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HomeMy WebLinkAbout10-12-1998 Council Packetr AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 12,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (♦) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. COUNCIL MEETING ROLL CALL CONSENT AGENDA ^ ^ 1.Approve/Amend CnVOFOBOHO 7:00 p.m. 2.Presentation - Orono Schools - Healthy Youth Initiative and Mentorship Program APPROVAL OF MINUTES ♦3. Re^. lir Meeting of September 28,1998 PARK COMMISSION COMMENTS - James White, Representative PLANNING COMMISSION COMMENTS - Charles Schroeder, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT . 4.#2404 Otten Brothers Nursery, 2350 Wayzata Boulevard - PUD # 1 Amendment - AdopUon 5.#2418 Robert Lund on beiiulf of Graydon and Michelle Newman, 1655 Bohn's Point Road • Variance - Denial Resolution 6.#2420 Robert Ryan, Jr., 3535 Chiistine Drive - Variance - Denial Resolution 7.Tonkawa Shores Private Road Staridards Review 8.Plumbing in Accessory Buildings - Zoning Code Amendment - Ordinance 9.#2389 Daniel Kluth, 2801 Fox Street - Conditional Use Permit - Resolution 10.Interim Uses - Ordinance MAYOR/COUNCIL REPORT ENGINEER REPORT ■^11 Pay Request #2 for Shoreline/Heritage Drive Sanitary Sewer Improvements 12.Amend Assessment Roll for Shoreline/Heritage Drive Sanitary Sewer Improvements - Resolution /r 13.No Parking - Femdale Road North - Resolution 14.Discuss/Approvc Golf Course Painting r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, OCTOBER 12,1998; 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR’S REPORT 15. Renew Participation in Livable Communities Act - Resolution 16. Lighting for Orono City Facilities Parking Areas * 17. Budget Amendment for ExpendiUires Related to County Road 15 Study 18. Authorize Agreement with Mn/DOT for Highway 12 Noise and Vibration Study - Resolution 19. Schedule Work. Sessions CITY ATTOIWEY’S REPORT * 20. LICENSES * 21. BILLS UPCOMING ISSUES AND EVENTS 1998 10/12 - Council Meeting, 7:00 p.m. 10/13 - Meeting with Orono Oaks Property Owners, 5:30 p.m. at 1290 Orono Oaks Drive 10/19 - Planning Commission Meeting, 6:30 p.m. 10/26 - Council Meeting, 7:00 p.m. 11/02 - Park Comn'ission Meeting, 7:15 p.m. 11/03 - GENERAL ELECTION, Polls Open 7:00 a.m. - 8:00 p.m. i 1/04 - Highway 12 Design Review Committee, 5:30 p.m. 11/09 - Council Meeting, 7:00 p.m. ^ 1 1/1 1 - HOLIDAY, Veteran ’s Day 1 1/16 - Planning Commission Meeting, 6:30 p.m. 11/23 - Council Meeting, 7:00 p.m. 1 1/26 - HOLIDAY, Thanksgiving 1 1/27 - HOLIDAY, Thanksgiving r I Public Attendance MEEnNG Date / <?//2/ \ / 5□□ Council Planning Commission Pakk Commission Other NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 4 1 Lu/\ya ^ O/z^ny I-^HSc-1-.y I"! ^P^y Mr(^‘ tS'‘4c><^ Ay^fVwV^-^A./ (M (a / cP/ 0 ?^.(yo7iyyu\.3i\oo / i ^ ^ ^ 1 . * 5 l s-v-v tSo^ sc//- o-., Aw 7Yo</ // b P C l\I- 0 ^ ^ ( OC< L1 Xf A*/ yr^iPi —, -t-^Z w4 ^ ---------i------------------i----- . 1 //AA y/i co^<.tPLjTp ____________- « J. Klu-fi 21^0 ( I^at ____l!____--------------- Q.• • •• in * • 11 __________________________________________________________— 19 • 19 __________________________________________________________________ Id • ----------------------------------------------------- 15. m r CuUi\JjL REQUEST FOR COUNCIL ACTION OCT 1 2 1998 cm'cror;c*.j DATE: October 9. 1998 ITEM NO: ^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Presentation by Orono Schools Staff Regarding the Healthy Communities Health Youth Initiative and a Related Mentorship Program The Orono School District has begun a healthy communities - healthy youth initiative and a related mentorship program. A brochure regarding the mentorship program is attached. Teri Cain and Melanie Deluca, Orono Schools' staff who are involved with these programs, have requested an opportunity to present information regarding the programs to the City Council. COUNCIL ACTION REQUESTED: No action required. 5 > r^l r~ Tm~r—r r-m" n ir~ ‘ ~r rmn ~t i r r#- . • *■ ' • ■■ .',1 ■'■-.h'-'* . v:.V V'• :..’K >:-•-•' i :■. ■ ; • ;ffy.rr ■■ •,;>I •V t \i;' I “ I- '■ ••<ABOUT THE PROJECT. ■ * r ft. ■ . I ■ V-^.. Orono Healthy Communities-Healthy Youth has received a grant to launch this new effort to connect youth with community mentors and to reach out to families and nelghborhooods. '*. t'-hS-: r-A Search Institute has Identified 40 developmental assets which are proven to Increase resistance to problematic behavior and heighten success. A variety of mentorship possiblltles are possible, from traditional one-on-one to group mentorships. These mentorship opportunities foster the assets of caring adult relationships, structured activities, caring neighborhoods, youth as resources and community values youtii. ABOUT THE PARTNERSHIP k-: •r 6^.5 '-f Orono Community Education and YMCA Camp ihduhapi have Joined forces to provide share resources and expand a common vision and related mission. The YMCA mission "To buiid strong kids, strong families, strong communities " is a naturai support and partner to Orono *s Healthy Communl- ties-Heatthy Youth emphasis on buBdtng developmental assets. \ 4 t ft s. 4 ^r *. < I' Ik61.S §*^ s ^ ^Iftll-Islll ssr -1 • •?)V' • o KEY CONNECTIONS:rk I at 4 OPPORTUNITIES FOR MENTORING YOUTH IN COMMUNITIES OF THE ORONO SCHOOL DISTRICT . »' *■?.*** * # i V- ,.i ■ * > , ; • \ f p . f . s .' ^ < i , •t »r. • *■ • - V ^ - V iv ' > * ■■ ‘. v *'*> ’■ ■"! . ; .• t . . ^ . > , _ ^ •. • r ^ r ' > r. -V • , • .V' V «\ f s > • A K t »^ 5Ajre hterests to unlock a your^ person's potential iORONOl 5 !? .kt ii /SSjs . t * ♦ '•O ■*.**► ' ' n > • AINS: ‘i THIN i ORONO I r ■ 1 i ^ .r,‘ V / t ' * > - •" Li ' ' * *^j L’ '*' i t. ■. -.r n-- unlock mtbf V « JkJR pfT-• •J- ’P* •4/ t^: YOURSELF:How could I and someone / (myspouse, significant other, civic or hobby associa ­tion) bund rdatkmships with a few youth in our community? How could / share my skills and interests and provide a learning activity to expand youth's htmzons? An outgrowth of Orono's Healthy Communities * Healthy Youth initiative is to provide potitive adult relationships and construc ­ tive use of time for youth for whom these two xsets are not present or strong Almost anything is possible given your talents, interests and avaOabttity. WHY MENTORING? In a Louis Harris poll on mentoring: 7^39bof students said titeir mentors helped them raise their goals and expectations. 87% of students went directly to coOe^ or planned to attend college witiiin one year of gtaduating from high school. 399() of mentored students improved titeir grades. 879i) of mentored students said they henefitted in some way firom titeir mentoring relationships. WHAT IT TAKES:Your desire to be s friend to youth Sr a wiifingness to share your time and talents are the most important requirements for this prc^am. Trainbtgmtd on-going support will be provided by mcA/Com ­ munity Education staff. We're reaching out to sdtooi- agedyouth. Volunteers are asked to commit at least three months to a mentoring profect GROUP MENTORSHIP OPPORTUNITIES COULD LOOK LIKE THIS: *several youth learn car repair through working on a project with community members *two or three youth areg'ven musk lessons at a church rehearsal space *neighboihoods hold summer bode dub readings and activities at a park ■ » • THIS SOUNDS GREA mi HOW DO / GET INVOIVED? Fill out the tear off portion of this brochure znd mail it in. You wiU be contacted witiiin a week to discuss your ideas and to notify you of training OMXMtunitks or to answer any questions you may have. f ■ i .1 > f- I . i - V s \i » !.- Vr-V / mi TeriCainYouth Development Coorehnator YMCA Camp Ihduhcpi Orono Community Education Box 37 Loretto, MN 55357 (612) 47V-:;46. ext. 228 Fax: (612) 479-1333 f'r"' . . ^ f t * .■i « ■ r.M' 8 7^ / ■ -a 3 COUNCIL r.r£2Tlv IQQQ ORONO CITY COUNCIL MEETING OCT 1 Z -lyyo minutes FOR SEPTEMBER 28.199S era' C;" ORONO ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. Representing Staff were City Administrator Ron Moorsc, City Attorney Tom Barrett, Planner/Zoning Administrator Elizabeth Van Zomcren, Assistant Zoning Administrator Paul Weinberger, Director of Public Services Gre^ Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:00 p.m. (#1) CONSENT AGENDA Goetten moved, Peterson seconded, to amend the Consent Agenda to include Item 2B, Martha and Douglas Head Sewer Project. VOTE: Ayes 5, Nays 0. Items 6, 7, 8, 9, and 20 were added to the Consent Agenda Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. (#2) ORONO ORCHARDS SANITARY SEWER PROJECT - PUBLIC HEARING 7:05 p.m. - 7:27 p.m. A. Authorize Preparation of Plans and Specifications for Orono Orc!.,?.r^5 Sanitary Sewer Improvements - Resolution No. 4161 Kellogg stated the feasibility study regarding the Orono Orchards sanitary sewer project has been completed, with Orono Orchard Road. Woodhill Road, Smith Avenue, and Lsman Avenue being targeted for hookup to the City’s sanitary sewer system. Kellogg reported all of the septic systems in this area are non-conforming to the current regulations, with more than half of the systems failing, and the options for replacement of septic systems are extremely limited in this area. The residents have sent a letter requesting that the City begin the process for a sewer project for this neighborhood. A total of 23 units arc included in this project, and a rough estimate of the cost at this time is appro.ximatcly $23,700 per unit. Kellogg stated an advertisement for bids will go out in the spring of 1999, and construction should commenee by May or June, with an estimated completion date of August of 1999. Kellogg noted the final laj cr of bituminous asphalt will not be laid until the following vear. Page 1 ■jBi ! 1 i ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 (Orono Orchards Sanitary Sewer Project, continued) Lili McMillan questioned whether the last two residences located on L>man Avenue will be able to have gravity flow sewer due to the lowness of the land in that area. Kellogg stated that section of the project has been analyzed and the gravity flow system should \York in that area. A resident inquired whether the $23,700 per unit was the actual cost of the project per residence. Kellogg stated bids have not been received yet and that figure is merely a rough estimate of the projected costs. Mayor Jabbour commented the City Council in the past has attempted to find various means of allocating the costs of the project equitably to each resident, and has determined that the best way of allocating the costs of the project are to assess w hat the City feels is a reasonable cost for the services provided. Mayor Jabbour stated an assessment hearing will be held once the actual bids are received for this project and the costs w ill be assessed at that time. Jane Delaney, 1350 Woodhill Avenue, stated she has spoken w ith Mr. Gappa about this project and w'as told that there were other options that could be explored instead of installing a gravity flow system. Delaney inquired whether the possibility of lift stations being utilized had been explored at all. Mayor Jabbour stated it was his understanding that option had been ruled out. Gappa remarked that grinder pumps are cheaper, but the majority of the residents had requested a gravity flow system. Mayor Jabbour explained that with a grinder pump system, the water gravitates to the deepest hole where it enters a large container in the property owner's basement and then is pumped to the City's sanitaiy sewer system. A resident inquired about the accuracy of the data collected, noting that her system was cited as failing, when in fact it is fine. GafTron stated that sewer systems can be functioning fine one da\ and then a few days later could be found to be failing. Gaffron remarked that he was not sure what Steve Weekman, the Septic Inspector, found. Mayor Jabbour commented that the assessed costs can be put on the tax roll and paid over a ten or fifteen year period of time rather than in a tump sum at the time of installation if the resident so chooses. Kellogg stated all residences in this neighborhood will be hooked up to the Citx-'s sanitary sewer svstem. McMillan inquired w hether a resident has the option of hooking up to the sanitary sew er at a later time if their system is functioning properly at the time the project is commenced. Page 2 r ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 (Orono Orchards Sanitary Sewer Project, continued) Moorse stated the City, in the past, generally has allowed residents up to 16 months to hook up to the sanitary sewer system. Mayor Jabbour stated if the system is failing, the resident has no option but to hook up at the time of the project, noting the City has not taken a strong position in the past on conforming systems. Gaffron stated the City has allowed conforming systems a longer period of time to hook up. Mayor Jabbour suggested the Cit>' may want to review that practice and come up with some firm guidelines to follow. Marsha Raiche, 180 Orono Orchard Road, inquired whether the two acre lot size will be maintained. Mayor Jabbour replied that the lot sizes will not change with this project, and it is the intention of the City not to allow any sewer project to change the density of the neighborhood. Mayor Jabbour closed the public hearing at 7:27 p.m. Kelley moved, Goetten seconded, to adopt RESOLUTION NO. 4161 authorizing BRAA to prepare the final plans and specifications for the Orono Orochards Sanitary Sewer Project and to advertise for bids. VOTE: Ayes 5, Nays 0. Mayor Jabbour stated the costs of the sanitaiy sewer project arc directly related to the City's ability to obtain easements, and it is the goal of the City to have zero legal fees associated with obtaining easements jointly with the residents. Jabbour commented City Staff is happy to work with any resident that has questions or concerns regarding the project. Craig Hertzenberg, 115 Smith Avenue, inquired when the residents will be notified that the project is approved. Mayor Jabbour stated the residents will be notified of the public hearing regarding approval of the project and the costs will be determined at that time. Kelley stated in his view this project benefits the property owners greatly and is in favor of these types of projects. In response to a resident's inquiiy, Gaffron staled the average mound SN Stem, with average use, should last a minimum of 15 years, and could last 30 years or more. Raiche inquired whether water hookup could also be done at the same time. Mayor Jabbour replied that it would cost the residents quite a large sum of money to have water run to the area, noting that water scr\'icc at this time is only provided to the Highway 12 commercial district. Page 3 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 (Orono Orchards Sanitary Sewer Project, continued) A resident expressed concern over the increase in taxes that will be experienced because of the hookup to City sewer. Mayor Jabbour stated it is not the desire of the City to increase taxes to the point where it forces people into moving, but unfortunately the City is not able to selectively give ta.x reductions to certain residents. Jabbour noted certain grants are available that residents can obtain to help pay for the hookup. Moorsc stated they have ongoing talks with the people who administer the CDBG grant program and will research obtaining grant money through the agency. Goetten stated there is a deferral available for people w ho are over 65 years of age. Mayor Jabbour requested the City Administrator to review acquisition of grant monies further. Kelley stated there is more pressure on the City of Orono to bring the failing and non-conforming systems up to code. (2B) 2090 SHORELINE DRIVE SEWER PROJECT - PUBLIC HEARING A. Authorize Preparation of Plans and Specifications for 2090 Shoreline Drive Sanitary Sewer Improvements • Resolution No. 4162. Mr. and Mrs. Head were present. Mayor Jabbour noted this item has been placed on tonight's agenda at the request of the Heads. Kellogg stated the Heads have requested hookup to City sewer, noting this system will be a pressure system because of the land elevations. This property consists of approximately four acres, with one acre above floodplain. Presently there are three buildings on the site, with the two primar)’ residences having their own septic system and the cabin having an outhouse. The proposed s> stem w ill need to be directionally bored from the property under the lake to an existing manhole at the intersection of Shoreline Drive and Birch Lane. The estimated costs for this project arc approximately $34,000.00, which includes cverxihing on the overhead diagram as well as a $5,000 cost for the grinder station. The grinder station and installation would be the property owner's responsibility, noting that would be credited against the assessment. Ma\or Jabbour stated the Heads have been talking about obtaining sewer for their property for some time now. noting since the property is located on a peninsula, it is easier to direct it towards Minnetonka Beach due to the closer proximity to the existing City sewer in that area. Mayor Jabbour stated the City Council came to the conclusion to provide sewer to the two main homes on the property previously, noting the Heads have requested two buildablc lots. Upon a request from the Heads, the City Council has visited the property and have decided to allow the Page 4 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28,1998 (2090 Shoreline Drive Sewer Project, continued) two buildablc lots and to proceed with the sewer project. Mrs. Head stated the property was purchased approximately 88 years ago, noting there have always been two residences located on the property as well as the cabin, and the land has b^n passed down through the family since then. Mrs. Head stated they would like to keep the two buildable lots. Mayor Jabbour stated the property will be limited to two buildable lots, two sewer units, and the City Council would like to review the property in a few years. Kelley inquired whether the two lots were one tax parcel and how the taxes were divided between the two residences. Gappa stated they are one tax parcel. Mrs. Head stated they are owners in common. Flint commented he has reviewed the property and it is in need of sewer. Flint stated it is his position that the property should remain at rtvo buildable lots with the Heads being assessed for two sewer units. Flint stated he would like to have a running covenant on the property that the property' would be limited to no more than two buildablc sites. Mayor Jabbour moved, Goetten seconded, to adopt RESOLUTION NO. 4162, a Resolution authorizing BRAA to prepare the final plans and specifications for the Head Sewer Project at 2090 Shoreline Drive and to advertise for bids. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMENTS Van Erickson stated the new plans for Dickey Park should be rcad> soon and the short court is currently being installed at Old Cty stal Bay Park and should be completed in a couple of weeks. Mayor Jabbour stated he has spoken with Fairview Covenant Church and the congregation is in favor of continuing the dialogue with the City about acquiring access to Saga Hill. Flint remarked the City Council's packet includes a letter concerning parkland mitigation on the land adjacent to Holbrook, and suggested the Parks Commission consider working with MnDot to obtain the Eisingcr property as parkland. Goetten noted a particular piece of propcrt\' has not been presented yet. Mayor Jabbour commented there were issues that need to be dealt with regarding Highway 12. Erickson stated he w ill be meeting with the Sports Commission to discuss future plans for City parks and the Eisingcr property. Page 5 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28,1998 LAKE MINNETONKA CONSERVATION DISTRICT - LILI MCMILLAN, REPRESENTATIVE McMillan reported the LMCD has relocated its offices to Deephaven, noting the Freshwater Foundation gave them a generous contribution for relocating. McMillan reviewed the LMCD budget, noting that the 1999 lev>’ amount will be $151,000.00. The maximum levj' amount is $191,000.00. McMillan stated $95,000.00 has been allocated for exotics, noting she is unfamiliar with what that all consists of Goetten inquired how the LMCD is planning to allocate the money in the budget this year. McMillan stated the money is distributed to different programs for the betterment of the lake. McMillan commented the reserves could be utilized more to reduce the levied amount to the cities. Mayor Jabbour remarked the LMCD budget should be m.ore project orientated and levy for specific projects rather than a flat levy amount every year. McMillan stated $40,000.00 has been allocated to overhaul the milfoil har\estcrs this fall. PLANNING COMMISSION COMMENTS - LILI MCMILLAN, REPRESENTATIVE None PUBLIC COMMENTS None ZONING ADMINISTRATOR’S REPORT («4) «2368 KIRK OTTESON, 710 NORTH ARM DRIVE - VARIANCES Kirk Otteson was present with his architect. Van Zomcren stated this item was added to the agenda on Friday at the request of the Ottesons. Van Zomcren stated the City Council had previously approved this application which called for a second story to be added to the residence. The building inspector has since inspected the property and has stopped work on the project to allow the Cit\’ Council time to review whether the current situation meets the original intent of the variances that were granted or is beyond the scope of the variances and requires flirther consideration by the Planning Commission. Van Zomcren stated the building inspector has suggested that a new foundation be moved back ten Page 6 r i ■ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 i ! |i (^2368 Kirk Otteson, continued) feet to comply with the average lakcshorc setback. Mayor Jabbour stated the City Council usually docs not get involved in structural Issues but defers those matters to the building inspector. Otteson stated he had a structural engineer rcvic%v the foundation of the house and he has slated the present foundation is okay to build on, after underpinning along one wall. Mayor Jabbour suggested Mr. Otteson contact the building inspector and work that matter out between the two of them. Moorsc stated the building inspector preferred that a new foundation be built. Mayor Jabbour stated the issue before the City Council tonight is if we had understood that this house would be tom doun to the foundation would we still have approved these variances. Otteson stated the intent of the project remains the same in his view and he is merely trying to meet current standard constmetion practices. Otteson stated they felt thc\ were in a gray area as to what they were allowed to do under the application. Otteson remarked the building inspector has stated the joists are not adequate to build on and need to be replaced which was not known until some sheetrock was removed from the wall. Kelley commented it is usualK’ hard to predict what will need to be replaced until the project is underway, noting he is in favor of the project going forward. Kelley stated if the foundation needs to be replaced based upon the opinion of the building inspector, then the application should be reviewed. Goetten stated the safety of the occupants needs to be taken into consideration. Mayor Jabbour commented minor repair of the foundation is okay. Van Zomcren stated the Applicants arc planning to have the foundation certified and are attempting to comply with the City's requirements. Goetten moved, Peterson seconded, to approve #2368, 710 North Arm Drive, allowing construction to continue as originally approved subject to certification by a structural engineer that the foundation can be built upon. VOTE: Ayes 5, Nays 0. (#5) #2401 THOMAS AND MARGARET RADKE, 3424 EASTLAKE STREET - VARIANCE/RESOLUTION NO. 4163 Thomas and Margaret Radke were present. Kelley stated he is not opposed to the application, but has concerns about the other property owner wanting to build a shed on the property in the future Kelley stated the neighbor should be allowed to construct a similar shed on the property if he so desires Page 7 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28,1998 (^2401 Thomas and Margaret Radke, continued) Radkc stated he docs not have a problem with that, noting he is proposing to construct a 10* by 14' shed. Kelley moved, Goetten seconded, to adopt RESOLUTION NO. 4163 approving Application )/2401,3424 Eastlake Street, granting of a variance to allow an accessory building to be constructed on a lot without a principal structure not to exceed 12' by 15', and reserving the right for the adjoining neighbor to construct a shed, not to exceed 12' by 15', on the same lot. VOTE: Ayes 5, Nays 0. (*#6) #2408 MIKE HILBELINK ON BEHALF OF TED WOLF, 900 WILLOW DRIVE NORTH - SUBDIVISION - RESOLUTION NO. 4164 Goetten moved, Peterson seconded, to approve ^2408,900 Willow Drive North, adopting RESOLUTION NO. 4164, A Resolution Approving a Subdivision of a Lot Line Rearrangement of a Property Located at 900 Willow Drive North. VOTE: Ayes 5, Nays 0. (*#7) #2412 STEVE WHITE, 4355 BAYSIDE ROAD - RENEWAL SUBDIVISION - RESOLUTION NO. 4165 Goetten moved, Peterson seconded, to approve #2412,4355 Bayside Road, adopting RESOLUTION NO. 4165, A Resolution Approving a Metes and Bounds Class I Subdivision of Property Located at 4355 Bayside Rond. VOTE: Ayes 5, Nays 0. (•#8) #2414 RANDY AND MARIE STAFFANSON, 1422 PARK DRIVE-VARIANCES- * RESOLUTION NO. 4166 Goetten moved, Peterson seconded, to approve #2414,1422 Park Drive, adopting RESOLUTION NO. 4166, A Resolution Granting Variances to Allow for the Construction of a Garage at 1422 Park Drive. VOTE: Ayes 5, Nays 0. (*#9) #2415 TERRY SANDERS ON BEHALF OF KEVIN KENNEFICK, 3241 CASCO CIRCLE - CONDITIONAL USE PERMIT/VARIANCES - RESOLUTION NO. 4167 Goetten moved, Peterson seconded, to approve Application #2414, adopting RESOLUTION NO. 4167, a Resolution Granting After-the-Fact Variances and an After-the-Fact Conditional Use Permit to Allow the Replacement of a Deck and Land Alteration within 75'of the Lakeshore for Landscaping and Rock. VOTE: Ayes 5, Nays 0. (#10) #2418 ROBERT LUND ON BEHALF OF GRAYDON AND MICHELLE NEWMAN, 1655 BOHN'S POINT ROAD - VARIANCE Page 8 r ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28,1998 (1^2418 Robert Lund on behalf of Graydon and Michelle Newman, continued) Kris HofF, a Representative of Robert Lund Associates Architects, LTD., was present on behalf of Graydon and Miehelle Newman. Weinberger stated the Planning Commission has recommended approval of this application which calls for a variance to the average lakeshore setback and a variance to the hardcover within the 75*-250* lakeshore setback. Goetten inquired whether the residence was existing at the time the 26.7 percent hardcover was approved. Weinberger stated the house was not tom down at that time. Goetten commented when a residenee is tom down and a new residence constructed, it is the policy of the City Couneil to have the new residence conform to the 25 percent hardeover limit. Goetten inquired whether the guest house still exists. Hoff replied that the guest house still exists. Weinberger stated there is no conditional use permit for the guest house. Hoff stated the variance to the hardcover has already been granted and the Applicants are requesting to revise their plan. Mayor Jabbour stated the house was removed in October, 1997. Kelley stated he agreed with Mayor Jabbour and Goetten in their view that hardcover should be limited to 25 percent on the new residence. Kelley inquired why the guest house was not included in the application when the Applicants applied for a building permit to construct a new residence. Weinberger indicated the guest house is an existing structure. Goetten inquired whether the proposed driveway will be adequate. Peterson moved, Jabbour seconded, to deny Application ^2418,1655 Bohn's Point Road> VOTE: Ayes 5, Nays 0. («11) #2419 ROBERT LUND ON BEHALF OF WILLIAM AND ANASTASIA HOEFT, 1725 BOHN’S POINT ROAD - VARIANCE - RESOLUTION NO. 4169 Kris Hoff, a Representative of Robert Lund Associates Architects, LTD., was present on behalf of William and Anastasia Hoeft Weinberger stated the Applicants arc requesting to construct a new residence on the property. Hoff commented the Applicants arc proposing to conslmct the residence at this location to avoid Page 9 r I ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28,1998 (#2419 Robert Lund on behalf of William and Anastasia Hoeft, continued) setting the house on top of a hill which would put the house above the other homes in the area. Mayor Jabbour stated he is in favor of the variance. Kelley moved, Goetten seconded, to approve Application #2419, adopting RESOLUTION NO. 4169, A Resolution Granting Variances to Allow for the Construction of a Residence at 1655 Bohn's Point Road. VOTE: Ayes 5, Nays 0. (#12) #2420 ROBERT RYAN, JR., 3535 CHRISTINE DRIVE - VARIANCE The Applicants were not present. Jabbour moved, Flint seconded, to deny Application #2420,3535 Christine Drive. VOTE: Ayes 5, Nays 0. Van Zomcren stated the Applicants were notified of tonight's hearing. (#13) ZONING CODE AMENDMENT - PLUMBING IN ACCESSORY STRUCTURES Kelley inquired why the City Council was wishing to change the zoning code. McMillan, Planning Commission Representative, stated the Planning Commission has been working on this issue in an attempt to give Cit>' Staff some direction on how to deal w ith these applications. Moorse commented City Staff had requested some guidelines on how to regulate plumbing fixtures in accessory structures. Gaffron stated City Staff wanted direction on how to deal with applications requesting the installation of plumbing fi.xturcs in acccssoiy buildings. Gaffron stated this amendment allows Citv’ Staff to issue permits without restrictions for certain items, issue permits subject to specific restrictions or covenants for others, and to seek City Council approval whenever a conditional use permit is required. Mayor Jabbour inquired whether it is the City Council's intent to allow accessory' structures with plumbing. Daniel Kluth, 2801 Fo.x Street, commented he understands the City Council's desire to regulate these type of structures. Mayor Jabbour stated this amendment would allow those non-conforming legal accessory structures that have had the plumbing removed previously to re-install the plumbing. McMillan stated overall accessory structures pose a problem to tlic Planning Commission and City Staff and guidelines need to be established for the Citv to follow. Page 10 -.m J r ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28,1998 (^13 Zoning Code Amendment, continued) Gaffron remarked he does not see a big demand for applications of this tvpe. Kelley inquired whether plumbing on the outside of a building would fall under this amendment. Gaffron stated outside plumbing does not fall within this amendment. Kelley inquired how wastewater plumbing is determined. Gaffron stated a sink/toilct/shower unit is classified as wastewater plumbing, for instance. Kelley inquired whether the amendment addresses whether the septic system can handle the additional plumbing. Gaffron stated that additional language could be incorporated into the amendment if the City Council so desired. Kelley suggested the plumbing in acccssoiy structures be limited to lots that exceed two acres in size. Mayor Jabbour stated he has the same concerns as Kelley. Gaffron stated he understands the concerns of the City Council and language can be incorporated to limit it to lots that exceed two acres in size. Kelley recommended the amendment be redrafted to inelude that language and to allow the City Council additional time to review the proposed amendment. Mayor Jabbour stated it is the philosophy of the City Couneil to take amendments to ordinances very seriously and to proceed cautiously. Gaffron stated he will have the proposed language incorporated into the document. (#14) #2389 DANIEL KLUTH, 2801 FOX STREET - CONDITIONAL USE PERMIT/ VARIANCES Daniel Kluth was present. Weinberger stated the Planning Commission has recommended this application be approved contingent upon approval by the City Council of the Zoning Code Amendment. Weinberger stated the Applicant is proposing to install one toilet and one sink in the building which will be used as a game building. Kluth remarked he is planning to have the building inspected this week, noting the building will be used strictly as a place for his kids to play and to house a train set. Kluth stated he built the Page 11 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 (M2389 Daniel Kluth, continued) accessory structure because he was unable to add on to the existing residence due to some drainage problems that would be created. This property consists of 2.71 acres. Kluth stated he will comply with whatever restrictions the City Council deems necessary. Kelle>* remarked the City Council cannot act on this application until the ordinance amendment is approved. Kluth stated the pipes have been run to the outside of the building but arc not connected to any fixture. Goetten inquired when the amendment can be ready for review. Gaffron stated the amendment will be ready for review by the next meeting. Mayor Jabbour stated the Cih- Council cannot approve a conditional use permit for something that does not currently exist in the Citv Codes. Flint stated he is in favor of waiting until the amendment is approved. Jabbour moved, no second, to approve Application #2389, granting of a Conditional Use Permit contingent upon approval of the Zoning Code Amendment Regulating Plumbing in Accessory Structures. Kluth stated he docs not need approval for the guest house but merely the plumbing fixtures. Mayor Jabbour withdrew his motion. Weinberger stated the deadline for this application is October 15th. Kluth stated he will request another extension if necessary. Jabbour moved, Peterson seconded, to table Application #2389, 2801 Fox Street, to the next City Council meeting. VOTE: Ayes 5, Nays 0. (#15) APPEAL OF ADMINISTRATIVE DECISION - ROAD ACCESS, 3410 NORTH SHORE DRIVE Gaffron stated Mr. Regan has applied for a building permit to make improvements to his property. The proposed work meets all setback and hardcover requirements; howev er, issuance of that building permit has been delayed based on Mr Regan's proposal to construct a second driveway access off of Tonkawa Road using Jim Render's private road. Gaffron stated when the subdivision for Render was reviewed by City Council, Staff was unaware that Regan's old garage was being accessed via Render's driveway because access to the North Page 12 ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 (^15 Appeal of Administrative Decision, continued) Shore driveway is impossible due to an existing deck between Regan's house and the east lot line. Render was unaware of the intended change in use by Regan at the time the subdivision was granted. The road approved for the subdivision is a substandard road and was intended as a driveway to serve only Render's three proposed homes. City Council approved a 16 foot wide road. Gaffron noted Render could not be present at tonight's meeting. Kelley commented he raised this issue at the time the subdivision was being approved and was told that access in the back was not necessary. Gaffron stated if access to Render's road is granted, the City' Council could make it subject to Render granting the existing easement beneficiaries the right to use his road as they have in the past, and subject to discontinuing Regan's access off of North Shore Drive. Staff recommends that the road be widened to 24 feet, noting Render has requested that the parties share in the costs of improving the road. Mayor Jabbour suggested the two parties get together to tr\' to resolve some of these issues, noting it is not the intent of the City Council to get involved in property owner disputes. Regan stated he was not aware that he would need access off Render's road until after the subdivision w'as approved. Regan commented he had the understanding it was going to be a public road. Goetten stated she voted for the 16 foot road in light of the fact that only three properties would have access off of it, noting that Mr. Regan did not raise these concerns at the time the subdivision was approved. Goetten noted the neighbors will need to be notified about the possible change. Regan stated he will discuss this matter with Render. ENGINEER REPORT (#17) DISCUSS SANITARY SEWER SERVICE FOR 2140 SIXTH AVENUE NORTH Gappa stated City Staff has received a letter from Woodlands Home requesting hookup to City sewer because of septic system failure. Gaffron stated the options for replacement sites arc extremely limited. Gappa stated a rough estimate for this project is approximatety $25,000.00, with no formal estimates being obtained. A prcliminaiy review shows that gravity sewer serv ice is feasible for this property' or a grinder pump force main s\ stem if the costs arc too prohibitive. Phillips stated they have had their present sewer sv stem examined by experts who have concluded that the antibiotics and other drugs that ar; flushed down the system arc causing the Page 13 r )I ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 (#17 Sanitary Sewer Service, continued) system to fail. Kelley stated he is in favor of bringing City' sewer to the Woodlands, and suggested asking the church whether they would also be interested in hooking up to City sewer at the same time to help share in the costs. Mayor Jabbour commented the City will not be sharing in the costs of the project. It was indicated that the Metropolitan Council would have to be contacted regarding the sewer expansion. MAYOR/COUNCIL REPORT Goetten stated while she was at the Ciystal Bay Post Office, she observed people still parking in front of the post office which restricts a person's line of vision as they are exiting the parking lot. Goetten commented there are safety' concerns that should be addressed and the City perhaps should do some striping to prevent parking on the roadway. Kelley inquired whether annexation with the City of Long Lake was still being discussed. Mayor Jabbour stated he has been approached about annexation by a property owner, but in his opinion this matter should wait until the property owner is present. Kelley commented he has received numerous calls on the budget, noting there was a surplus in the 1997 operating budget. Kelley inquired what that surplus was. Moorse stated it was approximately $200,000.00 Kelley' suggested utilizing some of the surplus for projects that are a one-time project such as the comprehensive plan rather than trying to levy for it. Kelley’ also inquired whether directional boring will be a viable option for the City of Orono in an effort to keep costs down. Kellogg stated directional boring is suited for hilly land. Kelley suggested the City start planning now for the new technological advances that are being made. Mayor Jabbour stated he has tried to discuss the long-term vision of the City with members of the Planning Commission, and the City should attempt to focus on the two acre districts rather than micro-managing the City. Mayor Jabbour suggested scheduling a meeting for industrial users to give them an opportunity' to inform the Cit\’ Council about what they would like to see happen with the Highway 12 comprehensive plan amendment. Page 14 m »l- -II ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 (Mayor/Council Report, continued) GafFron stated he will provide that information to the City Council members for their review. Flint suggested the City Council continue to look at the mitigation of Holbrook Park as an addition to the Orono park system, noting this is an excellent opportunity to enhance the City's relationship with Long Lake. Flint also suggested working with Long Lake on the Eisingcr property. (#16) ACCEPT BID FOR TWO PORTABLE ELECTRIC GENERATORS Gappa reviewed his September 28, 1998 memorandum regarding the purchase of two portable electric generators to be used for the emergency operation of sanitary sewer lift stations during power outages. Kelley inquired what these generators will be capable of running. Gappa stated the generators w ill run any of the City’s lift stations and will help the neighboring areas in case of a storm. Kelley moved, Peterson seconded, to authorize the purchase of two 50KW portable electric generators from the Katolight Corporation at a cost not to exceed $40,341.00. VOTE: Ayes 5, Nays 0. (#18) BONESTROO ASSOCIATES - COUNTY ROAD 15 STUDY Flint stated from the language on Page 3, paragraph 1. this analysis should involve the local east/west roads in Orono and how they would fit into the overall transportation system. Glenn Cook stated the> looked at the central area and anal> zed how that would affect County Road 15. Kelley stated he thought the study was premature and the Cit\’ should wait with this analysis until County Road 15 is completed. Goetten stated the City Council should dctenninc what to do in the interim to address the safety concerns related to Countv Road 15 until County Road 15 is completed. Mayor Jabbour commented that he has received numerous complaints from the residents about access onto County Road 15, noting that this road should be looked at for safety reasons. Mayor Jabbour inquired whether the City Council wished to proceed with this study. Flint and Goetten replied yes, they wished to continue with the study. Goetten remarked that there also should be some stoplights or stop signs along County Road 15 to help break up the flow of traffic. Kelley inquired whether it was good City planning to have drivers make a left-hand turn onto Countv Road 15 during certain times of the day. Page 15 I ! ■ ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 County Road 15 during certain times of the day. (tf 18 Bonestroo Associates • County Road 15 Study, continued) Mayor Jabbour stated the study \vill help the City determine what is do-able. Flint commented he would like to see a broader proposal that addresses the whole picture, It was the concensus of the City Council that the study should address the whole issue. Peterson moved, Flint seconded, to authorize Bonestroo & Associates to continue with their analysis of County Road 15. VOTE: Ayes 5, Nays 0. (#19) CITY FACILITIES ROOF REPAIR Mayor Jabbour stated he has spoken with the builder and architect about the roof leak problems experienced on the Cit>' Hall and City Council Chambers. Gappa stated ice builds up on the roof and freezes which needs to be removed and drained properly. Gappa remarked they will be taking pictures of the roof in case of a dispute down the road, noting the original builders are out of business. Gappa stated this problem needs to be corrected soon before major damage is done. Flint moved, Goetten seconded, to authorize roof repairs on the City facilities at an estimated cost of $60,000.00, to be funded from the Building Capital Outlay Fund, and to amend the Building Capital Outlay Fund budget to reflect this expenditure. VOTE: Ayes 5, Nays 0. CITY ADMINISTRATOR’S REPORT (*«20) APPOINTMENT OF 1998 GENERAL ELECTION JUDGES - RESOLUTION NO. 4170 Goetten moved, Peterson seconded, to adopt RESOLUTION NO. 4170, a Resolution Appointing Election Judges for the General Election to be Held November 3,1998. VOTE: Ayes 5, Nays 0. («21) ANIMAL IMPOUND FACILITY Moorsc stated the Wright County Animal Shelter located cast of Delano will be closing down in the near future and the City of Orono is actively seeking another facility to meet the City's needs. Moorsc reported the Humane Society is planning to build a new facility just w est of Rockford which w ill not meet the City's needs regarding case of access. One possible site is the building that formerly housed the Orono Police Department located on Willow Drive in Long Lake. Page 16 r ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 28.1998 (1^21 Animal Impound Facility, continued) Kelley inquired how many cities would be involved in this endeavor. Moorse stated there is a total of 10 to 12 cities that are interested. Mayor Jabbour suggested the City look at the old nurseiy building on Highway 6 and Highway 12 Moorse stated a meeting has been scheduled for Friday, September 25, to discuss the building on Willow Drive. Flint moved, Goetten seconded, to authorize City Staff to further pursue the building lease option in cooperation with the other lake area cities. VOTE: Ayes 4, Nays 1, KeHcy opposed. CITY ATTORNEY’S REPORT (*W2) LICENSES There were no licenses. (*#23) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. ADJOURNMENT Jabbour moved, second by Goetten, to adjourn the meeting at 11:45 p.m. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Major Page 17 REQUEST FOR COUNCIL ACTION COUNCIL M'££T!MG OCT 1 'I CITY or oacNO Date: October 9,1998 Department Approval: Administrator Approval: NaiB£'; Michael P. Gaflron Title: Senior Planning Coordinator Item No. Agenda Section: Zoning Item Description: #2404 Otten Brothers Nursery, 2350 West Wayzata Boulevard - Commercial Site Plan Approval (Amend PUD Agreement) - Adopt Ag>reement Language List of Exhibits A" PUD Amendment Agreement B - Council Minutes September 14,1998 C - Letter from Patrick Pugh October 6,1998 On September 14 the Council voted 5-0 to approve the commercial site plan review application for the Ottpc Brothers Nursery proposed greenhouse addition. That action included approval of the greenhouse addition as proposed, relocation of the existing canopy structure as proposed, allowing the recently constructed entrance monuments in their current location, and allowing the retaining wall/loading dock to remain within Outlot C subject to an agreement that that Otten Brothers Nursery will remove the retaining wall/loading dock if the road is constructed in Outlot C. Approval was subject to two additional conditions identified by Council: 1. 2. The greenhouse shall not have 'production greenhouse' lighting, so that the impact on the surrounding neighborhoods is minimized. Mr. Otten shall work with City staff and the neighboring property owners to determine what additional screening/buffering is to be provided by Otten. The City Attorney has drafted the attached "Amendment Number 1 to Planned Unit Development No. 1 Agreement for East Willow Woods". The agreement incorporates the conditions of approval noted above. Screening/Buffering Staff received a call and a letter this week from Patrick Pugh, the property owner directly across Dickey Lake Drive from Otten Brothers, who was not able to attend the September 14 Council meeting. Mr. Pugh reports he has met with Mr. Otten regarding additional screening and/or #2404 Often Brothers Nursery October 9,1998 Page 2 buffering, and he is not at all satisfied with the response. There is apparently a clear difference of opinion between Pugh and Often as to the extent of additional fencing and/or vegetation that should be installed. Council's approval action left this matter to be resolved by a joint effort of Often, Pugh and staff. Staff is recommending (and has included in the Amendment language as item 5) a requirement that Often post a letter of credit to ensure that whatever is agreed to is completed. There is no 'plan at this time, however, and staff has not met with Pugh or Often individually or together. Oft^ applied for a building permit, and would like to start construction as soon as the Building Official has completed his plan review. The letter of credit seems to be the most prudent method to get the greenhouse started while assuring that screening/buffering will proceed as well. The amount of e letter of credit has not been established, however, because there is no new approved plan. Staff Recommendation Adopt or direct staff to revise the attached Amendment Number 1 To Planilgd Unit PgVglPpmg Pt No- 1 Agreement for East Willow Woods. r CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AMENDMENT NUMBER 1 TO PLANNED UNIT DEVELOPMENT NO. I AGREEMENT FOR East Willow Woods Clifford L. Otten. Developer THIS AGREEMENT, Made and entered in this______^day of 1998, by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City") and Clifford Otten, his heirs, successors and assigns (hereinafter called "Developer"). WITNESSETH: WHEREAS, the Developer entered into an Agreement dated April 23,1990 (hereinafter called "Agreement") to develop East Willow Woods as a Planned Unit Development on all the terms and conditions set forth in that certain Agreement; and WHEREAS, the Developer has requested an Amendment to the Agreement (hereinafter "Amendment 1") to allow for construction of a greenhouse addition adjacent to the existing principal structure and has requested to move the existing canopy: and WHEREAS, the Developer has requested that such Amendment 1 further allow for construction of a loading dock within Outlot C, East Willow Woods; and WHEREAS, the Developer has requested that such Amendment 1 further allow the entrance monuments constructed within Lots 1 and 2 East Willow Woods at the site entrance from Highway 12 to remain as constructed; and WHEREAS, the City Council has granted £q)proval for such Amendment 1, after a public hearing and consideration and recommendation by the Planning Commission, NOW, THEREFORE, in consideration of the premises, and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.Property description : Property description tor Amendment 1 is the same as that for the Agreement. Initials of Developer Initials of City Clerk Page 1 of 5 L 2. 3. 4. 5. 6. 7. 8. Zoning: Property continues to be zoned as a Planned Unit Development under the Orono plaimed unit development ordinance with underlying B-6 zoning. Permitted Uses: Amendment 1 allows the greenhouse addition, relocated canopy and entrance monuments as shown on attached Exhibit A. In order to minimize lighting impacts outside the property, greenhouse shall not have production lighting. Conditionally Permitted Use: Amendment 1 allows the loading dock in the location shown on attached Exhibit A to remain in place and used until such time as the City determines that the road easement on which it is situated shall be opened. If the City then requires that the loading dock be removed. Developer shall do so at Developer's expense. Additional Screening: Developer agrees to provide such landscape screening and/or fence between the adjoining property and the Developer's property as the City may require. The City, in making its determination, will consider the views of the Developer and the adjoining landowners. Developer shall post a letter of credit, in a form acceptable to the City, in the amount of to ensure compliance with this requirement The screening plan required by the City will be shown as an Exhibit which shall be attached to this agreement as Exhibit B, and which will be enforceable consistent with Paragraph 9 of this Amendment 1 . Site Access: Site access remains unchanged from the Agreement. Building Design and Construction: Building design and construction of the greenhouse and relocated canopy in Amendment 1 shall be constructed according to the plans on file with the City of Orono. Height: The height of the greenhouse shall be 18 feet. The height of the canopy shall be feet. 9. Signs: The signs and signage shall not be changed from the requirements of the Agreement. 10. Compliance: The obligations of compliance in the Agreement are extended to include this Amendment 1. 11 . Binding Effect: The binding effect of the Agreement is extended to include this Amendment 1. 12. Notices: The notice provisions of the Agreement are extended to include this Amendment 1. Initials of Developer Initials of City Clerk Page 2 of 5 h 13. Tncoqioration bv Reference: The plans, specifications and contracts for the improvements in the Agreement and for this Amendment 1 are made part of this Amendment 1. 14. Disclaimer bv Citv: The Disclaimer in the Agreement is extended to this Amendment 1. 15. Hold Harmless and Indemnification: The Hold Harmless and Indemnification of the Agreement is extended to this Amendment 1 . 16. Remedy for Default: The Remedy for default in the Agreement is extended to this Amendment 1. 17. rontrolling Agreement: The terms ofthis Amendment 1 will first control its reading, and it shall be read together with the terms of the Agreement. These two documents shal 1 control to the extent that there is any difference or ambiguity between them and other agreements between the City and the Developer. Initials of Developer Initials of City Clerk Page 3 of 5 r IN WITNESS WHEREOF, the City and Developer have caused this agreement to be duly executed and to become effective on the day and year first above written. In Presence of:CITY OF ORONO BY: (Mayor) BY: (City Clerk) DEVELOPER Clifford L. Otten STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1998 by Gabriel Jabbour, Mayor, and Linda S. Vee, City Clerk, of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation. Notary Public Initials of Developer Initials of City Clerk Page 5 of 5 J ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 PLANNING COM^^SS10N COMMENTS - JANICE BERG, REPRESENTATIVE Planning Commission Chair Janice Berg had no comments. PUBLIC COMMENTS Jean Bredeson, owner of a small consulting business in Wayzata, would like to relocate her business from Wayzata to 850 Wayzata Blvd., Wayzata Christian Center. She questioned Council regarding the current CUP, and whether her business would qualify under the current CUP. Mayor Jabbour replied that the use of the facility is restricted to residential use, and that schools and churches are an allowed use. Mayor Jabbour also stated that there is no provision for a CUP for her business. ZONING ADMINISTRATOR’S REPORT (#4) #2383 GARY AND CHRISTINE VALERIUS, 3750 BAYSIDE ROAD - FINAL PLAT APPROVAL - RESOLUTION NO. 4156 Gary and Christine Valerius were present. Moved by Goetten, seconded by Peterson, to a adopt Resolution No. 4156 approving the final plat of Valerius Addition for Gary and Christine Valerius at 3750 Bayside Road. Vote: Ayes 5, nays 0. (#5) #2404 OTTEN BROTHERS NURSERY, 2350 WEST WAYZATA BLVD - COMMERCIAL SITE PLAN APPROVAL Cliff Otten was present. Van Zomeren reported that the request by the applicant is for a commercial site plan approval for construction of a greenhouse addition adjacent to the existing principal structure. Otten noted from Gaffron’s report that the "agreement is mute as to uses of Outlot C, hence the retaining wall/loading dock must be considered an amendment to the agreement". Otten suggested that if the agreement is mute as to Outlot C, it should be acceptable to put a retaining wall on it. Otten felt the loading dock is screened adequately from the neighboring properties. He also noted that the location of the loading dock is where they have been unloading the trucks for the past 8 years. Otten offered to sign an agreement with the City that when and if a road is constructed on Outlot C, he would remove the retaining wall. ORONO CITY COUNCIL MEETING MINUTES FOR SEPTEMBER 14,1998 (#5) #2404 OTTEN BROTHERS NURSERY, CONTINUED Kelley stated he is fme with the loading dock location. Mayor Jabbour asked Public Services Director Greg Gappa if the loading dock/retaining wall would be a problem when the City declares the road on Outlot C opened. Gappa stated the concern is the impact of having the loading dock closer to the residential area. Outlot C was dedicated for a future road and is currently serving as a buffer. Goetten noted during her site inspection that the location seemed logical for the loading dock. Gappa concurred with Goetten, but felt there may be zoning issues to look at. Mayor Jabbour stated Mr. Often came in to ask for a Commercial Site Plan Review only for the greenhouse, but the only thing discussed was the loading area which has existed for the past 8 years. Joel Walvatne, 710 Dickey Lake Drive, inquired about the screening between Outlot C and his property. He stated that his concern is that commercial use is getting closer to his property line. Mayor Jabbour replied that he had visited the property line and saw it to be of a thick matted green blanket of vegetation consisting of a variety of evergreens, small dogwoods and scrub bushes. Walvatne noted for the Council a letter dated April 24, 1990 from Cliff Oftehs attorney Robert Mitchell. He asked the City to review #7 of the letter, which stated "with Cliff giving you the land to the west of your site you are assured that there will be no commercial use next to your home and instead that the commercial use will all be to the south and across the frontage road, if it is built. Mayor Jabbour replied that his understanding of Mr. Mitchell's letter is that Mr. Often traded the triangular piece of property for Mr. Walvatne's piece (that section within Outlot C) ^uring that the triangular piece will not be commercial. Mr. Often is allowing the City to drive through his driveway, to get to the City Well located on Outlot B. If Often takes his loading dock and puts it in the comer of Lot 1, Block 1, he might end up forcing the City to open the road designated as Outlot C to be able to get to the City Well on Outlot B. No one will benefit from the City openmg this road. Kelley questioned the lot area coverage in the B-6 zone. Often replied the lot area coverage is 17 to 23%. Kelley questioned the lighting effect the greenhouse will have at night. Often replied the greenhouse is not a production greenhouse, it will be a sales greenhouse. ORONO CITY COUNCIL MELTING MINUTES FOR SEPTEMBER 14,1998 (#5) #2404 OTTEN BROTHERS NURSERY, CONTINUED Kelley questioned the screening issue along Dickey Lake Drive where the trucks are parked. Otten stated he reviewed the area that is visible from Dickey Lake Drive. After review, the area was cleaned up. When Otten talked with Mr. Pugh, his issue was more the back ends of the trucks. More plantings or a fence was discussed, but no conclusion was made. Otten stated he was not opposed to adding more screening along this area. Flint commented on his review of the property. The front of the property was very nice and inviting, but along Dickey Lake Drive it is not. Otten replied that he would plant another row of trees behind where the trucks are parked. Moved by Kelley, seconded by Goetten, to approve Application No. 2404, for a commercial site plan review and amendment to P.U.D. to allow the existing entrance monuments at the eastern entrance to remain, and to allow the loading dock to remain subject to an agreement that Otten Brothers Nursery will remove the retaining wall/loading dock without compensation if the road is constructed on Outlot C for the property located at 2350 West Wayzata Boulevard for Otten Brothers Nursery subject to the recommendations of the Planning Commission outlined in the report dated August 20, 1998, and with the following conditions: 1) no production greenhouse lighting; 2) Mr. Otten to work with City staff and the neighboring properties to determine additional screening to be provided by Mr. Otten. Vote: Ayes 5, Nays 0. The City Council also directed City staff to work with Mr. Otten regarding access to the City well (#6) #2406 GERALD & SANDRA ERICKSON, HAVING AN INTEREST IN 2683 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. 4157 Gerald and Sandra Erickson were present. Weinberger reported the applicants are proposing to remove the existing house and rebuild a new home with the intent to keep the existing boat house. Originally the applicants proposed to exceed the lot coverage and hardcover within the 75-250' of the lakeshore. Upon the Planning Commission recommendation that they could build a principal structure on the lot without requiring any variances, the applicants have revised their plan slightly. The applicants met with staff and submitted a new plan that nearly meets the requirements of the zoning code. The newly submitted plan has hardcover at about 26%. ‘M . r Patrick Pugh 725 Dickey Lake Drive Orono. MN 55356 612-449-6054 October 6, 1998 Rli: Olten Brothers Nursery Greenhouse Addition QC1 0 5 Or OHONO Gabriel Jabbour-Mayor City of Orono P.O. Box 66 Crystal Bay. MN 55323 Dear Mr. Jabbour: On August 17, 1998,1 sent a letter to Elizabeth Van Zomeren expressing my concerns about Otten’s latest plans for expansion and the inadequacy of Otten's present facilities from my perspective regarding both noise and business operations screening. As indicated in a “Request for Council Action ” dated August 20, 1998, the council requested on item 6., page 4, that “Applicant to meet with neighbors and establish an enhanced screening plan for Council review and approval; such plan to potentially include additional tree plants, fencing, and/or materials storage screening.” The Council was then to direct the City Attorney to draft documentation to amend the PUD Agreement, as a condition of tlie proposed construction. That is the last correspondence I've had on the matter. Subsequently, 1 have met with Mr. Cliff Oticn twice concerning screening. The first meeting concluded with an agreement to provide me with options including fencing and ''•.her screening of the motor pool and landscape operating area. The second, very unsatisfactory meeting, t • ncluded with Otten reneging on any agreement to provide adequate screening for the motor pool, something he •’ad initially, promised to /.’rmer residents, at an initial planning commission meeting, August 21, 19 - ‘ 'n our meeting, initiated by Wc • on October 6, Otten stated his only attempt at screening would be a 30' or 40' six foot fence hiding <-'>ne planter pots. Additionally, he suggested that if 1 wanted to shield my property from his landscaping operation, to plant a hedge along Dickey Lake Drive. 1 told him that suggestion had no merit after which he accused me of trying to run or ruin his operation, neither of which, 1 think a reasonable person would have suggested. The meeting canie to a close with Otten saying he would build a fence to cover some planting pots and other landscaping materials but tliat was all he was prepared to do. Since. Otten has decided to be unreasonable in my opnion. 1 am writing this letter to you and the Cit)’ Council in an effort to outline my grievances in tlie hope you can either mediate or arbitrate the matter. Those grievances are as follows: 1. Promised screening in front of Otten’s motor pool is inadequate after ten years of growth. 2. Otten's materials storage is in plain sight of the Dickey Lake Drive, directly across from both my properties. 3. Otten’s landscaping operations utilize both heavy loading equipment and larger trucks in those landscaping operations creating an enormous amount of disturbance from engine noise, backup waniing Gabriel Jabbour-Mayor RE: Ollcn Brolhers Nursery Greenhouse Addilion Page 2 October 6, 1998 beepers and dropping tailgates. This noise can begin as early as 5:00 AM, continue throughout the day and last until after 9:00 PM. 4. Otten’s paging system is a series of loudspeakers which, obviously, project noise outside of Otten’s property and continue throughout business hours. In short, it appears as a condition of Otten’s business operations, 1 am required to have a materials dump and motor pool in plain sight of my property and suffer the noise of both Otten’s retail and landscaping operations. Frankly, 1 can’t believe the planning commission would have approved Otten’s landscaping operations, particularly with regard to its current magnitude and within the city limits, had they understood what those operations entailed. Had I known, I can tell you 1 would not have bought the property. However, what’s done is done. My interest, now, involves the mitigation of Otten’s business effect on my peace of mind and property value. 1 have been willing to compromise toward that goal. However, my patience is wearing thin and depending on my time, temper and resources, this matter will be settled with your intercession or by the court. Hopefully, you and the City Council can come up with an appropriate remedy to the situation which will satisfy both Ottens and myself and spare us all from further attention to the matter. Certainly, 1 would consider any addition to the scope of Otten’s operations on the present site, at this point in time, to be ill advised. I am at your disposal to discuss the matter in person. Sincetely,>.— Patrick Pugh cc: Otten Brothers Nursery COUWCIL OCT 1 2 1998 REQUEST FOR COUNCIL ACTION crn'crcR'/^ij DATE: 10/9/98 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Assistant Zoning Administrator Item Description:#2418 Robert Lund on behalf of Graydon and Michelle Newman 1655 Bohn's Point Road Variances--Public Hearing Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:70,881 square feet (1.62 acres) The City Council voted 5 to 0 to deny the variances requested by Robert Lund on behalf of Graydon and Michelle Newman, 1655 Bohns Point Road, to allow an average lakeshore setback variance for a pool structure and an average lakeshore setback for a 30' tower to be constructed on the lakeside of the home for a first floor open porch with office space above. The applicant also intended to receive a hardcover variance to allow 11,605 s.f. of coverage in the 75-250’ lakeshore setback. Mr. Lund x^-ill be present at the October 12, 1998 City Council meeting to request clarification of the action taken on September 28, 1998 to deny his request on behalf of Graydon and Michelle Nevraian. He has submitted several exhibits that are attached to this memo for discussion on Monday night. 2. A residence existed on the lot at the time the City Council granted a hardcover variance on July 28, 1997 (DWG-1). The City Council granted a variance for hardcover to not exceed 11,603.5 s.f. (26.7%) meeting the conditions that were legally existing on the property prior to removal of the proposed residence. The City Council granted variances on July 28, 1997 to allow the residence to encroach into the average lakeshore setback, and to allow 11,606 s.f. (26.7%) of hardcover in the 75-250' lakeshore setback where 10,850 s.f. (25%) is allowed and 11,606 s.f. (26.7%) existed at the time of application. Approval was in accordance with the survey and site plan submitted with Zoning Application #2265 on file with the City of Orono Department of Building and Zoning, dated February 12 1996 (DWG-2). 3. City Staff approved a site plan change to allow a smaller footprint to be located farther from the lakeshore and issued a building permit on July 15, 1998. Staff determined that the revised plan met the intent of die City Council approval. The new house plan removed a smaller tower structure, and a gazebo with outdoor walkway. The home location was turned slightly to face the lake more directly (Building Permit Approval - Plan A). 5. The request considered at the September 28,1998 meeting would include adding the tower that was removed from the plan at the time the building permit was issued and adding a swimming pool that would require hardcover and average lakeshore setback variances (DWG-3). The applicants are allowed the hardcover granted by variance on July 28,1997 (amended 7/15/98) to allow the building envelope and site plan previously approved because a building permit was issued before the variances expired. The building permit is valid until July 15,1999. Application: The applicants had proposed to construct an addition to the residence with c pool terrace on the property meeting all yard requirements. The house would be located 9T from the lakeshore, encroaching 88' into the average laJ>.: hore setback. The edge of the pool terrace would be located 114' from the lakeshore, encu/c^rvv;.i^ -i-V into the average lakeshore setback. A variance is required from the average lakeshore setback to allow for these structures. The property is located on a point causing the average lakeshore setback distance to be pushed back on the lot. This application required the following variances: 1 . Average Lakeshore Setback. The house would encroach 88' into the Average Lakeshore Setback and the pool terrace would encroach 44' into the Average Lakeshore Setback. 2. Hardcover within the 75-250' lakeshore setback. Last year the applicant received a variance to allow 26.7% hardcover. They have presented a revised plan with the same amount of hardcover that was approved last year. They also plan to remove a play house that is located within a required side yard setback. COUNCIL ACTION REQUESTED: To approve or amend the enclosed denial resolution, ATTACHMENTS A. Denial Resolution B. DWG-1 - Site Plan before demolition C. DWG-2 - Approved Site Plan (July 28,1998) D. Plan A - Building Permit Approved Site Plan (July 15,1998) E. DWG-3 - Proposed Site Plan - Zoning Application #2418 - Denied September 28,1998 F. Proposed Dwelling Photo G. Elevation Plans (1997 Approval - 1998 Denial) H. Elevation Plans for proposed structure I. 1997 Tower Footprint J. 1998 Tower Footprint K. Driveway Turning Radius Study L. Site Hardcover M. Property Photos 4 ^ A RESOLUTION DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B); SECTION 10.56, SUBDIVISION 16 (C) (6); SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L) (2) FILE #2418 WHEREAS, Graydon Newman and Michelle Newman (hereinafter "the applicants") are owners of the property located at 1655 Bohns Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 6, Block 1, Auditor ’s Subdivision No. 349, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 21, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to allow the construction of an addition encroaching 88' into the average lakeshore setback and a pool to encroach 44' into the average lakeshore setback where no encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 11,605 s.f. (26.7%) hardcover in the 75-250' lakeshore setback area where 10,850 s.f. (25%) is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 4 1. 2. 3. 4. 5. 6. FINDINGS This application was reviewed as Zoning File #2418. The property is located in the LR-IB, One Family Lakeshore Residential Zoning District. The City Council granted variances on July 28, 1997 to allow the residence to encroach into the average lakeshore setback, and to allow 11,606 s.f. (26.7%) of hardcover in the 75-250' lakeshore setback where 10,850 s.f. (25%) is allowed and 11,606 s.f. (26.7%) existed at the time of application. Approval was in accordemce with the survey and site plan submitted with Zoning Application #2265 on file with the City of Orono Department of Building and Zoning, dated February 12, 1996. A residence existed on the lot at the time the City Council granted a hardcover variance on July 28, 1997. The City Council granted a variance for hardcover to not exceed 11,603.5 s.f. (26.7%) meeting the conditions that were legally existing on the property prior to removal of the proposed residence. City Staff approved a site plan change to allow a smaller footprint to be located farther from the lakeshore and issued a building permit on July 15, 1998. Staff determined that the revised plan met the intent of the City Council approval. The City Council finds that the conditions existing on this property have changed since the original house has been removed. The approval to allow 26.7% hardcover was granted due to 26.7% hardcover existing on the property at the time of application. The conditions that existed at the time the hardcover variances were granted have changed. Subsiquently, the home has been removed and the new foundation and a portion of the first level of the new residence are complete. The request for additional hardcover on August 19, 1998 occurred following the removal of the preexisting house. The applicants are allowed the hardcover granted by variance on July 28, 1997 (amended 7/15/98) to allow the building envelope and site plan previously approved because a building permit was issued before the variances expired. The building permit is valid until July 15, 1999. Page 2 of 4 8. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (C) (6) to dlow the construction of an addition encroaching 88' into the average lEikeshore setback and a pool to encroach 44' into the average lakeshore setback where no encroachment is normally allowed; and Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to allow 11,605 (26.7%) hardcover in the 75-250' lakeshore setback area where 10,850 (25%) is normally allowed. Adopted by the Orono City Council on this 28th day of September, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 28th day of September, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 r { STATE OF MINNESOTA ) COUNTY OF HENNEPIN ss. ) On this day of , 199 ___, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) 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 Vv % % I % ^ • IV 'U./ ■''.F<V«1 :r'>^ ,*Jji.kA''»v. •h;BStki ^ ' - \ \ N N. « >••(/*J \ ; j.__ s* \ V- r--i^ •, . 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TO ■■■ • 3oro •0 » I - - IM iilifc m m >•K A •• .1i'..ij.- r. m ml •M I -0 ^ 2 o t, '• ► ni»nian' niuM ti) il l? . I'l ri IImiwmf rTT ilM! 11 IXJllU •fl 1-ill' IIiLu;i jf 11(1 ilJ!i!r.lt ■.|,. V- iiWiiiHiliilil UUUllr.-^ y. i^i I *>« • *iItrr •O 5T ^ ^ p % r- tv i 0 N vA•• vn vH si % oi 0 ;d ^ ^O' J v>> ^ / / / / 4 / i \ V N \ v>l X 'i. A , ., A \ * ‘a' 'V ..V \ / .. / '■' ■'///.*/ ^ / #i tf \ \ / / 4 ■ I M ▼ / / / / I \ \ \ October 6,1998 MlOl^ '.. * vMr .i- 1 _» ' +■■ j|^ >- »• ^ ^ *^r/* • % 2 • \ ■'■ ■'"Hi »' ^-^5|-•<«r •. « ^ ' P ^ .'■'V^ - 3 4 , ■ ‘ • * r->;. ^ II wtW *^ *• * - • T ^ •• ^ 4n^ • * ^:;. * I '% • * *.. * ft _«A iilJt__ljrf^_fcliJL.___Se___5j 'u.4^'^\! *« v“% i0f^ .j>^ / ! HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’250-500*500-1000* A. House X ss 71 90 S.F. Playhouse Length WidUl X mmt 1 1 7 S.F. X s S.F. X 8 S.F. B. Garage X S.F. C. Driveway X Sfiqn S.F. X 8 S.F. D. Sidewalk • 9Qn ^nnHoY-—1 f«)S.F. to lak^^)8 IRfi S.F. E. Patio/Deck 7.7n X - .S.F. n A ^8 1 404 S.F. F. Landscape attached deck X mtm S.F. Underlain X zs S.F. By Plastic X 8 S.F. G. Other Q n R1 nr*V 8 234 S.F. 144 stoops @ front & brick wall TOTAL HAimCOVER IN ZONE 11.606 S.F. TOTAL PROPERTY AREA IN ZONE -43.400 S.F. A B m.nnn X 100 8 26.7 % PROPOSED HARDCOVER IN ZONE A. House X 6484 S.F. Playhouse Length Width X 8 112 S.F. X 8 S.F. X 8 S.F. B. Garage X ■ -S.F. C. Driveway X ,440S S.F. X 8 S.F. D. Sidewalk lakA X 8 1 no S.F. X 8 S.F. E. Patio/Deck PaQ X 210 S.F. Pprnnia q X 8 S.F. F. Landscape - WA 1 1 Q • X 8 1 70 . R S.F. Underlain Pi ADf-pk-r X 8 S.F. By Plastic X 8 S.F. G. Other Ha y.f^hn X 8 1 ^7 S.F. TOTAL HARDCOVER IN ZONE 11,603.5 S.F. TOTAL PROPERTY AREA IN ZONE -S.F. A 14x603^5 B 43,400-X 100 =-----2^^----% \ A B A B HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75’75-250’250-500’500-1000’ EXISTING HARDCOVER IN ZONE A. House Length Width X X X B. Garage C. Driveway X X D. Sidewalk . )»jryp-<2- E. Patio/Dcck x F. Landscape _____________ x Underlain _____________ x By Plastic G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE I\<rnn&D -i- B 4-‘g>4tOg> X 100 PROPOSED HARDCOVER IN ZONE A. House X Length Width X X X B. Garage C. Driveway ir^L.Otp'E^p INI HOU'5^ -$«a.■Fcc?rA<S5»e- X X D. Sidewalk c>A\ypry.c. -yr-^ I _____ X X E. Patio/Deck X X F. Landscape v\JAir^«^i Underlain t=^i>>.MTKTg«^ By Plastic _____________ X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE L \r^n't^.<=r + B A"^-ACSO X 100 *S.F. 1 1 ^S.F. s S.F. s S.F. •g S.F. ss S.F. s • •S.F. S.F. =S.F. 55 S.F. =1-4/04-S.F. S.F. s S.F. =S.F. - -S.F. 1 1 S.F. •S.F. =:% •• S.F. 1 S.F. s S.F. s S.F. S.F. ss S.F. s S.F. rs \GC?S.F. 8 S.F. 8 S.F. 8 42./.^S.F. S.F. 8 lO^S.F. 8 S.F. «IW S.F. 1 S.F, m S.F. 2/;,. 7- A B A B 7^ ■ I HARDCOVER CALCULATION WORKSHEET SETB/ CK ZONE: (CIRCLE ONE) 0-75'75-250'250-500'500-1000' EXISTING HARDCOVER IN ZONT*. A. House ' *. • X Playhouse -------- ■Width B. Garage inc. w/house • • C. Driveway ________ • m D. Sidewalk 2Mlimd£r_trelli«) 96 fwalk t.g> lake)( E. Patio/Deck 720 fdeckl x 684 (patio & x attached deck) F. Landscape___________^' . . x Underlain ___ x By Plastic _______ x G. Other 90(block retaining wall) 144(stoop 9 fron^ brick wall) TOTAL HARDCOVER IN ZONE TOTAL PROPER FY AREA IN ZONE 11.606 + B 43,400 X 100 PROPOSED HARnroVKR TN ZONE A. House _____________ X Length Width B. Garage inc, w/house C. Driveway D. Sidewalk 96.5 E. Patio/Deck 24 (pergola) F. Landscape 30 (ret, wall) x Underlain _____________ x By Plastic _____________ x 3210 112 5690 1404 234 1 1 r d-^ ^ dnn ^6.7 5922 . 30 S.F. S.F. S.F. S.F. S.F. 4473.5 ^S.F. ___S.F. 96.5 S.F. } G. Other Pool & deck X TOTr'sL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 11,605 B 43,400 X 100 1059 11.605 "5^ S.F. •^1um%:wm*m f * ■ ■ ■>y — ~" A •'^±s^L:=:*^rsss=s.T. w ea S!irt\i;;»is9|K!?»|!S^B!=li!'l .0<9 «izii553tt^^gCK '''■'«' "''’I "'!J!!S2 i wm% i^ ^ ■--«*——— IB • 4<i jr. .'.r' ■ . :•> ~~'i—.J‘.l - & - *srT—j HJ 1 • X^S~V I '. 4-iita ‘j— .. >.; i > ♦ ^ *4 # Mr—* ■ ^WlMP^PipH <T«*‘ =^?3aB.riA' ' •.* 8. ..JXrtt 'ry,!! *trnis4^t!'!!?! t--—-±rz.±' ■ fcT dtri ! ■ *- •—-W1* —«-r t .-I \cr:i ^:-"rV v-.-U'> ■■ ,i;ij^ ' - ■ t i-i, k.l k.-J V tb ':y; / ^ •—*1 3SRD»D \ - ^ •• \ i\ -p &07 »> IE OCNCHAU NOTCS Typ« and tizfs iliown art for easy driving at moderate rate. Set page on car s>iei for turnir»g radi> of cars. ’*R” ■ This radius Overall sues art shown m urms of radn for preliminary assumptions Any decrease in radn will decrease speed of driving PUBLIC POAO TWO CAP WIOC POAO ONE CAP WIC / '^OAO OIAOONAL entrance PRIVATE ENTRANCE ROADS INTERSECTING PUBLIC THOROUGHFARES •calx : r•Ao•-o" NO LANOINO-CROSOOVER LAnaOiNO MAV BE MAO BV BACKINO ONLV Construction point locations arc found by ir ing solid arrows: dotted arrows are radii fro points for curvei LANOINO on bide LATvOruo AT TmC CNO BV BACKIMO OTMLV •CA«x: r ■ Ao*»o* m¥- COUNCIL f/E£Ti;; Application Date: 8/19/98 Completion Date: 8/19/98 60 Day Deadline: 10/18/98 OCT 12-1998 cmroFORONo REQUEST FOR COUNCIL ACTION DATE: 10/9/98 ITEM NO.: Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2420 Robert C. Ryan Jr. 3535 Christine Drive Denial Resolution Application: The applicant had proposed to construct a 90' wind tower as an additional source for electricity to serve 'lis property. At your last meeting on September 28,1998 you voted 5 to 0 to deny the Ryan's variance request, and directed staff to draft a denial resolution. Attached is a copy of the denial resolution. This application required the following variances: 1. Structure height to exceed 30'. The applicant has requested a 90' wind tower, exceeding the allowed height by 60 feet. COUNCIL ACTION REQUESTED To adopt or amend the enclosed denial resolution. 1 r A RESOLUTION DENTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (A) FILE #2420 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, Robert Ryan (hereinafter "the applicant") is owner of the property located at 3535 Christine Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 1, Betz Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono and Planning Codes, the Orono Planning Commission held a public hearing on September 21, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City of Orono for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (A) to permit the construction of a 90’ wind tower for the purposes of producing electricity; and WHEREAS, the City Council has reviewed the application, the recommendations of the City staff and the Planning Commission, and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono. Minnesota hereby denies the requested variance as described above based on one or more of the following findings of fact concerning this property: FINDINGS 1. This application was reviewed as Zoning File #2420. Page 1 of 3 r 2. The property is located in the RR-IB Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of 1.62 acres or 70,881 s.f. 3. The Planning Commission reviewed this application on September 21, 1998 and recommended denial on a vote of 6 to 0. 4.The use is prohibited in the Zoning District. The wind tower would require a Zoning Code Amendment to allow wind structures as an accessory use. 5. 6. The use and structure would be inconsistent with the development of the area. Neighboring property owners located at 3505 Christine Drive and 60 Stubbs Bay Road are opposed to the granting of the variance. 7.The fact that the property has been subject to electrical power outages would not constitute an undue hardship as power outages are not unique to the applicant s property, because they affect large areas. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (A) for constniction of a 90’ wind tower to be located on the property. Adopted by the City Council of the City of Orono on this 12th day of October, 1998. ATTEST; Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 2 of 3 m STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of October, 1998 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Ihiblic 4 Page 3 of 3 r REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Michael P. Gafiron , Title: Senior Planning Coordinator C JU.NGIL r/E£TI!\!Q OCT 1 2 1998 CiTYCFGRONO Date: October 9,1998 Item No,7 Agenda Section: Zoning Item Description: Dan Regan, 3410 North Shore Drive - Request to Allow Driveway Access to Outlot A'Tonkawa Shores" - Appeal of Administrative Action Lbt of Exhibits A - Notice Mailed to Neighboring Property Owners B - Sketch C - Agreement Proposed by Render & Regan D - Sketch of Revised Proposed Road E - Memo and Exhibits of September 25, 1998 Dan Regan of 3410 North Shore Drive appeared before Council on September 28 requesting approval to construct a primary driveway access from his proposed attached garage to the 16' private road approved for Jim Render’s 3-lot "Tonkawa Shores" subuivision. This would result in a 4th user of that road, and staff denied this access on the basis that Render's road had been allowed at a substandard width since it would only serve 3 users, and that Regan already had access onto North Shore Drive. Council suggested that Regan and Render devise a proposal for increasing the width of Render’s road to accomodate a 4th user, recognizing that the road plan as approved appears to limit Regan's (and his neighbors') ability to continue their occasional use of the old 16' easement. Staff met with Regan, Render and Regan's builder (Sawhorse Builders) on October 2, and it appears a reasonable solution is being proposed: 1. Render will widen the road to 20'. 2. Regan will pay the added cost to widen it from 16' to 20'. 3. Regan will pay 1/4 of the ongoing cost to maintain the road. 4. If additional users (3400 and 3420 North Shore are the primary candidates) are permitted to access the road in the future, Regan would be proportionately reimbursed by them for his initial costs, and they would then share in the maintenance. This proposal requires the Tity to agree to a number of things: 1.That a 20’ road, rather than the 24’ required by code, is acceptable tStaff recommendation: 20' is a good compromise, in that it provides added area for parking and passing for this very r 3. 4. 34 1 0 North Shore Drive - Access Issue October 9, 1998 Page 2 short (250’) section of private road, while remaining at a relatively narrow width that is less likely to draw unwanted traffic, and that is still relatively unobtrusive for the neighborhood.) 2. That a reorientation of the 'hammerhead' turnaround as proposed is acceptable (Staff rSCQnUTlffldfltion* The 'T* hammerhead as revised should provide similar access for emergency vehicles as the original proposal, as long as it meets curve radius standards.) That it is reasonable for Regan to have his primary access to Tonkawa Road rather than North Shore Drive (Staff recomm endation: Since North Shore Drive has significantly more traffic, changing Regan's primary access to Tonkawa should be a positive step from a safety standpoint. Staff would then recommend that Regan's North Shore Drive access be removed). That a 20' private road as proposed with a hammerhead turnaround could reasonably serve as many as 6 potential primary users (Staff recommendation: We are pushing the limit for needing a cul-de-sac, but it is true that 4 of the 6 lots which ultimately would use the private road also abut a County road, hence firefighting equipment would likely set up in the County road. This unique configuration differentiates this proposal from many others we may be faced with.) This week the owner of 3400 North Shore stopped in to see if he could get a building permit for a detached garage accessing to Render's road. He was advised to attend Monday's meeting. Staff Recommendation The proposed paved width increase from 16 ’ to 20’, with the revised T tumaio’inJ, is a reasonable compromise that in this specific case should provide adequate access for up to 6 homes while having minimal impact on the neighborhood. If approved. Render may wish to amend his subdivision covenants to incorporate or reference the proposed agreemen;. As an aside, note that as a result of the private road outlot creation, 3400/3410/3420 North Shore Drive have become 'through lots' which require a CUP for any detached accessory buildings. Staff recommends approval of the proposal subject to: 1 . Paved width of private road shall be increased to 20'. 2. Render to provide a revised road plan detailing 20' width and revisedT turnaround. 3. Regan shall eliminate the driveway access to North Shore Drive upon opening of the access to Render's private road. COUNCIL ACTION REQUESTED Motion to allow Dan Regan of 3410 North Shore Drive to create a driveway access to Render’s private road in Outlot A, Tonkawa Shores per conditions 1-3 above. A CITY OF ORONO 2750 KeUcy Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (612)473-7357 Fax 473-0510 NOTICE The City Council at its regular meeting on Monday, October 12,1998 in the Council Chambers at 2780 Kelley Parkway will consider the request by Dan Regan of 3410 North Shore Drive that he be allowed to construct a driveway accessing Tonkawa Road via the private road to be constructed in Outlot A, Tonkawa Shores. Tonkawa Shores is the 3-lot subdivision approved for James Render on the former Putnam property at 1365 Tonkawa Road. The addition of this driveway access potentially will require a change in the nature (width, length, layout) of the 16’ private road that was approved for Tonkawa Shores. The City Council has directed that neighboring property owners be advised of this meeting and allowed to comment on the proposal. The meeting begins at 7:00 p.m. All persons wishing to be heard will appear at this time. Written comments are solicited. A sketch of the proposed driveway access is attached to this notice. City of Orono By: City Council 3S 1 II -------! ■ 1II » - JJl ^ >i_ __6125332668 SAWHORSE DESIGrJEPS F-226 T-S63 P-002 ,w/L OCT 07 ’93 16:43 C /O-f'fS Since 1977 &^SIGNERS & BUILDERS Mn. 2382 October 5,1998 Given that Renders’ finr' road design makes it difficult for Regan (and/'or other neighbors who abut the old 16 ’ easement) to access Tonkawa without trespassing on Renders’ road. Render agrees to grant the existing easement beneficiaries die liglit to use his road as they have in the past. In consideration for Render granting such access to Regan (a 4 ’’’ user), Regan agrce.s to bear the cost of widening Renders road from 16 ’ to 20’. Regan also agrees to bear a proportionate cost of maintaining die 20’ road equal to the cost of maintaining the road divided equally by the number of properties using the road (4 users, V* of the cost). It is agreed that any additional users permitted access to Renders road in addition to Regan, reimburbC Regan for a portion of hU costs incurred in widening the road from 16 ’ to 20’. The reimbursement is to be calculated by dividing the cost of widening the road plu-s interest of 10% per annum by the number of additional users including Regan (1* additional user after Regan, '/z of the cost plus interest, addiuonal user 1/3 of the cost plus intere.st). Additional users shall also share equally in the costs of maintaining the road. Pan Regan Date Jim Render Date 4740 42 “’' Avenue North Robbinsdalc, MN 55422 612-533-0352 Fax 533-2668 www.6awhorseu8a.com St Paul 651-439-3343 239 East Lake Street Wa>"zata,MN 55391 612-475-4477 Fax 475-4474 >:43 LAKE MINNETONKANORTH ARMWot«r •tavotion on 1/23/98 wo* 928.22 ft, NCVO-1929 V«^t known wotor •Uvoti^ of L*« ftT NGVO—1929, occordkig to th« MN. Dopt of Notvra K*»oir B«Khm<rk is o eWsrtsd -X" at NW cor^ of pumphouM ot Croy* * Boy Dam; sisvotion is 932.87 ft, NGVD—1929 •Sfi-ferCH £>P s»o*;sift*'* r y w-.....’/K 99 ^08- oV. s o w* ( \ o / v_./ ^ “95.00 o .......H VA »?;♦? _ - i Jj •• '^Vf'<3if?aae, w easement [*•.- ' S^3?58'00" E *•. ••TT w'/ / OU -A* r •V N 57«02'00" E 294.43 o I74 •••..y\ 8 I REQUEST FOR COUNCIL ACTION / / / 1 1 r 1 ^ Date: September 25,1998 Item No.: /5^ Department Approval: Administrator Approval: Name: Michael P. Gaffron '■^|> <_) Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: Dan Regan, 3410 North Shore Drive - Access Issue - Appeal of Administrative Decision to Deny a Second Curb Cut List of Exhibits A - Regan Proposed Site Plan B - Plat Map w/Topography C - Render Survey: Existing Putnam Driveway D - Render Private Road Design E - 1963 Sewer As-Built Map F - 1955 16' Easement Documentation Summary of Issue StafThas denied an access to Outlot A, Tonkawa Shores (Jim Render's subdivision) for a new garage proposed by Dan Regan of 3410 North Shore Drive, on the basis that 1) Regan already has access to North Shore Drive; and 2) Render's private road will be substandard and was intended as a driveway to serve only his 3 proposed homes. A number of additional factors identified below make this a somewhat complex issue. Background Mr. Regan has applied for a building permit to make improvements to his property, including window replacement, construction of a deck addition, and construction of an attached 2-stall garage. The proposed work meets all setback and hardcover requirements, and staff is prepared to issue a building permit. However, we delayed issuance of that permit based on Mr. Regan's proposal to construct a second driveway access. Regan already has a driveway accessing North Shore Drive, but has no garage served by that driveway. He does have an old detached garage (to be removed) at the north end of the property, which does not have an improved driveway. Regan's access to this old garage has been via Render's (formerly Putnam's) existing driveway. • 5 ♦ Wf Regan Access Issue September 25, 1998 Page 2 During the review of Render's subdivision staff was unaware that Regan's old garage was being accessed via Render's driveway; it was not obvious to staff that this use even existed. However, Regan indicates it is accessed regularly and often from Render's driveway, Regan currently cannot use the North Shore Drive driveway to access the back of his property because of a deck existing in the 15' space between his house and the e.ist lot Hue. A new driveway proposed to serve Regan's propi>..r.d attached garage would access to the 16' "easement for roadway purposes" centered on the common lot line between the Regan and Render properties. Public Services Director Greg Gappa and I concluded that Regan's proposed new driveway would functionally be a second curb cut, which requires City approval. Greg and I also concluded that the curb cut should be denied because it would make use of Render's private driveway which was approved by Council at a substandard paved width of 16' on the basis that it would serve just 3 homes. Adding Regan's new use as the primary access for a 4th home suggests the potential need to make Render’s driveway more substantial than 16'. It is also apparent now that the property owner west of Regan has historically had a secondary driveway access from this old easement. Render was unaware that Regan intended to make this change in use, and it appears that Rende-’^'s road is designed such that Regan would have to travel outside the old 16' easement, trespassing on Render's property, to make use of Render's new road. A few additional points: • Regan feels he has a right to access to Tonkawa via the 16' easement, and that Render should not be allowed to build a road that would deprive Regan of this access. • Render was apparently not anticipating Regan being a 4th primary user of Render's new private road; this begs the question of who should bear the costs of upgrading it to a standard acceptable to the City for 4 (or more?) units. • Staff is concerned that the Council approved Render's road at 16' without knowing that there would be a 4th user (or more users if additional neighbors make use of the easement). If Council had had this knowledge, the approval might well have had different conditions, such as a wider road, or making it a public road, or requiring the cul-de-sac, Oi? It is unfortunate that these issues were not uncovered during the subdivision review process. TTie extent of the neighbcrhood's historic use of the 16' easement was not at all obvious to staff or to Render, and the survey work as well as City topo maps used during the review did not suggest such use. Staff had no information suggesting that Putnam had maintained the driveway for use by his neighbors. The area in front of Regan's garage is maintained as grass lawn, and the driveway leading to his westerly neighbor is overgrown. Regan Access Issue September 25, 1998 Page 3 Issues to be Resolved 1. Should Regan be allowed to have his primary access to Tonkawa Road, via Render’s private road? 2. If so, should Regan's North Shore Drive access be removed? 3. If Regan's primary access will be to Render's private road, should that road be constructed wider than the 16' width approved with the subdivision? Staff Recommendation 1. Giver that Render's final road design makes it difficult for Regan (or other neighbors who abut the old 16’ easement) to access Tonkawa without trespassing on Render's private road, Render should grant the existing easement beneficiaries the right to use his road as they have in, -thg-pasT 2. Regan should be allowed to access Tonkawa via Render's road, subject to: Si Render's road being widened to accomodate this 4th user: and hi Regan's North Shore Drive access being discontinued. 3. The City's paved width standard for a private road serving 3-6 units is 24'. Render's road was approved at 16' in order to minimize impacts of the road on the neighborhood, as well as to limit its potential use by Maxwell Bay Access users. Widening the road to 20' could likely be accomplished within Render's platied outlot, would have little added impact on the neighborhood, could still be perceived by the public as a private driveway, and would provide added width to better serve a 4th or 5th user. Staff recommends that the road be widened to 20'. Other Options? Assuming Regan has a right to access Tonkawa via the old 16' easement. Render should either accept Regan's trespass outside the old 16' easement, or re-design his toad further south so Regan can use it without trespassing. Or, Render could move his road north, leaving enough room within the old 16' easement so that Regan and other users can create their own new driveway parallel to Render's. Optionally, the City could exercise its underlying road easement, making this a City road. None of these alternatives are likely to be acceptable to all parties. COUNCIL ACTION REQUESTED Give staff and the property owners direction as to whether the staff recommended solution to this problem is acceptable to Council. 6125332668 SAWHORSE DESIGNERS F-622 T-5S0 P-002 SEP 14 '93 10:20 K)a. z 73 2r27 5‘ SL i ID -1^ f j eo C^. to Wl t 0 \j% K> 1 On R ^-r1 -o%y /' N, \ I0.96.sc S 69xez M nOO .96.ZC N dio»QVOd VMV>!NOi (S£L ’ON Qd ‘OO) 0 \ . r V-V 5I ?l I 10 Oi Sk 5 » It > ^ ^1? ?a fa « |5 I U ^r?II, iS i {5 I ^ zzm ■* i go > T s S8T6L 3-«00',8So2£ S' _czr “rrrrr=:— -------------------------------------- p>f 5i! I 4 rr-rr-rtar? 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(15)« Lyul«rd*c Pari*, Jijij*jtcv.ir •! ••Mi'.neaotf*, closeribart aa followat Bo^ir.ninQ at a p-oinc <r r.« it.-utlwcat line of saiu Let 15, 255 foot MorthwoatorJy oX the ’.lint ol Ixiterrection of tba Juuthweat line of said Lot 15 and the vase i:r.o »’;'i».'r. on ciio plat of said Lytiiard^o Park; thence hortkeaot at rlQht ar.^jor with tie Jouthwest line of said Lot 15, 125 feet; thence Horth» i>arallel wxtii the Southwest line of said Lot 15, to ths shore of Liiko IlinnetonVa; thence Southwesterly along said shore to the Southwess line ii said Lot 15; then'ce Southeast to the point of boginAing* to ar.M ineluiUng an eanceent, which easeaent is described as foMows: i. strip of land 16 feet wide across Lets 13, 14, and 15, l.y«:iaid*Q Porf, lionnepin County, Kinnesota, the centerline of v>? ich is dencribot! an follows: Heginning at a point oh the Southwest line o. a., id Lot IS, 225 feet Northwest of the point of intersection qf the woathwest lire of Lot 15 and tho base line shown on the plat of caic Lytiiard'r l-arh; thence Northeast at right an.jlos with’the Southwest line nv said l.ot 15, to the Ilortheaut lino of saiu Lot 13 and there ter'r.i**ot ing« . ^ • # r- iH ea»e;.te*nt shall bo for roadway pjiposes, both of ingress and egress over. t..e sa:r.e an-J shall run with the land and be binding upor tho l.elrr, executors, adcinistrators and assigns of the parties ef the first part hereto, and upon the parties of tl^p second part, the. surwlvor. thereof and* the heirr and -0.08 igns of the survivor* • .. . ^ ..ceofdinri to the nop or plat thereof on ftle and el recerd in the office o.‘ the Register ef Deeds, in and fer dennepint County, Minnesete* m>reoFM»it«»w».couiiTYyMn«»«i ^3 COUNCIL r i REQUEST FOR COUNCIL ACTION OCT 1 2 199 CITY cr ORONO Date: October 8,1998 Item No• • Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: Revised Version - Plumbing In Accessory Buildings Ordinance - Adoption List of Exhibits A - Revised Ordinance for Adoption B - Memo & Selected Exhibits of September 24,1998 C - Draft Covenant for Limited Wastewater Plumbing On September 28 Council tabled discussion of the 'Plumbing in Accessory Buildings' ordinance after directing staff to consider a number of revisions. The primary revisions discussed were: 1.Limit applicability of the ordinance (or at least the toilet/tub/shower CUP provisions) to properties of 2 acres in area or larger, regardless of the zoning district; 2. Limit applicability to structures that are conforming in location. Exhibit A is a revised ordinance draft that incorporates the above revisions. The wording and order of sentences has been slightly revised to be more 'user friendly'. Staff was concerned that a provision strictly limiting applicability to only those properties 2.0 acres or larger, would be in conflict with the City's ordinance that allows Council to grsuit a guest house CUP for a property that meets the 'double the zoning district minimum lot area' requirement. For instance, a 1-acre lot in a 1/2-acre zone might otherwise qualify for a guest house CUP under the Guest House ordinance, and therefore should not be prohibited under the Plumbing In Accessory Buildings ordinance. The language has been drafted to address this. Guest House CUP vs. Plumbing in Accessory Buildings CUP The proposed ordinance is intended to provide an alternative to the Guest House CUP for the property owner who has no intent to use the accessory building as a guest house. The Guest House CUP was/is intended for an accessory building that is set up as a freestanding dwelling, containing all the amenities necessary to live there without having to 'go up to the main house' for anything. Plumbing in Accessory Buildings October 8,1998 Page 2 There is always a potential that an accessory building with a toilet/bathtub/shower that is intended for something other than dwelling use, will occasionally be used as a? added bedroom for short term stays, say when relatives come to stay for a few days or a week. But if a relative stays there all summer, that building has become a guest house. The zoning code does not differentiate between "occasional overnight use" and "gaest house use". If an accessory building has all the basic amenities to be used as a dwelling ("provisions for sleeping, eating, cooking and sanitation" according to the Building Code) at what level of use does it actually become a dwelling? Absent some clear distinction, we expect there will be a few cases where someone crosses over the line. One possible way to create a distinction would be to prohibit overnight stays entirely unless a Guest House CUP is obtained. Council may wish to consider whether such a limitation should be added to this ordinance. Revised Draft Ordinance Outline Following is an outline of the key points of the redrafted ordinance: 1. 2. 3. 4. Water supply plumbing is allowed in any accessory building that is conforming in location, size and height, regardless of lot size, via staff issued permit without Council approval. Wastewater plumbing (except for toilet or shower or bathtub or a combination of same) is allowed in any accessory building that is conforming in location, height and size, regardless of lot size, via staff issued permit without Council approval, subject to covenants which prohibit home occupation use, secondary dwelling use except by guest house CUP, or rental dwelling use. Wastewater plumbing when such includes a toilet shower, bathtub or a combination of same, shall be allowed only via a "Plumbing in Accessory Building CUP" when such accessory structure is on a lot that is 2.0 acres or larger in area and is not intended to be used as a guest house; or via a valid "Guest House CUP" that has been approved by the City Council. A "Plumbing in Accessory ’ Building CUP" may be approved by Council only when Council finds: - the use of the structure is appropriate in the neighborhood; - the plumbing fixtures proposed are appropriate for the intended use; the lot area is at least 2.0 acres; the accessory building is in a conforming location as to setbacks; and - the property owner agrees to filing of a covenant with restrictions as described in #2 above. Plumbing in Accessory Buildings Octobers, 1998 Page 3 Staff Reconiniendation Staff recommends adoption of the redrafted ordinance. Exhibit A. COUNCIL ACTION REQUESTED Adopt the ordinance as redrafted or direct staff to make appropriai? revisions. ORDINANCE NUMBER , SECOND SERIES an ORDINANCE AMENDING THE MUNICIPAL ZONING BY ADDING SECTION 10.03 SUED. 9F AND SECTION 10.20 SUBD. 3Q regulating plumbing in ACCESSORY BUILDINGS The City Council of the City of Orono ordains; Section 1. Municipal Zoning Code Section 10.03 Subd. 9 is hereby amended by adding Subd. 9(F) as follows: Subd. 9. Accessory Buildings. F. Plumbing. Because the provision of plumbing fixtures and wastewater plumbmg in accessory buildings has the potential to allow such buildings to be used as dwelling umt^ and because it is the policy of the City to limit residential development density to the ahW densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: 1 . The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. 2. Installation of any combination of fixtures requi^g wastewater plumbing that does not include a toilet, shower or bathtub shall be allowed in any accessory Lilding that is confomiing in location, size and height with, subject to ® municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated Hows from such fixtures, and subject to the property owner executmg a covenant providing that: a. Accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code. b. Accessor>' building will not be used as a dwelling unless a guest house CUP is obtained. c. Accessory building will not be rented, leased or othe-wise provided for use as a dwelling under any circumstances. Page 1 of3 i ' 3. Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, siz and height, which meets one of the following criteria: a. The accessory building has been approved for a 'Guest House' conditional use permit; or b. The accessory building has been approved for a 'Plumbing in Accessory Building' conditional use permit. Section 2. Municipal Zoning Code Section 10.20, Subd. 3 is hereby amended by adding Subd. 3(Q) as follows: Subd. 3. Conditional Uses. Q. Plumbing in Accessory Building. The provision of a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: 1 . The Council finds that the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood; 2. The Council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3. The property is 2.0 acres in area or Icirger. 4. The accessory building is conforming in location, size and height. 5. The property owner agrees to the filing of a covenant in the title of the property providing that: a. the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code. b. the accessory building will not be used as a dwelling unless a guest house CUP is obtained. c. the accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Page 2 of3 J r Section 3. Adoption and Publication. This ordinance shall become effective upon adoption and publication. Adopted by the City Council of Orono, Minnesota on this 12th day of October, 1998 by a vote of___^ayes and___nays. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 3 of 3 REQUEST FOR COUNCIL ACTION 10-^ Date: September 24,1998 Item No.: Department Approval:Administrator Approval: Name: Michael P. Gaffroii Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: Proposed Zoning Code Amendment - Plumbing In Accessory Structa^es Ordinance Adoption List of Exhibits A - Proposed Ordinance B - Ordinance Draft Showing Revision History C - Staff Memo and Ordinance Draft - September 18,1998 D - Staff Memo & Exhibits of July 16,1998 E - Planning Commision Minutes July 20,1998 Background Please review the memo and exhibits of July 16.199i Summary of Code Amendment The proposed language for Section 10.03 Subd. 9F will generally regulate plumbing in accessory buildings as follows: 1. Allows issuance of permits for outside sillcocks and indoor water supply in all accessory buildings. 2. Allows issuance of permits for installation of fixtures requiring wastewater plumbing (other than toilet, bathtub or shower) subject to: a. Suitable septic system or sewer connection; and b. Owne: must execute a covenant whereby owner agrees to: - No home occupation use unless approved or allowed by code. - No dwelling use except/unless via a guest house CUP - No rental/lease as a dwelling unit 3. Installation of a toilet, shower or bathtub will be allowed only via a "guest house CUP" or a "plumbing in accessory buildings CUP" for those uses which Council finds will not be detrimental to to the residential character of the neighborhood and are in keeping with the intended use of the accessory building. The proposed language for Section 10.20 Subd. 3Q creates a new conditional use in residential zones to be known as "Plumbing in Accessory Buildings" for those situations where a toilet, bathtub or shower will be installed, subject to the same conditions noted in 2a and 2b above. Plumbing In Accessory Structures September 24,1998 Page 2 Planning Commission Recommendation The Planning Commission held a public hearing on this proposed amendment on July 20, 1998 pursuant to published and posted public notice. The July 20 review resulted in a continuation to a work session held August 14, 1998. The August 14 review resulted in direction to staff to make specific changes to wording. The final Planning Commission review was held on September 21, 1998, which resulted in a 6-0 vote to recommmend approval of the proposed ordinance with certain additional language * cvisions which have been incorporated into Ejdiibit A. The history of Planning Commission revisic*. to the original draft ordinance is illustrated in Exhibit B. Staff Recommendation Staff recommends adoption of the attached ordinance per the Planning Commission recommendation. COUNCIL ACTION REQUESTED Adopt or amend the attached ordinance. r PROPOSED CODE LANGUAGE ADDITIONS (REVISED 9-17-98per PC Comments at 8-14-98 Work Session) (REVISED 9-24-98 ptr PC Cemmcnis ot 9-21-98 Rtffulor MctllAg) Section 10.03 Subd. 9. Accessory Buildings. F. Plumbing. The provision of outside sillcocks and indoor water supply shall be allowed in all accessory buildings. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the City to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: Provision of anv combination of fixtures requiring wastewater plumbing that does not include a telUt. shower or bathtub shall be considered as an allowed accessory use in anv accessory building subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner executing a covenant providing that: Accessory building will not be used for a home occupation unless specifically approved bv City or {f allowed bv City code. Accessory building will not be used as a dwelling unless a guest house CUP is obtained. Accessory building will not be rented, leased or otherwise provided for use as a dwelling under anv circumstances. Provision of anv combinations of fixtures requiring wastewater plumbing that does include a tolUt. shower or bathtub shall be allowed only via a "guest house" or "plumbing in accessory building” conditional use permit as regulated in the zoning code, and subject to provision of municipal sanitary sewer or a conforming septic system designed to handle the anticipated flows from such fixtures. Section 10.20 Subd. 3. Conditional Uses. O. Plumbing in Accessory Building. The provision of a toilet, bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Apofovnl ahall be pronted owlv for thoie mei which Connell fln4a will wot bt detfimentot lo Ihe fasidenUol chofocter ef the wl^hbofhood owd which Council Hnd» Of In Ictepino with Iht Intended me ef the occesaofv building. Appfovol will bn subject to the property owner executing a covenant providing that: St Accessory building will not be used for a home occupation unless specifically approved bv City or if allowed bv City code. Accessory building will not be used as a dwelling unless a guest house CUP is obtained. £* Accessoiv building will not be rented, leased or otherwise provided for use as a dwelling under anv circumstances. c /o-S'9^ CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this _____ day of ________19___by______________________________(single/husband and wife/a Minnesota corporation), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City for the installation of limited wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: ) 1 (hereinafter referred to as "Subject Property"); and WHEREAS, 'limited wastewater plumbing’ for purposes of this Covenant shall include all interior wastewater piping and fixtures except for toilets, bathtubs and showers; and WHEREAS, City staff have reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9 (F) of the Orono Municipal Code to allow installation of limited wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (F)(2), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9 (F)(2) allows issuance of a permit for installation of limited wastewater plumbing in an accessory building conditioned upon the execution of this Covenant and its filing in Applicant ’s chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. 2. 3. 4. 4. Applicants' request for installation of limited wastewater plumbing within the accessory builditig (—d^Sgrib? it—) on the Subject Property is approved conditioned upon the execution of this Covenant by the City and the Applicants. The following conditions shall control the installation and use of the limited wastewater plumbing: A) The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. No toilet, bathtub or shower shall be installed within the accessory building unless the property owner obtains a Guest House Conditional Use Permit or a Plumbing In Accessory Building Conditional Use Permit from the City, and installation of one or more of said tixtures without the required Conditional Use Permit shall constitute a violation of this covenant. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. Fw owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by his/her/their signature(s) upon this document. Page 2 of 4 Application Date: 0/18/98 Completion Date: 6/18/98 60 Day Deadline: 10/15/98 COUNGiL OCT 1 2- i998 CI7YCFORO^iO REQUEST FOR COUNCIL ACTION DATE: 10/9/98 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Assistant Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description:#2389 Daniel Kluth 2801 Fox Street Conditional Use Permit Application: The City Council voted to table this application at the September 28, 1998 meeting. Mr. Kluth originally applied for a Guest House Conditional Use Permit to allow one toilet and one sink in an accessory structure on the property. City Staff has presented a proposed Zoning Code Amendment that would allow the applicant to apply for a Plumbing in Accessorj' Building Conditional Use Permit". The intent of the CUP would allow accessory buildings not intended to le used as dwelling units to have an approval process that would allow plumbing to exist. The following criteria must be met to grant approval for a "Plum! in Accessory Structure V irtV.'ltlonal II«f» Pprmit" 1. 2. The Council finds the proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. The Council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. The property is 2.0 acres in area or larger. The accessory building is conforming in location, size and height. T^e property owner agrees to the filing of a covenant in the title of the property providing a. the accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code. the accessory building will not be used as a dwelling unless a guest house CUP is obtained. the accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. COUNCIL ACTION REQUESTED Subject to Council approval of a Zoning Code Amendment to allow plumbing in an accessory building as a Conditional Use Permit. To adopt or amend the enclosed resolution to allow plumbing in an accessory building as a CUP. Resolution Declaration of Covenant Site Plan/Survey Staff Memo from Stephen Weckman, On-Site Systems Manager A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (Q) FILE NO. 2389 WHEREAS, Daniel J. Kluth (hereinafter the "applicant") is the owner of the property located at 2801 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 3, Farview, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono to permit a "Plumbing in Accessory Structure - Conditional Use Permit" to allow a toilet and sink to be installed into an accessory structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. 3. 4. This application was reviewed as Zoning File #2389. The property is located in the LR-IA Zoning District. The property is approximately 2.71 acres in area. The Orono Planning Commission reviewed this application on September 21, 1998, and recommended approval of a conditional use permit for plumbing in an accessory structure to allow for a toilet and sink based on the following findings: a. The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. Page lof 4 ,-iW ....J r b. The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. c. The property location, size, and height meet minimum requirements to allow a conditional use permit to be granted. 4.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 conditional use permit 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 conditional use permit to allow "Plumbing in an . 'essory structure to include a toilet and a sink and subject to following condition; 1.’fhe property owner agrees to the filing of a covenant in the title of the property providing the following: a.The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code. b. The accessory building will not be used as a dwelling unless a guest house conditional use permit is obtained. c.The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances 2.Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (October 12, 1999). Page 2of 4 4. 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 teiminate any authority granted herein, and shall be punishable as a misdemeanor. The iindersigned 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 12th day of October, 1998. ATTEST; Linda S. Vee, City Cleric Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 12th day of October, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. V. Notary Public Page 3of 4 1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 _before me a Notary Public widiin 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 4of 4 CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this 12th day of October, 1998, by Daniel J. Kluth and Donna Kluth (husband and wife), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). ! WITNESSETH: WHEREAS, Applicants have made application to the City for the installation of limiteci wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: I ot 1, Block 3, Farview, Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, 'wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fixtures except for bathtubs and showers; and WHEREAS, City staff have reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9 (F) of the Orono Municipal Code to allow installation of wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9 (F)(3)(B), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9 (F)(3)(B) allows issuance of a permit for installation of limited wastewater plumbing in an accessory building conditioned upon the execution of this Covenant and its filing in Applicant's chain of title; and WHEREAS, in order to identify all parties within an interest in the subject property, the Applicants are required to provide title information to City staff as requested. All parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants request for installation of limited wastewater plumbing within the accessory building to include fixtures to allow a toilet and sink on. the Subject Property is Page 1 of 4 1 1 2. 3. approved conditioned upon the execution of this Covenant by the City and the Applicants. The following conditions shall control the installation and use of the limited wastewater plumbing: The accessory building shall not be used for a home occupation unless specifically approved by the City or if allowed by City code. The accessory building will not be used as a dwelling unless a Guest House conditional use permit is obtained from the City. C) The accessory building will not be rented, leased or otherwise provided for as a dwelling under any circumstances. use No bathtub or shower shall be installed within the accessory building unless the property owner obtains a Guest House Conditional Use Permit or a Plumbing In Accessory Building Conditional Use Permit from the City, and installation of one or more of said fixtures without the required Conditional Use Permit shall constitute a violation of this covenant. 4. 4. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. Fee owner(s) of the Subject Propert>', if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by his/her/their signature(s) upon this document. Page 2 of 4 TO: DATE: Paul Weinberger, Assistant Zoning Administrator FROM: Stephen Weckman, On-Site Systems Manager July 29, 1998 SUBJECT: Septic Review for Application #2389, Daniel J. Kluth - Conditional Use Permit This memo is a review of the septic system capacity at 2801 Fox St. due the applicant's proposed accessory structure. The City and State regulations determine the septic system sizing for residential uses based solely on the number of bedrooms. Additional bathroom or plumbing fixtures do not require additional septic tank or drainfield capacity unless the fixtures can be expected to cause unusually high flows. The existing on-site system serving the residence is designed for a four bedroom dwelling. As long as the residence still has only four bedrooms, no alteration of the septic system is required at this time. CObN'JlL _REQUEST FOR COUNCIL ACTION Date: Item No, OCT 1 2 i998 Oc(663tl8ri998NO Department Approval: Administrator Approval: Name: Michael P. Gaffron'"^^^^^ Title: Senior Planning Coordinator Agenda Section: Zoning Item DescriptioD: Zoning Code Amendment - Interim Use Ordinance - Second Review List of Exhibits: A - Revised Ordinance for Discussion/Adoption B - Council Minutes of August 24,1998 C - Memo & Exhibits of August 19, 1998 This item was tabled for further review by staff after minimal discussion on August 24. It was noted that the ordinance language does not strictly follow the language in the statutes, and that the criteria for interim uses should be spelled out. In order that discussions on this proposed amendment continue, staff is suggesting revisions to the criteria establishing applicability of the ordinance (Subd. 4, page 2): Subd. 4. Interim Uses: Limitation on Applicability. This ordinance shall apply only to properties that: a.abut existing U.S. Highway 12 that contain an existing building in which the interim use will occur.: or and b. cither will abut future Highway 12 or in which the existing building will be partially or fully acquired for future Highway 12 right-of wav: and for which the Council determines that no other use would be financially isasiblfi^ These revisions restrict the applicability of the ordinance to a relatively small number of properties that will be acquired by MNDot for Highway 12. The scope of the resulting ordinance is extremely limited, but still gives Council wide latitude in determining suitable short-term options for the few sites to which the ordinance applies. The "Purpose" statement has been redrafted and shortened to more directly pertain to the reasons for this ordinance in the context of Highway 12. Interim Use Ordinance October 8,1998 Page 2 The "General Standards" section (Subd. 3) has been reworded to match the format of the statute language. Item F regarding 'no adverse effects on the public health, safety and welfare’ is not in the statute but staff feels it is appropriate language to add here As noted previously, staff is hesitant to create a list of allowable in'iOrim uses; however, additional general performance standards could be added under Subd. 3 (General Standards) if Council so chooses, to minimize or eliminate specific unwanted types of activity. This would give staff and property owners a better sense of the nature of interim uses Council may or may not approve. COUNCIL ACTION REQUESTED Review the revised applicability criteria, and direct staff how to proceed regarding the Interim Use ordinance. ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY DEFINING AND AND PROVIDING FOR INTERIM AND TEMPORARY USES OF LAND THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by adding the following Definition to Zoning Code Section 10.02: "Use, Interim" - A temporary use of property until a particular date, or until the occurrence of a particular event, or until zoning regulations no longer permit it, as determined by the City Council. Section 2. follows. The municipal code of Orono is hereby amended by adding Section 10.14 to read as SEC. 10.14. INTERIM USES. Subd. 1 . Interim Uses: Purpose. Certain properties within the City are subject to future acquisition for right-of-way of Highway 12, and those properties may in some cases be unsuitably situated or not financially feasible on a short-term basis for any of the permitted or conditional uses allowed by the Zoning Chapter. However, certain uses under certain conditions may be appropriate for such properties for a limited period of time, but which a’*** i.c * generally appropriate on a permanent basis, which are not consistent with land uses designuted on the adopted Land Use Plan, and which are not identified as allowable permitted or conditional uses within the respective zoning. .trict. The purpose of this ordinance is to allow' such uses for a brief and limited period of time at the discretion of the City Council. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Subd. 2. Interim Uses: Procedure. Applications for interim use permits shall be processed in tl:e same manner as conditional use permits as established in Section 10.09 of the Zoning Chapter. the following: Subd. 3. Interim Use.®;: General Standards. An interim use shall comply with A. The use shall conform to the standards tc> a conditional use permit as set forth in Section 10.09 of tht: Zoning Chapte:. B. The use shall contorm to the applicable general peribrmance standards established in Section 10.60 of the Zoning Chapter. I C. The date or event that will terminate the use can be identified with certainty. D. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. E. The user agrees to any conditions that the City Council deems appropriate for permission of the use. F.Permission of the use will not result in adverse effects on the public health, safety and welfare. Subd. 4. Interim Uses: Limitation on Applicability. This ordinance shall apply only to properties that meet all of the following criteria: A. The property contains an existing building in which the interim use will occur; and B. The existing building and the property will be acquired for future Highway 12right-ofw. -and C. The Council determines that no other use for the property would be financially feasible. Subd. 5. Interim Uses: Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first: A. The date stated in the permit. B. Upon violation of the conditions under which the permit was issued. C. The redevelopment of the use and property upon which it is located to a pemutted or conditional use as allowed within the respective zoning district. Section 3. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this and__nays. ATTEST: day of _, 1998, by a vote of__ayes Linda S. Vee, City Clerk Gabriel Jabbour, Mayor / /ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 (#2402 Glenn Sauer, Continued) Goetten moved, Flint seconded, to approve Application #2402,4104 HIghwood Road, per Resolution #4147. VOTE: Ayes 5, Nays 0. (#9) #2404 OTTEN BROTHERS NURSERY, 2350 WAYZATA BOULEVARD - COMMERCIAL SITE PLAN REVIEW The Applicants were not present Mayor Jabbour moved, Goetten seconded, to table Application #2404. VOTE: Ayes 5, Nays 0. Mayor Jabbour stated the adjoining property owners will be notified of the new hearing date. Van Zomeren requested a 60 day extension be granted since the Applicants were not present, noting the time l.'tnitwili expire September 19th. Tom Barrett, City A^orney, stated the City could request an additional 60 days since the Applicant was not present (•#10) #2407; ANE AND KELLY MOORE, 3438 LIVINGSTON AVENUE - VARIANCES - RESOLUTION NO. 4148 Kelley moved, Peterson seconded, to approve Application #2407,3438 Livingston Avenue, per Resolution #4148. VOTE: Ayes 4, Nays 0. (*#11) #2409 GEDNEY AND EMILY TUTTLE, 1225 SHORELINE DRIVE - VARIANCE - RESOLUTION NO. 4149 Kelley moved, Peterson seconded, to approve Application #2409,1225 Shoreline Drive, per Resolution #4149. VOTE: Ayes 4, Nays 0. (*#12) INTERIM USE ORDINANCE • ADOPTION Kelley moved, Goetten s^i* winded, to table Item #12. NO VOTE TAKEN. Goetten withdrew her second. Flint stated he has concerns with the language contained the document, noting the ordinance does not conform with the language in the statute, and requested further review by City Staff. Flint commented the criteria for interim use should be spelled out Kelley moved, Goetten seconded, to table Item #12. VOTE: Ayes 5, Nays 0. (•#13) SPRING HILL GOLF CLUB - REQUEST FOR HOLDING TANK Kelley moved, Goetten seconded, to approve the use of a holding tank for the rest station for Spring Hill Golf Club per Code Section 12.30 Subd. 4E. Vote: Ayes 5, Nays 0. Kelley moved, Goetten seconded, to approve the relocation of the rest area to a site located approximately 180' north of County Road 6 as shown on the site plan attached to the Request for Council Action dated August 19,1998. Vote: Ayes 5, Nays 0. (Recess taken f***' 18:58 p.m. - 9:07 p.m.). REQUEST FOR COUNCIL ACTION Date: Item No. August 19, 1998 Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: Zoning Code Amendment - Interim Use Ordinance - Adoption List of Exhibits: A - Ordinance B - Memo & Exhibits of August 14,1998 4\ Background In April 1998 Cliff Otten, owner of the Day Care building at the intersection of Hwy. 12 and Co. Rd. 6, requested that the Council consider how that building might be used for the next 3-5 years before it is demolished to make way for highway construction. That site is zoned RR-IB residential, and the building is not likely to ^ used for any of the permitted or conditional uses allowed in RR-IB. Council asked staff to consider how we might accomodate short term uses of this building. Staff suggested that the City adopt an Interim Use ordinance which would allow Council to approve on a limited-term basis, a use which is otherwise prohibited in a given zoning district. Such use would be subject to any conditions the Council chooses to impose. Interim Use permits would be processed in the same manner as CUP's. Staff reviewed Interim Use ordinances in effect in Plymouth and Roseville. Those two cities differ somewhat in their approaches. Plymouth ’s ordinance suggests that a !i«;t of acceptable interim uses mi^t be defined for each zoning district; Roseville's ordinance does not suggest the need for such a list, and gives the Council broad discretion to approve or deny interim uses. Statutory Authorization Cities are authorized to adopt Interim Uses ordinances by State Statutes 462.3597, which define Interim Use as "a temporary use of a property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it". The Statute states that the Council may grant permssion for an interim use if: 1 . the use conforms to the zoning regulations; 2. the date or event that will terminate the use can be identified w ith certainty; [•jiXinfw [tlrtlTlKl lUtJkWt 11 Mirti tmri¥si rt¥iTiifsi [iJCi] DimfRi ^iiii I :^CTntir^iTiRCTr RT¥fiT*iTiMi^ [•nirtsiiT^ [•■riTv^ MctlliHl WaOTHil LiJiKfiC^I •RITiTtffi I •!•] ■ f) ^ii txim ii ^ii r«iiirti [tivfiirti lircire •III! lit [tiiirfiisaintTiraiTii LtifirtrodiMt Interim Use Zoning Amendment August 19, 1998 Page 3 Staff Recommendation Staff agrees with Planning Commission that creating a list of allowable Interim Uses may create more potential problems than it solves. Council must use an Interim Use ordinance judiciously in order to avoid claims of spot zoning, and to ensure that neighborhoods will not be negatively impacted. Staff recommends adoption of the Interim Use ordinance without a list of allowed uses, and with the limitation to the Highway 12 corridor ai-eas as defined above. Council may wish to consider whether any additional language is needed to more closely define under what specific situations such w ordinance might be used. COUNCIL ACTION REQUESTED Adopt or amend the attached Interim Use ordinance. ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY DEFINING AND AND PROVIDING FOR INTERIM AND TEMPORARY USES OF LAND THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by adding the following Definition to Zoning Code Section 10.02: ♦ "Use, Interim" - A temporary use of property until a particular date, or until the occurrence of a particular event, or until zoning regulations no longer permit it, as determined by the City Council. Section 2. The municipal code of Orono is hereby amended by adding Section 10.14 to read as follows: SEC. 10.14. INTERIM USES. Subd. 1. Interim Uses: Purpose. In order to achieve the goals and objectives of the Zoning Chapter, in certain districts, specified conditional uses are allowed subject to the granting of a conditional use permit. From time to time, circumstances may arise wherein a certain ase under certain conditions may be appropriate within a specific district or on a specific property for a limited period of time, but which is not generally appropriate on a permanent basis, which might not be consistent with land uses designated on the adopted Land Use Plan, and which is not identified as an allowable conditional use within the respective zoning district. Such use might also fail to meet all of the zoning standards established for the district within which it is located. The purpose of this ordinance is to allow a use for a brief and limited period of time until a permanent location is obtained or while the permanent location is under construction; or to allow a use that is currently judged acceptable by the City Council, but which will not be acceptable in the future due to anticipated development or redevelopment; or to allow a use which is consistent with the intended long range use of an area and which is in compliance with the Comprehensive Plan. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these permits. Subd. 2. Interim Uses: Procedure. Applications for interim use permits shall be processed in the same manner as conditional use permits as established in Section 10.09 of the Zoning Chapter. Subd. 3. Interim Uses: General Standards. An iiuerim use shall comply with the following: A. The use shall meet the standards of a conditional use permit as set forth in Section 10.09 of the Zoning Chapter. The use shall conform to the applicable general performance standards established in Section 10.60 of the Zoning Chapter. The date, event or occurrence that will terminate tlie use can be identified with certainty. The use will not impose unreasonable costs on the public, and will not result in adverse effects on the public health, safety and welfare. The user agrees to any conditions that the City Council deems appropriate for permission of the use. B. C. D. E. Subd. 4. Interim Uses: Limitation on Applicability. This ordinance shall apply only to properties that: a. abut existing U.S. Highway 12; or b. either will abut future Highway 12 or will be partially or fully acquired for future Highway 12 right-of way. Subd. 5. Interim Uses: Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first: A. The date stated in the permit. B. Upon violation of the conditions under which the permit was issued. C. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Section 3. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this and__nays. day of ., 1998, by a voyo of__ayes ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Chair Smith and Planning Commission Members Mike Gaffron, Senior Planning Coordinator iqJi> August 14, 1998 Subject: Proposed "Interim Use" Ordinance List of Exhibits A - Revised version of proposed ordinance B - Memo and Exhibits of August 4, 1998 At your August 14 work session, the Planning Commission members present voted unanimously to omit the requirement that the City create a list of allowed Interim Uses. You indicated you would prefer to follow the Roseville model and leave it entirely to the Council's discretion as to whether a proposed use is acceptable on an interim basis. While this provides only minimal direction to the property owner or potential users, it gives the Council an unlimited set of options. In reviewing this ordinance Nvith City Attorney Tom Barrett, he has indicated that while a list of allowed interim uses apparently is not strictly required. Planning Commission and Council should give some thought to potentially opening a pandora's box of non-residential uses in our primarily residential zones. The legal issue is not so much that of a neighbor's right to protection via zoning limitations, but that if all relevant factors are the identical, a neighboring property would have to be allowed the same interim use. I think his bottom line is that there is some merit in having a list, because it would protect the Council from having to respond to an unlimited range of potentially unfriendly uses. The ordinance has been redrafted to omit the requirement for a list. A public hearing has been scheduled for Monday's meeting and must be opened for public comment. After the hearing. Planning Commission should take a final vote of recommendation to the Council. Staff Recommendation Approval of the attached Interim Use ordinance, specifying whether language requiring a list of acceptable interim uses should be required. >]f^ r yr •u .0 » >4 ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY DEFINING AND AND PROVIDING FOR INTERIM AND TEMPORARY USES OF LAND THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS; Section 1. The municipal code of Orono is hereby amended by adding the following Definition to Zoning Code Section 10.02: "Use, Interim" - A temporary use of property until a particular date, or until the occurrence of a particular event, or until zoning regulations no longer permit it, as determined by the City Council. Section 2. The municipal code of Orono is hereby amended by adding Section 10.14 to read as follows: SEC. 10.14. INTERIM USES. Subd. 1. Interim Uses: Purpose. In order to achieve the goals and objectives of the Zoning Chapter, in certain districts, specified conditional uses are allowed subject to the granting of a conditional use permit. From time to time, circumstances may arise wherein a certain use under certain conditions may be appropriate within a specific district or on a specific property for a limited pieriod of time, but which is not generally appropriate on a permanent basis, which might not be consistent with land uses designated on the adopted Land Use Plan, and which is not identified as an allowable conditional use within the respective zoning district. Such use might also fail to meet all of the zoning standards established for the district within which it is located. The purpose of this ordinance is to allow a use for a brief and limited period of time until a permanent location is obtained or while the permanent location is under construction; or to allow a use that is currently judged acceptable by the City Council, but which will not be acceptable in the future due to anticipated development or redevelopment; or to allow a use which is consistent with the intended long range use of an area and which is in compliance with the Comprehensive Plan. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for interim use permits and to impose reasonable conditions upon the granting of these pemiits. Subd. 2. Interim Uses: Procedure. Applications for interim use permits shall be processed in the same manner as conditional use permits as established in Section 10.09 of the Zoning Chapter. Subd. 3. Iiiierim Uses: General Standards. An interim use shall comply with the following: A. The use shall meet the standards of a conditional use permit as set forth in Section 10.09 of the Zoning Chapter. B. The use shall conform to the applicable general performance standards established in Section 10,60 of the Zoning Chapter. C. The date, event or occurrence that will terminate the use can be identified with certainty. D. The use will not impose unreasonable costs on the public, and will not result in adverse effects on the public health, safety and welfare. E. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Subd. 4. Interim Uses: 1 ermination. An interim use shall terminate on the happening of any of the following events, whichever occurs first: A. The date stated in the permit. B. Upon violation of the conditions under which the permit was issued. C. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Section 3. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this___day of and __nays. ,, 1998, by a vote of__ayes ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor & To; From: Date: Chair Smith and Planning Commission Members Mike Gaffron, Senior Planning Coordinator August 4, 1998 Subject: Proposed "Interim Use" Ordinaiice List of Exhibits A - Draft 0; Jinance B - City of Plymouth Ordinance C - City of Roseville Ordinance D - Minnesota Statutes 462.3597 Attached is a draft "Interim Use Ordinance" which would allow the Council to grant an Interim Use Permit for uses which do not appear as permitted/accessory/conditional uses in the zoning code, but which the Council might find acceptable for a limited period. This will have applicability to a number of properties in the City, such as the Cliff Otten former daycare site at the intersection of County Rd. 6 and Highway 12, and perhaps for the industrial park or other areas which might be affected by zoning or Comprehensive Plan changes, or the Hwy 12 relocation. This was drafted using language from the Plymouth ordinance and the Roseville ordinance, both of which are attached. Plymouth ’s is more detailed, and has one elemert which differs significantly from that of Roseville. It suggests that an "allowed interim uses" list be added to each zoning district (See Plymouth 21020.03 Subd. 3). This would on the one hand provide a definite limit on the range of interim uses available, and provide property owners clear direction as to what might be feasible; but on the other hand would require a zoning code amendment each time a suitable but unlisted interim use was proposed, and would therefore limit the City's flexibility for approving interim uses in a timely manner. The wording of the Statutes is somewhat ambiguous as to whether a list is required, merely stating that permission for an interim use ni3y be granted if "the use conforms to the zoning regulations". The Statutes and the proposed ordinance give the City Council total authority to approve or deny interim uses ..s it sees fit. The City Attorney has been asked to review the draft. Staff Recommendation This item wnll be the subject of a public hearing at your August 17 meeting. At the work session on August 7 Planni*- Commission should consider whethe * Orono's ordinance should include a list of allowed interim uses , or leave it open ended to give Council broad discretion in approving interim uses. ~l:>^2vpf ORDINANCE NUMBER , SECOND SERIES AN ORDINANCE AMENDING THE MUNICIPAL CODE OF ORONO BY DEFINING AND AND PROVIDING FOR INTERIM AND TEMPORARY USES OF LAND THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. The municipal code of Orono is hereby amended by adding the following Definition to Zoning Code Section 10.02: "Use, Interim" - A temporary use of propert> until a particular date, or until the occurrence of a particular event, or until zoning regulation.; no longer permit it, as determined by the City Council. Section 2. follows: The municipal code of Orono is hereby amended by adding Section 10.14 to read as SEC. 10.14. INTERIM USES. Subd. 1. Interim Uses: Purpose. In order to achieve the goals and objectives of the /.oning Chapter, in certain districts, specified conditional uses are allowed subject to the granting of a conditional use permit. From time to time, circumstances may arise wherein certain uses under certain conditions may be appropriate within a specific district or on a specific property for a limited period of time, but which are not generally appropriate on a permanent basis, and which might not be consistent with land uses designated on the adopted Land Use Plan, and which are not identified as permitted, accessory or conditional uses within the respective zoning district. Such use might also fail to meet all of the zoning standards established for the district within which it is located. The purpose of this ordinance is to allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction; or to allow a use that is currently judged acceptable by the City Council, but which will not be acceptable in the future due to anticipated development or redevelopment; or to allow a use which is consistent with the intended long range use of an area and which is in compliance with tlte Comprehensive Plan. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for interim use pemuts and to impose reasonable conditions upon the granting of these permits. Subd. 2. Interim Uses: Procedure. Applications for interim use permits shall be processed in the same manner as conditional use permits as established in Section 10.09 of the Zoning Chapter. r Subd. 3. Interim Uses: General Standards. An interim use shall comply with the following: A. Shall meet the standards of a conditional use permit as set forth in Section 10.09 of the Zoning Chapter. B. Shall conform to the applicable general performance standards established in Section 10.60 of the Zoning Chapter. —G:-----TheHseis allowed as an interim use in the respective zoning district {NOTE: JHIS^UGGESTS^HAT tV zoning DlSTRIGTrAMENDMENT-IO- . ADD-A-SPECIFIED INTERIM-USE-IS -REQUIRED FOR-EACH APPLICATION; PERHAPS THIS SECTION CAN BE OMITTED) D. TTie date, event or occurrence that will terminate the use can be identified with certainty. E. The use will not impose unreasonable costs on the public, and will not result in adverse effects on the public health, safety and welfare. F. The user agrees to any conditions that the Citj' Council deems appropriate for pennission of the use. Subd.^. Interim Uses: Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first: A. The date stated in the permit. B. Upon violation of the conditions under which the permit was issued. ^C,----^Upon^angHri thFCity ’sZoning regulations which renders the use non- conforming (SEE NOTE t\BOVE)7" * D. The redevelopment of the use and property upon which it is located to a pennitted or conditional use as allowed within the respective zoning district. Section 3. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Orono on this___day of , 1998, by a vote of__ayes and nays. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor - V I > li/-^ - i' r k PLYMOUTH ZONING ORDINANCE SFCTION 21020 - INTERIM USES 21020.01. PURPOSE AND INTENT: The purpose and intent of allowing interim uses js: Subd. 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. Subd. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. Subd. 3. To allov/ a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. 21020.02. PROCEDURE: Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Section 21015 of this Chapter. 21020.03. GENERAL STANDARDS: An interim use shall comply with the following: Subd. 1. Meet the standards of a conditional use permit set forth in Section 21015.02, Subd. 5 of this Chapter. Subd. 2. Conform to the applicable general performance standards of Section 21015.04 of this Chapter. Subd. 3. The use is allowed as an inierim use in the respective zoning district. Subd. 4. The date or event that will terminate the use can be identified with certainty. Subd. 5. The use will not impose additional unreasonable costs on the public, Subd. 6. The user agrees to any conditions that the City Council deems appropriate for permission of the use. 21020-1 PLYMOUTH ZONING ORDINANCE 21020.04. TERMINATION: An]interim use shall terminate on the happening of any of the following events, whichever occurs first: Subd. 1. The date stated in the permit. Subd. 2. Upon violation of conditions under which the permit was issued. Subd. 3. Upon change in the City’s zoning regulations which renders the use non- conforming. Subd. 4. The redevelopment of the use and property upon whicii it is located to a permitted or conditional use as allowed within the respective zoning district. 21020.05. CERTIFICATION OF TAXES PAID: Prior to approving an application for an interim use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the interim use permit application relates. =! .X- 'S i •m • 4 w 21020-2 r 04 07-99 15:39 ®612 337 5601 DSU, I NX.12 om-nil 2 M CITY OF ROSEVILLE •AH ORDIHAt^CE HO, 1066 f AY ■■ y 4'73-051^ -fkii AN ORDINANCE AMENDING THE CITY CODE OP THE CITY OP BOSEVlIiLE BY DEFINING AND PROVIDING FOR INTERIM AND TEMPORARY OSES OF UVND BY ADDING SECTIONS 13.400, 13.410 and 13.420. Irtie City Council of the City of Roseville, Minnesota, does liereby ordain: I, Section 5.494 of the City Code of the City of Roseville is hereby anoaded by adding the following: Use, Interim Definition. An "interim use" is a temporary use of property until a particular date, or until the occurrence of a particular event, as determined by the City Council. II- The City Code of the city of Roseville is amended by adding Sections 13.400, 13.410 and 13.420 to read as follows: * • 13.400. Use, Interim. The City Council may authorize an interim use of property. Interim uses might not be consistent with the land uses designated on the adopted Land Use Plan. They night also fail to meet all of the zoning standards established fer the district within which it is located. 13.410. Conditions for Interim Uses. ' The City Council may attach conditions to Interim Use Permits. In reviewing Interim Use Permit applications, the City will establish a specific date, or event that will terminate the use on the property. The Council will also determine that the approval of r 04/07-'98 15:38 0612 33" 5601 DSU. INC 0OO2-OO2 #■ • the interim use would not result in adverse effects on the public health, safety, and welfare and that it will not impose additional costs on the public if it is necessary for the public to take the property in the future. 13,420 Application for Interim Applications for interim uses shall be processed in the same manner as Special Use Permits, as established in Section 12,030. THIS ORDINANCE shall take effect and be in force from and after its passage and publication. PASSED by the City Council,o£ the City of Roseville this 14th day of January , 1991-, ATTEST; r *s. • purposes ivened to rdship Or denied -ating the ceded for just their hich will ‘oughfare c policies ommend ty or any iopt and ■sc of the ten days Jufficicni ound. In or to the quisition or. After ing ordi- 462.351 uance of section, opened, ity, it is without ;d street ig street :ial map r public lality to erected e board e owner e board roperty cannot hat bal- tap and )erty in !rmit is hearing official ippeals r board ecision id if no ; build- il ordi- details HOUSING, REDEVELOPMENT, PLANNING, ZONING 46236 462.3595 CONDITIONAL USE PERMITS. Subdivision 1. Authority. The governing body may by ordinance designate certain types of developments, including planned unit developments, and certain land devel­ opment activities as conditional uses under zoning regulations. Conditional uses may be approved by the governing body or other designated authority by a showing by the applicant that the standards and criteria stated in the ordinance will be satisfied. The standards and criteria shall include both general requirements for all conditional uses, and insofar as practicable, requirements specific to each designated conditional use. Subd. 2. Public hearings. Public hearings on the granting of conditional use per­ mits shall be held in the manner provided in section 462.357, subdivision 3. Subd. 3. Duration. A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the municipality from enacting or amending official controls to change the status of condi­ tional uses. Subd. 4. Filing of permit. A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles of the county or counties in which the municipality is located for record. The conditional use permit shall include the legal description of the property included. 462.3597 INTERIM USES. Subdivision 1. Definition. An “interim use” is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Subd. 2. Authority. Zoning regulations may permit the governing body to allow interim uses. The regulations may set conditions on interim uses. The governing body may grant permission for an interim use of property if: (1) the use conforms to the zoning regulations; (2) the date or event that will terminate the use can be identified with certainty; (3) permission of the use will not impose additional costs on the public if it is nec- cssai-y for the public to take the property in the future; and (4) the user agrees to any conditions that the governing body deems appropriate for permission of the use. Any interim use may be terminated by a change in zoning regulations. Subd. 3. Public hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in section 462.357, subdivision 3. History: 1989 c 200 s 2 462.36 CERTIFIED COPIES FILED WITH COUNTY RECORDER. Subdivision 1. Required documents. A certified copy of every ordinance, resolution, map, or regulation adopted under the provisions of sections 462.358, 462.359, and 462.3595 shall be filed with the county recorder of the county or counties in which the municipality adopting it is located. A certified copy of every variance to abstract or reg­ istered property granted under section 462.358 shall be filed with the county recorder or the registrar of titles of the county or counties in which the municipality granting it is located; except that the requirement to file a variance is satisfied if a certified copy of the resolution citing the existence of the variance is filed identifying the location where the variance documents are available for inspection. Ordinances, resolutions, maps, regulations or variances filed pursuant to this subdivision do not constitute encumbrances on real property. The order issued by the governing body or board of appeals and adjustments as the case may be, shall include the legal description of the property involved. Failure to file an ordinance, resolution, map, regulation, variance, or order shall not affect its validity or enforceability. Subd. 2. Filing with contiguous planning authorities. A copy of a comprehensive TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator October 8,1998 OCT 1 2 1998 CITYCrOROMO SUBJECT: Update Regarding Long Lake Fire Department 1999 Operating Budget and 5 Year Capital Expenditures The Long Lake Fire Commission met on Wednesday, September 23, 1998 to review the 1999 Budget and to provide an update regarding planning for a new fire station and fire vehicle replacement. The following is a summary of the meeting, and of how future planned expenditures for facilities and vehicles affects Orono. 1.Review of the 1999 Fire Department budget. A. The operating budget expenditures are proposed to increase by 4%. B. Based on the cost allocation formula, Orono's cost will increase 6% for 1999. 1) The number of calls (hours) are up significantly for Orono in relation to the other cities. 2) The market value is up significantly for Orono vs. the other cities. 3) The combination of increased relative hours and increased relative market value have caused Orono's total share of the budget to increase from 69.75% to 71.05%. New facility. A. To enable the Highway 12 upgrade project to begin as scheduled, the Long Lake Fire Department facility needs to be replaced by late 2001 or early 2002. The Long Lake Fire Department staff have been involved in an effort to identify future needs related to equipment, vehicles, and the new fire station. These plans will affect the design and cost of the replacement fire station. The Fire Department's efforts thus far are moving toward a facility significantly larger than the current facility. This is due to the need to meet current code requirements for a new building, providing space for activities the current facility does not accommodate, and providing space for planned additional vehicles. B.Although the City of Long Lake indicated they would try to cover any new facility costs not covered by Mn/DOT, the potential magnitude of costs could involve Orono paying a substantial amount toward a new facility. 3. Equipment replacement/acquisition schedule. A.In 1993, the City began to set aside funds for future Long Lake fire vehicle replacement. The City initially placed $30,000 into a fire vehicle replacement account. In the following years, the City funded this account in the amount of $20,000 per year. The funding level was based on replacement of a fire engine at a cost of $250,000 in 1999 (Orono ’s share - $175,000). Summary of Long Lake Fire Commission Meeting of Wednesday, September 23, 1998 October 8, 1998 Page 2 __________________________________________________ ;ar ; to B. In 1997, the Long Lake Fire Department determined an immediate need for a new light rescue vehicle and the replacement of a utility truck at a cost of $100,000 (Orono's share - $70,000). When these purchases were authorized by the City of Long Lake, Orono advised Long Lake that the expenditures were not built into the City's fire vehicle funding plan, and that the Long Lake Fire Department needed to develop a long-term plan for vehicle replacement to enable Orono to make determinations regarding the level of funding required. In response. Long Lake provided the attached eighteen year capital improvement plan with a total cost of $634,000. More recently. Long Lake has prepared the attached five year vehicle replacement forecast that has moved the replacement of the fire engine from 1999 to 2002, but has also added a tank with a pump, and an engine with an aerial ladder, that were not a part of the initial capital improvement plan. The replacement of the heavy rescue vehicle has also been moved from the year 2003 to the year 2000 at a cost of $175,000 vs. the initial planned cost of $140,000. Although the purchase of the light rescue vehicle and utility truck has sigmficantly reduced the balance in the City's fire vehicle replacement account, the replacement of a fire engine in 2003 can still be accomplished with minor adjustments to the current annual fire equipment replacement funding level. However, if any qqs of the three other vehicles is to be purchased in the timeframe reflected in the five year forecast, the City's annual funding amount would need to more than double from its current level of $20,000 per year. Based on the potential substantial costs to Orono related to both a new fire facility and new fire vehicles, staff recommends the City of Orono have substantial involvement in the process of determining equipment and facility needs. lity •Jilt. Owner:City of Orono. PO Box 66. Crystal Bay. MN 55323-0066 Date: October 2.1998 For Period: August 17,1998 to October 2,1998 Request No: * ^ ^ ^ “?JIS!SiI!22ricontractor G.L. Contracting. Inc.. 4300 Willow Drive. Medina. MN 55340 REQUEST FOR PAYMENT EDGEWOOD HILLSmERITAGE DRIVE SANITARY SEWER IMPROVEMENTS File No. 139-98-099 279,194.07 279,194.07 188311.71 188,311.71 9,415.59 178,896.12 51367.36 127,528.76 Contract Unit Quantity Amount Item Unit Quantity Price to Date'to Date 1 8" PVC. SDR 35. 8*- 10* deep in place LF 45 20.40 61.5 1.254.60 2 8" PVC. SDR 35. 10 ’-12' deep in place LF 680 22.20 635 14.097.00 3 8" PVC. SDR 35. 12’-14’ deep in place LF 320 24.50 260 6.370.00 4 8- PVC. SDR 35.14’-16' deep in place LF 230 27.50 286 7.865.00 5 8 ’ PVC. SDR 35.16 -18’ deep in place LF 300 31.40 300 9.420.00 6 Connect 8” PVC to existing manhole EA 1 2.057.70 1 2.057.70 7 Std. MH 8* dp.. 4’ dia., w/R1642B cstg.EA 9 1.552.40 9 13.971.60 8 MH depth greater than 8‘ deep LF 39 •124.60 38.8 4.834.48 9 Clean out manhole as per detail EA 1 1.867.40 1 1.867.40 10 Directional bore 8" HDPE SDR 17 LF soo 47.50 489.5 23.251.25 11 3" HDPE. SDR 11. trenched in place LF 810 13.10 1204 15.772.40 12 Connect 3" HDPE to manhole as per detail EA 1 523.00 1 523.00 13 1-1/2” curb stop & box. installed as per detail LF 5 190J0 7 1.332.10 14 3” X 3" HDPE tee EA 5 55.30 7 387.10 15 3" X 1-1/2” HDPE reducer EA 5 36.80 7 257.60 16 1-1/2" HDPE SDR 11 LF 200 10.70 200 2.140.00 17 8” X 4” PVC or HDPE compatible service wye branch EA 13 168.00 17 2.856.00 18 4" PVC service pipe in place. SDR 26 LF 480 13J0 480 6.480.00 19 4” PVC service riser pipe in place. SDR 26 LF 170 13.50 170 2.295.00 20 Improved pipe fdn. in 6” increment depth LF 3.150 3.20 100 320.00 21 Mechanical trench compaction LF 2.250 0.10 2200 220.00 22 Sanitary sewer television inspection LF 2.075 1.10 23 Traffic control LS 0.75 2.351.30 0.75 1.763.48 Total Part 1 - Sanitary Sewer 119335.71 Part 2 - Restoration 24 Bituminous surfacing removal SY 2.600 2.00 2100 4.200.00 25 Common excavation CY 700 7.80 700 5.460.00 26 Class 5 aggregate base (100% crushed)TN 1.400 12.60 1032 13.003.20 27 Type 31 bituminous base course TN 230 35.80 358 12.816.40 28 Type 41A bituminous wearing course TN 380 30J0 29 Geotextile fabric SY 1.700 1.40 1300 1.820.00 30 Bituminous material for tack coat GL 50 2.20 31 Bituminous street patching SY 590 24.90 680 16.932.00 32 Clearing and grubbing LS 0.90 13.224.00 0.9 11.901.60 r 33 Bituminous driveway restoration SY 1,200 14.10 34 Concrete driveway restoration SF 600 7.40 35 Remove existing CMP culvert LF 40 1030 36 Furnish and install 15'* CMP culvert LF 40 21.00 37 15"CMPnarcdend EA 2 132.50 38 Sod with k” topsoil SY 14,500 2.60 39 Seed with topsoil, mulch and fertilizer AC 0.1 4.408.00 40 Erosion control fence 41 Furnish and plant Evergreen Tree (Blue LF 1,500 3.30 Spruce) 6' high 42 Furnish and plant shade tree (Sugar Maple) EA 6 385.70 4* diameter EA 6 41330 43 Remove and transplant bushes EA 6 82.70 44 Remove and transplant tree • Desiduous EA 6 385.70 45 Remove and transplant tree • Coniferous Total Part 2 - Restoration EA 6 385.70 Total Part 1 - Sanitary Sewer Total Part 2 - Restoration Total Work Completed To Date I.A135M3WSWEQUEST2.WB2 80. 1.128.00 169 557.70 1,157.10 68,976.00 119335.71 68,976.00 188311.71 1 PROJECT PAYMENT STATUS Owner CITY OF ORONO Project No. 139-98-099 FUe No. 139-98-099 Contractor G.L. CONTRACTING INC CHANGE ORDERS No.Date Description Amount 1 • 2 3 Total Change Orders PAYMENT SUMMARY 1 07/29/98 08/17/98 5U67.36 2.703.55 54.070.90 2 08/17/98 10/02/98 127.528.76 9.415.59 188.311.71 3 4 5 6 7 8 9 10 Material on Hand Total Payment to Date S178.896.I2 Original Contract $279,194.07 Retainage. Payment No. 2 9.415.59 Change Orders Total Amount Earned $188,311.71 Revised Contract $279,194.07 l:\139M 39O0\nEOUEST2.WB2 r COl'.v OCT 1 2 iJJb REQUEST FOR COUNCIL ACTION CIT>'C- - DATE: October 9. 1998 ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Public Services Item Description: Revised Assessment Roll Resolution for Shoreline/Heritage Sanitary Sewer Rroiect - Resolution Construction is nearly complete on this project with sodding and paving of the final lift of bituminous pavement in 1999 left to be completed. Construction went very well for this project, with no unexpected problems, so the project costs are substantially lower than estimated. The original assessment roll, which was adopted at the June 29th assessment of $19,100 per unit. This was based on 20 properties being assessed for the project. There are two lots that were platted in the original subdivision that have been owned by an adjacent landowner outside the subdivision ever since the lots were platted. These were purchased to provide a buffer between the subdivision and the adjacent parcel. This subdivision was platted in the 1960's before the current zoning regulations were in effect, so all of the lots in the subdivision are non- conforming and are all approximately one acre in size. The original proposal was not to assess the two vacant non-conformmg lots, so as to not imply any zoning or development rights for these lots. Also the property owner has no intention of selling or development these lots, at this time, and would have likely appealed the assessment. The assessment of these two vacant lots was questioned by one of the citizens at the assessment hearing. The Council indicated that based on the development of all of the other lots, the two vacant lots would most likely be considered buildable in the future. Development of these lots with septic would be difficult, but with sanitary’ sewer available, it would be feasible to develop these lots. The Council directed staff to review' the ability of these parcels, and to include them in the project for the calculation of the per-unit assessments if staff found that they would most likely be considered buildable. Staff is recommending these lots be included in the calculation of the per-unit assessments, fhis will lower the unit cost for all of the other properties in the project. The City will carry the costs for these lots until they are developed at which time the costs will be covered through a coimection fee. Due to costs substantially low'cr than estimated, and based on the costs for project completion distributed over 22 parcels, versus the original 20 parcels, the per unit project assessment will be $15,500. The feasibility study assessment estimate was $19,100 per unit. r Revised Project Assessment Shoreline/Heritage Sanitary Sewer October 9, 1998 Page 2 Revised Assessment Interest Rate An interest rate of 8% per year was included in the original assessment roll. We are recommending a revised interest rate of 6.25%. This is the same interest rate that was presented at the Orono Orchards project public hearing. The proposed plan is to sell bonds in 1999 to cover the costs for the 1999 construction, Orono Orchards project and this project. The assessment interest rate for the 1997 projects, based on a 4.97% bond interest rate was 6.25% based on current trends, we are anticipating a stable bond market and similar interest rates for next year. Requests for Project Exclusion Three property owners have requested exclusion from the project. The assessment hearing notice indicated that property owners needed to request exclusion from the project at that time. Two written requests were received before the assessment hearing and were listed in the assessment hearing staff memo. One additional resident requested exclusion at the assessment hearing. Subsequent investigation of the septic system proved the existence of a conforming septic for this property. No additional requests for exclusion have been received. The three property owners requesting exclusion are listed below: Daniel and Barbara Hoffman Jorgen and Lucille Viltoft C E and K Rusch 1135 Heritage Lane 1155 Heritage Lane 1920 Shoreline Drive A connection fee will be charged for these properties when a sewer connection is requested. The estimated annual City costs for debt service for a $15,500 assessment at a 5% bond interest rate for five properties will be $7,300. This includes the two vacant lots and the three properties excluded from the project. Notices to the property owners describing the prepayment options available will be sent to the properties after adoption of the revised assessment roll. The assessment roll needs to be submitted to the County by December 1 st. COUNCIL ACTION REQUESTED: Approval of the attached resolution adopting the revised assessment roll for the Shoreline/Heritage Sanitary Sewer Project. forcemain GRAVITY SEWER GRAVITY MANHOLE residential grinder station HERITAGE DRIVE ORONO, MINNESOTA SANITARY SEWER M FIGURE 4 Bonestroo Rosene Anderlik & Associates Engineers A Architects 1391004.DWG 2/20/98 COMM. 139100 r i I A RESOLUTION TO AMEND THE INTEREST RATE AND DATE APPLIED TO THE SHORELINE DRIVE, HERITAGE DRIVE AND HERITAGE LANE AREAS SANITARY SEWER ASSESSMENT ROLL, AS ESTABLISHED BY RESOLUTION NO. 4106 WHEREAS, the City Council of Orono, Minnesota established the interest rate at 8.00%, and the effective interest date as June 29, 1998, on the assessments for the improvement of sanitary sewer in the Shoreline/Heritage area by passage of Resolution No. 4106; and WHEREAS, the City Council intends to amend said interest rate based on the 4.973% interest rate of the bonds sold for the 1997 sanitary sewer improvement projects and the projected interest rate for a possible future bond sale to finance this project; and Minnesota: NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, 1. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installment to be payable on or before the first Monday in January 1998, and shall bear interest at the rate of 6.25% per annum from November 1,1998. To the first installment shall be added interest on the entire ..issessment from November 1, 1998, until December 31, 1999. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 2. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole assessment on such property, with interest charged to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days of October 14,1998, and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 30 in 1998, or before November 15 in a subsequent year or interest will be charged through December 31 of the next succeeding year. Page 1 of2 3. Partial prepayment is allowed in accordance with Ordinance No. 160, Second Series, adopted May 12,1997. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 12,1998. ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Clerk Page 2 of2 Special Assessment Certification Roll for Shoreline/Heritage Sanitary SewerMunicipal Code: 38Project Number: 98-2 SHORELINE/HERITAGE Levy Description: Special Assessment for Sanitary Sewer Installation Interest Rate: 6.25% Number of Years Payable: 15 Municipality: ORONO Levy Number: Total Project Assessment: S263,500. / PIDH Addition Code Total Principal Lot Block Name Street U Property Address Mailing Street Address Mailing City Address Units 10-117-23 12 0005 42265 15,500.00 I 2 STEPHEN & LUCINDA LARSON 1005 HERITAGE LA 1005 HERTIAGE LA WAYZATA MN 55391 1 10-117-23 13 0002 42265 15,500.00 2 1 LOWELL JANKE 1180 HERITAGE LA 1180 HERITAGE LA WAYZATA MN 55391 1 10-117-23 13 0003 42265 15,500.00 3 1 RAY ZITZLOFF 1160 HERITAGE LA 1160 HERITAGE LA WAYZATA MN 55391 I 10-117-23 13 0004 42265 15,500.00 4 1 A A & V C NICKLOW 1150 HERITAGE LA 1150 HERITAGE LA WAYZATA MN 55391 1 10-117-23 13 0005 42265 15,500.00 5 1 KURT RETZLER 1100 HERITAGE LA 1100 HERITAGE LA WAYZATA MN 55391 1 10-117-23 13 0008 42265 15,500.00 2 2 DEAN PATTERSON 1025 HERITAGE LA 1025 HERITAGE LA WAYZATA MN 55391 1 10-117-23 13 0009 42265 15,500.00 3 2 BLAIR & NANCY BJERKE 1035 HERITAGE LA 1035 HERITAGE LA WAYZATA MN 55391 I 10-117-23 13 0010 42265 15,500.00 4 2 JAMES SNYDER 1085 HERITAGE LA 1085 HERITAGE LA WAYZATA MN 55391 1• 10-117-23 13 0013 42265 15,500.00 3 3 DAVID SCOTT 1905 HERITAGE DR 1905 HERITAGE DR I WAYZATA MN 55391 PID#Addition Total Lot Block NameCode Principal Street Property Address »Mailing Street Address Mailing City Address Units r COUNCIL OCT 1 2 1998 REQUEST FOR COUNCIL ACTION ciTYCr CRONO DATE: October 12, 1998 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: No Parking Resolution for Femdale Road North Municipal State Aid Finds will be used for the reconstruction of Femdale Road North to a 28 foot wide urban section road. State Aid mles require that the road be restricted to "No Parking Anytime" on both sides of the road. This is the same as North Brown Road, which was also reconstructed to a 28 foot width. The City of Plymouth will also approve a no parking resolution for their side of the road. The approved resolutions from both Cities need tobe submitted with the plans and specifications for State Aid review and approval. COUNCIL ACTION REQUESTED: Motion to approve Femdale Road North No Parking Resolution I ' A RESOLUTION RELATING TO PARKING RESTRICTIONS ON FERNDALE ROAD NORTH SJLP. 152-110-01 from Trunk Highway No. 12 to County State Aid Highway No. 6 in the City of Orono, Minnesota. THIS RESOLUTION, passed this 12th day of October, 1998, by the City of Orono m Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called the ' City , WITNESSETH: WHEREAS, the "City" has planned the improvement of Femdale Road North (MSAS 1 10) from Trunk Highway No. 12 to County State Aid Highway No. 6. WHEREAS, the "City", will be expecting Municipal State Aid Funds on the improvement of this Street, and WHEREAS, this improvement does not provide adequate width for parking on Iwth sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS THEREBY RESOLVED, that the "City", shall ban the parking of motor vehicles on Femdale Road North (MS AS 110) at all times. 1998. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held October 12, Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk I 1 i ' REQUEST FOR COUNCIL ACTION council.. OCT 12 iyy8 CfTY C ' . P/.' NO DATE: October 12. 1998 ITEM NO •= H Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviev/ed: Item Description: Golf Course Painting Agenda Section: Engineer's Report Attached you will find a memo from Ron Steffenhagen, Golf Course Manager regarding an artist's painting of one of the golf course holes. Next year is the 75th anniversary of the opening of the Orono Golf Course. This could be a good way to recognize this event. Approximately 25,000 rounds of golf ar^ played at the course each season, with only about fifty senior citizen season passes sold each year. This means that are a substantial number of people, that play golf at the course each year, that would be potential customers for the purchase of a painting. The cost is $5,000 for 480 prints. At $25 per print, sale of the first 200 prints would recover the costs. Two hundred of the prints would have a 75th anniversary logo on them. Purchase of these paintings would be funded from the Golf course fund. The fund balance is about $200,000. I will have a sample painting at the Council meeting for your review. COUNCIL ACTION REQUESTED: Discuss/Approve purchase of 480 prints of a golf course hole painting for $5,000 for resale at the golf course. Funding would be from the golf course fund. TO:Greg Gappa, Director of Public Services FROM; Ron Steffenhagen, Golf Course Superintendent DATE;October 1,1998 SUBJECT: Painting for Golf Course 75th anniversary Mi Jon Wright is a well known artist in the Twin City area. He has agreed to paint a golf hole of our choosing. He would take a number of picnues and we would ehoose which one we wanted him to psdnt. He requires $1,000 as he starts his work this October. He would do his painting this winter. When he is about half done he would show us his work and ask about any changes. When we apee a point he would require another $2,000. When he finishes the painting he would require another $2,000 for a total cost of $5,000. For that we would receive 480 prints and could sell them at any price. We also would get 1 toge print, matted and framed. The first 200 prints could have a diamond in the comer noting our 75th anniversar> next year, (1924-1999). Those 200 prints could be priced at $25. thus recouping our costs. We could dso charge a fee for having tournaments at Orono. The fee could be $25. and would include a free pnnt. We have approximately 25 tournaments a year at Orono. jig — - ,------r-J*V. r C'Jui ------ t i, REQUEST FOR COUNCIL ACTION OCT 1 2 1996 c cV C•RO^>^ DATE: October 9,1998 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Renewal of Participation in the Metropolitan Livable Communities Act Local Housing Incentive Program The City has participated in the Livable Communities Act program since 1996. This has involved the adoption of a set of housing goals and the development of a housing action plan. The Metropolitan Council has requested that the City update its housing goals as part of the City's overall update of its Comprehensive Plan. A new resolution is needed each year to continue the City's participation in the Metropolitan Livable Communities Act program. A resolution is attached for Council adoption. COUNCIL ACTION REQUESTED: Motion to adopt a resolution renewing the City's participation in the Metropolitan Livable Communities Act Local Housing Incentive Piogram for calendar year 1999. CALENDAR YEAR 1999 WHEREAS, the Metropolitan Livable Communities Act (Mmne^ta Statutes tn 47“? 254'i establishes a Metropolitan Livable Communities Fund which is mtended to address o" elopmen, issues facing .he metropolitan area deftned by MinnesoU Smm.es Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the T« B^e Revitalization accoi.nt, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding arsd other assistance to metropolitan area municipalities; and WHEfCEAS, a metropolitan area municipality is not eligible to receive 8”^“ ^ the Metropolitan Livable Communities Fund or eligible to receive certmn polluted Lding f^m the Minnesota Department of Trade and Economic ^nicipality is participating in the Local Housing Incentives Account Program under die Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act required ^e Metropolitan ,0 negcdaVe ^h each munici^li.y to establish affordable and life-cycle housing gods for the munidpality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development guide; and WHEREAS, each municipality must identify to the Metropolitan Council municipality plans to take to meet the esmblished housing goals through preparation of Housing Action Plan; and WHEREAS; the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable vnd life-cycle housing goals for each participating mumcipa i y, an Page I of2 1 » WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1999, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1998, can continue to participate under Minnesota Statutes Section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15,1998; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED THAT the City of Orono hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1999. Adopted by the City Council at a regular meeting held October 12,1998. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk Page 2 of2 ^ ^ s> i W. I » 1 — — • • * • OCT 1 2 1998 REQUEST FOR COUNCIL ACTION , ^ DATE: October 9,1998 ITEM NO: Up Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Lighting for City Facilities Parking Areas The existing external lighting for the City facilities does not provide adequate lighting for the parking areas. The existing lighting is adequate only for the sidewalk and entrance areas. The lack of lighting in the parking lot areas causes a number of safety problems. Those leaving work after dark must walk to their cars in a dark parking lot. There have been instances of vandalism to cars in the Police parking lot. To address these problems, the 1998 budget includes funding for the installation of parking lot lighting. The lighting plan is to install three 20' light poles, each with two light fixtures. The attached materials show the location of the poles and the design of the poles. Staff has worked with several contractors to develop a lighting plan that provides sufficient light to all parking areas, and to obtain price quotes for the purchase and installation of the lighting. Electricity is to be provided to the lights through three underground conduits that run to the three light pole locations. The low bid for the purchase and installation of the light poles and fixtures is from Frontier Electric at a price of $5,995.00. Staff recommends accepting the lowest cost proposal by Frontier Electric to enable installation of the lights this fall. COUNCIL ACTION REQUESTED: i Date:September 29,1998 To:Ron Moorse, City Administrator From: Gary Cheswick, Chief of Police, Subject: Parking Lot Lighting As we had discussed previously, the lowest proposal submitted came from Frontier Electric Company of Excelsior. The written estimate provided by the owner specified a cost of $5,995.00 for three (3) light poles with twin 250 Watt HPS flood fixtures on time clock control, based on existing PVC conduit to each pole location. (This had previously been verified.) If additional conduit needs to be installed, a cost of $3 per foot will be charged. No additional costs are foreseen. ]lroposal FRONTIER ELECTRIC CO 800 Water Street i EXCELSIOR. MINNESOTA 553 4743201 PROPOSAL SUBfcfITTEO TO City of Orono PHONE ' STREET 2730 Kelley Parkvray JOB NAME CITY. STATE tn<J ZIP CODE Orono, ICl 55356 JOB LOCATION ARCHITECT Attn: Gary Cheswicl: DATE OF PLANS We hereby submit speofications arKt estimates for.• Furnish and Install 20* Steal Poles tiith Twin 250 Uatt H?3 Flood fixtures On Time Clock Control. ILMERIAL, LABOR AlTD PERMIT P. S. Priced Based On Existing FVC Conduit to Each Pole Location. (If conduit is not In ground to source the cost to run it(wire,contuit) w^ll be $3o00 a foot. Cut Enclosed Crouse Hinds ARlOAl S22 •*. .a. •« i Itlf Propose hereby to furnish material and labor — complete in accordance with above specificatioQS, for the sum of: Five Thousand Mine Hundred ninety Five and Ho/I00 ~dollars (S 5,995.00 PaytTwni lo b« made as follows: P'1 All mattnai is guaranteed to be as specified Ait work to be completed tn a workmanlike manner according to stardard practices Any atteraiior* or deviation frem aCo>e spec it cations involving extra costs will be executed only upon written orders, and w '.t become an extra charge over and above Ibe estimate All agreements contingent upon strikes accidents Of delays beyond our control Owner to carry fire, tornado and ot^ef necessar/ insurance Our workers are My covered by Workman s Compensation Insurance Authorized ^ Signature Note This proposal may be wilhdra.vn by us if not accepted .vth.r.days. '^Acccptfllicc of |Jr0p0Snl — The abov« pricei. spectlications and conditions are satisfactory and are hereby accepted \bu are authorized Signature to do the work as specified Payment will bo made as out'.red aoeve \ Dale of Acceptance Signature /. r PA SERIES ? ' POLES BULiniNPA RUUD LIGHTING INCORPORATED J. SPEC. #CATALOG »DIMENSIONS PA3S10C ’BZ 10' (3.0 m)X3‘(76 mm) PA3S15C *BZ 15‘ (4.6 m)X4’(102 mm) PA4S15C *BZ 15'(4.6 m)X4-(t02mm) PA4S200 *BZ 20' (6.1 m)X4*(l02mml PA5S250 *BZ 25 (7.6 m)X 5’(127 mm) PA6S300 'BZ 30' (9.1 m)X6*(152 mm) -Specify pole configuration. • 1 1* • • • 1 • • • 1 r0l6 Cap. (Supplied if tenon is not used.) Square, Non-tapered Pole 12-(305 mm) ^ .X Two Piece Aluminum Base Plate Cover ^e»o >• Hand Hole Cover Aluminum Angle Base Plate Anchor Bolt Hole CE ERAL DESCRIPTION: Square, non-tapered pole of extruded aluminum (6063-T6); with a minimum yield strength of 25.000 p.s.i. Welded to a base plate fabricated of structural aluminum angle (6061-T6); with a minimum yield strength of 30.000 p.s.i. Pole is supplied with a two piece alumi­ num base cover and four hot dip galvanized steel anchor bolts, with masonite mounting ^rnplate. Each bolt is provided with two washers and two nuts. Per National Electrical Code requirements, polo is standard with a 2" (51 mm) x 4" (102 mm) hand hole, located 12 (305 mm) to 24" (610 mm) above bottom of pole base. A 10-32 stainless-aleel weld stud with grounding lug is located inside pole, opposite hand hole: a hand hole cover is ________________ supplied. For E.P.A. ratings, see windloading sheet. FINISH: Pole and base cover are finished with a bronze durable acrylic thermoset powder finish, _________________ with excellent resistance to ultra violet, abrasion, fading and weather. COUNCIL r/E£TiNCi OCT 1 2 i998 REQUEST FOR COUNCIL ACTION (.11 V 0-0no*^;0 DATE; October 9, 1998 ITEM NO = n Department Approval: Name RonMoorse TUIe City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Budget Amendment to Reflect the Cost of the County Road 15 Traffic Study The City Council at its September 28 meeting approved a County Road 15 traflBc study at a cost of $20,000. A budget adjustment is necessary to reflect this additional expenditure. Staflf recommends a budget adjustment to increase expenditures in the Special Projects Contingency account of the General Fund. COUNCIL ACTION REQUESTED: Motion to amend the Special Projects Contingency account of the General Fund to reflect the additional expenditure of $20,000 for the County Road 15 traffic study. Cjur,. OCT 1 2 1996 REQUEST FOR COUNCIL ACTION DATE: October 9,1998 ITEM NO: / ^ Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Resolution Authorizing an Agreement with Mn/DOT for the Highway 12 Noise and Vibration Study Mn/DOT has agreed to fund a noise and vibration study related to the Highway 12 upgrade project. This requires a cooperative agreement between the City and Mn/DOT. A resolution authorizing the City to enter into a cooperative agreement with Mn/DOT needs to be attached to the cooperative agreement. A re.solution is attached for Council adoption. COUNCIL ACTION REQUESTED: Motion to adopt a resolution authorizing the City to enter into a cooperative agreement with Mn/DOT through which Mn/DOT will fund a noise and vibration study related to the Highway 12 upgrade project, and authorizing the Mayor and City Administrator to sign the agreement. ! . I: i‘ * I ! i ^ ' A RESOLUTION AUTHORIZING THE CITY OF ORONO TO ENTER INTO A COOPERATIVE AGREEMENT WITH MN/DOT RELATED TO A NOISE AND VIBRATION STUDY FOR THE HIGHWAY 12 CORRIDOR PROJECT WHEREAS, proposals have been requested from consulting firms for conducting a noise and vibration study for the Highway 12 corridor; and WHEREAS, HDR Engineering, Inc. has submitted a proposal for a noise and vibration study; and WHEREAS, the proposal has been reviewed by the City of Orono, the City of Long Lake, and Mn/DOT engineering staff; and WHEREAS, HDR Engineering, Inc. has been selected to conduct the noise and vibration study; and WHEREAS, Mn/DOT has agreed to fund the noise and vibration study, and WHEREAS, this requires a cooperative agreement between Mn/DOT and the City of Orono. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono does hereby authorize the City to enter into a cooperative agreement with Mn/DOT related to the noise and vibration study, and does also hereby authorize the Mayor and City Administrator to sign the cooperative agreement. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of October, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 1 of 1 OCT 1 2 1998 ^^7vo•■ono^eo REQUEST FOR COUNCIL ACTION DATE: October 9, 1998 ITEM NO: / ^ I I Department Approval: Name RonMoorse Title City Administratoi Administrator Reviewed:Agenda Section: City Administrator’s Rqwrt Item Description: Work Session Topics There are a number of items requiring Council attention that can be addressed in a Council work session. These include the following; 1.Meeting with the Orono School Board regarding cooperation and coordination between the City and the School Board to ensure the Orono Schools building project goes smoothly. 2. 3. Presentation of the draft Surface Water Management Plan by Bonestroo Associates. Annual City Administrator Performance Evaluation. 4. Review of the "Final" Highway 12 Preliminary Layout to be completed in late October. The Council may want to select a set of dates for work sessions to address these items, COUNCIL ACTION REQUESTED: Motion to select dates and times for upcoming Council work sessions. • fee j j,. ^ OCT 1 2 1998 REQUEST FOR COUNCIL ACTION Q<TYorGf^n^^-Q DATE: Octobers, 1998 ITEM NO: ^ O Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval There are no licenses. \ I 8 Oct 1998 Thu 1:17 PM Check Number Check Register City of Orono Date Name Check Number • 56517 RED APRON CATERING 56517 O0-Oct-98 RED APRON CATERING Totals Check Number 56517 RED APRON CATERING Check Number 56518 56518 SCHERER MEAT CO. 08-Oct-98 Totals Check Nunber SCHERER MEAT CO. 56518 SCHERER MEAT CO. Check Number 56519 56519 HANSEN, STEVEN C. 08-Oct-98 Totals Check Number HANSEN, STEVEN C. 56519 HANSEN, STEVEN C, Check Number 56520 56520 HANSEN, STEVEN C. oa-oct-98 Totals Check Number HANSEN, STEVEN C 56520 HANSEN. STEVEN C Check Number 56521 56521 JOimSON. MARY ANN 08-Oct-98 Totals Check Number JOIDISON. MARY ANN 56521 JOHNSON, MARY ANN Check Number 56522 i»6522 GREGORY, JAMES 08-Oct-98 Totals Check Number GREGORY, JAMES 56522 GREGORY, JAMES Check Number 56523 56523 YO»JNGDAHL COMPANIES 08-Oct-98 Totals Check Number YOUNGDAHL COMPANIES 55523 YOUNGDAHL COMPANIES Check Number 56524 56524 RED APRON CATERING 08'Oct-98 Totals Check Number RED APRON CATERING 56524 RED APRON CATERING Check Number 56525 56525 56525 CITY OF ORONO PETTY CASH 08-Oct-98 08-Oct-98 CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH Transaction Amount 68.90 68.90 98.55 98.55 37.83 37.83 152.47 152.47 13.81 13.81 86.92 86.92 60.00 60.00 42.33 42.33 13.08 5.15 COUNCIL l/toW .t; J OCT 1 2 1996 Comments CITY or one*'; J SALAD FOR EMP PIQIIC MEAT FOR EMP PICNIC POP k FRUIT - PICNIC PICTJIC SUPPLIES GAMES - PICNIC ICE.CORN.TOMAIOES-PICNIC COBRA SEMINAR MTG W/UNION POLICE PETTY CASH REIM POLICE PETTY CASH REIM 8 Oct 1998 Thu 1:17 PM Check Number Q>eck Number 56525 56525 56525 56525 56525 56525 56525 56525 56525 56525 56525 56525 56525 56525 56525 56525 56525 56525 Check Register City of Orono Page 2 Date 56525 CITY 08-Oct-98 O0-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 Name OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OP ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OP ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH CITY OF ORONO PETTY CASH Totals Check Number 56525 CITY OF ORONO PETTY CASH Check Number 56526 56526 MN COUNTY ATTORNEYS ASSOC. 08-0ct-98 Totals Check Number MN COUNTY ATTORNEYS ASSOC. 56526 MN COUNTY ATTORNEYS ASSOC. Check Number 56527 56527 56527 56527 56527 MN DEPT OF REVENUE 08-Oct-98 08-Oct-98 08-Oct-98 Oa-Oct-98 Totals Check Number MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENUE 56527 DEPT OF REVENUE Check Number 57092 57092 BERETTA USA 08-Oct-98 Totals Check Number BERETTA USA 57092 BERETTA USA Check Number 57144 57144 PRECISION BUSINESS SYSTEMS 08-Oct-98 Totals Check Number PRECISION BUSINESS SYSTEMS 57144 PRECISION BUSINESS SYSTEMS Check Number 57277 57277 SWENSON ELECTRONICS 08-Oct-99 Totals Check Number SWENSON ELECTRONICS 57277 SWENSON ELECTRONICS Transaction Amount 5.56 2.38 10.66 2.98 10.00 12.71 3.82 3.18 1.42 1.24 7.45 2.65 8.51 6.82 9.57 9.27 0.78 1.50 118.73 24.05 24.05 24.00 17.00 225.00 2.337.00 2.603.00 -150.00 -150.00 2,381.87 2,381.87 -62.60 -62.60 Comments POLICE PETTY CASH REIM POLICE PETTY CASH REIM POLICE PETTY CASH REIM POLICE PETTY CASH REIM POLICE PETTY CASH REIM ADDING MACHINE TAPE FIRST AID SUPPLIES LIN VEE POSTAGE POSTAGE POSTAGE POSTAGE PHONE CORD FUSES CHLORINE 3 RING BINDERS POSTAGE PARKING-GVT CENTER DUI FORFEIT FORMS SALES TX 8/98 SALES TX 8/98 SALES TX 8/98 SALES TX 8/98 VOID TRAINING B JOHNSON VOID-FOUNTAIN-GC VOID - VCR REPAIR 8 Oct 1998 Thu 1:17 PM Check Register City of Orono Page 3 Check Number Date Name Transaction Amount Comments Check Number 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 57298 UNUM 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 08-Oct-98 LIFE INSURANCE ONUM LIFE UNUM LIFE UNIW LIFE UNUM LIFE UNUM LIFE L“NUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE UNUM LIFE - LIFE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE LIFE Totals Check Number 57298 UNUM LIFE INSURANCE - LIFE 7.36 LIFE INSURANCE 3.20 LIFE INSURANCE 130.08 LIFE INSURANCE 35.85 LIFE INSURANCE 94.22 LIFE INSURANCE 10.78 LIFE INSURANCE 4.62 LIFE INSURANCE 0.70 LIFE INSURANCE 167.89 LIFE INSURANCE 0.75 AD k D INSURANCE 0.45 AD &D INSURANCE 22.05 AD k D INSURANCE 7.20 AD k D INSURANCE 3.30 AD k D INSURANCE 3.89 AD k D INSURANCE 1.66 AD k D INSURANCE 0.15 AD k D INSURANCE 46.80 AD k D INSURANCE 540.95 Grand Total 1,253.07 r 8 Oct 1990 Thu 12:37 PM Check Register City of Orono Check dumber Date Name Check Number 57315 57315 57315 57315 AIRTOUCH CELLULAR/BELLEVUE 04-Mar-9S AIRTOUCH CELLULAR/BELLEVUE 09-Jun-98 AIRTOUCH CELLULAR/BELLEVUE 09-Jun-98 AIRTOUCH CELLULAR/BELLEVUE Totals Check Number 57315 AIRTOUCH CELLULAR/BELLEVUE Check Number 57316 ANCHOR PAPER 57316 07-Oct-98 ANCHOR PAPER Totals Check Number 57316 ANCHOR PAPER Check Number 57317 AT fc T - TAMPA 57317 07-Oct-98 AT & T - TAMPA Totals Check Number 57317 AT a T - TAMPA Check Number 57318 AT a T HIRELESS SERVICES/AZ 57318 57318 07-Oct-98 07-Oct-98 AT & T WIRELESS SERVICES/AZ AT & T WIRELESS SERVICES/AZ Totals Check Number 57318 AT a T WIRELESS SERVICES/AZ Check Number 57319 ATfcT - KC 57319 57319 03-Aug-98 19-Mar-90 ATaT - KC ATaT - KC Totals Check Number 57319 ATaT - KC Check Number 57320 AtXSIES MOBILE CHEF 57320 07-Oct-98 AUGIES MOBILE CHEF Totals Check Number 57320 AtXSIES MOBILE CHEF Check Number 57321 BENEFITS DESIGN GROUP 57321 07-Oct-98 BENEFITS DESIGN GROUP Totals Check Number 57321 BENEFITS DESIGN GROUP Transaction Amount 440.27 13.60 13.59 467.46 634.95 634.95 1.60 1.60 7.04 7.05 14.09 40.84 17.11 57.95 51.92 51.92 1,067.25 1,067.25 Page 1 Comments CELL PHONES CELLULAR SERVICE SERVICE 4/15-5/15 PAPER LONG DISTANCE WIRELESS SERVICES WIRELESS SERVICES LONG DISTANCE 7/98 LD VANG HABURGERS, CHKWAGON ADM FEE Check Number 57322 BIFFS INC.• 57322 O7-Oct-90 BIFFS INC.66.76 PORTABLES e/98 57322 O7-Oct-90 BIFFS INC.133.52 PORTABLES 8/98 57322 O7-Oct-90 BIFFS INC.133.52 PORTABLES 8/98 57322 07-Oct-98 BIFFS INC.133.52 PORTABLES 8/98 Totals Check Number 57322 BIFFS INC.467.32 ! f 8 Oct 1998 Thu 12:37 PM Check Register City of Orono Page 2 Check Number Date Name Check Number 57323 57323 57323 57323 BLACKOWIAK & SON 07-Oct-98 BLACKOWIAK & SON 07-Oct-98 BLACKOWIAK & SON 07-Oct-98 BLACKOWIAK & SON Totals Check Number 57323 BLACKOWIAK k SON Check Number 57328 CARLSON CONSTRUCTION 57328 08-Oct-98 CARLSON CONSTRUCTION Total* Check Number 57328 CARLSON CONSTRUCTION Check Number 57329 CITY OF RICHFIELD 57329 07-OCC-98 CITY OP RICHFIELD Total* Check Number 57329 CITY OF RICHFIELD Check Number 57330 CITY OF WAYZATA 57330 24-Oct-96 CITY OF WAYZATA Total* Check Number 57330 CITY OF WAYZATA Transaction Amount Comments 157.80 WASTE SERVICE - 9/90 72.33 WASTE SERVICE - 9/98 191.72 WASTE SERVICE - 9/98 421.85 Check Number 57325 BONCSTROO ROSENE k ASSOC. 57325 07-Oct-98 BONESTROO ROSENE &ASSOC.3,098.99 WEBBER HILLS SAN SHR JULY 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.4,656.71 HERITAGE OR SAN SHR JULY 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.349.50 REBID EDGWD HILLS SAN SWR 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.165.60 NAV HTR PLANT REHAB JULY 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.221.25 BYRSG/BRXTS PT RFP »7 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.1,344.53 BYRDG/BRKTS PT INSP JULY 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.425.27 NLL/LLCC RFP #8 k 89 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.2,161.81 NLL/LLCC INSP-EASMNT JULY 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.92.50 FORCE MAIN BREAK-HENN CO 57325 07-Oct-9B BONESTROO ROSENE k ASSOC.332.00 INSPECT US WEST ANTENNA 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.240.50 TRAFFIC SIGNAL REVISIONS 57325 07-Oct-98 BONESTROO ROSENE k ASSOC.423.75 SAGA HILL PARK ACCESS 57325 07-Oct-98 BONESTROO ROSENE k ASbOC.567.51 ATTEND JULY COUNCIL MTGS Totals Check Number 57325 BONESTROO ROSENE k ASSOC.14,079.92 Check Number 57325 BUDGET PRINTING 57326 07-Oct-98 BUDGET PRINTING 103.06 PD ENVELOPES Total* Check Number 57326 BUDGET PRINTING 103.06 Check Number 57327 CAR--TEL 57327 07-Oct-98 CAR-TEL 122.84 PHONE FOR ELECTION Total* Check Number 57327 CAR-TEL 122.84 3.500.00 3.500.00 GRINDING LL - STORM 91.50 91.60 ROOM FOR GFOA CONFERENCE 4.046.28 4.046.29 3RD OTR WATER CONSUMPTION I J r 8 Oct 1998 Thu 12:37 PM Check Number Check Number 57331 Check Register City of Orono Date Name 57331 CITYVIEW PLUMBING i HEATING 07-Oct-98 CITYVIEW PLUMBING & HEATING Totals Check Number 57331 CITYVIEW PLUMBING & HEATING Check Number Transaction Amount 100.75 108.75 Page 3 Comments REPAIR MEN'S URINAL 57332 CYS UNIFORMS 57332 57332 57332 57332 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 Totals Check Number CYS UNIFORMS CYS UNIFORMS CYS UNIFORMS CYS UNIFORMS 57332 CYS UNIFORMS 93.85 345.15 184.80 140.85 764.65 SHIRT, TIE k EMBLEMS COAT AND SHIRTS SHIRTS k PANTS-TOMCHECK CORNICE Check Number 57333 E-Z RECYCLING 57333 07-Oct-98 Totals Check Number B-Z RECYCLING 57333 E-Z RECYCLING Check Number 57334 EARL P. ANDERSON k ASSOC. 5,583.48 5,583.48 SEPTEMBER RECYCLING 57334 07-Oct-98 Totals Check Number EARL F. ANDERSON k ASSOC. 57334 EARL F. ANDERSON k ASSOC Qieck Number 57335 57335 57335 EBERT CONSTRUCTION 07- Oct-98 08- Oct-98 Totals Check Number EBERT CONSTRUCTION EBERT CONSTRUCTION 57335 EBERT CONSTRUCTION Check Number 57336 EXPRESS MESSENGER 529.37 529.37 276.00 10.070.00 10.346.00 BRIDGE k DUCK XING SIQIS REPAIR CABLE BRACING SALT SHED ROOF - STORM 57336 O8-Oct-90 Totals Check Number EXPRESS MESSENGER 57336 EXPRESS MESSENGER Check Number 57337 FRESHWATER FOUNDATION 40.95 40.95 DELIVERY TO HENN CTY 57337 07-Oct-9B Totals Check Number FRESHWATER FOUNDATION 57337 FRESHWATER FOUNDATION Check Number 57338 57338 FRONTIER COMMUNICATIONS 03-Aug-98 Totals Check Number FRONTIER COWUNICATIONS 57338 FRONTIER COWUNICATIONS Check Number 57340 57340 Q k K SERVICES 07-Oct-99 G 4 K SERVICES 335.00 335.00 31.62 31.62 5.93 RM RENTAL 9/15/98 MNTHLY VOICE MAIL STEFFQIHAGEN 8 Oct 1990 Thu 12:37 PM Check Number Date Name Check Number 57340 57340 57340 57340 57340 57340 57340 57340 57340 57340 57340 57340 57340 57340 57340 57340 G & K 07-Oct-98 O7-Oct-90 07-Oct-98 O7-Oct-90 O7-Oct-90 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 SERVICES G & K G & K G & K G Ik K G & K G & K G fc K G & K G & K G & K G & K G & K G fc K G & K G & K SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES Totals Check Number 57340 G li K SERVICES Check Number 57341 Q L CONTRACTING 57341 08-Oct-98 G L CONTRACTING Totals Check Number 57341 G L CONTRACTING Check Number 57342 GALL'S INC. 57342 57342 57342 07-Cct-98 07-Oct-98 07-Oct-98 GALL'S INC. GALL'S INC, GALL'S INC. Totals Check Number 57342 GALI/S INC. Chieck Number 57343 GERRING'S CAR WASH Check Register City of Oi'ono 57343 07-Oct-98 GERRING'S CAR WASH Totals Check Number 57343 GERRING'S CAR WASH Check Number 57344 GREEN LIGHTS RECYCLING INC. 57344 07-Oct-98 GREEN LIGHTS RECYCLING INC Totals Check Number 57344 GREEN LIGHTS RECYCLING INC Check Number 57345 HAWKIN5 WA'TER TREATMENT GROUP 57345 57345 07-Oct-98 07.0ct-98 HAWKINS WATER TREATMENT GROUP HAWKINS WATER TREATMENT GROUP Totals dieck Number 57345 HAWKINS WATER TREATMENT GROUP Check Number 57346 HENNEPIN COUNTY 'TREASURER-GEN 57346 07-Oct-98 HENIIEPIN COUNTY TREASURER-GEN Transaction Amount 68.53 5.93 90.24 12.15 12.15 5.93 86.44 42.01 42.01 62.55 12.15 55.11 5.93 94.36 12.15 613.57 127,528.76 127,528.76 149.97 19.99 2.53 172.49 7.00 7.00 99.35 99.35 40.00 261.73 301.73 3,948.00 Page 4 Comments UNIFORMS STEFFENHAGEN UNIFORMS RATHBUN RATHBUN STEFFENHAGEN MATS MATS MATS SHOP TOWELS RATHBUN MATS PD STEFFENHAGEN UNIFORMS RATHBUN SHORELINE/HERITAGB RFP #2 MIC a CORD-SMART SIREN SHIRT SHIPPING & HANDLING CAR WASH FLOUR LIGHT DISPOSAL DEMURRAGE CHLORINE & HYDRFLUOS ACID RM a BOARD 8/98 a Oct 1990 Thu 12:37 PM Check Register City of Orono Page 5 Check Humber Date Name Check Number 57346 HENNEPIN COUNTY TREASURER-GEN Totals Check Number 57346 HENNEPIN COUNTY TREASURER-GEN Check Number 57348 HIN5HAW k CULBERTSON Check Hunger 57349 HUMANE SOCIETY OF WRIGHT CO 57349 07-Oct-98 HUMANE SOCIETY OF WRIGHT CO Totals Check Number 57349 HUMANE SOCIETY OP WRIGHT CO Check Number 57350 IKON OFFICE SOLUTIONS 57350 07-Oct-98 IKON OFFICE SOLUTIONS Totals Check Number 57350 IKON OFFICE SOLUTIONS Check Number 57351 INTERSTATE BATTERIES 57351 57351 07-Oct-98 07-Oct-9B INTERSTATE BATTERIES INTERSTATE BATTERIES Totals Check Number 57351 INTERSTATE BATTERIES Check Number 57352 J H LARSON ELECTRICAL CO. 57352 O7-Oct-90 J H LARSON ELECTRICAL CO Totals Check Number 57352 J H LARSON ELECTRICAL CC Transaction Amount Comments 3.948.00 57348 O7-Oct-90 HINSHAW k CULBERTSON 99.00 AUGUST SERVICE 57348 07-Oct-98 HINSHAW k CULBERTSON 1,100.18 AUGUST SERVICE 57340 07-Oct-98 HINSHAW k CULBERTSON 88.00 MPRS LAWSUIT 57348 07-Oct-98 HINSHAW k CULBERTSON 88.00 GORDON NELSON 57348 07-Oct-98 HINSHAW k CULBERTSON 650.UO AUGUST SERVICE 57348 07-Oct-98 HINSHAW k CULBERTSON 160.00 MOE TITLE REGISTRATION 57348 07-Oct-98 HINSHAW k CULBERTSON 122.50 CR6/HCPW 53-08-96 AUG 57348 07-Oct-98 HINSHAW k CULBERTSON 770.50 APPLICATION AUG 57348 07.Oct-98 HINSHAW k CULBERTSON 559.59 POLICE LABOR MATTERS 57348 07-Oct-98 HINSHAW k CULBERTSON 1.122.26 LEGAL SERVICES 57348 07-Oct-98 HINSHAW k CULBERTSON 429.00 SAGA HILL LANJ TITLE 57348 07-Oct-98 HINSHAW k CULBERTSON 44.00 GORDON NELSON 57348 07-Oct-98 HINSHAW k CULBERTSON 682.00 MPRS LAWSUIT 57348 07-Oct-98 HINSHAW k CULBERTSON 1.199.00 TELEPHONE SVCS CONTRACT 57348 07-Oct-98 HINSHAW k CULBERTSON 1.526.00 EDGEWOOD HILLS EASEMENTS 57348 07-Oct-98 HINSHAW k CULBERTSON 474.00 NLL/LLCC EASMENTS 57340 O7-Oct-90 HINSHAW k CULBERTSON 174.00 OCB RD TRAIL EASEMENTS 57348 07-Oct-98 HINSHAW k CULBERTSON 40.00 WOODHILL CC - ROAD DISPOT 57340 O7-Oct-90 HINSHAW k CULBERTSON 421.44 GORDON NELSON 57348 07-Oct-98 HINSHAW k CULBERTSON 11.744.67 LEGAL SERVICE MAR-JULY 57348 07-Oct-98 HINSHAW k CULBERTSON 7,625.04 APPLICATIONS 2/27-7/28/98 Totals Check Number 57348 HINSHAW k CULBERTSON 29,127.18 157.50 BOARD k EUTH 157.50 25.25 25.25 TONER k STAPLES 117.04 77.69 BATTERIES #712 BATTERY FOR SWEEPER 194.73 407.53 407.53 LIGHT BULBS r 8 Oct 1998 Thu 12:37 PM Check ffumber Check Kuniber 57353 Check Register City of Orono Date Name 57353 KENNETH N. POTTS, PA 07-Oct-98 KENNETH N. POTTS. PA Totals Check Number 57353 KENNETH N. POTTS. PA Check Number 57354 57354 LEAGUE OF MN CITIES 22-Dec-97 Totals Check Number LEAGUE OF MN CITIES 57354 LEAGUE OF MN CITIES Check Number 57355 57355 LOGIS 07-Oct-98 LOGIS Totals Qieck Number 57355 LOGIS Check Number 57356 57356 LONG LAKE POHBR EQUIPMENT 07-Oct-98 Totals Check Number LONG LAKE PONER EQUIPMENT 57356 LONG LAKE POWER EQUIPMENT Check Number 57357 57357 57357 LONG LAKE TRACTOR EQUIPMENT 07-Oct-98 07-Oct-98 Totals Check Number LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT 57357 LONG LAKE TRACTOR EQUIPMENT Check Number 57358 57350 LUBRICATION TECHNOLOGIES 08-Oct-98 Totals Check Number LUBRICATION TECHNOLOGIES 57358 LUBRICATION TECHNOLOGIES Check Number 57359 57359 MAGIC CLEANERS 07-Oct-98 Totals Check Number MAGIC CLEANERS 57359 MAGIC CLEANERS Check Number 57360 57360 57360 MBPTA 07-Oct-98 07-Oct-98 MiPTA MBPTA Totals Check Number 57360 MBPTA Check Number 57361 57361 MET COUNCIL ENVIRONMENTAL SER 07-Oct-98 Totals Check Number MET COUNCIL ENVIRONMENTAL SER 57361 MET COUNCIL ENVIRONMENTAL SER Transaction Amount 2.291.66 2.291.66 4.552.00 4.552.00 904.26 904.26 15.13 15.13 2.30 8.80 11.10 477.12 477.12 20.21 20.21 15.00 15.00 30.00 990.00 990.00 Page 6 Comments SEPTEMBER PRO.SECUTICN 1997-98 DOES PIMS AUGUST POLE SAK REPAIR SDIEH CHAIN CONN LINK OIL. FILTERS,WASHER FLUID JAIL CLOTHES 6/14/98 MEETING 1998 DUES SAC CHGS r 0 Oct 1990 Thu 12i37 PM Check Number Check Number 57362 Date Name Check Register City of Orono 57362 MIDWEST ASPHALT O7-Oct-90 MIDWEST ASPHALT Totals Check Number 57362 MIDWEST ASPHALT Transaction Amount 170.63 170.63 Page 7 Comments PATCH Check Number 57363 57363 MIDWEST COCA COLA BOTTLING CO 07-Oct-98 Totals Check Number MIDWEST COCA COLA BOTTLING CO 57363 MIDWEST COCA COLA BOTTLING CO 145.15 145.15 SCl’k Check Number 57364 MINNCOMM 57364 O0-Oct-90 Totals Check Number MINNCOftI 57364 MINNCOMM 2.58 2.58 TAX a FED SERVICE CHG Number S736S 57365 57365 MINNEAPOLIS OXYGEN COMPANY 07-Oct-98 O7-Oct-90 Totals Check Number MINNEAPOLIS OXYGEN COMPANY MINNEAPOLIS OXYGEN COMPANY 57365 MINNEAPOLIS OXYGEN COMPANY Check Number 57366 57366 57366 57366 MINNEGASCO 09-Jun-98 09-Jun-98 09-Jun-98 MINNEGASCO MINNEGASCO MINNEGASCO 13.50 27.00 40.50 Totals Check Number 57366 MINNEGASCO 10.40 136.76 135.24 282.40 OXYGEN OXYGEN k ACETLYENE GAS SERVICE GAS SERVICE GAS SERVICE Check Number 57367 MINNETONKA SOUND 4 LIGHTING 57367 O0-Oct-98 Totals Check Number MINNETONKA SOU^’O 4 LIGHTING 57367 MINNETONKA SOUND 4 LIGHTING Check Number 57368 57368 MN BENEFIT ASSOCIATION 07-Oct-98 Totals Check Number MN BENEFIT ASSOCIATION 57360 MN BENEFIT ASSOCIATION Check Number 57369 57369 NOBILE RADIO ENGINEERING INC. O8-Oct-90 Totals Check Number MOBILE RADIO ENGINEERING INC. 57369 MOBILE RADIO ENGi;.E£RING INC. Check Number 57370 57370 MR AUGIES COFFEE SERVICE 07-Oct-98 Totals Check Number MR AUGIES COFFEE SERVICE 57370 MR AUGIES COFFEE SERVICE 55.00 55.00 74.32 74.32 1,591.07 1,591.07 49.50 49.50 REPAIR FLOOR JACK INSURANCE - BORIS noble radios - REPLACXMQf COFFEE r 1 i ) I i 8 Occ 1998 Thu 12:37 PM Check Register City of Orono Page 8 Check Transaction Nutrber Date Name Amount CofTTnents Check Number 57371 NAVARRE HARDWARE 57371 07.Oct-99 NAVARRE HARDWARE 75.92 MISC SUPPLIES Totals Check rrumber 57371 NAVARRE HARDNARF 75.92 Check Humber 57372 NCPERS GROUP LIFE INS • 57372 07-Oct-98 NCPERS GROUP LIFE INS 132.00 OCTOBER LIFE Totals Check Number 57372 NCPERS GROUP LIFE INS 132.00 Check Number 57373 NSP 57373 02-JU1-96 NSP 155.86 HWY 12 & WILLOW 57373 09-Jun-98 NSP 1,493.^4 ELECTICAL SERVICE 57373 2*’-Apr-90 NSP 1,287.64 ELEC SERVICE 57373 27-Apr-98 NSP 2.711 68 ELEC SERVICE 57373 27-Apr-98 NS?2,491.39 ELEC SERVICE Totals Check Number •'7373 NSP 8,139.81 Check Humber 57374 OLD DUTCH foods: 57374 07-Oct-98 OLD DUTCH FOODS INC.11.55 CHIPS Totals Check Nunujer 57374 OLD DUTCH FOODS INC.11.55 Check Number 57375 ORONO COIWNITY EDUCATION 57375 08-Oct-98 ORCNO COMMUNITY EDUCATION 2,438.56 SUMMER RECREATION 1993 Totals Check Number 57375 ORONO COMMUNITY EDUCATION 2,438.56 Check Number 57376 PI.:* •V' ./AUL 57376 08-Oct-'‘PHILLIPS,PAUL 150.00 PARTIAL REFUND 82430 Totals Check Number 57376 THILLIPS.PAUL 150.00 Check Number 57377 PIONEER 57377 08-Oct-98 PIONEER 16.18 AD FOR TES'i lNG SCAN SYST 57377 08-Oct-98 PIONEER 53.93 APPLICATIONS 57377 Oo-Oct-98 PIONEER 89.39 PROPOSED ASSES-ORONO ORCH 57377 08-Oct-98 PIONEER 40.07 NOT OF HRING-ASSESS SHORE 57377 08-Oct-98 PIONEER 52.41 NOTICE OF WORK SESSION 57377 08-Oct-98 PIONEER 23.37 APPLICATION 2^12 57377 08-Oct-98 PIONEER 30.56 BIDS FOR GENERATORS 57377 07-Oct-98 PIONEER 100.36 4/18 LAKER/PIONEER 57377 08-Oct-98 PIONEER 28.76 ORDINANCE 178 57377 08-Oct-98 PIONEER 48.53 AD-BIDS FOR l,S 13 Totals Check Number 57377 PIONEER 483.56 r ] I 6 Oct 1998 Thu 12:37 PM Check Register City of Orono Check Number Date Name Check Number 57378 57378 5/378 POWERCLEAN COMPANY INC. 08-Oct-98 POWERCLEAN COMPANY INC. 07-Oct-93 POWERCLEAN COMPANY INC Totals Check Number 57378 POWERCLEAN COMPANY INC, Check Number 57379 RICKS SUPERVALUE 57379 08-Oct-98 RICKS SUPERVALUE Totals Check Numbei 57379 RICKS SUPERVALUE Check Number 57380 RITZ CAMERA 57380 07-Oct-98 RITZ CAMERA Totals Check Number 57380 RITZ CAMERA Check Number 57381 SENIOR COftftJNITY SERVICES 57381 07-Oct-98 SENIOR COr#<UNITY SERVICES Totals Check Number 57381 SENIOR COmUNITY SERVICES Check Number 57382 STREICHERS 57382 57382 57382 07-Oct-98 07-Oct-98 07-Oct-98 STREICHERS STREICHERS STREICHERS Totals Check Number 57382 STREICHERS Check Number 57383 STS CONSULTANTS LTD. 57383 08-Oct-98 STS CONSULTANTS LTD. Totals Check Number 57383 STS CONSULTANTS LTD. Check Number 57384 TOMCHECK, LARRY 57384 07-Oct-98 TOMCHBCK. LARRY Totals Check Number 57384 TOMCHECK. LARRY Check Number 57305 TRACY TRIPP FUELS 57385 07-Oct-98 TRACY TRIPP FUET.e Totals Check Number 57385 TRACY TRIPP FUELS Check Number 57386 TREADWAY GRAPHICS 57306 O7-Oct-90 TREADWAY GRAPHICS Totals Check Number 57386 TREADWAY GRAPHICS Transaction Amount 1.693.35 1.755.93 3.449.28 7.04 7.04 11.70 11.70 6.810.00 6.81C.00 179.70 59.95 -15.00 224.65 682.90 682.90 635.50 635.50 1.731.09 1.731.09 28.79 28.79 Page 9 Comnents SEPTEMBER SERVICE JANITORIAL SERVICE CUPS, PLANTS PHOTO PROCESSING SR CITIZEN SERVICES UNIFORM BOOTS UNIFORM SOIL DENSITIES EMERG MGMT - CONFERENCE 2000.1 GALS UNLEADED DARE SUPPLIES 8 Oct 1998 Thu 12:37 PM Check Number Check Number 57387 Check Register City of Orono Date Name 57387 UNIFORMS UNLIMITED Q7.0ct*98 UNIFORMS UNLIMITED Totals Check Number 57387 UNIFORMS UNLIMITED Check Number 57388 UNITED STATES POSTAL SERVICE 57388 13-JU1-98 UNITED STATES POSTAL SERVICE Totel. Check Number 57388 UNITED STATES POSTAL SERVICE Check Number 57389 57389 UNIV OF MINNESOTA 07-0ct-98 Totals Check Number UNIV OF MINNESOTA 57389 UNIV OF MINNESOTA Check Number 57390 57390 57390 57390 57390 UNUM LIFE INSURANCE - IlFE 08-Oct-96 08-OCC-96 08-OCL-96 08-Oct-98 UNUM LIFE insurance unum life insurance UNUM LIFE INSURANCE unum life INSURANCE LIFE LIFE LIFE LIFE Totals Check Number 57390 UNUM LIFE INSURANCE - LIFE Check Number 57391 57391 US FILTER 07-Oct-98 US FILTER Totals Check Number 57391 US FILTER Check Number 57392 57392 5*’*'92 57392 57392 US VfEST COfWUNICATIONS lO-Aug-98 10-Aug-98 lO-Aug-98 lO-Aug-98 Totals Check Number .S WEST COe^lUNICATIONS US WEST COMMUNICATIONS US WEST COWIUNICATIONS US WEST COMMUNICATIONS 57392 US WEST COMMUNICATIONS Check Number 57393 57393 57393 VILLAGE CHEVROLET 07-Oct-98 07-Oct-98 Totals Check Number VILLAGE CHEVROLET VILLAGE CHEVROLET 57393 VILLAGE CHEVROLET Check Number 57394 WAWUNG LITES OP MN 07-Oct-90 WARNING LITES OF MN57394 Totals Check Number 57394 WARNING LITES OF MN Transaction Amount 168.40 168.40 1.800.00 1.800.00 120.00 120.00 0.85 6.2d 14.67 519.15 540.95 363.98 363.98 311.37 118.45 117.49 1,134.55 1,681.86 118.90 33.27 152.17 108.95 108.95 Page 10 Comments BELTS POSTAGE ONSITE SEWAGE WORKSHOPS OCTOBER INSURANCE OCTOBER INSURANCE OCTOBER INSURANCE OCTOBER INSURANCE CURB BOX. ROD PHONE SERVICE PHONE SERVICE PHONE SERVICE PHONE SERVICE PUMP AND SEAL ASSEMBLY BELT BARRICADES i ■t ' f i 8 Oct 1990 Thu 12:37 PM Check Register City of Orono Check Number Date Name Check Number 57395 57395 WEST PHOTO 07-Oct-98 WEST PHOTO Totals Check Number 57395 WEST PHOTO Check Number 57396 WESTSIDE WHOLESALE TIRE 57396 07-Oct-98 WESTSIDE WHOLESALE TIRE Totals Check Number 57396 WESTSIDE WHOLESALE TIRE Check Number 57397 WILLIAMS LAWN SERVICE 57397 07-Oct-98 WILLIAMS LAWN SERVICE Totals Check Number 57397 WILLIAMS LAWN SERVICE Check Number 57398 WRIGHT HQINEPIN ELECTRIC 57398 57398 09-Jun-98 09-Jun-98 WRIGHT HENNEPIN ELECTRIC WRIGHT HENNEPIN ELECTRIC Totals Check Number 57398 WRIGHT HENNEPIN ELECTRIC Check Number 57399 YOUNG. JACKIE 57399 08-Oct-98 YOUNG. JACKIE Totals Check Number 57399 YOUNG. JACKIE Grand Total Transaction Amount 117.01 117.01 47.46 47.46 2.600.00 2.600.00 8.00 18.88 26.88 525.00 525.00 250.418.64 Page 11 Comments FILM TIRE REPAIR PARK MOWING 8/98 ELEC SERVICE ELEC SERVICE PARK CC^ 9/8/98 1 i r 28 Sep 1998 Mon 4:28 PM Check Re^.’^ter City of Oro.’.o Check Nuinber Date Name Check Number 56S12 56512 BATTERIES PLUS 28-Sep-98 BATTERIES PLHS Totals Check Number 56512 BATTERIES PLUS Check Number 56513 ICMA CONFERENCE REGISTRATION 56513 28-Sep-98 ICMA CONFERENCE REGISTRATION Totals Check Number 56513 ICMA CONFERENCE REGISTRATION Check Number 56514 MN DEPT OF REVENUE 56514 56514 56514 28-Sep-98 28-Sep-98 28-Sep-98 MN DEPT OF REVENUE MN DEPT OF REVENUE mn dept of revenue Totals Check Number 56514 MN DEPT OP REVENUE Check Number 56515 A.T.O.M. 56515 28-Sep-98 A.T.O.M. Totals Check Number 56515 A.T.O.M Check Number 56516 HANSEN. STEVEN C. 56516 28-Sep-98 HANSEN, STEVEN C, Totals Check Number 56516 HANSEN. STEVEN C Check Number 56949 A.T.O.M. 56949 28-Sep-98 A.T.O.M Totals Check Number 56949 A.T.O.M Check Number 57001 LONG LAKE POWER EQUIPMEOT 57001 28-Sep-98 LONG LAKE POWER EQUIPMENT Totals Check Number 57001 LONG LAKE POWER EQUIPMENT Check Number 57021 PIONEER RIM k WHEEL CO 57021 28-Sep-98 PIONEER RIM k WHEEL CO Totals Check Number 57021 PIONEER RIM k WHEEL CO Grand Total Transaction Amount 18.10 18.10 445.00 445.00 12.00 516.00 3.146.00 3.674.00 250.00 250.00 120.81 120.81 -250.00 -250.00 -27.36 -27.36 •228.38 -228.38 4,002.17 Page 1 Comments BATTERIES lO^A ANNUAL CONFERENCE JULY SALES TAX JULY SALES TAX JULY SALES TAX TRAINING - ANDERSON PICNIC SUPPLIES TRAINING - A.NDERSON PARTS PARTS 1 ' . . . . .. TJ . * i- - I 28 Sep 1998 Mon 4:17 PM Page i City of Orono Payment Transaction Listing Batch HC0896 Contains 10 Entries Actual Dollars Entered are 4,002.17 User Dollar Control of 4,002.17 Posting Accounts; Cash Account 10100 Payables Account 20200 Batch is In Balance 0.00 Entry Vendor Invoice Final P.O. Pay Date Account Number Amount Due Date Check 8 Check Date ! l! 1 1 00140 056669 CASH 10100 N 28-Sep-98 N PAYABLES 20200 E 10143000221 2 00679 157604 CASH 10100 N 28-Sep*98 N PAYABLES 20200 E 60249450221 3 00163 SLS T 7/98 CASH 10100 N 28-Sep-98 N R 10134210 PAYABLES 20200 4 00163 SLS T 7/98 CASH 10100 N 28-Sep-98 N G 60120802 PAYABLES 20200 5 00163 SLS T 7/98 CASH 10100 N 28-Sep-98 N G 61320802 PAYABLES 20200 6 00767 MOORSE CASH 10100 N 28-Sep-98 N PAYABLES 20200 E 10141300437 7 00349 523 CASH 10100 N 28-Sep-98 N PAYABLES 20200 E 10142110437 8 00349 523 CASH 10100 N 28-Sep-98 N PAYABLES 20200 S 10142110437 9 00667 08/05/98 CASH 10100 N 28*Sep-98 N PAYABLES 20200 E 10143000221 10 00230 08/26/98 CASH lOlCO N 28-Sep-98 N E 10141300489 PAYABLES 20200 Total Total System Generated Checks Hand Payable Checks 0.00 4002.17 Total - Combined 4002.17 -27.36 COWIEOTS PARTS -228.38 COMMENTS PARTS 12.00 COMMENTS JULY SALES TAX 516.OC COMMEJrrS JULY SALES TAX 3,146.00 COMMENTS JULY SALES TAX 445.00 COMMENTS ICMA ANNUAL CONFERENCE •250.00 COMMENTS TRAINING - ANDERSON 250.00 COMMENTS TRAINING - ANDERSON 18.10 COMMENTS BATTERIES 120.81 COMMENTS PICNIC SUPPLIE^ 057001 24-Aug-98 057021 24-Aug-98 056514 20-Aug-98 056514 20-Aug-98 056514 20-Aug-98 056513 20-Aug-98 056949 24-Aug-98 056515 24-Aug-98 056512 OS-Aug-98 056516 26-Aug-98 r 7 Oct 1998 Wed 0:37 AM Ch'jck Register City of Orono Check Number Employee Name Check Number 045012 045012 JOHNSON, MARY ANN Totals Check Number 045012 Check Number 045013 045013 GEMAR, JAMIE L. Totals Check Number 045013 Check Number 045014 045014 HASEMAN, CAROLE A. Totals Check Number 045014 Check Number 045015 045015 MOORSE, RONALD J. Totals Check Number 045015 Check Number 045016 045016 VEE« LINDA S. Totals Check Number 045016 Check Number 045017 045017 KUEHN, THOMAS M. Totals Check Number 045017 Check Number 045010 045018 OLSON, RONALD J. Totals Check Number 045018 Check Number 045019 045019 PETTIT, SANDRA K. Totals Check Kumber 045019 Check Number 045020 C45020 ANDERSON, BRUCE L. Totals Check Number 045020 Check Date O7-Oct-90 07-Oct-99 O7-Oct-90 07-Oct-98 O7-Oct-90 07-Oct-98 O7-Oct-90 07-Oct-98 O7-Oct-90 Page 1 Check Amount 442.81 442.81 504.18 504.18 658.70 650.70 1,470.03 1,470.03 1,005.40 1,005.40 950.79 950.79 14.96 14.96 738.83 730.83 291.15 291.15 k 7 Oct 1998 Wed 8:37 AM Check Register City of Orono Check Number Employee Name Check Number 045021 045021 BOBCIEN^ SUE A. Totals Check Number 045021 Check Number 045022 045022 BORIS. SCOTT W. Totals Check Number 045022 Check Number 045023 045023 CARLSON, MICHAEL B. Totals Check Number 045023 Check Number 045024 045024 CHESWICK, GARY B. Totals Check Number 045024 Check Number 045025 045025 CORNICK, JAMES L. Totals Check Number 045025 Check Number 045026 045026 DEMBOUSKI, JAY C. Totals Check Number 045026 Check Number 045027 045027 -..ICKSON, KURT R Totals Check Number 045027 Check Number 045028 045028 PARNIOK, CORREY L. Totals Check Number 045028 Check Number 045029 045029 FISCHENICH. DAN T. Totals Check Number 045029 Check Number 045030 Check Date 07-Oct-99 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 Check Amount 636.38 636.38 986.28 986.28 153.67 153.67 1.577.12 1.577.12 1,161.07 1,161.07 1,162.14 1,162.14 1,250.82 1,250.82 1.092.52 1.092.52 1,144.21 1,144.21 Page 2 7 Oct 1998 Wed 8:37 AM Check Register City of Orono Check Number Employee Name Check Number 045030 045030 FISCHER, CHRISTOPHER K. Totals Check Number 045030 Check Number 045031 045031 HANSING, CAROL J. Totals Check Number 045031 Check Number 045032 045032 JOHNSON, BRADLEY P. Totals Check Number 045032 Check Number 045033 045033 KNOLLENBERG, KRISTIN L, Totals Check Number 045033 Check Number 045034 045034 MCNALLY, STEVEN A. Totals Check Number 045034 Check Number 045035 045035 MCNICHOLS, DAVID L. Totals Check Number 045035 Check Number 045036 045036 NOROWCZYNSKI, JAMES Totals Check Number 045036 Check Number 045037 045037 PERSELL, WILLIAM R. Totals Check Number 045037 Check Number 045038 045038 SCHOENHOFF, JOHN B. Totals Check Number 045030 Check Number 045039 Check Date 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 Page 3 Check Amount 1,089.93 1,089.93 332.61 332.61 1,281.74 1,281.74 684.91 684.91 995.09 995.09 832.06 @32.06 1,508.29 1,508.29 430.24 430.24 1,339.04 1,339.04 J i i 7 Oct 1998 Wed 8:37 AM Check Register City of Orono Check Number Employee Name Check Number 045039 045039 TOMCHECK, LAWRENCE F Totals Check Number 045039 Check Number 045040 045040 TOMCZYK, MARK W. Totals Check Number 045040 Check Number 045041 045041 FOLEY, PATRICK B. Totals Check Number 045041 Check Number 045042 045042 JOHNSON, JEFFREY U. Totals Check Number 045042 Check Number 045043 045043 WITTKE, ANTHONY A. Totals Check Number 045043 Check Number 045U44 045044 GAFFRON, MTCHAEL P. Totals Check Number 045044 Check Number 045045 045045 GAPPA, GREGORY A. Totals Check Number 045045 Check Number 045046 045046 OMAN, LYLE B. Totals Check Number 045046 Check Number 045047 045C47 VAN ZOMEREN, ELIZABETH Totals Check Number 045047 Che:> Number 045048 Check Date 07-oct-:;8 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 Page 4 Che*:k Amount 338.16 338.16 1,2?5.37 1,235.37 15.08 15.08 595.31 595.31 217.09 217.09 1,117.41 1,117.41 1,424.26 1,424.26 122.15 122.15 1,112.53 1,112.53 r I N 7 Oct 1998 Wed 6:37 AM Check Register City of Orono Check Number Employee Name Check Number 045748 045048 VANG« BRUCE L Tutals Check Number 045048 Check Number 045049 045049 WECKNAN, STEPHEN J Totals Check Number 045049 Check Number 045050 045050 WEINBERGER, PAUL E. Totals Check Number 045050 Check Number 045051 045051 BRINKHAUS, JOHN F. Totals Check Number 045051 Check Number 045052 045052 DEBAERE« DONALD L. Totals Check Number 045052 Check Number 045053 045053 GREGORY, JAMES D. Totals Check Number 045053 Check Number 045054 045054 HANSEN, STEVEN C. Totals Check Number 045054 Check Number 045055 045055 OBERAIGNER. SCOTT G. Totals Check Number 045055 Check Number 045056 045056 OBRIEN, RANDY L. Totals Check Number 045056 Check Number 045057 Check Date 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 07-Oct-98 0*-Oct-98 07-Oct-98 Page 5 Check Amount 976.33 976.33 29.68 29.68 759.06 759.06 1,055.63 1,055.63 1,025.50 1,025.50 614.97 614.97 708.06 708.06 603.67 603.67 179.95 179.95 r 7 Oct 1998 Wed 0:37 AM Check Register City of Orono Check Number Employee Name Check Number 045057 045C57 P\LMBR, GREGORY A. Totals Check Number 045057 Check Number 045058 045050 RATHBUN, BARRY J. Totals Check Number 04505B Check Number 045059 045059 SKREEN, DALE S. Totals Check Number 045059 Check Number 045060 045060 DELANEY, JANE Totals Check Number 045060 Check Number 045061 045061 DOCKEN, THOMAS W. Totals Check Number 045061 Check Number 045062 045062 MCINTYRE, WILLIAM E Totals Check Number 045062 Check Number 045063 045063 OAS, DANIEL 0 Totals Check Number 045063 Check Number 045064 045064 PETERSON, JACK W Totals Check Number 045064 Check Number 045065 0450C^ RAICHE, VICTORIA H. Totals Check Number 045065 Check Number 045066 Check Date O7-Oct-90 O7-Oct-90 O7-Oct-90 07-Oct-98 O7-Cct-90 07-0ct*98 07-Oct-98 O7-Oct-90 O7-Oct-90 Page 6 Check Amount 941.34 941.34 996.75 996.75 625.85 625.85 38.47 30.47 439.25 439.25 143.41 143.41 186.63 186.63 303.73 303.73 t,..90 93.90 : I I j 4 /i 7 Oct 1990 W^d 8:37 AH Check N.mber Employee Name Cneck Number 045066 C45066 ROSS, JOHN A. Totals Check Number 045066 Check Register City of Orono Page 7 Check Date 07-Oct-98 Check Amount 130.16 130.16 Check Number 045067 045067 STEFFENHAGEN, RONALD E. Totals Check Number 045067 07-Oct-98 1,054.36 1,054.36 Check Number U45068 045068 YEAGER, DONALD C. Totals Check Number 045068 07-Oct-98 128.93 128.93 Grand Total 40,947.96 r I i * t i • ! » 7 Oct X990 Hed 9:1$ AM Check Register City of Orono Check Number Date Name Check Number 57300 57300 CITY COUNTY CREDIT UNION O7-Oct-90 CITY COUNTY CREDIT UNION Totals Check Number 57300 CITY COUNTY CREDIT UNION Check Number 57301 FIRST NATIONAL BANK OF LAKES 57301 57301 57301 O7-Oct-90 O7-Oct-90 O7-Oct-90 FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 57301 FIRST NATIONAL BANK OF LAKES Check Number 57302 GREAT NEST LIFE ASSURANCE CO. 57302 O7-Oct-90 GREAT WEST LIFE ASSURANCE CO, Totals Check Number 57302 GREAT WEST LIFE ASSURANCE CO, Check Number 57303 HENNEPIN CO. SUPPORT k COLL 57303 O7-Oct-90 HENNEPIN CO. SUPPORT k COLL Totals Check Number 57303 HENNEPIN CO. SUPPORT k COLL Check Number 57304 HENNEPIN COUNTY SUPPORT k COLL 57304 O7-Oct-90 HENNEPIN COUNTY SUPPORT k COLL Totals Check Number 57304 HENNEPIN COUNTY SUPPORT k COLL Check Number 57305 ICMA RETIREMENT TRUST - 457 57305 O7-Oct-90 ICMA RETIREMENT TRUST - 457 Totals Qieck Number 57305 ICMA RETIREMENT TRUST - 457 Check Number 5730$ LAW ENFORCMENT LABOR SERVICE 5730$O7-Oct-90 LAW ENFORCMQIT LABOR SERVICE Totals Check Number 57306 LAW ENFORCMENT LABOR SERVICE Check Number 57307 MN DEPT OF REVENUE 57307 O7-Oct-90 MN DEPT OF REVENUE Totals Check Number 57307 MN DEPT OF REVENUE Check Number 57300 MN MUTUAL LIFE 57300 O7-Oct-90 MN MUTUAL LIFE Totals Check Number 573C8 MN MUTUAL LIFE Transaction Amount 7,409.00 7,409.00 3.301.01 3.301.01 7.705.1$ 14.540.70 950.$0 950.60 0.00 0.00 179.51 179.51 225.00 225.00 0.00 m m m m 0.00 3.366.00 J.366.00 745.30 745.30 Page 1 Comments SAVINGS W/H k TRANSFERRED FICA k MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H THOMTON #CO26670O SKREEN #0010755723 DEFERRED COMP W/H UNION DUES WH STATE TAX W/H DEFERRED COMP W/H 7 Oct 1998 Hed 9:16 AM Check Humber Check Humber 57309 Check Register City of Orono Date Name 57309 MH STA-re RETIREMENT-DEF COMP 07-Oct-98 MN STATE RETIREMENT-DEF COMP Totals Check Humber 57309 MN STATE RETIREMENT-DEF COMP Check Number 57310 57310 PEBSCO/OBRA 07-Oct-98 Totals Check Humber PEBSCO/OBRA 57310 PEBSCO/OBRA Check Humber 57311 57311 PBBSCO/US CONF OF MAYORS 07-Oct-98 Totals Check Number PBBSCO/US CONP OF MAYORS 57311 PEBSCO/US COfT OP MAYORS Check Humber 57312 57312 57312 PERA 07-Oct-98 07-Oct-98 Totals Check Number PERA PERA 57312 PERA Check Number 57313 57313 UNITED WAY 07-Oct-98 Totals Check Number UNITED WAY 57313 UNITED WAY Transaction Amount 227.00 227.00 243.50 243.50 2.254.35 2.254.35 4,379.62 5,747.17 10,126.79 30.00 30.00 Page 2 Comments DEFERRED COMP W/H OBRA DEFERRED COMP W/H USCM DEFERRED COMP W/H PERA EMPLOYEE W/H PERA CITY SHARE CHARITY DONATIONS W/H Grand Total 40.305.99 j INFORMATION ITEMS COUNCIL MEETING COUNCLMEEnNQ DCT 1 2 M98 CUVOPC.'tONO OF r-C OUr< OCT .1 2 1998 cm' or- onovo OCTOBER MEETING CANCELED ''I'MZD n ■; 1998 0* • • • -»'■»Ci\'0 The October meeting is canceled due to not having the construction limits complete. Our tentative schedule is as follows: Construction limits and layout complete in three weeks. We will mail the layout to the cities to begin the layout approval process. The cities will have up to 120 days to express their approval or disapproval. I will also send a copy to the members of the TH 12 DRC, which will allow you time to review before the next meeting and come prepared with comments. The public hearing will be scheduled sometime between 90 and 120 days from the date of the layout submittal to the cities and may be earlier at the city ’s request. We thought maybe in December or January, depending on how the review process goes and how many issues need to be resolved. I The EA will is near completion, still working on the 4(0 section and finalizing the figures and tables. I anticipate sending it out for Mn/DOT and FHWA review in two weeks. I have been told it will take about one month for the internal review. After those comments come back we will make any changes and then submit the EA to the cities. The EA has to be submitted to the cities 15 days prior to the public hearing. The timing should work well with the layout review process. I want to thank everyone for their time and input provided to this committee. It says a lot about your commitment to your communities and the environment. I will see you at the next meeting scheduled for: November 4,1998 Orono City Hall 5:30 to 7:30 pm r TH 12 Design l^eview Committee September 2,1998 5:30-7:30 Orono City Hall Attendees: Mike Johnson Nancy Yoo David Larson Ray Cekalla Bruce Polaczyk Lilly McMillan Chris Morrison Dave Dudinsky Richard Peterson Carol Schmidt Mike H-— Jim Murphy Diann Goetten Rose Richter Elmer Pladers Tom OKeefe ITEM: ITEM; Tom called meeting to order at 5:35 p.m. Project Update when fimshed up will require an mtemal review, then we will submit to the cities. Tom went over the process of the project: 1. 2. Mn/DOT will submit layout to the cities (Oct. 1) Between 90-120 days after the layout is submitted, a public hearing is held. The cities may request the public hearing within a shorter time frame. 3. 4. 5. Mn/DOT receives comments from cities and has 180 days to revise and formally adopt the layout. It is not anticipated to take 180 days for Mi/DOT final review and revisions Laj out is sent out to the cities and agencies for final approval Agencies have 120 days to approve or disapprove. approved, it goes to final design. If it is not approved, Mn/DOT can modify it again and agencies have 60 days to approve/disapprove or the layout can go to an appeal board. ITEM: Pedestrian Bridge and Trails Looked at the plans for trails along the whole corridor. Two different options one that runs aLng the existing railroad embankment and connects with Green Glen P^k and the Luce Line Trail, and the alternative north of Co. Rd. 6 running Questions asked from the group: AL r 11 TH 12 Meeting 9-2-98 Page 2 Q. Is the pedestrian bridge at current railroad grade or higher than current railroad grade. A. We will have to build it up by approximately 9 feet. Q. A. What is the possibility of a 2"^ crossing near the Wolf property. Tom assured them that the area they were concerned about almost certainly would not be used for a 2"^ crossing. Q. A. Did Long Lake City Council look at the pedestrian crossing and bike trails? Tom answered, Yes. If the townhouses weren ’t there the bike trails would go straight. ITEM:Construction Staging Tom went through the possible construction staging and pointed out on the layouts. Also pointing out that the railroad can only be closed for a couple of hours, so building as much of the RR grade embankment as possible is necessary. See attached possible staging. NEXT MEETING CANCELED October 7,1998 5:30 PM Orono City Hall Recorder: Carol Slipy ♦ « S.P. 2713-75 (TH 12) PAGE I POSSIBLE STAGING 9-2-98 RDR YEAR I SI 9,500.000 PERMANENT CLOSURE - MAY ST AND WATERTOWN RD TEMPORARY CLOSURE - WILLOW DR I. MOVE LIFT STATION NEAR FLEMING POND 2. CONSTRUCT SOUTHERN RETAINING WALLS 3.RAILROAD GRADING. EXCLUDING: - RAILROAD CONNECTIONS TO INPLACE RAILROAD • BROWN RD - OLD CRYSTAL BAY RD 4. CONSTRUCT SOUTH FRONTAGE RD 5. CONSTRUCT TEMPORARY WILLOW DR AND BRIDGE 6. RECONSTRUCT LUCE LINE BRIDGES AT NEW 12 AND INPLACE 12 7. BEGIN CONSTRUCTION OF BROWN RD AND BRIDGE 8. CONSTRUCT PROPOSED PARK AND RIDE LOT AND RELOCATED LONG LAKE CITY HALL YEAR 2 $7,000,000 TEMPORARY CLOSURE - OLD CRYSTAL BAY RD, BROWN RD, AND LAKE ST 1. RAILROAD GRADING AT OLD CRYSTAL BAY RD AND BROWN RD 2. RAILROAD TRACK CONSTRUCTION, EXCLUDING WEST AND EAST RAILROAD CONNECTIONS 3. railroad GRAOrNG AND TRACK. CONSTRUCTION AT WEST AND EAST RAILROAD CONNECTIONS 4. MOVE RAILROAD 5. CONSTRUCT TEMPORARY RAILROAD CROSSING EAST OF BROWN RD 6. RECONSTRUCT IN PLACE 12 AT BROWN RD 7. COMPLETE CONSTRUCTION OF BROWN RD AND BRIDGE r i i S.P. 2713-75 (TH 12) PAGE 2 POSSIBLE STAGING 4 • * 9-2-98 RDR YEAR 2 (CONT) 8. RECONSTRUCT OLD CRYSTAL BAY RD AND BRIDGE 9. CONSTRUCT CONNECTION FROM LAKE ST TO DANIELS ST RE-OPEN OLD CRYSTAL BAY RD, BROWN RD. AND LAKE ST REMOVE TEMPORARY RAILROAD CROSSING YEAR 3 $2I.000,ooa I TEMPORARY CLOSURE - WILLOW DR I. CONSTRUCT NORTHERN RETAINING WALLS 2. CONSTRUCT NEW 12, EXCLUDING CONNECTIONS TO INP 12 3. RECONSTRUCT WILLOW DR AND BRIDGE 4. CONSTRUCTION ALONG INP 12 - MAY ST TO GLENMOOR LN 5. CONSTRUCT BRIDGE FROM EB INP 12 TO EB NEW 12 IN WAYZATA 6. CONSTRUCT ROADWAY FROM INP 12 TO NEW CO RD 6 IN ORONO 7. CONSTRUCT RAMP AND LOOP FOR NEW INTERCHANGE IN ORONO 8. RECONSTRUCT CO RD 6 REOPEN WILLOW DR YEAR 4 $6.500,( 1. COMPLETE CONSTRUCTION OF WEST CONNECTION AND CO RD 6 2. CONSTRUCT EAST CONNECTION AND WAYZATA BLVD 3. CONSTRUCT PEDESTRIAN BRIDGE IN LONG LAKE 4. MISCELLANEOUS TOTAL S54.000.000 LMCC DEEPHAVEN EXCELSIOR GREENWOOD LONG LAKE MINNETRISTA ORONO ST. iONIFACIUS SHOREWOOO SPRING PARK TONKA BAY VICTORIA WOODLAND ;?2°47««0■ COUNCIL • OCT 1 2 1^98 CITY r.iOctober 5, 1998 Mayor Gabriel Jabbour and City Council Members City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mayor Jabbour and Council Members: The Lake Minnetonka Communications Commission (LMCC) passed the enclosed budget figures for 1999, at its full LMCC meeting on September 22, 1998. RSCSiVED OCT 0 6 1998 Ci l Y UH OriCiN’O MEDINA . ^ ^ we have scheduled a timed item on your city council agenda, which is set for October 26,1998 at 8:00pm, to talk for a few minutes about the LMCC budget and MINNETONKA cuiTent/future challenges. At that time, any questions you may have regarding the LMCC BEACH future plans or an explanation of any budget figures can be explained. As always, we look forward to appearing before you, to talk about the achievements of your Lake Minnetonka Communications Commission. Sincerely, Lake^imetonka Communications Commission i^in Thies Administrator Enclosure cc T. Pattrin, LMCC Chair ^ederick Blanch, Commissioner v^on Morse, City of Orono Franchise Fees Odicr TriaX'Nordi Studio Aoces Support - PEG Fee Interest Contingency Fund (only if needed) Administrator, Access & Office Staff Secretarial Service Pl^rdl Taxes/PERA Travd Expenses Health Insurance Legal Fees Insuranoe/Bonds LMCC Aoeounting/ Annual Review Conf, Schools & Conventions Offioc/Studio Supply Janitor Serv/Supply Membership Dues/ LAKE MINNETONKA COMMUNICATIONS COMMISSIONPROPOSED 1999 BUDGET APPROVED BY LMCC 9-22-98Proposed Budget for 1999 Ba^et for 1998 Change %ChangeINCe>ME$160,000.00 0.00 52,200.00 4,000.00 $216,200.00 $155,702.69 $176,262.69 + $4,297.31 -(2000.00) 52,200.00 0.00 39,937.31 OPERATING EXPENSES 4,000.00 1,500.00 4,000.00 1,500.00 0.00 0.00 23% QES 0% 0% => Payroll for Admin., Prod. Coord., Studio Coord., PT Prod. Asst.’s A Admin. Asst => Payroll Services PERA A employer w/holding contribution LMCC visibility at all cities, MACTA, North Studio A errands => Amt. attributed to employee healdi ins. => Rate reg^fiandiise renewal/l^al counsel => Workers Comp., Dishonesty Bond, Property Liability ^ Bookkeeping A annual audit => NATOA, MACTA, NFLCP => Normal office/studio supplies, copy madiine agree- moit & janitor service and supplies => NATOA, MACTA, magazines and 4 local i n V -■ -1 !'»»» Ml- » PAGE 2LAKE MINNETONKA COMMUNICATIONS COMMISSION PROPOSED 1999 BUDGET - CONTINUEDPropeaedBudgetChangeBudgetfor 1998for 1999.' » • I» »i •^oioe Postage^ Box ffiaoeUimeous Adv«rtiiifig/Promo Four Quarterly Newdetten Office Equipment Office Rent Equipment Maint ftRepair Sales Tax OPERATING SUB-TOTAL OPERATING EXPENSES (continued)$ 2330.00 0.00 11.500.00 20.700.00 LOOOJIO fl7«,( $ 2,330.00 LOOO.OO $151,862.69 + $0.00 $26,737.31 Liaangc0% 18% DESCRIPTIONMonthly diarges/answering service LMCC agendas/correspondence, ft PO Box Rental Varies Four quarterly newsletters to all intoested cities, direct mail promos, Triax bill stufTers, Annual Ch. 21 Awards, wd> page, etc. Office Rent ft Bank Box Now responsible for gli equipment, (including former Triax equipment). Based on 6.5% of taxable purchases '^*41 Capital Funds Fnmchiae Renewal Find Tape Stock Technical/Financial Rate Audit Studio Equipment Legal Fund Office Equipment Access Equipment Aooesa/Development Contingenqf Sales Tax SreCIAL FUNDS SUB-TOTAL OPERATING FUNDS SUB-TOTAL GRAND TOTAL PAGE 3LAKE MINNETONKA COMMUNICATIONS COMMISSION PROPOSED 1999 BUDGET - CONTINUED Fnposed Budget Change % Budget for 1998 Change far 1999 SPECIAL FUNDS 0.00 1,000.00 400.00 2,500.00 5,000.00 500.00 3.500.00 12.500.00 11,000.00 200.00 1.000.00 $37,( $178,600.00 $216,200.00 0.00 1,500.00 300.00 2,500.00 2,500.00 100.00 1,000.00 5,000.00 11,000.00 0.00 500.00 $ 24,400.00 $151,862.69 $17632.69 0.00 (-500.00) 0.00 0.00 2,500.00 400.00 +500.00 0.00 0.00 200.00 500.00 13,200.00 $26737.31 + $39,937.31 0% 0% 0% 0% 1 400% 250% 150% 200% 100% 54% 18% DgS Expenses involved in follow-up on renewal. Replacement of videotape for production Future audit if needed Replace studio hardware, less portable equipment Future unforeseen legal expenses Replace / purchase new office equipment => Cameras, porta-pack, misc. for more city council meetings, community programming. Coverage of dty council mtgs., film development DeWolf Audio, playback fiKilities, capital expenditures. Based on 6.5% of taxable purchases 23% Budgat9^pub ' ?■ \ J