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06-23-1997 Council Packet
I AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 23, 1997, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one .-notion 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 1. 7:00 P.M. AWARD SALE OF BONDS - RESOLUTION * 2. CONSENT AGENDA 2 3 issr Yo ^^0/Vo 7>*APPROVAL OF MINUTES * 3. Regular Meeting of June 9, 1997 * 4. East Neighborhood Meeting Concerning Highway 12 Design Meeting of June 9, 1997 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - Charles Schroeder Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT * 5. #2165 City of Orono, "4730" Tonkaview Lane - Metes & Bounds Subdivision - Resolution 6. #2233 Walter Holzer, 1130 North Shore Drive West Variance - Resolution 7. #2240 Jim Waters Investment Group, XXXX Wildhurst Trail - Sketch Plan For Saga Hill #2242 Wayne A. Johnson, 1225 Lakeview Avenue - Variance - Resolution 9. #2243 John D. Black, 4030 Dahl Road - Variance - Resolution 10. #2247 Wayne Holmes, 1390 Park Drive - Variance - Resolution 11. #2248 David and Jodi Rahn, 1385 Rest Point Road - Variance - Resolution fH2. #2249 U.S. Marshal, 2245 French Lake Road - Variance - Resolution 13. #2250 Maureen Bellows for Ellen & Steve Polansky, 1900 Fox Ridge Road - Variance - Resolution MAYOR/COUNCIL REPORT ENG j VEI F. REPORT # 14. No l arking - Fagerness Point Road - Resolution .J(15. Award Bids for Bracketts Point and B.ay Ridge Sewer Improvement 16. Award Bid for Old Crystal Bay Road Bike Trail - North Segment 17. Pay Request #1 - Old Crystal Bay Road Bike Trail 18. Change Order #1 - North Long l^ke/Long Lake Country Club Sewer Project ^19. Change Order #2 - North Long Lake/Long Lake Country Club Sewer Project / 20. Change Order #3 - Nonh Long Lake/Long Lake Country Club Sewer Project 21. Change Order #4 - North Long Lake/Long Lake Country Club Sewer Project ♦ 22. Change Order #2 - Old Crystal Bay Road Bike Trail - Otten Driveway r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 23,1997, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT 23. Long Lake Fire Depaitment Vehicle Purchase Proposal 24. Lease Rates for Water Tower 425. Curbside Recycling Contract Extension for 1998-2000 26. Appointments to the Highway 12 Design Neighborhood Committees 'ill. Authorization to Initiate an Internal Promotion Process for a Sergeant Position 28. Local Performance Aid Certification 429. Gary Cheswick Salary Step Increase 30. Schedule Recognition for Bruce and Ruth Dayton 31. Telecommunications Update CITY ATTORNEY'S REPORT 32. Request for Executive Session ♦ 33. LICENSES ♦ 34. BILLS UPCOMING ISSUES AND EVENTS 06/23 C6'25 06/25 07/04 07/07 04/14 07/16 07/18 07/21 07/28 Council meeting 7:00 p.m. Grand Opening Ceremony DNR Maxwell Bay Access Building Board of Appeals 5:00 p.m. HOLIDAY (office closed) Park Commission meeting 7:15 p.m. Council meeting 7:00 p.m. Highway 12 Design Review Committee 5:30 p.m. Mn/DOT Stormwater 8:30-10:30 a.m. Planning Commission meeting 7:00 Council meeting 7:00 p.m. - 10:00 a.m. 1 r i!Public Attendance Meeting D ate ' JU^Qg: A~?i, *7 Council Planning Commission Park Commission Please fill out the information REQUE^D BELOW FOR OUR CITY RECORDS. O ther NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER I. U//^(7iS='il A/a/2v)<f-)aes' peiue- ^^223? 1^90 f 3. \iPtRLu'-^111? A i('’A 4. ll//>VA2£'/SK^ /-MeV;fFi,y At'£-- 5. y)^fo ^ 5. CT(1^ C/Jkit<- • 7. \5 a ajI:) V / f t d )v>- 8.rAer>I72S rAA 4^/^ *13 10.Ly, /Jl i/k^T'''/>'j/ tn.rmt-i ..Wa Cvfet/ 13. v3 f Q'^50 14. 60' t 15. (/C^vy^ 09U9S.4 /f ,CgMJU Loi ’kc<N\v-r^ \>i'iek\y McvJs vv^koVt CAckilada r n r ^ % r P COUNCIL MEETING REQUEST FOR COUNCIL ACTION JUN 2 3 1997 CITYOFOnONO DATE: June 20, 1997 ITEM NO: / Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Bond Sale Award - Resolution / The Council at its May 27 meeting adopted a resolution calling for a bond sale in the amount of $1,760,000 to finance four public improvement projects. These included the North Long Lake/Long Lake Country Club sewer project, the Bracketts Point sewer project, the Bay Ridge sewer project, and the Orono Ice Arena sewer and water project. The bond sale was scheduled for June 23,1997. The city's bond consultant will provide information regarding the bids received on the bonds, and a resolution awarding the sale of the bends, at the June 23 Council meeting. Moodys Investors Services has completed its rating process for the bonds. They have retained the city's Aa-1 rating. COUNCIL ACTION REQUESTED: Motion to adopt a resolution awarding the sale of bonds in the amount of $1,760,000 to finance the North Long Lake/Long Lake Country Club, Bracketts Point, and Bay Ridge sewer projects, and the Orono Ice Arena sewer and water project. I r 5 i ‘rir- c.. Extract of Minutes of Meeting of the City Council of the City of Orono Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Orono, Miimesota, was duly held at the City Hall in the City, on Monday, June 23, 1997 at 7:30 o’clock P.M. The following members were present: and the following were absent: ♦ ♦ ♦* * *♦ ♦ ♦ The Mjtyor announced that the meeting was convened for the purpose of considering proposals for the purchase of $1,760,000 General Obligation Improvement Bonds, Series 1997. * ** * *♦ ♦ ♦ The City Clerk then presented the proposals received prior to 11:00 o’clock A M. pursuant to the Terms of Proposal for the General Obligation Improvement Bonds, Series 1997. These were examined and found to be as follows: Name of Bidder Interest Rates Purchase Price Attached Member introduced the following written resolution and moved its adoption: RESOLUTION NO. RESOLUTION AWARDING SALE OF $1,760,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1997, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The proposal of (the “Purchaser”) to purchase the $1,760,000 General Obligation Improvement Bonds, Series 1997 of the City is hereby found and determined to be the best proposal received pursuant to the Terms of Proposal, and shall be and is hereby accepted, said offer being to purchase Bonds bearing interest according to year of maturity as follows: Maturity Interest Maturity (Februarv 1)Rate (Tebruarv 1) 1999 2007 2000 2008 2001 2009 2002 2010 2003 2011 2004 2012 2005 2013 2006 Interest Rate 2, To provide funds for the City’s 1997 Improvement Projects as described in paragraph 3 (the "Improvements"), the City hereby determines that it is necessary and expedient to issue pursuant to Miimesota Statutes, Chapter 429, its negotiable General Obligation Improvement Bonds, Series 1997 (the "Bonds ”) in the aggregate principal amount of $1,760,000, dated July 1, 1997, which Bonds shall bear interest at the rates above set forth, computed on the basis of a 360-day year of twelve 30-day months, payable February 1,1998 and semiarmually thereafter on February 1 and August 1 in each year, and shall mature serially on February 1 in the years and amounts as follows: -2- r Year Amount Year Amount 1999 $85,000 2007 $120,000 2000 85,000 2008 125,000 2001 90,000 2009 130,000 2002 95,000 2010 140,000 2003 100,000 2011 145,000 2004 105,000 2012 155,000 2005 110,000 2013 160,000 2006 115,000 [The Bonds maturing on February 1,2013 are subject to mandatory sinking fund redemption and shall be redeemed in part at par plus accrued interest on the mandatory redemption dates and in the principal amounts as follows: Mandatory Redemption Date February 1,____ February 1,____* Principal Amount $ *.Final Maturity The principal amount of the Bonds maturing on February 1,2013 or required to be redeemed on each mandatory redemption date as set forth above, may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of Bonds of such maturities credited against future mandatory redemption requirements tor such Bonds in such order as the City shall determine. In addition, on or prior to the 60th day preceding any mandatory redemption date, the Registrar and Paying Agent may, and if directed by the City shall, purchase the Bonds maturing on February 1,2013 in an amount not exceeding the amount of the Bonds of such maturity required to be redeemed on such date and at a price not exceeding the principal amount thereof plus accrued interest. Any Bonds so purchased shall be canceled and the redemption thereof shall be credited against the principal amount of Bonds of such maturity required to be redeemed on the next mandatory redemption date.] All Bonds maturing on or after February' !, 2006, are subject to redemption and prior payment in whole or in part in such order as the City may determine and by lot within a maturity at the option of the City on February 1,2005, and any date thereafter at par and accrued interest. In the event of redemption by lot of Bonds of like maturity, the Bond Registrar shall assign to each Bond of such maturity then outstanding a distinctive number for each $5,000 of the principal amount of such Bonds and shall select by lot in the manner it determines the order of numbers, at $5,000 for each number, for all outstanding Bonds of like maturity. The order of selection of Bonds to be redeemed shall be the Bonds to which were assigned numbers so -3- r selected, but only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. The Bonds shall be numbered R-1 upwards in order of issuance or in such other order as the Registrar may determine and shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the amount maturing in any year. 3. The Bonds are being issued to provide financing of estimated costs in the minimum amount of $1,735,360, including contract price, construction interest and legal, fiscal and miscellaneous costs for certain local improvements of the City pursuant to the authority of Chapter 429, Minnesota Statutes, referred to as North Long Lake and Long Lake County Club Sanitary Sewer Improvements, Bay Ridge/Hartwood and Brackett’s Point Sanitary Sewer and Orono Ice Arena Sewer and Water, and also to provide additional interest in the amount of $34,640 in the form of obligations as authorized in Section 475.56, Minnesota Statutes, consisting of bonds maturing in 1999. The City Council has made all necessary investigation and hereby finds and determines as follows: The City Council has held a public hearing after due notice regarding each such improvement and has ordered in each such improvement b. Contract for the construction of each such improvement will be entered into within the time prescribed by law. c.Each such improvement will be a special benefit to property in the City and that the total cost of such improvements is at least the amoimt set forth above. d. Special assessments for each such improvement may and will be levied on the benefited property in an amount equal to at least 20% of the cost thereof 4. The Bonds, the Registrar’s Authentication Certificate and the form of assignment shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO No.$ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1997 Interest Rate Maturity Date of Original Issue July 1, 1997 CUSIP Registered Owner: Principal Amount: The City of Orono, Hennepin County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on such Principal Amount at the Interest Rate specified above from July 1, 1997, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on February 1 and August 1 of each year, commencing February 1, 1997, until said principal amount is paid. Principal is payable in lav^ul money of the United States of America at the office of Firstar Bank of Minnesota, N.A., in Minneapolis, Minnesota, as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days’ notice to the registered owners at their registered addresses. Interest shall be paid on each Februaiy 1 and August 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person’s address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. The Bonds of this series maturing on or after February 1, 2006, are subject to redemption at the option of the City, in whole or in part in such order as the City may determine and by lot within a maturity, on February 1,2005 and any date thereafter at par and accrued interest. Thirty days’ notice of prior redemption will be given by mail to the bank where the Bonds are payable and to the registered owners in the manner provided by Chapter -5- r During such time as this Bond is registered in the name of Cede & Co as nommee of Deposito^ Trust Company ("DTC"), the method of payment, notice of ’ redempUon and certain other matters are subject to the terms of a Blanket Letter of epr^ent^ons executed by the City and DTC prior to the date of issuance of the Bonds as such Blanket Letter of Representations may be amended from time to time. «1 7/^0 nan 1® aggregate principal amount of $1,760,000, all of like date and tenor except as to maturity, interest rate and redemption privilege issued pursuant to and in full conformity with the Constitution and Laws of the State of Mmnesota, mcluding Chapter 429, Minnesota Statutes, for the purpose of providing unds for various sewer and water improvements identified in the Resolution described below ^d to Bond IS payable primarily from taxes levied and special assessments levied or to be le^ed from its Improvement Bonds of 1997 Fund, but this Bond constitutes a general obligation of the City , r.d to provide moneys for the prompt and full payment of said principal and mterest as the same become due the full faith and credit of the City is hereby irrevocably p edged, Md the City will levy additional ad valorem taxes on ail taxable property in the City if required for such purpose, without limitation as to rate or amount. . ^ provided by the Resolution of the City Council authonzmg the issuance of the Bonds of this series adopted June 23, 1997 (the “Resolution”) only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof m person or by the Registered Owner’s duly authorized attorney, upon surrender of to ond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a Witten mstmment of transfer in form satisfactory to the Bond Registrar duly executed by the Registered Owner hereof or the Registered Owner’s duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. The Bonds ofthis series are issuable only as fully registered bonds without coupons m denommations of $5,000 or any integral multiple thereof not exceeding the pru'.cipd amount maturing in any one year. As provided in the Resolution and subject to certam limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination as requested by the Registered Owner or the owner’s duly authorized attorney upon surrender thereof to the Bond Registrar. -6- I, h' ti'* ms HEREBY CERTIFIED AND RECITED that all acts, conditions and things rccjuircd by the Constitution and laws of the State of Nlinnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Orono, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified above. Dated; (Facsimile Signature"! Mayor (Facsimile Signature'! City Clerk Bond Registrar’s Certificate of Authentication and Registration -7- r ■ This is one of the Bonds described in the within mentioned Resolution and this Bond has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Orono, Minnesota. FIRSTAR BANK OF MINNESOTA, N.A. Bond Registrar Authorized Signature -8- tfiidHiilBitiitartilii 11 i liitr r • 'n % ! fx r ASSIGNMENT unto FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints_______________attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please Insert Social Security Number or Other Identifying Number of Assignee Assignee Notice: The signature to this assignment must correspond with the name as it appears on the face of this Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. 5. The Bonds shall be payable upon presentation at the offio? of Firstar Bank of Minnesota, N.A., in Minneapolis, Minnesota, as Registrar and Paying Agent or at the offices of such other successor agents as the City may hereafter designate upon 60 days’ mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered owners at their addresses shown on the registration books on each interest p^roent date unless other arrangements satisfactory to the Bond Registrar the City and the registered owners of Bonds are made. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt p^nnent of such principal and interest. 6. The Bonds shall be prepared in typewritten or printed form under the direction of the City Clerk and when so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Bonds shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond -9- 1 i| r fv - ! ? Registrar is authorized and directed to register the Bonds initially issued hereunder in such names as the purchaser may direct. The Bonds initially issued hereunder shall be registered as of July 1, 1997, and all Bonds issued in exchange therefcr shall be registered as of such date, or, if issued after the first payment date, as of the most recent interest payment date on which interest was p^d or duly provided for. When the Bonds shall have been so prepared and executed, they shall be delivered by the Finance Director in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre & Benson LLP, as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds. 7. (a) For purposes ofthis paragraph 6, the following terms shall have the following meanings: “Beneficial Owner” shall mean, whenever used with respect to a Bond, the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person’s subrogee. "Cede & Co.” shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. “DTC” shall mean Depository Trust Company, New York, New York. “Participants ” shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. “Representation Letter” shall mean the Blanket Letter of Representations from the City to DTC, with respect to obligations issued from time to time by the City, substantially in the form on file in the office of the City Clerk. (b) The Bonds shall be initially issued as separate authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register of the City kept by the Registrar in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by -10- r if» DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under thus Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action by DTC as registered owner of the Bonds. The Registrar shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City‘s obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon deliveiy by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with subparagraph (f) hereof (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with subparagraph (f) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with subparagraph (f) hereof. (d) Notwithstanding any other provision of this Resolution apparently to the contrary, so long as any Bond is registered in the name of Cede 8c Co., as nominee of DTC, all payments with respect to the principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) The Representation Letter to DTC is hereby confirmed and expressly made applicable to the Bonds. The Representation Letter sets forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (f) In the event that any transfer or exchange of Bonds is permitted under subparagraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transfe* sd or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of paragraph 8 hereof. -11- r I V:r 8. As long as any of the Bonds issued hereunder shall remain outstanding the City shall maintam and keep at the office of the Bond Registrar an office or agency for the payment of ^e principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said office of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of any Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner’s duly authorized attorney, and upon payment of aiiy tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. The Bonds, upon surrender thereof at the office of the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the City shall execute and the Bond Registrar shall deliver Bonds in accordance with the provisions of tlus Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifteen (15) days next preceding any February 1 or August 1 interest payment date. 9. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the City in any lav/ful manner, if, after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other -12- i ; Bond shall cany all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 10. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 11 . There is hereby created a special fund, to be known as the Improvement Bonds of 1997 Fund, for purpose of paying principal and interest on the Bonds, and in the event the principal of and interest upon the said Bonds shall become due and payable and there are insufficient moneys in said fund to pay such principal and interest, the City Treasurer is authorized and directed to pay said principal and interest from the general fund and thereafter to reimburse said general fund from collections of taxes levied pursuant hereto and special assessments for the Improvements. The proceeds of the Bonds herein authorized shall be deposited in a separate construction fund to be used solely for the payment of expenses of such Improvements. Any remaining proceeds may be used for any lawful purpose. All future collections of special assessments for the Improvements are hereby irrevocably appropriated and pledged to the payment of principal of and interest on the Bonds herein autliorized, and the moneys and investments in the Improvement Bonds of 1997 Fund shall be used for no other purpose than to pay principal and interest on the Bonds until such principal and interest shall have been paid in full; provided, however, that nothing herein contained shall prevent the issuance and sale of addition2il bonds payable from the proceeds of such assessments to provide additional funds to pay the balance of the cost of said Improvements. The City is hereby authorized to levy assessments for said Improvements for which special assessments have not heretofore been levied. The City Treasurer may create separate accounts within the Improvement Bonds of 1997 Fund for any capitalized interest and for assessment prepayments. 12. There is hereby levied upon all the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected as part of other general ad valorem taxes of the City in the years and amounts as follows: Lew Year 1997 1998 1999 2000 Collection Year 1998 1999 2000 2001 Amount -13- 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Said levy shall be iirepealable and the taxes so levied are irrevocably appropriated to the debt service fund, but the City reserves the right to reduce said levy in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. It is hereby found and determined that the foregoing taxes, if collected in full, will, together with the estimated collection of pledged special assessments, produce at least five percent in excess of the amount needed to meet when due the payments of principal and interest on the Bonds; but the Bonds are general obligations of the City to which the full faith, credit and unlimited taxing powers of thi^ City have been and are hereby pledged; and the City Council shall levy general ad valorem taxes on all taxable property in the City, if necessary, to pay the principal of and interest on the Bonds when due. 13. The City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records relating to the issuance of said General Obligation Improvement Bonds, Series 1997 and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to alJ matters stated therein. 14. The Official Statement relating to the Bonds, on file with the Clerk and presented to this meeting, is hereby approved and its designation as a “near final” Official Statement for purposes of Rule 15c2-12 of the Securities and Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate included in the Official Statement is hereby approved and shall be executed and delivered in connection with the delivery of the Bonds. The Continuing Disclosure Certificate constitutes a contractual obligation in accordance with its terms. 15. The officers of the City are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting -14- I ? r requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the “Code”), by the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued. 16. The City shall not take or permit any action that would cause the Bonds to be “private activity bonds” within the meaning of Section 141 of the Code. The City shall comply with the rebate requirements imposed under Section 148(f) of the Code and regulations thereimder, including (if applicable) the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The Finance Director of the City is hereby authorized to make on behalf of the City all election that he may deem necessary and expedient under Section 148 of the Code. In addition, the City shall make no investment of funds that would cause the Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this paragraph 16 shall have the meanings provided in the Code and regulations thereunder. 17. The Bonds are hereby designated “qualified tax exempt obligations” for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986. 18. The City Clerk shall furnish a certified copy of this resolution to the County Auditor of Hennepin County, and obtain the County Auditor’s certificate as required by law. The motion for the adoption of the foregoing resolution was duly seconded by Member_________________ upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -15- r STAfE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. CITY OF ORONO ) ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Orono, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held June 23, 1997 with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $1,760,000 General Obligation Improvement Bonds, Series 1997 of said City. WITNESS My hand officially and the seal of the City this_____of June, 1997. City Clerk City of Orono, Minnesota (Seal) M1:0269I0«.01 •i -16- ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 9,1997 COUNCIL MEEHNO?y JUN 2 3 1997 ROLL cmroFonoNO The Council met on the rix)ve mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kell^, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorn^ Tom Barrett, Assistant Planning and Zoning Adnunistrator Michael Gafifron, Planner/Zoiung Administrator Elizabeth Van Zomeren, Public Services Director Greg Gappa, City Engineer Tom Kellogg, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 7:00 p.m. (#1) AUDIT REPORT - DENNIS HOOGEVEEN, REPRESENTATIVE OF MALLOY, MONTAGUE, KARNOWSKI, RADOSEVICH & CO. Chris Miller, Assistant Finance Director, was present along with Dennis Hoogeveen, who r^resented Malloy, Montagtie, Kamowski, Radosevich & Co. Hoogeveen reported that the audit process went very smoothly and was completed one month earlier this year. The report consists of a letter from the City staff to the Coun^ and the Management Report prepared the auditor. Hoogeveen reported that the City has again obtained an unqualified or clean report which should qualify the City fi)r the Certificate of Achievement. Hoogeveen presented a general review of the report noting the favorable standing of the Genera] Fund. He noted that the City took a proactive approach regarding water and sewer rates. The report was completed in an efficient manner. Jabbour inquired how the City compares to other cities audited by the company. Hoogeveen noted that the City follows a simplified fimd structure allowing the repotting to be straight forward and easily understood. Hoogeveen said the City is well run from a financial standpoint, is meeting their debt commitments, and taldng a proactive approach ^propriate with costs. Goetten was informed that the City has received a Certificate of Achievement each year since 1988. Flint inquired if the recent le^slative session resulted in any changes that would affect the City. Hoogeveen said there was not a great deal of summarization available from the session which just ended but did not believe there would be any major impacts on the City. Kelley noted the HACA funding has had an up and down track record. Hoogeveen said he believes the trend of the fund is going to continue down but noted that the City is less reliant on State revenue sources than many cities. If l!- • j V .} MINUTES OF THE REGULAR ORONO CITY COUNCIL • I MEETING HELD ON JUNE 9,1997 (#1 - Audit Report - Continued) FUnt the sewer operating fund had a net loss and questioned whether the addition of more sewer units would result in a reduction of the loss. Moorse indicated the additional sewer units may help to reduce the operatmg loss. KeUey noted that through infiltration, reduction to the ^em, and grant applications for specific infiltration reduction projects, the City is attempting to reduce the loss. Kelley suggested discussing this issue during budget review. Hoogeveen noted page 13 of the report shows a reduction in the loss which sets a good trend. Kelley said the trend must continue and is concerned with the low amount of depreciation. Jabbour stated that there would be less maintenance with the new sewer umts. Jabbour said the MetropoUtan Waste Control Commission has changed the way costs are charged. He as sewer costs have increased, the City has taken steps to reduce sewer flows reducing the inflow of dear water into the sewer system. One way the City is doing this is to inspect homes to ensure sump pumps are not connected to the samtary sewer ^stem. Flim was informed that the City does not invest in derivatives. Kelley indicated that the finance department has followed a conservative path regarding investments. Jabbour thanked Hoogeveen for his report. (•#2) CONSENT AGENDA Items #6,11,15, and 16 were added to the Consent Agenda. Goetten moved, Keller seconded, to approve the Consoit Agenda as amended. Vote; Ayes 5, Nays 0. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF MAY 27,1997 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of May 27, 1997. Vote: Ayes 5, Nays 0. (•#4) WEST NEIGHBORHOOD MEETING CONCERNING THE HIGHWAY 12 DESIGN OF MAY 27,1997 Goetten moved, Kell^ seconded, to approve the Minutes of the West Neighborhood Meeting Concerning the Highway 12 D^gn of May 27,1997. Vote: Ayes 5, Nays 0. I MBYTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 ■I * (•#5) SPECIAL MEETING OF MAY 2i, 1997 Goetten moved, Kelley seconded, to approve the Minutes of the Special Meeting of Kfay 21,1997. Vote: Ayes S, Nays 0. PARK COMMISSION COMMENTS No member of the Park Commisaon was present. PLANNING COMMISSION COMMENTS Commisaoners Smith and McMillan were present to answer any questions the Council may have. PUBUC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (*#6) #2216 WINSTON & BARBARA ADAMS, 3195 CASCO CIRCLE - WITHDRAW OF APPLICATION FOR VARIANCES Goetten moved, Kelley seconded, to approve the withdrawal of Application #2216. Vote: Ayes 5, Nays 0. (#7) #2241 KYLE HUNT AND PARTNERS, INC., 1185 FERNDALE ROAD WEST - VARIANCE - RESOLUTION NO. 3913 Kyle Hunt was present. Van Zomeren reported that the property is located in the LR-1A Zoning District requiring two acres. The property has .887 of dry buildable land. The proposal is a request for construction of an exercise room under the existing deck, which encroaches 4* into the lakeshote setback, and the addition of a third stall to the garage. The Planning Commission recommended ipproval of the exercise room addition but denial of the nde yard variance for construction of the third garage stall. The zoning requires a 30' ^de setback and 19.1' is proposed. The garage is currently in compliance. Van Zomeren noted that the adjacent properties do not meet the required side setback. She indicated that the building pad is impacted by the 26* separation requirement from wetlands. r MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 (#7 - #2241 Kyle Hunt and Partners - Continued) Jabbour asked if the applicant had any additional comments. Hunt reported that the---- adjacent residence to the east is within 12' of the property line with outbuilding within 2'. The west side residence is within 15' of the property line. Hunt also noted that the . majority of homes in the neighborhood are not in compliance with code requirements and questioned the intent of the ordinance. He reported that the residence is buU^on pilings and cannot be increased upward or downward. Hunt said consideration was given to building the garage to the northwest but it would impact the 26' wetland sepai^tion and., increase hardcover beyond the 25% allowed. Kelley was informed that the residence was built in 1981 . Kelley said the lot was mar^nal at that time and the residence was built to maximize the lot. He said the owner at that time was aware of the ordinance and no changes have occurred since ^t time. Kdley said he did not support the addition of the third garage stall. Hunt was informed that the intent of the ordinance was to allow big homes built on large lots and small homes on small lots. Jabbour reviewed the purposes of the 75* setback requirement and 2 acre zoning. ........ ... Goetten informed Hunt that the residences not in compliance were generally buih prior to the zoning requirements. Kelley noted that the current patio would never have been allowed and questioned whethe** permits were obtained for its construction. Jabbour asked Staff to examine applications regarding code compliance and obsennuice of proper permit procedures at time of construction. Goetten questioned where the 192 s.f of additional hardcover is located if the exercise room is located under the existing deck. Hunt said the additional 192 s.f of hardcover would be from the construction of the third garage stall. Hunt questioned whether the obstruction of views was reviewed. Jabbour and Goetten said they were familiar with the property. Peterson was informed that the view obstruction noted by the adjacent ndghbor would result from the garage stall construction. There were no public comments. Peterson moved, Goetten seconded, to approve Resolution No. 3913 per the Planning Comnussion recommendation. r I' MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 (#7 - #2241 Kyle Hunt and **artners - Continued) Jabbour asked the applicant if he understood the terms of the resolution. Hunt said he did. He said consideration had been given regarding reduction of hardcover to conform to the 25% allowable if the garage stall was approved. Jabbour informed him if non- conforming hardcover was removed, it would not be allowed to be added in the future. Hunt asked if the hardcover was removed in the 0-75' setback, if it could be gained in the 75-250' setback. Jabbour said it could as long as the 25% hardcover requirement is met. Goetten informed the applicant to work with staff. Vote: Ayes 5, Nays 0. (#8) #2182 HERBERT TERRY OLSON, 3640 BAYSIDE ROAD - VARIANCE - RESOLUTION NO. 3914 Mr. Olson was present. Vm Zomeren reported that the 1.77 acre property is located in the LR-1A Zoning Distnct where two acres are required. The original proposal requesting relocation of the existing garage 6' to the east was amended and existing survey represents the current proposal. Van Zomeren indicated that the property is considered a through lot requiring a CUP and street setback variance from 50’ to 9* for the reconstruction of the existing garage in its current location. 1 he Planning Commission recommended approval with a 5:2 vote. Jabbour questioned what the hardships are for the proposal. Van Zomeren indicated the hardships ^ the through lot status and the topography of the property. Van Zomeren noted Exhibit I, the cost estimate to relocate the garage, was recommended by the Planning Commission for Council review. The contractor's cost estimate includes excavation and paving at an additional cost of $7,000. Jabbour asked if the reronstruction of the garage would be on existing foundation. Van Zomeren said it would include a new foundation but located in the same spot. Goetten noted the steep topography. Van Zomeren reported that a neighboring resident said the neighbors preferred the proposed garage location to minimize lake view impact. Olson had no adaitional comments. Jabbour asked the applicant if he had any problems resulting from the use of the City property bordering Olson's on the lake. Olson said he had very few problems. There were no public comments. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 (#8 - #2182 Herbert Terry Olson - Continued) Goctten moved, Peterson seconded, to approve Resolution No. 3914. Vote: Ayes 5, Nays 0. (#9) SAGA HILL SUBDIVISION Barrett voiced concern with approval of a resolution by the City who is not holder of fee title to the property noted. He said fee holder (State of Minnesota) consent was required. He also indicated the City does not have the ri^t to convey property that is not owned by the City. He suggested the County may acquire designation of ownership from the State. Jabbour said the City should facilitate the subdivision and conveyance of Ae property and asked Moorse to bring the resolution back to the Council as soon as possible. Barrett said he would assist in the process. Gafifron indicated the resolution requires revision of the statement regarding City’s release of property for sale to adjacent property owner. Jabbour moved, Kelley seconded, to table the application to the June 23, 1997 Council meeting. Vote: Ayes 5, Nays 0. (#10) ACCESSORY STRUCTURES GafiBron reported that the City is receiving more and more applications regarding the addition of plumbing to accessory structures. The concern is with the amenities resulting in structures that could become accessory dwellings. Gafiron reviewed the policy issues as noted in the memo: 1) What plumbing fixtures should be allowed in an accessory building without Council review? 2) At what level of plumbing docs an accessory structure have the potential for secondary dwelling use or non-residential use? 3) When is a restrictive covenant an appropriate alternative to a guest house CUP? Docs the Council wish to review/approve all restrictive covenant rituations? Gaffron noted a separate but related issue involves the sewer unit assessment policy relating to accessory buildings with plumbing. Jabbour asked for Staffs view of what is considered an accessory structure and how to avoid such a structure resulting in property becoming a multi-dwelling property. Jabbour said he was concerned with preventing uses that should be allowed. Goetten suggested using lot size as the criteria ! • I ! E ■ \ i ' MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 (#10 - Accessory Structures - Continued) Kelley said he was concerned with defining the code to meet the few exceptions presented. He asked that there remain room fiar disaetion while preventing two housing units on properties. KeUey noted the code does not allow for two housing units and questioned why such use cannot be stopped if discovered. Gaffron noted that the City is also receiving requests for use of accessory tructures for home occupations, which currently is not allowed. Kelley said property owners should be allowed reasonable use of their property. Goetten su^ested the Planning Commission review the issue. Gaffron indicated the scheduled Planning Commission work session on home occupation licensing could also include a review of plumbing in accessory structures. Sandra Smith noted that these issues have been discussed by the Planning Commission with no conclusion and agreed the issues need to be studied. MAYOR/COUNCIL REPORT Jabbour complimented Staff on their professional financial reporting and use of team work. He noted the direct benefit to the City, Jabbour noted viewing dead or dying vegetation on public accesses during the Park Tour. He indicated the DNR is working on this problem. Kelley said the Public Works Dq)artment is also making improvements in Orono's parks. Jabbour directed Staff to add black dirt to create a usable play field in Crystal Bay Park in the fall. Peterson asked that cost estimates be obtained. Gappa indicated ^t it would take a few hundred loads of dirt to remedy the problem but would rc'riew it. Kelley said by fan the Council should have a good understanding of where the budget stands regarding expenditures and revenue and asked that the costs be kept in line with the budget. Goetten asked Moorse to send a letter of congratulations to Tim Pattrin as the new Chair of the Lake Minnetonka Communications Commission. Council agreed that Pattrin is doing an excellent job. Jabbour asked Moorse to inform JoEllen Hurr of the upcoming public access grand opening. — / r t MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 (Mayor/Council Report - Continued) Flint asked what the next step is in the Spring Hill Golf Club construction process. Gaffi*on said the developer's agreement has been drafted and has been signed by Andy Hunter. Improvements steps have begun. Tree cutting and moving has started. The land alteration permit was issued on this date. A pre-construction meeting is scheduled for Thursday of this week. Jabbour said Hunter complimented the City on their thoroughness in reviewing the application. GafBron said the last issue for resolution is the trail agreement. Flint was sent the proposed agreement for his review. Kell^ questioned whether the City has r^dved information on the Orono Golf Course infiingement on a neighboring property. Moorse said he is reviewing the issue. Jd>bour asked Staff to work with Cliff Otten on the ingress/egress problem. Gappa said a change ord^ would be presented at the next Council meeting. He has asked the bike trail contractor to present estimates for completing the project. Jabbour said he appreciated the immediate action taken by the Public Works Department. ENGINEER REPORT (*#11) ENGINEER SCOPE OF SERVICES FOR NORTH FERNDALE ROAD PLAN Goetten moved, Kell^ seconded, to approve the May 1997 proposal for engineering services from Bonestroo and Associates for the North Femdide Road Improvement project. Vote: Ayes S, Nays 0. (#12) NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION SEWER PROJECT EASEMENT - EMINENT DOMAIN - RESOLUTION NO. 3915 Jabbour asked that due process be followed. Gappa noted that the digging and laying of sewer pipe began on this date. Gappa reported that the Anderson's have made a formal appeal to the district court r^arding their assessment. A new septic had recently bem installed on the property. Gappa said he spoke with Mr. Anderson regarding the easement to allow the sewer to serve the Gardener property to the north. Anderson is unwilling to approve the easement since he has appealed the assessment and is concerned that approving the easement may affect his rights regarding the assessment appeal. Anderson asked that Gappa contact his attom^r. Gappa said he discussed with him that eminent dommn proceedings will begjn and the easement and assessment appeals wilt be worked out. t♦MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 (#12 - North Long Lakc/Long Lake Countiy Chib Addition Sewer Project Easement Continued) Jabbour noted that the City will use the 90 day quick take process. He asked if there would be any impact from this on the sewer project. Gappa said there would be no ma jor impact but possibly remobilization later on. A cost increase may occur. Goetten asked what the Andoaon’s objection is to the easement. Gappa said Anderson was unwilling to agn the easement document since he is appealing his assessment. Goetten asked if there would be any difference if no objection had been made. Gappa said Anderson said he would have signed the agreement if h would have held up the sewer project. Barrett said the rights of legi^tion would not prejudice Anderson's appeal of the assessment. He was asked to contact Anderson's attorney to discuss this issue. Jabbour moved, Keller seconded, to adopt Resolution No. 3915 and to direct staff to proceed with the 9(May quick take process and notify Mr. Anderson and his attorney that the easement would not prejudice his appeal of the assessment in attempting to resolve the easement issue. Vote: Ayes 5, Nays 0. CITY ADMINISTRATOR'S REPORT (#13) REQUESTS FOR SEWER SERVICE OUTSIDE THE MUSA LINE Moorse presented information to the Council r^arding requests for sewer service outside the MUSA line. Meanwhile, Moorse asked if an extension should be given to those residents in the Shoreland District outside of the MUSA line who are in need of replacing their septic systems. The extension period would allow time for the City to determine whether additional areas will or will not be sewered. The Attorney will be asked for bis lq$al opinion regarding the 2 acre minimum zoning for sewering. Jabbour suggested a work session be held with members of the Metropolitan Council. Kelley noted the issue was of great importance and supported providing the readents with an extension. Jabbour said the extension should be tied in to the Council's discussion of the issue. Council agreed. Gafiron suggested a formal document be presented regarding provision of an extension to the time frame for septic repairs. Jabbour asked Staff to analyze the properties of Mr. Johnson and Mr. Maresh, and determine any differences in terms of the extension of the sewer to serve the properties. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON JUNE 9,1997 (#13 - Requests for Sevver Service Outside the MUSA Line - Continued) Kelley asked if the SUtc l^slative session resulted in any changes that would affect this issue. Gaflfron said he received information that a faction within the legislature apparently wants existing systems to have to meet only the 2’ separation. Moorse smd he received a copy of a bill being presented in the legislature from Senator Gen Olson. (#14) SCHEDUI.E TIF WORK SESSION Goetten when the consultant would be available for a work season. Jabbour expressed concern with proving public funding for private ventures. He noted low income housing is a possibility but suggested the private sector could make that provision. Kelley said he objected to TEF. He said he was not in favor of public fiindi^ of private projects and is concerned wth losing businesses that have long been establish^. He an example of such a problem existing in a neighboring community. He is concerned wto the outcome of TIF. Jabbour agreed with Kelley. He questioned if City improvements were made with TIF and what would occur once the TIF expired. He questioned where the funding would come from. He suggested the possibility of TBF for a specific project that would cease when the project ended. Jabbour suggested discussions be hdd regarding the issue. Kelley asked that the first meeting be an explanation of what TIF is and how it works. He is concerned with abuse of such financing and noted problems with inadequate record keeping as noted in the auditor's management report. Moorse said the concern expressed by Kelley is the reason he suggested a work session be held with a consultant to learn what TIF is and how it works. Goetten agreed with the need for a work session with the consultam. Flint said he would like to receive more information. He al.so is concerned with new development squeedng out the old established businesses. Jabbour noted that the City does subsidize TIF districts in other communities, since the incremental taxes that would be paid to the School District are offset partially by higher taxes on Orono property. He reiterated the possibility of TIF for specific projects. Moorse will contact the consultant to determine a date for the work session. r minutes of the regular orono city council MEETING HELD ON JUNE 9,1997 (•#15) UN VEE POSITION RECLASSfflCATION AND PAY ADJUSTMENT Goetten moved. Kelley seconded, to approve the redassHication of the Depu^ Clerk/I S Assistant position to level 6 of the City's compensation plan and to mcr^ the ^y rate for Lin Vee to $16.44 per hour effective January 1,1997. Vote: Ayes 5, Nays 0. (•#16) GREG GAPPA SALARY ADJUSTMENT Goetten moved, KeBey seconded, to approve a pay increase for Greg Gappa to an annual salary of $54,800. Vote: Ayes 5, Nays 0. (#17) LOCAL PERFORMANCE AH) CERTinCATION Moone repotted having reedved an update letter and cenffic^on tom new language. He indicated the City would not be able to make certification at this hme. moved, Peterson secwided, to table the Local Peiformance Aid Certification to the June 23,1997 Council meeting. Moorse reported that the LMCD has requested the City to review the proposed 1998 LMCD budget, and to indicate whether a public hearing should be held. He suggested the issue be discussed at the June 23 Council meeting. Jabbour agreed that a pubUc hearing should be held. He asked Moorse to notify the LMCD of the City's opinion that they be required to hold a public hearing regarding their budget to allow public input. Jabbour moved, Peterson seconded, to request the LMCD hold a public hearing rpgarHing the LMCD budget. Vote: Ayes 5, Nays 0. Moorse updated the Council regarding the options for interim sewer capacity. He reported that approval has been received from the Met Council to use the metro interceptor on Highway 12. Jabbour cxpre.<wed bi.s appreciation of a job well done regarding the above request. He also noted the excellent performance on CoRd 6. He noted the bids for the County Road 15 improvements have been received by the County and are extremely higher than estimated. It was noted that the County has not yet received railroad approval. Moorse reported that the cities within the MCWD have scheduled a meeting to discuss concerns regarding the MCWD and its requirement. CITY ATTORNEY’S REPORT City Attorney Barrett had no report. r Ik II minutes OF THE REGULAR ORONO CITY COUNCIL meeting held on JUNE 9,1997 (•#18)UCENSES GoetteniiHweAKeney seconded, to approve the following license: Vote: AyesS.Niqrs Tnitial Home Occupation License;Jan Gillqmst 993 Wildhurst Trail (*#19) BILLS Goetten moveds Kdlcy seconded, to approve p^maent of the All Funds Account. Vote: Ayes 5, Nays 0. ADJOURNMENT Mayor Jabbour adjourned the meeting at 8:35 p.m. Gabriel Jabbour, Mayor ATTEST: Dorothy M. HaUin, City Clerk ' •i ra . I mi iLCOUNCLMSTilQ MINUTES OF THE HIGHWAY 12 PRELIMINARY DESIGN EAST NEIGHBORHOOD MEETING HELD AT 6:30 P.M., lim OX 1QQ7 ON MONDAY, JUNE 9,1997 ^ ^ ‘ cnvoponoNO Mayor Jabbour opened the meeting at 6:30 p.m. He indicated that the new corridor for an upgrade of Highway 12, along the Burlington Northern Rail Road tracks, was approved by the city of Orono in October of 1996. After the cities of Long Lake and Wayzata also approved the proposed corridor Mn/pOT set up a Design Review Committee to provide input regarding the design of the roadway within the proposed corridor. The Design Review Committee has representatives from the cities of Orono, Long Lake, and Wayzata as well as representatives from other agencies such as the DNR, Hennepin County, and Hennepin Parks. The city of Orono ’s representatives are; Ed Callahan former Mayor, Diann Goetten Councilmember, Jim Muiphy resident, and Ron Moorse City Administrator. The city has divided the Highway 12 corridor into two neighborhood areas to facilitate communication with affected residents regarding the design of the roadway. Ed Miller of 1188 West Wayzata Boulevard indicated he did not receive a notice regarding the neighborhood meeting. He requested that his name be added to the mailing list. He also indicated that Mn/DOT is planning to acquire a portion of his property. NOTE: It Iws since been determined that Mr. Miller's property is located in the city of Long Lake. Nmcy Bordman asked whether there is any truth to the rumor that the Legislature has delayed the Highway 12 project by one year. Mayor Jabbour indicated the city is not aware of an y delays. Mayor Jabbour indicated the plan regarding right-of-way acquisition is that Mn/DOT will acquire all property necessary for the corridor in 1998. The city does not want anyone to be held hostage during a long process of property acquisition. Lili McMillan asked whether Mn/DOT is going to begin designing the roadway in the near future. Mayor Jabbour indicated the preliminary design process has begun. Councilmember Goetten indicated that various groups of residents along the corridor are providing proposals for changes to the design to Mn/DOT. She indicated the city and the neighborhood groups need to be ready to respond to new proposals. A key purpose of the neighborhood groups is to determine how they want their neighborhood to look when the project is complete. Ed Callahan indicated it is important the residents on the east end of the project begin to meet and get up to speed regarding the preliminary design as soon as possible, because the neighborhood committees in Long Lake are actively involved and there may be issues of disagreement between the Long Lake and Orono committees. rI » ^ ! MINUTES OF THE HIGHWAY 12 PRELIMINARY DESIGN EAST NEIGHBORHOOD MEETING HELD AT 6:30 P.M., ON MONDAY, June 9,1997 Continued Flint asked how someone who has property located more than 500 feet from the proposed corridor can have input into the preliminary design process. He suggested those property owners should still be able to participate at any level, including the neighborhood committees. Goetten suggested news releases be used to facilitate property owners being involved in the neighborhood committee meetings. Jabbour suggested that people directly adjacent to the corridor should have a greater voice since they are most affected by the project. Flint suggested it should be made known to the public that they can be involved at all levels. They should also be advised as to the various processes that are underway i.e. neighborhood committee meetings, Design Review Committee meetings, etc. Jabbour suggested notices of all committee and sub-committee meetings should be published. The Council determined that a decision regarding membership on both the east and west neighborhood committees will be made at the June 23 Council meeting. Each of the coimnittees should have 5 members. i Ed Miller of 1188 Wayzata Boulevard indicated he wants to be on the neighborhood committee. Jabbour adjourned the meeting at 6:55 p.m. h |o“3 tp ss; D)D)•o 3 3 O (/)o ► 111 ♦ w N510K3 h-»i— N)»-»OvOOO*vlO\Cn4^QJ n no n tr D“ ^ D-D> u ^ (u ^ D D 5 9 D KH(TQ OQ OQ OQ OQ ^ O O O O 2 O O O O O c:3. a s. s. s. O O O f# fft »-1 ►I »-| stt: stt: :H; Stt: to 4^ U> to I I OZ2ZZ___^ ^1111511 tS'??5'|5Si cm ►rt a o o ^res'??D. 9 td^ H 3 Q 9: O Oq OQ (TQ I o o 9 9 oo S n o n o o|:i:|g:D. i COUNOLMEETINQ JUN 2 3 1997REQUEST FOR COUNCIL ACTION DATE: June filTY^OBONO ITEM NO: ^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Descnption: . o uj- • • #2165 City of Orono, "4730" Tonkaview Lane - Metss & Bounds Subdivision This item relates to an approximately 9.5 acre parcel of property in the Saga Hill area which beca^ available to the city through tax forfeiture. The city has determmed that it wll acquire approximately 9 acres of the property for public park land use and will release the remainmg 1/2 acre for sale by the County to adjacent property owners. To enable this to occur it is necessary o subdivide the parcel. The Council at its June 9 meeting continued action on the subdivision to enable a legal question regarding whether the city was authorized to subdivide the property since the city is not the fee owner at this time. In following up on this question with the County, staff did ^tam auAonzatoon from the County to proceed with the subdivision. Staff also was advised by the Co^ty ttot in order for the subdivision to be completed in 1997 the County would need an indication from Ae city that the subdivision would proceed by Friday, June 13. In response to this deadline staff polled the Council to confirm approval of the subdivision subject to ratification at the June 23 meetmg. Staff received approval from the Council and the County has proceeded witii the subdivision. COUNCIL ACTION REQUESTED: Motion to adopt a resolution approving a subdivision of the Saga Hill tax forfeit property. r )s CITYof ORONO •e?SHO. RESOLUTION OF THE CITY COUNCIL NO ________ A RESOLUTION APPROVING A METES AND BOUNDS SL’BDIVISION OF TAX FORFEIT PROPERTY PINS NO. 07-117-23 23 0001 FILE NO. 2165 WHEREAS) the City of Orono is a municipal corporation organized and existing under die laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinaiter ”City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the Hennepin County Delinquent Tax & Tax Forfeited Land Division has authorized this subdivision; and WHEREAS, the City Council has considered the application for a metes and bounds subdivision by the City of Orono (hereinafter "the subdivider") of property legally described as follows: (PINS #07-117-23 23 0001): That part of the Northwest quarter of Section 7, Township 117, Range 23 described as follows: Beginning at a point in the westerly line of "Tonkaview Gardens Hennepin County Minn." distant 1320 feet south as measured at right angles from the north line of said northwest quarter; thence west parallel with said north line to a point in a line running from a point in said north line of the northwest quarter distant 402.5 feet east from the northwest comer of said northwest quarter to a point in the south line of said northwest quarter distant 396.5 feet east from the southwest comer of said northwest quarter; thence southerly along the last-described line to the northerly line of that Page 1 of 3 r CITYof ORONO RESOLUTION OF THE CITY COUNCIL a®NO. Bortion of the 9Uey, as dedicated on and adjoining the northerly line of Lot 5 , in Lrgquist and Wicklund's Addition to Bergquist and Wicklund’s Park HeMepin County Minnesota; thence easterly along said northerly line a dist^ce 137.24 fw to the angle point in said line; thence southeasterly along said northerly line of said alley a distance 169.39 feet to the most northerly comer of Lot 2, Bergqmst and Wicklund’s Addition to Bergquist and Wicklund's Park Hennepin County Minnesota, thence southeasterly along the northeasterly lines of Lots 2 and 1, Bergquist and Wicklund’s Addition to to Bergquist and Wicklui.d's Park Hennepm Coraty Minnesota a distance of 113.86 feet to said westerly line of Hennepin County Minn.”; thence northerly along said westerly Ime to the pomt ot beginning (hereinafter "the property"); and WHKRe.\S,the City is in the process of acquiring approximately 8.7 acres of this approximately 9.7 taK'.forfeited property, and ^S, the proposed metes and bounds subdivision is foi the purpose of separating said 8.7 acics from the remainder of the property; and whereas, the disposition of the remaining 0.5 acre parcel has been addressed m City Resolution #3893; and WHEREAS, the subdivider has completed all requirements of the City for a metes and bounds subdivision for the purposes noted above. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono herebv aooroves the metes and bounds subdivision as shown on the Certificate of Survey by PhiUir A. NelsL of the Hennepin County Surveyor’s Office, dated June 26,1996 and attac ePhillip A. Nelson of the Hennepm C this resolution, subject to the following conditions 1. The approval granted by this resolution shaU expire if the division has not been filed by December 9,1997. Page 2 of 3 ■ I r ii CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. Adopted by the City Council of Orono, Minnesota this day of June, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this day of June, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public 1 Page 3 of 3 r F I COUNCIL MEETINQ JUN 2 3 1997 REQUEST FOR COUNCIL ACTION CfTYOFOnONO DATE: June 17, 1997 ITEM NO. ’ w ■■ (j> • Department Approval: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2233 Walter Holzer 1130 North Shore Drive West Height Variance for Accessory Structure - Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (lAcre) Lot Area:39,700 (.91 acres) Application: The applicant proposed construction of a 30' x 40' (1,200 sq. ft.) accessory structure. The proposed structure exceeded the 1,000 sq. ft. maximum size requirement for lots less than 2 acres in size. A height variance is required because the height of any accessory structure is dependent on the height of the principal structure. The existing residence is approximately IT 6" in height. Planning Commission Recommendation The Planning Commission recommended that the size of the accessory structure be limited to 1,000 sq. ft. and the height be limited to 30'. COUNCIL ACTION REQUESTED: To approve or amend the attached resolution that grants: a. A height variance to allow the accessory structure to increase the maximum height to 30' where 11' 6" is required based on the existing residence. 1 ■ \ j i ‘ li f c M ru , I / A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (B) AND SECTION 10.03, SUBDIVISION 9 (C) FILE NO. 2233 WHEREAS, Walter Holzer (hereinafter "the applicant") is the owner property located at 1130 North Shore Drive West vrithin the City of Orono (hereinafter the City") and legally described as follows: That part of the W 1/2 of the NW 1/4 of Section 7, Township 117, Range «r.'sia thereof a distance of 402.5 feet; thence Southerly a distance of 2,124A teet *ong the North and South line that will intersect the East and West Quarter SecUon line of said Section 7, 396.5 feet East of the West Qu^er ^ Section 7 which shall be the point of beginning; then« continuing SouAetly along said line a distance of 100 feet; thence Westerly and parallel wi* the Nor*erly line of said Section to the Westerly line of smd Section; thence Northerly along said Westerly line to the intersection with a line drawn from the parallel line to the point of beginning, according to the U.S. Government urvey thereof, Hennepin County, Minnesota (hereinafter "the property ); and WHEREAS, the applicant has applied to the City for vari^ces to Municipd Zonine Code Section 10.03, Subdivision 9-Accessory Buildings, (B)-Height Restrictions md Lction 10 03; Subdivision 9-Accessory Buildings, (C-2)-Area Restrictions to the c^s^ctroi an accessory structure 1,000 sq. ft. in size and 30' in height where 116 m height is required. Variances for the height of an accessory structure to exceed the height of the principal residence are required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Page 1 of 4 ^ I r 1. 2. 3. 4. 5. FINDINGS This application was reviewed as Zoning File #2233. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District where the minimum lot area required is one acre. The Orono Planning Commission reviewed this application on June 2, 1997 and June 16, 1997 and recommended approval of the proposed variance(s) based upon the following unique findings and hardships: A. The zoning lot is .91 acres and does not meet the lot area or width requirements. B. The proposed accessory structure meets the yard setback requirement. C. The height of the principal structure is IT 6". D. The Zoning Code limits accessory structures to 1,000 sq. ft. on zoning lots less than two acres in size. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 4 1 r '•..fit*. - CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby I pants a height variance for a 1,000 sq. ft. accessory structure not to exceed a maximum height ,»f 30' per Municipal Zoning Code Section 10.03, Subdivision 9 (B) and Section 10.03, Subdivision 9 (C) to permit construction of a 1,000 sq. ft. accessory structure not to exceed a maximum height of 30', subject to the following conditions: 1. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 23, 1998). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate authority granted herein, and shall be punishable as a misdemeanor. I L'--'. ! 3. The imdersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of June, 1997. ATTEST: Dorothy M. Hallin, 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 23rd day of June, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Miimesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___ Notary Public ^ 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 4 of 4 r I’ /. TO;Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE:June 9,1997 SUBJECT: #2233, Walter Holzer, 1130 North Shore Drive West Variance —Public Hearing Zoning District: LR*1B One Family Lakeshore Residential District (1 Acre) Lot Area:39.700 square feet (.91 acres) Application: y^plicant is proporing to construct a 30*x40' detached accessory structure that exceeds the height of the residence. Originally, the applicant intended to use the structure for storage of vehicles and supplies used in his plumbing business. Pertinent Ordinances: Section 10.02,13 - Definitions, Building Height Section 10.24, Subd. 5 - LR-IB Area, Height, Lot Width and Yard Requirements Section 10.03, Subd. 9 - Accessory Buildings, B. Height Restrictions, C. Area Restrictions, 2 1I i §2233 WaUer Holier 1130 North Shore Drive West 6/16/97 Page 1 1 ANALYSIS Lot Area and Yards LR-IB District Standards Lot Area Lot Width 140 feet Front Yard 35 feet Side Yard 10 feet Rear Yard 30 feet Subject Property Lot Area and Yards 39,700 sq.ft (.91 acres) Lot Width 100 feet Front Yard 74 feet Side Yard 24.2 for residence 30 feet for acc. structure Rear Yard 30 feet The subject property does not meet lot area or width requirements for the zoning district. The proposed accessory structure conforms to setback requirements. Structural Coverage Total Lot Area 39,700 sq. ft. Total Structural Coverage 2059.6 sq. ft. Percentage 5.19% The principal and proposed accessory structures do not exceed structural coverage requirements of 15%. However, lots with less than 2 acres are limited to a m^mum individual accessoiy structure of 1,000 sq. ft. The proposed structure exceeds this size lirmt. (1,200 sq.ft.) »2233 WaUtrHolzer 1130 North Short Drive West 6/16/91 Page! Hardcover Distance from Shoreline Total Area in Setback 0 ’-75' 75 ‘-250' 250'-500’ 500’-l,000’16,250 sq. ft. (app) Existing Hardcover 859.6 sq. ft. (5.2%) Allowed Hardcover 5687.5 sq. ft. (35%) Proposed Hardcover 859.6 sq. ft. (5.2%) Variance Requested None The appUcanfs survey did not show the 1,000' setback ftom Jennings Bay. However, staff to .cimfL that the existing principal structure is entirely within the 1,000’ »ttok area. The proposed accessory structure is not located within the 1,000' setback area. No hardcover variance is required. STATEMENT OF HARDSHIP The appUcant has indicated that the zoning code restricts the flowed height of the structure because of the height of the principal structure. The pnncipal structure is 11 ft. 6 m. t height. r.riteria for Determining Undue Hardship The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 1. Any accessory building would have to be less than the height (>11'6”) of the pnncipal structure. The residence can continue to be used for residential purposes. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The landowner is restricted by: 1. The height of the principal structure. (1T6") 2. The size of the proposed structure exceeds the size requirements for the lot. (1,200 sq. ft. vs. 1,000 sq. ft.) 3.The variance, if granted, will not alter the essential character of the locality. However, the size of the proposed accessory structure has a larger foot print than the pnncipal structure. *2233 Walter Hotzer 1130 North Shore Drive West 6/16/97 Page 3 1 r I The variance for height will not change the character of the area. 4. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Originally, economic considerations were one factor because the applicant wanted to use the structure to store vehicles and equipment for his business. 5. Undue hardship also includes, but is not limited to, bado ’,uate access to direct sunlight for solar energy systems. 6. 7. 8. Solar access is not a consideration. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The Zoning Code does not allow for an oversize structure on the zoning lot to exceed 1,000 sq. ft. on lots less than 2 acre in size. Additionally, the height of the accessory structure cannot be greater than the height of the principal structure or 30', whichever is less. The height would be limited to 11'6". The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. There are special conditions that regulate the height of the accessory structure due to the height of the princip.il structure. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. The variance being requested is specific to the existing height of the residence on the lot and its architectural style. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. »2233 Walter Hobtr n30 North Shore Drive West 6/16/97 PagB^ 12. The variance for height is necessary to construct an accessory structure that exceeds the height of the principal structure. The granting of the proposed variance wiU not iii any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of thv ..onuig Code. The variance will not impair health, safety, comfort or morals. The granting of such variance will not merely serve as a convenience to the appUcant, but is necessary to alleviate demonstrable hardship or difficulty. The granting of the variance wili allow the applicant to build an accessory structure on the lot tlmt is greater in height than the principal structure. The proposed use of the accessory structure is a separate issue. 4. The zoning lot does not meet the lot area or lot wi«>i requirements for the LR-IB zorang district. The principal residence is 1T6 ” in height. The proposed accessory structure is larger in area than the principal structure. Topography is not an issue with the placement of the accessory structure. The proposed accessory structure meets side and rear yard requirements. The propos^ size (1,200 sq. ft.) is larger than what is allowed on a zoning lot less than 2 acres in size (1,000 sq. ft.). No previous variances have been requesls!:; ->n the zoning lot. STAFF recommendation To amend or approve a variance for a maximum height of 30' to construct an accessory structure no larger than 1,000 sq. ft. Attachments A Application B Location Map C Plat Map D Survey E Zoning Code Excerpt F Exterior Elevations G Floor Pl' s H Building Sections I Acknowledgment Forms H2233 Wi^lterHoher 1J30 North Short Drive West 6/16/97 Pages 1^ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 / (no change from original application) Variance for non-conforming stmctuies $22i After-the-Fact Fees (Double application fee) Application U 2^33 Date Received </- ^ *7 Amount Paid Mi ‘A h i'v I) PROPERTY INFORMATION SiteAddress jlT^p hlnPJTi^.^WhZt d^ZUS IfJ. Property Identification Number (P.I.D.). ___________ Attach legal description to application if not included on required survey. Date Property Acquired fT _____________________ I (do) (do not) also own the adjacent parcels of land. Present use of property: )C residential ___pother (specify)_________ Zoning District:_____________________________________________ (month/year) APPLICANT Name (Vf^tTtPCL Phone (home) Ul'^ ^.'(5*7 Phone (work) .^wir Address: A3C? ntLUt'=~ City:Zip: OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:. DESCRIPTION OF REQUEST Describe request in detail: ___ Estimated Construction Cost $ '7.0 000> c*" (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback: ___Front Other (specify) Side Hardcover Rr.-j Lot Coverage Average Lakeshore HARDSinP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ^nr\\Y\^ On^ f^r-hrjn ^ . ACCaeseoin^ ~SiAil<d>yt0<r --hg r>f _____ huil.'iiv^ 4?s 4V\a A 4K* pnnctpal <h^mchJLY^ is jpg>\ -fVYir^ 4k>e hC.V5*V)l- aP -VV\r TV\g. >>.5v i I REQUIRED SUBMITTALS All Af th, toiiowin. information IT"«> '■« submUted hv the anniication in order for vour applicarion to be COiDPl^tCi. 1. Completed Application Form 2 ---- Certified Property Owners List of owr^ers within 150', labels md plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). , . , ^ , 3. Certificate of Survey (signed by a licensed surveyor) and mcMe hardcover calculations as required. In addition, provide one (1) copy 8/^ x or reproduction. „ Topographic survey (existing and proposed elevation- ) if any changes m existing ■“ grade are proposed. In addition, provide one (1) copy x 11" for repr^^cUon. Sketches or plans of floor & elevation views (pro’Mde one (1) copy 8/2 x ll ). List of the legal names (include marital status) of all persons with an mterest in ---- the property. This would include name(s) of applicant(s) if not current owner(s). __ As an addendum to this application, ple^e attach a separate list of any other persons you wish notified of this application. __ Additional items as may be requested by City staff. 4. The Applicant and Property Owner must sign this application. Please rememl^r that yiuii: cnmniete if th^ahpve infom^fiQn has mt APPLICANT'S SIGNATURE ^ u .t. 7 „„ The applicant hereby agrees to provide all information required or requeste y ® ° ® Administrator, agrees to pay additional fees (staff Ume not covered by ^ and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to ^ best of his/her kno wledge. ____________________________ Date OWNER'S SIGNATURE , . ,, The owner hereby acknowledges and agrees to this application and funher authorizes re^o«abl entry onto the property by City staff, consultants, agents, Comimssion members, and Council members for purposes of investigation and j^fication of this request. Owner's Signature --------------------- Date ----------- Aonlicant must have all submittals into the City offices 25 days before the Plmning CoLission Meeling. Planning Commission Meetings ^ held on ^ month. Applicants must be present at all scheduled review meetings of the Plannmg Commission and Council. If an applicant is unable to attend a scheduled meeting, P make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office .of ^s chzmge pi'v^ to the meeting. 8 Lcx:(Pt^o^^ mp 2233 SIOor<a TVA/e. Wesf* r k' r ■VM ,^C|jtT^ICATE ^OF SURVEY LAND SUNVeYORS xv *foa^ f - —^ /y»/nt------------- ----------- ~TT~ ir~^V^g/r ^A/aA£^fV^t.-,± 1 ;j§ -^1 \ jt4UW^ ^ P%u* tT13 OU^OHT'AVINUt SOUTH •tOOMINOTON. MINN. SM20 •SS-30S4 |» MiL /0£7. r \% \ \ \- \I H ' Dwe/A^J % ’5f* /#iaB r •• r 1« omtoo 30 Il’ISSillll 5=^ =B S"“ a.^4D*«<D*^3r^rTQ> »3 SLq ^3 &=r 3 *• i2 3 (O'NjsiO rT• *«5.-* zxS-oRssssi-I^s;; 8r»SrT3•nar 3o«cifscootnevtw S z o -«i S.CT •“?S?S*5 o-5SgSZS2:'^83*-%^'' s«*»3mrl®0 0 rr— -iC®3'^*--«» Fo“=</.2,S3!^ • S — 2-*< 5 ^ ^ 2 2» “.Sr2«3So?;?c/1 r»ovi®3-«i_^Q 5S5-=*2.‘"a^S=* v< o < *-^ to • Z 3*m3® ® O ® :«»?♦® ® ® -1 </i ® z ® m ® 8^-* u» Ui ® rt ® 7 ® —fT*—^rT fT^ - —3®WlO._^^^ SSSa^SS'R ^2=S^§»^o |ii;8jffs 3 — rj® 2»r ’SJ-*rQ- rr 7 ^ ® O ®«< 3 ® a. ® 7 3 IM U» ® *< ®® r»•o «/»•• u» to S0*O7'4C ‘tV 2T/r2! toc -t< ® 01• • m 30 m 30 1 I .^1 *1 I - ^1 5S^Rc^^~?a3 3 r» 7 — rT |0 o -<l ® S*^o 3 !Io 5 S»2.FS?=S.?« ®07c^ZrT»~" 2.» 7 ® 7 3 O 3 ^ D»O®«o®®*^0 ^ r<* 3 r* 9 r»30®*POrN3_7 O 3 ® n O -<l- ^ _ 3 zwc 3 «o rsMo n <0 O CT ® Afcrj 35oSi.R S ■§ ® ^ rT We hereb^certlfy'ttat this 1$ a true and correct representation of ■ su'"'[«y boundaries of the land above described and of the location of all buildings. If any, thereon and all visible encroachments, if .any, from or on said land. J)ated this ?ath day of ortnhpr ,19^» -\ /^ y ^_ , y /rl' "■ ‘^^''^■’enso No. 9010/ by yo^tr ./ . ^^^^lnnesott4.lcense No, 3//-4C r •M:V "J»\/ .1V ‘ \ .N ■) ■••' _.^ , - .. . **:•<) •;. .:j s 10.03Tjif .1 '-Ci-* — T>i»«««>» i» 4.^-* -I Building Per Lot. Except in the case ofPlanned Residential Developments as provided for hereinafter, no more than one principal building shall be located on a lot except new principal structure is being constructed. Such permit shall be ® ^ months, any extensions must be approved by the City and shall expire upon issuance of a certificate of occupancy for the new structure and such structure removed. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 .. Streets. Each lot shall face on apublic street or appropriate private easement. Subd. 9. Accessory Buildings. 1. -1^* . of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. the "R" District-shL^i^^L^Vhe^trgh; nor shall an accessory building exceed 30 feet in height. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 C. Area Restrictions. m all «R" Districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: # Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of foot- area in excess of 1^000 square feet# except that the following pon-roofed accessory structures which exceed 1,000 s.f. footprint area are not considered as "Oversize Accessory tructures , but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D); - Tennis courts Pools, when pool basin structure (excluding non- encroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas ORONO CC 255 (4-1-84) r § 10.03 Subd. 7. One Building Per Lot. Except in the case of Planned Residential Developments as provided for hereinafter, no more than one principal building shall be located on a lot except that staff may issue a permit to use a manufactured home that shall meet all required setback standards or an existing dwelling while a new principal structure is being constructed. Such permit shall be issued for a period of 3 months, any extensions must be approved by the City and shall expire upon issuance of a certificate of occupancy for the new structure and such structure removed. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 Subd. 8. Lots to Face Streets. Each lot shall face on a public street or appropriate private easement. Subd. 9. Accessory Buildings. A. Time of Construction, No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. B, Height Restrictions. No accessory building in the "R" District shall exceed the height of the principal building, nor shall an accessory building exceed 30 feet in height. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 C. Area Restrictions. In all "R" Districts no accessory building shall exceed 1,000 square feet of footprint area except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: 1. Not more than one Oversized Accessory Structure (OAS) shall be permitted on any property. An "Oversized Accessory Structure" is defined as an accessory structure of foot print area in excess of 1,000 square feet, except that the following non-roofed accessory structures which exceed 1,000 s.f. footprint area are not considered as "Oversize Accessory Structures", but are subject to the special setback restrictions of Section 10.03, Subdivision 14 (D): - Tennis courts - Pools, when pool basin structure (excluding non encroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas ORONO CC 255 (4-1-84) r § 10.03 2. Oversized Accessory Structures regulated by the following table: are Lot Area Maximum Individual Accessory Structure Footprint Area Maximum Allowed Total cf All Accessory Structure Footprint Areas* on a Property 0-1.99 acre 1,000 s.f.2.000 s.f. 2.00-3.00 acre 1,200 s. f.2,400 s.f. 3.01-3.50 acre 1,400 s.f.2,800 s.f. 3.51-4.00 acre 1,600 s.f.3,200 s.f. 4.01-4.50 acre 1,800 s.f.3,600 s.f. 4.51-5.00 acre 2,000 s.f.4,000 s.f. 5.01-6.00 acre 2,200 s.f.4,400 s.f. 6.01-7.00 acre 2,400 s.f.4,800 s.f. 7.01-8.00 acre 2,600 s.f.5,200 s.f. 8.01-9.00 acre 2,800 s.f.5,600 s.f. 9.01 acre or more 3,000 s.f.6,000 s.f. * Excluding non-roofed tennis courts, pools.paddocks, a 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30' from the side or rear lot line regardless whether less strict principal structure setbacks apply. b) The maximum height for such accessory structure shall be 30' or the defined height of the principal residence structure on the property# whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: i. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized ^ iccessory structure may remain without a princxpal structure, in >rder that a principal structure may be constructed. At the end or is time period the oversized accessory structure must be removed no principal structure has been constructed. ORONO CC 255-1 (8-14-89) r § 10.03 ii. If the propertyis subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. iii. In subdivision approval, the setback required for the oversize accessory structure as defined herein shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 D. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street, accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of Section 10.23, Subdivision 6 (B), Section 10.24, Subdivision 5 (B) and Section 10.25, Subdivision 6 (B) except that detached garages may be located 10 feet from the street or rear lot line when doors face away from the street and a turn-around is provided on site. This section shall net apply tc lakeshore lots divided by roadways or corner lots. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 1. Location of Principal Building to Lakeshore. No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. 2. Variance From Lakeshore Setback. Any application for a variance from the requirements of Item 1 above shall be referred to the Minnehaha Creek Watershed District for its approval before final action by the Council. Source: Ordinance No. 155 Effective Date: 2-14-74 ORONO CC 255-2 (4-1-84) fTT iw-r lurflM#* 71 fSMil/4^ MlNN^f(9NKA Vtefm. INC. so W. 75lh. 5t.. Suite 210OuritjttMn. m 1EtC6l2) 9M'7440PAX<6I2) 954-450S W/M-TKie HCPUZCR laiMW ii^ Ncm {Has PBve we9f atLytm MOM7.MN ‘■mi fUMIO Jt^u-.arrr-r —vj:.- -r>T7r.--. .f;r.ir v-au^-i — i;cr3--'«mPLg-~iT-- »•L IT * fL 9 1u JL 4*-#* JL r-f f iWMyriw.—i 4 %. - CMC. MV \ <?^ aMio / -V •-V A :\ ''.- f'H: • N * j>i>i' 'j ^ << lyNiA I \ 1 r H V" . '‘■i. mcjmkmB95rni^oc. wmMmftM uMuammiMWH *-^aratYwraiMK f/a^dr.fp. B«ja iEfPT ■-if■-43 ■-2X]* (R-#4f)■-!■ putPi^ secti ON 5C^V^-t' PUNN9.O0BOM Vi ■■ * ■ r FAl^AA'i A'A^A'A'A cmat I ^ocnc.*j0tu3aifm<viaaPM€9mm PU47I^ SECTION »Oi5/a^-r »4raU0«^C?£.mcw3Snmt5mj^o£, pMorMriM SaStgwwoMWtYVWWW f^iwf-ror.iP. MBnAcrui B*4IR*50 i-J6 ‘F935 rrA’A'A^ WQiom jSS»r atisaaB,_ MWXi R-^a i«#a (R-«^ t^rui imkR Si flMi 1/r ^MDiXiafi • r <r oc nr 1.^.K.«**o»c.iu. R<.^CCNC.Il^at7*xu*G0Nc.pia. nmw^QOfiOH "[j m S L ■" .' 1 Adjacent Property Owners' Acknowledgement Form I (we) ^ m ^ ^[print name(s)] ofaJoiltH Siwzg. |Q/L.u3» . [print address] ^ ^ have reviewed the plans for the proposed improvement or proposed use of the property located at [l30 lacgtM $:La«<6- Pgal^o.referred to as Land Use Application No.________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. PifojIertyMDwner Date a Property Owner H-3.1 Date ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦***************************************♦♦♦♦♦♦♦♦♦♦♦ _______of FAirU(f*x>j ;g.nttn V C [print address] )|7tr dOtJ.lV-y llO I (we) NA/ » b prrA [print name(s)] have reviewed the plans for the proposed improvement or proposed use of the property located at _____also referred to as Land Use Application No._________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and tlmt the proposed neighbor’s project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. 9 5 OOUNCILMEEnNQ 'JUN 2 3 REQUEST FOR COUNCIL ACTION CnYOFORONO Date: June 18,1997 Item No.: Department Approval:Adminbtrator Approval: Name: Michael P. Gaffron Title: Asst. Planning & Zoning Administrator ^ Agenda Section: Zoning Item Description: #2240 Jim Waters/LGA Investment Group, XXXX Wildhurst Trail - Sketch Plan Review for Proposed Subdivision 2Loning District: LR-IB Single Family Lakeshore Residential, 1 acre, sewered (13 ac.±) RR-IB Single Family Rural Residential, 2 acre, unsewered (15 ac. ±) Total Area = 28 ac. ± Application Summary Applicant is proposing a single family residential development of 28 acres adjacent to and just north of die Saga Hill park properties. Four concept plans have been submitted to date, each with slightly differing densities and layouts. Planning Commission reviewed two initial concept plans at their May meeting and two additional sketches at their June meeting. Planning Commission's comments are outlined below. The Park Commission also reviewed this after their park tour on June 2, but did not reach a conclusion as to whether land dedication or a park fee would be appropriate. This is being brought forward to Council at the sketch plan stage because each of the development concept plans proposed will require some or all of the following: Rezoning certain parcels from RR-IB (2-acre) to LR-IB (1-acre) MUSA amendment to allow extension of sewer Comprehensive Plan Amendment CUP for Planned Residential Development (PRD) Please review the memos and exhibits of June 11 and May 16 for a more comprehensive review of these issues. List of Exhibits A - Concept Plans 1,2,3, & 4 B - Memo and Exhibits of June 11,1997 Planning Commission Comments After reviewing the first two standard plat concept plans in May, Planning Commission suggested that applicant develop additional concepts using clustering to assist in preserving areas adjacent to ; f f #2240 June 18,1997 Page 2 3 & 4 were reviewed at the June meeting, and both require rezoning, MUSA/Comp Plan amendments and provision of municipal sewer. Planning Commission’s general comments included the following: If developed, the property needs to be sewered; i.e. there is general support for a MUSA amendment PRD is Justified in order to preserve open space by clustering A majority would like to see something in the range of no more than 15-20 units; the 28 umt plan was generally not embraced due to the density; a mixed reaction to re^rung, but members generally felt there is no logic to the zoning/MUSA boundaiy as It currently exists in this area; rezoning will make for a more logical subdivision Some support for trails through site or at least connecting to park Much support for preserving/dedicating open space adjacent to park land Support for some restrictions on what can be done to trees and ponds Concept Sketch 3 was agreed by the majority to be the best of the 4 proposals Comparison of Concept Sketches 1-4 # of Lots Average Lot Size (Approx.) Typical Lot Width Dedicated Open Space Approvals needed: R=Rezoning S“Sewer Mc=MUSA/Comp Plan P=PRD/CUP Sketch 1 17 1.4 ac. R, S, Me Sketch 2 16 1.6 ac. Sketch 3 0.97 ac. S,Mc R, S, Me, P Sketch 4 0.35 ac 5 ac. (plus 8-10 ac. of'Common') R, S, Me, P L #2240 June 18,1997 Page 3 Staff Comments ^Recommendation This property requires municipal sewer in order to develop at the existing zoned densities, due to preclude the use of septic systems on much of the site. Sewer is available m Wildhurst Trail. Open space preservation and forest preservation are critical at this site due to its proximity to the pwk iMd. The proposed PRD concept plans appear to aid in such preservation; topography i added factor that supports development here via PRD.IS an Rezoning to a 1-acre standard should only be allowed in conjunction with a PRD here. This will allow the City to control the density and number of lots. The property can probably be developed without a rezoning if the 2-acre zoned parcels are allowed to be sewered at a 2-acre density (Concept Plan #2). However, Plan #2 only accomplishes this by routing access through the park, which should be avoided if possible. A future potential connection to West Branch Road is advisable for traffic circulation and public safety reasons, given the length of Wildhurst Trail with no secondary outlet. Council Action Requested Provide apphc^t with general direction prior to his proceeding with a formal preliminary subdivision application: . What overall density will Council find acceptable? Which if any of the presented concept plans is acceptable? Will Council support a rezoning and/or MUSA & Comp Plan amendments as needed? Does the degree of open space preservation as proposed meet with Council's goals for this area? Will Council allow the development of this property via PRD? Address any other development items that will give applicant direction as to how to proceed. 7 ' \\\\\ r \\\» \ ' H Ml ill • • 1 \\ i\i "iSwlW ' S > _y wm I nnli ‘ \•-4I / / , a'/fir jmf 11 11 ll'I " 1/ Vnl- / '•sar; ■ ^ iiii W/^?F)'r JO-45*30*i • f n ,y . / // // / -)»slj //, H to -* O > > rj o o ^r-ro o •H *H C/) O) ^•▲-j^.^.a«4^coa)*^o)Cji>ucA>ro«-^]r* o) cn ^ oj to -4^ o ? ? .4 1jjIS;U\] 0 1 *»HI 1 Slji j?85 ¥1•S’im 8 *Si ^ yj to 2 r ?Q^ O M , ill*'' i -Ps - M /. s oH > J31 7 ? ii jlSjml ilk ||3| I3I?1 !H|: -I I )- m I«4 •A ^ - igO ® 4 a« 1 r-I •; *1^ is 9t C > So s i;o I -3 zo %z 1*1zV, o § > ? « c Z 1^^ zm (0 H Sm o> ozoc *0 cz <» Zo «• T' Zt rr I 7- • 4 oo r «/ 1 fT om o H a H Q O - 51 w P 5*Ml Z H O X m H JHHL i f •7- To: From: Date: Chair Lindquist and Planning Commission Michael P. Gaf&on, Asst. Planning & Zoning Administrator —' June 11,1997 Subject:#2240 Jim Waters/LGA Investment Group, XXXX Wildhurst Trail - Sketch Plan Review for Proposed Subdivision - 2 Additional Concept Plans Zoning District: LR-IB Single Family Lakeshore Residential, 1 acre, sewered (13 ac.±) RR-IB Single Family Rural Residential, 2 acre, unsewered (15 ac. ±) Total Area = 28 ac. + List of Exhibits A - B - C - D - E - F - Letter from Schoell & Madson 6/11/97 Concept Sketch 3 Concept Sketch 4 Planning Commission Minutes of May 19,1997 Zoning Code Section 10.32 - PRD Planned Residential Development Memo & Exhibits of May 16,1997 This item was tabled at your May meeting so that applicant could submit additional concept plans which address preservation of open space and woods, perhaps via some single family clustering, as well as a number of other issues raised by Planning Commission. Applicant has submitted two additional concept plans. Concept Sketch 3 includes 19 lots averaging 0.97 acre in area and 140' width, with a 3.8 acre open space outlot adjacent to the park area. This sketch also contains a number of'undisturbed areas' around the perimeter. This plan avoids developing some of the more difficult steep slope areas. Concept Sketch 4 provides for 28 lots averaging 80' in width and typically around 1/3 acre in ar^ This is a linear clustering effect, leaving significant long, narrow blocks of open space along the north and south boundaries of the property. As noted by applicant's engineer, both sketches include a corridor for potential future road connection to the north. This will potentially provide for better emergency access and general traffic circulation, given the potenUal 3/4 mile length of Wildhurst Trail with no secondary route in or out. Both concepts would require municipal sewer, MUSA boundary amendment. Comprehensive Plan amendment, and rezoning. Both would have to be reviewed as Planned Residential Developments (PRDs) per zoning code section 10.32. Neither plan provides a secondary, northerly access to the park land, and neither provides potential access to the Hennessey lot from the north. On the plus side, this yields less potential negative 1 H n ■i. 1^' :?• r-:•i: - hV t #2240 - Waters Sketch Plan June 11,1997 Page 2 impacts on the park. On the minus side, it yields less flexibility as to options for accessing the park or Hennessey properties. Staff ha. ♦ound no additional clues as to the reasoning behind the current MUSA boundary, except that it matches the zoning district boundary created in 1975. Staff still believes that this group of properties can only be developed to the currently zoned densities if sewer is provided. Applicant should define the type of housing envisioned for each of the concept plans. Both are single family home oriented, but the smaller 80 ’ wide lots of Sketch 4 provide less flexibility in design. Park Commission Review The origmal concept plans (1 and 2) were reviewed by the Park Commission at their June meeting. While no concensus was reached as to whether land dedication should be required as opposed to a park fee. Park Commission did encourage the use of clustering to preserve blocks of open space. Staff Recommendation Planning Commission should review the 2 new concept plans and provide applicant with direction regarding: - Whether proposed overall density is acceptable - Whether proposed general lot layout and sizing is acceptable - Whether Planning Commission would support a rezoning and MUSA/Comp Plan amendments to accomplish either plan ■ Whether the open space preservation as proposed meets with Planning Commission’s goals for this area - Any other development items that should be addressed Note: This item will be presented to Park Commission again at their next meeting, and also will be scheduled as a sketch plan for Council review at its next meeting. Schoell Sl Madson, Inc. Engineers • Surveyors • Pisnners Soil Testing • Environmentsi Services 105B0 Wayzata Boulevard, Suite 1 Minnetonka. MN 55305-1525 Office B12-54B-'7B01 Fax B12-54B-SOB5 June 11.1997 Mr. Mike GaffTon Assistant Planning & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Subject Dear Mike: received JUN 1 1 1997 CITY OF ORONO Highview Lane Site LGA Investment Group Inc. Enclosed are three copies each of concept sketches 3 and 4 for the Highview Lane site. One 11 “ x 17" reduction of each plan is also enclosed. These are submitted for concept plan review. Concept sketch 3 consists of 19 lots with a minimum lot width of 140 feet This also shows a 3.8 acre open space area on the steep slope adjacent to the park and an outlet on the east side which is intended to be a common area shared by all lots. The plan also shows rear lot areas which are to be left undisturbed. The average lot area is 42,300 square feet. Concept sketch 4 consists of 28 lots with a minimum lot width of 80 feet This concept is intended to show a clustering of the units with large areas of park and common open area which would, in general, be left undisturbed by development This development would have a homeowners association responsible for all exterior maintenance. Both plans show right of way for a street connection north to West Branch Road. Both concepts are dependent on extension of municipal sanitary sewer. Piease contact us with any questions. Very truly yours. SCHOELL & MADSON. INC. KEA/cj cc: Jim Waters, LGA Inve: *ment Group, Inc. Kenneth Adolf ©vor ^0 ©er-^ucce Affirmative Action Equal Opportunity Employer I! » ■ ! MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19.1997 (#16 - #2239 Jim Waters - Continued) Gafifron noted the foUowmg areas requiring direction: 1) Garden Lane is a public right* of-way so would become a public road; 2) the public road would extend to the cul>de-sac as it is in a sewered zone; 3) drainage and grading would require the applicant to work with the Chy Engineer and Schoell and Madson and conrider ofif-site ponding requiring permission from the MCWD. Ga£B*on said there were no designated wetlands on the property. The lots would use private wdls. The developer would pay to run sewer to the lots in addition to connection charges. Drainage easements would be required. Paik impacts require discussion. GafS-on questioned how access is to be gained to Hennessey property. McMillan suggested a private driveway. Gafifron indicated this option may not be appropriate as it would require going throu^ the open space. A possible sw^ of land has b^ suggested as a way to solve the Hennessey lot problem. McMillan asked that the sketch plan be reviewed by the Park Commission. Gafifron was informed that the Planning Conunission had no concerns with the subdivision as proposed. (#17) #2240 JIM WATERS, LGA INVESTMENT GROUP, INC., WILDHURST TRAIL - SUBDIVISION/SKETCH PLAN REVIEW Jim Waters was present. Gaffron reported that this proposal includes three groups of property, the Van Sloun, two Sollner lots, and Morgart property, totaling of 28 acres. A portion of the property is zoned LR-IB, one acre, and a portion is zoned RR-IB, two acre. The MUSA line follows the zoning boundary. This presents an issue with possibly chan^ng the comprehensive plan to change the two acre to one acre zoning and the need for a MUSA amendment for sewering the two acre properties. The proposal calls for a 17 lot subdivision with 1*1/2 acres average per lot serv^ by an extension road from Wildhurst Trail. The proposed road would extend north and west, with a driveway serving the back of a few lots. Gafifron indicated it could be argued that this would result in through lots with two parallel roadw^ and requiring a conditional use permit for accessory structures. The use of Highwood Lane to Garden Lane and Wildhurst is not a safe access option due to steep slopes. Gaffron indicated that the lots generally meet the 200* lot width requirement for two acre zoning. At an average of 1-1/2 acre lots, this would place a large number of homes in an area where homes have not previously been located. They would also be located near the paric land and might possibly change the nature of the park. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON MAY 19, 1997 (#17 - #2240 Jim Waters - Continued) Another issue is the length of the road ^stem. There would be one way in to the homes with no additional way out creating a possible public safety issue with the cul-de-sac and Wddhurst greatly exceeding the 1000' limit. There is a possibility for a connection to West Branch, though it is not the applicant's intention. If this connection is not permanent, it possibly could be used by emergenqr vehicles. There are also topography issues to consider. Lindquist questioned why the need for a long driveway with parallel roads. Gafifron said it was due to the steepness of the property. Waters indicated that he and residents would not desire front waUc-outs. A change would require retaining walls and loss nf trees. Aesthetically, this proposal would give the impression of traveling down a country lane as the homes to the south would not be viewed until you swing southward. It would also give the impression of two acre zoning according to Waters. Lindquist asked for comments regarding a road to West Branch. Waters referred to drawing C-2. This option shows a development not requiring rezoning. While it proposes the development accessmg through Garden Lane or K^view, it does not address the issue of the passive park and low traffic. Waters says drawing C-1 addresses these issues wWle maintaining the country feel of the property. He noted that Wildhurst access would increase the length of the cul-de-sac by 1800'. Waters said an approach from West Branch would be satisfactory if a lot is not lost. He indicated he would provide an easement. If service vehicles are an issue. Waters said it would probably require a hard road surface. Waters said it could become a service lane only. A gravel road could be used down Garden Lane to serve the Hennessey lot. Lindquist noted the problem with both one acre and two acre zoning. He felt establishing all one acre zoning might not be accepted by the neighbors. Gaffron indicated the re zoning would change the number of lots by only one lot. He indicated the zoning change would be sewer driven, not neighborhood driven. Gaffron said it was his opinion that the property is undevelopable with septic ^sterns as there are linuted rites. He feels it is logical and reasonable to bring this property into the MUSA and not change the zoning. McMillan said she would consider possibly exchanging lots but did not feel it would be a good policy to do as suggested. She inquired what the gain would be. Gafifron said the gain would be the ability to develop the property. He noted lots 12-17 (Van Sloim and Morgart properties) without sewer are not buildable. If changed to sewered lots, there would be 4-5 lots on the Sollner property, possibly two on the Van Sloane property, 2-3 on the Morgart property, with three additional lots to the east. Schroeder noted that this assumes the Met Council will agree with changing the MUSA line. r minutes of the orono planning commission MEETING HELD ON MAY 19,1997 (#17 - #2240 rim Waters - Continued) Waters indicated that drawing C-1 was not relevant but C-2 is rdevant. The issue then becomes sewer. He suggested a communal septic ^em. Gafifron informed Waters that he did not believe the City would approve that scenario. M<Millan said she is concerned with increaang the density. G^on ag^ that the number of lots have been increased to 21-22 lots. McMillan did not beheve the Council would recommend adding the property to the MUSA. Hawn asked the applicant if he would conader clustered housing noting it would create m expanse to the park land and still allow for expensive housing. Waters questioned whether people would purchase tins type of housiiig. He noted h would still require modificauon to the MUSA. Chris Morgart, noting the history of proposals over the ye^ for the properties, said the MUSA boundaries currently do not make any sense. He did not believe the added housmg would increase the drainage to the ravine. Gafifron stated that the key to this application is a change to the MUSA. John Hasselbalch, Realtor, noted problems with a roadway to the park land. He felt it was logical to make the lots one contiguous development winding down Wildhurst Trail. The land to the east is steep. Access to the west would require condemnation and there are no plans for access to the north. He noted the Morgart property is cut off from access to the north because of wetlands. McMillan asked if the sewer units are avail^le. Gafifron said tl.'e capacity or number of units is not the issue if the MUSA change is iq)proved. Berg questioned whether there is the potential for the Met Council to approve such a change. Gaffron indicated there was as it is based on merit. Gafifron suggested the prpperty be visited during the Park Tour. Gappa said he would make that arrangement. Schroeder and Smith said they both would like to see clustered housing. The application will be reviewed by the Park Commission on June 2. Stoddard asked for additional information r^arding history of the MUSA. The application will again be presented for review on the Planning Commission's June 16 agenda. « \ § 10.31 p There shall be no setback exceptions permitted ::“1'. «..su building is being replaced by a "®“ addition, remodeling and/or rr$a5uf °b5ilXl°^Xn^t ‘hes%”s\\l°aVfonl:^^he"^n\l*U^^^ conform to all _ required setbacks, H The exceptions authorized by this Subdivision =ioT'L« ,“h\\"d«Jnf bln"d\y "h^^ other zoning or building code performance standard. Subd 19. Future Amendments. The regulations adopted by this Section represent an and to solve the unique Problems relating to historic pl^ln\^ial"gra”nted to property ^'ift^^flht^grant^ remain subject to future modification by the City. Source: Ordinance No. 246 Effective Date: 1-13-83 SEC. 10.32. PRd) planned RESIDENTIAL DEVELOPMENT. Subd.^v^Purpose This plan 3Wa"rd fiiTfed4vi4ers-STlHT^t to Council approval, as olan is subdivision of land- ^ preservation of to enhance the appearance °f neighborhoods throngcongestion natural open spaces, to oonnteract t neighborhood design,and monotony, to provide oohesive structure to ne^^^ to offer recreation opportunities close to nome, improving the welfare in general of City residents. Subd. 2. Submission of Plans. . °'^”®^\iierence'”t^ land subdivision plans for any "R" provided that minimum lot size requirements for each building ' ^ shall not the total number of building lots, or itjXe under the exceed the number-.of such lots or units districtsminimum lot size requirements of the zoning district or distr in which such land is situated. ORONO CC 330 (4-1-84) S 10.32 Subd. 3. Council Disccetion. The dwelling units permitted may be, at the discretion of the Council and subject to che conditions set forth by the Council, in detached, attached or multiple family dwelling structures; subject to the limitations provided for in each zoning district. Subd. 4. Open Space, Etc. The dedication, ownership, use and maintenance of open spaces created by the application of the Planned Residential Development shall be subject to conditions deemed necessary by the Council to assure the preservation of such open spaces for.their intended purposes, Subd. 5. Dedication of Open Space. The dedication and ownership of such open spaces may be through: (1) Homeowners Association; (20 Landlord Maintenance; (3) Special Service District; (4) Municipal Ownership; or (5) any other method deemed appropriate by the Council to accomplish the purposes of this plan. Subd. 6. Site Plan. The proposed site plan, including location, spacing and basic design of proposed buildings, street and parking plans, water and sewer (public or private) plans, and plans of open space available for park or recreational purposes, shall be submitted for approval by the Planning Commission and the Council. Subd. 7. Hearings. The Council may direct that a public hearing be held to review such plans. Subd. 8. Final Approval. Final approval shall not be granted until all conditions set by the Council are met; and, further the Council shall not approve any such Planned Residential Development prior to the legally binding establishment of the open space dedication, ownership and maintenance provisions, such provisions to be guaranteed by bonding or other means satisfactory to the Council. Subd. 9. Subdivision Requirements. All provisions of subdivision procedure established by the City Code except as modified herein above, shall govern applications under this plan. Source: Municipal Code Effective Date: 9-14-67 (Sections 10.33 through 10.39, inclusive, reserved for future expansion.) ORONO CC 331 (4-1-84) r /7- To: From: Date: Subject: Chair Lindquist and Planning Commission Michael P. Gaffron, Asst. Planning & Zoning Administrator May 16,1997 #2240 Jim Waters/LGA Investment Group, XXXX Wildhurst Trail - Sketch Plan Review for Proposed 17-Lot Subdivision Zoning District:LR-IB Single Family Lakeshore Residential, 1 acre, sewered (13 ac.±) RR-IB Single Family Rural Residential, 2 acre, unsewered (15 ac. +) Total Area = 28 ac. + Application: Applicant has filed a sketch plan for a seventeen lot subdivision involving 8 to parcels comprising approximately 15 acres located within the RR-IB zoning district and 13 acres in the LR-IB district. The purpose of the review is to consider the seventeen lot plan that includes a long cul-de-sac road, a short cul-de-sac extension, and a private driveway to serve 4 lots. Planning Commission should review the pertinent sections of the Subdivision and Zoning Codes to determine whether the subdivision conforms to requirements of the Code, as well as to the City's park plans for the area. The following ordinances are pertinent to the review: Pertinent Ordinances 1. 2. 3. 4. Section 11.10, Subdivisions 6,7 and 8 - Purpose of sketch plan review. Section 10.24 - LR-IB zoning district standards. Section 10.28 - RR-IB zoning district standards Section 10.56 (Shoreland Regulations) - Specific section.^ are as follows: A. Subdivision 16 (G) - Steep slopes. B. Subdivision 16 (J) - Topographic alterations/grading and filling. C. Subdivision 16 (K) (1 -5) - Stormwater managemv nt. D. Subdivision 16 (L) - Hardcover limitations. E. Subdivision 18 (A-D) - Subdivision/platting provisions. List of Exhibits A - Application B - Location Map, Including Park Properties C - Applicant's Sketch of Proposed Subdivision ^2^ D - Sewer E - City Engineer Tom Kellogg Letter 5/15/97 F - MUSA, Zoning & Shoreland Boundary Maps • <\ #2240 - Sketch Plan May 16,1997 Page 2 Overview of Proposed Plan Applicant has accumulated a group of 8 individual parcels located at the north end of Wildhurst Trail and north of the newly acquired Saga Hill park properties. The parcels comprise a total of approximately 28 acres of land, most of which is north-facing wooded slopes. These are typically steep slopes, ranging from 15-25%. Preliminary indication is that there are no bluffs. Topography is a primary limiting factor in the design of any subdivision of this property. The property is partly within the MUSA and partly outside it (Exhibit F). The MUSA boundary matches the zoning district boundary in this area. Municipal sewer exists at the north end of Wildhurst Trail; however, the properties outside the MUSA are not cuurently eligible for provision with sewer. Sewer is critical to the development, however, since the steep slopes will undoubtedly prohibit septic systems on most of the site. The development would require private wells. Zoning of the site is a mix of 1-acre and 2-acre zoned parcels. This presents the need for a rezoning if the development goes forward, since applicants proposed plan (Concept Sketch 1) includes proposed lots of less than 2 acre area within the 2 acre zone. Concept Sketch 2 is a 16-lot concept that shows how the current zoning densities could be adhered to if necessary. Review Comments 1.Zoning. The zoning boundary in this area was apparently defined in 1975 when the zoning of a majority of the City was converted to 2- acre from the pre-existing 1 acre or 1-1/2 acre. At that time the properties to be included in or excluded from the possible sewered zone were defined. Staffhas not found a record ofthe rationale for the boundary as defined. However, the 1980 Comprehensive Plan contains definitions ofthe MUSA boundary that specifically match the zoning boundary between the 1 and 2 acre zones in this area. Planning Commission must first determine whether it is appropriate to rezone the 15 acres currently zoned RR-IB to LR-IB. Possible rationales for such a rczonipg might include: Conclusion that an increase in development density will not be out of character with the surrounding neighborhood - Conclusion that an increase in development density will provide needed additional tax base - Conclusion that an increase in development density will allow for creation of affordable housing or other housing types the City concludes are appropriate - Conclusion that an increase m development density will allow for clustering or other non-standard development methods that help preserve open space, perhaps via developer incentives through a Planned Residential Development (PRD). Note, \i I #2240 - Sketch Plan May 16,1997 Page 3 2. 3. however, that Orono's current PRD ordinance (Section 10.32) does not allow for such density increases... Rezoning will require a concurrent amendment of the Comprehensive Plan. MUSA. As noted above, the MUSA boundary was established at the time the Comp Pl^ was adopted in 1980, based on 1975 zoning boundaries. The City has rarely revised the MUSA boundary since then, except to accomplish the retrofitting of existmg neigh^rhoods with sewer where septic systems were failing. The notable exception is Sugar Woods, where the City allowed rezoning from 2-acre to 1-acre adjacent to the Long Lake commercial district, primarily to preserve trees by avoiding clearcuts for mound-type sepUc systems, but also to avoid a potential annexation. Arguably, sewer could have been provided for a 2-acre development density. It has long been staffs contention that due to septic system limitations imposed by steep slopes, the applicant's properties likeiy would requite sewer in order to develop them, es^ially the Motgart 10-acte parcel (See Exhibit B). This will require a MUSA The City would have to gain Met Council approval for such an amendment. It is unclear at this time what difficulties this might entail. The Met Council has in the ^t taken a >“S ^ glowing view of Orono's rural residential development policies. A MUSA ^endment tha preserves open space or provides affordable or lifecycle housing would likely receive a relatively warm reception. Sewer availability. Municipal sewer is available in Wildhutst Tral. proposed additional 17 units is available. The developer would bear the cost »f histallation, any lift station upgrades that might be necessary, “d 'Tmoiect currently established at $7,445 per unit ($225 base umt charge, $4750 1970 LS-> Pr^“t charge, and $2470 LS #10 Bypass charge). Credit for previously assessed umts, if any, be subtracted from this. Rnad lavout. The proposal calls for a linear roadway extending 1800' westward from the end of Wildhu^ Trail, ending in a cul-de-sac, with an additional 600' d"veway servmg ^ on Lots 14-15-16-17 to allow standard walkouts rather than front-walkouts. The result is tlw Incomes essentially a 4,000' dead-end road, with a few side cuWe-sacs bm with no secondary access. The subdivision code limits cul-de-sac lengths to 1,000 although there are quite a few in the rural area of 1200-1500 in length. From an emergency services standpoint, Wiidhurst is already a potential problem and the current proposal makes it significantiy worse. The City has attempted to define access ^ibilities for the Saga Hili area. The western strategicaliy near a potential future connection to West Branch Road, alffiough would be needed as well as a reconstruction of West Branch Road for this to be feasibie. ti ' ■ #2240 - Sketch Plan May 16,1997 Page 4 One possible option to consider is provision of an "emergency access" to the north. If some way could be developed to make this a functional passageway for emergency vehicles without having it become a public traveled roadway, the emergency access issue might be satisfied, although the assumed goal of providing a reasonable transportation grid is not furthered. Ultimately, the City must consider whether a future connection of Wildhursi to West Branch is appropriate, both from safety and transportation perspectives. Note again that due to steep slopes, access to Lots 14-17 is from a driveway rather than the road. While these lots all would have the necessary frontage widths on the road, their driveway entrances would be from the rear to allow for rear walkouts. Orientation of virtually all lots except Lots 12 and 13 is intended to provide for rear walkouts. Please also review the comments of the City Engineer in his letter of May 15. He raises a number of safety concerns due to the proposed design and location of the site. 5. Lot standards. The majority of the proposed lots not only meet the LR-IB 140' width standard but also appear to meet the 200' RR-IB standard. Also, all lots in Concept Sketch 1 meet the 1-acre area standard should rezoning be accomplished. The average proposed lot size is 62,100 sf or 1.43 acres. Note that Concept Sketch 2 shows how the 2-acre standard could be met with a 16-lot subdivision, the average lot size being 68,700 sf or 1.58 acres. The above figures represent a subdivision that requires a number of road design variances. If the road is brought into conformance as to curve radius, number of units served by a cul- de-sac or private driveway, etc. the lot sizes or number of lots may change (See Engineer's letter). Applicant should define whether any existing residential or accessory structures on the property are intended to remain, and ensure that those structures meet appropriate location standards. 6. Grading. Per the Engineer's comments, grading, drainage, erosion control, street and storm sewer plans will have to be prepared by the applicant once a suitable layout for the site has been achieved. 7.Access to adjacent/nearbv properties. The proposed layout provides some opportunities for access to adjacent properties, but raises questions about others: - The westerly cul-de-sac abuts the City park property, affording a potential opportunity for northerly access to the park. - The private driveway along the south side of Lots 15-16-17 could be extended southward in Garden Lane to serve the Hennessey property if the City does not find r #2240 - Sketch Plan May 16,1997 Page 5 ! ! another resolution to that access need. However, such a driveway extension would not only bisect the 'natural area' portion of the park, but would be extremely lengthy and from a public safety standpoint, is not an appropriate option. 8. Impagt 9D park- By virtue of proximity, the proposed subdivision is not necessarily compatibie with the adjacent open space park area. The driveway segment behind Lots 15- 16-17 places their access next to the natural area, rather than leaving a backyard-type buffer which is prevalent at virtually all other areas surrounding the park land. Placement of homes near the south lot lines as shown on Lots 1-14-15-16-17 does not tend to complement the park but rather diminishes its open-space character. 9. Private vs Public Roads. The Comprehensive Plan suggests that 'approximately 1 O' is the maximum number of homes that should be served from a private road in the rural area. Since this road would serve as many as !7 homes <uid will be sewered, staff recommends that the road be developed to public road standards and dedicated to the City as a public road. 10. Park dedication: Land or Fee. The standard park dedication is 8% of the land, or an equivalent cash contribution to the park fund, at the discretion of the Council with input from the Park Commission. Given the adjacency of this land to a City park, a land dedication may be appropriate. Staff recommends that this sketch plan be forwarded to the Paric Commission for review and recommendation. 11 • Riparian lots. It appears from the sketch plan that only 1 or 2 lots might be eligible for riparian access to Lake Minnetonka. Lot 9 and perhaps Lot 10 appear to abut the 929.4 contour which defines the shoreline. The City will not consider granting access to non riparian lots. Summary Planning Commission should address each of the eleven topics noted above, giving applicant direction where possible, and identifying any additional issues for discussion. Given the location and nature of this proposal, staff is recommending that this sketch plan application be forwarded not only to the Park Commission but also to the Council for comment. Si it J y£’;/ •» 7.* \ \ •• **fT^ y>- a /•' 1•J • ■ -r» v5 *. ^ . • ?. -i;-' CITY OF ORONO - SUBDIVISION APPLICATION 1 AppUcation if Date Received *//i^’1 Amount Paid tf 'TAC'ty^ P ^ccc A-' PROPERTY LOCATION Siteaddress I 1 j CAJO Property Identification Number (PID) See Attached Please check one - Property ____abstract or_____torrens? Attach legal description to application. APPLICANT Name Jim Waters, Vice President LGA Investment Group, 1nc. Citv Plymouth Zip 55441 Phone (work) 595-951 1 OWNER (if different than applicant) Name •• Address Phone (home) Citv Zip Phone (work) (attach list if more than one)See Attached EXISTING LAND USE Number of Tax Parcels fl Development Size + 2S*Acres Dry Land Acres Wet Land Present use (check) + zf?Acres Total, all parcels Residential; no. of units / Other (specify) Present 2^ning District A ^ ^ PROPOSAL _________Division for Tax Purposes ________ Lot Line Rearrangement Only (no new buildling sites) i/____Subdivision for New Building Sites _j____Existing Units I *7 New Units Total Units Number of Building Sites a. Proposed Gross Density Minimum Lot Size I Units per |» Acres 43.560 Sq. Ft. Dry BuildableLand Proposed Use (check) S i ng le Family Residential _________Other (specify)_________ •1 i 1•mm Ua*■ * MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICAtlON 1. Payment of fees (refer to "application fees" listed below. 2. Completed application fonn. 3. Preliminary plat information on Certificate of Survey, 4. Certified Property Owners List of ONMiers within 350* (you must obtain this list from Hennepin County Department of Finance A-603 Govl Center 348-3271). -r .. r v r .• 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature ______________________________________ --------------------------------------------- MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature ____________________________________ ---------- I. APPLICATION FEES (Zoning Administrator to check (X] those which apply) A. Application Base Fees: ^ Sketch Plan Review (Class 1, II & III) S250.00 _____ Subdivision of a Lot Line Rearrangement $350.00 Subdivision Application (Class 1 & II) $350.00 .. . Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential) _____ Final Plat Application (Class III) $200.00 Legal Review and Filing: Subdivision only $75.00 Subdivision w/easements and covenants min. $200.00 A A A ^ mm m Totals <ss-o Park Ices (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) ,. .. n Renewal of Class 1 and II Subdivision Application $200.00 (No change from original application) ^ __ t f •_?__A____I?__C'-nAA AA rKT/^ from oriatn^l AAnl Renewal or uiass i ana ii duouivisiuu A\Hpii^auwu &---------------------rr ^ ’ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) ■ Renewal of Final Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: Proposed Private Roads $600.00 + $.50/lineal ft.; _____ Proposed Public Roads $900.00 + $.50/lineal ft; i;,i. ft. X .50 « $ lin. ft. X .50 “ $. Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 On-Site System, Site Evaluation Review (applicable to rural subdivision applications) $50.00/per lot x new lots C. Flexible Application Fees/Misc. Fees Variance $220.00 ($50.00 per each additional variance) Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $30.00/Dwelling Unit I nie «Kjlicant hereby eerees to provide alt inforaiation required or requested by the Zoning Administrator, City Engineer, JlltnS “tnS^^ Council necess ^to proeess this applieation and further agrees to pay all addtttonal fees establ.shed by CSs ctp-.-.. Date ------------------------- Owner’s Signatu Date Anniirant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Comrnission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the ** and Council. If an applicant is unable to anend a scheduled meeting, please make arrangements to have an authorized agent attend in y place and to advise the Building & Zoning Office of this change prior to the meeting. r m4f O (T% :^y t/i •'O?V I Application #1 Area Zonine MUSA PID Land Owner 5 Acres RR-IB 2 Ac, min.No 0711723220017 Bruce & Virve Van Sloun 8 Acres LR-IB 1 Ac. min.Yes 0711723220007 0711723220008 0711723230019 Barbara Sollner-Webb 10 Acres RR-IB 2 Ac. min.No 0711723210016 0711723211002 Harriet J. Morgart 5 Acres LR-IB 1 Ac. min.Yes 0711723210006 0711723210007 Bruce & Virve Van Sloun Barbara Solner-Webb Harriet J. Morgart 12809 Forest Meadow Drive, Minnetonka, MN 55305 17200 Melbourne Dr., Laurel, MD 20707 1003 Wildhurst Trail, Mound, MN 55364 ! I t ■ 1 NAY 15 '97 12-.21 P.1/1 Qu ost Heal Estate. Inc. Que^it Development. Inc A'-L May 15.1997 Via Fax: ^73-0510 Mr. Mika Gaffron Assistant Planning and Zoning Administrator CITY OF ORONO 2750 Kaitey Parkway P. O. Box 60 Crystal Bay. MN 65323 Daar Mr. Gaffron: Please be advised that we have fully executed contracts to purchase the parcels of land wrtiilch are currently under corisideration for development These are the parcels of land owned by: Harriet Morgart Barbara Sollner-Webb Bruce Van Sloun Arnold Soskin Please do not hesitate to contact me if you have any questions or concerns. Very truly yours, QUEST DEVELOPMENT. INC. -------------------------- -------------------------------3 Cjafries M. Waters C.0.0. JMW/lf 10700 Old County Roivd 15 • Suite 150 • Plymouth. Minnesota 55441 • Tt?l. 012-595-9511 • Fax 612-505-0612 ^ . -m • t-« i JOHN W. HASSELBALCH BURNET REALTY Mr. Mike Gaffron Planning and Zoning City of Orono May 15,1997 Dear Mr. Gaffron, I am writing you regarding ikc VanSloun, SoUner-Wctb and Morgart Properties. Mr. Jim Waters / LGA Investment Group Inc. lias signed and perfected purckase agreements witk tke aforementioned properly owners. Tkese purckase agreements are in our possession as tke listing kroker. Please call witk any questions. 315 EAST LAKE STREET, WAYZATA, MN 55391 OFFICE 476-3610 HOME 472-5514 m #♦ r , I Sr •> D 1 1 mf i Bonestroo Rosene ■ Anderlik & \ Associates Engineers & Architects Bonesiroo. Rosene. Anderhk and Assoa*ites. Inc is an Affirmative Action/Equal Opportunity Employer Principals: Otto G. Bonestroo. PE. • Joseph C Anderlik. PE. • Marvin L Sorvala. PE. • Richard E Turner. PE. • Glenn R. Cook. PE. • Thomas E. Noyes. PE • Robert G Schunicht. PE • Jerry A. Bourdon. PE • Robert W Rosene. PE and Susan M Eberlin. C PA. Senior Consultants Associate Principals Howard A. Sanford. PE • Keith A. Gordon. PE. • Robert R. Pfefferle. PE. • Richard W. Foster. PE • David O Loskota. PE • Robert C Russek. AIA • Mark A. Hanson. PE • Michael T. Rautmann. PE • Ted K Field. PE • Kenneth P Anderson. PE • Mark R Rolfs. PE • Sidney P. Williamson. PE. LS • Robert F Kotsmith Offices: St, Paul. Rochester. Willmar and St. Cloud. MN • Mequon. Wl May 15,1997 Mr. Michael P. Gaffron Assistant Building and 2^ning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 MAV 1 6 1®^"^ Re: Highview Site Sketch Plan File No. 139-2240 Dear Mike, We have reviewed the sketch plan prepared for Jim Waters on the proposed Garden Lane Site, a subdivision of PID Numbers 07-117-23-22-0008, 07-117-23-22-0007, 07-117-23-22-0017 and 07-117-23-21-0002, located south of County Road 151 in the northwest quarter of Section 7. There are several issues that need to be addressed relative to engineering matters and included with the plan. 1. Utilities: The current MUSA boundary includes Lots (8) and (7) and excludes Lots (17) and (2). It appears that including Lots (2) and (17) into the MUSA area would be a logical assumption from an engineering standpoint The slopes in these areas would make it difficult to find two suitable septic sites on a two-acre lot A sanitary sewer will need to be extended north and west from Wildhurst Trail. Plans and specifications should be prepared for the sanitary sewer, with as-built plans provided to the City upon completion. Please note there is no municipal water service available for this area. Each lot will be required to be served by a well. 2. Streets: City code specifies a maximum length of 1000 feet and ten units on a cul-de-sac. All streets require a 30-MPH design speed and a 275-foot centerline radius. Neither of the two concept sketches meets these requirements. No more than two units may be served from a private driveway. Private streets serving three to seven units must be paved 24 feet wide, more than seven units require 28 feet Public streets serving three to ten units must be paved 28 feet wide, more thaii ten units require 32 feet All streets require 50 feet of right-of-way. Due to the existing topography on the site it may be impossible to meet all of the code requirements. A shorter centerline radius could be mitigated by placing curve ahead warning signs at both ends of the curve. It may be possible to shorten the cul-de-sac or limit the number of units on tire private driveway on sketch 1 by constructing another cul-de-sac south between lots 14 and 15. Or, construct driveway within the Highview Lane right-of-way from Wildhurst Trail to lots 14 and 15. Public safety issue will need to be addressed. How will the fire department fight a fire in this area without hydrants? Where is the nearest water supply to fill tankers? From a safety and access standpoint, it would be very beneficial to make a street connection from West Branch Road (C.R. 151) to this development. 3. Grading: Once an acceptable concept sketch has been prepared, a grading, drainage and erosion control plan should be prepared that shows both the existing and proposed contours, building pad locations and elevations, and erosion control measures to be used during construction. Plans should be prepared for the street and storm sewer construction. 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-4600 Mr. Michael P. (Saffron City of Orono Page -2- May 15,1997 1-4. Drainage: The drainage from the site is primarily nordi, then east toward Forest Lake. The development will need to provide some type of storm water treatment prior to reaching the lake. This could be accomplished by constructing a storm water quality pond on the north side of Lot 12 (sketch 2). The City’s Comprehensive Storm Water Plan, which is presently being prepared, identifies the need for regional storm water ponds at this location and north of Lot 2. The second pond will likely need to be constructed by the City. This development should be responsible for reimbursing the City for a portion of the cost of die regional pond north of Lot 2. Final plans should be submitted to the Minnesota DNR and Mitmehaha Creek Watershed District for their review and approval. 5. Easements: Drainage and utility easements should be provided 5 feet wide along all interior lot lines and 10 feet wide along the roadway right-of-ways. Drainage easements should be provided across all dnunage ways and ponding areas. 6. Financial Guarantee: When the plans have been completed we will prepare an estimate of the total cost for the site improvements to determine the amount of the required financial guarantee, unless the improvements will be done by the City. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLDC & ASSOCIATES, INC. Shawn D. Gustafson, P.E. ' Cc: Greg Gappa, City of Orono ^SSBm • # • |\awsA • •> . 1 r-B> •fV LAKE KATRINA :( o 1 11 rniiNTY RD. 6 X^OLSFELD --------LAKE LYOIARO \ LAKE V J2. ••vJLONQ-^KJ '-in STUBBS UKl < "^Pi l3y*sci. .'"s <jK !... , <?V ^...»' VW2«A llw™ MAXWELL BROWNS BAY NORTH ATM X MOUND \ \ WEST ARM «mitm bay Vjl*—-- CRYSTAL BAY 10:.-" S— M!NNEroNXA\ J)€ACH . \\ LAFAYETTE BAY [ iOi*iap# \Jarman ^ BAY \ s<£QSl A\fr*^ —; X'ff/^K \^ / \: LAKE MINNETONKA ■ j / / City of Orono, Minnesota SHORELAND OVERLAY DISTRICT Natural Envt anment (ND Lakc<OHWL Tributary Streams Lake Classen 974^'Painters Creek Dickey Lake 985^'Stubbs Bay Creek French Lake 930.5'Long Lake Ci^ek Lydiard Lake 970.9'Wolsleld Oeck Lake Katrina Dickey Lake Creek Wolsfcld Lake (Medina)- Recreational DevelonmenI (RD) Lakes OHWL Lons Lake 944.3' Mooney Lake 900.0' Tahager Lake 929.4' Hadley Lake (Plymouth)961.4' General Develooment (CD) lakes OHWL Forest Lake 929.4' lake Minnetonka 929.4' 9% jflik Ra«dK«r3*^ north irZT mm i DISTRICT BOUNDARY 1 BASIN WETLANDS INCLUDED FLOODPLAINS r Background The fo'tunate acquisition of the Saga Hilb park land, by the City of Orono, created both an opportunity and a dilemma. It provided for the transfer to passive and active park land use, approximately 20 acres of land within the MUSA with prime development potential. It also created a desire, on the part of the City, to limit access through this park area, thus possibly land locking adjacent parcels of land also which have good development potential and are in the MUSA. Development Benefits • Provides access to park without creating a through street on Garden Lane. • Non-disturb zones preserve large areas of open space and a park dedication, resulting in substantially reduced impact to slopes and woodland. Large lots, averaging nearly 1 acre, provide flexibility in placement of homes, resulting in reduced site impact. Sewer capacity is not an issue, and a public health issue is served by providing sewer to all lots. In addition, "mound" type septic systems, which are popular in Orono, result in a loss of woodland. • A ROW easement addresses a future link to West Brinch for service and emeigency vehicles, thereby eliminating a long cul-de-sav. on Wildhust Trail. Zoning Impact Requires rezoning to LR-IB or PRD, and an administrative MUSA boundary change. Th||^ change is similar to other recent rezoning and MUSA amendments, such as Sugar Bush, which resulted in high quality neighborhoods. It also serves to maintain the character of the existing LR-IB neighborhocd. 1 ; I r i COUNCIL MEET1NQ JUN 2 3 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE; June 18, 1997 ITEM NO. Department Approval: Administrator Reviewed: Name Elizabeth Van Zomeren Tide City Planner/Zoning Administrator Agenda Section: Zoning Item Description:#2242 Wayne A. Johnson 1225 Lake view Avenue Variance - Public Hearing Zoning District:RR-IB One Family Rural Residential District (2 Acres) Lot Area:20,436 sq. ft. (.469 acres) Application: The applicant proposes to construct a 569.88 sq. ft. addition to an existing residence to add a new garage. A front yard variance to reduce the required front yard from 50' to 34.06' where 34.06' is existing is required. Planning Commission Recommendation To unanimously approve a front yard variance to reduce the required yard from 50' to 34.06' to allow a garage addition. COUNCIL ACTION REQUESTED: To approve the attached resolution that grants a front yard variance of 15.94'. Isv r ? • \T t ! I. ■ t I ? I= 1 f B:.r ^li A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 FILE NO. 2242 WHEREAS, Wayne A. Johnson (hereinafter "the applicant") is the owner of the property located at 1225 Lakeview Avenue within the City of Orono (hereinafter "the City") and legally described as follows: Lots 14, 15, and 16, Block 1, Maxwell's Addition to Crystal Bay, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 to allow a 569.88 sq. ft. garage addition to an existing residence. A variance for a front yard setback of 34.06' where 50' is required and 34.06' is existing is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2242. The property is located in the RR-IB One Family Rural Residential Zoning District where the minimum lot area required is two acres. 3.The Orono Planning Commission reviewed this application on June 16, 1997 and recommended approval of the proposed variance based upon the following unique findings and hardships: A. The zoning lot is .469 acres and does not meet the lot area or lot width requirements. Page 1 of 4 1 r m*- 4. 5. B.The existing residence does not meet front and side yard setback requirements. The residence is 34.06' from the front property line. C.The proposed addition will not further encroach into the front yard than the existing residence. D.The topography of the zoning lot slopes down towards the existing garage. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to reduce the required front yard from 50' to 34.06' where 34.06' is existing per Municipal Zoning Code Section 10.28, Subdivision 5 to permit a 569.88 sq. ft. garage addition to an existing residence, subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 23, 1998). Page 2 of 4 r 2.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of June, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of June, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Cleik of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 1 ■ I ! i ^ i I STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this - 199 ___, before me a Notary Public within and for said County , executed the foregoing instrument, a^r,KSsr-“» Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of ^ 199^___before me a Notary Public wiiUUnandforsaW^^ who executtd meWlng imtrumliSTiSd Notary Public Page 4 of 4 r 5 TO: FROM: DATE: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator June 9,1997 SUBJECT: #2242 Wayne A. Johnson, 1225 Lakeview Avenue Variance(s)—Public Hearing Zoning District: Lot Area: RR-IB One Family Rural Residential District (2 Acres) 20,436 square feet (.469 acres) Application:The applicant proposes to construct a 569.88 sq. ft. addition to an existing residence to add a new garage. A front yard variance to reduce the required front yard from 50' to 34.06' where 34.06' is existing is required. Pertinent Ordinances: • Section 10.28, RR-IB One Family Rural Residential District Subd. 5, Area, Height, Lot Width and Yard Requirements ANALYSIS Lot Area and Yards RR-IB District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 2 acres 200 ft.50 ft.30 ft.50 ft. Subject Property Lot Area and Yards Lot Area Lot Width Front Yard Side Yard Rear Yard 20,436 sq. ft.150 ft.34.06 ft.18.03 and 31.71 ft.50 ft. U2242 Wayne A. Johnson 1225 Lakeview Avenue 6/16/97 Page 1 r L Structural Total Lot Area 20,436 sq. ft. Total Structural Coverage Percentage 2,011.11 sq. ft.9.84% The proposed addition complies to the structural coverage requirements. STATEMENT OF HARDSHIP before the currerrt zoiuirg reqSentf^ ' “ ** >“'* Criteria for Determining Undue HarHQ^jp 1. 2. ^0“ ‘0 his property not created ^^e situation is due to tire style of the house and its location on an irregular-shaped noning 3.The vanance, if granted, will not alter the essential character of the locality. The variance for front yard setback wUl not change the character of thearea. 4.s,7„t "— Economic factors are not a consideration with this application. 5. fofsL »tgy'’s“'“‘'“’ to direct sunlight fTayne A. Johnson 1225 Lakevlevr Avenue 6/16/97 Page 2 Solar access is not a consideration. 6. 7. 8. 9. 10. 11. 12. The Board of Appeals and Adjustments or the Council may not pennit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. The proposed garage is a permitted use in residential districts. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The special conditions that apply to this zoning lot are due to the style of the house and the date of construction which occurred before the current ordinance's setback requirements. The conditions do not apply generally to other land or structures in the district in which said land is located. Other zoning lots in this area do not meet lot area or lot width requirements. Some properties may not meet front or side yard requirements. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The granting of the variance is necessary for the applicant to provide enclosed parking for more than one vehicle. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. The granting of such variance will not merely serve as a convenience to the applic an t, but is necessary to alleviate demonstrable hardship or difficulty. U2242 Wayne A. Johnson 1225 Lakevtew Avenue 6/J6/97 Page 3 1 The applicant has a small building pad that conforms to the setback requirements. The garage could be located farther back from the front property line but it wo^d not be in line with the house. ISitUSS 1.The zoning lot does not meet lot area or lot width requirements. The existing house does not meet front yard or side yard setbacks. The residence was constructed in the late 1950's. STAFF RECOMMENDATION To aj^rove a front yard variance to allow the proposed garage to encroach into the front yard setback the same distance, 34.06', as the principal structure. Attachments A B C D E F G H Application Location Map Plat Map Survey Elevations Topographical Map Hardcover Calculations Wetlands Map §2242 Wayne A. Johnson 1225 LakeviewAvtmie 6/16/97 Page 4 . Application # Date Received Amount Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00y After-the-Fact Fees (Double application fee) A .{/ f -, 5 -I' VVie ^ Property Identification Number (P.I.D.) Attach legal description to ^pljcati^^njf rioMrjcluded on required survey. Date Property Acquired, the adiacent parcels of (month/year) I (do) (do not) also own dw a<yacent parcels of land. Present use of property: /C residential ___other (specify)___________^— Zoning District: /^^/S APPLICANT Name AddressTL///^/j7 /w/::^ City OWNER (if different than applicant) Name ___________ . ’iZSMS^ '/^,-/^ciw. rD/<M/£)____Zip:jS '-gpJ Phone (home). Phone (work)_ Address:City:.Zin; (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _ Setback: ___Lot Width Front Side Hardcover Rear Lot Coverage Average Lakeshore Other (specify) hardship /description of unusual PROPERTY CONDITIONS r 6. 7. 8. REQUIRED submitt als AH of the following information must be submitted bv the application deadline date in order for vour application to be considered complete: __ Completed Application Fonn __ Certified P- er.y Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). __ Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'A" x 11" for reproduction. ___ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 814" x 11" for reproduction. __ Sketches or plans of floor & elevation views (provide one (1) copy S'A" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). __ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. __ Addi:V>nal items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that vour 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 ofnthis eoplication, and certifies that the inform3ti''r supplied is tru/ a^ correct tex^the be«j6f / - V;. knowledge. Appli .rnt's Signature Date iTl/997 Owner’s Signature / / OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consult^s, agents. Commission members, and Council members for purposesyoa^vestigatiem and V^'^ation of this request. Applicant must l ave all submittals into the City offices 25 days before the Planning Commission Meeting. Plannmg Coinmissiqi. Meetings are held on the third Monday of each month. Applicants must be present at all sc'iieduled review meetings of .he Planning Commission ind Council. If an applicant unable to attend a scheduled meeting please • make a-rangements to have c-i authorized agent attend in vour place ano to advise the Building & Zoning Olilce of this change prior to the meeting. 8 LOCPmo' MAf 2Z4Z Wot>(n€ Jol'V&on '^*5 Uxfcsview IVf*. n 2 r 't • 9» * Ti . f A V\X' (17) W^^e, AJ9W^M ^ \258.- :i g 27 \ g HO \~ 7^^ ^ \ 1 '^tfX ,\ HO Xa26 \ „ HO '. a 25 jn HO T 2 HO a 24 J 175 3 vfc HO '^w a 23 (31) ^ HO 4 J HO f a 140 ^ 5 \ HO /a a 2' iisHO : ©1 6 140 a a 20 HO ' * \ \ 140 ■ a a '3^’ « 140 \6 HO a s A (75) *‘^;\70) ^ V 17 S:-*mm V 10 HO y "3sO50n '"O (71) ^ a 140 R HO 50o_f~2!>5050oro<NjMINNETONKA HO ^'^IftlSIA \ II HO (39) HO (38) HO (37) HO !~^(36) 2;"X33) •N 140 V / / / / / / / / 0 / ' Z/^- <0 MWiro Ml—ON. WAYWtADVANa SURVEYINGWAYNE JOHNSON IkfMlStufgi''S*l.»«MC«mC-fAIII^ ....... lO’Bflf' nu.M.irvtiiMi>.< iMt A^i.NiLfUS OM iCH BQUAU » «*▼ ak I. Tola) A/>eA of' a. 3. 1 Exfshns slruciArc TVcif>oSfs<i AdcJiliP'^ Py\j se4toadCp p-ro+eotecD IF So. JOB N0.969?3 C(! 4 01 01' % U3 '• •'• • • ‘ 'n'’ ‘.i’. -. V ‘' ., •* ■»< J • 0 ■• V* '** ' ’ •• I . '■ • ‘ * t 4 •' • ' "V •• • • * •. 'w‘/ ■’- ■ '.. • >' ;'K-r'.'. V ‘ V > • :** V, * V . - ■• “'.'Y’L' • * ‘ ' ■' ' ' }■' • • ••:. ;' : ' ' » • . ; • • '*« • • r*. \ ' • • • . i . .• • ; . $ , , , . ,f 1 . *, , . I M .#4 M - * . • .• ' / ‘ ■ • *» • - •• ♦ r ’ ••-4 . » < • • ■. «';s ' . ’•* .* * ••' * i , ■ * . • . •i ; . • • * * • s J •• ^ *4 • • - * / 4.' ^ •• ' • ■ r ■ • . . • . • ' .. f ■ • • a ** • . . » . * * •• - 1 ■• .J / * * J • / •*,- *■ ' ■ *•. • ■ ^. •• ■" •;' « • * # ’ • *• * »■ ■ • • • « . 1? ‘ • •. f• *«> < • • *• *• • •' ■ .• ’ • ■* * ' • “• . ■ • • •• .1 .1) ...... i ^ ■ 0 1 1 1 !1 • 1 i • !• . •f *• 0-• ‘ \..... - .■.» ■■ i % • ^ » ‘ 4 t• ; •• > « a * ‘ * 0 i t •% • . •••V; ■•'. i ** • • •• /. I ,* • r* • •. . . *• *», ♦, 1.* ; *■ \ * ; •• • ^ . *. ; V .• •* .*# ’ ’ V r-'‘\ :■*• i' ri •• <1- ! I« •• ■ • .vV f '»• . ^ / * * A » ‘ , s ! • ; J t I i ii I r. ^ I r \ 9-l»r •. .-1, ». • / ’ 'y. ./;.v 1 i • V 1 . Liii . y» V-«.•«^ • • - > ; : * ' . *•■ < ‘ . - « - I «• . N • • • • •••■ i - >•.... , ;* • •* •: * • i4i - 4 • % •: k* . ^' / v ^ t fe- • ! i I I ’ ;;r 'f % J-* M i SPOi^ ms» > ■ ' ^ .>i I* I . * . ’ ^1* ■*.. ' .’ m- "• •V.'- .. 'V- p:^ * ' . ■ >-T? JLjiiti hardcover calculation worksheet SETBACK ZONE: (CmCLE ONE) 0-75’ 250-500* rxiSTTNC ha RP<~o}^R A. House ___ X X X B. Garage . C. Driveway ^X X d D. Sidewalk .^ck Pz'6X-/3./o7 F. Landscape Underlain By Plastic G. Other \ X X TOTAL HARDCOVER IN ZONE X 100 ppoPOSEP HABPrjj|^EI^-ZQNE Length Width B. Garage C. Driveway D. Sidewalk E. Patifl/peck X X X X /f.£> w /M7-S8 rs F. Landscape Underlain By Plastic G. Other X X X TOTAL HARDCOVER IN ZONE TOTALi AREA IN -J- B C$ X 100 500-1000* S.F. S.F.I ;737.^<P %k<o ‘" O s.Fn-': '-V " S.F. ‘ S.F. S.F./*/ I s _ _ _ _ _ _ _S.F. J'. __ _ _ ___S.F.^ >4 S.F. ■ S.F. '=*4.,? ,, H-B 3 S.F. • F. S.F. % %.F. S.F. S.F. S.F. S.F.>c^ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % A B t 1 titrf^ mrr-i r I li ' COUNCIL MEETINQ REQUEST FOR COUNCIL ACTION JUM 2 3 1997 CITYOFORONO DATE; June 18, 1997 ITEM NO.: Department Approval: Administrator Reviewed: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Agenda Section: Zoning Item Description:#2243 John D. Black 4030 L)ahl Road Variances - Resolution • Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:38,125 sq. ft. (.87 Acres) Application: The applicant is proposing to rebuild an existing deck and to add a 12' x 18' room and screened porch over the deck. Variances for lakeshore setback, average lakeshore setback and hardcover in the 0-75' setback are required. Planning Commission Recommendation To approve rebuilding the existing deck and porch wth no additional structure or hardcover. COUNCIL ACTION REQUESTED: To approve or amend the enclosed resolution to grant: 1. An average lakeshore setback to allow replacement of the existing deck and porch where the entire residence is located in front of the average lakeshore setback. 2. A lakeshore setback to allow ...( .n Jig deck to be replaced approximately 10 in front of the 75' setback. 3. To maintain hardcover at 555.5 sq. ft. (3.9%) in the 0-75' setback where none is allowed. i I i ■; • i , i . A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (C) FILE NO. 2243 WHEREAS, John D. Black (hereinafter "the applicant") is the owner of the property located at 4030 Dahl Road within the City of Orono (hereinafter "the City") and legally described as follows; Lot 18, Block 18, Pirate’s Cove, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoninji Section 10.22, Subdivisions 1 and 2-Lakeshore Setback and Hardcover RegulctHw. and Section 10.56, Subdivision 16 (C)-Shoreland Management, Average Lakeshore Setback :w replace an existing deck and to construct a 12* x 14' room and screen porch over the deck. Variances are required for an encroachment into the average lakeshore setback where the existing residence is located forward of the average lakeshore setback and no encroachment is allowed, and to allow the deck to be approximately 65' from the shoreline where 65' is existing and 75' is required. NOW, THEREFORE, BE IT RESOLVED by the City Co»mcil of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2243. The property is located in the LR-IB Single Family Lakeshore Residential Zoning Di^Lict where the minimum lot area required is one acre. 3.The Orono Planning Commission reviewed this application on June 16, 1997 and recommended approval of the proposed variance(s) based upon the following unique findings and hardships: Page 1 of 4 r 4. 5. A. The zoning lot is .91 acres and does not meet the minimum lot size requirements. B. The zoning lot is irregular in shape with steep topography along the shoreline. C. There is a 25' utility easement across the lake front of the property. D.The existing residence and deck are located forward of the average lakeshore setback and encroaches approximately 10' into the required 75' setback. E.The existing hardcover in the 0-75' setback is 555.5 sq. ft. (3.9%) where none is allowed. A stairway is needed to access the shoreline. The City Council finds tliat the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an average lakeshore setback and lakeshore setback per Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (C) to permit replacement of an existing deck and construction of a 12' x 16' room and screen porch over the deck with an increase of hardcover in the 0-75' setback, subject to the following conditions: Page 2 of 4 J r f 1.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 23, 1998). 2.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of June, 1997. ATTEST: Dorotliy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner (s) i t j Page 3 of 4 { I Tf : • I % STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument ’./t s acknowledged before me on this 23rd day of June, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of___ Notary Public ^ 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 4 of 4 r f'f r r i m h HTj TO:Chmr Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM:Liz Van Zomeren, City Planner/Zoning Administrator DATE:June 12,1997 SUBJECT: #2243, John D. Black, 4030 Dahl Road Variance(s)-Public Hearing Zoning Dbtrict: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:38,125 square feet (.87 acres) (sewered) Application: The applicant is proposing to change the lakeside of an existing residence by rebuilding the deck and adding a 12'xl8' room and a screened porch over the deck. A variance to encroach Into the required 0-75' setback and average lakeshore setback is required. A hardcover . *»variancc in the 0-75 ’ setback is also required. Pertinent Ordinances: Section 10.24 - LR-IB One Family Lakeshore Residential District, Subd. 5. Area Height, Lot Width and Yard Requirements Section 10.56 - Shoreland Management, Subd. 16. Shoreland Overlay District Standards, C. Average Lakeshore Setback I ^ Section 10.22, Subds. 1 and 2 - Ldceshore Setback, Lakeshore Hardcover Regulations 1(2243 John D. Black 4030 Dahl Rd. 6/19/97 Page I ! J ANALYSIS Lot Area and Yards LR-IB District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 1 acre 140 ft.35 ft.10 ft.30 ft. Subject Property Lot Area and Yards Lot Area Lot Width Front Yard Side Yard Lakeside 38,125 so ft.354.2 ft.34.3 ft.41.9 ft.68 ft. (app.) to deck The subject property is .87 acres which does not meet the minimum lot area requirements. The lot does not conform to setbacks from the lake or the average lakeshore setback. Structural Coverage The proposed structural coverage does not exceed 15%. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75’14,030 sq. ft.555.5 sq. ft. (3.9%) none 569 sq. ft. (4.06%) 13.5 ft. (4.06%) 75'-250'23,555 sq. ft.5,132.8 sq. ft. (21.79%) 5,888.75 sq. ft. (25%) 5,160 sq. ft. (21.91%) none required 250’-500’540 sq. ft.none 162 sq. ft. (30%) none none required 500'-1,000 ’ U2243 John D. Black 4030 Dahl Rd. 6/19/97 Page! The applicant is proposing to add hardcover in the 0-75' setback where 555.5 ft. is existing and 569 ft. is proposed for an increase of 13.5 ft. The amount of hardcover proposed in the 0-75' setback represents 4.06% of the lot area in the setback. The applicant is also proposing to add hardcover in the 75-250' setback, however, no variance is required. STATEMENT OF HARDSHIP The applicant has indicated that the house was built in front of the adjacent properties. The applicant states that the proposed improvements will not impact the sight lines of either adjacent property. The applicant notes that on the survey the deck and stairway appear to be farther than 75' from the lakeshore because of the topography. Criteria for Determining I Jntliie Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can continue to be used for residential use without the improvements. The applicant should provide testimony as to the reasonable use of the structure without the improvements. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot is irregular shaped and has steep slopes to the shoreline. The house was constructed before the current regulations. 3. The variance, if granted, will not alter the essential character of the locality. The variance for hardcover in the 0-75' setback, average lakeshore setback, and lakeshore setback will not change the character of the area. 4.Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Solar access is not a consideration. M2243 John D. Black 4030 Dahl Rd, 6/19/97 Page 3 6.The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. 7. 8. 9. The proposed deck and rooms are permitted residential uses. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. The special conditions are unique to the location of the structure on the lot, its relationship to adjacent structures and the topography. The conditions do not apply generally to other land or structures in the district in which said land is located. Some of the zoning lots in this area do not meet the minimum lot size requirements and have steep topography. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property ri^t of the applicant. The applicant will need to provide testimony regarding the proposed improvements to preserve his property rights and use and enjoyment of the residence. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The hardships are created by topography and location of the structure on the zoning lot. §2243 John D. Black 4030 Dahl M 6/19/97 Page A ■ Issm 1.The zoning lot does not meet minimum lot area requirements or front (street) setbacks. The house is located forward of the average lakeshore setback and encroaches into the 0-75' setback. The applicant is requesting increases in hardcover. There is steep topography from the residence to the shoreline and the lot is irregular. There is a 25' utility easement across the lake front yard. The residence was originally constructed in 1968 (see Exhibit 1) and remodeled in 1986. No previous variances have been requested. STAFF RECOMMENDATION •5r1 To amend or approve: 1. A variance to further encroach into the average lakeshore setback where no encroachment is allowed. (The entire residence is forward of the average lakeshore setback). 2. A variance to encroach approximately 6' forwrjd of the 75' setback where no encroachment is allowed. 3. A variance to increase hardcover in the 0-75' setback from 555.5 sq. ft. to 569 sq. ft. which is 4.06% of the lot area in the setback. Stairs are necessary to provide access to the shoreline. Attachments A Application B Location Map C Plat Map D Topographical Map E Hardcover Calculations F Proposed Survey G Proposed Elevations H Permit Record I Original Survey M2243 John D. Black 4030 Dahl Rd. 6/19/97 Pa^ 5 Application #Date Received^ !5/2O/<^0 Amount Paid 'in r\__A C? 8 CITY OF ORONO - VARIANCE APPLICATIO ApBlicatioaJEee^ $220,00 '($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION SiteAddress__w_^_3©____ # ✓*/ j Property Identification Number (P.I.D.)_^^f n. h.X V 7?\. . A-^r x'... Attach legal description to application if not included on required survey^'*"'^ I (do) (dp not)-also own the adjacent parcels of land. Presentee of proper^r: presidential ___mother (specity) ZoningDistrict:_^g- /p( _ Fi3yy^nJ Ukeshrre AU //i<y^ APPLICANT^ / / Phone (home) Address^i^^ jjal/ll JLal. Citv: ______Zip; OWNER (if different than applicant) Name _ Address: DESCRIPTION OF REQUES Describe request in detail: Phone (homeX Phone (work)_ ited Construction Cost $ (attach additional sjieets if necessary) pci ___y VARIANCES REQUIRED Lot Area ___Lot Width ^ Setback:Front Side Hardcover Rear _Lot Coverage Other (specify) ^ Average Lakeshore ■*= o-i<^ • * mo tions preventing -------—----------- ^ f tr.,~ y ff ^ -y ,, V pc—^ -f-A X-g. (attach additional sheets if necessary) _ ^ y / / ^ / r. frp^ 7 REQUIRED SUBMITTALS 1- JzS Completed Application Form 2. ---- Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271).---- X;;:; Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8!4" x 11" for reproduction. Topographic sur\'ey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8‘/2" x 11" for reproduction. ---- Sketches or plans of floor & elevation views (provide one (1) copy 854" x 11") 6. ^ List of the legal names (include marital status) of all persons with an interest in -7 S//A applicant(s) if not current owner(s). '• /h^* 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 vour yariancc appliention is not complete if the above information has not been inrln, 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) ^d/or consultant expenses incurred in review of this application, and certifies that the information supplied is true^d correct to the best of his/hen knowledge. ^ D^te /9'7Applicant's Signature OWNER’S SIGNATU: The owner hereby acknow'ledps and agrees to this application and fxirther authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposeyw investigation and verification of this request. Owner's Signature Date 7 Applicant must Mve 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 ^angements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 \\\ q?,<3 \ \ \ \ D. Sidewalk .X X Z7i E. Patio/Deck X X s • F. Landscape Underla^ By Plastic Or Fabric X X X ^5* G. Other Z^T/s 0.75 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A SS£r,S + B PROPOSED HARDCOVFR IN yr^|»^]r A. House 1^30 X100 -3.9d, Length X X Width X X B. Garage C. . Driveway X X •V. D. Sidewalk X X 22^ E. Patio/Dedc X X 12^ F. Landscape Underiiin By Plastic Or Fabric X X X a .75 G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 6f B SA9 X100 “d±?3C A-m S.F. S.F. s:f. S.F. S.F. §.F. . S.F. • • t * S.F. S.F. A S.F... B % S.F. S.F. S.F. S.F. *.• 4 . 'I S.F. S.P. S.F. S.F. S.F. S.F. S.F. • I S.F. S.F. S.F. S.F. S.F. A S.F. B % »•*< m% ^ ............................... 11 t Tohtf) Ql^c^k. HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) EXISTING HARDCOVBR IN ZOT^. A. House 0-75' X ATIONVI 250-500' Length Width X X X B. Gertge C. ' Driveway X X D. Sidewalk X X E« Patio/Deck X X F. Landscape Underlain By Plastic ‘ Or Fabric X X X G. Other NN HB L*F. a,S9 *7e TOTAL HARDCOVER Hi ZONE TOTAL PROPERTY AREA IN ZONE SfBZ.B + B 23SB6 xIOO PROPOSEn HARDCOVER IN ZONE A. House _____________ Length • •Width X X X Be Garage C. Driveway X X 4C - *,1 f D. Sidewalk sr. X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other H7 /S3 .33 .75 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ ^ ^ A filLn B tSBBS \ 4 xlOO - 500-'l000* ZSS& ' ‘ S-Fl'- 7co m. J4^ 74. 7ij tZ.f 144..7 Bt3Z.S Z3SB3 ZI.74 zees 7oo • ^ 44/ StZ 443 Uk. ti.t lOO S.F, , S*F • • *Y S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ' ».• > S.F.I !• S.F. A S,F. ■ H % S.F. S.F. S.F. S.F. S.F..t S.F. S.F. S.F. S.F. h I S.F. S.F. S.F. S.F. S.F. S.P. S.F. A _S.F. B .1 r Z)ohri HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' EXI<rnNG HARDCOVER TN ZON A. House ____________• .X ________ 500-1000' 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 Fabric X X X G. .O^er TOTAL HARDCOVER W ZONE TOTAL PROPERTY AREA IN ZONE A O_______ + B PROPOSED HARDCOVER IN ZONE A*! House Length « • X X X B. Garage •» C Driveway X X D. Sidewalk X X E. Patio/Deck X X • • • F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _ _ _ _ _ _ _ ♦ B 64^xlOO Width xlOO - •S.F. S.F. . S.F. S.F. • * • S:F.. *t S.F. S.F. S.F.’ S.F. S.F. S.F. S.F. ’ S.F.' S.F. .• * i* *• I S.F. S.F. A •S.F.’ B S.F. S.F. S.F. S.F. S.F. ‘ .'S.F.* 's.F. S.F. S.F. k i S.F. .S.F. S.F. S.F. ' S.F. • V •l ' / : ! ».» 4 .H.S.F.• . « s;f. A S.F. B % it t r. mmrn ■< \ \ i / r 5. it !>• «r• I ,•‘3 T i ii c'^ njz.fMl y^j=. •- « . ^^^*7 ♦. A^og -“f V I V I 0( II ? 43- >V ;-( Mt«I ^ • ✓» ]i. ij •; •V 1^ 5 I I. i •— •*.•♦.*. ..• ...j • • -•; ii I ; •• • ••• • i '•k s' i /■-i V# 6 j i • IT I MilliMif'i ^ \ \ \ iLdjUk. Permit Wo. ^1/4 fsqio ^C)0 "^SAl PERMIT RECORD Date ^/p3o /Oa/J,H VT^ Type of Permit rv^l,0 # t m r .•'A Jiiwwmi 11 "19 -itp n > t g-a7- /3- j(o oM ^C30 '^cU\^EGAN, FIELD A NOWAKSURVEYORS1B29 HARRIET AVE. Survey for: Ecklund & Swedlund Description: Lot 10, Block 1, PIRATES COVE. Scale: 1” - 50* r IBS tiai UK BK» •BllWIttO We hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the location of all buildings, if any, thereon, and all visible encroachnients, if any, from or on said land. |J Dated this 25V day of July . 1968 . EGAN, FIELD & N 0 W A K •• File No. 5746 Book No. 1818 - 56 by ngi/ieers jprv^ors^is. . ff i- V. COUNCIL MEETINQ ¥ REQUEST FOR COUNCIL ACTION JUN 2 3 1997 CfTYOFORONO DATE: June 19, 1997 ITEM NO. Department Approval: Name Michael P, Gaffron Title Asst. Planning & Zoning Administrator = /o- Administrator Reviewed:Agenda Section: Zoning Item Description: ^2247 Wayne Holmes, 1390 Park Drive - Variance - Resolution Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre, sewered. Application: Lot line and side street yard setback variances for construction of detached accessory storage building. Pertinent Code Sections ilili s.f. must 1. Section 10.24, ^ubd. 5 (B): Required side street setback = 35’ 2. Section 10.03, Subd. 9 (E): Accessory structures of footprint area 750-1, maintain 15' setback from any lot line. List of Exhibits A - Resolution B - Memo and Exhibits of 6/12/97 Discussion Plea^ review the memo and exhibits of June 12th. Briefly, applicants originally proposed to construct a 24 x37 5 pole building at the rear corner of this 0.41 acre property. Applicants have recently conipleted construction of their home, which was granted a lot area variance in 1996. An existing 672 s.f. garage is intended to remain. The new building is proposed to be placed near the right rear comer of the lot due to topography of the site as well as existing vegetation. This will be an extra high garage to accommodate s orage of a motor home as well as other vehicles, recreation equipment, etc. However applicants propose no driveway leading lo the structure, and propose to leave the area along the south side of the house as grassed yard. r Request for Council Action continued page 2 of 3 June 19, 1997 Zoning File itllAl ■ \ Planning Commission Recommendation Planning Commission reviewed this request at their June 16th meeting and on a vote of 5-0 recommended approval based upon the following findings and conditions: Findings 1. 2. 3. 4. Topography of the site as well as the location of the existing garage, makes it difficult to locate the proposed storage garage at a location meeting the 35' side street setback requirement. A 36" oak tree near the southeast comer of the house would be jeopardized by moving the front of the proposed building nearer the center of the lot. However, moving the rear of the garage closer to the center of the lot would only impact existing lilac bushes which can be replaced and which do not provide significant screening in the neighborhood. Applicants have items of personal property which need to be stored inside, and it is not feasible to store those items in an expansion of the existing garage without totally reconstructing that garage. Neither hardcover nor lot coverage variances are required to accommodate the proposed structure. 5. 6. The side street known as Forest Avenue is an unimproved dedicated City right-of-way which provides potential future access to the Highwood nature area, and serves as a drainage way. It would be appropriate to require a 10' minimum side street setback at this location to accommodate the necessary slope grading and/or retaining walls between the right-of-way line of Forest Avenue and the proposed garage. Further, a 10' setback will have less visual impact if Forest Avenue is ever improved. Applicants have agreed to relocate the proposed garage so that it meets a 10' side street setback, and to reduce the footprint of the garage to 825 s.f. These reductions and the lack of any impacted adjacent residence are justification for the 5' setback variance needed based on the 825 s.f. footprint of the building. Conditions 1.Proposed garage shall be reduced to 22'x37.5' (825 s.f.) and maintain a 10' side street setback. Request for Council Action continued page 3 of 3 June 19, 1997 Zoning File #2247 2.Applicants shall provide grading plans and/or retaining wall plans acceptable to City staff and the City Engineer prior to issuance of a building permit for the garage. Staff Recommendation Staff recommends approval per the Planning Commission recommendation. A resolution for approval is attached. COUNCIL ACTION REQUESTED: Adopt attached resolution granting variances subject to a 10’ setback and providing adequate grading/retaining wall plans. , seconded by , to adopt Resolution #Proposed Motion: Moved by ______ granting variances for side setback and side street setback to Wayne Holmes of 1390 Park Drive for construction of an accessory storage garage. Vote:______ayes,______nays. V. r A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.24, SUBDIVISION 5 (B) AND 10.03, SUBDIVISION 9 (E) FILE #2247 WHEREAS, Wayne Holmes (hereinafter "the applicant") is owner of the property located at 1390 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lots 19 and 20, Block 13, Saga Hill Revised, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.24, Subdivision 5 (B) and 10.03, Subdivision 9 (E) to permit the construction of an accessory storage garage to be located less than the normally required 35' from the adjacent side street and less than the required 15’ setback from any lot line for a structure of area 750-1,000 s.f. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2247. The property is located in tlie LR-IB, Single Family Lakeshore Residential Zoning District. 3.The Orono Planning Commission reviewed this application on June 16, 1997, and recommended conditional approval of a side setback and side street setback variance based upon the following findings: Page 1 of 5 ■ ->n .. A. B. C. D. E. F. G. Topography of the site as well as the location of the existing garage, makes it difficult to locate the proposed storage garage at a location meeting the 35' side street setback requirement. A 36" oak tree near the southeast comer of the house would be jeopardized by moving the front of the proposed building nearer the center of the lot. However, moving the rear of the garage closer to the center of the lot would only impact existing lilac bushes which can be replaced and which do not provide significant screening in the neighborhood. Applicants have items of personal property which need to be stored inside, and it is not feasible to store those items in an expansion of the existing garage without totally reconstmcting that garage. Neither hardcover nor lot coverage variances are required to accommodate the proposed structure. The side street known as Forest Avenue is an unimproved dedicated City right-of-way which provides potential future access to the Highwood nature area, and serves as a drainage way. It would be appropriate to require a 10' minimum side street setback at this location to accommodate the necessary slope grading and/or retaining walls between the right-of-way line of Forest Avenue and the proposed garage. Further, a 10' setback will have less visual impact if Forest Avenue is ever improved. Applicants have agreed to relocate the proposed garage so that it meets a 10’ side street setback, and to reduce the footprint of the garage to 825 s.f. These reductions and the lack of any impacted adjacent residence are justification for the 5' setback variance needed based on the 825 s.f. footprint of the building. The location of the garage above a slope adjacent to the right-of-way of Forest Avenue will require suitable grading or retaining wall to avoid encroachment into the right-of-way. Page 2 of 5 u ' 5. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including t’le findings and recommendations of the Planning Commission, reports by Cit> staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Mumcipal Zoning Code Sections 10.24, Subdivision 5 (B) and 10.03, Subdivision 9 (E) to pemit the construction of a detached accessor)' storage garage located less than the required 35 side street setback and less than the 15' required lot line setback for the structure, subject to the following conditions: 1. The garage shall be reduced in footprint area to 22'x37.5' or 825 s.f. 2. The garage shall be relocated to maintain a 10' setback from the side street lot line. 3. 4. Applicant shall provide a suitable grading plan and/or retaining wall plan which must be approved by the City staff and the City Engineer prior to issuance of the building permit for the garage. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year ol the date of Council approval, or this variance will expire on that date (June 23, 1998). Page 3 of 5 5. 6. ATTEST: 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 himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of June, 1997. Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner(s) " ^ ----------- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of June 1997, by Gabriel Jabbour & Dorothy M. Hallin, 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 SlSi'iiji'”-U, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this_______day of Public within and for said County, personally appeared known to me to be the person(s) described in and wh^executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 199___, before me a Notary Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of 199___, before me a Notary Publicwithin 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 5 From: Chair Lindquist & Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator Date:June 12,1997 Subject: #2247, Wayne Holmes, 1390 Park Drive Variance - Public Hearing Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre, sewered Application: Lot line and side street yard setback variances for construction of detached 920 s.f. accessory storage building: Pertinent Code Sections: 1. Section 10.24, Subd. 5B: Required side street setback = 35'. 2. Section 10.03, Subd. 9E: Accessory structures of footprint area 750-1,000 s.f. must maintain 15' setback from any lot line. Proposed side street setback and lot line setback: 11' at front of proposed building 2.4' at rear of proposed building List of Exhibits A - Application • B - Plat Map C - Property Owners List D - Survey E - Staff Sketch on Survey F - Building Plans G - Hardcover, Lot Coverage Review H - Topography Summary of Request Applicants propose to construct a 24.5' x 37.5' (920 s.f.) pole building at the rear comer of this 0.41 acre property. The property was granted a lot area variance for constmction of a new home in 1996, and the new home has been completed. The site also contains an existing 672 s.f. garage which is intended to remain. The new building is proposed to be placed near the right rear comer of the lot, due to site factors including topography, existing vegetation, and easy access. Hardcover, Lot Coverage Review Hardcover (35% allowed) currently exists at approximately 21%. Addition of the proposed building will increase hardcover to 26%. Addition of a 12' wide driveway to serve the new building would . I #2247 June 12,1997 Page 2 increase hardcover to 32%. The second curb cut, if proposed, would require approval of the Public Services Director. It is unclear whether applicants intend to provide a separate driveway access to serve the proposed building. It appears hardcover is and can remain conforming with this proposal. Lot coverage by structures including the proposed building will be 2,632 s.f. or 14.9%, conforming to the 15% limit. Analysis of Request The following factors have resulted in applicant's request for setback variances: 1. Topograph^' of the site. The north half of the rear yard is level, significantly higher than the street. The lot then drops off sharply to the south side, and has been graded into a terrace to accomodate the proposed building. The new house has a south facing walkout door. A steep, long driveway would be necessary to gain vehicular access to a structure centered in the rear yard at the higher level while maintaining the walkout access to the house. It should be noted that preliminary grading for the proposed building apparently was done at the time grading for the new house was completed. This grading work has resulted in minor filling in the City right-of-way however, and slopes are very steep. A grading plan showing how maintainable slopes will be provide must be submitted prior to building permit issuance if the variance is approved; and all fill must be removed from the right-of-way. 2. Existing vegetation. A 36" oak tree near the southeast comer of the house would be jeapordized by moving the front of the proposed building nearer the center of the lot. Existing lilac bushes would also be impacted. These bushes, however, do not provide significant screening in the neighborhood and in staffs opinion their preservation is not justification for a variance. 4. 5. Hardcover. Moving the building further north to meet setbacks would potentially result in increased driveway hardcover if a driveway is proposed. Storage Need. Applicant apparently has a need to provide additional storage on the site. Planning Commission may wish to explore why such a large accessory building is needed. Side Street. The side street shown on the survey as 'Forest Avenue' is an unimproved dedicated City right-of-way. This corridor provides potential future access to the Highwood nature area, and serves as a drainageway. If vacated, the northerly half of this right-of-way would accrue to applicants property, and no setback variances would be needed. However, this right-of-way should not be vacated as it may serv'e future public access purposes. 4 niAi June 12,1997 Page 3 Criteria for Determining Undue Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property can continue to be used for single family residential purposes if the variances are not granted. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unimproved side street is a somewhat unique circumstance not created by the landowner. The size of the proposed building requiring a 15'lot line setback is, on the other hand, a circumstance created by the landowner. A building smaller than 750 s.f would only need a 10' lot line setback. 3.The variances, if granted, will not alter the essential character of the locality. This large accessory building at its proposed location will have some visual impact on the neighborhood as it currently exists, but might have a a more significant impact on the low density residential character ofthe area if the side street is ever developed, which would make this building much more visible. 4.Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. There is no apparent economic Hardship to consider. 5.Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. (Not applicable in this application) 6.Tne Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. Accessory buildings are an allowed use in the LR-IB zone. Issues for Consideration 1.Planning Commission should conclude whether this size building is necessary. Will a smaller building suffice? Note that the height of the building, while unusually tall, will still be conforming. 2. Is it appropriate to allow the proposed accessory building less than 3 feet from right-of-way r #2247 June 12,1997 Page 4 3. that could potentially be a future park access road? How important is it to maintain a 35' side street setback at this location? Can the building be relocated further north to decrease the degree of variance needed? For instance, can it be angled to maintain at least a 10' setback along the entire side street frontage, while still preserving the oak tree? Would a combination of a smaller b ’.'ilding and greater setback be more appropriate? Will there be a driveway to serve this building? If so, a second curb cut would need to be approved. Staff Recommendation Staff does not recommend approval as proposed due to the potential future uses of the right-of-way. A 10' setback might be reasonable given the topography, but a grading plan showing how 3:1 or flatter slopes caii be maintained between the building and the original existing grade of the right-of- way should ‘:*q>ared, and that may suggest a somewhat greater setback is appropriate. Preserving the oak tree njay have merit; preserving the lilacs should not be a justification for variance approval. Options 1. 2. 3. 4. 5. Recommend approval as proposed. Reconunend approval with revisions or conditions. Table for additional information (specify). Recommend denial, stating reasoi^. Other \J^& f •s'i'- *2- I P 7 ' 7 \6» '1/^' ^ .sJD ‘ ( V S CP Application it Date Received Amount Paid *^3310 (p5T CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 . ($50.00 per each additional variance)' S B Renewal Variance Fee $120.00 ^ • (no change from original application) yT* Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) 1^ i PROPPigY INFORMATION ,3,^ 0ft. Site Address lots an '&lccic. i3 , Hh-l Property Identification Number (P.I.D.) o-7-m~2?> 00-72. Attach legal description to application if not included on required survey. Date Property Acquire d fe/vu_________________________________^(month/year) I (do) n^ also own the adjacent parcels of land. Present use of property; *— residential ___pother (specify). Zoning District: APPLICANT Name v\ov.»tv€.^ Address: o P<yg..^ ne______ Phone (home ) cfiz _____ Phone (work ) _____ City: rv\pur^A _________Zip: OWNER (if different than applicant) Name Phone (home). Phone (work)_ Address:City:Zip;. DESCRIPTION OF REQUEST Estimated Ck)nstruction (Tost $ io^ftOQ.Sl Describe request in detail: SioR^^Tg^feT SferOftc-ig. flg^ (attach additional sheets if necessary) VARIANCES REQUIRED ___Lot Area Lot Width Hardcover Lot Coverage Setback:Front K^Side Rear 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: AP>Ay op Pg>^P/t-»T-y _______ iK) T~t> Pf-ATT^-CS Cf^6 Wc-Ao<>e. P4ATft.vlcTie«o eP AdrTx l.iu AC- _______________]___________ (*T^ 0r>y>s4Ttj(;]. f7 ‘pcrie ________________________ (attach additional sheets if necessary) A-I r REQUIRED SUBMITTALS All ,pf the foHpwing information must be submitted bv the application deadline Hafp in order for vour application to be considered complgfp; 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required.- In addition, provide one (1) copy SYi" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide oiie (1) copy S'A" x 11" for reproduction. Sketches or plans of floor & elevation views provide one (1) copy 8'/2" 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 vour mriance gpolicatipn is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. ‘ Applicant's Signature I Date S-Zli-Ty OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. A-yi). 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 to advise tbe Building & Zoning Office of this change prior to the meeting. 8 (§!l r-^ 1/ t / r --) >A>* •• . ' <3^ • L-1-.::J0 u I (we) Adjacent Property Owners' Acknowledgement Form /AicUAfa -i of \y^ eg [print name(s)] [print address] A-2- liave reviewed the plans for the proposed improvement or proposed use of the property located at __________also referred to as Land Use Application No._________. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. /I Property Own< Q/v- Date roperty Owner Date 1J1 #<!♦♦♦♦♦♦♦♦♦♦♦♦♦♦**************************************♦ ♦♦♦♦♦♦♦♦♦* 1 (we) [print name(s)][print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ____j______also referred to as Land Use Application No._________. I (we) understand that in executing this acknowledgement, 1 (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. \ (- ih -~4r- r ^ o (31) (32) • • (83)?;v'y L <o) oi^/ f •X ^ \ JL \ V•.J \ /(85) \ I (79)❖/PARK /(56), ,4 \, / 7 \ •■?/ 9 8 (15) ?95 T(0 T (14) ^v / / '<?/ X*<-.(16) X / s ‘ \Xh/ \\<K ^ \iW ' (65) (75) 220 07-117-23 • •• . • • . •. (2) !2 55 .a/e'~2' 56 sy 147)/ ^/56 S'/ (74) (48 ^'7 / vi (49 150 Vb: * *./\ / (5) / (51 */. <52)(53 W66/ A)t:2> » ■w«;--.>iw,.«..^i ■■«. ^ .If . V- '■ ■RUN DATE 05/14/97BATCH 503PROP ADDR OHNER NAME TAXPAYER NAHE//i)DR r- PROP AODK OHNER NAME TAXPAYER NAHE/AODR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR I: • PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TA.^J>AYER NAME/ADDR • ^ • \ ’ . • 4 ♦ *•< ' I . * ■ Hirt4EPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMNERS LIST REPORT NO. P1A55A0I PAGE 836 07-117-23 41 0003 00038 ADDRESS UNASSIGNED CITY OF ORONO CITY OF ORONO BOX 46 CRYSTAL BAY ORONO MN 55323 38 07-117-23 41 006601361 NORTH ARM DR S H MALCHOH A N HALCHOH SCOTT H A NANCY HALCHOH 1361 NORTH ARM DR MOUND MN 55364 38 07-117-23 41 0069 00038 ADDRESS UNASSIGNEO DAYTON F A TERESA K LARSON DAYTON F A TERESA K URSON 1376 PARK DRIVE ORONO MN 55364 V 38 07-117-23 41 0070 01376 PARK DR D F LARSON A T K URSON DAYTON F A TERESA K LARSON 1376 PARK DR HOUND MN 55364 38 07-117-23 41 0071 01388 PARK DR MAG RASMUS MAG RASMUS 1388 PARK OR MOUND MN 55364 38 07-117-23 41 0072 01390 PARK DR H M HOLMES A J M DAHL HAYNE M HOLMES 1390 PARK DR HOUND MN 55364 • . i . ^ 4 38 07-117-23 41 0074 01400 PARK DR RICHARD 0 NORUM RICHARD 0 NORUM 1400 PARK DR MOUND m 55364 38 07-117-23 41 0075 00038 ADDRESS UNASSIGNED JATCS LANG A ARDIS NIEMANN ARDIS M NIEMANN NOONAN 364 N OHASSO BLVD ST PAUL MN 55126 38 07-117-23 41 0079 01375 PARK DR KATHLEEN A MURPHY KATHLEEN A MURPHY 1375 PARK DR MOUND MN 55364 38 07-117-23 41 0080 01365 PARK DR J K YOUNG A T L YOUNO JOm A TERRY YOUNG 1365 PARK DR HOUND MN 55364 38 07-117-23 41 0090 01355 NORTH ARM DR C TULLY A E CHALGREN C TJLLY A E CHALGREN 1355 NORTH ARM DR MOUND MN 55364 38 07-117-23 42 0038 01379 PARK DR K S NASSAUER A K NASSAUER KERRY S A KIANN NASSAUER 1379 PARK DR ORONO MN 55364 .. * « 38 07-117-23 44 0074 00038 ADDRESS UNASSIGNED VIL OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55359 TOTAL BATCH 503 00013 % •• . ' ‘<1 1 0 .1 „ //u LEGAL DESCRIPTION OF PREMISES : Lots 19 and 20, Block 13, SAGA HILL REVISED • I • t I o : denotes iron marker (99.4) : denotes existing spot elevation, assumed datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, the location of an existing house and garage, and the proposed location of a proposed shed thereon. It does not purport to show any other improvements or encroachments. 1 IT P' y' \Uf , ' ”»< 7 • *' / ^ / Sonlo^ r‘ '^30' A^PUUAfT lJr3 s i 7 :7i ■J -y .; • V , fc" *. .7 • ^}(/sriAi C. ^/V35b>lT7c3MA • siT^ //irsp. Jk /up /?<^7 o : denotes Iron marker (99.4) : denotes existing spot elevation, assumed datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property; the location of an existing house and garage, and the proposed location of a proposed shed thereon. It does not purport to show any other improvements or encroachments. AN Vi • 5- P. !»- I? ' ' '^%- W' v:- 1 NORTH/SOUTH ELEVATIONS SCALE 3/ir= r-O" TALL<r’’T^^.‘£ 0^ I1Ci:~ V* fWi BASE TRIM DE-^AIL SCALE r= r-O" . »■.* art "v ' ' /I r q * ... •- ..^Vi I• J.* i •’•. 1 *>» . fr^-rarv.o Atj ia|-l i r TRUSS TO COLUMN J PLY NOTCHED 5-30d RINCSHANKS IN TRUSS SEE ENLARGED DETAIL FOR TRIM PLACEMENT 2X6 GIRTS ® 33“ O.C. 29 GA. STEEL BASE TRIM ff32 2X8 TREATED GRADE BOARD GRADE TRT ANCHOR SYSTEM I I PRECAST FOOTING V;.} ■y « » s t >1- I « I 29 GA. STEEL 2X4 SYP PURLINS @ 23-7/8" O.C. 4Q-4-\jf TRUSS @ 7'6" O.C. ■ 6X6 SOLID COLUMNS @ 7 ’6" O.C. WALL SECTION SCALE 3/8"= I’-O - rj i.-.J r m :rr /Wo B3. 76. 2- /<^./ ^/6, / C^feT. Cv.. 2/ ?< 2^8 /^port ‘\^ !£. . 2V. r ^7' r ^ 2-^»5 2- i'rC, . 2&> 8 2. T '7^700 -r /y, 9 ^ a>s sr. As 3.4 ^*:>2. ;4 «ytt,cove«_ SZ!o '/O'^o' ^Ajt S"jS •♦3. 12.^ Z'/ fy^hv Syix:>e ^ W«-(-'O^T -iA£ y X/A ^./ S,7//JC. c"-^ , 2 / A- 2-3 ^•sCH . 'b(tiUeiM/!rv @/rx2/ ;i/c.j (5^//x27 =378 0 )'-!?</‘) . 2ii.C. ®;3x/g'2i,i/ w fod-Wt?W> V2.tx>t. port, t'2- 5i<^(Ut'rOft^/;2./8A /^3 // s^. 2^S ^4. r4. s4. (>12 jT /<^a sX ■S'JOVi:/. f n,7oo 20,*?X 9/9 .f Vi* 2-’- < / 0 C-. 5-<WF^ t |-7,7fit3 =?/.?% j r * ( I r C. Driveway X X I D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A ^ B innoO xlOO PROPOSED HARDCOVER IN 70NF. A. House Length IG X X X Width /■ G B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ~7 ?)•t- B /-?, 700 X 100 = G ) I » ZQ s F _______ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. ^30 °1 S.F. _________ S.F. a 4. % ^6>S.S.F. I (oC'i S.F. S.F. S.F. S.F. ri/^\l.7r) S.F. _____ S.F. S.F. S.F. ^ G S.F. S.F. S.F. S.F. S.F. S.F. 4573 A B S.F. A S.F. B l-loas^ ^ peOAj^'T' ^ r ^ yoo.^ i ► r r , COUNCIL MEETING REQUEST FOR COUNCIL ACTION JUN 2 3 1997 CITYOFORONO DATE; June 18, 1997 ITEM NO./A Department Approval: Name Elizabeth Van Zomeren Title City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2248 David and Jodi Rahn 1385 Rest Point Road Variances and Conditional Use Permit - Public Hearing Zoning District; LR-IB One Family Residential District (1 Acre) Lot Area:.3 acres (approximate) Application:The applicants propose adding structure to an existing residence that located within the 0-75' setback. Variances for side yard setback, lakeshore setback and hardcover in the 0-75' setback are required. A conditional use permit is also required for land alteration in the 0-75' setback. Planning Commission Recommendation To approve variances for: 1. Side yard setback to allow a second story along the south property line where 5.3' is existing and proposed and 10' is required. 2. Hardcover in the 0-75' setback to increase from 609.25 sq. ft. (9%) to 1,320.75 sq. ft. (19%) where none is allowed. 3. Lakeshore setback to add structure in the 0-75' setback where none is allowed. To approve a conditional use permit for land alteration in the 0-75' setback. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolution granting a conditional use permit and variances for side yard, lakeshore setback, and hardcover in the 0-75' setback. r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 AND SECTION 10.22, SUBDIVISIONS 1 AND 2 AND A CONDITIONAL USE PERMIT PER SECTION 10,55 AND 10.56, SUBDIVISION 10 FILE NO. 2248 WHEREAS, David Rahn and Jodi Rahn (hereinafter the "applicants") are the owners of the property located at 1385 Rest Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 23, and all that part of Lots 15 and 22, and adjacent vacated alley, Subdivision of Lot 14, Rest Point Park, Lake Minnetonka, lying Southerly of the following- described line: Beginning at a point on the Southeasterly line of said Lot 15, distant 75 feet Northeasterly from the Southeasterly comer of said Lot 23; thence Northwesterly to the Southeasterly comer of said Lot 22; thence Northwesterly on a line forming an angle of 74 degrees 55 minutes with the Easterly line of said Lot 22, to the shore of Lake Minnetonka, and there ending (hereinaft er the "property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Code Section 10.24, Subdivision 5 and Section 10.22, Subdivisions 1 and 2 to allow additional structure to be added to an existing residence. Variances for side yard setback to allow a south side yard setback of 5.3* where 10’ is required, hardcover in the 0-75* setback to increase from 609.25 sq. ft. (9%) to 1,320.75 sq. ft. (19%) where none is allowed, and lakeshore setback to allow the addition to encroach into the 75' setback the same distance as the exi ^ing residence are required. A conditional use permit for land alteration in the 0-75 ’ setback and floodplain is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2248. Page 1 of 4 r W 2. 3. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District where the minimum lot area requirement is one acre. The Orono Planning Commission reviewed this application on June 16, 1997 and recommended unanimous approval of the proposed variances and conditional use permit based upon the following unique fmdings and hardships: a. The zoning lot does not meet minimum lot area, lot width or side yard requirements. b.The existing structure conforms to the average lakeshore setback but does not meet the 75' lakeshore setback. c. 4. 5. The topography of the zoning lot is within the floodplain in the middle of the zoning lot. d. The Zoning Code allows 1,500 sq. ft. of structural coverage. e. The existing hardcover in the 0-75' setback is 609.25 sq. ft. (9%). The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variajces would not adversely affect traiflc conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council finds that granting a conditional use permit to allow land alterauon in the 0-75' setback and floodplain will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, 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. Page 2 of 4 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances for hardcover in the 0-75’ setback to increase from 609.25 sq. ft. (9%) to 1,320.75 sq. ft. (19%) where none is allowed, to allow a side yard variance for the second story to be located 5.3' from the south property line where .".3’ • existing and 10' is required, and to allow a lakeshore setback at the same distance from the shoieline as the existing residence where 75' is required per Municipal Zoning Code Sections 10.24, Subdivision 5 and Section 10.22, Subdivisions 1 and 2; and grants a conditional use permit for land alteration in the 0-75’ setback and floodplain per Section 10.56, Subdivision 10 and Section 10.55 to permit an addition to an existing strucuire located within the lakeshore setback on a zoning lot that includes floodplain, subject to the following conditions; 1. 2. 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 and land alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (June 23, 1998). 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 auJ 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 23rd day of June, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 3 of 4 r STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 23rd day of June, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, and said instrument executed on behalf of the City. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. Notary Public 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) descried in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) P . and deed. STATE OF MINNESOTA ) %1 COUNTY OF HENNEPIN ) ss. On this day of Notary Public 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 ihe foregoing instrument, and acknowledged that he (they) executed the same as his ftheir) free a?t and deed. Notary Public Page 4 of 4 r TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Liz Van Zomeren, City Planner/Zoning Administrator June 12,1997 SUBJECT: #2248 David and Jodi Rahn, 1385 Rest Point Rd. Variance(s) and Conditional Use Permit-Public Hearing Tuning District: LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:.3 acres (approximate) Application: The applicants propose to construct an addition to an existing structure and restore an existing deck and screen porch. A conditional use permit is required for any alteration or excavation in the floodplain and 0-75' setback from the shqreline. Variances for hardcover in the 0-75' setback, lakeshore setback, and side yard Sf.it':ck are required. Pertinent Ordinances: Section 10.24, LR-IB One Family Lakeshore Residential District Subd. 5. Area, Height, Lot Width and Yard Requirements. Section 10.55, Flood Plain and Wetlands Management. Section 10.56, Shoreland Management. Subd. 10. Land Alteration & Building Permits Required. Section 10.22, Subd. 1 and 2, Lakeshore Setback and F ardcover Regulations U2248 David and Jodi Rahn 1385 Rest PL Rd, 8/16/97 Pag^X 4 ANALYSIS Lot Area and YflrH«;[ LR-IB District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 1 acre 140 ft.35 ft.10 ft.30 ft. Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside .3 acres 89.86 ft.95 ft. app.5.3 on south 33 ft. app. The zoning lot does not conform to lot area, lot width, side yard setbacks or lakeshore setbacks. Vjiriances are required for lakeshore and side yard setbacks. Structural Coverage The applicants propose to increase the amount of structure on the lot, from 609.25 sq. ft. to 1,320.75 sq. ft. The zoning lot is allowed 1,500 sq. ft. as a lot of record. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0’-75’6,750 sq. ft.609.25 (9%) none 1,320.75 sq. ft. (19%) 611.50 sq. ft. 19% 75’-250’100.4 25%none none 250'-500' 500’-l,000' A hardcover variance to add structure in the 0-75' setback is required. tt2248 David and Jodi Rahn 1385 Rest Pt.Rd. 6/16/97 Page 2 STATEMENT OF HARDSHIP The applicants have stated that relocation behind the 75' setback would require major floodplain alteration and excavation. The applicants believe that squaring off the existing cabin will result in minimal excavation and alteration of the floodplain. Criteria for Determining Undue Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The existing structure was used as a cabin. It can continue to be used as a cabin. The applicant should provide testimony as to the inadequacy of the structure for year round inhabitation. 2. The plight of the landoumer is due to circumstances unique to his property not created by the landowner. The zoning lot does not meet lot area, lot width or side yard setback requirements. The structure does not meet the 0-75' shoreline setback. Any additions in building footprint will add structure in the required 0-75' setback. 3. The variance, if granted, will not alter the essential character of the locality. TTie variance for lot area, lot width, side yard, and hardcover will change the character of the lot. However, each zoning lot may have a 1,500 sq. ft. building footprint. 4. 5. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. Economic factors are not a consideration with this application. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. I Solar access is not a consideration. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. ^2248 David and Jodi Rahn 1385 Rest Pt.Rd 6/16/97 Page 3 8. A residential structure is a permitted use in this zoning district 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. Many of the lots in this area are not conforming as to lot width and lot area. Several of the residences were constructed within the 0-75' shoreline setback. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Some of the zoning lots in this area do not meet minimum lot area requirements. 10. The granting of the application i? necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants will need to provide testimony regarding the need for the variances based on preservation of their property rights and use and enjoyment of the zoning lot. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The existing structure is located within the 0-75' setback, and 5.3' from the south property line. Much of the zoning lot is impacted oy the floodplain contour. Issues 1.The zoning lot does not meet lot area, lot width or side yard requirements. The existing structure conforms to the average lakeshore setback but is within the 0-75' setback from the shoreline. U2248 David and Jodi Rahn ! 585 Rest Pt.Rd 6/16/97 Page 4 I f r Jv 2. 3. Much of the zoning lot is below the 931 flood contour. There was a lot of interest in this property when it was gently list^ for SS^etorment of the lot is severely restricted by the floodplain. Tlte apphcant has proposed minimal land alteration. 4.The structure was remodeled in 1988. No previous variance requests are noted in the street file. STAFF RECOMMENDATION 1. 2. To amend or approve: A condiUonal use permit for land alteration in the 0-75' setback and floodplain. A hardcover variance in the 0-75 ’ setback to increase ftom 9% to 19% wheie none is allowed. A lakeshore setback is required to add structure the same distance from the shoreline as the existing structure. A side yard setback to aliow the existing structure to have a second floor where 5.3' is existing and proposed where 10' is required. 3. 4. Attachments A B C D E F G H I Application Location Map Plat Map Hardcover Calculations Topographical Map Floor Plans Elevations Permit Record Pictures of Lot §2248 David Mid Jodi Rahn 1285 Rest Pt. Rd. 6/16/97 Pages •'■i AppUcation » Date Received S * ZS—^"1 Amount Paid ^ giJxa _____ CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address Pf. » ^ !Ci Property Identification Number (P.I.D.) <77//*7? / Attach legal description to ^plication if not included on required survey. Date Pmpf»rtY Acquired ___________________________ I (do) (do^^^also own the adjacent parcels of land. Present use bfproperty ; _f^|jesidential ___pother (specify)_________ Zoning District: IS____________________________________ .(month/year) APPLICANT Name D^:o Address: //J? V I I OWNER (if different than applicant) Name Phone (home) 4^7^-7-vs«_____ Phone (work ) City: _ Zip: Phone (home). Phone (work)_ Address:City:.Zip:. A DESCRIPTION OF REQUEST Estimated Construction Cost _____ Describe request in detail: ____________________— Da'./c. /Srr,^_____ ^ t « t « .f • X.(attach additional sjieets if necessary) VARI^CES REQUIRED ^^''LOt Area Lot Width t^Hard cover Lot Coverage Setback: Front Side Rear Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe imdue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: SeiAit^af "7^^ LA^O<jic/ (attach additional sheets if necessary) /k REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date_in order for your application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. 4^^ Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 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‘/a" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy ZYi' 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. 7 Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that ypHic 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 iii review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Date ^ y^3 / ^ OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature n.,e / T1 / 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, ple^e 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. 8 i..- I . * ^=><S)10'0.000’ENTRY OECK 29'6.00(>BATHROOA•-7 *0.000* PU/V> HOUSE •—8*0.000* S LIVING ROOn 4'ir^ C,2^.S EXISTING 14*6.000* PROPOSED fS fl .7 • •' •; {'% v.‘ ;•/y -y a.w :.-i : 29*6.000* *. 'Aft*' IQ IQ ! !■:'■- '! ♦- •-6 •6.000-10*0.000- ------*^7-0.000- ./' '♦*^ 0 y ’•)V o . V*'J *' *' A % •.*•* REAR ELEVATION left elevation . ..'Si .i Lr. r '/^esr- 16/ni- hccid PERMIT RECORD Permit No Date Type of Permit :?^7/^ 7«J :sPJ31 ?'3*7D 3J^hSi.......................... ^iE(s /osiU ' ______Pyy7i^t^J~J .• . . . • • • • • r ! r i . r r \ REQUEST FOR COUNCIL ACTION ^*^ncimeetinq 2 3 1997 CnVOFORONO DATE: June 19, 1997 ITEM NO.; Department Approval: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: 11^2249 U. S. Marshal, 2245 French Lake Road - Variance - Resolution Zoning District: RR-IB, Single Family Rural Residential, 2 acres, unsewered. Application: Request for lakeshore setback variance for on-site sewage treatment system. List of Exhibits A - Resolution B - Memo and Exhibits of 6/3/97 Please review the memo and exhibits of June 3rd. Briefly, this property has a non-conforming septic system due to lack of separation from the seasonal water table. The only feasible location for replacement of the existing system is 97' from the OHW of French Lake, where a 150' setback is required because French Lake is a defined Natural Environment Lake. There are no feasible alternative locations for a new septic system on this property. Staff is of the opinion that the system in the location proposed will have a positive impact on the quality of French Lake by replacing a non-conforming system with one that is conforming to the required vertical separation. Planning Commission Recommendation Planning Commission recommended approval on a vote of 5-0 at their June 16th meeting. Stan’ Recommendation Staff recommends approval per the attached resolution. COUNCIL ACTION REQUESTED: Adopt the attached resolution. Proposed Motion; Moved by ________, seconded by _______, to grant a variance for septic system lakeshore setback for 2245 French Lake Road. Vote: _____ayes,______nays. r A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) FILE #2249 WHEREAS, the United States Marshal (hereinafter "the applic^t") is ON^er of the property located at 2245 French Lake Road within the City of Orono (hereinafter "City’) and legally described as follows: Lot 1, Block 1, Johnston ’s French Lake, Hennepin County, Minnesota (hereinafter ’’the property’’); and WHEREAS, the applicant has applied to the City for a variance to Municipd Zoning Code Section 10.56, Subdivision 16 (C) to permit the construction of a new septic system to be located 97 ’ from the shoreline of French Lake where a 150’ setback is normally required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File #2249. The ,.roperty is located in the RR-IB, Single Family Rural Residential Zoning District. The Orono Planning Commission reviewed this application on June 16, 1997, and recommended approval of the proposed variance based following findings: A. The property contains a non-conforming septic system due to lack of drainfield separation from the seasonal water table. Page 1 of 4 4. B. The only feasible site for replacement of the existing system is 97' from the Ordinary High Water mark of French Lake. C. Zoning Code Section 10.56, Subdivision 16 (C) requires that any septic system be located at least 150 ’ from a Natural Environment Lake. The property was developed prior to adoption of the 150' setback, and the configuration and layout of existing improvements on the property make it impossible to locate a septic system at a conforming location on the property. D. The proposed system has been designed to meet all the pertinent State standards. E. Granting of the proposed variance will have no impact on neighboring properties and will have a positive impact on the quality of French Lake by allowing the replacement of non-conforming septic system with one that is expected to provide adequate sewage treatment in all anticipated ground water conditions. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the conununity. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (C) to permit the construction of an on*site sewage treatment system located 97' from the shoreline of French Lake where a 150' setback is normally required, subject to the following conditions: 1. 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 (June 23, 1998). 2.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. 3.The undersigned applicant has read, imderstood and hereby agrees to the terms of this resolution and on behalf of itself, its heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of June, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 3 of 4 STATE OF MnSfNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 23rd day of June, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. Notary Public On this day of j, 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 (Aey) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Notary Public 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 I i TO: FROM: DATE: Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administration Michael P. Gaf&on, Asst. Planning & Zoning Administrator June 3,1997 SUBJECT: #2249 U.S. Marshal, 2245 French Lake Road - Variance - Public Hearing Zoning District: RR-IB, Single Family Rural Residential, 2 acres, unsewered. Application: Request for lakeshore setback variance for on-site sewage treatment system. Pertinent Code Section: 10.56, Subd. 16 (C): Required on-site sewage treatment system setback fiom Natural Environment lake is 150'. Proposed setback = 97’. French Lake was designated as a Natural Environment lake in 1992 per Ordinance No. 101,2nd Series. The septic system setback which would have been adhered to prior to 1992 was 75'. Lbt of Exhibits A - Application B - Plat Map C - Property Owners List D - Survey E - Site Plan F - Topographic Survey G - Excerpts from System Design Approval Discussion This property was identified in 1994 as having a non-conforming septic system due to lack of separation from a seasonal water table. A site evaluation was completed in April 1997, indicating that the only feasible site for replacement of the existing system is 97' from the OHW of French Lake. The 1992 Sfr.reland Ordinance defines French Lake as a Natural Environment lake, requiring a 150' setback for sewage treatment systems. There are no feasible alternative locations for a septic system on the property, hence there is a significant and obvious hardship. The only reasonable alternative to variance approval is to grant approval for use of a holding tank, which is not advisable due to pumpout enforcement difficulties and the extremely high cost to the property owner. The proposed syster. has been designed to meet all other pertinent State standards. It should be noted that while the 150' lake setback is a zoning standard requiring the normal variance process. ^ ■ > , f I ■ • 4 ; } Zoning File #2249 June 3,1997 Page 2the allowance for a 10' side lot line setback (rather than the 20' required by City code) is an administrative variance granted by staff because it is not a zoning regulation. It is staffs opinion that granting of the proposed variance will have no impact on neighboring properties, afA will have only a positive impact on the quality of French Lake by allowing the replacement of a non-conforming septic system with one that can be expected to provide adequate sewage treatment in all anticipated ground water conditions. Also note that for Lake Minnetonka, the State required minimum septic system setback is 50', while the City more than two decades ago chose to require a minimum 75' setback instead. Staff Recommendation Staff recommends approval of a 53' variance to allow the septic system for 2245 French Lake Road to be located 97' from the OHW of French Lake. Options for Action 1. Recommend approval as proposed. 2. Recommend tabling (state reasons). 3. Recommend denial (state reasons). 4. Other. i Application # iDate Receiyed SL'JMIAmount Paid 4 X'TAcUi^OQ idCITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance)Renewal Variance Fee $120.00 7T” ^(no change from original application^nTT* ^ Variance for non-conforming structures %220.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION^ • —- ft § s tOPERTY INFORMATION^ / / j /? I Site Address 3. lu 96 , Property Identification Number (P.I.D.) lQi/'7fk3AdiOO(y ______________ Attach'legal description to application if not included dri required survey. Date Property Acquired yropev4*^ Cu»^^i/Ulc [s .__________(month/year) I (do) (do not) also owii the adjacent parcels of land. Present use of property; _presidential ___mother (specify)____________________ Zoning District:. APPLICANT Name Ke^f/y \\iAlln/£Ur, Address: J>u /jU ,jcy. OWNER (if different than applicant) Name U- f. Ckg / Address: //5 - City:. Phone (home ) Phone (wo±)________________ _________Zip: 5T4^/ r Phone (home ) ^ 14^:. _____ Phone (work ) ^ rMy Zip: DESCRIPTION OF REQUEST Estimated Construction Ck>st $________ Describe request in detail: \J Qjr\0.f\CJ3, \nrrvU^ rACiS^j^ -fryiK ISCi -fo IcUy (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage Average Lakeshore X Other (specify) 'Se-HjgcL fetr> n^Jthiygl fak-e, HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: ~TP)d is 3(b ra4P)e>rfeo' -froryx rvi-h-i^) 1 (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order lor vour application to be considered complete: 1. 2. 3. 4. 5. 6. 7. 8. X Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SVi" x 11" for reproduction. S^TPTLC- Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'A'' x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy SYi" x 11"). List of the legal names (include marital status) of all persons \vith an interest in the property. This would include name(') of applicant(s) ii not current owner(s). As an addendimi to this application, please attach a separate list of any other persons you wish notified of thi.' 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 tryJ^"'ahd correct to the best jof his/her knowledge. Applicant's Signature Date y OWNER'S SIGNATURE The owner hereby acknowledges and agre^to this application and further authorizes reasonable entry onto the property by City staff, cpn^Ult^s, agents. Commission members, and Council members for purposes of inves^ation/^d/^i^fic^ijon of this request. Owner's Signature^.,?^^^^ Applicant must have/^11 submittals into the City offices 25 days before the Planning Commission Meetiijg; Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings th'e 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. 8 r I Gopher State One Call B Ticket No: 212311 Send To: CORDND01 Seq No:LBRQ ROUTINE 13 Map Ref: Transmit Date: 6/11/97 Original Call Dale: 6/11/97 Work to Begin Dale: 6/13/97 Time: Time: Time: 2: 40 pm 9:20 am 9:30 am Op: sieve Op: sieve Company : IRRIGATION BV DESIGN Contact Name: LORI F Alt. Contact: TIM M Phone: (612)540-0264 Phone.’ Ext.: 2 Type of Work: INSTALLATION OF UNDERGROUND SPRINKLER SERVICE Work Being Done For: DALE WARNER Explosives: N Duration: 2 DAVS R. 0. W.' N Place: WAVZATA ClTVState: MN County: HENNEPIN Address: 375 Street: WAKEFIELD RD Nearest Intersecting Street: OLD LONG LAKE RD Location of Work: MARK THE ENTIRE LOT Remarks: CALLER STATES MARK ONLV THE MAINTAINED AREA(WHERE IT IS MOWED)I ( ^^1 rnmmm'iem -^xr-RUN DATE 05/23/97 BATCH 506 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST•PROP ADDR ONT^R NAME TAXPAYER NAME/AODR.! .. ^38 10-117-23 21 000602195 FRENCH LAKE RD N SINKLER III A M G HARRIS HHARTON SINKLER III A MARGHERITA G HARRIS P 0 BOX 67CRYSTAL DAY MN 55323 PROP ADDR ONNER NAME TAXPAYER NAME/AODR 38 10-117-23 22 0012 02250 FRENCH LAKE RO PETER L HASSELQUIST PETER L HASSELQUIST 2250 FRENCH LAKE RD HAYZATA MN 55391 PROP ADDR OHNER NAME TAXPAYER NATffi/ADDR 38 10-117-23 23 0005 00038 ADDRESS UNASSIGNED R C A N LUX ROBERT C A NANCY LUX 1209 FRENCH CREEK DR HAYZATA MN 55391 I ' * > * •• • i . .» jV,-;- V *. • V.v ‘ -• . ' ' . ■ - - ‘ . . .• V. . •. ; *: • * • • * . • V.* . Vt : • . • REPORT NO. PI935401 PAGE 3038 10-117-23 22 000602265 FRENCH LAKE RD DOUGLAS 8 DEMALIGNON DOUGLAS DEMALIGNON BOX 97LONG LAKE MN 55356 38 10-117-23 22 001102285 FRENCH LAKE RD R H LANDIS ATE LANDIS RICHARD H LANDIS 2285 FRENCH LAKE HAYZATA MN 55391 38 10-117-23 22 0015 00038 ADDRESS UNASSIGNED R H LANDIS ATE LANDIS RICHARD H LANDIS 2285 FRENCH LAKE HAYZATA MN 55391 38 10-117-23 22 0017 00038 ADDRESS UNASSIGNED RAJ DAYTON ROBERT J A JOAN L DAYTON 1 FRENCH LAKE RD HAYZATA MN 55391 TOTAL BATCH 506 00007 '.V. .i •V i;':} I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNOHLEDGE AND BELIEF DATE • • i *• r I i ; ♦ •• •1 • U.5>. MAK5HALL' S OFFICEOF LOT 1. BLOCK 1, JOHNSTON' S FRENCH' LAKE HENNEPIN COUNTY. MINNESOTA N BB*40' E 8*^2 * £2Lc. js^ V.. ^OL •» i LEGAL PgSCRPTIQN OF PREMISES : Lot 1, BUick 1. JOHNSTOrr S FRENCH LAKE o : dtnotos iron morkor BeorinQs shown ors based upon on^oasumed datum. This survey intends to show the boundaries of the above describ^ property, and the location of an existing house and goroge thersoa It does not purport to show any other improvements* encroochments. OC9MDSV itviuaN OATT . IMUWNSV Coffin & gronberg, Inc.Ihni^n'iTftih*llul IhKMir\v\ wjtsprvpimlb>-swivunJrr my dlrrrt uiprr* i-blufi. sod Ihil Imi 4 duly rqpsirrvd LIvtl Lni^liimsed Lind Siinfrywr under the Uw% ol Ihr SUIe uf MinneauU ^__V (a;/Vs EXHIBIT Certificate of Survey for Business, Inc, ’of Lot 1, Block 1, Johnston’s French Lak Hennepin County, Minnesota. PROPOSED lA/ REO rSA/cE r\u r/*P’ •• • A/C// L A K£ • ^ certify that thic. is a true and correct representation of .. a sxirvey of the boundaries of Lot 1, Block 1, Johnston’s French Lake, and the location of all existing buildings, and an existing tennis ..court thereon. It does not purport to show other irtproveaents or .*• encroachoants, ' ’ • ' *.•*•- • • h *.k ,?. [7^i©sowirfi 1 ■; DEC-J 1982. -CITYOFORONO V t • 5s__fJ L ^v^• • - 1 0----' >4 I : •Jl ■ k A CITY OF ORONO ^ 612A730510 05/18/97 11:51 0 :02/02 N0:803 ).0 CITY OF ORONO SEPTIC SYSTEM APPROVAL CITY of ORONO Munldpal Ofltccs PoMOntMBoxM Crytul Dt;, MI iukm U 5J313-0066 8 LOCATION' 224 5 French Lake Hd OWNER: U. S. Marshall's GENERAL CONTRACTOR:SEPTIC CONTRACTOR: SITE EVALUATOR: non * a Backhoe The City of Orono has Approved April 25, 1997, revised ____^REPORT DATE: May 16, 1997_________ your on-site system design as of May 16, 3997 (approved-disapproved) (date) wWi ll« following coinmems: Varinnees are granted for a ten foot setback from the drainfield to the property line <20' required) and a 97' setback from the dra infield to a natural environment lake (150' required). Additiona1 plumbing work will be required to connect all sewer lines to the new systen Also, the tanks must be at least 5' from the drainfield. THIS IS NOT A PERMIT. This Is a design approval form which must accompany the site plan. A permit must be issued to a licensed septic contractor prior to installation. A list of currently licensed septic contractors is enclosed. NOTICE TO INSTALLERS: Any changes to the approved plans and specs must have prior approval of tltc Inspector (473-7357). Call for inspections 24 hours In advance. ALL DRAINFIELD AREAS MUST BE FENCED OFF prior to building site excavation and fencing must remain in place until final site grading. Approval to pour footings will not be granted until the Inspections Department has verified that primary and alternate sites are adequately protected. NO VEHICULAR TRAFFIC OP ANY KIND (cars, trucks, earth moving equipment, etc.) is allowed within 20’ of tested drainfield 5itc,s cither before or after system construction. Compaction of these areas could render them unusable prohibiting the timely completion and or limiting tiie long term use of the property. A site copy will be available at the City Offices for the septic contractor. CITY OF//ORONO StephenWeekman, On-sile Systems Manager Tra.ErHONE-47J-73S7 • rAX-47M3J0 sad om crry of oronoSEPTIC SYSTEM APPROVAL location * Firanch Laka Rd CITYof ORONOMunldjMlOfBcts Put Office Box 66 ‘ Co^ Bay, Minnesota 59234)066 OWNER:U. S. Marshall's GENERAL CONTRACTOR:- SEPTIC CONTRACTOR: Don's Backhoe SITE EVALUATOR: ® Backhoe REPORT DATE: 25, 1997 The City of Orono has Approved • . * • • _____________on-site system design as of May 1, 1997 (approved-disapproved) . (date) with the Mowing comments: design is approved with variahees for a ten foot setback from the property line and a‘97* setback from.a natural environinent lake (a 150* setback required),. Additional plunibing work must be performed to connect all-sewer ^ines to the proposed system. THIS IS NOT A PERMIT. This is a design approval form which must accompany the site plan. A permit must be issued to a licensed septic contractor prior to installation. A list of currently licensed septic contractors is enclosed. NOTICE TO INSTALLERS: Any changes to the approved plans and specs must have prior.approval of the Inspector (473-7357). Call for inspections 24 hours in advance. , . ALL DRAINFIELD AREAS MUST BE FENCED OFF prior to building site excavation and fencing must remain in place until final site grading. Approval to pour footings wi.'l not be granted until tlie Inspections Department has verified that primary and alternate sites are adequately protected. • • NO VEHICULAR TRAFFIC OF ANY KIND (cars, trucks, earth moving equipment, etc.) is allowed within 20*’ of tested drainfield sites either before or after system construction. Compaction of these areas could render them unusable prohibiting the timely completion and or limiting the long term use of the property. • * , • • * • • A site copy will be available at the City Offices for the septic contractor. CITY OF ORONO By Stephel nan. On-site Systems Manager TELEPIIONE-473-7357 • FAX-4734)S10 ‘ o ^PERCOLATION TF-STmiMOUND SYSTEM DESICN» . -' V U.S.Marshalijervice.■ 574 U.S.Couithouse‘ 110 S. 4th StreetMinneapolis, MN 55401 Att. Kelly Sullivan ♦♦SITE:2245 French Lake Road Orono, MN ^ ♦ PREPARED BY: DON'S BACKHOE AND EXCAVATING, INC 11S85-110TH STREET COLOGNE, MN 55322 (612)466-2667 M.P.C.A. LICENSE # 644 April 25, 1997 DESIGN REOinRF.MF.NTS Construct a Mound system based on an estimated water usage of750 per day. 750 g.p.d. X .83 sq. ft. g.p.p.d. = 630 bed area-minimum design size.-^ Design size 10 X 63 rock bed ivith a downslope of 23'-34’, sideslopes of 11'-15‘, upslope of 10'. Tanks that are reouired 2-1250 gallon tanks 1-1250 gallon pump tank r^mrtdi note that all materlalsjnust be confirmed for proper depth on the site. Clean washed sand as specified m MN 7080 335 tons Clean washed 156" aggregate rock 33 tons Sandy loam for covering mound 35 tons Loam dirt for the side slopes 156 tons PRE-CONSTRUCTION PROCFfyURE FOR THIS SITF- The plumbing in the house must be ic/outed to the western outlet by a professional plumber. All others must be capped. Ail existing septic tanks must be located, pumped clean, and filled per code. The designated trees on the draifield site must be removed with as little trafiSc on the septic site as possible. Please call the city inspector before the tree removal takes place. Construction proceedures for the on-site treatment avatemr Follow the stricter of the city codes, Minnesota Chapter 7080 for installation of this system, and design components for the installation. . MAINTENANCE; Pumping the tanks every 2 ye^rs will extend the life of vour system! . #«JBninage and final Lan^ccapinp V 'AH surface waters must be kept away from the mound area, - - 'around*the base, buti^ on*topT^^ molmd IfTod ^hnibbeiy can be plantedhay and seeded as to^venUiSsiom ^ ^^all be covered withA water meter may be installed to measure aU water entering this system. . GENERAI. foUowed in order for the system to perform up to the designed REFERENrrs Home Sewage Treatment University of Minnesota Agriculture Extension Service Dave Gustavson Extension Engineer and Orono System Ordinance and Mirmesota Pollution Control Agency Rules and Standards Chapter 7080 ^0“ «■« Orono pI«uUng »d Sincerelyi Don ’s Backhoe^d wcavating, Inc. • * XV.. .. •• *.. *,r.- r T . T^.*;• « - — r.Lg»*TT> •^—1 i,: . COUNCIL MEETINQ JUN 2 3 1997 REQUEST FOR COUNCIL ACTION CTTYOFORONO DATE: June 18, 1997 ITEM NO.: / 3 Department Approval: Name Liz Van Zomeren Tttle City Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: ^250 Maureen Bellows for Steve and Ellen Poltnsky, 1900 Fox Ridge Road, Rear Yard Variance for Garage and Porch Addition Zoning District: RR-IB, One Family Rural Residential District (2 acres) Lot Area:57,143 sq. ft. (1.32 acres) Apphcation: The applicant proposes to add a third stall to an existing attached two car garage and 5' to an existing porch, A variance to encroach into the rear yard 12' and 15’ where 50' is required. Planning Commission Rec IJIIMIlendation To approve a variance and reduce the rear yard to 35' (at garage) and 38' (at porch) where 50' is required. COUNCIL ACnON REQUESTED: To approve the attached resolution. r ;, A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 FILE #2250 WHEREAS, Steve Polansky and Ellen Polansky (hereinafter "the applicants") are owners of the property located at 1900 Fox Ridge Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 5, Block 1, Fox Ridge, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the CiU for a variance from Municipal Zoning Code Section 10.28, Subdivision 5 to add » li'Jrd .jtall to an existing garage and to extend an existing porch 5'. A variance to reduce ihc required rear yard from 50’ to 38' (porch) and 35' (garage) is required. Minnesota: N^W, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2250. The property is located in the RR-IB, where the minimum lot area requirement is 2 acres. 3.The Orono Planning Commission reviewed this application on June 16, 1997 and recommended approval of the proposed variance based upon the following unique findings and hardships: A. The zoning lot does not meet the minimum lot area, front or rear yard requirements. Page 1 of 4 r f B. The zoning lot is an iiregular shape. C. The topography of the let is steep at the rear and side yard. D. There are utility poles and easements on the zoning lot where new construction cannot occur. I E. Septic sites on the zoning lot must be protected. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the following above findings, the Orono City Council hereby grants a rear yard variance to add a third stall to the garage and a 5' addition to an existing porch to reduce the rear yard to 35' and 38' where 50' is required per Municipal Zoning Code Section 10.28, Subdivision 5, subject to the following conditions: 1.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 wall expire on that date (June 23, 1998). Page 2 of 4 ! 1 : 1 2.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. 3.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23th day of June, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 23rd day of June, 1997, by Gabriel Jabbour & Dorothy M. Hallin, 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 3 of 4 Jillthr I *1 • s STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199 ___, before me a Notary Public within and for said Coun^, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (diey) executed the same as his (their) free act and deed. Notary 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 TO:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Liz Van Zomeren, City Planner/Zoning Administrator DATE:June 12,1997 SUBJECT: #2250 Maureen Bellows for Steve and Ellen Polansky, 1900 Fox Ridge Road Variance(s)--Public Hearing TiOning District: RR-IB One Family Rur^ Residential District (2 Acres) square feet (1.32 acres) Application: The applicant requests a rear yard setback variance to extend a porch by 5 ’ and add a third stall garage. Pertinent Ordinances: . Section 10.28, RR-IB, One Family Rural Residential District, Subd. 5, Area, Height, Lot Width and Yard Requirements. ANALYSIS T.ot Area and Yards \ RR-IB District Standards Lot Area 2 acres Lot Width 200 ft. Front Yard 50 ft. Side Yard 30 ft. Rear Yard 50 ft. Subject Property Lot Area and Yards Lot Area 57,143 sq. ft. Lot Width >200 ft. Front Yard <50 ft. Side Yard >30 ft. Rear Yard <50 ft. K250Maunen Bellows (Sieve A Ellen Polansky) 1900 Fox Ridge Road 6/16/97 Paget r The zoning lot conforms to lot width and side yard requirements. The existing residence encroaches into the front and rear yards. The lot does not meet the minimum lot size. STATEMENT OF HARDSHIP The applicant has indicated that the lot is an odd shape with very little buildable area. The existing structure encroaches into both the front and rear yards. The hardship is the shape of the buildable area. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The structure can continue to be used as a residence. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The landowner is limited by topography, an unusual shaped buildable area, septic sites, and utilities. 3. The variance, if granted, will not alter the essential character of the locality. The variance for rear yard setback will not change the character of the area. 4.Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists imder the terms of this chapter. Economic factors are not a consideration with this application. 5.Undue hardship also includes, but is not limited to, inadequate access to dii :ct sunlight for solar energy systems. Solar access is not a consideration. 6. The Board of Appeals and Adjustments or the Council may not perm ’* as a variance for any use that is not permitted under this Chapter for the property in the “ue where the affected person's land is located. The proposal to expand the porch and add a third stall are allowed residential uses, U2250 Maureen Bellows (Steve <1 Ellen Polonsky) 1900 Fox Ridge Road 6/16/97 Page!t t 7. 8. 9. 10. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Not applicable. The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. This lot is unusual in its shape and the location of the structure on the zoning lot. The conditions do not apply generally to other land or structures in the district in which said land is located. Other lots in the cul-de-sac are unusual in size and shape. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The property owners will need to provide testimony regarding their need to add a third stall and to extend the porch. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. The variance will not impair health, safety, comfort or morals. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The lot area is substandard and the existing residence encroaches into the front and rear yard because of the unusual shape of the lot. The zoning lot does not meet the minimum lot area or front and rear yard requirements, 2. The topography is steep in the rear and side yard. The rear yard has several trees that will screen the garage stall from the rear. *2250 Maureen Bellows (Steve A Ellen Polonsky) 1900 Fox Ridge Road 6/16/97 Pages Application # Ci_____Date Received Amount Paid —•CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00($50.00 per each additional variance) _ / / /^****^ Renewal Variance Fee $120.00 Tr k Jj (no change from original application) iff -iS Variance for non-conforming stmctures $220.00 r After-the-Fact Fees (Double application fee) I. * '7' i* :V** • V * ' *' *j PROPERTY INFORMATION - SiteAddress / Property Identification Number (P.I.D.) 03~J/7-2.i /a _____________ Attach legal description to application if not included on required survey. cos’ ^cck. oof DatePropsilSiAcquired_________________> _________________^(month/year)?^^PlP&B I (do) no^also own the adjace^ parcels 6i land. Present uSg-^property: \xf esidential ___pother (specify)______________________ Zoning District: K R. ! B> APPLICANT Name t4' Phone (home)_ Phone (wodc)_iNamc ^ _________ rnone^i Address: fa\’ "^f^QXXs'. 3*^60 U/tt3Z\-4wnf\. “RJi Ortsy^^ OWNER (if different than applicmt) Phone (home) Name •*" ,_____ Phone (work) X ff Pin s^s-c, Aw/ ^y^-j.o3r" Address: DESCRIPTION OF REQUEST Describe request in detail: fgaai ATO Ttiigp i«WfcHep /?/>Zip: .5T-j Estimated Construction Cost $ OOP______ >B0LM2feP. (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback:Front Side Lear Lot Coverage Average Lakeshore Other (specify) HARDSfflP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe imdue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:TH€> Afe*/ TH6 art. f=HAPEp Wit^ vee>r umB BuiicAfeiBAgeA.iH6 ^{gnia,snaunuis . ^ ziw.Ptcn FmjrTD E6^.;yTfepiL i.iuBs.TO6niMMee. lAJifctta^ 1Pexisjp itiS P/m< e' 4 ACP A STAtUf^IPimeP g»f€/i^6.T«Bee At6 KJO OlH^ lOfeVCW- 6H£HCeS> ID (attach additional sheets if necessary) K>C6 TtlBSB 81EiierUJ£&.TM6«ef=ees , we naeosHip is thb me buup, /Ws: ’ REQUIRED SUBMITTALSAll of the fnllnwing information must be submitted applicatiQp deadline date inorder for vow** application to be considered comPlctCt1. Completed Application Form , , , / 2 Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). 3 Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8/2 x 11 for 4 Topographic survey (existing and proposed elevations) if any changes in existing — graL are proposed In addition, provide one (1) copy 8‘/2" x 11" for reproducU^ 5 Sketches or plans of floor & elevation views (provide one (1) copy 8/2 x 1 ). c List of the legal names (include marital status) of all persons with an interest m the property. This would include name(s) of applicant(s) if not current owner(s). 7. As an addendum to this application, please attach a separate list of any ot er persons you wish notified of this application, g __ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that year Urntinn is nnt comnlete if the above information has BPt pccn incm.q£.»^t provide all information required or ^ AdmMstrator, agrees to pay additional fees (staff time not coveted by original fee ^"onsultarft expenses incurred in revierv of tlris application and certifies that the information supplied is true and correct to the best of his/her knowledge. m owner hereby acknowledges and agrees to this application and f^er entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature . Date rAc/fJ Annlicant must have all submittals into the 4ily offices 25 days before tbe Plannmg . ^“■7"Zpt:b musTSfpr^^^^^^^ offte^Loiog month.^ -Ji^and Council If^an applicant is unable to attend a scheduled meeting, ple^e ■■ '^“^rntts? f^-an aIori«d agent attend in your place and to advise the Buildmg . • ’ & Zoning Office of this change prior to the meeting. . 8 t • t a .9 __:.ecjpse^ £ a«ouc:€wtTM^tftj^Bfcju flpcvice uetv6<*eCK». FEe- FW>9 EtajAmUS ■ ^ 'v.WWDCV^' V*.gu» SEW I -e-TM/u • .:* ■ .: U»j^,5K>«i£»j ec& riLip CQ--M Mclvi'BJPY 5~ / 1 T .1 WJOt t ^ ,. UV1KJ&iMiM •• Li •^1.------VJ1 ‘F€Ka&FQ-CVeEXETMS.. r---ti EMirr PMiNJfe* Fcap-1 POE. c©ve, m4 (223^4 fl*e-. 2 vv X. woa> #i!W gxe5~iKi6» 2 g^VfVsga. I I f£F\:7.£SxsnK^ fa=lA:e w/ssy v^ca: FEf^OA-J^i^JCPrAr 132:^. —--------------------------------------------------------------" •' ■■■ Maureen 5t«ele Bellows^ ^ ARCHITECTURE 3^00 Watarto. v Road Orono. Mlnneso^rf 55356 612 404 2035 FAX e;2 4-'5 1054 P0LAN5KY RES DErCE 1900 Fox Ridge Road Orono, Minnesota 55356 First Floor P an Scalft 1/4* = ro* Dat^?03.97 A 2 f- \ 1 Maureen Steele Bellows ARCHITECTURE POLANSKY RESIDENCE Second F oor P an 3400 Watertown Road Orono, Minnesota 55356 1900 Fox Rid^e Road A3612 404 2035 FAX 612 4751054 Orono, Minnesota 55356 Scale: 1/4 ’ = Y-0' Oate: 20.5.97 .‘‘f. P0LAN5KY RESIDENCE 1900 Fox Rict^ Ro^d Orono, Stet£ ARCHITECTURE 3400 Kmo4 Orono. Mw»otii 55356 9210 612 404 2035 F/.ye:2475 1054 NORTH ELEVATION i O -T; ,'/ 1 !’.ii.. y '4__•• k - REQUEST FOR COUNCIL ACTION COUNCIL MEETINQ JUN 2 3 1997 cmroFORONO DATE: June 23, 1997 ITEM NO Department Approval: Name Gregory A. Gappa Title Director of Public Services Item Description: No Parking ResoluticlS'for the Fagemess Point Neighborhood Residents in the Fagemess Point neighborhood have been experiencing parking problems from vehicles with trailers. (See attached petition from neighborhood residents). This pai.jng problem is the result of vehicle overflow from the North Arm and Maxwell Bay Boat landings. The neighborhood residents have requested to be included on the agenda for the City .ouncil meeting and will be present at the meeting to express their concerns to the CouncU members. The attached resolution prohibits parking of vehicles with trailers along neighborhood sheets^ These vehicles are causing most of the problems because of the large number and greater length of these vehicles. Parking of ordinary vehicles has not been a major problem in tWs area Md at certain times the residents may wish to use on-street vehicle parking for short periods of tune. Antoine Park is located along Fagemess Point Road. A project is currently m progress to complete a major upgrade of the playground equipment in this park. This park will be receivmg more use by area residents and on-street parking may be utilized by park users, so probbitmg all parking is not desirable. With the current situation of large numbers of vehicles with traders parked along the streets, parking for park use is unavailable. This issue has been discussed with the Chief of Police and he is in support of this resolution. The current situation results in calls to the police about noise, littering, and trespassmg on pnvate property. Elimination of parking for vehicles with trailers should reduce the amount of traffic m the neighborhood and associated complaints. COUNCIL ACTION REQUESTED: Consideration of the attached resolution prohibiting parking of vehicles with trailers on streets in the Fagemess Point neighborhood. A RESOLUTION AUTHORIZING THE INSTALLATION OF NO PARKING SIGNS IN THE EAGERNESS POINT NEIGHBORHOOD WHEREAS, the City of Orono is a municipal organization under the laws of the State of Minnesota; and WHEI^AS, a petition has been received from residents in this area documenting problems associated with vehicle and boat trailer parking. This parking is the result of overflow from the North Arm and Maxwell Bay bo?t landings. Problems include safety of children in the area, damage to lawns, trash, and noise from early in the morning until late in the evening; and WHEREAS, the street widths in this area range from 24 feet to less than 16 feet. These street widths are substandard for on-street parking of numerous vehicles with trailers; and WHEREAS, Antoinne Park is located adjacent to Fagemess Point Road and high volumes of traffic are not desirable in the vicinity of the park; and WHEREAS, the County Roads and other City Streets in the vicinity of the North Arm and Maxwell Bay boat landing areas are posted for No Parking thus intensifying the parking problems in the Fagemess Point neighborhood. ^ NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby authorize and direct the Orono Public Works Department to install No Parking signs for "No Parking for Vehicles with Trailers" along Fagemess Point Road, Corral Road, Webb Street and Concordia Street for the entire lengths of these streets and roads. 1997. Approved by the Orono City Council at a regular Council meeting held on June 23, ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Page 1 of 1 June 11.1997 Orooo City Council 2730 Kellty Pailcway Ctystal Bay, MN 55323 Dear Council Members: The residents of Fagemcss Point are in agreement that the parking on our strert should be restricted. Our goal b to eliminate the use of our neighborhood as a parking site for pubUc Iff^inriiing site ovcrflow. Last year we were told diat die opoiing of the Maxwell Bay boat launching site would alleviate this problem when, in feet, it has only worsened. Our concerns and e?q)eriences are as follows: Safety of our children and pets- The drivers rarely abide the posted speed limit putting all residents at risk. In addition, our driveways are used as turn arounds with little regard for children and pets who may be in the area. Destroying our lawns- When the south side of the street is foil, and increasingly when not vehicles and trailers are being parked on our lawn. While many of the offenders will move when confronted, it is frustrating to spend much of our weekends policing the area. Traffic- Paricing on both sides of the street obviously narrows the street, impeding the flow of traffic for all Fagemess Point residents. Trash- We are tired of picking up the Uquors bottles/cans and miscellaneous refose left behind on our lawns and the wetland area belonging to Orono. Noise- In the past few weeks alone, we have experienced activity as early as 6:00 a.m. continuing well past midnight. Boaters are in and out of our neighborhood throughout the day making the above mentioned problems continuous. We take pride in our nei^borhood and hope you can understand our concerns. We sincerely appreciate your taking this matter into immediate consideration. Signature/Address Signature/Ad Signature/Address * 1-17' . ’5^ IFTKI^aiir ^fllW [iTilfW ^9nestroo Rosene 'Anderlik & Associates Engineers & Architects June 11,1997 • of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Bay Ridge and Bracketts Point Sanitary Sewer Improvements File No. 13990 Honorable Mayor and City Cr’mcil: Bonesfroo. rosene. Anderlik und AssocUites. tnc. is an Affirmative Aainryequat Opportunity EmployerPrincipals: Ono G Bonestroo. P.E. • Joseph C. Anderlik. P.E • Marvin L. Sorvala. PE. •R.chard E. Turner. PE • Glenn R. Cook. PE. • Robert G. Schunicht. PE. • Jerry A. Bourdon. PE • Robert W. Rosene. PE. and Susan M. Eberlin. C PA . Senior ConsultantsAssociate Principals: Howard A. Sanford. PE. • Keith A. Gordon. PE. • Robert R. Pfcfferle. PE. • Richard W. Foster. PE. • David O. Loskota. PE. • Robert C. Russek. A.I.A. • Mark A. Hanson. PE. • Michael T. Rautmann. PE. • Ted K.Freld. PE. • Kenneth P / derson. PE. • Mark R. Rolfs. PE. • Sidney P. Williamson. PE.. R.S. • Robert F. Kotsmith Offices: St. Paul. Rochester. Willmar and St. Cloud. MN • Milwaukee. Wl ^ 2 199? Bids were opened for the above project on Monday, June 9,1997. Transmitted herewith are ten (10) copies of the bid tabulation for your information and file. The following summarizes the results of the low three bids received: Low Barbarossa & Sons #2 Northdale Construction Co., Inc. #3 G.L. Contracting AMOUNT $523,740.00 $573,296.45 $667,852.68 The low bidder on the project was Barbarossa & S • v -th a Base Bid of $523,740.00. These bids have been reviewed and found to be in orde. . ' re recommending that the City award this project to Barbarossa & Sons Construction. Should you have any questions, please feel free to contact me at 636-4600. Sincerely, BONESTROO, ROSE] Mark D. WaMis, P.E. MDW:kf Enel. fDERLIK & associates, INC. 2335 West Highway 36 • St. Paui. MfJ 55113 ■ 612-636-4600 ■ Fax; 612-'>1 ’*-1311 •T*•I* __ -y ms ^ 5f|i ■•] Bl.l ilili r i f A RESOLUTION AWARDING THE CONTRACT FOR THE INSTALLATION OF SANITARY SEWER IMPROVEMENTS IN THE BRACKETTS POINT AND BAY RIDGE AREAS WHEREAS, pursuant to an advertisement for bids for the installation of sanitary sewer improvements in the Bracketts Point and Bay Ridge improvement areas, bids were received, opened and tabulated according to law; and WHEREAS, it appears that Barbarossa & Sons, Inc., Minneapolis, Minnesota is the lowest responsible bidder. Minnesota: 1. 3. 1997. NOW, THLUEFORE, BE IT RESOLVED by the City Council of Orono, The Mayor and Clerk are hereby authorized and directed to enter into a construction contract with Barbarossa & Sons, Inc., Minneapolis, Minnesota, in the name of the City of Orono for the installation of sanitary sewer improvements in the Bracketts Point and Bay Ridge areas 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 $523,740.00. 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. This resolution to award the construction contract for these improvements is contingent on receipt of Petitions for Local Improvements from all of the project area residents. Upon receipt of all the Petitions, this contract will be executed. Adopted by the Orono City Council at a regular Council meeting held on June 23, ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour. Mayor Page 1 of 1 Bonestrod Rosene Andertik& AssodatestlEnglfitcrt & Architects Project Name Bay Ridge and Bracketts Point - Sanitary Sewer ImprovementsProject No.File No. i3990Bid Opening 10:00 am, C.D.S.T., Monday, June 9,1997 Owner Orono, MN BID TABULATION Tabulation of Three Low Bids of Three Received No.Item Unit Qty. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 14A 15 16 17 18 19 20 21 22 Part 1 - Sanitary Sewer 8* PVC SDR 35. O'- 8' deep in place 8* PVC SDR 35.8'-10* deep in place 8- PVC SDR 35. lO*. 12' deep In place 8' PVC SDR 35.12'-14' deep In place 8' PVC SDR 35.14*-16* deep in place 8* PVC SDR 35.16'. 18* deep in place 8* PVC SDR 26.12'-14* deep in place 8- PVC SDR 26.14'. 16' deep in place 8* PVC SDR 26.16'. 18' deep in place 8" DIP, 8*- lO* deep in place 8" DIP, 14*. 16 ’deep in place Scd. MH 8* dp., 4* dia., W/R1642B cstg. MH depth greater than 8* deep Fbrce main access manhole Outside drop Directional bore 8- HDPE SDR 17 3* HDPE, SDR II Directional bore 3- HDPE SDR 1 1 Connect 3" HDPE to exist. MCES FM stub Connect 3" HDPE into existing manhole Lightweight aggregate 3" X 3" HDPE tec with cap 2“ X M/2" HDPE reducer UF LF LF LF LF LF LF LF LF LF LF EA LF EA LF LF LF LF EA EA LF EA EA 975 547 831 582 95 50 41 82 >10 20 12 17 39.4 I 8.2 630 1.815 184 1 I 1,010 1 I 13990.bt BT-1 I hereby certify that this is an exact reproduf^jfifi of ^ds f^ceivej ^ Bid No. 1 Barbarossa & Sons Bid No. 2 Northdale Const Co., Inc. Bid No. 3 G.L. Contracting Unit Price Total Unit Price Total Unit Price Total 31.00 30.225.00 41.32 40,287.00 40.90 39,877.50 32.00 17.504.00 41.32 22,602.04 42.20 23.083.40 33.00 27,423.00 41.32 34,336.92 43.80 36,397.80 34.00 19,783.00 41.32 24,048.24 45.70 26,597.40 35.00 3,325.00 41.32 3,925.40 48.00 4,560.00 36.00 1,800.00 41.32 2,066.00 51.00 2,550.00 36.00 1,476.00 54.71 2,243.11 55.50 2.275.50 37.00 3,034.00 54.71 4,486.22 60.50 4,961.00 38.00 7,980.00 54.71 11,489.10 67.50 14,175.00 50.00 1,000.00 53.59 1,071.80 53.10 l,t 62.00 54.00 648.00 53.59 643.08 58.90 706.80 1,700.00 28,900.00 U75.37 23,389.79 2,425.70 41,236.90 85.00 3,349.00 86.90 3.423.86 125.30 4,936.82 2,000.00 2,000.00 3,750.00 3,750.00 3,107.10 3,107.10 300.00 2,460.00 165.00 1,353.00 390.00 3,198.00 29.00 18,270.00 35.89 22,610.70 40.90 25,767.00 20.00 36,300.00 0.96 1,742.40 13.00 23.595.00 24.00 4,416.00 27.36 5,034.24 34.40 6,329.60 3,000.00 3,000.00 3,500.00 3,500.00 309.50 309.50 1,000.00 1.000.00 3.500.00 3,500.00 309.50 309.50 30.00 30J00.00 0.01 10.10 43.30 43.733 00 50.00 50.00 75.00 75.00 115.20 115.20 25.00 25.00 50.00 50.00 25.40 25.40 Mark D. Wallis, P.E. Registration No. 19145 1 23 3* X 45 degree HOPE bend24 8" X 4" PVC service wye branch25 8" X 2* wye26 4* PVC service pipe in place, SDR 2627 4* PVC service riser pipe in place, SDR 26 28 4" HDPE service pipe directional bore 29 1-1/2 ” HDPE service pipe directional bore 30 Improved pipe fdn. in 6" increment depth 31 Mechanical trench compaction 32 Insolation 33 Sanitary sewer television inspection 34 Sttbmersible Pump Lift Station 1 35 Submersible Pump Lift Station 2 Total Part 1 - Sanitary Sewer Part 2 • Restoration 36 Bituminous surfacing removal 37 Conunon excavation 38 Class5aggregatebase(100%crushed) 39 Type 31 bituminous base course 40 Type 41 A bituminous wearing course 41 Geoiextile fabric 42 Bituminous materia] for tack coat 43 Bituminous street patching 44 Clearing and grubbing 45 Sawcot bituminous 46 Bituminous driveway restoration 47 Concrete driveway restoration 48 27" diam. catch basin with casting 49 Remove existing CMP culvert 50 Furnish and install 15" CMP culvert 51 15" CMP flared end 52 Boulder retaining wall 53 Sod with 4" topsoil 54 Seed with topsoil, mulch and fertilizer 55 Erosion control fence 56 Wild flower seeding 57 Furnish and plant Evergreen Tree (Blue Spruce) 6* high 58 Furnish and plant shade tree (Sugar Maple) 4" diameter EA 5 30.00 150.00 49.50 247J0 30.20 151.00EA2230.00 660.00 42.50 935.00 59.40 1,306.80EA150.00 50.00 78.50 78J0 67.10 67.10LF85020.00 17.000.00 13.50 11,475.00 15.90 13,515.00LF3520.00 700.00 17J0 612.50 15.90 55630 LF 300 24.00 7.200.00 27.87 8,361.00 34.90 10,470.00 LF 120 24.00 2.880.00 28.30 3J96.00 33.50 4,020.00 LF 1.950 3.00 5,850.00 0.01 19.50 3.40 6,630.00 LF 1,950 1.00 1,950.00 3.25 6,337.50 0.11 214.50 SY 20 20.00 400.00 17J0 350.00 19.60 392.00 LF 4,075 0.60 2.445.00 0.45 1,833.75 1.10 4,482.50 LS 1 40.000.00 40.000.00 61,500.00 61,500.00 47,991.70 47,991.70 LS J 40,000.00 40.000.00 58.750.00 58,750.00 45.224.10 45.224.10 363,558.00 369.534 25 443,930.62 SY 4.000 IJO 6.000.00 3.50 14,000.00 1.70 6,800.00 CY 2.100 3.50 1350,00 7.50 15,750.00 7.60 15.960.00 TN 2,500 9.00 22300.00 12.50 31.250.00 14.60 36,500.00 TN 600 28J0 17.100.00 30.80 18,480.00 31.90 19,140.00 TN 600 29.00 17.400.00 31.90 19,140.00 34.90 20.940.00 SY 4,700 1.25 5.875.00 1.50 7,050.00 1.10 5,170.00 GL 300 1.20 360.00 1.10 330.00 1.80 540.00 SY 700 6.75 4,725.00 11.00 7,700.00 19.70 13,790.00 LS 1 5,000.00 5.000.00 9,750.00 9,750.00 7.293.00 7,293.00 LF 100 6.00 600.00 5.50 550.00 2.20 220.00 SY 600 6.75 4.050.00 8.75 5,250.00 20.20 12,120.00 SF 100 10.00 1.000.00 5.50 550.00 6.20 620.00 EA 1 1,000.00 1,000.00 1,375.00 1,375.00 1.102.30 1.102.30 LF 150 5.00 750.00 15.50 2,325.00 12.00 1,800.00 LF 150 20.00 3,000.00 24.50 3,675.00 25.90 3.885.00 EA 4 150.00 600.00 225.00 900.00 200.70 802.80 SF 80 14.00 1.120.00 28.50 2,280.00 44.90 3,592.00 SY 13,000 2.0^26.000.00 2.45 31,850.00 2.80 36.400.00 AC 0.4 3.280.00 1.312.00 3.608.00 1,443.20 4,712.40 1.084.96 LF 1.000 2.00 2,000.00 2.50 2,500.00 2.00 2.000.00 SF 800 030 240.00 0.58 464.00 0.34 272.00 EA 20 220.00 4,400.00 325.00 6,500.00 280.50 5.610.00 EA 20 600.00 12.000.00 325.00 6,500.00 673.20 13.464.00 13990.bt BT-2 59 Remove and replace wood or chain link fence LF 300 16.00 4,800.00 1730 5.250.00 16.80 5,040.0060 Remove and transplant bushes EA 40 50.00 2,000.00 35.00 1,400.00 56.10 2.244.0061 Remove and transplant tree - Desiduous EA 15 300.00 4^00.00 250.00 3,750.00 224.40 3,366.0062 Remove and transplant tree - Coniferous EA 15 300.00 4,500.00 250.00 3.750.00 224.40 3,366.00Total Part 2 - Restoration 160,182.00 203.762.20 223,922.06Total Part 1 - Sanitary Sewer 363,558.00 369.534.25 443.930.62Total Part 2 - Restoration 160,182.00 203.762.20 223.922.06 Total Base Bid 523,740.00 573.296.45 667,852.68 Alternate No. 1 • Lift Station Knocking Add! 63 Lift Station restocking fee LS 1 8,000.00 8.000.00 9,500.00 9,500.00 10,120.00 10,120.00 Total Alternate No. 1 8,000.00 9.500.00 10,120.00 Alternate No. 2 Did • Residental Submersible Grinder Station 64 Residental simplex grinder pump stations EA 1 3.600.00 3,600.00 14300.00 14,500.00 6,391.70 6391.70 Total Altemte No. 2 3,600.00 14.500.00 6,391.70 Alternate No. 3 Bid • Directionai Bore 8'* HDPE, MH-1 to MH-! Add 65 Diiecdonal bote 8* HDP. SDR 17 LF 1,010 90.00 90.900.00 57.48 58.054.80 78.20 78,982.00 Dediict 66 8* PVC, SDR 35,10’-12* deep LF 400 33.00 13,200.00 31.50 12.600.00 43.80 17,520.00 67 8- PVC. SDR 35.12*. 14* deep LF 515 34.00 17,510.00 31.50 16,222.50 45.70 23335.50 68 8- PVC, SDR 35,14’-16* deep LF 45 35.00 1,575.00 31.50 1,417.50 48.00 2,lo0.00 69 8- PVC SDR 35.16’-18* deep LF 50 36.00 1.800.00 31.50 1.575.00 51.00 2,550.00 70 Lightweight aggregate LF 1.010 :o.oo 30,300.00 0.01 10.10 43.30 43,733.00 Total Deduct 64385.00 31.82^.10 89,498.50 Total Alternate No. 3 $26,515.00 $26,229.70 ($10,516.50) Alternate Equipment Bids Item Manufacturer Deduct from Total Base Bid None None None Item Manufacturer Deduct from Total Base Bid None ‘4onc ‘^one 13990.bC BT-3 1 F COUNCIL MEETINQ JUN 2 3 1997 REQUEST FOR COUNCIL ACTION CnYOFORONO DATE: June 23, 1997 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Contract Award Old Crystal Bay Road Trail Project, North Segment This project is for the construction of the segment of the Old Crystal Bay Road Trail from north of the City Hall to County Road 6. Bids for this project were opened on June 9 and Expert Asphalt was the low bidder on the project. References checked provided very positive responses about this contractor. COUNCIL ACTION REQUESTED: Motion to award a contract for construction of the Old Crystal Bay Road Trail, North Segment to Expert Asphalt Company in the base bid amount of $54,324.80 1 ! r BONESTROO AND ASSOCIATES l?osene •^612 6361311 » •hmh ill* 06/20/97 08:58 0 :04/04 NO:137 Anderllk & Associates enyinttrt 4 Arehltvcti * ilMiH i II • • ••« • •• • •••••«•§*•# • fi<4.«ii W 4iiiU >-i-iM #i.»-»i^ • rA ao|| Al*t»tuttr Pr,n^lp0i* A K.tAfntp t*l • A r.ii»H/>n M| « ffubrit 0 n#rl»f»»C fC • 9Kh.itJ w Fftif/*# Pi • 04VI.1 O Ph % AiA • M«ik A re Mh*VMirf •oiMwiinr, rc • P\ • ACiWilif AfMirfion M • tAmk P fi»'l* >*l • IlibMf P 4|. V \ I Siilirt* I UnUmitA #9^/*rri M f#ti« Wi»*fr.Ar ,wui || COiKl. MN • 4A»wWA4t Wl June 19.1997 Oty QrOrono PO Bok M CfyiUl Biy. MN S5323 Re: Old CryiUl Bty Roid Wtlk¥'-y BRA Pit* No. 17994 Honorable Mayor A Cliy Council Membcn: mil. W.I* open«l fcr ihe ptojKt .Uled «b«v. on Moiid.». Jon. 9.1997 TrM.mlu^ (1(1) coplM^th. bid ubulrtloi. for yoor InfonoMlon Uld (Ita. Cool., will «l«o b. dUulbulod .OMOb bidder. Th# rollowtAf nummvlEei the reiulu of iho four bldi ubuleiod. B/uaaiA.CgnrrflCMf Alttrwti NtLl Low BKpert Aiphilt. Inu. #2 Buffalo Binitninoua #3 BAfber Cenitruciion Co.. Inc. #4 DMI Corporation $34,324.00 $94,790.00 $59,257.00 $64,380.4$ $8.B6B.SO $12,343.60 $13,624.00 $8,462.96 The low bidder on the project w«» Eipett Atphali. Inc. with u B«e Wd of lUA Should you have any <juoitlon«, ptee*o feel free to contact me. My direct number U (612) 604-4843 SifK^fvlyi bonbstroo . rosene . anoerlik a asscx :iatbs , INC Olonn R. Cook, P.B. GRC:pah:ene 2Ji$ Woit Highway 36 «» St. Paul. MN 55113 • 613-636-4600 # Mu* Al9-#.4e.i^n MO 9Vl £0 Oil to 99L**3 3COM Xi AUOMaU :adAi nfis?iy 6S3S 39Vd Moiivynfl 0l€0£2V2t9:iTMSNVMi ... .... itn\ JAA*9IW/ UC19C9 21^ S3XVI0066V ONV OOyi63NOfl ygu)j ^ vvvvvvvvvvvvvv¥¥vvvv**^^^»»yyyyy^?^Y*^^*y ^ IHOdaW NOTiVWMIdNOD 99VSS3W ITWSNVbl ¥ nai 3UVN i N-in• • ooCMOQ oo in 00o 1^ oCM \0 O Oro vO CM (QD cn UJ ►HoOc/> CO < OO CO UJ Project Naxnc Old Cryttal Bay Road Trail (County Road 6)Project No.RleNo. 13994Bid Opcoing 10:30 ana., CD^.T. Monday, June 9» 1997 Owner CityofOnaio I heriby ceit^ $Jtat this is at aact reproductM of bids received’productujn of bids receivedCiem R. GxA, P£. Regxstrasum N ol 9451 BID TABULATION Tabuladoo ol Four Low Bids of Four Received Item Unit Qty. 1 Ocar end pub nets 2 Remove CMP or RCP advert i AdlutMsnbaie 4 BclocmeBaiilboset.siiii.clc. 5 CamaMoatadam 6 GaflulBrt>aiTow(CV) 7 A|g.baoe. O. S. 100% enshed (wiOO t Au.baae.(X S,IOO% crahciHdw;) 9 Type dlAbimtniowttiBisniie far wttt 10 Bitsminout drivewty rna oraain o 11 IB*RCpipe coivett(Gut5) 12 IB-BCypES. 13 15* RC ppe cnlvfit (G. 5) 14 1S*RCPF£.S. 15 CaaanclCBMH.Oen9iSP>3 16 Cat CBMMiaioexistiqcsionn pipe 17 II 19 Seedw/KpsotLaBlcb Arcfiiliztf 20 Sod«/4* upooil 21 0»s3ripn|» Total Bmc Bid LS LF XA IS CY CV TN TN TN SY LF EA IP EA EA £A EA LF AC SY CY I 90 I I IJISO 1.250 250 35 200 BidNo.1 Expert Asphalt, Ibc. Unit Price Total 125 56 I 38 1 2 2 6 100 OJ I.OOO zsoaoo 15.00 475.00 850.00 5.00 8.00 10.00 10.00 423» 14JOO 26 00 600.00 26.00 600.00 UOO.OO 400.00 325.00 325 220000 850 80.00 2.500.00 1450.00 475 jOO 850.00 625000 IO.OOODO 2400.00 35000 8.400.00 1.750.00 1.45600 Unit Prke Total . I IIM 9U.00 . I III Iz 80000 l«950J0O 32500 1.76000 8.50000 32000 $5024J6 500.00 10.00 200.00 100.00 li)G 1150 20.00 13.00 40.00 10.00 40.00 500.00 35.00 45000 IJ300.00 300.00 200.00 100 U75C.0D 105 80.00 500.00 900.00 200.00 too.oo 10.000.00 15.625.00 S.000.00 525.00 &OCO.OG 1150 OC 2J4a00 500.00 U30.00 450.00 3;»0.0Q 600.00 600.00 200.00 1.400.00 1050.00 320.00 tS4J98JDi Bid No. 3 Berber CooitrattioB Coat Inc* Uait Prke Total 3JX10.00 10.00 150.00 300.00 500 10.00 15.00 19.00 6000 20.00 4100 500.00 40.00 500.00 1^00 1500.00 173.00 3.00 3.000.00 190 80.00 3,000.00 900.00 15000 30000 6.25000 1150000 3,75000 665.00 1100000 1500.00 255100 50000 1520.00 50000 7.400.00 3,000.00 1,05000 300.00 140000 1900.00 320.00 $S95S7J0 BidNo.4 DMJ Corpora Unit Price Total 1170.00 8.68 315.00 55.00 10.85 16.28 14.00 14.00 4100 17.00 23.87 770.00 23.87 690.00 670.00 380.00 135.00 120 3.000.00 326 8100 1170.00 781J0 325.00 55.00 1356150 20550.00 3500.00 490.00 8.400.00 1125.00 U36.72 770.00 90706 690.00 1540.00 760.00 810.00 220.00 140000 3560.00 32100 $64588/18 139948T.W2 Pa^c 1 N.inoroo• • 00 lA • • § 5; Orvj s CO OJ t->oto to CO UJ o QQ 22 l2*lCfipeailwat(aBaS)23 iriCf^cahaKCfaiS)24 irKC|ipBaiben(aaa5}25 ir*CPFiS.26 iracPF^. 27 CQMradCBMH.Duita5P-3 2S ClHi3ripfip 29 CHCBMHiitaedSiietrpipe 30 SOlfen IFLFLFEA£A EA CY EA LF Iteod Twt By Tide S^BadSccodiy Mpsf 13994BT.WB2 64too4411 2 4 I M moo30.0024.00450.00600.00 1200002.000JOOI.QS6jOO4S0.O0 UOOJ» n.oo 400.00 32S 60000 2^60000 32000 40000 16130 Expert AiplMtt. lac. l36S5Himi9(MtRd Cok«KMN 55322 (124662201 (12466.4740 JayM.5«tJMdvxl Owner Bid Bond Y*s.l 320037.104240424JD053000 1.59000 15.00 32000 250 2042003.71000IJ6S6042400530.00 3.180.00 34000 320.00 125.00 812541M BeflUa Biteiwnnw 28S2O>Kdl2N:P0B337 Bufiik.MN 55313 6I26S2127I (I26S26522 DmdElfida hesidcoi BidBoMl Yet. 1.2 39.0040.00 4200450.00500.00 1JOO.OO 70.00 IJOO.OO 3.00 2496.004.000.001.84200450.00 > (19 9 2400.00 280.00 1.50000 150.00 812634M BnrtKf CoBsnnetiaa Co. FO Box 5324 Hopicn.MN 55343 612938.9607 612930J3532 Jones M-Barin Bnideai Bid Bool Yes 1.2 23.8723.8723J7600JW700.00 700.00 8200 380X0 220 t.527.612387X01X5028600.00Toaoo 1.400X0 32100 380X0 llOlOO IMCX6 DMJ Cofponbon 2392PtoflterTid HauiMH 55340 6124716S71 6124712329 BidBoHi Yei.1.2 Pste:F ■JNIV,, COUNCLiyEETINQ JUN 2 3 199T REQUEST FOR COUNCIL ACTION CITYOFORONO DATE; June 23, 1997 ITEM NO.: / ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Request for Payme^t^/Old Crystal Bay Road Trail Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment COUNCIL ACTION REQUESTED: Motion to approve Request for Payment ^1, Old Crystal Bay Road Trail Project to Buffalo Bituminm^ ui the amount of $40,7^.50 •« _________ 1/1 Bonestroo Rosene Anderljk& Associates Engineers & Architects Bonestroo. Rosene. Anderhk and Associates, tnc. is an Affirmative Actior\/iquat Opporturuty Employer Principals: Otto G. Bonestroo. PE. • Joseph C Anderlik, PE • Marvin L Sorvala, PE. • Richard E Turner. PE • Glenn R. Cook. PE • Robert G. Schunicht. PE. • Jerry A. Bourdon. PE. • Robert W. Rosene. PE and Susan M. Eberlin. C.P.A., Senior Consultants Associate Principals: Hovrard A. Sanford. PE. • Keith A. Gordon. PE. • Robert R. Pfefferle. PE. • Richard W. Foster. PE. • David O. Loskota. PE • Robert C Russek. A.I.A. • Mark A. Hanson. PE. • Michael T. Rautmann, PE. • Ted KEIefd. PE • Kenneth P Anderson. PE • Mark R. Rolfs. PE • Sidney P. Wiinamsoa PX. RE. • Robert F. Kotsmith Offices: St Paul. Rochester. Wiilmar and St Cloud. MN • Milwaukee. W1 June 6,1997 Mr. Greg Gappa City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Rsceiveo JUN 0 9 199/ ClIYUh OROiVo Re: Old Crystal Bay Road Trail Improvements Our File No. 13985 Dear Greg: Enclosed please find four copies of the 1*‘ Request for Payment for the above referenced project. This portion of the project has been satisfactorily completed and we reconunend payment. Should you have any questions, please feel free to give me a call. Very truly yours. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Harlan M. Olson 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612-636-4600 ■ Fax: 612-636-1311 I Tn i^r • nn r r Bonestfw Rawne AfMfcrikt Assodala m^vitAnMiKti I tiril Igwiii Owner City of Orono. P.O. Box 66. Crystal Bay. MN 55323 Date: June 5,1997 For Period: Start to June 5.1997 Request No: Contractor. Buffalo Bituminous, P.O. Box 337,2852 Co. Rd. 12 N., Buffalo, MN 55313 REQUEST FOR PAYMENT 1996 OLD CRYSTAL BAY ROAD TRAIL IMPROVEMENTS File No. 13985 SUMMARY 1 Original Contract Amount Change Order • Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned 2 3 4 5 6 7 $ $ 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENTNO. $ $ $ $ $ $ $ $ Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor Buffalo Bituminous Approved by Owner Ci^ of Orono Specified Contract Completion Date:Date: l:\13gM3985\REQUEST.WB2 1 164,136.00 164,136.00 42,910.00 0.00 42,910.00 2,145.50 40,764.50 0.00 40,764.50 Contract Unit Quantity Amount No.Item Unit Quantity Price to Date to Date 1 Clear and grub trees LS 1 1.00 2 Remove CMP or RCP culvert LF 90 10.00 90 900.00 3 Remove bituminous pavement SY 200 2.50 150 375.00 4 Saw bituminous pavement LF 750 2.00 700 1,400.00 5 Relocate mailboxes, sign, etc.LS 1 200.00 0.50 100.00 6 Common excavation CY 400 5.00 200 1,000.00 7 Common borrow (CV)CY 1,000 10.00 8 Topsoil borrow (CV)CY 180 15.00 9 Subgrade preparation SY 660 1.50 SOO 750.00 10 Aggregate base. Cl. 5,100% crushed TN 55 12.00 11 Agg.base, Cl. 5,100% crushed (walk)TN 360 12.00 300 3,600.00 12 Agg.base, Cl. 5,100% crushed(dwy)TN 35 12.00 13 Type 41 wearing course mixture TN 45 45.00 14 Type 31 base course mixture TN 90 45.00 IS Type 41 bit. mixture for walk TN 170 45.00 16 Type 41 bit. material for driveway TN 16 45.00 17 Bituminous material for tack coat GL SO 2.00 18 12" PVC pipe culvert, SDR 26 LF 20 20.00 20 400.00 19 15" CM pipe culvert LF 30 30.00 30 900.00 20 IS" CM pipe apron EA 2 125.00 2 250.00 21 15" RC pipe culvert (Cl. 5)LF 30 35.00 30 1,050.00 22 15"RCPF.E.S.EA 1 500.00 1 500.00 23 18" PVC pipe culvert LF 150 35.00 ISO 5,250.00 24 Construct CBMH, Design SP-3 EA 1 1,300.00 1 UOO.OO 25 Concrete curb & gutter. Design B618 LF 700 12.00 26 Furnish & install "No Parking" sign EA 4 100.00 27 4" wide solid line - white paint LF 1,310 0.65 28 Spruce Colorado Blue - 4* Ht B & B EA 6 160.00 29 Spruce Colorado Blue - 6' ht B & B EA 6 175.00 30 Maple Sugar - 3" CAL B & B EA 6 250.00 31 Ash Summit • 3' CAL B & B EA 6 250.00 32 Silt fence, preassembled LF 250 3.50 33 Roadside seeding AC 0.3 1,000.00 34 Seed, Mixture 500 LB 30 10.00 35 Sodding, type lawn SY 1.400 3.00 36 Mulch material. Type 1 TN 0.6 1,000.00 IA139M3985VREQUEST.WB2 37 Disc anchoring AC 0.3 1,000.00 38 Commercial fcrt.. Analysis 20-10-10 •m 0.06 1,000.00 39 4" PE corr. pcrf. pipe drain LF 1,000 4.50 40 Modular block retaining wall SF 500 13.00 41 Install wood board fence • 6* high LF 300 15.00 42 36” wide solid white line - paint LF 32 5.00 43 Class 3 rip rap Cl 4 80.00 Total Part 1 - Old Crystal Bay Road - Trail • 17,775.00 Part 2 - Old Crystal Bay Road - Trail 44 Clear and grub trees LS 1 1.00 45 Remove CMP or RCP culvert LF 100 10.00 50 500.00 46 Remove bituminous pavement SY 275 2.50 200 500.00 47 Saw concrete curb LF 3 10.00 48 Saw bituminous pavement LF 950 2.00 700 1,400.00 49 Relocate mailboxes, sign, etc.LS 1 100.00 1 100.00 50 Relocate guard post EA 10 25.00 51 Coitunon excavation CY 400 5.00 300 1,500.00 52 Common borrow (CV)CY 1,500 10.00 1,000 10,000.00 53 Topsoil borrow (CV)CY 400 15.00 54 Subgrade preparation SY 850 1.50 700 1,050.00 55 Aggregate base, CL 5,100% crushed TN 40 12.00 56 Agg.base, Cl. 5.100% crushed (walk)IN 375 12.00 250 3,000.00 57 Agg.base, Cl. 5,100% crushed(dwy)IN 135 12.00 58 Type 41 wearing course mixture TN 60 45.00 59 Type 31 base course mixture TN 120 45.00 60 Type 41 bit mixture for walk TN 170 45.00 61 Type 41 bit material for driveway TN 20 45.00 62 Bitumincus material for tack coat GL 50 2.00 . 63 15" CM pipe culvert LF 90 30.00 90 2,700.00 64 15” CM pipe apron EA 4 125.00 4 500.00 65 22” span RC pipe arch culvert (Cl. 3)LF 16 60.00 16 960.00 66 Install 22” span RCP arch bend (Cl. 3)LF 8 100.00 8 800.00 67 Reinstall ex. 22” span RC pipe arch apron EA 2 300.00 2 600.00 68 18” RC pipe culvert LF 25 35.00 25 875.00 69 Reinstall ex. 18” RC pipe apron EA 1 250.00 1 250.00 70 12" PVC pipe culvert, SDR 26 LF 20 20.00 20 400.00 71 Adjust frame & ring casting EA 2 250.00 I:\139\13985\REQUEST.WB2 72 Adjust traffic control handhole EA 1 150.00 73 Concrete curb & gutter. Design B618 LF 900 10.00 74 Furnish & install "No Parking" sign EA 4 100.00 75 4" wid«> u line • white paint LF 900 0.65 76 Spruce Colorado Blue - 4’ Hl B & B EA 2 160.00 77 Spruce Colorado Blue • 6‘ hL B & B EA 2 175.00 78 Maple Sugar - 3" CAL B & B EA 2 250.00 79 Ash Summit • 3' CAL B & B EA 2 250.00 80 Silt fence, preassembled LF 200 3.50 81 Roadside seeding AC 0.7 1,000.00 82 Seed, Mixture 500 LB 70 10.00 83 Sodding, type lawn SY 500 3.00 84 Mulch material, l^pe 1 TN 1.4 500.00 85 Disc anchoring AC 0.7 500.00 86 Commercial fert. Analysis 20-10-10 TN 0.14 1,000.00 87 4" P£. corr. perf. pipe drain LF 600 4.50 Total Part 2 > Old Crystal Bay Road - Tnul 25,135.00 Total Part 1 - Old Crystal Bay Road - Trail Total Part 2 - Old Crystal Bay Road - Trail Total Work Completed to Date 17,775.00 25J 35.00 $42,910.00 I.M 39\13985\REQUEST.WB2 » * •PROJECT PAYMENT STATUS Owner CityofOrono Project No. 13985 • File No. 13985 Contractor Buffalo Bituminous CHANGE ORDERS No.Date bescrintion Amount 1 2 3 Total Chanee Orders PAYMENT SUMMARY 1 Start 06/05/97 40.764.50 2.145.50 42.910.00 2 3 4 5 6 7 8 9 10 Material on Hand Total Payment to Date $40,764.50 Original Contract $164,136.00 Retainage. Payment No. 1 2.145.50 Change Orders Total Amount Earned $42,910.00 Revised Contract $164,136.00 l:\139M3985\REQUEST.WB2 IM iik*''.Ml' COUNCIL MEETING JUN 2 3 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: June 23, 1997 ITEM NO, Department Approval: Name Gregory A. Gi^pa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Change Order No. 1 North Lake Sanitary Sewer Project This sewer project has several difficult areas where sanitary sewer lines will have to be installed in easement areas across existing yards. During easement negotiations the sanitary sewer alignments were changed in several locations at the request of the property owners to protect existing trees. These alignment modifications require the installation of additional manholes. The removal of existing trees is required for this project. The property owners requested replacement trees be planted. The number of replacement trees is greater than the original contract quantity that was bid. COUNCIL ACTION REQUESTED: Motion to approve Change Order No. 1, North Long Lake/Long Lake Country Club Sanitary Sewer project, in the amount of $12,420 i I 1/1 Bonestroo Rosene And6rlik& Associates Engineers & Architects Bonestroo. Rosene. Antiertik and Associstes, Inc. Is an Affirmative ActioryiqMt Opportunity Employer Principals: Otto G. Bonestroo. RE. • Joseph C. Anderlik. PE. • Marvin L Sorvii*. p£. • Richard E. Tbmer. PX • Glenn R. Cook. PX • Robert G, Schunicht. P.E. • Jerry a. Bourdoa PX • Robert W. Rosene. PX and Susan M. Ebertia CPA.. Senior Consultants Associate PrifKlpals: Howard A, Sanford. PE. • Keith A. Gordon. PE. • Robert R. Pfefferie. PX • Richard W. Foster. PE. • David O. Loskota. PE. • Robert C. Russek. A.IA. • Mark A. Hansoa PE- • Michael T. Rautmana PX • Ted ICFleid. PX • Kerv^eth P. Andersoa PE. • Mark R. Rolfs. PX • Sidney P. WUliamsoa PX. P.i. • Robert F. Kotsmith Offices: Sl Paul. Rochester. Wiiimar and St. Cloud. MN • Milwaukee. Wl June 19,1997 Mr. Greg Gappa City of Orono P.O. Box 337 Crystal Bay, MN 55323 Re: North Long Lake / Long Lake Country Club Sanitary Sewer Our File No. 13988 Dear Greg: Enclosed please find four copies of Change Orders No. 1. No. 2, and No. 3 for the project mentioned above. We reconunend the City Council approve these change orders. If you have any questions, please contact this office. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Thomas P. Kellogg TPK:la Enclosures 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612-636-4600 ■ Fax; 612-636-1311 I i ‘p"/W B?iiiy*^Ownen City of Orono. P.O. Box 66. Crystal Bav. MN 55323-0066Andolkfi Date June 6,1997 ^Asso^es angtMc-.'tanMtecti Contractor: Barbarossa & Sons. 11000 93rd Avenue North. Osseo. MN 55369 Bond Co. CHANGE ORDER NO. 1 NORTH LONG LAKE/LONG LAKE COUNTRY CLUB SANITARY SEWER File 13988 Description of Work Additional IS trees and 3 manholes as a result of easement negotiations with Lund, Greenley and Gawron. No.Item Unit Unit Price Cent Onant ToUd Amount 81 Furnish & plant shade tree (Sugar Maple) 4" dia EA 500.00 15 $7,500.00 11 Std. MH 8* dp., 4' dia, w/R1642B cstg.EA 1,440.00 3 $4,320.00 12 MH depth greater than 8' deep Total Change Order No. 1 LF 100.00 6_$600.00 $12,420.00 • • — f • 70294/co.wb1 .'.V .vt i t •• ■•* ••• . V. . ..* li Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $874,930.01 $12.420.00 $887,350.01 Recommended for Approval by; BONESraoO. ROSENE, ANDERUK & ASSOdATES, INC. date: Approved by Contractor Barbarossa & Sons Approved by Owner City of Orono -M f 4 cc: Owner Contractor Bonding Company Bonestroo & Assoc. 7029«bo.wb1 • ••• •«* •• r • • ; cV/. REQUEST FOR COUNCIL ACTION COUNCIL MEETING JUN 2 3 1997 CITYOFORONO DATE: June 23, 1997 ITEM NO," M Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: yj Agenda Section: Engineer's Report Item Description: Change Order No. 2 North Lake Sanitary Sewer Project This change order is for the extension of bypass piping in the lift station valve vaults up to ground level. This will allow for emergency bypass pumping in the event of lift station malftmctions. COUNCIL ACTION REQUESTED: Motion to approve Change Order No. 2, North Long Lake/Long Lake Country Club Samtary Sewer project, in the amount of $1,690. ! Bonestroo Rosene Anderljk& |\J| Associates Engineers & Architects Bonettroo. Potent. Anaerllk end Attotiites. Inc. Is on AflUmittve Action/fqM Opportunity employer Robert W. Rosene. RE end Susan M. Eberlln. C.P.A.. Senior Consultants ^ ^ ^ . Keith A. Gordon, R.E • Robert R. Rfefferle. P.E • Richard W. Foster, P.E. • David O. toskota. P.E. • Robert C. Russek, A.I.A . Mark A. Hanson PE . Michael T. Rautmann. RE. . Ted K FIeld. PE. . Kenneth P. Anderson. PE.. Mark R. Rolfs pe. Sidney R wmiarnson. R£^ R.S. • Robert F. KotimJth * ^ Offices: St Paul. Rochester. Wlllmar and St Cloudy MN • Milwaukee. Wl June 19,1997 Mr. Greg Gappa City of Orono P.O. Box 337 Crystal Bay, MN 55323 Re: North Long Lake / Long Lake Country Club Sanitary Sewer Our File No. 13988 Dear Greg: Enclosed please find four copies of Change Orders No. 1, No. 2, and No. 3 for the project mentioned above. — We recommend the City Council approve these change orders. If you have any questions, please contact this office. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ZoTry Thomas P, Kellogg TPK:la Enclosures 2335 West Highway 36 ■ St. Paul, MN 55113 • 612-636-4600 - Fax; 6I2-636-I3II - i 1? IV 'SSSl-----g?ofOn)no,RO.B<»e6.Cr>^triBtv.MN Co.««.r Barb.f„s. A Snn^ I inod 93rf A>,^,,w' n.... ..v, Bond Co. iifiisJbiQsJMw. CHANGE ORDER NO. 2 NORTH LONG LAKByLONG LAKE COUNTRY CLUB SANII ARY SUWEH File 13988 Description of Work Exiend bypass piping in valve vaul. to allow City to connect to piping above g riulc, No.Item Unit Unit PHce 'IV i I rI 1 4 inch riser pipe extension EA $ I Total Crhange Order No. 2 $1,690.00 /Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $874,930.01 $12,420.00 $1,690.00 $889,040.01 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC date: Approved by Contractor Barbarossa & Sons Approved by Owner City of Orono 1 '■ cc: Owner Contractor Bonding Company Bonestroo & Assoc. 70294Ax).wb1 • • •• ••• •t .. r-•*r • r : r- ♦ . . •' • ,** ' * ; . <i« c* > • . •i COUNCIL MEETINQ JUN 2 3 1997 REQUEST FOR COUNCIL ACTION cmroFORONo DATE: June 23, 1997 ITEM NO.= AO Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description. Change Order No. 3 North Lake Sanitary Sewer Project This project requires the installation of storm sewer pipe in several steep areas adjacent to Long The pipe material for this storm sewer will be changed from concrete pipe to high density polyethylene pipe. This will reduce the amount of disturbed areas on the steep slopes as the contractor will be able to use smaller equipment for pipe installation. The quality and life span of the replacement pipe is equal to the original pipe specified. COUNCIL ACTION REQUESTED: Motion to approve Change Order No. 3, North Long Lake/Long Lake Country Club Sanitary Sewer project, in the amount of a $737.00 deduction Prrar::frr0j m MUiUj iWlil ma tTTIT ^ wif ■$! IH V^tJ 11*^ r.fii 'iwariTi :T;IiTi tl.HMjU:W.•TiTlTl I -.1 I Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) $874,930.01 $14,110.00 ($737.00) $888,303.01 Reconunended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. date: Approved by Contractor Barbarossa & Sons Approved by Owner City of Orono oc: Owner Contractor Bondng Company Bonestroo & Assoc. • ••»• - 70294/ioO.wbl M REQUEST FOR COUNCIL ACTION COUNCIL MEETING JUN 2 3 1997 DATE: June 23jCIPeOFORONO ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Change Order No. 4 North Long Lake Sewer, Tonkaview Drainage This change order is for the completion of the drainage improvements at the County Road 19/ Tonkaview intersection. Completion of the improvements under this existing contract with Barbarossa and Sons will save the time and expense associated with bidding of a separate project. We have unit prices for the completion of this work, so this change order will only require increases in the bid quantities. COUNCIL ACTION REQUESTED: Motion to approve Change Order No. 4, North Long Lake/Long Lake Country Club Sanitary Sewer project, in the amount of $31,450. 1 06/20/97 06:19 F.\X 812 423 0797 B.\RBAR0SSA & SON --- BONESTROO ©001/001 BARBAROSSA AND SONS, INC. P.O.BOX367 OSSEO MN 55369 61242S4146 61242S0797feic Memo Tk TomKeJogg From: Chris Hassel eci June 20j 1997 Res County Rood 19 Extra Work Barbarossa has leviewed the plan sheet for the storni sewer improvements at county road 19 ar^ Tonkaview. We ce« perform the work outlined on the plansheet for the sum of $31,4^ will have to speak to Jeff Gelslinger about scheduling the work to be completed. Rease call with any questions. m I Chris Hassel • Page! COUNCIL MEEHNO REQUEST FOR COUNCIL ACTION JUN 2 3 1997 CITYOFORONO DATE: June 23, 1997 ITEM NO.: Administcator Reviewed:Department Approval: Name Gregory A. Gappa Title Director of Public Services Item Description: Change Order No/2 Old Crystal Bay Road Trail Project i^enda Section: Engineer's Report Part A of this change order is for the improvement of the existing driveway along Willow Street that serves Otten Brother's Nursery. Reconstruction of Willow Drive wiA the addition of a right turn lane resulted in a steep driveway that is not suitable for use by vehicles with trailers. Part B of this change order is for the installation of additional concrete curb and gutter at the south City Hall driveway. The additional curb and gutter will improve the turning radius and prevent vehicles from driving on the lawn area. COUNCIL ACTION REQUESTED: Motion to approve Change Order No. 2, Old Crystal Bay Road Bike Trail Project, in the amount of $8,797.50. <-i' V V •.] J ! i : \ f > i ^ a Bonestroo Rosene Anderlik& Associates Engineers & Architects Bonestroo. Rosene. Andertik end Associates. Inc. Is an Affirmative Action/h'qua! Opportunity employer Principals: Otto G Bonestroo. P.E. • Joseph C. Anderllk. PE • Marvin L Sorvafa. PE. • Richard E. Tomer. RE • Gfenn R. Cook. PE. • Robert G. Schonicht. PE • Jerry A. Bourdon. • Robert W. Rosene. PE and Susan M. Eberfla C Senior Consultants Associate Principals: Howard A. Sanford. PJL • Keith A. Gordon. PE • Robert R. Pfefferfe. PE. • Richard W. Foster. RE • David O. Loskota. P£. • Robert C Russek. A.I.A, • Mark A. Hanson^ RE. • Michael T. Rautmann. P£. • Ted K.Field. PE. • Kenneth P Anderson. PE • Mark R. Rolfi, P£, • Sidney P. Williamson. PX. RX • Robert F. Kotsmlth Offices: Sl Paul. Rochester. Wilimar and St Cloud. MN • Milwaukee. Wl 1 June 17.1997 Mr. Greg Gappa City of Orono P.O. Box 337 Crystal Bay. MN 55323 Re: 1996 Old Crystal Bay Road Trail Improvements OurFUeNo. 13985 Dear Mr. Gappa: Enclosed please find four copies of Change Order No. 2 for the project mentioned above. We recommend the City Council approve this change order. If you have any questions, please contact this office. Sincerely, OQ/ROSENE, ANDERLK & ASSOCIATES, INC. Harlan M. Olson 4 HMO:gs Enclosure 2335 West Highway 36 ■ St. Paul; MN 55113 ■ 612-636-4600 ■ Fax: 612-636-1311 # rv AnderlkC mtamCAnMM Owner City of Orono. P.O. Box 66. Crvstil Bav. MN 5S323 Date June 17.1991 Contractor BuffaTo Bituminous, P.O. Box 337.2852 Co. Rd. 12 N. Buffalo. MN 35313 Bond Co. CHANGE ORDER NO. 2 1996 OLD CRYSTAL BAY ROAD TRAIL IMPROVEMENTS FUe No. 13985 Dcscriptfon of Work Part A of this change order provWes for removal and regrading of the existing driveway off Willow Drive into the Otten Nursery. Part B of this change order provides for concrete curb and gutter to correct a drainage problem and control traffic at the new trail at the City Hall entrance. The following items ate to be added to the contract. No.Item Unit Contract Unit Quantity Price Total Amount Part A Saw bituminous pavement Remove bituminous Remove curb Salvage existing Class 5 Class 5, aggregate base Type 41 bituminous for driveway Common excavation Bituminous material for tack B618 concrete curb and gutter LF SY LF SY TON TON CY GAL LF 130 2.00 275 2.50 120 5.00 275 2.00 75 12.00 50 45.00 SO 20.00 15 2:00 120 12.00 $260.00 $687.50 $600. $550. $900. $2,250. $1. $30.00 $1.440.00 I • • TotalPartA OTTFM $7,717.50 PartB B618 concrete curb and gutter Type 41 bituminous for driveway Total Part B C H V IP TON ):7K\V^WiCiV 60 12.00 8 45.00 $720.00 $360.00 $1,080.00 Total Part A Total Part B Total Change Order No. 2 $7,717.50 $1,080.00 $8,797.50 70294/bO.Wb1 .; .....'i “............................. - •; • • /* V. 1 ^ i Original Contract Amount Previous Change Orders No. 1 This Change Order No. 2 Revised Contract Amount (including this change order) $164,136.00 $10,938.00 $8.797.50 $183,871.50 Recommended for Approval by: BONESTROO, ROSENE, ANDERUK & ASSOCIATES, l^C date: Approved by Contractor BUFFALO BITUMINOUS Approved Owner CITYOFORONO cc: Owner Contractor Bonding Company Bonestroo & Assoa • * * 702S«to.wb1 REQUEST FOR COUNCIL ACTION '^Of/ ^3 ff\/Q C/7V DATE: June 17,199f^C/^o^^ ITEM NO: Q. !) Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: / Long Lake Fire Department Vehicle Purchase Proposal The Long Lake Fire Department is proposing to purchase and equip two vehicles in 1997 at a total cost of approximately $100,000. Based on the Capital Equipment cost sharing formula set out in the Fire Service Contract, the city of Orono would pay 70.24% of this cost. The two vehicles proposed for purchase are a used Suburban and a pickup/utility vehicle. The Suburban is to serve as a light rescue vehicle and will be used as the first response vehicle for medical calls. The suburban would take the place of the current 19 year old van-type vehicle that is outfitted for both medical and heavy rescue calls. The Suburban would be much better suited to quick response to medical calls, particularly in bad weather and on narrow and/or steep driveways. The purchase of the Suburban would provide an ideal light medical response vehicle. Using the Suburban for medical calls would substantially extend the life of the current rescue vehicle by limiting the rescue vehicle to heavy rescue calls, of which there are a relatively small number and for which the vehicle is best suited and equipped. The Long Lake Fire Department has provided substantial information regarding the Suburban vehicle. They would like to move ahead with the purchase of the Suburban vehicle as soon as possible. Please see the attached information from the Long Lake Fire Department regarding the Suburban vehicle. The proposed pickup/utility vehicle is to replace an existing 19 year old utility vehicle used for grass fires, hauling a boat and winter rescue equ^ >irent, and miscellaneous uses. The new utility vehicle would continue to be used in a similar way and could also be used to haul 5 inch hose which would be useful in areas without water service. The Fire Department has not provided detailed information regarding the proposed utility vehicle. City Funds Available The city has been setting aside $20,000-530,000 per year since 1993 into a fire vehicle replacement fund. The current balance in the fund is $125,000. The estimated cost of purchasing and outfitting the Suburban vehicle is $45,900. The city's share of this cost would be $32,240. Ownership The fire service agreement indicates that the cities participating in the fire service agreement will have ownership shares in each piece of major equipment based on the amount of initial funding r Request for Council Action Continued June 17,1997 page 2 of 2 Long Lake Fire Department Vehicle Purchase Proposal provided. The agreement also provides that if the agreement is terminated the city of Long Lake will have the right to purchase each contracting city's ownership share of each major equipment item at the original amount funded by that city. In the event that Long Lake waives its right to acquire full title to a particular major equipment item, the contracting city with the largest ownership share of that item shall have the right to acquire full title to the item by paying the amount funded by each of the other contracting ities. In the event that no contracting city wishes full title to a particular major equipment item it shall be sold and proceeds of the sale divided between the contracting cities prorata to their original funding. Future Capital Purchases Although the city's fire vehicle replacement fund can accommodate the requested 1997 purchases, these vehicles are very low cost in comparison to replacing fire engines and heavy rescue vehicles. The Long Lake Fire Department is estimating the cost to replace a fire engine in today's dollars is at least $250,000. The cost to replace the heavy rescue vehicle is estimated at $140,000. The^ costs are increasing substantially beyond the rate of inflation on an annual basis. Therefore it is very important that a 10-20 year vehicle replacement plan be developed so that the cities, and particularly Orono, can begin to set aside sufficient funds to meet the future needs. The Long L^e Fire Departoent has prepared an equipment evaluation that includes an estimated replacement time line (please see the attached equipment evaluation schedule). This is a good first step in establishing a vehicle replacement plan, including a funding plan. RtAfTRecommendation Staff recommends approval of the purchase of the Suburban light rescue vehicle at an estimated cost of $45,900, with the city's share of this cost being $32,240. Staff also recommends obtaining further infonnation regarding the proposed pickup/utility vehicle prior to approving that purchase. COUNCIL ACTION REQUESTED: Motion to approve the Long Lake Fire Department's proposal to purchase and equip a Suburban to serve as a light rescue vehicle at an estimated cost of $45,900, and approving the city s share of the cost at $32,240. Motion to approve the $32,240 cost to be funded from the Fire Vehicle Replacement Fund, and to amend the 1997 budget to reflect this expenditure. CITY OF LONG LAKE May 9,1997 received MW 1 3 W7 C\TY of orono Ron Moorse City Administrator City of Orono P.O. Box 66 Crystal Bay, MN Dear Ron, This is a follow up to the Fire meeting that was held on May 9,1997 at the Orono City Hall. As a part of the agreement to proceed with the purchase of two vehicles in 1997,1 stated I would supply the contracting cities with an update of the cost shares of the vehicles. Please find this information enclosed. These cost shares are based upon the con.ract language, estimated total vehicle costs of S100,000 and both vehicles being purchased in 1997. At that meeting we indicated that we would like to purchase one vehicle and outfit it so that it is operational by August of this year. In order to accomplish this goal, we would need to have your Council approve these purchases and obtain funding soon. I informed Councilmember Kelly that I, and the members of the Fire Department, would be more than happy to attend a City Council meeting to review this information and answer questions. If you would like us to attend a meeting, please let me know so I can make arrangements with the Fire Department. Also, as a part of that meeting we agreed to do and make several other things happen. I would like to summarize those here and have you or Mr. Kelly confirm them. They are: • Refine the Capital Improvement Plan for the Fire Department to better determine when vehicles will need to be replaced, projected costs(including inflation) and a schedule for replacement in a five year period • Respectfully request information from each cf the contracting cities on the amount of money set aside by each for funding Major Equipment purchases 1964 Park Avenue • Long Lake, Minnesota 55356 • 612-473-6961 612-476-9622 (fax) Ron Moone City of Orono Review of Fire Meeting 5/9/97 May 9,1997 page 2 Establish a regular meting period to review information about Fire Department operations, niajor equipment purchases and answer service concerns or questions Plan to include the contracting cities in the process of the potential relocation of the Fire station, particularly if there are going to be costs not covered by MnDOT for the replacement of the existing one 1 think that this reflects the conversation and agreements discussed at that meeting. If you, Mr. Kelly, or any of the other Council have any other questions or need more information, please let me know. Sincerely yours. ic^ph P. Lynch Ity Adminbtrator enclosures:Vehicle Purchase Cost Share spreadsheet LLVFD New Vehicle Presentation Handbook cc: LLFD Charies Kelly Long Lake Council Long Lake Fire Committee LONG LAKE VOLUNTEER FIRE DEPARTMENT 1997 VEHICLE PURCHASE PROPOSAL YEAR ORONO LONG LAKE MEDIN/V 1995 71.12%20.81%8.07% 1996 70.79%20.89%8.32% 1997 68.81%22.82%8.37% 210.72%64.52%24.76% . .a]- -70.2-^%.21,51%.8,25% — • *_ COST V-mmm TOTALS 100.00% 100.00% 100.00% 300.00% 100.00% $100,000 10:20 AM 5/9/97 Page 1 . ■ - Long Lake Fire Department New Rescue Vehicle Presentation Handbook I rL Table of Contents Introduction Introduction Mission Statement History of Existing Equipment Current Equipment Evaluation Determination of Needs Summation of truck committee meetings Identification ofpotential vdiicles Visits to other Fire Departments Thank you letters Benefits of New Rescue Vehicle Types of Calls Vehicle Attributes Age of Existing Rescue Equipment Mult^le Medical Vehicles Vehicle Specifications Type of Vehicle Equipment for Vehicle Vehicle Costs r-».~t.j- •. r- ■—it-tf____ r ^ p IfOng Lake Volunteer Fire Departiuent Introduction Hie ^ng Fire Department eiqiects a high level of professional conduct from all members. The truck committee is compromised of any of ah fire fighters interested in tdratifying needs and executing objectives which meet our community obligation relating to fire and medical emergencies. ^ ' *■ r F Mission Statement It IS the goal of the Long Lake Fire Department to miohnim the loss of life and property for Its fire service rec^ients in the cities of Long Lake, Orono and Medina from fire, natoal disasters, life threatening situations, inchiding medical emergencies and to assist other emergency agencies. It is t^ goal of the Long lake Fire department to perform these services in a professional and efficient manner by maintaining effective training, fire prevention, fire suppresaon and emergency reqionse ^ , yy f t e)dstingTruck Committee Current Equipment Evaiuationryar of Trueh | Ag« (In Y*ar«) | Fo«itlw Cowmants about truclc | LlmtU to TfuckI PrlorHv to R«pl«e«‘Eatimatad yra. to Raplacamant Enghtll 1992 5 Navvast Fla currant and future naarb Enoina12 1982 15 Graat First rasponsa truck Fla currant and (utura naada Engina13 1974 23 Nicatohava3rdEnoina Tankarll Tankar12 1989 1978 8 FIs currarl and (Utura naads 19 FIs currant and (Utura naada UUkyll 1978 19 FIs In s)dstlng space Rascual 1978 19 Good an arouttd rascua Moms many paopla Wdn dsslgn^ s)4arlor atorags Boat 11 1981 16 FIs currant and (utura naada i!_ BaUmatad Coat for a Ugiit Waacua ■ 4 46.000 iL. Siza beginning to age low crawsizs age madKim low low crewsln ago ago safety high high Page 1 Eatimatad Coat to Raplaca (In today’s Dollaral 20yaara $250,000 10 years 3-5 years $250,000 $250,000 15yaars 10-15 years $75,000 $75,000 0-1 year $60,000 1-2 years without purohaao of light rascua 6-10 yaara with purchaaa of light rascua $140,000 10 years $20,000 * V r Determination of Needs Summation of truck committee meetings Over the course of 6 months, approximately 8 members of the Long Lake Fire Department have spent approximately 75 hours discussing current equipment needs as well as future equipment needs. These meetings have been held from October through March on the 4th Wednesday of the month and will continue as a common meeting time for future vehicle needs. During the first few meetings, the goal of the committee was to identify immediate needs based on Community requirements (call types.) We identified an immediate (0-1 year) need for a new Quick Response Rescue vehicle and a new Utility vehicle. We also identified the need for a new Pumper witlun the next 3-5 years. During our January meeting, a conscious decision was made to have the committee focus solely on a li^t rescue over the next several months. During February, we ^ent approximately 60 hours visiting several filre departments, including Chaska, Jordan, Mound and Wayzata to evaluate what they were using for medical only response. We saw a variety of vehicles, including extend-a-cab pick up trucks, 4 door pick up trucks and full size rescue units (similar to ours.) In aU cases, vehicles were no more than nine (9) years old. We also had a rescue unit from North Memorial Hospital come to our Fire Station. This vehicle was a 1994 Suburban. Based on viewing these units, as well as further discussion, it was decided in Febniary to go with a Suburban. During the February meeting, we began to discuss equipment needs for the vehicle. In addition, we reviewed documentation received from a Fire Apparatus Vendor, Odyssey, pertaining to design and layout for a Suburban. In March, we finalized vehicle requirements and equipment q>ecification lists, with estimated costs, for the new vehicle. This information is included later in the presentation materials. Long Lake Volunteer Fire Dept. 1964 Park Avenue Long Lake, Minnestota 55356 Office: 612-473-9701 • Fax: 476-9622 April 7,1997 North Memorial Medical Department Attn: Kelly Spratt 4501 68* Avenue North Brookl}!! Center, MN. 55429 Dear Kelly, 9” Volunteer Fire Department, I would like to extend a sincere Thank You for allowing us to look at your Suburban Medical vehicle. This ev'ening, Wednesday, Febniaiy 26, Mike Oliverus took the Ume to bring this unit to our station at appro.Nimately 7:00 pm. Five members of our department spent approximately V4 hour looking at the tmek focusmg our attention on qpace utilization within the vehicle. During this timeframe, Mike oEFeied significant mput on how North utilizes the truck. We arc cunendy in the pro<^ of designing 2 new fire units, one being a light rescue unit and the other being a uUlity unit. In addition, we will be building a new fire station within the ne,xt 3-5 years due to cliangM in the Highway 12 f^ce^vay corridor. The input and knowledge that partner agencies possess will certainly help us best prepare for future incidents as a Medical and Fire Response Department. Once again, please extend a sincere thank you to Mike for the time he spent at our station. Sincerely, Steve Persian 1st Lieutenant HO/SP cc: Mike Brown, LLFD Chief Chris Kellty, LLFD Asst. Chief r k :Ju I i t i * Long Lake Volunteer Fire Dept. 1964 Park Avenue Long Lake, Minnestota 55356 Office: 612-473-9701 • Fax: 476-9622 April 7,1997 Mound Fire Department 2415 Wilshire Boulevard Mound, MN 55364 Dear Fire Chief: On behalf of the entire Long Lake Volunteer Fire Department, I tvould like to extend a sincere "Thank You" for allowing us to tour your fire station. On Saturday, March 1, three members of our department spent appro.ximately an hour at your Fire Station. Tim Palm spent the hour touring us around your station as well as showing us your fire apparatus. He also took the time to e}q)lain how the apparatus was used during fire and medical call situations. 1 am truly grateful that Tim took the time to ^ve us the tour of the station as he offered a great deal of knowledge and information about your equipment We are currently in the process of designing 2 new fire units, one being a light rescue unit and the other being a utility unit In addition, we will be building a new fire station within the ne.\t 3-5 years due to changes in the Highw^ 12 freely corridor. The input and knowledge that partner agencies possess will certainly help us best prepare for future incidents as a Medical and Fire Response Department. Once again, please e.xtend a sincere thank you to Tim for the time he spent with us. Sincerely, Steve Persian First Lieutenant HO/SP cc: Mike Brown, LLFD Chief Chris Kelley, LLFD AssL Chief i Long Lake Volunteer Fire Dept. 1964 Park Avenue Long Lake, Minnestota 55356 Office; 612-473-9701 • Fax: 476-9622 kstr; April 7,1997 • Jordan Fire Department 116 East First St. Jordan, MN 55352 Dear Fire Chief: On behalf of the entire Long Lake Volunteer Fire Department, I would like to e.xtend a sincere “Thank You” for allowing us to tour your fire station. ^ Saturday, Fdjruaiy 8, three members of our department spent the morning on the road looking at other departments' fire apparatus and fire station set up. We arriv^ at your station at approximately 8:00 AM. I am truly grateful that a member of your department qjent over an hour giving us a tour of the station and the current fire apparatus. While I can ’t remember his name, this gendeman offered a great deal of knowledge and information about both your equipment and your station design. We are cumntly in the process of designing 2 new fire units, one being a light rescue luiit and the other being a utility unit Your new 4 door pick up, which looks great, is one of the options we are Hi!cni«iiig In addition to fire apparatus, we will be building a new fire station within the next 3-5 years due to changes in the Highway 12 fireeway corridor. Once again, please extend a sincere thank you to the firefighter which took the time to give u? this tour. Sincerely, Steve Persian First Lieutenant HCVSP cc: Mike Brown, LLFD Chief Chris Kelley, LLFD Asst Chief r : Long Lake Volunteer Fire Dept, 1964 Park Avenue Long Lake, Minnestota 55356 Office: 612-473-9701 • Fax: 476-9622 April 7,1997 Chaska Fire Department 285 Engler Blvd Chaska, MN. 55318 Dear Fire Chict »«»«d. -n^ ^ 8, three membeis of our department spent the morning on the road looking at other d^ents file awMiate. At approximately 9:00 AH we were passing your station and decitW to “raplctcly unannounced, I am truly grateful that a member of your depaitawnt ^nt over an hour giving us a tour of the station and the current fire apparatus WhUe I can’t We are cunently in the process of designing 2 new fire units, one being a light rescue unit and the other Once again, please extend a sincere thank you to the firefighter which took the time to give us this tour. Sincerely, Steve Persian 1st Lieutenant HO/SP cc: Mike Brown, LLFD Chief Chris Kelley, LLFD Asst Chief - -mt Benefits of a new Suburban Rescue Unit Types of Calls Currently, 30% of the calls we have require strictly medical support. Vehicle Attributes Size - More accessible to households Design - Provides for the latest safety requirements during vehicle travel - keeps Medical equipment warm, even if parked outside during a call Age of Existing Rescue Equipment Currently, the Rescue umt we use is 19 years old. With the purchase of a new umt, we will actually extend the useful life of this unit due to decreased use. Multiple Medical Vehicles Having two fulfy equ^ped Medical units provides increased protection and support for the communities we serve. InciJcoi Coiiimand Unit foi T<;iirllcl<J Fire Depart men I ! b> Chly^st-y Aiilunwiive Specially i 0 1W5 CMC Subu-’-1)2500♦ Cuslom coiDinaiul cabinetry liolds a coini)uicr; communiailions center in rear of veliicic Pull-out command board ♦ heavy-duty electrical system ♦ Custom grjpliics by Odyssey ■. V- .\ -/wr ' I f * ^ ■ vis /•Cv-’-VTi wLlSS^r.^'^TiT'-c,-, . V pp:f| • ^ (•• i f*;"' - .* .x» .??-■ :'-#!i*'.'' v•^’.v^# *-»•r^ fp'tj.. f *\,'-y• C ’’ ■« t .>*.. .' •.• >-»/ ■?• .' mWENT COMMAND r#b*T^. *.:t • ^ VkJ / K» * - % litefe' :r;>' ill :-■ ri V./a v:t}y*^v-rr — ^iggPiim- ' Kte;’: *1^1i ;• •*»". *•' * • *.* /1 . •■ • *• • . • .1 •♦ ♦ • • i»- •> -:• • •- <,;* • •* ' • • . ••• * . *.v »j .. . . -•. ^ /r|if*-‘v^ r.V* * •*’ * *•. '■ * • • .*■ W^xmm'rb €9.ms .bv : •;■'v-: ■: mMMmm.*%. • ;JL- ■i - /•* Featur^^ • Choice of GM-cf- fured drive trains • Odyssey’s pat ented Interior- mounted electri cal Control Center • Powerline 190- amp alternator • Two heavy-duty batteries • 30-amp, 120*volt shore line v^ith console-mounted warning light • Rhino push-bar • Interior console • Pockets cut into rear cargo doors • Customized cabin etry with adjust able shelves • Thermostatically controlled cabinet heater • All popular v/2*n- ing equipment Options • 15- or 20-amp aulo-ejecl pov^er inlet for shore line • Power door lock switch in rear cargo doors • Ignrtion over-ride switch • Engine block heater • Power winches and push bars • Exterior paints of DuPont urethan custom colors • Lettering. EMS markings and other graphics, re flective or stan dard • Scene lighting : •... ' -sgnaattsas I I’ m:mmm Abate, a 1993 Ch^vroUrt Suburbs coni^rted to a paraniedic response unit in sendee in Lancaster, Pa. Aboie, left, Odyssey ^s paienlcd console puls ccniroh conxcnienlly uithin reach of the driver and passenper. Abate, ripJj, duralle cabinets come in standard layout for most equipment or customized for your gear. Belou, Odyssey's palerJed electrical Control Center, designed to pratide the high patter needs, dependahilily a.id seniceability required for crrjergeruiy vehicles. All of these features are standard on Odrssey Suburbans. V^wn after 30 years. General Motors ’ venerable 5\jl)i]rlinn is ibo “co!rl sUindard" for first response veliiclrs OJysscv br> boon putting the finishing touch on llu rn for more than 10 years. W'luilier used as a paramedic unit, a BLS first icspO!)cer »ruck, an incident command post or other duly, llie Suburban offers the ability to transport people and cquij ’ment depcndaldy, comfortably, safely and in style. The latest generation of Suburbans is no different. The new aerodv- tTi TWI Suburban 'sS is just as tough • and flexible as previous genera tions. Odyssey adds heavy-duty electrical and suspension sys tems, and tough cabinetry de signed to cany your equipment. For m a n y agencies, the Odyssey Subur ban is their best choice. \^‘hal- ever your idea, we can make it work. And your Odyssey Subur ban will give you years of ser vice and pride. a: •*: «S It'-: f-V;- ■ ^>; t sliS V,«VIM* » *■ iV . : WA'T. AUTOMOTIVE SPECIALTY 317 Ric ‘‘.a'ci Mine Rd • Wharton, N.J. 07S65 2D1-325-2567 • FAX; 201-328-2639 1-800-535-9441 \Vhc:fu t \nu ch»}n;c t(* ti.^c \0t4r SuhurlKin cs an EStS unii, iin incit!cn! comna •:d post or a u: .'in ur.if, the 5 4/ ( : rivs pv'ip!f crj equipment m§m Suburixins r ?i»: r *.>*.5*m mm ^l\: fr.'.v: CKj**:fi:r:c})!\, i: 'j>:nJah,\ and Wfii 7'M ^ fi J^'iw •• !<■: .:^ .; :k; A-:*.wm *' *" nr***-*-^ nss -rr—yirr^SyjjSI >. y •*/v- v m ' •*. • cr'trrf • f \ t '^J^' *■ • v'**^ .“iiv ^ “ • i.* »J-s^*r»^.mm *• /<* ^*‘T/(j • T.: : ^ -rf *t*':*. t • ,v\.- ^^'s:*T!-f m-i :>■ ;. ■m. r\ :.; V. : . • /i. : •: tics*, . -'•: >ym • » ■. /. : t * #’..**'** . • " J I ' 0 M - a - ■" ■ ^'i :r^‘.' '*V‘v''^*^ i.;» ''iikREsm E panifARF isii^ V. j^'- . ’r- •------------~lighting packagf^ meets all zone requirements of the new NF.PA 1901 specifications. r^c=3- *. c « / 'v. *’•''l f5 C: ^ I • • •; Zone A ..UPPER •!)1 - Model 9308NFPA, >"Edge 9000 Lightbar (red/blue/clear-front, amber-rear). Zone requirement: 1,000,000 CSM Zone total: 1,126,668 CSM LOWER 2 - Model 64FC20RU, 64 Series Linear Strobes (red). Zone requirement: ^150,000 CSM ^Zone total: 154,538 CSM J - r.< ; • ; ‘ " Zone B UPPER 1 - Turbo Tube (amber, from Model 9308NFPA Lightbar, from 2one A). 2 - Model 810C20RU, 810 Linear Strobes (red). Zone requirement: 400.000 CSM Zone total: 416,462 CSM LOWER 3 - Model 580C20RU, 508 Linear Strobes (red). Zone requirement: 150.000 CSM Zone total: 184, ;c>y CSM ,-■» i t " ; - ■■ ■ ■ L ■ ' ■ • • Zone C UPPER 2 - Model 970C20AU, 97 Series Linear Strobes (amber). Zone requirement: 800.000 CSM Zone total: 833,133 CSM LOWER 2 -Model 810C20RU, 810 Linear Strobes (red). Zone requirement: 150.000 CSM Zone total: 200,897 CSM Zone Zone B Passenger sld^j f’Zohe * > • •' • t’ A f'.y--' ” '■ Front Zone D Driver side;’ji* ,*^ Back 1&':' - • I Zone D UPPER 1 - Turbo Tube, (amber, from Model 9308NFPA Edge Lightbar, zone A). 2 - Mode! 810C20RU, 810 Linear Strobes (red). Zone requirement: 400.000 CSM Zone total: 416,462 CSM LOWER 3 - Model 580C20RU, 508 Linear Strobes (red). Zone requirement: 150.000 CSM Zone total: 184,197 CSM Power Supplies Used 4 - Model UPS64C to run all 16 strobe lightheads. Total Average Amperage Draw for System: 45 Amps. CAUTiON. A3 dtvicts ».^own in Ws proposil wtH m«ot new NFPA 1901 lichlino SuncUf^i-They hav« *® til SAE lilting riQui-i-ntnis ind tpacfcations by AAWVA or «i ‘^•'^tCA.Moft Stitts rsquifi emergervcy vorucies to comply and thirtfort mert compi.anct nn NFPA Standards may net Itflany mtet s*.ati rtquifamfnts. Whel EM ENGINEERING COMPANY, INC. 9 Route 145, Winthrop Road, Chester, CT 06475 (860) 526-9504 • Fax: (860) 526-4078 Wn.'.. Eng««w.<, in0nm lA. n,A| Long Lake Fire Department New Rescue Apparatus Specification Sheet I Vehicle Information | Type Year Size Engine I Vehicle Accessories | Suburban 1994 or 1995 3/4 ton 5.7L or 7.4L Gas Engine Cellular Phone i Vehicle Modifications | Costs (f-- 300 Painting Detailing, including Decals Light Bar/Siien Radio/Instiumentation (installed) Rear Compartment adjustments Total Vehicle Costs 2.500 1.500 2,000 1.500 3.500 35,300 4.|0® S I r , I !• ^ I ' Prepared by Long Lake Fire Department 4/3/97 Page 1 ¥ ^ Long Lake Fire Department New Rescue Apparatus Equipment Specification Sheet i Item Description First Aid/Oxygen Kit with extra bottle Heart Start Suction Kit Handie Talkie (JT1000) Long Back Boards Short Back Boards Head Blocks Neck Collars Mast Trousers Blankets Splint Equipment First Aid Vests Tool Box w/toots Flares Fire Extingiisher Pediatrics Bag Trauma Kit Flashlights Hare Traction Bum Kit 1 Set ISet ISet Total Equipment Costs Total Vehicle Costs Total In-Service Costs Prepared by Long Lake Fire Department 1 1 1 2 2 2 4 1 2 6 1 1 1 2 1 1 I Cost I 800 5,000 ' ISO 1,800 350 200 50 50 500 50 300 150 50 0 Existing 50 200 200 0 E)dsting 0 Existing 700 10,600 35,300 j 45,900] COUNCIL MEETING Department Approval: Name Ron Moorse Title City Administrator JUN 2 3 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: June 20, 1997 ITEM NO: o? ^ Administrator Reviewed:Agenda Section: City ACininistrator's Report Item Description: Lease Rates for the Location of Telecommunications Antennas on the City's Water Towers The city's telecommunications antenna ordinance provides that telecommunications antennas will be located on the city’s water towers. Staff is working with the telecommunications consultant, the City Attorney, and the telecommunications providers to finalize a lease agreement for the use of the water tower space. A key element of the lease agreement is the lease rate for space on the water towers. Staff has surveyed other cities regarding lease rates and has found rates generally ranging from $10,000 per year to $14,500 per year. Examples include Spring Park at $10,000 per year, Medina at $12,000 per year, and Mmnetrista at $14,500 per year. The city's telecommunications consultant has indicated lease rates around the Metro area are generally in the range of $10,000- 12,000 per year. Although there are examples of rates at the $ 14,500 and above. It is staffs recommendation that the lease rate for locating PCS and ESMR antennas on the city’s water tower be set at $14,500 per year. COUNCIL ACTION REQUESTED: Motion to approve the lease rate of $14,500 per year for PCS and ESMR antennas located on the city’s water towers. COUNCIL MEETING \ REQUEST FOR COUNCIL ACTION Department Approval: Name Ron Moorse Title City Administrator JUN 2 3 1997 CfTYOFORONO DATE: June 17,1997 ITEM NO: Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Curbside Recycling Contract Extension for 1998 to 2000 The city has contracted with E-Z Recycling for the last 5 years to provide curbside recycling pickup in Orono. The current three-year contract will expire at the end of 1997. Amelia Kroeger, the West Hennepin Recycling Coordinator, and the West Hennepin Recycling Commission are recommending the contract with E-Z Recycling be extended for an additional three years through the yeai- 2000. a Cost The cost per household for the pickup service will remain at $2.04 per household per month. The total contract cost will increase based on the increased number of households. Based on a household count of2,737, Orono's annual billing for 1998 would be $67,001.76. Market Volatility The market generally provides some level of profit to the contractor for the various recyclable materials. For example; in 1995 the market for newsprint was very favorable. At tliat time the contractor initiated a revenue sharing arrangement through which the city would receive a share of increased revenues due to the very favorable market conditions. This revenue shari.''g agreement is now a part of the contract. Recently, there has been a substantial drop in demand for recycled materials, particularly newsprint and plastics. In the current market the contractor is unable to sell the newsprint and, in fact, is currently paying to recycle the newsprint. This is a good example of how market changes can significantly affect the economic viability of the recycling service and place contractors at some level of risk entering into multi-year contracts with fixed prices. In order to reduce this risk the recycling contractors have begun to request some level of cost sharing with cities during times of market dov' itums. The proposed contract includes a provision that if the contractor is paying more than $5.00 per ton to recycle newsprint the city will pay the contractor 50% of the increased market downturn cost. If the contractor is paying more than $40.00 per ton to recycle plastic containers with a neck, the city will pay the contractor 50% of the increased per ton market downturn cost. We are currently in a market downturn condition m relation to both newsprint and plastics. r Request for Council Action continued page 2 of 2 June 17,1997 Item: Curbside Recycling Contract Extension for 1998 to 2< Currently the contractor must pay $10.00 per ton to recycle newsprint. The city of Orono generates approximately 50 tons of newsprint to be recycled each month. If the city pays 50% of the increased cost to recycle newsprint, the city will pay $2.50 per ton times 50 tons per month which is an additional $125.00 per month or $1,500.00 per year. Because the city only generates approximately 2 tons of plastic containers per month ti'.e potential cost increase for plastic is not significant. Although the potential additional cost related to the reduced market price for newsprint is not an insignificant amount, it is a reasonable arrangement to help ensure the continuity of recycling services. The market downturn both in newsprint and plastics is expected to rebound in the near future, hopefully before the 1998 contract takes effect. However, if the market were to worsen and the city's costs were to increase substantially, the city has the option of discontinuing the collection of the high cost recyclables. COUNCIL ACTION REQUESTED: Motion to approve the extension of the curbside recycling pickup contract with E-Z Recycling for 1998 through 2000 at a cost of $2.04 per household per month with the added revenue sharin.; and market downturn language, and to authorize the Mayor and City Clerk to sign the contract extension agreement. J WEST HENNEPIN RECYCLING COMMISSION Greenfield-Independence-Long Lake-Loretto-Maple Plain-Medina-Orono 65 Stubbs Bay Road Maple Plain, MN 55359 476-0012 To: Ron Moorse - City of Orono From: Amelia Krpeger Re: For City Council Action - Curbside Contracts - 1998 through 2000 Attached is a copy of Orono ’s original contract with E-Z Recycling (E-Z) and your 1995-97 contract extension. E-Z wntmues to-perform extremely well and ♦»>eir proposal for extending Orono ’s contract is fair and compares vety favorably with contracts m other Hennepin County cities. I recommend Orono extend it’s contract with E-Z for 1998 - 2000. Amendments to Existing Contract Refer to attached Extension Agreement for 1998 - 2000. If Orono agrees to e^end it’s contract with , ^s Extension Agreement will need to be signed and dated and returned to me, along with a copy of your Re^lution. I will forward the Extension Agreement to E-Z for signing and return the original to Orono. This amended contract agreer ant has been reviewed by WHRC’s attorney. Contract Amount E-Z proposes a monthly per household charge of $2.04. Based on a household count of 2,737, Orono ’s annual billing for 1998 would be $67,001.76 lied monthly at $5,583.48. Please bring this item to the attention of your City Counci, return the signed Contract Extension Agreement and copy of your ResoluUon to me before June 30, 1997. As sodn as I receive your sitged Agreement, I will sen your cu side recycling budget estimate for 1998. I, of course, am available to answer any questions that may anse relative to the proposed extension and amendments. Thank you. •'.rery truly yours. Amelia Kroeger, Recycling Coordinator copy of letter and contract extension to D oiothv Ilallin enclosures Ftmded by WHRC with partial funding by Hennepin County Printed on Recycled Paper mth 50% Post-constmier Content Curbside Contract Extension Agreement for 1998 - 2000 City of Orono ond E-Z Recycling TOs Agreement extends the 1993 - 1997 Recycling Collection Curbside Contract between the City of Orono and u JI"* ■"‘^'xally agree that the contract aboveIS extended through December 31, 2000. This Extension Agreement is subject to the following amendments to the original contract: ' 1. Annual Increase based on increased household counts The Contractor will receive a prorated annual increase based on the current cost per household per month calculat^ on any increased household count in the preceding year, beginning with the household counts at jJecemDerjl, 1998. 2. Material Revenue Sharing Effective August 1, 1995, the Contractor instituted revenue sharing for newsprint. If the market value for new«;onnt is over $50 per ton, the Contractor will rebate the City $5 per ton. If the market y^ue of newspnnt v. uv*. r $!00 per ton, the Contractor will rebate the City $10 per ton. The Contractor will use the monthly average v.. • price from Waldorf, Pioneer Paper and Weyerhaeuser to determine tlie amount to be paid. f'"' recycling newsprint and plastics continue to fluetuate, effective January 1, 1998, the City agrees to share m market dotvntums with the Contractor. If the Contractor is paying more than $5 per ton to recycle newsprint, the City will pay the Contractor 50% of the increased market downturn cost. The Contractor will use the monthly average scale price from Waldorf, Pioneer Paper and Weyerhaeuser to determine the increase. If the Contractor is paying more than $40 per ton to recycle plastic containers with a ncwk the City will pay the Contractor 50% of the increased per ton market downturn cost. The Contractor will use the monthly average scale price from Phoenix Recycling and Quality Check to determine the increase. The ^rces to provi e the City with 90 days written notification prior to implementing this increase in costs to the City, and to provide the City with verification of market prices upon request. * * * « « The City shall pay E-Z Recycling $5,583.48 per month for the services outlined in this Agreement and the onginal contract It is understood that unless a 90 day market downturn notice has been provided, the maximum Extended and Amended this___day of_________;;_______ CITY OF ORONO By; By: Its Mayor Its City Clerk ________ 1997. E-Z RECYCLING By: ______ By: Its CEO Its Exec. VP WEST HENNEPIN RECYCLING COMMISSION Greenfield-Independence-Long Lake-Loretto-Maple Plairv-Medina-Orono 65 Stubbs Bay Road Maple Plain, MN 55359 476-0012 RECEIVED MAY 1 41997 To: WHRC City Administrators and City Councils CITY OF ORONO From: Amelia Kroeger Re: Downturn in Markets for Recycled Paper The markets for recycled paper (especially unsorted mixed paper) are at record lows. This reality has put serious financial pressure on curbside recycling collection haulers. The WHRC commissioners have met and decided to share in the $10 per ton cost to take paper for recycling to the Hennepin Transfer Station. The WHRC will make a three-month commitment with both Wright Recycling (Greenfield) and E-Z Recycling (Independence, Long Lake, Loretto, Maple Plain, Medina and Orono) to split the per ton charge 50/50 retroactive to May 1, 1997. The $5 per ton share will come from WHRC reserves and will be based on Wright’s and E-Z’s monthly tonnage reports for our 7 cities. In addition, WHRC will make a three-month commitment to share in Wright’s additional transport costs 50/50, which amounts to $75/mo. The S75 per month will, as well, come from WHRC reserves. The Commission reserves can realistically support six months of sharing this market downturn cost with our vendors on the basis reported above. We will, however, reevaluate the situation mid July for any necessary extension of this commitment. At this time the outlook does not look promising for a turnaround in market conditions before at least September 1997. However, the Minnesota Office of Environmental Assistance, Hennepin County Environmental Management, and our haulers are working hard to locate acceptable new paper recycling markets. It is my sincere hope that we can use this current situation to support the functioning of our recycling system, and work to improve it. The Commission will also be providing a special recycling bin flyer that will inform residents of this market downturn and reinforce the proper sorting of paper items for curbside recycling. I Very truly yours. Amelia Kroeger Recycling Coordinator Copy to WHRC Commissioners Funded by WHRC with partial funding by Hennepin County Printed on Recycled Paper with 50% Post-consumer Content r ^OOa, REQUEST FOR COUNCIL ACTION C/ry ^9or Or DATE: June 17, \9^Gt\jQ ITEM NO: >'(o Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator ’s Title City Administrator Report Item Description:/ Highway 12 Design Neighborhood Committees The process of developing a preliminary design for the new Highway 12 is now underway. A design review committee with representatives from Orono, Long Lake and Wayzata, as well as from other agencies with an interest in the project, is meeting on a monthly basis to address issues related to the preliminary design. The Council has now held two neighborhood meetings with property owners affected by the proposed new highway. At these meetings, the Council requested that interested property owners volunteer to serve on two neighborhood committees to provide input to the Council and to the Design Review Committee regarding the design of the highway. To this point the following property owners have indicated an interest on serving on the neighborhood committees: West Neighborhood Committee: Roger E. Dumas 405 Old Crystal Bay Road Brian Fulmer 3505/3507 Wayzata Boulevard Bob Sansevere 745 Orchard park Road Jeffrey J. Martin 760 Hunt Farm Road Donna Crotteau 2650 Silver View Betty Bruning 315 Silver Meadow Drive Donna Crotteau and Betty Bruning have proposed to split the duties of representing their area on the neighborhood committee. r Request for Council Action continued page 2 of 2 June 17,1997 Item: Highway Design Neighborhood Committees East Neii^hborhood Committee: James Palmer 1350 Orono Oaks Drive Clark Jenney 1320 Orono Oaks Drive Julie Palmer 1190 Lyman Avenue The Council has indicated the meetings of the neighborhood committees should be published so that all interested property owners have an opportunity to attend. Staff will work with the Committee Chairs to develop a schedule of meetings and provide news releases to the local newspapers in order to provide notice of the meetings to all affected property owners. COUNCIL ACTION REQUESTED: Motion to appoint the members of the two neighborhood committees. COUNCIL MEEHNO Department Approval: Name Ron Moorse Title City Adiniiiistrator JUN 2 3 1997 REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: June 4,1997 ITEM NO.: 9 / Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Authorization to Initiate an Internal Promotional Process for a Sergeant Position ► For a number of years the Police Department had three lieutenant positions—two patrol lieutenants and one administrative lieutenant-providing supervision on all three shifts. Through resignations and retirements, this number was reduced to one lieutenant in 1994. At that time, three officers were promoted to corporal positions to provide for lead officers on each shift. This has provided many benefits to the department. The corporals have taken the initiative to address many needs as they have arisen. However, it is difficult to assign major ongoing managerial or administrative responsibilities to the corporals due to their primary patrol responsibilities. In 1996 the remaining lieutenant was promoted to the chief position leaving no true supervisory positions below the chief. With a department of 18 full-time and 3 part-time staff, having only one true supervisory position stretches the chief beyond reasonable limits in terms of supervisory and managerial responsibilities. As a solution, it is recommended that the corporal positions remain in place and a process to fill a sergeant position through internal promotion be initiated. The sergeant would have patrol responsibilities, but would also have substantial supervisory and managerial responsibilities. A memo from Chief Cheswick regarding the sergeant promotion is attached. The proposed pay rate for the sergeant position is based on market comparisons and providing a reasonable pay differential between the patrol officer position and the sergeant position. It is proposed that the sergeant base pay rate be set at $22.13/hour with the same longevity pay schedule as the Patrol Officer classification (i.e. 3% @ 4 yrs, 5% @ 8 yrs, 7% @ 12 yrs, 9% @16 yrs). The sergeant position will be eligible for overtime pay according to the City's compensation policies. COUNCIL ACTION REQUESTED: Motion to approve the creation of a sergeant classification in the Police Department with a base pay rate of $22.13/hour and a 3-5-7-9% longevity pay schedule. Motion to authorize an internal promotional process to appoint a sergeant. Date:Mays, 1997 To:Ron Moorse, City Administrator From:Gary Cheswick, Chief of Police RE:Sergeant Promotion I am requesting permission to replace a vacancy of the intermediate command position. This memo is intended to list the need for that position and clarify the reason for increased supervision in the management chain of command. This position was previously that of a Sergeant, and more recently a Lieutenant. Currently there are three shift supervisors, titled as Corporales. These positions provide supervision on a limited basis. The Corporals' position relate to minimal managerial responsibilities and mainly provide for shift work only. The position of Sergeant provides assistance in reviewing job performance, evaluation of job productivity and handling personnel related problems (ie. complaints against officers, direction for internal affair, monitoring investigations etc.). As in the past this continues to be necessary in the proper management of a public safety unit. The Sergeant position would provide for street supervisor as well as helping with in house managerial responsibilities. The Sergeant will have good technical knowledge of state laws, city ordinances, department policies, and state and federal case laws. ! f The Sergeant will be abe to write clear reports and articulate to subordinates all the elements of a crime and details necessary for proper follow up investigation. The Sergeant will be able to direct proper response to calls for service and proper initial investigation of crime. The Sergeant will be self-motivated and self disciplined to strive to be professional. The Sergeant should be willing to put the concerns of the citizens and the good of the department first. In addition as you had requested a list of job tasks , a job description and information relating to the Sergeant position have been delivered. Please review and contact me if you need anything additional. A sergeant with the Orono Police department is expected to do the following: -Review reports and assign follow-up as needed -Determine shift schedules and changes -Review training needs -Supervise shift patrol functions -Determine on-scene investigative needs -Determine over time usage -Determine equipment usage -Supervise and determine patrol usage and special projects -Evaluate personnel under his control -Supervise internal investigations and recommend discipline -Maintain equipment (squads, safety equip., etc.) -Other tasks as assigned or needed The sergeant is expected to demonstrate leadership through example and to be able to motivate personnel through team-building skills. Excellent communication skills are necessary for both internal intersections as well as serving our citizen customers. The successful sergeant will need to be loyal to the values of the department. MISSION STATEMENT: The Orono Police Department, through teamwork and cooperation, will be responsive to our citizens' needs with a professional level of dedicated service. Officers will display the liighest integrity, and regard each citizen with a focused and unbiased attitude. Our citizens will determine our success. REQUEST FOR COUNCIL ACTION ^3Ciry OPo DATE: June 17,1997 ITEM NO: y ?0/Vo Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator's Title City Administrator Report Item Descriptio;.: Local Performance Aid Certification In 1996 the State Legislature took a portion of the Homestead and Agricultural Credit Aid (HACA) received by cities and placed it into a new program called the Local Performance Aid (LPA) program. For Orono the Local Performance Aid in 1996 was approximately $8,400. It appears the Orono's allocation of LPA revenue for next year will be approximately $9,300. The LPA program, as its name implies, is a program to encourage cities to develop performance standards or measures related to the delivery of various city services. This involves first developing basic units of measurement for each service. The next step is to develop performance standards to measure the efficiency and effectiveness of the delivery of each of these services. In order to be eligible for the LPA aid, the city needs to begin a process to develop performance measures. Although the relatively small amount of the LPA aid is not a substantial incentive to Orono, there has been some discussion at the Legislature about expanding the LPA program to increase the amount of aid available. Several groups of City Managers and Administrators around the Metro area are involved in discussions regarding the development of performance measures for city service delivery. The one caution is that it is important the time, effort and resources required to develop and carry out a performance measurement program do not exceed the benefits provided by the program. In order to continue participation in the LPA program for the next year, the city needs to sign a certification of local performance measures that includes three items: 1.The city needs to affirm that the LPA will result in a reduction in property taxes at least equal to the amount of the Local Performance Aid received. This is a straight lOrward affirmation since any additional aid received from the State will offset the need for property taxes to fund city operations. The city must affirm that the Local Performance Aid will be spent on the program or programs for which it has developed a system of performance measures, and that these measures will allow for the measurement for continued improvement and will be regularly compiled and presented to the City Council at least once per year. The Request for Council Action Continued page 2 of 2 June 17,1997 Local Performance Aid Certification city can make this affirmation for the 1998 LPA if it is in the process of developing performance measures. For 1999 LPA, the performance measures must be in place. The city must indicate what program or programs will be funded by Local Performance Aid, or for which program or programs the Local Performance Aid will be used to establish performance measurement systems. It is recommended the city indicate police and public works programs since they are the largest part of the city's budget. Staff Recommendation Staff recommends continuing to participate in the LPA program and moving ahead with efforts to develop performance measures. COUNCIL ACTION REQUESTED: Motion to authorize the Mayor and one Councilmember to sign the LPA certification. MINNESOTA Department of RevenueProperty Tax DivisionJune 5,1997 Mail Station 3340 St. Paul, MN 55146-3340Phone (612)RBGS’4AED Fax (612) 297-2166JUN 0 6 W9/ (^,11 Or OROMv.^ i TO: ALL CITY CLERKS, ADMINISTRATORS, MANAGERS, AND FINANCE DIRECTORS RE: CHANGES IN THE CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1998 Laws 1997, Chapter 231, Article 11, Section 7 provides for changes to the local performance aid (LPA) statute (Minnesota Statutes, Section 477A.05). In order to qualify for LPA in 1998, a city must affirm that (1) the aid will result in a reduction in property taxes at least equal to the amount of aid received, and (2) the city will spend the aid on programs for which it has developed a system of performance measures and that these measures will allow for the measurement of continuous improvement and will be regularly compiled and presented to the city council at least once a year. The city must identify the program or programs that are to be funded with the aid. The city is eligible for aid if it affirms that it is in the process of developing and implementing a system of performance measures for the program or programs for which the aid is being sought. However, the aid may not be spent on the program or programs until the performance measurement system has been instituted, unless die aid is being used to establish the performance measurement system. Local performance aid will be determined as follows for calendar year 1998: Laws 1997. Chapter 231, Article 11, Section 7 provides for $440,000 in addition to $4,107,673 (the amount paid in 1997) plus an inflation adjustment based on the implicit price deflator. A per capita aid amount will be determined by dividing the total aid available by the total population of all cities that qualify for the aid. Each qualifying city then receives an aid amount based on its population times the per capita aid amount. Distribution of LPA is based on yearly certifications for each qualifying city. Cities are required to submit an annual certification in order to receive LPA payable in calendar year 1998 and subsequent years. LPA will be paid in two equal installments on July 20 and December 26 of 1998. Qualifying cities will receive a certification of their 1998 LPA by July 31,1997. As mentioned above, your city may qualify for LPA by (1) affirming that this aid will result in a reduction in property taxes equal to the amount of aid received and that (2) your city will spend the aid on programs for which it has developed a system of performance measures and that these measures will allow for the measurement of continuous improvement and will be regularly compiled and presented to the city council at least once each year. (continued) An equal opportuni^ employer TDD: (612)215-0069 i-3340 '-2166 Enclosed b a new certification for 199$ LPA. This certification replaces the certification which was enclosed with the letter dated March 25,1997. This new certification must be signed by the mayor and the chair of the city council, and it must be returned to our office by June 30,1997. NOTE: If our office does not receive a certification from your city by June 30,1997, your city will not be eligible to receive this aid in calendar year 1998. If you have any questions regarding the completion of this form, please feel free to call me at (612) 296-5.141. Sincerely, Larry L.^ewley Research Analysis Specialist Property Tax Division Enclosure Form LPA-CI REVISED Certification of Local Performance Measure for Local Performance Aid Payable in 1998___________Complete and return to: Minnesota Department of Revenue . Property Tax Division. Mail Station 3340. St Paul,Name and mailing address of governmental unit Name of person filling out formTelephoneCounty of location1. Does your city affirm that local performance aid will result in a reduction in property taxes at least equal to the amount of local performance aid received?2. Does your city affirm that the local performance aid will be spent on the program or programs for which it has developed a system of performance measures and that these measures will allow for the measurement of continuous improvement and will be regularly compiled and presented to the city council at least once a year? 3. If the answer to questions 1 & 2 is yes, what program or programs will be iunded by local performance aid, or what program or programs will the local performance aid be used to establish performance measurement systerr(s) for? This form must be returned to the Minnes ota Department of Revenue, Property Tax Division, by Ji eiigible to receive Local Performance Aid payable in 1998. . >v Note: City certifications must be signed by the Mayor aod by the Chair of the City Council. We do hereby certify that, to the best of our knowledge and belief, the facts presented in this certification are true and correct. > • R $ Signature of Mayor Signature of Chair of City Council Department Approval:Adminis^tor Reviewed:Agenda Section:Name RonMoorse City Administrator’s Title City Administrator #7 Report Item Description: Gary Cheswick Salary Step Increase r cou,Y REQUEST FOR COUNCII. ACTION ^99r DATE: June 18, ^^O a /q ITEM NO: ^0 Department Approval: Name RonMoorse Title City Administrator Adminbtratpr Reviewed:Agenda Section: City Administrator’s Report Item Description: Selection of a Date for the Recognition of Bruce and Ruth Dayton In 1996, Bruce and Ruth Dayton donated a 150 acre tract of "Big Woods" forest to the DNR for a scientific and natural area. The Council has indicated it wants to recognize the Daytons for this donation. Because the donation furthers the city's philosophy of maintaining its rural character and preserving open space, it appears that an appropriate recognition would be the Robert L. Searles Meritorious Service Award. It may work best to recognize the Daytons at the beginning of an upcoming Council meeting. COUNCIL ACTION REQUESTED: Motion to select a date and time for the recognition of Bruce and Ruth Dayton. r i REQUEST FOR COUNCIL ACTION DATE: June 18,19^0,'7*,. O ITEM NO:*7 I Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Telecommunications Antennas Update Agenda Section: City Administrator ’s Report T^e City has received applications from three vendors to locate telecommunications antennas on the city s north water tovver. The antenna needs of each of the three vendors can be accommodated on the tower. The city’s priorities in accommodating the antenna needs are to minimize the visual impact and to protect the structural and operational integrity of the tower. Although staffs preference would be to locate all antennas on the stem of the tower under the bowl, the vendors have all indicated their antennas need to be located at or near the top of the tower. The antennas needed are similar to the antennas located on the tower in Long Lake. They aie flat rec^gular shaped antennas mounted in a triangular array with two to three antennas on each side of the mangle for each vendor. Staff is analyzing several options for accommodating these antenna arrays. The options are as follows: 1.Attach the antenna arrays to the existing railing at the top of the tower. Because of the linuted diameter of the existing railing it will only accommodate two of the three necessary sets of antenna arrays. 2.Attach a larger diameter railing to the top of the tower to accommodate the three sets of antennas. 3. Attach the antennas to the highest portion of the bowl of the tower (using adhesive versus welding to protect the tower). Each of these options has been used by various cities in the Metro area. Staff is in the process of contracting cities to determine which options have worked best. Regardless of which option is chosen, the vendors will pay all costs related to the mounting of the antennas on the towers. Jta addition to the space for the antennas, each of the vendors needs space for equipment cabinets. These are generally located on the ground near the water tcwer. A second opUon is to construct a mezzamne level inside the stem of the tower. The cabinets could then be located on the mezzanine wthout ^ecting the city's ability to use the ground level area inside the tower for storage needs. The vendors would also pay the full cost of constructing a mezzanine if this option is selected. Staff will be working closely with both the city’s consulting engineer and the city’s telecommumcations consultant for advice and assistance throughout this process. I i r r ‘ % u REQUEST FOR COUNCIL ACTION 19s, DATE: June 23. 1997 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: City Attorney’s Report Item Description: Assessment Appeal, North Long Lake Sanitary Sewer Project The City Attorney has discussed the assessment appeal and easement acquisition for the Troy Anderson property with the Anderson’s attorney and is requesting an Executive Session to discuss these issues with the Council. COUNCIL ACTION REQUESTED: Motion to approve request from City Attorney to convene an Executive Session of the City Council to discuss an assessment appeal and easement acquisition for the North Long Lake Sanitary Sewer Project. ‘1 % I ----------f ^inUr - ------------T.-y , REQUEST FOR COUNCIL ACTION DATE: June 19, 1997 ITEM NO:J Department Approval: Name Dorothy Hallin TWe City Clerk inistrator Reviewed: Item Description: List of Licenses for Council Approval Agenda Secnon^l/^.^ Licenses.''On ^ ONE DAY ^ ^ 2240 North Shore Drive September 6,1997 SPECIAL EVENT PERMIT Parade of Homes Charles Cudd Co. at 2805 Somerset Lane September 6-21, 1997 Monday - Friday - 3:00 - 8:00 p.m. Saturday & Sunday - Noon - 6:00 p.m. Com Days Foot Race August 10,1997 11:15 a.m. - Noon COUNCIL ACTION REQUESTED Motion to approve/deny above listed license j r Date*June 13,1997 To:Ron Moorse, City Administrator From:Gary Cheswick, Chief of PoliceH^^ Subject:One Day On-Sale Liquor License I have reviewed the application of Karen Jean Cody-Hopkins on behalf of the Smith College Club of Minnesota, to have a one day on-sale liquor license at the Minnetonka Center for the Arts on September 6,1997. I have no objection to the issuance of this license. j. r Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 444 Cedar StVSuite lOOL St. Paul, MN 55101-2156 (612)296-6439 TDD (612)282-6555 APPLICATION AND PERMIT FOR A1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATIONgscrares m./DATEORGANl :^9ii CITY DATES LIQU<ILLBESOLUll / is PH<BUSINESS PHONE ( ) HOME ( TYPE OF ORGANIZATION ^LUB-&cCftARITABLE □ RELIGIOUS □ OTHER NONPROFIT ORGANIZATICW C^CERS^AME , ^ rg-\K>o ~~ YAOn ’. ADDRESS ^ ^ ^ORGANIZATION OFFICER'S NAME ten<^i wen (n>uX\ v (j^^j^^^TI^^ICER^ A^ Locttion^lieieike^ wilL^ used.-<l^ abitoess -----z—: t" —P—rr—^—t" ' on t^bere license will be used.--If an outdoor irea, describe TT j Y>n\v>r\yW Vi^ fW^ > C3ron<^ ix^'irc cPt-J K< aJ-^ U^^U^iy. /W- Will the i^licant contract for intoxicating liquor services? If so, give the name and address of the Liquor license providing the service. A/o Will the applicant carry liquor liability insurance? If so, the carrier's name and amount of coverage.^ . I nil J /l , (NOTE: insurance is not mandatory) CL5\ APPROVAL APPUCATION must be APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO UQUOR CONTROL CITY/COUNTY CITY FEE AMOUNT DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OITICIAL DATE APPROVED LICENSE DATES APPROVED LIQUOR CONTROL DIRECTOR NOTE: Do not separate these two parts, send both parts to the address above and the original signed by this divbioD will be returned as the license. Submit to the City or County at least 30 days before the event PS4)9079(8/95) r Date:June 18,1997 To:Ron Moorse, City Administrator From:Gary Cheswick, Chief of Police.^^S^ Subject:Special Event Permit I have reviewed the application of Charles Cudd Company to participate in the Parade of Homes on 9/6/97 to 9/21/97. This event is to take place at 2805 Somerset Lane in Orono. I have no objection to the issuance of this permit. ..Ip^ PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA M 'Permit #: Fee: $50.00 Date Received: Phone Number: Name:___l€.S CtuAc^ Co. Address: LjQOndlctalg^ "Dr • City, State, Zip: \ jJonA louiru M M C X f-‘3SlZ‘o Location of Parade or Event:Sonr>er^4- Ln. 0rc)^^-^o Date of Event: ^ 1 Hours of Event: "S’-OD-*S '• 5t) nrv^^ Type of Event: "pgracig, n-P i4c>ryve.S 1 7.’07)- Dj’.OO -“Su-n ? submitWi Amount: A.ATO CTTO.Insurance Company: (-\nrvCrif?ltLr (Copy of insurance certificate must be ^bmitfiad with this application) I am aware of all applicable State and other laws regarding parades and special events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade of special event approved by the granting of this permit. I understand some events may require off-duty or reserve officers and a fee may be required for these services. \).f-^-I3'97 signature Date Approved: □ Denied: □ By: Remarks: •% 010396.3 N * r II Date:June 18,1997 To:Ron Moorse, City Administrator From:Gary Cheswick, Chief of Police. Subject:Special Event Permit Corn Days Foot Race I have reviewed the application of Mr. Rick Recker on behalf of the Corn Days Foot Race to be held on August 10,1997. i have no objection to the issuance of this permit. I ' V J PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA Permit #: »Fee: $50.00 Date Received: Phone Number: 3 /V Name: Address: tS SI I ^ *^^^3 City, State, Zip: K\vM»aCAPou-^ Location of Parade or Event: lUoLgCg^W pAftJc ^O v)TU Q is> Noem To Tq ^^OLgRooL Date of Event: ^*\Q*S*1___________ Type of Event:^^ft^^Kc^ Hours of Event: Amount: 2-f^Insurance Company:________^___________ (Copy of insurance certificate must be submitted with this application) I am aware of all applicable State and other laws regarding parades and special events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade of special event approved by the granting of this permit. I understand some events may require off-duty or reserve officers and a ^e may be required for these services. Signature Date Approved: □ Denied: □ By: ... Remarks: • - 010396.3 . 17 Jun 1997 Tue 10:32 AM Check Number Check Number 54064 Oieck Register City of Orono Name 54064 CITY COUNTY CREDIT UNION 18-Jun-97 CITY COUNTY CREDIT UNION Totals Check Number 54064 CITY COUNTY CREDIT UNION Transaction Amount 7.812.00 7.812.00 Check Number 54065 54065 54065 54065 FIRST NATIONAL BANK OP LAKES 18-Jun-97 18-Jun-97 18-Jun-97 Totals Check Number FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES 54065 FIRST NATIONAL BANK OF LAKES Check Number 54066 54066 GREAT WEST LIFE ASSURANCE CO. 18-Jun-97 Totals Check Number GREAT WEST LIFE ASSURANCE CO. 54066 GREAT WEST LIFE ASSURANCE CO. Check Number 54067 54067 HENNEPIN CO. SUPPORT & COLL 18-Jun-97 Totals Check Number HENNEPIN CO. SUPPORT & COLL 54067 HENNEPIN CO. SUPPORT 6 COLL Check Number 54068 54068 HENNEPIN COUNTY SUPPORT & COLL 18-Jun-97 HENNEPIN COUNTY SUPPORT & COLL Totals Check Number 54068 HENNEPIN COUNTY SUPPORT k COLL Check Number 54069 54069 ICMA RETIREMENT TRUST - 457 18-Jun-97 Totals Check Number 54069 ICMA RETIREMENT TRUST - 457 Check Number 54070 54070 LAW ENFORCMENT LABOR SERVICE 18-Jun-97 Totals Check Number Check Number 54071 54071 MN DEPT OP REVENUE Totals Check Number 54071 MN DEPT OP REVENUE Check Number 54072 MN MUTUAL LIFE 54072 Totals Check Number 17 JUn 1997 7\ie 10:32 AM Check Register City of Orono Check Number Date Name Check Number 54073 54073 MN STATE RETIRQffiNT-DBP COMP 18-Jun-97 Ml STATE RETIREMENT-DEF COMP Totals Check Number 54073 MN STATE RETIREMENT-DEF COMP Check Number 54074 PEBSCO/OBRA 54074 18-Jun-97 PEBSCO/OBRA Totals Check Number 54074 PEBSCO/OBRA Check Number 54075 PEBSCO/US COMP OF MAYORS 54075 18-Jun-97 PEBSCO/US CONF OF MAYORS Totals Check Number 54075 PEBSCO/US CONF OF MAYORS Check Number 54076 PER/. 54076 54076 lS-Jun-97 18-Jun-97 PERA PSRA Totals Check Number 54076 PERA Check Number 54077 UNITED WAY 54077 18-JUI1-97 UNITED WAY Totals Check Number 54077 UNITED WAY Grand Total Transaction Amount 265.00 265.00 239.57 239.57 1,789.86 1,789.86 4,177.13 F,498.30 9,675.43 23.00 23.00 40,215.45 , • . Page 2 Comments DEFBUIED COMP W/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE OlARITY DONATIONS W/H 4 r 19 Jun 1997 Thu 3:05 PM Chech Number Check Number 54078 Check Register City of Orono Date Name 54078 AIRTOOCH CELLULAR 23-JUn-97 AIRTOUCH CELLULAR Totals Check Number 54078 AIRTOUCH CELLULAR Check Number 54079 54079 AMERICAN MEDICAL SECURITY 23-Jun-97 Totals Check Number AM^ICAN MEDICAL SECURITY 54079 AMERICAN MEDICAL SECURITY Check Number 54080 54080 ASCOM MAILING SYSTEMS 23-JUX1-97 Totals Check Number ASCOM MAILING SYSTEMS 54080 ASCOM MAILING SYSTEMS Check Number 54081 54081 AT&T 23-JUn-97 AT&T Totals Check Number 54081 AT&T Check Number 54082 54082 A0GIES MOBILE CHEF 23-Jun-97 Totals Oieck Number AUGIES MOBILE CHEF 54082 AUGIES MOBILE CHEF Check Number 54083 54083 BERGERSON-CASWELL INC. 23-Jun-97 Totals Check Number BERGERSON-CASWELL INC. 54083 BERGERSON-CASWELL INC. Check Number 54084 54084 BUDGET PRINTING 23-Jun-97 Totals Check Number BUDGET PRINTING 54084 BUDGET PRINTING Check Number 54085 BUFFALO BITUMINOUS INC. 54085 23-Jun-97 BUFFALO BITUMINOUS INC. % Totals Check Number 54085 BUFFALO BITUMINOUS INC. Check Number 54036 54086 CARGILL SALT 23-Jun-97 Totals Check Number CARGILL SALT 54086 CARGILL SALT Transaction Amount 542.81 542.81 526.17 526.17 189.00 189.00 0.23 0.23 66.76 66.76 111.00 111.00 90.66 90.66 40,764.50 40,764.50 1,335.80 1,335.80 Page 1 Comments CSLL PH(»1E CHARGES JULY INSURANCE 3RD QTR MAINT AGREQ1ENT CELLULAR hOm DISTANCE POOD FOR RESALE WTR DIFFUSER BOOKING SHEETS PAY #1 OCB RD TRAIL COARSE SALT rI 19 Jun 1997 Thu 3:05 PM Check Register City of Orono Check Number Date Name Check Number 54087 54087 54087 CHAPIN CONSTROCTION BULLETIN 23-Jun-97 CHAPIN CONSTRUCTION BULLETIN 23-Jun-97 CHAPIN CONSTRUCTION BULLETIN Totals Check Number 54087 CHAPIN CONSTRUCTICai BULLETIN Check Number 54068 CHUNKS XiAKESHORE AUTO 54068 54088 54088 54086 54088 23-Jun-97 23-Jun-97 23-Jun-97 23-JUn-97 23-Jun-97 CHUNKS LAKBSHORB AUTO CHUHICS LAKBSHORB AOTO CHDNKS LAKBSHORB KOTO CHDNKS LAKBSHORB AUTO CHtnnCS LAKBSHORB AUTO Totals Check Rtinber S4088 chunks lakeshors auto Check Nunber S4089 CITY OF MINNETONKA 54089 24-Mar-97 CITY OF MINNETONKA Totals Check Number S4089 CITY OF MINNBTCntKA aieck Number 54090 CITY OF MOUND 54090 24-Mar-97 CITY OP MOUND Totals Check Number 54090 CITY OF MOUND Check Number 54091 CITY OF ORONO PETTY CASH Check Number 54095 DAKOTA CO. TECHNICAL COLLEGE Transaction Amount 187.60 162.40 350.00 31.63 816.41 31.63 171.00 48.73 ls099.40 9s239.00 9,239.00 19.964.00 19.964.00 Page 2 Comments ADVERTISEMENT ADVERTISEMENT 1176 OIL CHG, TUNEUP 8174 BRAKES, VALVES 8177 OIL CHG, TUNEUP 8174 INSTALL MIRROR LIGHT 8175 OIL CHG, TUNEUP 2ND QTR PROSECUnW 2ND C3TR FIRE CONTRACT 54091 23-Jun-97 CITY OP ORONO PETTY CASH 13.31 FLOHBRS5409123-Jun-97 CITY OF ORONO PETTY CASH 86.83 COMPUTER LABELS Totals Check Number 54091 CITY OF ORONO PETTY CASH 100.14 Che^ NUnber 54092 COLONIAL LIFE INSURANCE CO. 54092 23-Jun-97 COLONIAL LIFE INSURANCE CO.698.06 JUNE INSURANCE Totals Check Number 54092 COLONIAL LIFE INSURANCE CO.898.06 Check Number 54093 CULLIGAN 54093 23-Jun-97 CULLIGAN 30.50 SOFTENER TANK Totals Check Number 54093 CULLIGAN 30.50 Check Number 54094 DAHLQREN SHARDLOH k UBAN 54094 23-JUn-97 DAHLGRBN SHARDLOH k UBAN 28.00 GOLF COURSE ISSUES Totals Check Number 54094 DAHLGREN SHARDLOH a UBAN 28.00 19 Jun 1997 Thu 3t05 PM Check Number Check Number 54095 Check Register City of Orono Date Name 54095 DAKOTA CO. TECHNICAL COLLEGE 23-Jun-97 DAKOTA CO. TECHNICAL COLLEGE Totals Check Number 54095 DAKOTA CO. TECHNICAL COLLEGE Check Number 54096 54096 DAY DISTRIBUTING CO. 23-Jun-97 Totals Check Number DAY DISTRIBUTING CO. 54096 DAY DISTRIBUTING CO. Check Number 54097 DOYLE INC. Transaction Amount 85.00 85.00 145.60 145.60 Page 3 Comments CORNICK 5/5/97 RBGISTRATI DEER FOR RESALE 54097 23-Jun-97 Totals Check Number DOYLE INC. 54097 DOYLE INC. Check Number 54098 54098 EARL P. ANDERSON 6 ASSOC. 23-Jun-97 Totals Check Number EARL P. ANDERSCEf k ASSOC. 54098 EARL P. ANDERSON k ASSOC. Check Number 54099 54099 BAST SIDE BEVERAGE 23-Jun-97 Totals Check Number EAST SIDE BEVERAGE 54099 EAST SIDE BEVERAGE Check Number 54100 ESS BROTHERS k SONS 83.11 83.11 71.29 71.29 150.30 150.30 SKID SHOE. BEARING SIGN-NILLOM DR BEER FOR RESALE 54100 54100 54100 23-Juri-97 23-Jun-97 23-Jun-97 Totals Check Number ESS BROTHERS k SONS ESS BROTHERS k SONS ESS BROTHERS k SONS 54100 ESS BROTHERS k SONS Check Number 1.180.88 281.16 66.03 1.528.07 SEALANT ADJUSTMENT RINGS CURB BOX 54101 EXPRESS MESSENGER 54101 23-JUn-97 Totals Check Number EXPRESS MESSENGER 54101 EXPRESS MESSENGER Check Number 54102 54102 54102 PEED RITE CONTROLS 23-Jun-97 23-Jun-97 Totals Check Number FEED RITE CONTROLS FEED RITE CONTROLS 54102 FEED RITE CONTROLS Check Number 54103 54103 FLOYD TOTAL SECURITY 23-Jun-97 Totals Check Number FLOYD TOTAL SECURITY 54103 FLOYD TOTAL SECURITY 13.65 13.65 20.00 241.65 261.65 169.00 169.00 CAFR TO EHLERS CONTAINER CHARGE CHLORINE, ACID FIRE SUPPRESSION MONITOR 19 Jun 1997 Check Register Thu 3:05 PM City o£ Orono Check Transaction Number Date Name Amount Comment 8 Check Humber 54105 G k K SERVICES 54105 23-Jun-97 G & K SERVICES 88.05 STREET EMPLOYEES 54105 23-Jun-97 G It K SERVICES 12.15 RATHBUN 54105 23-Jun-97 G a X SERVICES 5.93 STEFFENHAGEN 54105 23-JUI1-97 G a K SERVICES 62.23 STREET EMPLOYEES 54105 23-Jun-97 G a K SERVICES 12.15 RATHBUN 54105 23-Jun-97 G a K SERVICES 5.93 STEFFENHAGEN 54105 23-Jun-97 G a K SERVICES 12.15 RATHBUN 54105 23-Jun-97 G a K SERVICES 88.05 STREET EMPLOYEES 54105 23-Jun-97 G a K SERVICES 5.93 STEFFENHAGEN 54105 23-Jun-97 G a K SERVICES 12.15 RATHBUN 54105 23-Jun-97 G a K SERVICES 62.23 STREET EMPLOYEES 54105 23-JUn-97 G a K SERVICES 95.37 FLOOR HATS 54105 23-Jun-97 Q a K SERVICES 5.93 STEFFENHAGEN Totals Check Humber 54105 Q & K SERVICES L Check Humber 54106 GALL'S IHC. Qieck Humber 54107 54107 GEAR NEST SKI k BIKE 23-Jun-97 Totals Check Humber GEAR NEST SKI k BIKE 54107 GEAR NEST SKI k BIKE Check Humber 54108 GEHUIHE PARTS CO. Check Humber 54109 54109 GEOSPHERE HIDNEST 23-Jun-97 Totals Check Number GEOSPHERE MIDNEST 5^.109 GEOSPHERE MIDNEST Check Number 54110 54110 GOLF CAR MIDWEST 05-JUn-96 Totals Qieck Number GOLF CAR MIDWEST 54110 GOLF CAR MIDWEST Check Humber 54111 GREEN LIGHTS RECYCLING INC. 468.25 57.91 57.91 400.00 400.00 2.400.00 2.400.00 Page 4 54106 23-Jun-97 GALL'S INC.63.98 BIKE PATROL PANTS 54106 23-Jun-97 GALL'S INC.34.98 BIKE PATROL PANTS 54106 23-Jun-97 GALL'S INC.84.96 FARNIOK UNIFORM 54106 23-Jun-97 GALL'S INC.16.98 SOCKET Totals Check Number 54106 GALL'S INC.200.90 BIKE TUNE UP 54108 23-Jun-97 GENUINE PARTS CO.105.07 MISC PARTS 54108 23-Jun-97 GENUINE PARTS CO.18.09 MISC PARTS 54108 23-Jun-97 GENUINE PARTS CO.4.78 MISC PARTS 54108 18-Jun-96 GENUINE PARTS CO.150.51 MISC PARTS Totals Check Number 54108 GENUINE PARTS CO.278.45 INSPECTION-WELL »2 MAY LEASE • • r 19 Jun 1997 Thu 3:05 PM Qieck Register City of Orono Check Number Date Name Check Number 54111 S4111 GREEN LIGHTS RECYCLING INC. 23-Jun-97 QIEEN LIGHTS RECYCLING INC, Totals Check Number 54111 GREEN LIGHTS RECYCLING INC. Check Number 54112 HA^ffiL BUILDING CENTER 54112 54112 54112 54112 23-Jun-97 23-Jun-97 23-Jun-97 23-Jun-97 HAMEL BUILDING CENTER HAMEL BUILDING CENTER HAMEL BUILDING CENTER HAMEL BUILDING CENTER Totals Check Number 54112 HAMEL BUILDING CENTER Check Number 54113 HEALTHPARTNBRS 54113 54113 23-Jun-97 23-Jun-97 HEALTHPARTNERS HEALTHPARTNERS Totals Check Number 54113 HEALTHPARTNBRS Check Number 54114 HENNEPIN CO-OP SEED EXCHANGE 54114 23-Jun-97 HENNEPIN CO-OP SEED EXCHANGE Totals Check Number 54a14 HENNEPIN CO-OP SEED EXCHANGE 54115 JIM HATCH SALES CO.Check Number 54115 23-Jun-97 JIM HATCH SALES CO. Totals Check Number 54115 JIM HATCH SALES CO, Check Number 54116 LAKE MTKA CONSERVATION DIST. 54116 18-Jun-96 LAKE MTKA CONSERVATION DIST Total* Check Number 54116 LAKE MTKA CONSERVATION DIST, 54117 LAND CARE EQUIPMENTQieck Number 54117 23-Jun-97 land care EQUIPMENT Totals Check Number 54117 LAND CARE EQUIPMENT Check Number 54118 LEAGUE OF MN CITIES INS. TRUST 54118 54118 54118 54118 23-Jun-97 23-Jun-97 23-Jun-97 23-Jun-97 LEAGUE OF MN CITIES INS. TRUST league of KN cities INS. TRUST LEAGUE OF MN CITIES INS. TRUST LEAGUE OF MN CITIES INS. TRUST Totals Oieck Number 54118 LEAGUE OF MN CITIES INS. TRUST Transaction Amount 87.73 87.73 27.56 103.10 160.24 327.90 618.80 313.51 6,077.20 6,390.71 77.69 77.69 465.47 465.47 6,513.05 6,513.05 133.55 133.55 400.00 1,230.00 600.00 12,641.50 14,871.50 Page 5 Comments FLUORESCENT LIGHTS LUMBER FOR FENCE CRYSTAL BAY PARK FENCE TRAIL POSTS BBDBRNOOD PARK ENCLOSURE JULY INSURANCE JULY INSURANCE CABIN MIX STROBES, VESTS 3RD QTR PAYMENT MISC PARTS NORKER COMP INSURANCE ffORKER COMP INSURANCE NORKER COMP INSURANCE NORKER COMP INSURANCE J 19 Jun 1997 Thu 3:05 PM Check Register City of Orono Check Nlmiber Date Name Check Number 54119 54119 LOGIS 23-Jun-97 LOGIS Totals Check Number 54119 LOGIS Check Number 54120 LONG lAKE POWER EQUIPMENT 54120 54120 23-Jun-97 23-Jun-97 LONG LAKE POWER EQUIPMENT LONG LAKE POWER EQUIPMENT Totals Check Number 54120 LONG LAKE POWER EQUIPMENT Check Number 54121 LONG LAKE TRACTOR EQUI] 54121 23-Jun-97 LCEIG LAKE TRACTOR EQUimENT Totals Check Number 54121 LONG LAKE TRACTOR EQUIPMENT Check Number 54122 MACQUEEN EQUIPMENT 54122 23-Jun-97 MACQUEEN EQUIPMENT Totals Check Number 54122 MACQUEEN EQUIPMENT Check Number 54123 MAGIC CLEANERS 54123 23-Jun-97 MAGIC CLEANERS Totals Check Number 54123 MAGIC CLEANERS Check Number 54124 MIDWEST COCA COLA BOTTLING CO 54124 23-Jun-97 MIDWEST COCA COLA BOTTLIIK5 CO Totals Check Number 54124 MIDWEST COCA COLA BOTTLING CO Check Number 54125 MINNEAPOLIS OXYGEN COMPANY 54125 54125 23-Jun-97 23-Jun-97 MINNEAPOLIS OXYGEN COMPANY MINNEAPOLIS OXYGEN COMPANY Totals Check Number 54125 MINNEAPOLIS OXYGEN COMPANY Check Number 54126 MINNEHAHA CREEK WATERSHED DIST 54126 23-Jun-97 MINNEHAHA CREEK WATERSHED DIST Totals Check Number 54126 MINNEHAHA CREEK WATERSHED DIST Check Number 54127 MN BENEFIT ASSOCIATION 54127 02-Jul-96 MN BENEFIT ASSOCIATION Totals Check thniiber 54127 m BQIEFIT ASSOCIATION * V » H ' Transaction Amount 3.92 3.92 53.20 19.01 72.21 79.10 79.10 83.64 d3.84 11.16 11.18 578.40 578.40 13.50 27.00 40.50 34.70 34.70 74.22 74.22 Page 6 Comments APRIL DISK SPACE BLACKTOP SAW PARTS SAFETY CHAIN #422 BRAKE CONTROLLER SWEEPER HOSE BLANKET CLEANING POP FOR RESALE MEDICAL OXYGEN ACETYLENE, OXGYEN MAILING COSTS REIMBURSE. JULY BENEFITS r r* r X9 Jun 1997 Thu 3:05 PM Check Register City of Orono Check Number Date Name Check Number 54128 54128 KN DEPT OF HEALTH 23-Jun-97 MN DEPT OF HEALTH Totals Check Number 54128 MM DEPT OF HEALTH Qieck Number 54129 KN STATE TREASURER 54129 54129 54129 23-Jun-97 23-Jun-97 23-Jun-97 MM STATE TREASURER MM STATE TREASURER MM STATE TREASURER Totals Check Number 54129 MM STATE TREASURER Check Number 54130 MOROWCZYMSKI, JIM 54130 23-Jun-97 MOROMCZYNSKI, JIM Totals Check Number 54130 MOROWCZYNSKI. JIM Check Number 54131 NAVARRE HARDWARE 54131 54131 54131 54131 18-Jun-96 lg.jUn-96 18-Jun-96 18-JUn-96 NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE Totals Oieck Number 54131 NAVARRE HARDWARE Check Number 54132 NORTH STAR CHAPTER Z.C.B.O. 54132 23-Jun-97 NORTH STAR CHAPTER I.C.B.O. Totals Check Number 54132 NORTH STAR CHAPTER I.C.B.O. Check Number 54133 NSP 54133 54133 23-Jun-97 23-Jun-97 NSP NSP Totals Check Number 54133 NSP Check Number 54134 O'SULLIVANS AUTO REPAIR 54134 23-Jun-97 O'SULLIVANS AUTO REPAIR Totals Check Number 54134 O'SULLIVANS AUTO REPAIR Check Number 54135 OLD DUTCH FOODS INC. 54135 54135 23-Jun-97 23-Jun-97 OLD DUTCH FOODS INC. OLD DUTCH FOODS INC. Totals Check Number 54135 OLD DUTCH FOODS INC. Transaction Amount 23.00 23.00 23.00 23.00 23.00 69.00 41.54 41.54 153.32 9.17 65.98 333.33 561.80 30.00 30.00 224.22 1.230.43 1.454.65 11.77 11.77 15.40 16.94 32.34 Page 7 Comments OBERAIGNER RSTEWAL FEE PALMER RENEWAL FEE O'BRIEN RENEWAL FEE BRINKKAUS RENEWAL FEE MILEAGE REIMBURSEMENT MISC SUPPLIES Wise SUPPLIES MISC SUPPLIES MISC SUPPLIES OMAN-DUES NSP COSTS STREET LIGHT BILL OIL C3IANGB CHIPS FOR RESALE CHIPS FOR RESALE r v-t. ' 1 19 Jun 1997 Thu 3:05 PM Check Nuniber Check Number 54136 54136 Check Register City of Orono Date Name 54136 PERRYS TRUCK REPAIR 23-Jun-97 PERRYS TRUCK REPAIR 23-Jun-97 PERRYS TRUCK REPAIR Totals Check Number 54136 PERRYS TRUCK REPAIR Check Number Transaction Amount 60.60 74.13 134.73 Page 8 Cociments #175 TOW 8426 REPAIR WIRING 54137 PERS DECISIONS 54137 23-Jun-97 Totals Check Number PERSONNEL DECISIONS 54137 PERSONNEL DECISIONS Check Number 54138 PIONEER 35.00 35.00 POSITION PROFILE REVIEW 54138 23-Jun-97 Totals Check Number PIONEER 54138 PIONEER Check Number 54139 PRAIRIE OFFSET 707.00 707.00 ilfi, TOWERS k ANTENNAS 54139 23-Jun-97 Totals Check Number PRAIRIE OFFSET 54139 PRAIRIE OFFSET Check Number 54140 54140 54140 54140 54140 R.L. Y 23-Jun-97 23-Jun-97 23-Jun-97 23-Jun-97 AHL a ASSOC. R.L. YOUNQDAHL k ASSOC. R.L. YOUNQDAHL k ASSOC. R.L. YOUNQDAHL k ASSOC. R.L. YOUNQDAHL k ASSOC. Totals Check Number 54140 R.L. YOUNQDAHL k ASSOC. Check Number 171.52 171.52 75.00 175.00 75.00 1.475.00 1.800.00 PURCHASE ORDER FORMS 3RD QTR AGENT FES 3RD QTR AGENT FEB 3RD QTR AGENT FEB 3RD QTR AGENT PEE 54141 RC IDENTIFICATIONS r| 54141 23-Jun-97 Totals Check Num3:>er RC IDENTIFICATIONS 54141 RC IDENTIFICATIONS Check Number 54142 54142 REED VENDING 23-Jun-97 Totals Check Number REED VENDING 54142 REED VENDING Check Number 54143 RITZ CAMERA 3.73 3.73 140.60 140.60 ID CARD-SCOTT HALL CANDY FOR RESALE 54143 23-Jun-97 Totals Check Number RITZ CUmRK 54143 RITZ CAMERA Check Number 54144 ROLF ERICKSON ENTERPRISES 10.95 10.95 FILM DEVELOPING 54144 18-Jun-96 ROLF ERICKSON ENTERPRISES 6.621.51 JULY ASSESSING FES 19 Jun 1997 Thu 3:05 PM ChecX Register City of OronoCheck Htunber Date Name Check number 54144 ROLF ERICKSON ENTERPRISES Total* Check Number 54144 ROLF ERICKSON ENTERPRISES Check Number 54145 SA-AG INC. 54145 54145 23-Jun-97 23-JUn-97 SA-AQ INC. SA-AO INC. i;- »ir.Total* Check NunOier S4145 SA-AQ INC. Check Number 54146 SHIELY MASONRY PRODUCTS 54146 23-Jun-97 SHIELY MASONRY PRODUCTS Totals Check Number 54146 SHIELY MASONRY PRODUCTS Cheek Niimber 54147 SNYDER DRUG STORES 54147 54147 54147 54147 54147 54147 54147 23-Jun-97 23-Jun-97 23-JUXI-97 23-Jun-97 23-Jun-97 23-Jun-97 28-Apr-97 SNYDER SNYDER SNYDER SNYDER SNYDER SNYDER SNYDER DRUG DRUG DRUG DRUG DRUG DRUG DRUG STORES STORES STORES STORES STORES STORES STORES Totals Check Number 54147 SNYDER DRUG STORES Check Number 54148 ST. CLOUD STATE UNIVERSITY 54148 23-Jun-97 ST. CLOUD STATE UNIVERSITY Total* tteck Nuiia>er 54148 ST. CLOOD STATE DNIVBHSITT Check number 54149 ST. JOSEPH'S equipment inc. 54149 23-Jun-97 ST. JOSEPH'S EQUIPMENT INC. Total* Check Number 54149 ST. JOSEPH'S EQUIPMENT INC. 54150 STOP STICK LTDCheck Number 54150 23-Jun-97 STOP STICK LTD Totals Check Number 54150 STOP STICK LTD Check Number 54151 TQJNESSEB VALLEY TECHNOLOGIES 54151 23-JUJ1-97 TENNESSEE VALLEY TECHNOLOGIES Total* Check Number 54151 TENNESSEE VALLEY TECHNOLOGIES 54152 THORPS DIST CO.Check Number 54152 23-Jun-97 THORPE DIST CO. Transaction Amount 6*621.51 116.29 232.88 349.17 160.12 160.12 8.80 48.54 5.59 39.27 2.71 3.01 13.99 121.91 314.00 314.00 73.75 73.75 273.50 273.50 237.13 237.13 181.60 Page 9 Comments SAND FOR BEACHES 1 1/2'* GRAVEL NO. HTR TOf^ HALL REPAIR FILM DEVELOPING POLAROID FILM FILM DEVELOPING POLAROID FILM FILM DEVELOPING MISC SUPPLIES MISC SUPPLIES FARNIOK-ADVANCQ) DRIVING MISC PARTS VEHICLE STOP STICK GASOLINE CARDS BEER FOR RESALE i II i Amount Comments 181.60 {,645.40 unleaded gas !,645.40 li2.08 132.06 INSTALL RADIO-C 270.19 UNIFORMS 270.19 40.51 us HBST CHARGES 101.23 US NEST CHARGES 88.75 US HBST CHARGES 230.49 19 Jun 1997 Thu 3:05 PMCheck Number Check Number 54160 Check Register City of Orono Page 11 Date Name 54160 WIDMBR INC 23-Jun-97 MIDMER INC Totals Check Number 54160 HIOMBR INC Check Number S4161 YOCUM OIL CO INC. 54161 23-Jun-97 YOCUM OIL CO INC. Totals Check Number S4161 YOCUM OIL CO INC. Check Number 54162 ZARNOTH BRUSH NORKS S4162 23>Jun-97 Totals Check Number ZARNOTH BRUSH NORKS 54162 ZARNOTH BRUSH NORKS <hnnd Total Transaction Amount 512.00 1.600.00 Comments BACKHOE, LABOR-MAIN BRK 1.026.48 1.026.48 DIESEL FUEL 866.38 866.38 BROOM FOR SNEEPER 133.197.83 INFORMATION ITEMS % t COUNCIL MEETING COUNCLMEETINQ JUN 2 3 1997 GtnrOFORONO OF ' ----------------------.«.,,ir.«».„^^w.. ---------- I MINUTES TH 12 DESIGN REVIEW COMMITTEE June 4/ 1997 Orono city Hell 5:30PM - 7:30PM Project Manager: Patti Loken O. ^ ^ ^ ^ \ a ^ ^ I ^ Attendees:Dave Pierson Jim Murphy Dave Dudinsky Mike Johnson Gary Mueller Ron Moorse J• Diann Goetten Ed Callahan Todd Olson Ray cekalla spencer Arndt Tom O'Keefe Bruce polacyzk Karl Weiscenborn Guest Dick Flint Rose Richter Elmer Pladers Sonna wotteau Aria Engleman Richard Peterson Scott Pedersen ITEM ITEM review previous meeting minutes - Editorial Changes-None -eviEW/APPROVC AGENDA - Packet of handouts from previous -Siting handed out. Revised cross-section "E" :.'istributed. ITEM PHOTO ASSIGNMENT - Karl Weissenborn did (1) Ed Callahan stressed minimizing additional imp Murphr- questioned height s ^ilci numSr'^of £uce Line users? «nd questioned futuie track usage (could be significent impact) ITEM ITEM NOTE TAKER ARRIVAL - 5:50PM 5?PEAKER INTRODUCTION - Patti Loken introduced Ipencei Arndt, Manager of Public Projects for the Burlington Northern SanteFe Railroad ITEM PRESENTATION - Spencer Arndt:T.H.p Issues/Concerns SitrLkington S"Sks 'la-s^l^e^kr ri^iSira"ersonIl^i “ni"e?nr '^^Response - Could have been any of a dozen reasons^ ie:, checking bad odor, waiting for ^"®P®°^=ei'free it happens again and you have a concern, "feel free to call me" at: (612) 782-3478 IJ r1 TH 12 Minutes/June A, 1997 page -2- * "Conceptual Approval*' - Given by Railroad for TH 12 January 1997: imparative RR concerns (for want (1) speed (2) Sight Distance (3) Clear Zone ie: room sufficient to stop (4) Horizontal must work with the vertical (5) Curvature speed) (6) Grade 0.4 of %...RR does not increase within project, acceptable to decrease curve.Note: current speeds are 40mph, but with intermodal could increase to 60mph w/direct impact on curvature. (7) Other RR concerns: right-of-way * hitch lines * drainage/drains need protection * vegetation (RR does not want in their right-of-way) * Crossings should be kept to minimum...le. having greater distance in crossings discourages cars from racing with trains * * Train Count's May/30 - June/1 - Results of Railroad count requested by City of Long Lake, using "Hot Box": DATE 5/30 5/31 6/01 EAST BOUND 5 5 3 WEST BOUND 9 4 4 6AM-6PM 6a!-OM 10 5 4 4 4 3 Note: This was a holiday weekend; therefore, we cannot be sure the counts are an accurate reflection of activity on these tracks. * Definitions Provided; - Sante Fe/Intermodal Line/Short trains @ 60MPH - Burlington Northern/Transport/much slower (40MPH) /up to 100 cars . - CTC/Central Traffic Control, must exist for intermodel rail traffic ^ - Dark Turf/intersection not signaled for trains Question & Answer Portion of Presentation; (1) Are there regulations regarding RR R/and fencing?...(A) There are no written policies (2) To what extent is it possible to have a berm. ...(A) Drainage is a major concern for the RR f3) Are there any examples of a shared R/\i. (A) RR is working with both Coon Rapids and Andover at this time on a structure that would go under the Railroad structure (NOTE: discussion within our group and response was very positive from participants regarding a "Tunnel concept") TH 12 Minutes/June 4, 1997 page -3- ITEM ITEM (4) Do RR cars slow down in populated areas?... (A) When they do slow down, we receive complaints about trains making too much noise. The RR does work with the community to find a resolution (5) Who has the authority to regulate the speeds? ...(A) No one knows, can't do with passanger trains because they are covered by federal regulations, so we (RR & Community) need to work together. (6) How much preparation time would the RR need prior to TH 12 construction?... (A) Detour track needs to be done, estimate one summer, if the grade is complete. NOTE: RR must remain operational, must keep traffic flowing. There are several problems in staging which MnDOT must consider. VIDEO “Understanding Horizontal Alignment' AND BREAK ALIGNMENT & PROFILE - Tom O'Keefe discussed some of the constraints under which MnDOT must work: (1) "Staying out of parks" is covered under both Federal and State Laws. (2) "Wet Lands" must avoid, minimize impact (3) "Maintain Design" priority/safe to travel (4) "Local Concerns: example/need for bridge crossing at Brown Road, needs of the School Districts, and cities. NOTE: The needs of the railroad drives the profile. REALIGNMENT PROPOSAL - Tom O'Keefe with assistance from townhouse representatives presented handouts from a neighborhood meeting held the previous night, proposing the highway be moved to the South (further away from old TH12 and the townhouses). Tom explained "We are looking for feedback, nothing is locked into...,anytime a proposal to move the alignment is received for the road, it will impact someone negatively...that is why we must consider a. 5 review everything. (The drawings presented are in "English" scale, not metric). The following comments were recorded during discussion: * Future "Bike Path" demand for a wider corridor * Noise alleviated by moving roadway farther from populations * Start curve @ Country Club...move J TH 12 Minutes/June 4, 1997 page -4- centerline of road 0 townhomes about 35 feet * Watertown Road change '35 feet could mean possibly four (4) more of the homes in the area would have to be taken, or changing partial acquisitions for the four properties to total acquisitions * North line of design defined as"now move existing north edge of construction to the existing RR center line, we prefer the R/W edge, but O.K. with center line further south concern is "Sewer Pond" * Question to Tom "Wha+" happens to the citizens as the changes are being considered, are they informed?” Response ”That is what this group is for...this particular proposed change will be reviewed by a citizens committee tomorrow...We want to understand the^ impact of any change so that when we go back to design the project we have had significant, viable and representative feedback...as we progress further with the design, I (Tom) want to raise issues for this group that you (we) may not be aware of, we want to look at this from every angle and come up with the best possible solutions...” ITEM ADJORNMENT - Patti Loken "After our last meeting running late, there was discussion about being firm in our committment to holding the meeting to two hours..." Vote was taken and it was agreed we would adjorn and resume the discussion at the next meeting. ITEM ITEM ADJORNED 0 7:40 PM COMMENTS FROM THE COMMENT BOX None received from this meeting NEXT MEETING Trunk Highway 12 Design Review Committee July 16, 1997 Orono City Hall, 5:30PM NOTES BY DORINE A. GRITTNER J III t TH12 DESIGN REVIEW COMMITTEE Fourth Meeting, July 161997 OroDo City Hall, 5:30 PM MEETING AGENDA I. Introductions A. Review Minutes - Action Items B. Progress Report II. Cheryl Martin, Federal Highway Administration HI. Geometric Design Update A, TH 12 & CR 6 Interchange B, Brown Road Overpass d Old TH 12 IV. Visualization il COMMENT SHEET Please record commenls wliile you review* llie meeting minutes and bring them with you for our comment box...You may also use '.his for writing question s/comments during the meeting to be turned in to Dorine, or placed in the comment 10X. THANKS FOR YOUR HELP AND COOPERATION! I r GlTYof ORONO Municipal Offices Street Mdress: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 June 17,1997 Greg Nybeck Executive Director LMCD Gray Freshwater Center 2500 Shadywood Road Suite 19 Excelsior, Minnesota 55331 Dear Greg: The Orono City Council has been provided with a copy of the proposed 1998 LMCD budget The Council has indicated that a public hearing should be held to enable public input regarding the budget. The city's review of the proposed budget has raised concerns regarding the substantial increase in contributions by the cities to fund the proposed expenditures. The Legislature has placed cities under a levy limit for the next several years. This levy limit will be approximately equal to the cost of living increase. The pioposed increase in the city of Orono's contribution to the LMCD for 1998 is several times the expected increase in the cost of living. Sincerely, Ronald J. Moorse City Administrator Telephone (612) 473-7357 • FAX 4734)510 GITYof ORONO Municipal Offices Street Address: 2750 Kell^ Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 June 17,1997 Tim Pattrin 1360 Railroad Avenue P.O. Box 51 Crystal Bay, Minnesota 55323 Dear Tim: On behalf of the Mayor and City Council, I want to congratulate you on your appointment as Chairman of the Lake Miimetonka Communications Commission, and to thank you for your excellent work as the city’s representative on the LMCC. Keep up the great work! Sincerely, Ronald J. Moorse City Administrator Telephone (612) 473-7357 • FAX 473-0510 ■r L 06-17-1997 10:46 612 473 7033 LnCD P.03 LAKE MINNETONKA CONSERVATION DISTRICT Gray Freshwater Center, 2500 Shadywood Rd., Suite 19 471-9588, FAX 471-0632 NEWS RELEASE June 16,1997 Contact; Gene Strommen Project Manager Greg Nybeck Executive Director SUBJECT: Public Access Limited Use Due to Herbicide Treatment for Milfoil FOR IMMEDIATE RELEASE Some public accesses on Lake Minnetonka will be subject to a 24 hour limited use restriction to assist in the effectiveness of herbicide treatment scheduled in June. Herbicide will be applied to certain public accesses to control the growth of Eurasian watermilfoil as allowed by a MN Department of Natural Resources Permit. The first access treatments arc scheduled to start at 7:00 am, Monday, June 23, at the following accesses: 1) County Highway 16, Wayzata Bay; 2) County Highway 51, North Arm Bay; 3) County Highway 125, Mounds Park, Cooks Bay, and 4) Tuxedo Blvd, Zimmerman Pass, Phelps Bay. The second access treatments are scheduled to start at 7:00 am, Monday, June 30, at the following accesses: 1) County Highway 101, Causeway, Grays Bay; 2) County Highway 51, DNR Access, Maxwell Bay, and 3) County Ffighway 15, Spring Park Bay. An alternate public access will be about a mile away from the access scheduled for treatment for public convenience. The Lake Minnetonka Conservation District expresses its appreciation to boaters for their cooperation during these two groups of public access treatment. Questions concerning the treatment may be directed to the milfoil project manager or executive director, 471-9588. 06-17-1997 10:47 612 473 7033 LMCD P.04 June 16.1997 LAKE MINNETONKA CONSERVATION DISTRICT 2500 Shadywood Rd., Suite 19, Excelsior MN 55331 471-9588. FAX 471-0632 Contact; Gene Strommen Greg Nybeck SUBJECT Milfoil Harvest Underway on Lake Minnetonka FOR IMMEDIATE RELEASE The first of 957 acres approvec by the MN Department of Natural Resources for mechanical harvesting of Eurasian watermifoil will be removed from Lake Minnetonka starting June 17, according to Herb Suerth, Milfoil Program Board member. Lake Minnetonka Conservation District (LMCD). Phelps Bay and South Upper Lake in the vicinity of Spray and Enchanted Islands will receive the initial harvesUng through June 25. The familiar blue LMCD harvest machines w ill then move to the Phelps Island shore of West Upper Lake and Cooks Bay starting June 26. Black and Emerald Lakes will be included in this scries of milfoil harvest areas, completing this portion by June 30. “This advance schedule is subject to weather cooperation and continued good operating condition of the four LMCD harvest machines,” project manager Gene Strommen observed. “The experienced five-member crew and supervisor Todd Grams, all school teachers becoming summer milfoil harvest professionals, are returning to continue the 8th year of LMCDmilfoil harvesting,” Strommen added. “The Suburban Hennepin Regional Park District will add its machine and operator in late June to boost the harvest capacity.” Bays identified for next scheduling include Grays. St. Albans, Gideons, Carmans. Crystal and LaFayette. This order of harvest could be adjusted depending on milfoil growth conditions identified by aerial and water surface inspections. The program is scheduled to continue ten weeks through August 22. Persons wishing to report conditions in their area niay leave a message with the LMCD staff at 471-9588. m L 06-17-1997 10:46 612 473 70I- 3 LMCD P.02 LAKE MINNETONKA CONSERVATION DISTRICT June 17,1997 MEMO TO: LMCD Board of Directors FROM: Gene Strommen, Project Manager SLfBJECT; Milfoil Harvest Progress Rtpait, News Releases Harvesters arc launched and in the water today, Tuesday, 6/17. th« eut riiore ofPhdps Island on West Upper Uke will be the find priority inW of Jun* 23 . Thii first attack will conclude with ponions of Cooks Bay. Emer^ airi Black 1,1.. The enclosed news release on Milfoil Harvest of 6/16 provides further detail. The next step starting July 1 , weather and operating conditions permitting, will be a move to Grays Bay wWch traditionally surfaces out by that time. Supervisor Todd Gram and the crew are enthusiastically moving forward. Mechanic Mwsh Gabriel has the machines all water-ready. They look the best for operational readiness in years. Marsh has made modifications on UMI design arws which have prematurely worn, fixing throttle levers, thruster cable attachments front end bearing assemblies, and security lock boxes for the machine radios and hand tools. We will keep you posted in the days ahead on the progress. I am speaking «o the Encelsior Rotaiy Club today, an invitation 1 received in “ talk about milfoil and other concerns affecting Lake Minnetonka. I will give the LM and Save the Lake program a boost! Please phone your feedback on the harvest program progress to myself, 470-9796, (message machine should be ready for you) Greg at the office, 471-9588. Thanks for your support.