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HomeMy WebLinkAbout04-23-2001 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 23, 2001, 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 new the sign in sheet. ROLL CALL CONSENT AGENDA Croats IA=enNB � LL 1. Approve/Amend APR 2 3 20M 4 PUBLIC HEARING CITY OF Urtoho 2. James Anderst proposal for a Music Festival APPROVAL OF MINUTES • 3. Regular Council Meeting of April 9, 2001 PARK COMMISSION COMMENTS - Pauline Bouchard, Representatives PLANNING COMMISSION COMMENTS - Jeanne Mabusth, Representative LMCD COMMENTS - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Penon) ZONING ADMINISTRATOR'S REPORT • 4. #01-2664 Mitch and Kim Olson, 3265 Carman Road - Variances - Resolution • 5. #01-2673 Gary Germundsen, 4101 Highwood Road - Variances - Resolution • 6. #01-2669 Richard J. Wert, 1396 Baldur Park Road - Variance - Resolution 7. #01-2672 Jim & Sharon Walker, 2685 North Shore Drive -Conditional Use Permit- Resolution MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT CITY ADMINISTRATOR'S REPORT 8. Sprint Proposal for Telecommunication Antenna 9. Resolution calling for a public hearing on a housing program and housing prograrn and a TEFRA hearing cu the issuance of 501 (c) (3) bonds for the Orono Woods Housing project ,,-to. Year Ending December 31, 2000 - Investment Report A 11. Request for Authorization to Dispose of Used Squad Can • 12. Fleming Trail Covenant Amendment AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 23, 2001, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT • 13. LICENSES Special Events Solicitor Permits s- 14. BILLS UPCOMING ISSUES AND EVENTS am. 05/07 -Park Meeting, 7:15 p.m. 05/14 -Council Meeting, 7:00 p.m. 05/21 -Planning Commission. 6:30 p.m. 05128 - HOLIDAY, Memorial Day Observance 05/29 - Council Meeting, Tuesday, 7:00 p.m. ADJOURNMENT PUBLIC ATTENDANCE MEETING DATE I COUNCIL ❑ PLANNING COMMISSION PLEASEFILLOGTTHFINFORNIATIONREQUESTED ❑ PARK COMMISSION BELOW FOR OUR CITY RECORDS. ❑ OTHER PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1i4ylkP 13. uunw.rw�.w�oonuar�cx..n ^gym^a aorETINO 4pR 2 3 2WO REQUEST FOR COUNCIL ACTION vdY OF OROIVU DATE: April 20, 2001 ITEM NO: a Department Approval: Administrator Reviewed: Agenda Section: Name Ron Momse City Administrator's Title City Administrator ll� Report Item Description: James Anderst Request for Special Event Permit for a Music Festival BackgCmR1i At the regular Council meeting of April 9, 2001, James Anderst presented a proposal for a music festival to be held in the Navarre public parking lot. The Council was supportive of the general concept, but identified a number ofconcems and unanswered questions. The concerns related to the need to manage traffic, parking, security, and the impacts on the surrounding residents and businesses. The unanswered questions were the number of people needed to attend the festival in order to make the event work financially, the specific layout of the activities, i.e. stage, food booths, beer tent, etc. in the festival area; the number of people the festival area could safely accommodate, and the plan for providing sufficient parking to accommodate those attending the festival. Council Direction The Council directed Mr. Anderst to meet with the Police Chief to address the Council's concerns, as well as any additional concerns the Police Chief may have, and to come back to the Council at its April 23 meeting with a refined proposal. The Council also directed staff to notify the affected residents and businesses of the area that the Council would be considering the proposal at its April 23 meeting, and to invite them to provide their input regarding the proposal at the meeting. Meeting With Police Cbigf Mr. Anderst has met with the Police Chief and City Administrator regarding the proposal. Mr. Anderst indicated, if two thousand people attended the festival over the two days, the festival would be a success. Depending on how that level of attendance was spread out during each day, it could be workable. Additional planning is needed to determine a "worst case scenario" in terms of the number of people who would be on the site at any one time, and to determine whether the site could accommodate that number. This worst case scenario would also be used to determine the number of parking spaces that need to be provided. Chief Good indicated that these types of festivals are normally planned and organized by a committee of people, and suggested that Mr. Anderst recruit a group of people to assist him with the large number of tasks that will need to be accomplished to prepare for the event, to ensure it runs smoothly, and to clean up after the event. Mr. Anderst was also provided with an enlarged map of the parking lot to enable him to layout the various activities on the site in greater detail. Notification of Residents and Businesses Letters have been sent to the affected residents and businesses in the area, inviting them to attend the April 23 meeting to provide their input to the Council regarding the festival proposal. Staff Recommendation: Staff recommends that the festival be planned conservatively to avoid major problems caused by traffic congestion and people congestion. It is important that any approval include the following conditions: 1. The maximum number of people to be allowed on the site at any one time is to be determined by the Police Chief or her designee. 2. Mr. Anderst must demonstrate that he has secured sufficient parking to accommodate the maximum number of people to be allowed at the event at any one time, and that he has a workable plan for transporting people between the parking areas and the festival. 3. The plan and staffing for security and traffic control must be approved by the Police Chief. 4. Mr. Anderst must provide insurance coverage adequate to protect the city against all claims related to the festival and the use of the City's parking lot for the festival. 5. Mr. Anderst must provide an acceptable plan for the cleanup of the parking lut and adjacent properties after the event. COUNCIL ACTION REQUESTED: Motion regarding Mr. James Anderst's request for a Special Event Permit to hold a music festival in the Navarre public parking lot on August 25 and 26, 2001; with conditions, if desired. 3 ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 ROLL The Council met on the above -mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jay Nygard. Richard Flint, and Bob Sansevere. Representing staff were City Administrator Ron Mocrse, Planning Director Michael Gaffron, Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, and Recorder Alissa Wintemheimer. City Attorney Tom Barrett and Public Services Director Greg Gappa were absent. Mayor Peterson called the meeting to order at 7:02 p.m. Cnrn.... •,cFTINd CONSENT AGENDA APR 2 3 2OW CITY k vnuvV 1. ApproveJAmend Items 5, 7, 8, 9, and 10 were added to the Consent Agenda. Sausevere moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes S, Nays 0. PRESENTATION 2. Navarre Business Owners Presentation Regarding Community Festival James Anderst of 2520 Arcola Lane, owner of the Narrows Saloon, stated that he would like to put on a music festival in the parking lot of the Narrows Saloon in conjunction with the Dog Days of Navarre on August 25, and 26, 2001 from noon to 8:00 p.m. Other local businesses supported the festival and had agreed to sponsor booths at the outdoor concert. Wealth Enhancement would sponsor the beer tent, First National Bank of the Lakes would sponsor the stage, Culvers would sponsor an ice cream truck, and the Chamber of Commerce would provide free popcom and pop. Mr. Anderst stated he has spoken to all the local businesses and had a petition of support with a number of signatures that he passed out to the Council. F tated he was also canvassing the neighborhood, asking for support from residents. Mr. Anderst stated that music would be projected away from the neighborhood. He also stated most of the parking in his lot would be available to attendees. He planned to donate 50% of the profits to the City's Parks Commission. He had already checked with his insurance company to make certain the event would be covered under the Saloon's policy. Mr. Anderst stated the beer tent would not damage the parking lot in any way. He would like to have some uniformed officers present as security. He plans to have four ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 2. Navarre Business Owners Presentation Regarding Community Festival —Continued different colored wristbands identifying of -age and under -age concertgoers on each day. Some police had offered to volunteer their personal time to serve beer, Judy Shields of Daghmer's Unique Stuff stated that she was in favor of seeing uniformed officers at the event as security. Rick Meyers, of 2195 Bayview Place, staled that he supports the planned concert, but doesn't feel it would be appropriate for off -duty police to serve beer because it would present the wrong image for law enforcement officers. Mayor Peterson asked if Mr. Anderst had a plan for inclement weather. Mr. Anderst stated he did not have an alternate location for poor weather and will only be bookine the scheduled bands for August 25's and 261b. He stated he was booking LaMont Cranston, Mick Sterling, The Power of Ten, and Texas Red for his festival. Sansevere asked if he would have off -site parking available. Mr. Anderst stated he had talked to the bowling alley, bank, and liquor store. He also planned to talk to the Freshwater Institute about using their parking. Gary Marquardt, of Casco Point, stated that his only concern was that the festival would draw more people than it was equipped to handle. Mr. Delaney of First National Bank of the Lakes, suggested that local businesses sell tickets in advance of the festival to limit the numbers. Mr. Anderst stated that each of the bands coming to the festival had previously played in the Saloon, and they did not draw unmanageable crowds. He advertises in the Lakeshore and City Pages every week. He asked if people would be allowed to park on one side of city streets. Mayor Peterson stated they would have to check with the Fire Department to determine whether the streets would be wide enough for emergency vehicles. Mr. Anderst and the Council discussed the possible crowd sin and the necessary controls. The Council requested that Mr. Anderst determine the minimum number of people he would need to attend to make the festival cost effective, the maximum number of people the space could accommodate, and the number of parking spaces he can make available for people. They requested he keep in mind fire codes and safety issues. The City Planner indicated he would need at least one parking space for every four people at the festival, in addition to allowing some parking for neighboring businesses. The Council stated that they would have to consider the neighbors' concerns, fire and safety issues, and would need Police Chief Good's input. Mr. Anderst stated he would go ahead and book the bands, assuring the Council that all concerns would be addressed satisfactorily. ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 3. Teens Alone Funding Request Lydia Kihm, ExeLutive Director of Teens Alone, stated that she was requesting $800.00 to fund the Teens Alcne program She stated it was their second year in the Orono school district, but this wss the first time they had requested funding. The program serves children ages 10 — 18 and their families. They have served 40 Orono children, and four of sixteen board membnm are Orono residents. They serve people in the Eden Prairie, Hopkins, Orono, St. Louis F. attd %Vay»ta school districts. They are not part of the County or the school distrio. About L. of their ca,:s were already involved with the . unty's social services and they do report abuse cases to the County. Sansevere moved, and White seconded, to grant funding to Teens Alone in the amount of $800.00, and to adjust the General Fund budget to reflect the expenditure. Vote: Ayes 5, Nays 0. APPROVAL OF MINUTES `4. Regular Council Meeting of March 26, 2001 Sansevere moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of March 26, 2001. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS —DREW MCDERMOTT, REPRESENTATIVE McDermott stated that the Parks Commission had discussed the public access areas such as fire lanes, and would like a work session with the Council on the matter. They were still looking for a representative to the Orono Community Sports Association and he hoped their new Commission member would fill the role. PLANNING COMMISSION COMMENTS —SANDY SMITH, REPRESENTATIVE None. PUBLIC COMMENTS Tim Line, of 4415 Forest Lake Landing, stated he was following up with the Council on their previous meeting. He stated he would like the City to raise standards for all residents ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 Public Ccmments—Continued in Orono, not just new residents. He felt the residents who did not respect the City ordinances should be prodded by the City, and then ticketed. He requested the Council endorse work to raise awareness of existing ordinances. Mr. Line mentioned that he felt boats should be kept out of view from neighbors. Sansevere stated that he felt Council should review the boat storage ordinance, but he would favor more leniency in the ordinance. Mr. Line stated that he did not like seeing yachts puked in people's front yards and felt that he and his wife Lorie were forced to act as the "ordinance police" each time they complained. He stated that people who spent money to improve their property, and therefore came to the City for permits, were being forced to jump through hoops, but others, who did not invest in their property, were allowed to keep their property in a poor, or unrespectable, condition without interference. Sansevere stated he agreed with Mr. Line regarding certain issues, but he did not have a problem with people parking their boats in their yards. Mayor Peterson stated that if people were forced to store their boats off their property, it could become cost -prohibitive for some people to own boats. White suggested that Mr. Line meet with staff, and reminded Mr. Line that his neighbors had approved of the variances he ter sted when building his house. ZONING ADMINISTRATOR'S REPORT 15. 02644 Gary and Joan Marquardt, 2617 Casco Point Road —Variances — Resolution No. 4641 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4641 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit 3,710 s.f. (27.3%) hardcover in the 75-250' lakeshore setback; Section 10.63, Subdivision 14(C) to permit 2,961 s.f. (16,9%) lot coverage by structure; Section 10.25, Subdivision 6(B) to permit an encroachment into the side setback 5' from the side property line for construction of a 24' x 26' attached garage, where a 10' side setback is required and to permit the garage addition 27' from the front property line where a 30' setback is required; and Section 10.25, Subdivision 6(B) to permit an encroachment into the side setback 2.64' from the side proper. line to permit the addition of a second story above the existing residence within the required 10' side setback. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 6. #01-2663 CPV Development Company, LLC" 4100 Watertown Road and 505 Orchard Park Road —Class HI Preliminary Subdivision —Resolution No. 4642 Craig Alshouse was present representing CPV Development Company. Weinberger stated that the applicant was requesting approval for a preliminary subdivision of a 37-acre parcel located at Watertown and Orchard Park Roads. Approximately 2 acres of the property is classified as wetlands. Proposed is a 6 lot residential plat. Four lots would be served by a private road. Proposed Lot 5 has access to Watertown Road and contains the primary house, a horse barn and riding arena. Lot 6 has a house located on the front property line and has access to Orchard Park Road. Both houses, the barn, and riding arena are proposed to remain on the properties. The horse barn and riding arena are Oversized Accessory Structures (OAS). The Planning Commission recommended the arena and barn should be subject to a restrictive covenant that would limit the future use or expansion of the buildings, limit their use to the keeping and raising of livestock and storage of "horse farm" equipment, and no commercial use of the structures should be permitted without a conditional use permit. Approval would require the following variances: to permit 2 OAS where I is allowed, to permit 2 OAS larger than the 3,000 s.f maximum, to permit 14,497 s.f. for all accessory buildings where 6,000 is allowed. Also, a variance would be required for the lot width of Lot 2, which fronts a cal de sac and does not meet the minimum 300' lot width for properties in the RR -IA zoning district. Sansevere questioned the size of the horse barn versus the number of horses that would be allowed on the lot. Mr. Alshouse stated that they would not put more horses on lot 5 than allowed for that acreage. If the owner of lot I kept a horse on lot 1, they might use the trail easement to access lot 5 and use the riding arena at the owner of lot 5's discretion. Mr. Alshouse stated that they want to develop the land with a mind to preserving tht wetland and maintaining coral chamt by keeping tFe barn and arena. He stated that the barn is in very good condition and he has an interested buyer who would improve the bam. Flint questioned whether the Park Commission had looked at the application to consider building a trail from Watertown to Stubbs Bay Road. McDermgtt stated there was potential for a trail from Stubbs Bay Road to County Road 6. The Council discussed difficulties with the topography of the land. Flint suggested the Parks Commission look at the proposed development and consider the possibility of a trail. Weinberger stated that on page 4 of 12 in the Resolution, item 17 refers to "the property lines between Lots 1, 4 and 6." and should read "the property lines between lots 3, 4 and 6." On page 7 of 12, item 15 refers to "uses accessory to a horse farm;' and should ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 6. #061663 CPV Developw mt Company, LLC., 4100 Watertown Road one 505 Orchard Park Road —Class 1J/ Preliminary Subdivision —Resolution No. 4641—Continued refer to "uses accessory to livestock purposes." On page 7 of 12, item 18 refers to "Payment of standard Park Dedication Fee," and should read "Payment of standard Park Dedication Fee or land to be determined by the Parks Commission." Sansevere moved, and White seconded, to adopt Resolution No. 4642 approving preliminary plat for properties located at 4100 Watertown Road and 505 Orcha rd Park Road, and owned by CPV Development Company, LLC. subject to the changes noted above. Vote: Ayes 5, Nays 0. MAYORICOUNCIL REPORT White stated that Navarre Park is looking great Mayor Peterson stated that they had a Fire Department meeting April 9' . She risked the Council to reaffirm that Orono's representatives to the committee were Jim Murphy, Charles Kelley, Gabriel Jabbour, and Barbara Peterson. The Council members all agreed. Mayor Peterson directed staff to send a letter to Long Lake listing Orono's representatives to the committee. Flint stated that the last place snow melts away is on the trails because plowed snow is piled on them. He requested the Parks Commission look into getting the Old Crystal Bay Road and Brown Road trails open early. Sansevere stated that, regarding Mr. Line's comments, he did feel the boat ordinance should be reviewed. Stacy Schoenzeit, of 4480 Forest Lake Landing, stated that she has lived in Orono for twelve years. She and her neighbors have been victims of the Lines' intimidation and harassment. She stated she was present because her neighbors requested she come as the eyes and ears of several concerned residents. She stated a neighbor witnessed Lorie Line in her yard, and she has witnessed Ms. Line in other people's yards. She stated that the Lines have taken possession of the fire lane adjacent to their property and placed their dock directly off the lane. Residents who used the fire lane to access the lake for snowmobiling or cross country skiing have been coming through neighbors' back yards because the Lines have made the fire lane unavailable. She stated that the Lines have entered people's properties without permission to take photos as evidence of their complaints for their report to the City. The Lines put letters in neighbors' mailboxes where they interpret the City ordinances. She stated some neighbors are concerned that ORONO CITY COUNCIL MEETING MONDAV, APRIL 9, 2001 MgvorlCouncil Report—Confinued the City will change ordinances bused on the Lines' complaints. She also stated that the Lines only launch complaints against people they do not socialize with. White stated that the Parks Commission has reviewed lake access points, and the Council would pay careful attention to the fire lane adjacent to the Lines' property when they review the Parks Commission report. PUBLIC SERVICE DIRECTOR'S REPORT *7. Revised Assessment for 5 and 15 Brown Road South —Resolution No. 4643 Sansevere moved, and Nygard seconded, to adopt Resolution No. 4643 amending the interest rate and date applied to the Fox Ridge Area Sanitary Sewer Assessment Roll, as established by Resolution No. 4493. Vote: Ayes 5, Nays 0. *8. Golf Course Seasonal Employees Sansevere moved, and Nygard seconded, to approve a seasonal employee pay range of $7.02 to $7.90 per hour for the 2001 season, and to hire the seasonal employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. Vote: Ayes 5, Nays 0. *9. Purchase of Snow Plow Truck and Compactor Sansevere moved, and Nygard seconded, to approve purchase of Public Works replacement Snow Plow Truck from Boyer Sterling Trucks, Minneapolis, MN, with accessories at a total cost of 582,505 to be funded from the 2001 Improvement and Equipment Outlay Fund budget; purchase of Public Works Asphalt Compactor from United Rentals, New Hope, MN, at a total cost of $2,130 to be funded from the 2001 Improvement and Equipment Outlay Fund; a budget adjustment, in the amount of 52,130, to the 2001 Improvement and Equipment Outlay Fund budget for the purchase of an Asphalt Compactor. Vote: Ayes 5, Nays 0. *10. Streetlight at County Road 6/fownline Road Intersection Sansevere moved, and Nygard seconded, to approve installation of a streetlight at the County Road 61Townline Road intersection by Wright Hennepin Electric for a 5200 installation cost and a monthly operational cost of 58.40. ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 *10..Streetlight at County Road 6ITownline Road Intersection --Continued Vote: Ayes 5, Nays 0 CITY ADMINISTRATOR'S REPORT 11. Lease of Property at 3580 Wayzata Boulevard for Agricultural Use Moorse stated that about 40 acres of propeny had been donated to the City and was planned for park use. but was currently not being used by the City. A substantial portion of the property has been fanned for a number of years rent-free, so that the owner would not have to worry about the upkeep of the land. Moorse stated that because the City owns the property it is tax-exempt. But once the City allows someone to pursue a moneymaking endeavor on the land, q loses its tax-exem-i status. The past year's taxes on the land were about S6,000.00. The taxes will increase as the marketability t the land increases. McDermott asked if the City could pay the farmer a nominal fee to maintain the land. The Council directed Moorse to pursue that option. *12. Receipt of the Certificate of Achievement for Excellence in Financial Reporting for the 1999 Financial Report (Information Only) 13. Scheduling of Council Work Session The Council agreed to meet on Thursday. April 19, 2001 at 3:30 p.m. CITY ATTORNEY'S REPORT None. *14. LICENSES None. *15. BILLS Sansevere moved, and Nygard seconded, to approve payment of the All FJnds Account. Vote: Ayes 5, Nays 6. ORONO CITY COUNCIL MEETING MONDAY, APRIL 9, 2001 ADJOURNMENT The meeting was adjoomed at 9:20 p.m. ATTEST: S. Vee, City Clerk Barbara Peterson, Mayor 9 L s<n n can nn. r, »w N•a L M W f a, Wl , w4 �,pw LM �a •fp AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 23, 2001, 7:00 P.M. ORONO COUNCIL CHAMBERS. 2790 KELLEY PARKWAY, ORONO, MINNESOTA (')Asterisk items are considered to be routine items to be eaxted 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 0 Public Packer - located on the counter near the sign in sheeL �2 ROLL CALL �\ CONSENT AGENDA r^n, w• aae:cTINO 1. AppmvetAmend APR i 20 „3 PUBLIC HEARING 2. James Anderst proposal for a Music Festival CITY ..r s+rttg4p e"= APPROVAL OFMO/1PTFS I• 3. Regular Council Meeting of April 9,2001 PARK COMMISSION Cl YDHENTS - Pauline Bouchard, Representatives 400 PLANNING COMMLSSION COMMENTS - Jeanne Mabustb, Representative 5 PUBLIC COMMENTS - (Limit 5 Minutes Per Person) _000 TONING ADMINISTRATOR'S REPORT • 4. #01-2664 Mitch and I(irn Olson, 3265 Camun Road - Variances - Resolution • 5. #01-2673 Gary Gumundsm, 4101 Highwood Rod - Variances - Resolution 6 •6. #01-2669 Richard 1. Wen, 1396 Baldur Park Road -Variance -Resolution 7. #01-2672 Jim & Sharon Walker, 2685 North Show Drive - Conditional Use Permit - Resolution _gpp MAYOR/COUNCIL REPORT 7 PUBLIC SERVICE DIRECTOR'S REPORT _ CITY ADMINISTRATOR'S REPORT S. Sprint Proposal for Telecommunication Anteaoa 9. Resolution calling for a public hearing on a housing program m us] housing program a TEFRA 8 hearing on the issuance of 501 (c) (3) bonds for the Oman Woods Housing project 10. Year Ending December 31,20M- Investment Report _4000 11. Request for Authorization m Dispose of Used Squad Cars • 12. Fleming Trail Covenant Ariendment 9 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 23, 2001, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO. MINNESOTA 24M CITY ATTORNEYS REPORT 10 • fl. 1^ . IFS -2800 ..--.mits 11 14. idle UPCOMING ISSUES AND EVENTS 2001 05/07 -P.:ck Meeting, 7:15 p.m. 05/:4-(xmacil Meeting, 7:00 p.m. Vol -Planning Commission, 6:30 p.m. 05Q8 - HOLIDAY, Memorial Day Observance 05 9- Council Mewing, Taesdoy, 7:00 pm. ADJOURNMENT r!n,.,.r.n ucFTIRr3 Application Date: 2/2101 Completion Date: 22/01 60 Day - Aline: 4/3/01 Ext Deadline: 6/4/01 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planner Item Description: #01-2664 Mitch and Kim Olson 3265 Carman Road Variance APR 2 3 2000 CRY ur VnLvW DATE: 4/23/01 ITEM NO.: ci Agenda Section: Zoning Zoning District: LR-IB One Family Lakeshore Residential District (I acre) Lot Area: 15,679 s.f. (.36 acres) List of Exhibits: A Resolution B Staff Report and Exhibits of 4/16/01 Application Summary: The applicant has proposed to construct a 360 s.f. [(31' x IT) - 12 s.fJ attached garage on the street side of the residence. The garage will be located approximately 36 from the front property line. The garage addition is located in the 75-250' setback zone. Hardcover and structural lot coverage variances are requested. Each currently exceeds the standards and both will be decreased slightly with the proposal. 1. Section 10.03, Subdivision 14 (C): Lot Coverage: To permit a variance to allow lot coverage to be 3,280 s.f. (20.9%) where 3,416 s.f. (21.8%) exists and 2,352 (15%) is allowed. 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): To permit a variance to allow 4,501 s.f. (52.2%) of hardcover in the 75-250' t.�keshore setback, where 4,685 s.f. (54.4%) exists, and 2,152 s.f. (25%) is allowed. 17g.YM Qf1Kt]uVi1C*aG1il The Planning Commission recommended by a 5 to 0 vote to Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolut'. an. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION APPROVING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 2, AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO.01-2664 WHEREAS, Mitchell D. Olson and Kimberlee M. Olson, husband and wife, (hereinafter "the applicants") are the owners of the property located at 3265 Carman Road within the City of Orono (herei-after "the City") and legally described as follows: Lot 5, Block 1, Carman Cove, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances 4o Municipal Zoning Code Section 10.03, Subdivision 14 (C) to allow 3,280 s.f. (20.9"/a) structural lofcoverage where 3,416 s.f. (21.8%) exists and 2.352 s.f (15%) is allowed; Section 10.22. Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow 4,501 s.f. (52.2%) hardcover in the 75-250' setback area where 4,685 s.f. (54.4%) exists and 2,152 s.f. (25°/n) is allowed to permit construction of an attached garage on the street side of the residence. 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 April 16, 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #01-2664. This property is located in the LR-1 B Zoning District, where I acre or 43,560 sT is the minimum lot area. The property consists of approximately .36 acres or 15,679 ST. Page 1 of 6 3. The Orono Planning Commission reviewed this application on April 16, 2001 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is decreasing from 3,416 s.f. (21.8%) to 3,280 (20.9%). B. The hardcover in the 0-75' setback zone is decreasing from 584 s. f. (8.3%) to 288 s.f. (4.07%). C. The hardcover in the 75-250' setback zone is decreasing from 4,685 s.f. (54.4%) to 4,501 s.f. (52.2%). D. The proposed reductions in hardcover and structural coverage are in addition to the areas which were to be removed ay a prior owner under the terms of a prior variance and which the current applicant has agreed to remove. E. The lot is extremely undersized for LR-I B. F. Massing is not an issue. The garage addition is on the street side of the residence and the two adjacent properties will not be adversely affected by the addition. G. The residence was built prior to current zoning standards being adopted 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely sRect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning rode and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and Page 2 of 6 recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.03, Subdivision 14 (C) to allow 3,280 s.f (20.9%) structural lot coverage where 3,416 s.f. (21.8%) exists and 2,352 s.f. (15%) is allowed; Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow 4,501 s.f (52.2%) hardcover in the 75-250' setback area where 4,685 s.f. (54.4%) exists and 2,152 s.f (25%) is allowed to permit construction of an attached garage on the street side of the residence. Approval is subject to the following conditions: I. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. A suitable drainage plan shall be submitted by applicant and approved by City staff prior to issuance of a building permit. All landscape fabric/plastic on the property and decks (as shown on Exhibit A) shall be removed prior to final inspection. Upon completion of the project the hot tub shall be located on the deck adjacent to the pool so as not to constitute a separate item of hardcover. 3. Authorities granted by these variances run with the property not with the applicants. but are permissive only and must be c;<cmised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (April 23, 2002). 4. Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation ofthe zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title c f the property. Page 3 of 6 Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of April, 2001. ATTEST: Linda S. Vee, City Clerk Property Owner (a) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 23rd day of April, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) On this day of , 2001, before me a Notary Public within at.d for said County, personally appeared know - 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 6 STATE OF MINNESOTA Lu COUNTY OF HENNEPIN On this day of , 2001, 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 Page 5 of 6 Exhibit A CERTIFICATE OF SURVEY FOR MITCH OLSON / OF LOT 5. BLOCK 1. CARMAN COVE f� HENNEPIN COUNTY. MINNESOTA a D A :ell JQY- s -INC Alt. LAGOON '� w.n. .... .. e.w .. a ...w rw. .. .arw ,. •.. w w+.. m w r.. «wr. rw..y. COFFIN It ORON11M. INC of cV- a(,6.1 Page 6 of 6 'Zf ee'Cf '115101 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse. City Administrator FROM: Wendy Bonenberg, Zoning Administrator/Planner DATE: April 10, 2001 SUBJECT: #01-2664 Mitch and Kim Olson 3265 Carman Road Variances -- Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (I acre) Lot Area: 15,679 sT (.36 acre) List of Exhibits A Analysis B Application C Site Plan/Survey D Hardcover Calculations E Photos of Property F Location Map G Property Map H Permit Record I Proparty Owner's List Pertinent Code Sections: 1. Section 10.03, Subd. 14(C): Lot coverage: In all zoning districts, for all lots of 0.1.99 acre in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15%of the lot area. To permit a variance to allow lot coverage to be 3,280 s.f. (20.9%) where 3.416 s.f. (21.8s/s) exists and 2,352 (15%) is allowed. 2. Section 10.22, Subd.2 and Section 10.56, Subd.16 (L)(2): Hardcover in 75-250' setback area: To allow 4,501 s.f. (52.2%) of hardcover in the 75-259 lakeshore setback, where 4,685 s.f. (54.4%) exists, and 2,152 s.f. (25%) is allowed. Application Summary: The applicants asked that their application he tabled at the March 19, 2001 Planning Commission meeting. This will be the first time the Planning Commission has reviewed this application. The applicants are proposing to construct a 360 s.f. [(3 F x IT) - 12 s.f J attached garage on the street side of the residence. As a result of discussions with staff, the proposal in front of the Planning Commission is significantly smaller than what was originally submitted. The garage depth has been reduced from the initial submittal and as revised will be located approximately 36from the front 001-2664 Mirth and Kim Olson 3265 Carman Road p'ariances 4110,2001 Page I property line where 35' is required, so a setback variance is no longer needed. Lot coverage and hardcover variances are requested. although each currently exceeds the standards and shows a slight reduction from existing levels. Hardcover The garage addition is located in the 75-250' setback zone. Hardcover in the 75-250' setback zone is currently 4,685 s.f. or 54.4 % (excluding nonconforming rock/plastic which must be removed). The applicants are proposing to remove a large portion of the deck on the lake side of the residence in order to reduce hardcover and structure, and will also be rearranging driveway and sidewalk hardcover. After proposed removals, hardcover in the 75-250' setback zone will be 4,501 s.f. or 52.2'io. Hardcover in the 0-75' zone is also decreasing via removal of deck portions as well as a stairway and some retaining wall sections. Existing legal 0-75' hardcover is 594 s.f. or 8.3 %. Proposed 0- 75'hardcover is249s.for3.5%. Inn0,''AGrt. ''%r-c•._c.t".P�; .i^tr�x" d , n„i_ Structural Coverage The structural coverag_ currently on the lot is 3,416 s.f. or 21.8 %. The garage addition and removal of a portion of the decks will result in structural coverage of 3,280 s.f. or 20.9 %. Of this amount, 12.8% is the existing house and garage addition, while 8.1 % is deck and pool structure which are structure by definition due to their heights above grade, a result of the slope of the site. Prior Applications Three prior owners of this property have made previous zoning applications for the site. This property was granted a variance in 1978 to allow the pool to be constructed 3' from the side lot line. The property v. as again the subject of a variance request in 1985-86, this time for after -the - fact decks. The owner constructed decks around the pool area and along the lake side of the house without permits. The result of that variance approval was a requirement to remove portions of the new decks, while certain segments of deck were considered as non -hardcover due to height above ground, board spacing and permeable grass below (a quirk in Orono's hardcover policies that lasted only for a year or two in the mid- 1980s). A third application was approved in 1997 for a CUP to reconstruct retaining walls in the 0-75' zone. The current survey when compared to the approved 1985 deck plan shows that the required deck removals were apparently never completed by the then property owner, although the decks were inspected in 1986. The current owners will be removing the unapproved portions of deck as well as additional portions, as part of the current request. Note that the deck segments approved as non -hardcover in 1985 are considered as hardcover under current code, and have been included in the hardcover calculations. a01-2664 M,erh and K,m Oh. 3265 Cwmun Rood vwiancea 411012001 Page 2 Statement.. f Hardship The applicants have included their statement of hardship in Exhibit B. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. Massing is not an issue in this proposal in staffs opinion. The garage addition is on the street side of the residence and the two adjacent properties will not be adversely affected by the addition. 2. The lot is undersized for the LR- I B zoning district. 3. The residence was built well before current zoning standards were adopted. 4. The applicant is proposing to remove structure on the lakeside of the property reducing hardcover in the 0-75' and a portion of the driveway reducing the hardcover in the 75-250' setback area. 5. Can the applicant confirm that the portions of retaining walls to be removed are not necessary for drainage or erosion control on the site? 6. Does the Planning Commission have additional issues ur concerns with this proposal? Staff Recommendation: The applicants have made a good faith effort to reduce the size of the garage addition and bring the decks into conformity with the prior approvals. Although hardcover and lot coverage still will greatly exceed City standards, the applicants' proposal does result in slight reductions of hardcover and lot coverage when compared to the legally existing levels. Planning Conanission must determine whether the proposed reductions are adequate and appropriate given One stated hardships and the nature of the site. Options for Action: 1. Recommend approval of hardcover and lot coverage variances for the garage addition with removals as proposed. 2. Recommend denial of variances. 3. Table for further review or further specific information, advising the applicant what other possible revisions will make the application acceptable. 4. Other. e01-2664 Mitch and Kim Olson 3265 Carman Road Variances 4//ORaO! Page 3 14 ANALYSIS WORKSHEET LR-IB Lot Area Lot Width Required 43,560s.f. (1 acre) 140' Actual 15,679 s.f (.36 acre) 88' at OH WL; 95' at 75' setback Hardcover Calculations: Distance from Total area in Allowed Existing Proposed shoreline setback hardcover hardcover hardcover (Don not include non- conforming rock/plastic/fabric) 0-75' 7,071 s.f. 0 s.f. 584 s.f 249 s.f.* (0%) (8.3 %) (3.5 %) Reduction 75-250' 8,608 s.f. 2,152 s.f 4,685 s.f. 4,501 s.f. (25%) (54.4%) (52.2%) Reduction -Remaining 0-75' hardcover after removals : Remaining deck (6 x 28 / 2) + (5 x 12) - 144 s.E Remaining retaining wells after removal of wans/steps -105 s.f. (Plesse show us how/where) Total remaining hardcover in 0-75' - 144 + 105- 249 s.f. Structural Coverage: Total Lot Size Total Structural Coverage 15,679s.f. (0.36acr, Allowed: 2,352s.f (IS%) Existing: 3,416 s.f (21.8%)a Proposed:3,280 s.f (20.9%)•e Reduction `Existing lot coverage House (all in 75-250' zone)........................................................................................................ 1646 s.1. Pool and decks (portions that are legally existing): Submittal - 1668 s.f.: staff calc - 1770 s.f. (0-75-401 st, 75-250'-1369)--.-- 7l 70 s.f. Total existing let coverage - 3416 s.1.. "Proposed lot coverage: House................................................................................................................__.......................1646 r.f. Garage Addition (12' x 31'). 12 sf. ..............................................................................................360 s.f. Pool and dicks after proposed removals (staff role matches submittal) .............................. 1274 $i Told proposed bl coverage - 3280 s.f. FROM : MISKOWIC's PHONE NO. : 763 536 9965 Dec. 22 2000 03:r7PIMzzP2 l) Application # O -2 Date Received z /C e M p , Amount Paid 2 c 0_ CITY OF ORONO - VARIANCE APPLICATION APPI. (tc,N(, t z o Initial Application Fee $250.00e ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non -conforming structures $250.00 After -the -Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 32b°� GP� f�-P w2- , Property Identification Number (P.I.D.) Attach legal description to application if not included on require! survey. Date Property Acquired (month/year) I (do) (1oypQ also own the adjacent parcels of land. i! Present use of property: ✓ residential _other (specify) Zoning District: APPLICANT Phone (home)', Name C�+'r"'6'thttoeMe"'°Phone(work)'N>.-4'IZ—tt�o _ Address: . lL69 rnout"u FO. goY,_ City:~tA— zip: *S-Mv4 OWNER (if different than applicant) Phone (home) - '>•'t 1-'19io..,, `t Name MM—Jl tKtNlot*a Phone (work) Address: ~ e*F 4Prj �• City: OFor•to Zip: ' DESCRIPTION OF REQUEST Estimated Construction Cost $ l OVO Describe request in detail: 00kAP0L- jjU� Feoirm - �D -If Ii4W f►f1�1NMT6om to UJWY-our WVO- t pl t- ' (attach additional sheets if necessary) VARIANCES REQUIRED _ Lot Area Lot Width ✓Hardcover Lot Coverage Setback: ✓Front _ Side _ Rcar _ Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: },-,AN NOEtxi t1P Gigkg!'- 1L'f— WKw. (attach additional sheets CERTIFICATE OF SURVEY FOR MITCH OLSON OF LOT 5, BLOCK 1, CARMAN COVE HENNEPIN COUNTY, MINNESOTA N W far d67�r 'Wi J f n o~ EIfISTING o '• z 7 HOUSE _ / _ °s•�s tl aao> Y xTwol lx w.a Y8• UM GES T" C I'fiE S Lot 4 B I. CM COVE broth Irm m kor (MS+) Euet" spot ebvnlim, ma as bvp eoI— Bgi,Vs slb.n we L d wen to msuoid Cohn. TNs MveY Wmm . to e to Co j.. of t. oEo,! Leurbe0 p,o,mtY. iM booties of to exwtiog Mase. aN tM bcalim of M "."s "naCcova" 1M X Eeee oot purport to Ww my ~ 'vryrove M, o, mcraacManla LAGOON nm W m COFFIN R GRONbcK INC 101 �A 9ll,e p0@S,N4 9Ml,R 91l AYt03 Mar 13 01 01:�48�pIM�� Katherine Taylor Homes 763-473-3414 p.2 3W.0 e^RMR" I J ' DI+A�lO HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75.250' 250-500' 500.1000'- PXISTIN A. • HARDCOVER N ZONE' x = S.F. - House wmm ,_ x S.F. x - S.F. x S.F. B. Game x - S.F. C. Driveway _ x - I l S.F.01W00I%1- - - x S.F. D. Sidewalk x x I m2 S.F. V+M $ S.F. cuy B PadwDeck x S.F. { Ai Yf at- x ` Sd, — S.F. �/r4 F. sale x m -'� S.F. �{p� K W4 FI4lM6.6i odd S.P. By Pluck x - _ S.F. FC'K V'^LL G. OdW x = lot S.F' wY''5T"x TOTAL HARDCOVER IN ZONE S.F. A y935 TOTAL PROPERTY AREA IN ZONE - (a0 S.F. B A 4110 a b(Pob x wo - CiFlobx n� q- `- b A + B x 100 - % PROPOSED A. HARDCOVER Houma_ IN ZONE _x - �I L'jL S.F. 6)<Nr Adr Leno wilt ►oo.Twr, o I x 12 t 36o S.F. ♦VOITIO ) x H)- - S.F. x - S.F. B. GWW x - S.F. C. Driveway x = B2 S.F.61eP41- _ x - S.F. D. Sidewalk x SF. v4%*- Sigp1s lN4C4- x = S.F.t E. PatldDedc x S.F. DEGM-.`11%• x F. LWWK W x - —0- S.F. f601004 Uxdwlain x - S.F. i1.1- By Flaaic x - S.F. G. OWar x S.F. y XOa18 W►1,LS (-I 1� TOTAL HARDCOVER IN ZONE - SO S.F. A TOTAL PROPERTY AREA IN ZONE - O S.F. B A 4ri01 + B 64706 x 100 - _ % Mar 13 01 01:49p Katherine Taylor Homes 763-473-3414 p.3 M tfGN 4K IM ot�fdJ 1260 C.&R AWFP- ~0. HARDCOVEI-CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 750-500' 500-1000, EXISTING HARDCOVER IN ZON . ;��,���` A. House x = S.F. Isnpx W,d6 x —_ S.F. x _ S.F. x _ S.F. B. Garage x S.F. C. Driveway x = S.F. x - S.F. D. Sidewalk x S.F. x S.F. 6. PabaDeck� x cK- 5 _`MicrIN 2601 'DtYxp G w r9Ef - ,-a��- S.F. S.F. _xso F. Laedscape x S.F. Undulaio x _ S.F. By Pluck x = S.F. O. Odtar x = 1 b$ s F myoror-4 TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA 6 ZONE A o11 A - B PROPOSED HARDCOVER IN ZONE A Nome x 1®aa WWa x x x C - S.F. �ayiF1 S.F. B z 100 = y, x 100 = % B. amp x = C. Driveway x = x D. Sidewalk x = x E. Patio/Dcck x = x F. Landscape x = Underlain x By Plastic x = O. Other x = TOTAL HARDCOVER IN ZONE TOTAL PROPE 17Y AREA 119 ZONE A _._.�� ' It 1011 x 100 - S.F. S.P. S.F. S.F. S.F. S.F. S.F. S.F. S.P. 106 S.F. S.F. tiQ S.F.0"('Xrnt4b S.F. VAP"o S.F. S.F. _JL20 S.F. A SF. B Oi x-c,v �Imjjh,.il-5 lAN IA- 1 .•Iia.III!�� 1 L /(,11111i/, 01 IIEO OAK Nort -Red'. °ry� °a,, • W �` yY r -*t'-"$ �F ti s1 .. Maxwe'l •' CotE'. t r`Q xx oAxieo\\ Ar o p i,oude �0 �! t, 2u EAV .Forest B- a� \�ft AVE 200:"" yob Arm i• Lake' la 1 _ mE'1 �• +r: 151 4r ,Atv.J xOxiN "SNOo Eyt 'a�+ s 07 $ CR era �' Ir 51 10_WAA P�5 SkogsbogPdnr `Mix ixOx.a %.LA LA 1500 r / G . ] s....'... West . e 19 "�.!' E :. ,.. ORON0 . rr •. x� q4 AOo Y - l... rystal I' Bohn •, . Arm „ 9q Shad Dad Point of n 4 y- `' Bay .�, •. i DEERING .... ' \I ISLAND euo05LA1 - FagnnessPoinr ��0�' �°M \'1 • wrt�ac � (SF1 InULACWME ` 0'r' Spring \ °°o� FIVE Mu ' E.ou ' r 4/ No. ]ro ] Black e i��A, ca,t9 \, c m e / 1-0uxxxxu Park -� loll \ i ' EAxxu6xl['I a;S co 4l AT Rx � V / , ! 4 "� w< y� .Carman a iryM rlr tl uAo �yt'� .. � M1 t Bay u -ro ro nuwrr.r .n.r• ��y�rk it IseO 44�i�'1 1 J BaV+0 Pe! nPam 4 a\ Os l xux<..r rr a 1 -,► �ORONO ,yr.a eA]L } _GOOSE c1A MIrb�.n• u ,ISLAND CascoPaµ � SPRAY IS rmown!!ILMV go SHADY ro l ID 2011=140011 Number&65 Name CALMAN RD , �.... 1 This is not a bald recoNed map. seirts a car�plafwvi d udmnr:�..: &W data /mm.Q County, a�M Shad eufnonlres and dhar twu�.e.. STREET FILE 3a L s C�.��, ps 4 PERMIT RECORD PERMIT NO. DATE _?7(/o 4-19 R!M DATE 12/22/00 BATCH 506 38 20-117-23 14 0009 PROP ADDR 83225 CARMAN RD OWNER NAME 0 C R V A HOUCII TAXPAYER DAVID C HOURS NAME/ADDR RISK CARMAN RD EXCELSIOR EN 5S331 38 20-117-23 14 0012 PROP ADDR 03275. CARMAN RD OWNER HAKE MICHAEL HALLADAY ET AL TAXPAYER SORAMAE 6 HALLADAY MANE/ADDR 3275 CARMAN ROAD EXCELSIOR HN 55331 38 20-117,-I'3 14 SOWS PROP AOOR 03300 CARMAN RD OWNER NAME JOAN E NIELSEN TAXPAYER JD.AN E NIELSEN NAME/ADDR 3300 CARMAN RD EXCELSIOR MH SS331 30 20-117-23 14 60a PROP ADDR 426S5 BELLY AVE OWNER NAME J V EUSSTER R C M EUGSTER TAXPAYER JACK EMTER/CAROL M EUGSTER NAME/ADDR 24U KELLY AVE EXCELSIOR HN 55351 HENNEPIN COUNTY PROPERTY INFIRMATION SYSTEM PROPERTY OWNERS LIST 38 26-117-23 14 0010 03245 CARMAN RI' J S NIELSEN A K A NIELSEN JON S K KIRSTEN R NIELSEN 5245 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 OD13 03285 CARMAN RD L R MOLSATHER E L D SALLEE L R HOLSATHER A L O SALLEE 3285 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 4016 00038 ADDRESS UNASSIGNED VILLAGE OF ORONO CITY OF ORONO PO BOX 66 CRYSTAL BAY MN S5323 TOTAL BATCH 306 00010 REPORT NO. PI435401 PACE 11 38 20-117-23 14 0011 03265 CARMAN RD K M M OLSON A M D OLSON X M M OLSON 5 M D OLSON 3265 CARMAN RD EXCELSIOR HN SS331 38 20-117-23 14 0014 05295 CARMAN RD T P LORE I A A LONE THOMAS P LORE 3295 CARMAN RD EXCELSIOR MN 55331 38 20-117-23 14 0017 02693 KELLY AVE MARILYN H MCCLASKEY MARILYN N MCCLASKEY 2693 KELLY AVE EXCELSIOR HN 55331 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DE IARTMENT OF PROPE Y TAXATION TO THE REST OF NY KNOWLEDGE AND RELIEF.�/ ?// 1' E\'TI HE REST \J / DAT�®:/dL� _.L Jae!/ ( H Application Date: 3/27/0) Completion Date: 3/27/01 60 Day Deadline-- 5/25/01 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bottenberg Title Zoning Adminstrator/Planner Item Description: N01-2673 GaryGermundsen 4101 Nighwood Road Variances C011aN;11 MFETINO APR 2 3 2000 CITY OF oRONo DATE: 4/19/01 ITEM NO.: $ Agenda Section: Zoning Zoning District: LR-IB One Family Lakeshore Residential District (! acre) Lot Area: 8,550 ST (.218 acre) List Gf Exhibits: A Resolution B Staff Report and Exhibits of4/1612001 Application Summary: The applicant has applied to renew variances for street setback, west side setback, east side setback, lot area and lot width to permit the construction of a new residence to replace the existing residence on the property. On April 22, 1996, owners of this property were granted the variances and were renewed on April 28, 1997. I. Section 10.22, Subd. 2 & Section 10.56, Subd. 16 (L): Lakeshore Setback Regulations. 2. Section 10.24, Subd. 5 (B): LR-IB Lot Requirements. PLANNING COMMISSION: The Planning Commission recommended by a 5 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.24, SUBDIVISION 5 (B); 10.22, SUBDIVISION 2; AND 10.56, SUBDIVISION 16 (L) FILE NO. 01-2673 WHEREAS, Gary L. Germundsen (hereinafter "the applicant") is owner of the property located at 4101 Highwood Road within the City of Orono (hereinafter "City') and legally described as follows: Lot 15, Highwood Lake Minnetonka, Hennepin Coutay. Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for renewal of variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new residence to replace the existing residence on the property, the new residence to be located 25' from the front or street right-of-way line where a 30' street or front setback is normally required, and requesting a west side setback of 9.5' where a 10' setback is normally required. and requesting an east side setback of 6' where a 10' setback is normally required, and requesting a lot area variance for construction of a new residence on a property of 8,550 sT in area whe,-e lot area of 43,560 sT is normally required, and requesting a variance for the existing lot width which is 50' at the shorei;ne and 46' at the 75' setback line where the lot widt is normally required to be 140' at such locations; and requesting a variance to Sections 10.22, Subdivision 2 end 10.56, Subdivision 16 (L) to allow hardcover in the 75 250' zone of 1,956 s.f. or 40% where only 1.220 s.f. or 25% hardcover is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application wit, eviewed as Zoning File #01-2673 This application is a request for renewal of variances granted via Resolution No. 3889 adopted by the City Council on April 28, 1997 and Resolution No. 3719 adopted by the City Council on April 22. 1997. Page I of 6 2. The property is located in the LR-IB, Single Family Lakeshore Residentia, Zoning District, requiring 1 acre in area and I40' of lot width. 3. The Orono Planning Commission reviewed this application on April 16, 2001 and recommended approval of the proposed variances based upon a finding that the findings of fact in Resolution No. 3719 and No. 3889 are still valid, and include the following: A. The property currently contains a small 600 s.f. house and no garage, yet the property already exceeds the 25% 75-250' hardcover limit uue to the extremely small lot area and narrowness of the lot. B. The proposed house and attacheu two car garage will comprise of 1,492 s.t: of structural footprint on the property, meeting the 1,500 s.f limitation for lot coverage on extremely small lots established in zoning code Section 10.03, Subdivision 14 (C). C. The proposed house is located less than the normal 30' required setback from Highwood Road in order to minimize the amount of hardcover needed for driveway. The proposed 40% hardcover in the 75-250' zone is not dissimilar from the hardcover percentages on other properties in the neighborhood. Further, no hardcover is proposed for the 0-75' zone, and overall hardcover on the property is proposed at 22.9%, within the 25% standard of the DNR. D. The west side setback of 9.5' only occurs at a midpoint comer of the proposed house, while the majority of the structure will meet the 10' west side setback requirement. Surlher, the proposed construction has been revised such that the setback between the proposed attached garage and the detached garage on the neighboring property exceeds the 10' minimum structure -to -structure setback requirement. F. The proposed 8' east side setback, including a 10'x2' cantilevered segment approximately 6' from the east side lot line, is necessary in order to maintain a functional house width for room layout. The house in total is only 24'in width as proposed. The adjacent house on the properly to Pare 2 of 6 the northeast averages 18' from the lot line, hence the separation between the structures will be maintained at approximately 26'. greater separation than might be obtained if all houses in the neighborhood were constructed right up to the required 10' side setoacks. O. While the lot at 8,550 s.f. and width 46-50' is relatively small compared to the I acre/140' standards of the LR-IB zone, other developed lots in the neighborhood are of similar size. further, the property has contained a single family residence for many years and has remained in single separate ownership. H. Applicant has provided a grading and drainage plan which will adequately manage the runoff from the property. Because the neighboring property to the east has recently been reconstructed, the opportunity exists for an appropriate dminageway to be developed along the common lot line. 4. 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. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants renewal variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B). granting Page 3 0' 6 lot area and width variances for construction of a new residence on the prop rty which is 8,550 s.f. in area where lot area of 43.560 s.f. is normally required and where existing lot width is 50' at the shoreline and 46' at the 75' setback line where a 140' lot width is normally required at such locations; and hereby grants further variances to Section 10.24, Subdivision 5 (B) to allow the residence to be located 25' from the front or street right-of-way line where a 30' street or front setback is normally required, and to allow an east side setback of 6' where a 10' setback is normally required, and to allow a west side setback of 9.5' where a 10' setback is normally required; and further grants a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250' zone of 1,956 s.f. or 40% where only 1,220 s.f. or 25% hardcover is normally allowed, subject to the following conditions: 1. Construction of a single family residence on this property shall adhere to the site plan and construction plans per the survey by Ron Krueger and Associates. Inc. dated November 19, 1995 revised April 1, 1996 (Exhibit A attached). Any future revisions to the site plan which change the location or size of the house footprint, or which result in additional hardcover, will require additional review by the City. 2. No hardcover shall be allowed in the 0-75' setback zone. In the 75-250' zone, hardcover shall be limited to 1,492 s.f. including the house and attached garage, and 462 s.f. in walkways and driveway, for a total hardcover allowance of 1,956 s.f. or 40% of the 4,882 s.f. 75-250' zone. Any hardcover in addition to that noted will require variance approval by the City, and is not likely to be approved in the future unless concurrent removals of pre-existing hardcover result in no hardcover increase above the 40% allowance. 3. Applicant shall work with neighboring property owner to the east and with the City to establish suitable drainageways so that the applicant's construction has no negative impact on the neighborhood or adjacent properties. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 23, 2002). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a Page 4 of 6 misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolutirn and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of April, 2001. ATTEST: Linda S. Vee, City Clerk Property Owner(s) STATE OF MINNESOTA as. COUNTY OF HENNEPIN Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 23rd day of April, 2001, by Barbara A. Peterson & 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. Public Page 5 of 6 1l .10 9' I / / N AREA (JR LQIRN0 GWiILEV ) t49z SO. FT. RAISED DECK ENTRY AREA OF ORIVEM'ALR - 44t S0. FT. TOTAL NAXDCMR - 1951- W. FT TOTAL AREA OF LOT - M50.37 M. F.. LOT ABOVE TV L x SETA" - 4832.21 M. FT. TiTAL w DcOvER ABOVE 40°lD TY LANE SETBACK - Exhibit A Pt6LTM1 o'M �ATXM m mom 1D1'r£Sf iLIX.'R 741.i T mom + - DNWEfNTfi 11-° r . [041E5 TDrocFanro.TTxs �ss.5 susACE \rA lly F/ i o�1� l Page 6 of 6 1< TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: April 10, 2001 SUBJECT: #01.2673 Gary Germundsen 4101 Highwood Road Variance-- Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (I acre) Lot Area: 8,550 s.f. (.218 acres) List of Exhibits A Application B Site Plan/Survey C Resolution #3889(1997) D Council Minutes 4/28/97 E Planning Commission Minutes 4121197 F Staff Report 4/16/97 G Photo of property H Location Map I Property Map f Property Owner's List Application Summary: The applicant has applied to renew variances for street setback, west side setback, east side setback, lot area and lot width to permit the construction of a new residence to replace the existing residence on the prcperty. On April 22, 1996, owners of this property were granted the variances and were renewed on April 28, 1997. Pertinent Code Sections: Section 10.22, Subd. 2 & Section 10.56, Subd. 16 (L), Lakeshore Setback Regulations. Section 10.24, Subd. 5(B). LR-I B Lot Requirements. Discussion: This is a request for renewal with no change of variances granted in 1996 and renewed in1997 to allow the replacement of the existing residence on this substandard lot, with a new residence. The variances granted in 1996 and 1997 and requested for renewal are: A. 25' front or street setback where 30' setback is required. B. West side setback of 9.5' where a 10' setback is required. C. East side setback of 6' where a 10' setback is required. D. Variance to allow lot area of 8.550 s.f where requirement is 43, 560 s.f. E. Variance for lot width of 46-50' where 140' is required. F. Variances to allow 75-250' hardcover of 1.956 s.f. or 40% where only 1.220 s.f. or 25% is normally allowed. 901-26" Gary Germundsen 4101 Hlg&,00d Ra.d Pointe 4110/200I Page I The prior applicant, Eva Theobald, has passed away and her son owned the property until recently when he sold it to the applicant. It is the new owner who has applied to renew the granted variances. The findings of fact supporting Planning Commission's and Council's prior approval are listed in items 3A through H of Resolution #3889. The general conditions at this location have not changed, and staffs principal concern remains 8rt suitable dminageways must be established by working wi!h the adjacent property owners, so that applicant's construction has no negative impact on the neighborhood or adjacent properties. This is addressed in approval condition No. 3 of the prior approval. Staff Recommendation: If Planning Commission concludes that the findings of fact supporting this variance request are still valid, then an approval recommendation is appropriate. M01-1671 GaryGermun&en 4101 NlghwooJR.J ✓aelaaee $11012001 Page 2 n Application fl nt-�3 Date Received _3.? 17-O / Am., ,t Pmd &60. dD CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non -conforming structures $250.00 After -the -Fact Fees (Doub:e application fee) PROPERTY INFORMATION Site Address A%o \ U,\ o Ru v O property Identification Number (P.I.D. c,-I - r \ `t - D- 2. - o o \' _ Attach legal description to application ij not included on required survey. Date Property Acquired •i7 9-� (monthlyear) I (do) (do not) also own the adjacent parcels of land. Present use of property: residential _other (specify) Zoning District: APPLIC-AkgT- Phone (home) (n\a• �\i�'SSt38 Name (3 N 1 Phone (work)_tu t •L -So LL-•1 8 t �1- Address: City: Zip: �KCB i, \c2 5 33'j/ OWNER (ti different than applicant) Phone (home) Name Phone (work) Addnss: City:_ Zip: DESCRIPTION OF REQUEST Estimated Consm�lion Cost S Describe request in detail: 9 i />o p r � % 3 a P-u • M.t e •eA - (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area ✓Lot Width Hardcover _Lot Coverage Setback: _ Front ✓ Side _ Rear _ Average Lakeshore Other (specify) HARDSHIPIDESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements:.., cx t. Q o &Q " r . T_ .-a L. a.�0'.K :a . aYl PI r 1 (I KLUDINc CANT IHOLM )) - 1,44Z W. vT. 4 RAISED OECN ENTRY MEA 6 WIVL/RALN 461 $0. FT. TOTAL EUROCDAER - 19511 m. ET TOTAL MIA OF LOT - B D.0) W. FT LOT MIOVE 75' W SET" - 482.21 W. FT. TOTAL RM DOW0 ABOVE } 0 °IO 25' LAKE SETShW - s PEELtM IH 4RY -.�. ENAOSEDEI1419 °E1.OiF5F]691MGFIEVI.T]x .°n I OhESt ELM 1%%%0 T OO I' 6AOIfSPI4tVFUF1EM1RY1 i t.VNCE ilOCrt '151 0 .e CQ41FSdEC11WOEfWVCF TCpCF EryFIMIpL T505 $UIFICE WNMfE :v TO R MOvED .,I a / 0 I 0 / > Ron Krueger lk nYn R1f Associates, Inc. �vr —' _ ErpMeedp lie Surwyeq M."✓a0 .I $j°I EdM mean" eha 1 EMna, Mlnnefole 55e09.29E4 (071 83L3969 C CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3889 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.24, SUBDIVISION 5 (B); 10.22, SUBDIVISION 2; AND 10.56, SUBDIVISION 16 (L) FILE #2225 WHEREAS, John Theobald (hereinafter "the applicant") is owner of the property located at 4101 Highwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 15, Highwood lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for renewal of variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new residence to replace the existing residence on the property, the new residence to be located 25' from the front or street right-of-way line where a 30' street or front setback is normally required, and request;ng a west side setback of 9.5' where a 10' setback is normally required, and requesting an east side setback of 6' where a 10' setback is normally required, and requesting a lot area variance fot instruction of a new residence on a property of 8,550 s.f. in area wb^-re lot area of 43,560 st is normally required, and requesting a variance for the existing lot width which is 50' at the shoreline and 46' at the 75' setback line where the lot width is normally required to be 140' at such locations; and requesting a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250' zone of 1,956 s.f. or 400io where only 1,220 sT or 25% hardcover is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2225. This application is a request f -r renewal of variances granted via Resolution No. 3719 adopted by the City Council on April 22, 1996. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8889 2. The property is 'xated in the LR-IB, Single Family Lakeshore Residential Zoning District, requiring 1 acre in area and 140' of lot width. 3. The Orono Planning Commission reviewed this application on April 21, 1997 and recommended approval of the proposed variances hued upon a finding that the findings of fart in Resolution No. 3719 are still valid, and include the following: A. The property currently contains a small 600 s.f. house and no garage, yet the property al•eady exceeds the 25% 75-250' hardcover limit due to the extremely small lot area and narrowness of the lot. B. The proposed house and attached tvt garage will comprise of 1,492 s.f. of structural footprint on the property, meeting the 1,500 st limitation for lot coverage on extremely small lots established in zoning code Section 10.03, Subdivision 14 (C). C. The proposed house is located less than the normal 30' tequired setback from Highwood Road in order to minimize the amount of hardcover needed for driveway. The proposed 40% hardcover in the 75-250' zone is not dissimilar from the hardco["t. percentages on other properties in the neigi!,orhood. Further, no haruo. r is proposed for the 0-75' zone, and ove—Il hardcover on the property is proposed at 22.9%, within the 25% standard of the DNR. D. The west side setback of 9 5' only occurs at a midpoint corns of the proposed house, while the majority of tilt structure will meet the 10' west side setback requirement. Further, the proposed construction has been revised such that the setback between the proposed attached garage and the detached garage on the n^-igl oring property exceeds the 10' minimum structure -to -structure setback requirement. The proposed 8' cast side setback, including a l0'x7' cantilevered segment approximately 6' from the east side lot line, is iecessary in order to maintain a functional house width for room layrut. The house in total Page 2 of 6 (;ITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8889 is only 24' in width as proposed. The adjacent house on the property to the northeast averages 18' from the lot line, hence the separation between the structures will be maintained at approximately 26', greater separation than might be obtained if all houses in the neighborhood were constructed right up to the required 10' side setbacks. G. While the lot at 8,550 s.f. and width of 46-50' is relatively small compared to the 1 acre/140' standards .r the LR-IB zone, other developed lots in the neighborhood are of similar size. Further, the property has contained a single family residence for many years and has remained in single separate ownership. H. Applicant has provided a grading and drainage plan which will adequately manage the runoff from the property. Because the neighboring property to the east has recently been reconstructed, the opportunity exists for an appropriate drainageway to be developed along the common lot line. 4. 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. 5. The City Council finds that the conditions existing on this ^roperty are peculiar to it and do not apply generally to other property in thi- zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor p• se a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant, and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 CITY of ORONO RESOLUTION O� THE CITY COUNCIL NO. 8889 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby gams renewal variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B), granting lot area and width variances for construction of a new residence on the property which is 8,550 st in area where lot area of 43,560 s.f. is normally required and where existing lot width is 5.:at the shoreline and 46 at the 75' setback line where a 14V lot width is normally required at such locations; and hereby grants further variances to Section 10.24, Subdivision 5 (B) to allow the residence to be iucAted 25' from the front or street right-of-way line where a 30' street or front seftick is nognally required, and to allow an east side setback of 6' where a 10' setback is normally required, aid to allow a .vest side setback of 9.5' where a 10' setback is normally required; and further grants a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250' zone of 1,956 s.f. or 40% where only 1,220 s.f or 25% hardcover is normally allowed, subject to the following conditions: Construction of a single family residence on this property shall adhere to the site plan and construction plans pe- the survey by Ron Krueger and Associates, Inc. dated November 19, 1995 revised April I, 1996 (Exhibit A attached). Any future revisions to the site plan N%hich change the location or size of the house footprint, or which result in additional hardcover, will require additional review by the City. 2. No hardcover shall be allowed in the 0.75' setback zone. In the 75-250' zone, hardcover shall be limited to 1,492 s.f including the house and attached garage, and 462 s.f in walkways and driveway, for a total hardcover allowance of 1,956 s.f. or 40°/n of the 4,882 s.f. 75-250' zone. Any hardcover in addition to that noted will require variance approval by the Cit)', and is not likely to be approved in the future unless concurrent removals of pre-existing hardcover result in no hardcover increase above the 40% allowance. 3. Applicant shall work with neighboring property owner to the east and with the City to establish suitable drainageways so that the applicant's construction has no negative impact on the neighborhood or adjacent properties. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3889 ties granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 28, 1998). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 28th day of April, 1997. ATTEST Dorothy M. Hallin, City Clerk Gabrie labbour, Mayor Property Owner(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of April, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a lviinnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3889 - STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) On this _ day of _ , 199_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this _ day of _ , 199_ before me a Notary Public within and for said county, personall• tppeared _ known to me to be the persmc: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 6 of 6 b ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (47 - #2217 - Thimmiesh - Continued) ��/ The applicant asked for Council direction. Council recommended no r ar4ariance so the addition would be at 28', reduce the hardcover and a gazage doo uld be allowed. Flint withdrew the motion to table. j Flint moved, Jabbour seconded, to pt Resolution No. 3888 per the Planning Commission recommendation with the a ion that he rear setback is to be met allowing a 28' x 13' addition and remov a existing shed for the property located at 1945 Fagemess Point Road. 'Vote: Ayes ays 2. Peterson and Kelley opposed. of this application follows review of Item #3. ("#9) 02225 JOHN THEOBALD, 4101 HIGHWOOD ROAD - RENEWAL VARIANCE - RESOLUTION NO.3889 Goetten moved, Kelley seconded, to adopt Resolution No. 3889 granting approval for street setback, side setback, lot area and width, and hardcover variances for construction of a new residence located at 4101 Highwood Road. Vote: Ayes 5, Nays 0. 92226 JOHN AND SUSANNE KOOB, 3065 JAMESTOWN ROAD - ITIONAL USE PERMIT - RESOLUTION NO.3890 Goetten move , elley seconded, to adopt Resolution No. 3890 granting approval of a conditional use pe o permit construction of a beam on the property located at 3065 Jamestown Road, Vote: Xes 5, nays 0. (911) 92227 GARYTUCKER,�I6�IVYPLACE- VARIANCES -RESOLUTION NO. 3891 The applicant was present. Van Zomeren explained that the applicant is requesting a side d variance along the north property line because the front stoop and en vway would encroac ' to the side yard, an average lakeshore setback to allow construction of a new deck, and a hardcover 'ante of 9.32%. Irelley asked for clarification of the hardship. Tucker responded that there is no c�ve�rr for the front entry. The stairway protrudes into the existing deck and is therefore not useable r�'it]s\ table and chairs. n ORONO CITY COUNCIL MEETING MINUTES FOR APRIL 28,1997 (#7 - #2217 - Thimmesh - Continued) The applicant asked for Council direction. Council recommended no Variance so the addition would be at 28', reduce the hardcover and a garage doo uld be allowed. Flint withdrew the motion to table. Flint moved, Jabbour seconded, to pt Resolution No. 3888 per the Planning Commission recommendation with the a on that the rear setback is to be met allowing a 28' x 18' addition and remo9ieffie existing shed for the property located at 1945 Fagemess Point Road. Vole: Ayes_3,Wys 2. Peterson and Kelley opposed. of this application follows review of Item #3. (*#9) #2225 JOHN THEOBALD, 4101 HIGHWOOD ROAD - RENEWAL VARIANCE - RESOLUTION NO.3889 Goetten moved, Kelley seconded, to adopt Resolution No. 3889 granting approval for street setback, side setback, lot area and width, and hardcover variances for construction of a new residence located at 4101 Highwood Road. Vote: Ayes 5, Nays 0. 02226 JOHN AND SUSANNE KOOB, 3065 JAMESTOWN ROAD - ITIONAL USE PERMIT - RESOLUTION NO.3890 Goetten move , elley seconded, to adopt Resolution No. 3890 granting approval of a conditional use pe o permit construction of a berm on the property located at 3065 Jamestown Road. Vote: es 5, nays 0. (#11) 02227 GARYTUCKER, 6QIVYPLACE. VARIANCES -RESOLUTION NO. 3891 7 The applicant was present. Van Zomeren explained that the applicant is requesting a siae'ya#d variance along the north property line because the front stoop and entryway would encroac ' to the side yard, an average lakeshore setback to allow construction of a new deck, and a hardcover 'ante of 9.32%. Kelley asked for clarification of the hardship. Tucker responded that there is no covE front entry. The stairway protrudes into the existing deck and is therefore not useable table and chairs. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 21, 1997 Mr. Vcc Iiisaid the boulder wall was required for erosion control. He had thought the contractor ha twined the necessary permits. There had originally been a railroad tie wall. He did not Vhklto replace the same type of wall or block type as they would require geo-grid material. The ulders will follow the terrain of the hillside to produce a natural look for the purpose of sta ' ' g the hill. The applicant said he plans on adding low bushes. The Building Inspector City Engineer came out to the site and asked his engineering consultant to anchor anulders that might require additional stabilization. There were no public comments. Smith questioned whether the hill would still erode. Schroeder noted that engineers will generally not approve bout walls. The applicant indicated that the hill as viewed by the Commissioners we t as planned as the work had been stopped in mid construction. He noted he plans on addin chips and vegetation. Lindquist moved, Schroeder seconded, to approve the after -the -fact variance and CUP subject to conditions 91-5. Vote: Ayes 7, Nays 0. (#8) #2225 JOHN THEODALD, 4101 HIGHWOOD ROAD - VARIANCES - PUBLIC HEARING 9:08-9:10 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present along with architect, Stu Hoare. Ga6ron reported that the application was a request for variance renewal for construction of a new residence to replace the existing residence. The variances previously granted and being requested are for street setback (25' where 3(Y is required), west side setback (9.5' where 10 is required), and east side setback (6' where 10' is required). Lot area variance is required from the 1 acre minimum for the 8550 s.f, property. The lot width is 46-5U where 140' is the standard. A variance to allow 75-250' hardcover of 1956 s.f. or 40% is requested where 1220 sT or 25% is nu: malty allowed. There are no changes to the application. Gal Fron indicated Staff is continuing to work with the applicant regarding drainage on the property. Hoam indicated the previous resolution asked for a grading plan which the applicant still intends to provide. There were no public comments MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRH. 21, 1997 (#8 - #2225 John Thcobald - Continued) Smith moved, McMillan seconded, to approve the renewal variances. Vote: Ayes 7, Nays 0. #27.26 JOHN AND SUSANNE KOOB, 3065 JAMESTOWN ROAD - IDITIONAL USE PERMIT - PUBLIC HEARING 9:18-9:25 P.M. of Publication and Certificate of Mailing were noted. The Applicant was present. VanZomere reported that the applicant is requesting a conditional use permit to allow the construch( of a 350' long and 19 high berm to mitigate noise and views from the schools and athle ' @elds. It would also allow the residence to be screened from the concession stand an ortable toilets. Van Zomerea said Staff recommends approval subject to s 3: ] siopin of the berm. The berm will be landscaped with grass and trees. Due to the high volume fill required, 3100 cubic yards, or 300 truckloads, it will take time to construct. The app "cant has been asked to work out details with the homeowners association regarding the issu of the roadway. Knob indicated tl;., school has granted permission for their fencing to b opened and have the trucks enter his property from the school yard. Van Zomeren noted at annual reviews will be conducted until the completion of the berm in approxima y 30 months. Knob had no additional comments Lindquist asked the applicant if he understood renewal variance would be required if the work was not completed within the 30 months. lKoob, said he understood. McMillan asked what erosion control would take phi dunng the construction period. The applicant said a bobcat would move the dirt in Gom ie north. Lindquist asked that grass seed be spread annually. McMillan noted there are n sery crops available to stabilize berms Koch agreed to this suggestion. Hawn askeu if there would be a silt fence located at the bottom o(`tlie berm. Koob indicated the plan calls for a silt fence on the plan for erosion control\ Schroeder moved, Smith seconded, to approve Application 02226 fora for 30 months with annual reviews to construct the berm. The applicant is to wo&KAth Staff regarding landscaping and erosion control. A renewal variance would t , required if the work was not completed within the 30 month time period. Vote: Ayes 7, Nays 12 r- TO: Chair Lindquist and Planning Commission Members Ron Moorse, City Administrator FROM: Michel P. Gaffron, Asst. Planning & Zoning Administrator DATE: April 16, 1997 SUBJECT: 42225 John Theobald, 4101 Highwood Road - Renewal Variances - Public Hearing Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre, sewered. Application Summary: Applicant requests renewal of variances granted in April 1996 for street setback, west side setback, east side setback, lot area and width, and 75-250' hardcover, to permit the construction of a new residence to replace the existing residence on the property. List of Exhibits A - Application 9 - Plat Map C - Property Owner's List D - Resolution #3719 E - Survey F - Council Minutes 4/22/96 G - Planning Commission Minutes 4/15/96 H - Council Action Memo and Selected Exhibits of 4/18/96 Discussion This is a request for renewal with no change of variances granted in 1996 to allow the replacement of the txisting small residence on this substandard lot, with a new residence. The variances granted in 1996 and requested for renewal are: A. 25' front or street setback where a 30' setback is required. B. West side setback of 9.5' where a 10' setback is required. C. East side setback of 6where a 10' setback is required. D. Variance to allow lot area .c50 s.f where requirement is 43,560 s.f. E. Variance for lot width of 4 `.+ where I40' is required. F. Variances to allow 75-250' hardcover of 1,956 s.f. or 4G A where only 1,220 s.f. or 25% is normally allowed. The prior applicant, Eva Theobald, recently passed away and her son now owns the property. The findings of fact supporting Planning Commission's and Council's prior approval are listed in items 3A through H of Resolution #3719. The general conditions at this location have not changed, and staff s principal concern remains that suitable dminageways most be established by working with the Zoning File #2225 - Theobald April 16, 1997 Page 2 adjacent property owners, so that applicant's construction has no negative impact on the neighborhood or adjacent properties. This is addressed in approval condition No. 3 of the rrior approval. It should be noted that this proposal meets the 1500 s.f. lot coverage limitation. Staff Recommendation If Plamwtg Commission concludes that the findings of fact supporting this variance request are still valid, then a recommendation for approval, subject to the conditions establ;shed in the prior approval resolution, would be appropriate. -a �.pp�odF M r'dRN,d�. ch `uOJF " 7-0 Application N e2.qaS- Date Received 3-/y-97 Amount Paid /aOm y'16'47 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee MOM ($50.00 per each additional variance) Renewal Variance Fee $120.00 #610 (no change from original application)Variance for non -conforming structures $ i After -the -Fact Fees (Duuble application fee) PROPERTY INFO�VIATION r Site Address /O/ Propem• Identification Number .LD.) O 7// 7- Z s 5/ef &cl.i Attach legal description to application if not included on required survey. Date Propertx Acquired I (do) o not )also own the adjacent parcels of land. Present use of property: residential _other (specify) Zoning District: — /S APPLICANT Phone (home) 4/7a -VYZ41 Name -Tol4tJ I ffi o bA l d Phone (work) eL32 — 7 / 3 Z. Address:ellj/7 /US/7eZe A4 City: 1170un1rl _ Zip: 5:3 6 OWNER (f different than applicant) Phone (home)_ Name -J c, f{ry %/� i+A /O/ Phone (work) Address: City: Zip: DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe rer� uest ua detail: c .r 9Xi7f/A/ e9 'T lFfc cur: C fi %%ArA[(GC �{}q�.,�„C Sks�c (attach additional sheets if necessa VAR:ANCES REQUIRED �K Lot Area X Lot Width --2(— KW&U.cr Lot Coverage Setback: X Front _2�. Side _ Rear _ Average Lakeshore Other (specify) HARDSHIPIDESCRIPTION OF UNUSUAL PRL —fY CONDITIONS Describe undue hardship or practical difficulty or unusual proper/ conditions preventing compliance with Zoning Code requirements: 03114/97 Pity 120.00 (attach additional sheets if necessay) 7 711 � so � 59) ti 72$ 73 ti 50 sD _ (85)(62)7�� 49$ 48 90 (83 ��$ ,, ! SO � H69gg;23 50 �-_-•-, (E 746• 45\y 44 h 2 W Sp Sv 39) 43 QIC sa 37) C87i n p 42 /93 . 51.5 5I.5 51.5 �" 41 f ee) ry ( 3) _ gyp• ?3 ry 34 o ,6 7) N N P � 36 28) 35 3 >rQt 38 �• c� p 29) 30) ( IN 22:°< �': 2 S (76) B (77 `� 1.25 1. 25 •'•'. r'� �� O `o � 13i° 1( 4 14 p a SOD ni s,5, S: c 40 40 40 �y (12) O co _ — o 17• Fp, ti 23 22 21 20 18 1�5) N 120!D IIRAN DATE 12/11/93 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT W. PI435401 PROPERTY 01NERS LIST PAGE 17 PATCH 507 3S 07-117-23 49 0010 38 07-117-23 44 0011 38 07-117-23 44 0012 MOP "OR 04079 HIGIOOOD RD 04091 HIGMHWD RD 09099 HIGI800B RD WON NNE JOIN T SABORN ETAL F L JOHNSON A 0 L FOSS 0 L E R HE ISOM TAXPAYER J T SANORN FREDERIC JOHNSON ALONDO B SERAN III MAZE/ABOA 4079 HIGHWOOD RD 4091 HIGHWD00 RD 4099 HIG1800O RD NONND HN 55364 MOUND HN 55364 HOIND HN 55364 /- 18 07-117-23 44'DO13 3e 7-117-23 M 0014 a�� V3�' 38 01-127-23 44 0015 MOP ABBE 04101 MICNMODD RO 04105 MICMO00 PO At /n1 -HYF 04109 NSGMNDD RD N GEORGE N APPLEOAUI DEER NAME EVA THECBALD CMARLES A MART `,^' 4v /E, S GEORG.E APPLEBAU/ TAXPAYER EVA A THEODALD NILLIA BECKLEY \V fj NNE/ADDR 4101 NIGNXOUO ROAD _AJ4� 4105 G.0 �j�1�`p pTi pY r109 HIGIBOOD RD IRKED HN 55364 MOUNO HN 55364`YIT- (,,ViV F. IOIRA MH 55364 J l� U 07-117-23 44 0031 38 07-117-23 44 0033 38 07-117-23 40 OOM PMOP ADO 04132 HIGH DOD RD 0910e MIGNOOD RD 04125 HICNNDOU 90 - QIIER NAFE NC 0 A CATHERINE ANDERSON JASON M THEIS JOHN N E ROBERTA J MENRICH TAXPAYER. SCOTT 0 A CATHERINE ANDERSON JASON THEIS JOIN H A ROBERTA J NENRICH NNE/ARM 402 MpN00D ROAD 4108 MIGNIO00 RD 4125 HICH ODO RD HONMO 1N s 364 MOONB NN 55364 ORONO MN 55364 U 07-117-23 44 0006 30 07-117-23 44 0087 PROP ADDR Y4104 HIGHNO00 R0 04116 NIGIDO00 RD NBER NNE GUN A BEVERLY SAVER PNILLIP M OTTO TAXPAYER GLEN A BEVERLY SAILER PNILLIP OTTO TOTAL BATCH 507 90012 NNE/ADDR .4104 HINR00D RD 19050 STRATFORD RD 9209 ' NOUN HN 55364 MINNfTONfA HN 55345 I CERTIFY TNAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNNT OF PROPERTY TAXATION, TO THE BEST OF MY KNOMLEOCE AM BELIEF. DATE CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3719 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.24, SUBDIVISION 5 (B); 10.22, SUBDIVISION 2; AND 10.56, SUBDIVISION 16 (L) FILE #2098 WHEREAS, Eva Theoba!d (hereinafter "the applicant") is owner of the property located at 4101 Highwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 15, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property'); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the constmction of a new residence to replace the existing residence on the property, the new residercc to be located 25' from the front or street right-of-way line where a 30' street or fro,u setback is normally required. and requesting a west side setback of 9.5' where a 10' setback is normally required, and requesting an test side setback of 6' where a 10' setback is normally required, and requesting a lot area variance for construction of a new residence on a property of 8,550 s.f. in an a where lot area of 43.560 st is normally required, and requesting a variance for the existinb lot width which is 50' at the shoreline and 46' at the 75' setback line where the lot width is normally required to be 140' at such locations; and requesting a variance to Sections 10.22, Subdivision 2 and 10.56. Subdivision 16 (L) to allow hardcover in the 75-250' zone of 1,956 s.f. or 40% where only i 220 s.f. or 25% hardcover is normally allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED ty the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2098. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 1 A 2. The property is located in the LR-1B, Single Family La-eshore Residential Zoning District, requiring I acre in area and 140' of lot width. The Orono Planning Commission reviewed this application on January 16, 1996 and further reviewed revisions to the application on April 15, 1996 and recommended approval of the proposed variances based upon the following findings: A. The property currently contdrs a small 600 s.f. house and no garage, yet the property already exceeds the 25% 75-250' hardcover limit due to the extremely small lot area and narrowness of the lot. B. The proposed house and attached two car garage will comprise of 1,492 s.f of structural footprint on the property, meeting the 1,500 s.f. limitation for lot coverage on extremely small lots established in zoning code Section 10.03, Subdivision 14 (Q. C. The proposed house is located less than the normal 30' required setback from Highwood Road in order to minimize the amount of hardcover needed for driveway. The proposed 40% hardcover in the 75-250' zone is not dissimilar from the hardcover percentages on other properties in the neighborhood. Further, no hardcover is proposed for the 0-75' zone, and overall hardcover on the property is proposed at 22.9%, within the 25% standard of the DNR. D. The west side setback of 9.5' only occurs at a midpoint comer of the proposed house, while the majority of the structure will meet the 10' west side setback requirement. Further, the proposed construction has been revised such that the setback between the proposed attached garage and the detached garage on the neighboring property exceeds the 10' minimum structure -to -structure seP ack requirement. The proposed S' east side setback, including a 10'x2' cantilevered segment approximately 6' from the east side lot line, is necessary in order to maintain a functional house width for room layout. The house in total Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3719 is only 24' in width as proposed. The adjacent house on the property to the northeast averages 18' from the lot line, hence the separation between the structures will be maintained at approximately 26', greater separation than might be obtained if all houses in the neighborhood were constructed right up to the required 10' side setbacks. G. While the lot at 8,550 s.f. and width of 46-50' is relatively small compared to the 1 acre/140' standards of the LR-IB zone, other developed lots in the neighborhood are of similar size. Further, the property has contained a single family residence for many years and has remained in single separate ownership. H. Applicant has provided a grading and drainage plan which will adequately manage the runoff from the property. Because the neighboring property to the east has nsemly been reconstructed, the opportunity exists for an appropriate drainageway to L- developed along the common lot line. 4. 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. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 3 of 6 CITYof ORONO VESOLUTION OF THE CITY COUNCIL NO. ''s '/ 19 �. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council net grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B), granting lot a and width variances for construction of a new residence on the property which is 8,550 s.f in area where lot area of 43,560 st is normally required and where existing lot width is 50' at the shoreline and 46' at the 75' setback line where a 140' lot width is normally required at such locations; and hereby grants further variances to Section 10.24, Subdivision 5 (B) to allow the residence to be located 25' from the front or street right-of-way line where a 30' st, rt or front setback is normally required, and to allow an east side setback of 6' where a 10' setback is normally required, and to allow a west side setback of 9.5' where a 10' setback is normally required; and further grants a variance to Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow hardcover in the 75-250' zone of 1,956 s.f. or 40% where only 1,220 s.f. or 25% hardcover is normally allowed, subject to the follnwing conditions: Construction of a single family residence or this property shall adhere to the site plev and construction plans per the survey by Ron Krueger and Associates, Inc. dated November 19, 1993 revised April 1, 1996 (Exhibit A attached). Any future revisions to the site plan which change the location or size of the house footprint, or which result in additional hardcover, will require additional review by the City. 2. No hardcover shall be allowed in the 0-75' setback zone. In the 75-250' zone, hardcover shall be limited to 1,492 st including the house and attached garage, and 462 st in walkways and driveway, for a tutal hardcover allowance of 1,956 s.f. or 40% of the 4,882 s.f. 75-250' zone. Any hardcover in addition to that noted will require variance approval by the City, and is not likely to be approved in the future unless concurrent removals of pre-existing hardcover result in no hardcover increase above the 40% allowance. 3. Applicant shall work with neighboring property owner to the east and with the City to establish suitable drainageways so that the applicant's construction has no negative impact on the neighborhood or adjacent properies. 1. Authorities granted by this variance run with the property not with the applicant, Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. g !z I O_ but are permissive only and must be exercised by application for a building permit within one yew of the date of Council approval, or this variance will expire on that date (April 22, 1997). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her 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 22nd day of April, 1996. A ST: rothy . allin, City Clerk Property Owner(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN ward J. Cpj ahan, Jr., Mayor The foregoing instrument was acknowledged before me on this 22nd day of April, 1996, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. C/�gOIEAHASEMAN _ ��e.L(��� trooprnetptaratsou Notary Public • • uawtrwcauxr th Camingen FiaYta.M. 71, 7N0 ruse Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3719 STATE OF NfINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,ate day of Oa _ .1997 me a Notary Public within and for said county, personally pearea ihe�ba/c� 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. L C,71 `7�7 4 a 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 6 of 6 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON APRIL 22, 1996 (k5 Teresa Fogarty - Continued) Callahan said he would like to see the design of the signs Jabbour said he would be in favor of such signage if the merchants in the city collectively decided to market themselves as a group. Fogarty said the sign will be designed and presented at a later date to the Council for their approval. Fogarty also presented the City with a banner recognizing the maiden voyage of the Minnehaha on May 25, 1996. She asked the City to hang the banner in support of this endeavor with the cities of Excelsior and Wayzata. ZONING ADMINISTRATOR'S REPORT ("M6) #2093 EVA THEOBALD, 4104 HIGH WOOD ROAD - VARIANCES - RESOLUTION 03719 Hum moved, Goetten seconded, to adopt Resolution 93719, granting lot area, lot width, 75-250' hardcover, front (street) and side setback variances to Eva Theobald at 4101 Highwood Road for replacement of the existing residence with a new home. Vote: Ayes 5, Nays 0. NIAYORICOUNCEL REPORT Hurt asked Gaffron to inspect Lakeside Marina to ensure that the marina is in compliance with ordinance regarding use of styrofoam dock floats. Ga(fron said he is awaiting a 1996license application as well as conditional use permit application from Lakeside, although he has been advised that the styrofnam conversion is complete. Gaffron will submit a report on the marinas on May 13. 1lurr volunteered to assist with the inspections if needed. Jabbour asked Staff to look into lire safety inspections within the Long Lake fire district to ensure there are no hazardous areas within the businesses. He is concerned with the possibility of such hazards in practice. Gaffron will follow upon Jabboues request that such inspections be conducted by the fire marshall. Hum asked that box lunches be provided for the Council on Wednesday evening due to back to back meetings at the school and Board of Review following in the Council Chambers. Goetten asked, and Callahan volunteered, for a Council member to stay the entire length of the fast meeting to represent Orono before proceeding to the board of review meeting. G MINUTES OF THE ORONO PLANNING CONMISSION MEETING HELD ON APRIL 15, 1996 (P'5 - r12088 Winfield Stephens - Continued) Lindquist moved, Berg seconded, to recommend approval of Application 1"2088 for a 15' west side street setback for the garage, a 3-1/2' north side lot line setback, structural coverage not to exceed 15%, setback of T from Bayside Road for covered porch, with the understanding that the existing foundation will be used with the exception of the east foundation wall, which would be replaced. The Building Official must confirm that existing foundation, except for new support wall at east side, is to remain. Vote: Ayes 4, Nays 1, Smith, due to excess stmcture. Motion approved. (It6) #2098 EVA THEOBALD, 4104 HIGHWOOD ROAD - VARIANCES - CONTINUATION OF PUBLIC HEARING - WRITTEN RENOTIFICATION OF NEIGHBORS 7:40-7:50 P.M. The Affidavit of Publication and Certificate of Mailing were noted. Stuart Hoarn represented the applicant. Mabusth reported that the original application has been revised. The street setback remains the same as originally proposed. The west side lot setback, originally proposed at 6.8', has been revised to 9.5', where 10' is required. The separation of the neighbor's garage to the house has been revised to 11', meeting requircu 10' separation. The lakeshore setback is met by the proposal. The lot coverage has been revised tc 1492 s.f meeting the 1500 sf. allowable. The hardcover in the 75-250' setback, originally proposed at 46%, has been revised to 40%. The code allows 25% in this zone. The lot area and lot width remain the same. Hoam commented ,at the applicant and he reviewed and followed the Planning Commission's direct:an, which resulted in the amended proposal. Hoam asked that the application proceed on to the next Council meeting. There were no public comments. Haven asked if the driveway was of the size to allow a visitor's car to park. Hoarn said the driveway would hold two cars with two cars inside relieving some of the street parking problem in the area. Commissioners commented that the proposal was in keeping with the neighborhood, and the applicant's addressed the concerns previously brought forward by the Planning Conunission. Hawn said she was concerned with precedent setting and noted the need for the Commission to discuss the overall codes and set specific guidelines. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON APRIL 15, 1996 (N6 - #2O98 Eva Theobald - Continued) Peterson noted that the lot width was a problem with the application. Mabusth commented that drainage and storm water was a problem for this particular neighborhood. Hawn commented on the 40% hardcover being proposed in the 75-250' zone. Lindquist noted that the applicant was allowed 15% structural coverage. Peterson added that the coverage was behind the 75' line. Hawn said she would like the resolution to note that no additional hardcover be allowed. Smith added that the proposal was in keeping with the area. Lindquist moved, Hawn seconded, to recommend approval of Application #2098 for side setback on east and west, street setback, hardcover in the 75-250' zone, and lot area and width variances, with the understanding that Staff, Engineer, and adjacent property owners review the drainage to the east. Vote: Ayes 5, Nays 0. (M7) #2124 JOHN A. EARLING, 2165 COL11i DRIVE - VARIANCES - PUBLIC HEARING 8:11-8:29 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The applicant was present. The property is located on the south side of the cul-de-sac on Coen Drive, off of Brown Road. Mabusth noted that the proposed detached garage has been increased in size to 18'x3U. The garage is proposed 10' from the road outlot extension, and will maintain the 50' required setback from the cul-de-sac and 50' in front of the principal structure. Mabusth reported that the maximum height of the structure is I8'. Peterson inquired if the City had any plans to develop the outlot road. Mabusth said it would only be built if needed to connect with development to west, but this would be decided by City at a future unknown date. Peterson asked how the garage location on the lot was determined. Earling said the other two options considered were affected by the location of the wellhead and visual impact on view from the master bedroom. The only variances required for the application is the 40' variance from the street with the garage being located in front of the principal structure. REQUEST FOR COUNCIL ACTION DATE: April 18, 1996 ' ITEM NO.: ,p Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Zoning Title Asst. Planning & Zoning Administrator Item Description: #2098 Eva Theobald, 4101 Highwood Road - Variances - Resolution Zoning District: LR-1B, Single Family Lakeshore R..sidential, I acre Application: Request for lot area, lot width, 75-250' hardcover, front (street) and side setback variances to replace existing residence with a new home. List of Exhibits A - Resolution B - Notice of Planning Commission Action 4/18/96 C - Memo and Exhibits of 4/9/96 Discussion Please review the memo and exhibits of April 9th. Briefly, the applicant intends to sell her property, and is working with a realtor, Stuart Ho=, to obtain variance approval for construction of a new residence on the prop:rty. A specific house design has been developed for this limited site, which requires a number of variances as follows: 1. Street setback (25' proposed, 30' required). 2. West side setback (9.5' proposed, 10' required). 3. East side setback (8' proposed/6' cantilever, 10' required). 4. 75-250' hardcover (40%proposed, 29.7%existing, 25%allowed). 5. Lot area (8,550 s.f. existing, 43,560 s.f. required). 6. Lot width (46'-50' existing, 140' required). This item was originally reviewed by the Planning Commission in January, at which time it was tabled for revisions. The applicant was advised to reduce proposed lot . average to the 1,500 s.f limit, eliminate the structure -to -structure setback variance to the neighboring garage, and attempt to maintain 10' setbacks from the side lot lines. The revised proposal was reviewed by the Planning Request for Council Action continued Page 2 of 2 April 18, 1996 Zoning File #2098 Commission at its April 15th meeting, at which time it was noted that the structure -to -structure setback variance had been eliminated, proposed lot coverage had been reduced to within the 1,500 s.f. limit, but due to the narrowness of the lot, side sc $ack variances were still requested. Planning Commission Recommendation Planning Commission reviewed the revised proposal and recommended approval as presented, subject to City staff and engineer working with the applicant and adjacent property owner to the east (AI Seran, who recently reconstructed his residence) to jointly address drainage needs for the site. Neighborhood Drainage Concern It should be noted that an anonymous person submitted a letter (Exhibit F of April 9th memo) expressing concerns about neighborhood drainage. Staff agrees that the Highwood Road drainage situation should ultimately be dealt with in a comprehensive manner. Staff Recommendation Staff recommends approval per the attached resolution. COUNCIL ACTION REQUESTED: Adopt Resolution # , 2nd series, granting lot area, lot width, 75-259 hardcover, front (street) and side setback variances to Eva Theobald for replacement of existing residence with a new home. Proposed Motion: Moved by , seconded by , to adopt Resolution , granting lot area, lot width, 75.250' hardcover, front (street) and side setback variances to Eva Theobald at 4101 Highwood Road for replacement of the existing residence with a new home. Vote: 17- ayes, O nays. ch MOAx Nort 24 s'`� J6saxwell;` log, �o •e� - Red'. 4i� Oat: a oA DANL -Goff, 'o ( G ,as Bay ,� ' \ 1 C�Wse .-,^`'; ,' . =u 'pro \. : Y ' 4Forest . NDYIEM BBay I C/'�• GRAIN fAYEr r r' — 420°3-Lakeaa o ' Fc Arm rdy\I 151 ISiVT AJ MDR Tn SHD' CIDfONMflr to Skogsberg Point gggr� g o r< POINT •MiN Nl°f o m a IlA 1- DDO 19 / MAN on West O R O O '• Crystal Bohm t '. .► Arm �� "° e C Ba a •� , 0 \ Sbad PaBa Point � �c9 ti V., ,1 y_ ... , \ DURING �1 BU A 1 J Fagerness Point 1 0tNsox ANF • PRI Ga.amGYM S.AM •A `�.� ���; A W. .l FfT �NYa�1� ~` • Ir "r tNtAl nli CAIt wrf, S fNDa[LIN � •AAYN Aq �e ''�': � ! cnMA K •'y�T f 0/ LA ■ Nn W AAtlo IotT LIr NLtiON AY! •V fi' �- TTlA •Y1 ON ■ LM Arl °° . 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PI43MOI PAGE 17 38 07-117-23 44 0010 38 07-117-23 44 0012 _ 38 07=117-23 44 0022 PROP "ON 04079 HIGHMOOD RD cc,� 04091 HIGHND00 RD ON W`L 04099 HIGHOOD RD ONNEq NAME JOHN T SANOORN ETAL tv F L JOHNSA 0 L FOSS / O L 8 R NELSON P / TAXPAYER J T UNBORN / FREpERIC JOHNSON ALON20 B SEDAN III HYIE/AOOR 1079 HIGIdWD RD 4091 HIGHHOOD RD 4099 HIGHN000 RD MMND'HN 55364 MOUND MN 55364 MIXRO MN 55364 .v/ 35 07-117-13 44*0013 •I3B 7-117-21 44 0014 `�� U y`SSP 38 07-117-23 44 OWLS H3C� 04105 HIGNNOOD RO 04109 HIGNNOOD RD PROP MDR EMIDIVA-T NIOIROOD RD/ 6 OKR NAME EbA-LRmAM E7U1" CNARLEryS/G A IURT ��jpt R��/i6l• y/ S GEO0.CE H APPLEOAIM TAXPAYER EV1j�YfgE0BA60 4105IfKGNW000CRL69N`\vPY GEORGE APPLEBALM 1'v NAME/ADDR 47.01 HICHHOOD ROAD `7", 4109 NIGHN055 RO MOUND H! 55364 HOLM HN 55364 ,�,.�t`!V 1p IIDIINW MN v5S64 38 07-117-23 44'0031 38 07-117-23 44 0033 38 07-127-23 44 00" PAW ADOR 04132 HTGHROOD R0 04108 HIGNOJOD RD 04M HIGHMOOD.RO GIKR NAME SCOTT 0 A CATHERINE ANDERSON JASON M THEZS JOHN N A ROBERTA J HENRICH O4' TAXPAYER. %OTT G A CATHERINE ANDERSON JASON THEIS ILL JOHN N A ROBERTA J HENRICH NU6/ADDO 4132 HIGX0000 ROAD 4108 HIGOOOO RD 4125 MIGHNOOD RD MOUND MN 55364 HOURD NN 55364 ORONO IN 55364, I8 07-117-23 44 0086 38 07-117-23 44 DOB' PROP AMR W109 HIGXNOOD RD 04116 HIGHND00 RD j ONNR RAW GLEN A BEARLY SAUER Iw' PNZLLIP M OTTO w TOTAL BATCH 507 00011 TAXPAYER GLEN A BEVERLY SAUER / PHILLIP ONTO :AME/ADDR .4104 HIOB1000 RD T NGUNn !N 55364 KN�- I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY RNOHLEDGE 00 BELIEF. �{ . DATE hI2.7J BY 3J . a '7 0011m, ii srcc'rING Application Date: 3120/01 Completion Date: 3/20101 60 Day Deadline: 5/18/01 REQUEST FOR COUNCIL ACTION Department Approval: Name Wendy Bonenberg Tale Zoning Adminstrator/Planner APR 2 3 2000 CITY ur vnvmu DATE: 449/01 ITEM NO.: (O Agenda Section: Zoning Item Description: 401-2669 Richard Wen 1396 Baldur Park Road Variance Zoning District: LRAC One Family Lakeshore Residential District (.5 acre) Lot Area: 13,670 s.f. (.31 acres) List of Exhibits: A Resolution B Staff Report and Exhibits of 4/16/2001 Application Summary: The applicants have applied for an after -the -fact variance to permit a 4 foot overhang that was added over an existing sidewalk. Over the past winter the applicants had some remodeling done to their residence. At that time it became evident that the sidewalk ]coding to the front door of their residence was covered with snow, ice and was dangerous to walk on. The four foot overhang does not increase the amount of hardcover in the 75-250' setback zone. The hardcover is currently 3,555.83 s.f. (36.3%) where 2,452 s.f. (25%) is allowed. In 1991 a variance was granted to allow the hardcover to be at 3,555.83 (36.3%). The overhang does increase the structural lot coverage. The existing lot coverage is 1,892 s.f. (13.8%) where 1,996 s.f. (14.6%) is proposed and 2,050.5 s.f. (15%) is allowed. Still below the allowed amount by City ordinance. 1. Section 10.22, Subd. 1 (B) and Section 10.56, Subd. 16 (L)(2): Hardcover in 75-250': To allow 3,555.83 s.f. (36.3%) of hardcover in the 75-250' Lakeshore setback, where 3,555.83 s.f. (36.3%) exists, and 2,452 s.f. (25%) is allowed. In 1991 a variance was granted to allow the hardcover to be 3,555.83 s.f. (36.3%). PLANNING COMMISSION: The Planning Commission recommended by a 5 to 0 vote in: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: To adopt or amend the enclosed resolution. Note: At their April 16 meeting, Planning Commission questioned the need for a variance application for this minor request. The Commission pointed out that the final result was no increase in hardcover over the percentage approved in 1991, and no need for variance to the 15% structural coverage ordinance. Staff felt this application was warranted based on the following: 1. The originally approved plans did not include the overhang. It has long been City policy that staff does not have the authority to approve hardcover tradeoffs when hardcover exceeds the limits. 2. Further, when a change in the nature of hardcover from nonstructural to structural is proposed, staff has not had the authority to approve such a change when existing hardcover is over the limits, even when the excessive percentage was allowed by a prior variance approval. 3. Generally, staff has always attempted to be conservative in administering the hardcover ordinances, in order to avoid the undue pressure from homeowners and builders that would accompany broad staff discretion in hardcover determinations. A RESOLUTION APPROVING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B), AND SECTION 10.56, SUBDIVISION 16(L)(2) FILE NO.01-2669 WHEREAS, Richard J. Wert and Marge A. Wert, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1396 Baldur Park Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 16, Baldur Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for an after the fact variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision 16 (L)(2) to allow 3,555.93 s.f. (36.3°/n) hardcover in the 75-250' setback area where 3,555.83 s.f. (36.3%) exists and 2,452 91 (25%) is allowed to permit construction of a four foot overhang over an existing sidewalk on the street side of the residence. 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 April 16, 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #01-2669. 2. This property is located in the LR-1 C Zoning District, where.5 acre or 21,780 s.f is the minimum lot area. The property consists of approximately .31 acres or 13,670 s.f . 3. The Orono Planning Commission reviewed this application on April 16. 2001 and recommended approval by a vote of 5 to 0. Page 1 of 5 4. The Planning Commission made the following findings of fact: A. The structural coverage on the lot is increasing from 1,892 s.f. (13.8%) to 1,996 (14.6%), still below the allowed 15%by City ordinance. B. The hardcover in the 75-250' setback zone is not increasing, it will remain at 3,555.83 9.11 (36.30/6). C. The lot is undersized for a lot in the LR-lC zoning district. 5. The City Council finds that the conditions existing on this property are peculiar to it anu do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more ofthe above findings, the Orono City Council hereby grants an after the fact variance to Municipal Zoning Code Section Section 10.22, Subdivision I (B) and Section 10.56, Subdivision 16 (L)(2) to allow 3,555.83 s.f. (36.3%) hardcover in the 75-250' setback area where 3,555.83 s.f. (36.3%) exists and 2,452 s.f. (25%) is allowed to permit construction of a four foot overhang over an existing sidewalk on the street side of the residence. Approval is subject to the following conditions: Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page 2 of 5 2. Authorities granted by these variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (April 23, 2002). Violation of or non-compliance with any of the terms and conditions of these variances shall constitute a violation ofthe zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersig.,ed applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 23rd day of April, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of April, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota Page 3 of 5 municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) On this day of , 2001, 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 ) ) as. COUNTY OF HENNEPIN ) On this day of , 2001, 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 Page 4 of 5 Exhibit 13% cn,�nn•w,•m •. vrnr ' lu 1,•, ra n. �..,-01n. . 11 ynq,in rmml,�h•IXlnnpanln LAKE MINNETONKA i! de 4 �� C1°, { i t. 1\, 1 C22a4w , b \ � i ki<75 hp-x11> e.rtlrr thnL this Is . \ 'ltn,, nhd corr.cl regnnnt.tic, Lot e.r,.fof the Cph.nkrl Id. ea p1 H' Ill perk, II.nn,glp YY(um,tr. Nbmesuto. u,ll the �loc,llm g Z' ...k^• or .,q existing bullElpys thereon. t F I nuns not 9ur,,,t to loc. en> f I a �Ibn.In>rn...alts or encrokLh. •pl- It r. T V' JC iIY1k. IN A f'illUXn F.11li. III[, Wo S ? 4a1 ;,hhnr, _ .r 4 PI j a. L,,,,I gpr..>,rra .,,e PI ,,, „ . 1 Lnryp lake. 111,1np 3pl. .,. Le ,• _ wr•3p, Ilnle >.>a119•M sowr 0,1tus be,n l.ret -m- Eslotl 1. ey centonr �' Page 5 of RALDUR PARK ROAD TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: April 10,2001 SUBJECT: 801-2669 Richard J. Wen 1396 Baldur Park Road ATF Variance -- Public Hearing Zoning District: LR-IC One Family Lakeshore Residential District (.5 acre) Lot Area: 13,670 s.f. ( .31 acre) List of Exhibit; A Analysis B Application C Survey D Site Plan I, Description of Request/Hardship Letters F Hardcover Calculations O Photos of Property H Location Map 1 Property Map J Permit Record K Property Owner's List Pertinent Code Section: .� . 1.. Sec�r`on`t0:03, bd 14 (C): Lot Coverage: For rem total area, the total combined footprint shall n tvft6e.7— . To permit the lot coverage to be 1,996 s.f. (13.9%) exists and 2,050.5 s.f. (15 ° rs d— 2. Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L)(2): Hardcover in 75.250': To allow 3,555.93 s.f. (36.3%) of hardcover in the 75-250' lakeshore setback, where 3,555.83 s.f (36.3%) exists, and 2,452 s.f. (25%) is allowed. In 1991 a variance was granted to allow the hardcover to be 3,555.83 s.f. (363%). Application Summary: The applicants have applied for an after the fact variance to permit a 4 foot overhang that was added over an existing sidewalk. Over the past winter the applicants had some remodeling done to their residence. At that time it became evident that the sidewalk leading to the front door of their residence was covered with snow, ice and was dangerous to walk on. The 4 foot overhang does not increase the amount of hardcover in the 75-250' setback zone. The hardcover is currently 3,555.!V�,36.3%) where 2,452 s.f. (25%) is allowed. In 1991 a variance was granted to allow the hardcover to be at 3,555.83 (36.3° o). The averhang does increase the structural lot coverage. The existing lot coverage is 1,892 s.f. (13.8%) where 1,996 s.f. (14.6%) is proposed and 2,050.5 s.f. (15%) is allowed. 001-2669 Richard Wen 1396 Baldur Park Road A Pario tce 41IW2001 Statement of Hardship: The applicants have provided their hardship statement in Exhibit D Issues for Consideration: 1. Would a gutter system work in this situation? Would the height of the gutters/roof make it difficult to keep the system clean and working? 2. The amount of hardy ✓er in the 75-250' setback area is not increasing. 3. The structural coverage is increasing but still i .low the allowed 15%. 4. The lot does not meet lot area and lot width requirements. It is undersized for a lot in the LR- IC zoning district. 5. Would applicants' acceptance of a condition that "the roofed area can never be enclosed with walls" be a factor in gaining an approval recommendation? 6. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the variance. k01-2669 Richwd Weft 1396 Baldur Park Road Vwiaace 41IW2001 Page 2 m ANALYSIS LR-I C Lot Area Required 21,780 s.f (.5 acre) Actual 13,670 s.f. (.31 acre) Hardcover Calculations: Distance from shoreline "focal area in setback Allowed hardcover Existing hardcover Proposed hardcover 0-75' 3,863 s.f. 0 s.f 0 s.f 0 s.f. (00/0) (0.11%) (0Yo) 75-250' 9,807.5 s.f. 2,452 s.f 3,555.83 s.f. 3,555.83 s.f. (25%) (36.3%) (36.3%) No Change Structural Coveraee: Total Lot Sin Total Structural Coverage 13,670 s.f. (.31 acres) Allowed: 2,050.5 s.f. (15%) Existing: 1,892.0 s.f. (13.8%) Proposed: 1,996.0s.f (14.6%) 8 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance 1" $150.00 (no change from original application) Variance for nonconforming structures $250.00 After -the -Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 1,5 115 Property Identification Number (P.I.D.)_ Attach legal description to application if Date Property Acquired /O -/3- q. I (do) (do not) also own the adjacent pa Present use of property: residential Zoning District: Application # _ o/-_Z Date Received 3- _20- a Amount Paid ,5a o included on required survey. Is of land. _other (specify) APPLICANT Phone (home) 52- D' Name � Phone (work) Address: City:� �_ Zip:�A OWNER (if diff, ent tart ap limit) Phone (home) fit' C? • Lf l 1. o7 77 Name I I oilTi Phoae (work) Address: City:_ ) zip: SS39 DESCRIPTION OF REQUEST Fs'mated Cortsmrction Cost $ mot Describe,request in detail:,, (attach additional sheets if necessary) VARIANCES REQUIRED -- Lot Area _ _ Lot Width Hardcover _Lot Coverage Setback: _ Front _ Side _ Rear _ Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty WI 1 p ope conditions preventing compliance with Zoning Code requirements: (attach additional sheets if necessary) s _n.1111, nl,..rl I, Y,•e nl Iw U," OYl�ln+ Ibrk Ilmnpplr, d nl Nl nnl'lnla LAKE MWNETONNA r Iln-an> orllh font tnls Is . nr a ....sera/ttn Oouuea�l.saot lal 1A• A.rOur Park. Ilenoepin Gnnll te. Nl one Sat a. uW the 10 1 uY mr, salstlny Mn 11 y 1 ays lhec t1 up II aa'v ant purport to snow m nl Ln• Inpra.nnantl or eo,o.ell' wrnl•, C w{11�s1c1y�1 X�r�A 6/1NMIK"G. Inc. . .i`I ! 1. �•im Lrrq Ilu. ta,. n..i, tawd lar>nYars .aa MI, to V111L.rke. Ih now saU ^ r . b .I•• I I • IIIM;� Ilnlr / ea MY••wv>✓nn Inw w.rk•s._ Ilntllw NV.11 Sea le.fl Owe) Spat ew.11onr otion I SALDUR PART( ROAD ; a:�sr NEW SHED ROOF COVERING EXISTING SIOEWA K W WMf&Mn. Ri W 13WS P Rd. Om D TJO ` k� WALDENWOOD VARIANCE APPLICATION: 1396 BALDUR PARK ROAD DESCRIPTION OF REQUEST, We are requesting an afterthofact variance for a shed roof over an existing sidewalk at the Baldur Park Road propertyty This peat winter Waldenwood added some expansion space to the Wen home on Baldur Park Road. During the course of the remodel it became very evident there was a safety problem for the Wetts. The sidewalk to their front door was continuously being covered with snow and ice. Not only were the Wetts concerned about this danger, but the carpenters on site also struggled with this concern as they too came and went from the premises. HARDSHIPMESCRIPTION OF UNUSUAL PROPERTY CONDITIONS It was agreed by :he Wetts (who are retired) and Waldenwood, that the beat solution to the dangerous situan2n would be to install a shed roof over the sidewalk, preventing the dripping from the 2 story eaves on to the sidewalk as well as the direct snow, sleet, and rain upon the walkwa. Due to the massive ice problems of these past months Waldenwood built the roof as quickly as possible in an effort to stem the possiblility of a serious fall on the icy walkway. We assumed we were not impinging on the hardcover of ri xoRerty because we were going over an existing sidewalk. It was only upon in ecnon that we learned of Orono's differenciatfon between structural hardcover and ground hardcover. The reality is that the roof will not only help during the winter months but will also be an asset during the rainy season helping to divert water away from the Foundation out on to the bushes and lawn. As the contractor, we recognize that we are amiss In following the proper procedures for adding such a roof. Please note that we were not trying to "get by' with something, (since we did request inspections on the framing of this root), but i tead were trying to move as gqsickly as possible to solve this extremely dangerous situatio us, we ask for your underamnding as well as the granting of the variance. _ 0 Design- Remodel • Build 2/925 Gk. Rord, %.,...d, MN 55551 Phoee 9524744165 F. 9524746206 Emra ,emodel®waWenwa"d.mm Wehd,e n mMenwwd.mm Cesdf ed Remodeled lah. Mal" 6 Vodea M&.n IC March 9, 2001 #19Pi69 j Orono City Council Dear Members: We are requesting an after -the -fact variance on the overhang on a portico that was just added to our house. We understand the overhang is considered hardcover thereby requiring a variance. A new addition over our garage created a hazardous condition with run off freezing on our front entrance walk. Another solution would have been to add a gutter in this area but the builder did not recommend it because of our advanced age and the fact it would be quite high in order to clean and keep the area from becoming hazardous again. A change would not only be costly for us but also not completely solve the problem of the drainage being away from the walk. We appreciate your granting this variance so it may remain as needed. Sincerely, �J Richard & Marge Weft 1396 Baldur Park Rd. Orono, MN 55391 HARDCOVER CALCULATIPN {YORKSHEET1" " ' 1 ' SETBACK ZONE: (CIRCLE ONE) 0-05' S- 250-500' S00-1000' FXIc'rrMG HARDCOVER A. Home IN ZONE x - S 32 4 S.F. .Vl�- a • norm ail 7 x vrmm _ .7. J e I3.(a8 S.F. z S.F. x = S.F. B. f3ange x ,�D 1%�'!7 S.F. .. C. .. .,-away ic�.3' z_ 7� .� 8�ls `is S.F. S.F. D. Sidewalk .i. 33 x .�i. 4Is _� 19 S.F. 5 x %7..5 = 9.5 S.F. E. Fgdo/Deck )O x S.F. vblch q. 7ti x S.F. F. Landscape 144.a x S.F. Underlain x S.F. ..S.F. 'Eipb-ant By Plastic x = ..\\5 Or Fabric O. Other kk R� 70TAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE - A + B x 100 PROM= HARDCOVER IN ZONE A. Home x uym wmm x z x 8. Oarge x C. Driveway x x D. Sidewalk x X. E. Patio/Deck x x F. Landscape x Underlain x By Plastic x 5. q'a S.F. -�555,U S.F. A S.F. B ,-5L, R S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. Or Fabric O. Other TOTAL HARDCOVER 1N ZONE - S.F. TOTAL PROPERTY AREA M ZONE - - S.F. A + B x100 = R .31 I NTN - g o i 1 4 �• t� ':� 400 E s EMT LA ST y,T51 MAY DE 110 -SF1U �•� - 3 FLY p SUTSES ti -1- COIIfSe'�'' FOX w WEST tNANCN NO 151 � 4♦ Nort �� o°e j Noerenaxwell berg rde b OANE CA nO 90 \ ` • Marwe 1 • r(^'\ : '(4f , o3AT �: •� 1� u BQY F�, y! .orest E ° NINOVIEW �AVE �� . _ Bay 1 V 200 • Lake Arm `�.. Y o B►8 151 = �4�+a J NORi,V SMOKE + - t! Skogsbog Point 4_ ,' Eo •.. �' a i _. a Y ,`.NM NROe O aaj Y[��� `�eOMNSIa _ _ 1 POINT EA Ei00 Q West 19= �irE io ! N = ORONO �� J% Arm ;; Aso- �` Crystal !' ' ♦ - Bo, : Bohns.Poinr Cr Shad Pdnr DEERINO `�'�•ae Bay i. ISLAND B000C LA \ _ Fagonea Pdnr amm AVE P•,_RI seaeTElle Ax / , T 0 tr Park Bay Carman A WINNE B Ezt 0 n�e�nPoint �j I `'°o ono+'..aBay A. i lI � ,: ua� � i �-0?3 ■i z,-,�- � ,, ,- � ,� , � j ,u ���-� q �� /�� �` � ��., ,., ;� �� .. 3� �,' �. ,.� , � ',�-5��- f �,� .�� _ ®�,F+� T PERMIT RECORD Date Type of Permit (*XC4F I M DATE 03/14/Dl HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM REPORT NO. PI435401 PROPERTY OWNERS LIST PAGE 6 BATCH 302 38 06-117-23 31 0001 PROP ADDR 01400 BALDUR PARK RD OWNER HAVE CHARLES B REID TAXPAYER CHARLES B REID NAME/ADDR 1400 BALDUR PARK RD WAYZATA HN 55391 3e 08-217-23 31 0094 PROP ADDR 01384 BALDUR PARK RD OWNER NAME M 0 0 J A VERSTEEG TAXPAYER MARK 0 VERSTEEG NAME/ADDR 1384 BALDUR PARK RD WAYZATA HN $5391 38 05-117-23 30 091I PROP ADDR 01400 BALDUR PARK RD OWNER NAME WILLIAM L/KRISTI O ANDERSON TAXPAYER WILLIAM L/KRISTI B ANDERSON MAME/ADDR 14" BALP nR PARK RD WAYZATA MN 55311 36 08-117-23 34 0031 PROP ADDR 00038 ADDRESS UNASSIGNED OWNER NAME REGINALD A-PIKDLER TAXPAYER R A SPINDLER NAME/ADDR SPRING FARM 840Z BURROUGHS RO W DEER PARK NA 99006 38 08-117-23 34 0034 PROP ADDR 00036 ADDRESS UNASSIGNED OWNER NAME HENNEPIN FORFEITED LAND TAXPAYER CITY OF ORONO NAME/ADDR P 0 BOX 66 CRYSTAL BAY MH 55323 35 08-11.-23 31 ODa2 01396 BALDUR PARK RD R J A M A NETT TRUSTEES RICHARD A MARGE NETT 1396 BALOR PARK RO WAYZATA MN 55311 SB 08-117-23 31 0005 01376 BALDUR PARK RD J WANG A D L BOTHWELL-WANO J MANG A D L BOTHWELL-WANG 1376 BALDUR PARK RD WAYZATA MN 55391 38 05-117-23 34 sole 01404 BALDUR PARK RD CHARLES AFFIAS CHARLES AFFIAS 2634 JERSEY AVE S 57 LOUIS PARK MH 55426 33 08-117-25 54 0032 00038 ADDRESS UNASSIGNED REGINALD A SPINDLER R A SPINDLER SPRING FARM W9402 BURROUGHS RD 'R PARK NA 91006 TOTAL BATCH 502 00013 38 Oe-m-23 31 0003 01392 BALDUR PARK RD GILBERT H L ROXANE T GENLE GILBERT H A ROXANE T GEHLE 1392 BALDUR PARK RD WAYZATA MH 55391 38 08-117-23 34 0016 01412 BALDUR PARK RD C C H6GFORS L K E NAGFORS CURTIS C HAGFORS 1412 BALDUR PARK RO WAYZATA MN 55591 35 06-117-23 34 0030 00036 ADDRESS UNASSIGNED REGINALD A SPINDLER R A SPINDLER SPRING FARM 8402 BURROUGHS RD W DEER PARK NA 99006 3e 08-117-23 34 D033 00038 ADDRESS UNASSIGNED HAROLD R KITCHEN HAROLD KITCHEN BOX AIR MISSWA HRH 56468 CoouV^t aAPPTn Completion Date: 3128101 APR 2 3 2000 Application Deadline: 5/27/01 CITY yr ,n"VU REQUEST FOR COUNCIL ACTION DATE: April 19.2001 ITEM NO.: 7 Department Approval: Administrator Reviewed: Agenda Section: Name Paul Weinberger Zoning Title Zoning Administrator Item Description: 40I 2672 James and Sharon Walker 2685 North Shore Drive Conditional Use PermitNariance Zoning District: LR-1 A One Family Lakeshore Residential District (2 Acre) Lot Area: 2.3 Acres (99, 108 s.f ) List of Exhibits: Resolution Site Plan Planning Report Application Summary: Applicants have requested a conditional use permit for a guest apartment located within the proposed principal residence. The guest apartment would be located above the garage and connected to the main part of the house by a fully enclosed walkway. Non -rental guest apartments are a conditional use in "R" districts. The Municipal Code requires the guest apartment is for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall beat least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address. A variance is required to permit two accessory buildings to remain on the lot. The buildings will only remain on the property for the time period between the removal of the existing residence and construction of the new house. One building is a screen house located near the lakeshore within the 0-75' setback and the second is i..ower that has been on the property for many years The existing house was originally constructed in about 1903. PLANNING COMMISSION RECOMMENDATION The Planning Commission voted 5 to 0 to recommend approval of the conditional use permit for the non - rental guest apartment and variance topermit the towertoremain on the properiv The Planning Comm mion voted A to I to recommend approval of the variance to permit the screen house to i, iam on the pr..pertv It was the minority opinion the screen house should be removed because it is a structure within 75' of the lakeshore of Lake Minnetonka. #01-2672 James and Sharon Walker 2685 North Shore Drive Approvals are subject to the conditions as listed in the resolution attached (Exhibit A). COUNCIL ACTION REQUESTED Motion to adopt the approval resolution. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION G AND GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDI', ISION 9 (A) FILE NO. #01-2672 WHEREAS, James Walker and Sharon Walker (hereinafter "the applicants") are owners (hereinafter "the owners") of the property located at .'685 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Tract A, Registered Land Survey Number 1373, Files of the Registrar of Titles. Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due publishe. 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 April 16. 2001, 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 for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivison G to permit a non -rental guest apartment within the main residence and a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit two accessory buildings to remain on the property following removal o. i+ P�.sling principal building. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. FINDINGS This P.-iplication was reviewed as Zoning File 001-2672. The property is located in the LR-IA (2 acre) One Family Lakeshore Residential Zoning District. The Orono Planning Commission reviewed this application on April 16. 2001 and recommended approval of the conditional use permit for the non -rental guest apartment and to permit the "tower" accessory building located within the 75- 250' lakeshore setback, and voted 4 to I to recommend approval to permit the "screen house" accessory building located within 75' of the lakeshore to remain Page 1 of 6 on the property based upon the following findings and hardships: A. The property is scheduled to be redeveloped. The only period of time the accessory buildings will remain on the lot is the time period between demolition of the existing principle building and construction of the new house. B. Non -rental guest apartments are permitted by review the Planning Commission and Council as a conditional use permit in "R" residential districts. The zoning ordinance defines a non -rental guest apartment as follows, "An %parlment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address." C. The guest apartment would be located above the garage and connected to the house by a permanent walkway to be constructed between the garage and house. The Planning Commission finds that the proposed configuration meets the intent of the ordinance. U. The accessory buildings have historically been located on the property and have not exceeded their useful life. The tower has recently been remodeled and the siding has been replaced. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variances and conditional use permit wcald not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property: would not merely serve as a convenience to the applicants, but is Page 2 of 6 necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.20. Subdivison G to permit a non -rental guest apartment within the main residence and a variance to Municipal Zoning Code Section 10.03. Subdivision 9 (A) to permit two accessory buildings to remain on the property following removal of the existing principal building. subject to the following conditions: 1. Property shall be developed as shown on the approved site plan dated 3-19-01 attached hereto as Exhibit A. 2. Property shall be subject to a restrictive covenant recorded on the chain of title stating the apartment within the principal residence is for use by occupants of the principal residence, including their domestic employees or non-paying guests. No rental of the guest apartment shall be permitted. 3. Utilities shall be metered separately from the principal residence utilities and shall not have a separate street address. 4. Authorities granted by this variance run with the propeny not with the applicants. but are permissive only and must be eeercked by application for a building permit within one year of the date of Council approval. or this variance will expire on that date (April 23. 2002). Page 3 of 6 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of April, 2001. ATTEST: Linde S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) Property Owner The foregoing instrument was acknowledged before me on this 23rd day of April, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _day of , 20_ 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 ) ) as. COUNTY OF HENNEPIN ) On this _day of , 20 before me a Notary Public within vnd for said county, personally appeared known to me to be the penon(s) described in and who executed the foregoing instrument, and acknowledged that be(they) executed the same as his (their) F^e act and deed. Notary Public Page 5 of 6 a d x w h O' O� O s ti, T t O s JI U r• Caves+ �Qwt+mt+T+l �`•,.,.ee, CERWCATE OF S VEY FOR aL^a SALA ARCHITECTS gyp' d TRACT A. RLS. W. 1373 1[Rft C"TY. 1e! TA L _ A xagY �1 N g^L_J 1 r .w LAKE MINNETONKA (W6m .,) ! ,ci Q: W f 1 C ----. _ l PROPOSEDL � j C.) � 1 �n '.. n f • I a �. iFN w � 1 biy T sr� I: a� nq•vs N fpa w•�F Wry, Ymwle MR w,�•nN wl� wv�rMY.• •. •.aa...� w. �...M...� �_1.9T\yam u•n MM�w.www6YFY�wY'YM.. �v.e•�•a Mw Y. �wY arw N w �eY� Y Y .IiY'rtr! le5k AV a,� tAl'A�j iVVG5& PRoposEDL A HOUSE aff=T f CERTIFICATE OF SURVEY FOR SALA ARCHITECTS *0' OF TRACT A. R.L.S. NO. 1373 HENNEPIN COUNTY. MINNESOTA L -J Older c Screen Now LAKE MINNETONKA (CRYSTAL BAY) D_q- 17- 3 -- - --- 6 I F Hennepin County Taxpayer Services YDepartment; 4ENNEPIN REGIONAL qRk oiS7A�cT MINNETONKA cnraT.. an. P,Ls oN ��Sfae�c� po n:o 1467 1 6y i 1 a KE FRENON to ./ 9! T, \ -- Parcel Information ., Parcel t tt 0911723420004 .sic House Number 2F85 - Street Name NCR': H SNORE DR Condominlum - This Is rfof a legally recorded map. It Wmen6a a nvripilnlron of mformaeon end data hom Gtv. Count. and State road awrOrIM trd other sotacea. . Application Date: 3128101 60 Day Deadline: 5/27/01 TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Paul Weinberger, Zoning Administrator/Planner DATE: April 12, 2001 SUBJECT: #01-2672 Jim and Sharon Walker 2685 North Shore Drive Variances and Conditional Use Permit Zoning District: LR-I A One Family Rural Residential District (2 acre Required Area = 2 acres Actual Area = 2.3 acres or 99,108 s.f. List of Exhibits: A Application B Plat Map C Site Plan/Sur:ey D Main House Floor Plans E Guest Apartment/Garage Floor Plans F Elevation Views G Tower Photo H Screen House Photo 1 Hardcover Calculation Worksheel J Property Owners Notification List Pertinent Code Sections: Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L). Hardcover Review 0-75' setback area = 876 s.f. (4.7%) Screen house and stone walkway to lake 75-250' setback area = 10, 124 s f. (23%) 250-500' setback area = 8,646 s.f. (23.8%) • Hardcover calculation worksheets have been attached Section 10.03, Subdivision 9. Accessory Structures Two accessory buildings would remain on the property following removal of the existing residence. The'7ity requires no accessory buildings shall remain on a property following removal of a princinal building 1) Screen house at the lakeshore 2) Tower 901.2672 Jim u,d S6von W Ab 2615 N $6 z M.n' Y6nnrsr •W C.j,.n.I U. Perm" rrae 1 3. Section 10.20. Non -rental Guest Apartments. Arc permitted by review the Planning Commission and Council as a conditional use permit in"R" reaidential districts. Thezoning ordinance defines a non -rental guest apartment as, "An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall beat least one access door to the apartment from within the principal structure. and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not ha• a separate street address." Technically a variance is required from because a door that would function as the primary entrance to the guest apartment is located on the exterior of the structure. There will be access from within the primary part of the residence, however the access is via a corridor between the two residential portions of the house. It can be argued the guest apartment area does function as part of the main house because the garage is lo. Jt:ed in t .- same part of the house as the guest apartment. All pans of the two dwelling areas do function together. Background: The existing house was originally constructed in about 1903. The house is scheduled to be removed ar.d a new house constructed. On the property are two unique accessory buildings that would only remain without a principal building for the period of time the reconstruction requires. One building is a screen house located near the lakeshon, within the 0-75' setback and the second is a tower that has beet, on the property for many years. The property and accessory buildings are adjacent to the Noerenberg Park. Two access points are on the property to North Shore Drive. Both are proposed to remain as shown on the site plan attached. Options for Planning Commission Action: Recommend approval of variances and conditional use permit a) Accessory Buildings b) Non -Rental Guest Apartment A recommendation of approval shall include consideration of the following. a) The apartment within the principal residence is for use by occupants of the principal residence, including their domestic employees or non-paying guests. Norentalofthe guest apartment shall be permitted. 0 0 1 ,2672 Jim uia sham, W Wkn 21 Nor Shore Dmrv, v".., NQ C.M."mnel U,e P m l rger b) There shall be at least one access door to the apartment from within the principal structure, and findings shall be made to permit the access to the guest apartment from the exterior ofthe structure. More than one exit should be available to occupants of the guest apartment area for fire safety purposes, especially since the apartment area is located next to and over the garage. c) Utilities shall be metered separately from the principal residence utilities and shall not have a separate street address. Recommend denial, stating reasons. Table. 4. Other action. 601-2672 J. and Sh.. W9W 205 N.M Hart nr,ve vuuna' mA CmWmontl Use hm,ii PW 3 rA i7z Application# OI-acd�a Date Received 3-d8-01 (Pig Paul Amount Paidf! a25•ou CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION T Siie Address a(oPis "ram Siianr. iL Type of Application to be Filed Property Identification Number (P.I.D.) APPLICANT cTi Phone (home) K? P'3a ll Name ]L)A n W • 1C.14]F�/aVAS &MCAL& Phone (work) 2fR 2-� Address WF,, City y1tPw Zip-5220 OWNER(if different than applicant) Phone (home) %SZ-'176-)77q Name it, J applicant Phone (work) Address"19 I-tO-RTN &Iat.F.�_Cit bYWJO Zip�L Date Property Acquired (monthlyear) I (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _ S 75.00 For each variance request «ith CUP application— ;i'ofy" wad-✓ _ $175.00 Residential Accessory Use dAlo- - _ S250.00 Instimtiot (church, school, etc.) $225.00 Guest HoLseIGCest Apartments _ q rad Kry $200.00 Duplex Credit/Bldg J P 1 � _ $325.00 Commercial/Industrial Use _ $250.00 Land Alteration _ Grading and filling - designated wetland or floodplain _ Graduig and filling - 501 cu. yd. or more Grading, seawall, retaining walls within 15' of lakeshore _ _ PRD/PID - see Fee Schedule _ $150.00 Renewal Fee (no change from original application) After -the -Fact Fee - Double Current Application Fee OTHER APPLICATIONS _ $275.00 Commercial Site Plan ReNiew (+ consultant fees) _ S300.00 Vacation _ $200.00 Easement Vacation _ $100.00 Easement Vacation With Subdivision _ S350.00 Rezoning (PUD - refer to fee schedule) _ $375.00 Comprehensive Plan Amendme:mt _ SI00.00 Appeals Other - see Fee Schedule CER SAL Or 40 HENN ------- PROPOSEDL HWSE 6ves� Apa�+Mel+ll�a�o�t. a CERTIFICATE OF SURVEY FOR SALA ARCHITECTS *Dk-0' q9' OF TACT A. R.L.S. NO. 1373 HENNEPIN COUNTY, MINNESOTA 551LAKE .,. al, 11 MINNETONKA (CRYSTAL BAY) &Lran Hots c. ...� •O l au« s..ce� D 1= 0 .}• 11 0° i 'i� ;I �' Y+uc MiID PiM qd i �---------- ___---------------------- __ __T IN • r pp f t• � l J ,LI_J... 103 M. ® LOfq �fLb1[1: [towncu. I G IN a"51+ Apew4v%QtA+ —A6c, 3 Co-9argcdc, Dues+ Aoar•1ruen.} - Pe- door I`r Q_�ylwnay •, Vpr uea Wine' Cj K23i' Ao�-f,�,�._f� Garue�. �� i ' ,,+ ,, �, ,�:. r. �� u d �'\; Ry ). \� '1':- -'- �� \� �.j a�( � fir... I y� k Gu.f, Rffl-IfNCF HARDCOVEI CALCULATION 1V(IIUCSLIL' E'l SETBACK ZONE: (CIRCLE ONE) `0.755. 75-250' 250-500 .E%ISTMG HARDCOVER M ZONE ' A. House 10.5 x- L npa W,dm x ' It x ` B. Garage x ` C. Driveway x ` x D. Sidewalk x E. Patio/Deck x ` x ` F. Landscape x ` Underlain x ' By Plastic x - ` Or Fabric .G..Other .- x - TOTAL HARDCOVER M ZONE TOTAL PROPERTY AREA rN ZONE A w B PROPOSED HARDCOVER M ZONE' A House x LrnM x x B Garage x C. Dmeway x x D. Sidc.alk i3i ± x x E. Patio/Deck x F Landscape x Underlain x BY Plastic x Or Fabnc G. Other x TOTAL 4ARE)COVER IN ZONE TOTAL PROPERTY AREA M ZONE A . B U'.dih 3-2•oy 509.1000' Z 241 S.F.-Xllj�N ItouSE AT SWAE 2S (0"CRFTG 5F.r fca151WW 'A S.F. S.F. S.F. S.F. S.F. SI S.F.-CoW. Sr[PS Ib S.F.-sraprts MW§5 S.F. S.F. Z03 S.F.-AT saran Wm S.F. S.F. S.F. S.F. A 1 f D s S.F. B ST ST S.F S.F 41 _ S.F. S.F. 3� S.F. S.F.-st�9000" S.F. S.F. SF S.F. S F. S.F. _ 976 ± SF. A 18 70G + S.F. B 4.6A r✓a /.U/tMF[ i!F!/of✓�f 3-2-01 11A1(DC6VEI1 CALCULATION WORKS E'I' SETBACK ZONE: (CIRCLE ONE) 0.75, 75-251)' S0-500 500-1000- ' EXISTING HARDCOVER IN ZONE A House x -... _-S F. Lenpa wmm - x _ _ _ S.F. _ x - = — — S.F. ... x SF B. Garage x _--_ S.F. C. Dn%eway x S.F. x • S.F. D. Sidewalk _ r • S.F. x • S.F. - E. Patio/Deck x _ S.F. x S.F. F. Landscape is .. • S.F. Underlain x S.F. By Plastic x = S.F. Or Fabric G. Other x S.F. TOTAL HARDCOVER IN ZONE - S.F. A icCl TOTAL PROPERTY AREA IN ZONE - 30. -a'IO S.F. B-fkccraaa-a A + B ': !10 % W.ne. Alw PROPOSED HARDCOVER IN ZONE' A House x 1142 S.F. Lenph - width x - S.F. x - S.F. x S.F. B. Garage x S.F. C Dncawsy x ` 72263 S.F. x S.F. D Sidewalk x 1301 S.F'Ss'ON6 WA1-1f5 x • S.F. E. Patio0ock - x • - S.F. x S.F. F. Landscape _ x S.F Underlain x _ S.F. By Plastic x _ • ST Or Fabnc .. - G Other R_7_ A-$/t x _. 154-* SF.—FOUMTNaa TOT kL HARDCOVER IN ZONE Bd'16 '_ A TOTAL PROPERTY AREA IN ZONE _SF 96.34E SF B BLOW DATE 04/04/11 HENNEPIN COUNTY PROPERTY INFORMATION EM REPORT NO. PI415401 PROPERTY OWNERS LIST PAGE 49 BATCH 511 L 09-117-23 13 0009 PROP ADDR '92640 WORTH SNORE DR DWNER NAME S 5 OLSON R K J OLSON TAXPAYER WEBBY OLSON L SCOTT OLSON NANE/ADD* 2449 WORTH SHORE DR WAYZATA MN 55391 38 09.117-23 42 0002 PROP AOOR 02605 MONTH SHORE DR OXKN NAME J O JEROME A S K JEROMi: TAXPAYER JOHN 0 A SANDRA K JEROME NONMEMBER 2605 WORTH SHORE OR WAYZATA NO SS391 34 09.112-23 42 0007 PROP ANN 0003E ADDRESS PENDING OWNER HAW J A WALKER A S S WALKER TAXPAYER JAMES A A SHARON S WALKER - NAME/ADDX 2N5 NORTH SHORE OR CHROND MN 55391 30 09-117-23 24 0001 02865 NORTH SHORE OR HEWN CO PARK RESERVE DIST SUBURBAN HEWN REG PK DIST 12615 CTY RD 9 PLYMOUTH HN 55441 38 09-117-23 42 0004 02685 NORTH SHORE OR J A WALKER A S S WALKER JAMES A A SHARON S WALKER 2605 NORTH SHORE OR WAYZATA HN 55391 TOTAL BATCH 511 00007 38 09-117-23 42 0001 02655 NORTH SHORE DR C A LINDELL R J J LINDELL CRAIG A A JENNIFER J LINDELL 2655 NORTH SHORE DR WAYZATA MH 55391 38 09-117-23 42�0005 02683 WORTH SHORE DR E P WILSON A K A WILSON E P WILSON L K A WILSON 2633 NORTH SNORE DR WAYZATA NO 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACLURATE AM TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOWLEDGE AND BELIEF.. :ATE BY BY M-n ucc71NG pPP e i 2000 REQUEST FOR COUNCIL ACTION Gu r — VMWIVU DATE: April 20,2001 ITEM NO: 9 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Moorse /� City Administrator's Title City Administrator �///l// Report Item Description: Sprint Proposal for Tel /// mmmunjications Antenna and Tower Attachment: Sprint PCS Lease Proposal Several months ago, Sprint PCS indicated the need for an additional telecommunications antenna site to provide PCS coverage in the Crystal Bay Area. At that time, the Sprint representative was advised that the City regulations only allowed antennas on the two City water towers, and that allowing antennas at any other locations in the city would require amending those regulations. Staff suggested an option that may be acceptable to the city would be an antenna located on an existing emergency warning siren pole, which is approximately 55-60 feet in height. Staff specifically suggested the siren in the French Creek Preserve Park. Sprint evaluated the French Creek Preserve site and found that the site was too far away from the Crystal Bay area. Staff then indicated the Crystal Bay Park may be an acceptable site for a combination emergency siren/antenna. However, staff made it clear that the height would need to be limited to 55-60 feet to limit the impact of the pole and antenna on the neighborhood. Sprint has now evaluated the Crystal Bay Park site, and found that it works with a tower that is a minimum of 80 feet in height. Staff has indicated to sprint that an 80 foot tower in not acceptable. While a 55-60 foot wooden pole can blend into a park setting, an 80 foot tower is not compatible with a single family residential neighborhood. At a recent worksession, the Council indicated it was willing to consider amending the City's antenna regulations to allow antennas to be placed on existing emergency warning siren poles, but would not consider any changes beyond that. Although staff has communicated the Council's position to Sprint, they have requested an opportunity to present a proposal to the Council regarding an 80 foot tower in the Crystal Bay Park. Staff Recommendation Staff recommends denial of the proposal. An 80 foot tower is not compatible with the City's residential neighborhoods. The acceptance of the Sprint proposal would open up the City's residential areas to 80 fool towers. COUNCIL ACTION REQUESTED: Motion to deny the request by Sprint PCS for a telecommunications antenna on an 80 foot tower in the Crystal Bay Park area LEASE PROPOSAL TO THE CITY OF ORONO FOR THE PROPERTY LOCATED AT 1355 BROWN ROAD SOUTH ORONO, MINNESOTA SUBMITTED BY SPRINT PCS By The Everest Group (.io .m tfufsp ) 7900 Ffighway 7 St. Louis Park, MN 55426 Jum Johnson (612) 57M247 TABLE OF CONTENTS OpeningStatement.................................................................... 1 ProposedSite Sketch................................................................ 3 Photo Simulations...................................................................... 4 Similar Installation at Hwy 7 & 101........................................... 7 Typical Stealth Poles................................................................. 8 Coverage Map Without New Site .............................................. 9 Coverage Map With New Site .................................................. 10 Proposed Site Plans................................................................11 I aS �Et Iv F"alnl fw a Xpnm, 1 Pocdm a Th t NJ Crtnal Aar 15n1 bRm OPENING STATEMENT In an effort to provide complete coverage of PCS telecommunications services, Sprint PCS ("Sprint") engineers have determined that a new telecommunications facility would be appropriate in the area which includes the property owned by the City of Orono and located at 1355 Brown Road South (the old Crystal Bay post office). Sprint telecommunications services have proven to be a vital part of any community's communication needs and emergency response services. The addition of a new facility in this area will provide added and more complete coverage than is currently available. This added and enhanced coverage will benefit not only personal use but also emergency and rescue services in this area. The benefits to the landowner that assists Sprint in locating a tower are both civic and economic. The neighbors that surround your property will be directly benefited by the added telecommunications services and emergency services will benefit by having an alternate form of communication in times of need. In fact, the proposed location of this tower is from the many requests of neighbors and others in your area for increased Splint coverage. From a fiscal standpoint, the landowner who leases property to Sprint will benefit by a steady stream of income fw many years to come. The economic benefits the landowner will receive are not decreased by any costs. The Everest Croup, in its role as site acquisition and initial developer for new Sprint telecommunications facilities, takes we of all costs associated with zoning, construction and maintenance of the telecommunications facility. Additionally, no presence on the part of the landowner is required at any step in the City approval process. Simply stated, the City of Orono will receive 5600 up front for an option and upon Sprint taking physical possession of the leased parcel, monthly rental payments, without any offset from expenses or fees. PROPOSAL SPECIFICATIONS Typically, the prospective landowner signs an option and lease, which ali, ws The Everest Group, acting on behalf of Sprint, to take steps required by the City to erect a new telecommunications facility. Following is a Flowchart that describes the typical procedure and specifications for this particular telecommunications facility. The lease form that would be used would be similar to that lean executed between the City of Orono and Sprint for the Sprint facility on the Orono Water Tower near the Orono City Hell. • The Option: Sprint is offering to pay $800 for the right to exercise the lease described below. This is a one-time unconditional payment If SprintPCS does not use the land for any number of reasons, the City of Orono will retain the option payment. • The Lease: Sprint is offering to pay E600 per month for rant The rental amount takes into consideration the cost that Sprint most incur in initially building the facility. Typically, the term is for 5 years with 4 automatic renewal options of 5 years each. Monthly rent is increased at each renewal option by 15%. Following is a breakdown of the stream of lease payments and increases over the 25 year period: M HLY EYEAR TOTAL YEARLY PAWENT TER" PAYMENT 8W.00 1 s 9,600.00 920.00 2 $ 11,040.00 1,058.00 3 $ 12,696.00 1,21670 4 S 14,6WA0 1.399.21 5 $ 16,790.46 TWALEYEAR TOTAL Ee YFAR TERM PAYMENT TERM PAYMENT S 48.000.00 $ 55,200,00 $ 63,480.00 S 73,002.00 6 83,952.30 $ 323,634.30 for. Srynn MS FOOIIM1 It The. ad Cn...l 6n1 Pml nlam • Expenses: As discussed above, The Everest Group and Sprint will absorb all costs associated with the facility. All costs associated with zoning and City approval will be paid by The Everest Group and Sprint. Separate power and telephone connections will be run so that no utility bills are shared. Any property tax increase that is a result of the new facility will be paid by Sprint. Sprint will provide insurance for the facility and obviously, Sprint will pay for the construction of the new facility upon the leased premises. • Size and Location: Sprint was directed to the Old Crystal Bay Post Office location by Ron Moorse of the City of Orono. Thr area near the old post office located on Brown Road was analyzed by Sprint and it appears that the site will meet Sprint's coverage objectives. Ideally, the preferred height of the tower would be one hundred feet, but Sprint is willing to consider a lesser height of eighty feet that will meet the baste coverage objectives. The proposed facility would be placed to the rear of the existing post office building. The minimum lease area Sprint typically requires is a 50' x 50' parcel. However, Sprint would again be willing to minimize the impact upon the area with a 20' x 25' parcel. The facility and tower could be screened in any manner that is appropriate to minimize its visual impact upon the neighborhood. • Maintenance and Traffic: The facility would require maintenance, at most, once or twice a month by one or two Sprint maintenance technicians in a typical commercial van or trick. The maintenance individual would only need to access the equipment area and no other part of the property. • Noise and Disturbances: The facility will not generate any vibrations, smoke or particulate matter, toxic or noxious matter, odorous mane, fire or explosive hazards, glare, heat, liouid or solid waste or radioactive materials. The only noise that will be made is that of a seen conditioner unit. • Safety: The transmission antennas do not pose hazards to human health. Studies and reports verifying the safety of the facilities can be provided at your request. Thank you for your consideration and time in this matter. If you are interested in the possibility of locating this proposed Sprint facility upon the land described above, or if you have any further questions, please contact me at your earliest convenience as time is of the essence in this matte. Respectfully submitted for your consideration this 27' day of March, 2001. By: Jaren Johnson Zoning Attorney The Everest Group 7909 Highway 7, Suite 125 St. Louis Park, MN 55426 612.578-6247 ZJV 93 0 212 1199 5 w7 J r 1 s 00 � If (101) rl w 4 1 V � s; 175 YGi `o is �) � Ca R 1 1�5 m 0 C7OD CD ---I Z .9 Ahemate lon4on par Ran Mtwrse - Existing tree tine co Approximate location of Crystal Bay post Office building. Proposed 20'x25equipment area .vith 80'.100' steallh- type monopole inside of the compound Compound to be covered by cedar fencing Placement of the equipment compound ant! Stealth -type monopole directly behind the post office building will minimize the aesthetic IMF .I of the site upon the neighborhood. The area will be Perceived as a part of the post office building rather than a separate facility. 3 FOX HOLLOW .•-oars+./ - i d. �i�w�iw�w�.��w• i .r syFatiT: I I I I I I I r I �Fo4 h. 7 � fuel -..MEMMM 5 y%� P STEALTH -TYPE (FLAGPOLE DESIGN) MONOPOLE LOCATED AT CUB FOODS ON THE CORNER OF HIGHWAY 7 AND COUNTY ROAD 101 moo . Aso EXAMPLES OF TYPICAL STEALTH POLES CRYSTAL BAY SITE NO.: MS21XC893A RAW LAND NEW ANTENNAS ON A NEW MONOPOI N I.5 -1 A- SIIC 0 o CR. Na 31 Or 4 MN DIRECTIONS: AIRPORT: MERGE ONTO 1-494 WEST (STATE ROAD 5). CONTINUE ON 1-494 AS IT TURNS NORTH. AT 1-494 EXIT 19B TURN WEST ONTO 1-394 (HWV 12/WAYZATA BLVD). BENT LEFT (WEST) ONTO COUNT' ROW 15 (SHOREUNE DRIVE). TURN RIGHT (WEST) ONTO COUNTY ROAD 51 (N. SHORE DINE). TURN RIGHT (NORTH) ONTO COUNTY ROAD 146 (BROWN ROAD) PROCEED TO POST OMGE SITE. AREA MAP NO SCALE 511E ..KA. Y521.u.0 MIT NWE. C". IM, 511E AGGRESS: 1355 BNOtm MU SpRN ORyp. Y4NEX1i1 SSJ9i CW ' NI SOmNL.NI.swK W. OM1 OE ONCNO Wa 10-117-23-d1-0101 LM YM Iq. NnA m ttNSiRmux,: Nk, allottan an a NNAO OYNCR. POINN4. ."do. 5W., PmER C0 ACT. MIIIBP612) I.1 � /yp11µyl: $PRlxr EGEC1.t1N L,. 9Bpt M51 MGGM IA SVItE yp AOSEMl111. u 5001e .Iwn euEI1EVT en-3e.-3aoo PoVEN MOAER: RIICIY NSV NtlxE WO/IXR: N1ard: US MST �GE.P XSTN AT CE A kXN0NAE WMER MM ANEMIAS .W0 6ASE 1RNFAiNER SRE (T5). PROJECT SUMMARY 1YVF Of COTISIMICIIM UN02E0 Vbf1S UY MY. V If pectrumy TAL BAY MS21XC893A VV LAND ON A NEW MONOPOLE YSS�YC59]n CR T& W tO 0. HxE5 A M391 HINx x ;rxCi9x: Cm a Max, Tu-uv-m-.u-UIGI u51RUM0.v: IN W. Pl. M M Mann P.o a M0sP ...KWTn 55 1 .1 (Pe i) zw�-.�eao . ZTAVY P. ON, KV xt- F0. wrtE JW N EY T. Y 6M,a .roux PYCXEPT Ml-]M-]MY DER. x P W OEx: Vs wESI iCNE: CR-PMN (P.0) Cf 1 YMP0.E TO E$ u0 B E TMxsCErvEA ;T SUMMARY smucnne ua;um wcTs u SHEET INDEX P,mn ¢ uxYw.+m um xor EM xuYw WH4YEML xwpcwvm rcca PEwYLIp115 nm xEaiErto. FNISHED GRADE ELEVATAN BEAR 77// (9MMIH LEAKME SITE PLAN NOTES: 1.) FOR ALL BEMINGS ! NSTANGES TO PR^ERTY LMES. Ii6lY IEASES k EASEMENTS. SEE BLRWl BY sSiBDGD FROFESSMA_ SEAlW Not.: �lT Iw¢+ururvw 2) UTAJTES SNPW ARE o STATE LOGT _L MO REL(Y81 LMAMIGS ANO DALAS l0 511E ALL BE YMERE RO MY E AVATIO SOME ONE Gl (I-BW-]13-1166) WSi BE f —o-. moos wPMu� GWSIBUCT.'JR SNN1 BE pR1Eq M My EXCAVATION OR BE1001.IL10i. REGABRO PNOBEATY xEx pT �s mL.a. �•. ows $AlI5FACIKN. T.) cwmAtiaB sMAu TRENCH. BAGFILL. BaoMDE . nsTAu OryWIT sTsn w yn RO.ER MO TELCO M UWWtt 4CMOMv ROtR f T . G$ES i eoana o ♦ BIST"i BY CORIBACTfBC SEE M A-1. SEE ELEC1 ASYS9C WS141G.BAA MCI CO MW ME. SEE DB T-1 FOR UWW CRA'" ES ♦SprinlCmn, Inc. i Non zC S / l� E PLAN IE : r . 2w ERyny�ya 1@Um11A S k MSTANCES TO ONES. IEHTS. ME SURL£y By Y:STMO:A HtOFF54WAL SERNCES. 'NC AflE MW Fl LOCAiICNS MD RECYIRD MAW.WD nEW ` MIED fAR1ER STATE ONE CI:l (1-8 252-11") WIST SE CDNTACh (CAVAT M OEYOl1T 9nE MN UL 1REHCN, 8AC Moo t INSTALL CCMWIT SYSTEMS FOR BOM CO REF UR W.. SECPIDARY R CONWIT ! G S TO BE RRONDED Gt COMPACTOR. SEE O A-1. ME ELECTRIGL ASSESSMENT REPORT TNLE xvrtM ND CCMP.Wy ME. SEE M. T-1 E uww C WES MfOR11A1NM. v SITE LA PN ELEVATION w ~w ELEVATION A Ye yM1l'4 ♦Sprin(Com, Inc. CWIPIICM l[4fly O 0M+ O Qa b!tl!V Q 9 Q NIIR Q W(i Q M T fwn RIP 4E!®Mflq !Qq� �i' IOP fIRRI ulmR- I¢uwYlmv - MW.RW¢s �mrn a� @p ply�y,6v SUMMARY aASNwc.-roN Q18f�uMY� 1 YfEflMI A!m F]EVATICN Aa / NOTE: Ep'= THIS "URVEY WAS 'ERFORMED WITHOUT A TITLE COMMITMENT go . L PROPER`✓LECA& OESCMP non rw 0 / l LEGE%O p s g • a w • • � a.se. �w v •••w• • .�sasaur LEASED PREMISES LECFL OESCMPnLW rew wwr a...w rt.aae�v..aruur.w rr• .riwwertw a. =w a �w u r ui v . au+w naTwt w.e rm m..a� o _ rw�a w�ruw �� www o. ew mw,o `ea4 . .� mrimw pi sp.p� rraaw.m. w. �"•". ••awes wr.ru T�h w.w.wa wry w.m m �.nwiwrt, sinwi iwi.~e ry in..iw� M1+=a-� ra.�n wwwm�w..^1 w�e.aM.wwurnrw.a e. w.4 M�-a-w czvxic scut MMC=8q iij �,�go�aq•NIYMmw.K �_ 1. �J L'oliodnit "FETING REQUEST FOR COUNCIL ACTION APR 2 3 2000 DATE: April 20,2001 CITY ur UMV1V1J n ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name Ron Moome City Adminisuatofs Title City Administrator kA Report Item Description: Orono Woods Senior Housing Project Financial Package Attachments: 1. Schedule of Events(re: Financial Package for the Orono Woods Senior Housing Project) 2. Program for the Financing ofa Multifamily Rental Housing Development for Seniors(Housing Program) 3. Tax Increment Financing Plan 4. Development Plan for Housing Project No. 1 5. Resolution Calling for Public Hearings on Orono Woods Tax Increment Financing Plan, Development Plan, Housing Program, and Issuance of Multifamily Housing Revenue Bonds The financial package for the Orono Woods senior housing project, which includes tax increment financing and housing revenue bonds, requires a number of actions by both the City Council and the City's HRA; as well as reviews by a number of other agencies. These actions are listed in the attached "Schedule of Events". The specific action to be taken by the Council at the April 23 Council meeting is to adopt a resolution calling for public hearings on the Orono Woods Tax Increment pinancing Plan, Development Plan, Housing Program, and issuance of housing revenue bonds. The public hearings are scheduled for May 14, 2001. The resolution is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt a resolution calling for public hearings on the Orono Woods Tax Increment Financing Plan, Development Plan, Housing Program, and the issuance of multifamily housing reve, '•tends. Litton Moorse - Schedule Apri117.wpd _ _ _ Page 1 SCHEDULE OF EVENTS CITY OF ORONO ORONO HOUSING AND REDEVELOPMENT AUTHORITY ORONO WOODS HOUSING PROJECT Revised -April 17, 2001 RW Action Status March 12.2001 City Council calls for public hearing on the Done establishment Project Area No. 1 and Tax Increment Financing District No. I -I (a housing distrct). March 23 Project information, property identification numbers, Done and maps sent to Ehlers and Associates for drafting documentation. March 29 Letter received by County Commissioner giving notice Done of potential housing tax increment financing district (at least 30 days prior to publication of public hearing notice). April 10 Ehlers confirms with the City whether building permits Pending have been issued on the property to be included in the TIF District. April 13 Draft of TIF Plan including Fiscal arid economic Done implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing) April 23 HRA approves draft housing program and adopts resolution calling for public hearing on housing program and requesting corresponding action by City Council on TIF Plan and housing program. April 23 City Council adopts resolution calling for public hearing on housing program and TEFRA hearing on issuance of 50l(c)(3) bonds. April 23 Publication deadline for the following: (1) Notice of hearing (with map) on establishment of Project a Area No. 1 and Tax Increment Financing District No. 1.1; (2) Notice of hearing on Housing Program; and (3) Notice ofTEFRA on bonds. (The LakerlPioaeer Newpopers] April 27 Housing Program submitted to Metropolitan Council for review. April 28 Dateof ublication forthe above notices Ron Moorse -Schedule p ^ _._.__- Page 2 Orono Woods Schedule Revised April 17, 2001 Page Two May 14 City Council holds public hearing on the establishment of Ten Increment Financing District No. 1-1 and adopts resolution approving the Development Plan and TIF Plan. May 14 City Council holds public hearing on the Housing Program and ado is approving resolution. May 14 City Council holds TEFRA hearing on bonds and adopts approving resolution. May 14 HRA approves the Housing Program and the TIF Plan, May 14 HRA cells for public hearing on ground lease. May 21 Publication deadline for notice of hearing on ground lease. [The Laker/Pioneer Newpopers] May 26 Notice of hearing published June 9 HRA holds public hearing and approves ground lase and development agreement. June 9 City Council approves development agreement and 50l(cH3) bond documents. Before June 30 Ehlers certifies District with County and film with State. Ron Moorse - HousingProgram-Orono.doc Page I PUFT PROGRAM FOR THE FINANCING OF A MULTIFAMILY RENTAL HOUSING DEVELOPMENT FOR SENIORS Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Orono (the "City") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City has determined that it is in the best interests of the residents of the City to create a program of financing to encourage and facilitate the development of multifamily rental housing for seniors in the City (the "Program"). The City has received a proposal from representatives of Wedum Foundation, a Minnesota nonprofit corporation, and Orono Senior Housing, LLC (the "Owner"), requesting that, pursuant to the Act, the City approve a program providing for the acquisition of the Land and construction of 62 units of multifamily housing for seniors (the "Project") to be located at in the City and intended, by location and design, to provide safe and affordable housing for, and to be occupied by, persons age 62 and older. The acquisition and construction of the Project is to be funded through the issuance of up to $9,000,000 in revenue bonds issued by the City (the "Bonds") pursuant to the Act. At lent twenty percent (20%) of the units financed will be specifically reserved for tenants whose incomes are not greater than fifty percent (50%) of the area median income. It is estimated that rents for the Project will range from $_ per month to $_ per month, depending on unit size and amenities. The City, in establishing this Program, has considered, among other things (I) the availability and affordability of other government housing programs; (ii) the availability and affordability of private marketing financing for the construction of multifamily housing units; (iii) an analysis of population, employment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, in adopting the Program, has further considered Ill the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of ;ssuance; Ili) the method of monitoring and implementation of the Program to insure compliance with the City's housing plan and its objectives; (iii) the method of administering, servicing and supervising the Program; IN) the costs of the City, including future administrative expenses; (v) the restrictions on the multifamily development to be financed under the Program; and (vi) certain other limitations. The City, in adopting the Program, considered the potential financing impact of a bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; (ii) households with incomes at the lower end of the range that can be served by the Program; (iii) households displaced by public or private actions; and (iv) accessibility to the handicapped. HUUSMa Roca, 14 Ron Moom - Housing Prograrono.cica: Page 2 The Project will be constructed and financed pursuant to Subdivision Ila) of Section 462C.05 of the Act. Subsection A. Definitions. The following terms used in this Program shall have the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Chapter 462C, as currently in effect and as the same may be from time to time amended. (2) "Authority" shall mean the Orono Housing and Development Authority. (3) "Bonds" ;hail mean the revenue bonds to be issued by the City or at the discretion of the City, the Agency, to finance the Program. (4) "City" shall mean the City of Orono, State of Minnesota. (5) "Housing Unit" shall mean any one of the apartment units located in the Project, occupied by one person or family, and containing complete living facilities. (6) "Land" shall mean the parcel of real property upon which the Project is to be constructed. (7) "Owner" shall mean Wedum Foundation, a Minnesota nonprofit corporation or Orono Senior Housing, LLC, a Minnesota limited liability company. (8) "Program" shall mean the program for the financing of the Project pursuant to the Act. (9) "Project" shall mean the 62 unit senior housing facility to be located at Subsection B. Prortram For Financing the Proict: It is proposed that the City establish this Program to provide financing for acquisition of the Land and construction of the Project thereon by the Owner at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the initial purchaser of the Bonds and the respective Owner. To do this, the City or, upon authorization by the City, the Authority, expects to issue Bonds the proceeds of which will be loaned to the Owner for financing the acquisition of the Project. If determined to be necessary, a trustee will be appointed by the City to monitor the disbursement of proceeds of the Bonds and payments of principal and interest on the Bonds. The cost of any additional security devices for the Bonds will be home by the Owner and payable in addition to the principal and interest on the Bonds except as otherwise provided by resolution of the City. It is contemplated that the Bonds shall have a maturity of up to forty (40) years and will be priced to the market at the time of issuance. The Bonds may be issued in two series, one of which has a claim on revenues session to the other The City will hire no additional staff for the administration of the Program. The City intends to select and contract with a financial institution or trustee experienced in trust matters to HOUSMG PROGRAM Ron Moorse - HousingProgram- rono. oc Page 3 administer the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the City's budget with respect to this Program except as otherwise provided by resolution of the City. The Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Subsection C. Local Contributions To The Program. It is presently contemplated that there will be a local contribution of funds to the Project consisting of tax increment financing by the Authority or the City for Land acquisition and certain public costs, together with an appropriation of funds for a local contribution. Subsection D. Standards and Requirements Relating to the Financing of the Projects Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Project by the Owner pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and construction of the Project. The funds will be made available to the Owner pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the City and the Owner. (2) The Owner will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 16.83, et seq. Subsection E. Evidence of Compliance. The City may require from the Owner or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Owner to complete the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Owner in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Owner or such other person deemed necessary concerning compliance with various aspects of the Program. Subsection F. Issuance of Bonds. To finance the Program authorized by this Section, the City may by resolution authorize, issue and sell its Revenue Bonds in one or more series, and using any additional credit enhancement devices determined by the City to be necessary or desirable for each such series, in an aggregate principal amount estimated to be up to $9,000,000. The Bonds shall be issued pursuant to Section 462C.07, Subdivision I of the Act, and shall be Housmu eaooaua Ron Moorse -Housing Program-Orono.doe page 4 payable primarily from the revenues of the Program authorized by this Section. The City anticipates the issuance of such amount prior to the end of 2001. Subsection G. Sevembility. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection H. Amendment. The City shall not amend this Program ,chile Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Subsection I. Issuance of Tax Increment Notes. At the discretion of the City and Authority, obligation to finance the Land and certain public costs of the Program may be issued by the Authority or City pursuant to authority granted by Minnesota Statues, Section 469.178. MOM7601 HOUSJG PR W 0.AM Draft as of April 12, 2001 For fiscal implications correspondence DEVELOPMENT PLAN for HOUSING PROJECT NO. 1 This document is in draft form fordisiribution to the Comfy and the School District. h must be used in conjunction with the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1. The City and the NRA may make change to this dmft document prior to the public hearing. if changes are made, a reviseddmft will be sent to the County and the School District. ORONO HOUSING AND REDEVELOPMENT AUTHORITY CITY OF ORONO HENNEPIN COUNTY STATE OF MINNESOTA Public Hearing: May 14, 2001 Adopted: E H L E R S Prepared Drive. . EHLERS 6 ASSOCIATES, INC. 3060Centre 500fDrive, Roseville, Minnesota 5rs-irc om a suaeurzr uo (851)69P8500 fax: (661)897-8555 nww.ehlera-inc.com TABLE OF CONTENTS (for reference purposes only) MUNICIPAL ACTION TAKEN ................................................. iii SECTION I Development Plan for Housing Project No. 1................................. 1-1 Subsection 1-1. Definitions ............................................. 1.1 Subsection 1-2. Statutory Authority ....................................... 1-2 Subsection 1a Statement of and Finding of Public Purpose .................... 1-2 Subsection 1-4. Statement of Objectives ................................... 1-2 Subsection 1.5. Statement of Public Facilities and Costs to Be Financed .......... 1-3 Subsection 1-6. Funding of Developments and Redevelopments ................ 1.4 Subsection 1-7. Environmental Controls ................................... 1-4 Subsection 1-6. Proposed Reuse of Property ............................... 1-4 Subsection 1-9. Open Space to Be Created ................................ 1-4 Subsection 1-10. Administration and Maintenance of Housing Project No. 1 ......... 1.4 Subsection 1-11. Rehabilitation ........................................... 1.5 Subsection 1-12. Relocation ............................................. 1.5 Subsection 1-13. Property Acquisition ...................................... 1-5 Subsection 1-14. Modification of the Development Plan andlor Housing Project No. 1 . 1-5 Subsection 1-15. Boundaries of Housing Project No. 1 ......................... A-6 MUNICIPAL ACTION TAKEN (This Municipal Action is only for convenience of reference.) Based upon the statutory authority described in the Development Plan attached hereto, the public purpose findings by the Board of Commissioners and for the purpose of fulfilling the Authority's development objectives as set forth in the Development Plan, the Board of Commissioners has created, established and designated Housing Project No. 1 pursuant to and in accordance with the requirements of the HRA Act and the TIF Act as defined in the definitions of this document. Tax Increment Financing District No. 1-1, a housing tax increment financing district, was established at the same time that the Housing Project No. I was established. The following municipal action was taken in connection therewith: Howsine Emiect No. 1: May 14, 2001, The Housing Project No. I was established by the Authority and the Development Plan adopted. Tax Increment Financine District No. 1.1: May 14.2001: The Tax Increment Financing District No. 1-1 was established by the Authority and the Tax Increment Financing Plan adopted. SECTION I Development Plan for Housing Project No. 1 Subsection 1-1. Definitions The terms defined below shall, for purposes of this Development Plan, have the meanings herein specified, unless the context otherwise specifically requires, I. "Authority' ro,ns the Orono Housing and Redevelopment Authority. 2. "Board of Conunissioners" means the Board of Commissioners of the Authority. 3. "City" means the City of Orono. 4. "Comprehensive Plan" means the documents which contain the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. 5. "County" means the County of Hennepin, Minnesota. 6. "Development Plan" means this Development Plan for Housing Project No. 1, as initially proposed, and as it shall be modified. 7. "HRA Act" means Minnesota Statutes, Section 469.001 through 469.047. 8. "Land Use Regulations" means all federal, state and local laws, rotes, regulations, ordinances, and plans relating to or governing the use of development of land in the City, including but not limited to environmental, zoning and building code laws and regulations. 9. "Project Area" means the real property within the City constituting the Housing Project No. 1. 10. 'Public Costs" means the costs set forth in the Tax Increment Financing Plan, and any othercosts eligible to be financed by Tax Increments under the TIF Act and the HRA Act. 11. "Public Improvements" means the public improvements described in the Development Plan and Tax Increment Financing Plan. 12. "State" means the State of Minnesota. 13. "Tax Increment Bonds" means any tax increment bonds or notes issued by the Authority to finance the Public Costs as stated in the Development Plan for Housing Project No. 1 and in the Tax Increment Financing Plans, and any obligations issued to refund such bonds. 14. "TIF Act" means Minnesota Statutes. Sections 479.174 through 479.179, inclusive as amended. 15. "Tax Increment Financing District" means any tax increment financing district presently established or to be established in the future in Housing Project No. 1. 16. 'Tax Increment Financing Plan' or "Plan" means the Plans adopted by the Authority for any Tax Increment Financing District. Or. HRA Lt.elup„em PL. for Wus,, P ,o Nu I I I Subsection 1.2. Statutory f•uthority The HRA Act ,.ithorims the Authority, upon certain public purpose findings by the Authority and City, to establish and designate housing, development and redevelopment projects within the City and to establish, develop and administer redevelopment plans therefore to meet the needs and accomplish the public purposes specified in Statement of and Finding of Public Purpose. In accordance with the purposes set forth in the HRA Act, the Authority has established Project Area. The Project Area shall be designated as Housing Project No. I contain the area described in Subsection 1.15. The Tax Increment Financing Act authorizes the Authority, upon certain findings, establish and designate tax increment financing districts within the Project Area and to adopt and implement a tax increment financing plan to accomplish the Development Plan established for the Housing Project No. I. Subsection 1-3. Statement of and Finding of Pl.iblic Purpose The Authority has detennined that there is a need for the Authority to take certain actions designed to encourage, ensure, and facilitate development and redevelopment by the private sector of undemtilized and unused land located within the corporate limits of the City, in order to provide adequate and affordable housing for residents of the City and the surrounding area, to improve:: a tax base of the City, the County and the School District, to better utilize existing public facilities and provide needed public services, and to improve the general economy of the City, the County, and the State. Specifically, the Authority has detemdned that the property within the Project Ar,a is either underutilized or unused due to a variety of factors, which has resulted in a lack of private investment. The Authority further finds that the private sector has not provided the variety of housing opportunities necessary to meet the needs of the community. It is necessary for the Authority to exercise its authority under the HRA Act and the TIF Act to develop, implement and finance a program designed to encourage, ensure and facilitate the development of the property located in the Project Area, to further and accomplish the public purposes specified in this Development Plan. The development currently proposed in the Project Area consists of approximately 62 units of rental housing for senior citizens. The Authority finds that this development will alleviate a shortage of decent, safe and affordable housing for persons of low and moderate income In adopting this Development Plan, the Authority also finds: 1. The development proposed for the Project Area would not occur solely through ; nvate investment in the foreseeable future. 2. The proposed development is consistent with the overall plans for the development of the City. 3. The proposed use of tax increment financing will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the property located in Housing Project No. 1 by private enterprise. 4. The welfare of the City. County, and the State of Minnesota requires active promotion, attraction, encouragement and development of a variety of housing opportunities. Subsection 1-4. Statement of Objectives The establishment of the Project Area in the City, pursuant to the HRA Act, is necessary and in the best interests of the City and its residents and is necessary to give the Authority the ability to meet certain public purpose objectives that would not be obtainable in the foreseeable future without intervention by the Authority in the normal development process. (hart. HRA tklllapmm, Plan to, tl—s, P,l ,, Nu 1 1 The Aulhnrity intends, to the extent permitted by law, to accomplish the following objectives through the implementation of the Development Plan: 1. Promoting and securing the prompt development of property in the Project Area in a manner consistent with the City's planning and with a minimal adverse impact on the environment, which property is less productive because of the lack of proper utilization and lack of investment, and thereby promoting and securing the development of other land in the City. 2. Promoting and securing adeitional housing opportunities within the Project Area and the City for residents of the City and the sLrroundingarea, thereby improving living standards and preventing the loss of residents. 3. Securing the increase in value of property subject to taxation by the City, School District, County and any other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them. 4. Securing the construction and providing moneys for the payment of the cost of public improvements in the Project Area, which are necessary for the orderly and beneficial devcl: �."nt of the Project Area. 5. Creating a desirable and unique character within the Project Area lhrocgh quality land use alternatives and design quality in new buildings. 6. Providing and securing the development of increased opportunities for senior citizens to choose from housing options which offer a wide army of services without regard to income. Subsection 1-5. Statement of Public Facilities and Costs to Be Financed The Authority will perform or cause to be performed, to the extent permitted by law, all project activities pursuant to the HRA Act, the Tff Act and other applicable state laws, and in doing so anticipates that the folic ing may, but are not required, to be undertaking by the Authority: 1. The making of studies, planning, and other formal and informal activities relating to the Development Plan. 2. The implementation and administration of the Development Plan. 3. The re -inning of land within the City. 4. The acquisition of property, or interests in property, by purchase or condemnation, which acquisition is consistent with the objectives of the Development Plan. 5. The resale or lease of property to private parties. 6. The establishment of covenants or other restrictions to protect public c.: crests. 7. The preparation of property for use and development in accordance with applicable Land Use Regulations and any development agreements, including demolition of structures, clearance of sites, placement of fill and grading. 8. The construction of public improvements and facilities needed to serve the Project Area. 0, HRA M. fw H.um, lhalW No I I.1 9. The construction, expansion, or relocation of private utilities 10. The construction or reconstruction of facilities to own and lease as described in the Tax Increment Financing Plans. 11. The issuance of Tax Increment Bonds to finance the Public Costs of the Redevelopment Plan, and the use of Tax Increments or other funds available to the Authority to pay o: finance the Public Costs of the Development Plan incurred or to be incurred by it pursuant to the Development Agreement. 12. The use of Tax Increments to pay debt service on the Tax Increment Bonds or otherwise pay or rimburse with interest the Public Costs of the Development Plan. 13. The I.•suance of housing revenue bonds by the Authority or the City to finance the costs of the Project. Subsection 1-6. Funding of Developments end Redevelopments It is anticipated that the Public Costs of the Development Plan will be paid from proceeds of Tax Increment revenues. The Authority reserves the right to utilize other available sources of revenue, including but not limited to special assessments and user charges, which :he Authority may apply to pay a portion of the Public Costs. Subsection 1-7. Environmental Controls All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental controls and all applicable Land Use regulations. Subsection 1-8. Proposed Reuse of Property The Development Plan contemplates that the Authority may acquire property and reconvey or lease the same to another entity. Prior to formal consideration of the acquisition of any property, the Authority will require the execution of a binding development agreement with respect thereto and evidence that Tax Increments or other funds will be available to repay the Public Costs associated with the proposed acquisition. his the intent of the Authority to negotiate the acquisition of property whenever possible. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any development agreement to which the Authority is a party. Subsection 1-9. Open Space to Be Created Any open space within the Project Area will be created in accordance with the zoning and ordinances of the Authority. Subsection 1-10. Administration and Maintenance of Housing Project No. 1 Maintenance and operation of the Project Area will be the responsibility of the City Administrator. Each year, the Administrator of the Project Area will submit to the Board of Commissioners the maintenance and operation budget for the following year. The Administmtorof the Project Area will administer the Project Area pursuant to the provision of the HRA Act; provided,however, that such powers may only be exercised at the direction of the Authority. No action taken by the administrator of the Project Area pursuant to the above -mentioned powers shall be effective without authorization by the Authority. Orono HKA [kvelopmem Plan for Housing Prvp'I No I I Subsection 1-11. Rehabilitation Owners of properties within the Project Area maybe encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances, as well as any design standards. Persons who purchase property within the Project Area from the Authority may he required to rehabilitate their properties as a condition of sale of land. The Authority may provide such rehabilitation assistance as may be available from federal, state or local sources. Subsection 1-12. Relocation Any person or business that is displaced as a result of the Development Plan will be relocated in accordance with Minnesota Statutes, Section 117.50 to 117.56. The Authority accepts its responsibility for providing for relocation assistance pursuant to the HRA Act. Subsection 1-13. Property Acquisition The Authority intends to acquire such property, or appropriate interest therein, within the Project Area as the Authority may deem to be necessary ordesirable to assist in the implementation of the Development Plan. Subsection 1-14. Modification of the Development Plan and/or Housing Project No. 1 The Authority reserves the right to alter and amend the Development Plan and the Tax Increment Financing Plans, subject to the provisions of state law regulating such action. The Authority specifically reserves the right to enlarge or reduce the size of the Project Area and the Tax Increment Financing District, the Development Plan, the Public Costs and the amount of Tax Increment Bonds (if any) to be issued to finance such cost by following the procedures specified in Minnesota Statutes, Section 469.175, subdivision 4. O HNA Ikrelopoem Plan for Hou.ing Pml«t No 1 1.5 Subsection 1.75. Boundaries of Housing Project No. 1 The boundaries of the Project Area shall be as shown in the map below. 2 • '� t S \ r' A � K M000g • / / ( �; WayLfa Bh'd.. r, _ _• fir___ Housing 00 Project No. 1 TIF District ld _R. er•. .!or - These boundaries include the following parcels and all adjacent street right -of way: [to be added] Om HRA lk-l.,m n, flan far Noa[mr F,l ,, N. I A n As of April 12, 2001 Draft far Fiscal Implications TAX INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FINANCING DISTRICT NO. 1-1 (a housing district) within HOUSING PROJECT AREA NO. 1 CITY OF ORONO ORONO HOUSING AND REDEVF! OPMENT AUTHORITY HENNEPIN COUNTY STATE OF MINNESOTA Public Hearing: May 14, 2001 Adopted: This document is in draftformfor distribution to the County and the School District. The Flan contains the estimatedfiscal andeconomic implications of the proposed TIFDistrict. The City and the HRA may make change to this draft document prior to the public hearing. If changes are made, a revised draft will be sent to the County and the School District. E H L E R S 3060 Centre Prepared by: ER 8 ASSOCIATES. Pointe Dive, Rosetisedge.INCMinnesota 55113-1105 INC s ss soo.rts ec (651)697-6500 lax. (651)697-8555 www.ehlers-inc.corn TABLE OF CONTENTS (for reference purposes only) SECTION 11 TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.1.1 .................................................................... 2-1 Subsection2-1. Foreword .............................................. 2.1 Subsection 2.2. Statutory Authority ....................................... 2-1 Subsection 2-3. Statement of Objectives ................................... 2-1 Subsection 2-4. Development Plan Overview ............................... 2-1 Subsection 2.5. Description of Property in the District and Property To Be Acquired . 2-2 Subsection 2-6. Classification of the District ................................ 2-2 Subsection 2-7. Duration of the District .................................... 2-3 Subsection 2-8. Original Net Tax Capacity .................................. 2-3 Subsection 2-9. Prior Planned Improvements ............................... 2-4 Subsection 2-10. Original Tax Rate ........................................ 2-4 Subsection 2-11. Estimated Tax Increment .................................. 2.4 Subsection 2.12. Use of Tax Increment ..................................... 2-5 Subsection 2-13. Sources of Revenue ...................................... 2-6 Subsection 2.14. Bonded Indebtedness ..................................... 2-6 Subsection 2-15. Uses of Funds .......................................... 2-6 Subsection 2-16. Local Contribution (State Tax Increment Financing Aid) ........... 2-7 Subsection 2.17. Fiscal Disparities Election .................................. 2-8 Subsection 2-18. Business Subsidies ...................................... 2-8 Subsection 2-19. County Road Costs ...................................... 2-8 Subsection 2.20. Estimated Impact on Other Taxing Jurisdictions ................. 2-8 Subsection 2-21. Supporting Documentation ................................. 2-9 Subsection 2.22. Modifications ........................................... 2.9 Subsection 2-23. Time Factors ........................................... 2-9 Subsection 2-24. Administration of the District ............................... 2-11 Subsection 2-25. Administrative Expenses ................................. 2-11 Subsection 2-26. Excess Tax Increments .................................. 2-11 Subsection 2-27. Requirements for Agreements with the Developer .............. 2-12 Subsection 2-28. Assessment Agreements ................................. 2-12 Subsection 2-29. Annual Disclosure Requirements ........................... 2-12 Subsection 2.30. Reasonable Expectations ................................. 2-13 Subsection 2-31. Other Limitations on the Use of Tax Increment ................ 2-13 APPENDIX A PROJECT DESCRIPTION ............................................... A-1 APPENDIX B ESTIMATED CASH FLOW FOR THE DISTRICT .............................. B-1 APPENDIX C BUT/FOR QUALIFICATIONS ............................................. C-1 SECTION II TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 7-I Subsection 2-1. Foreword The Orono Housing and Redevelopment Authority, (the "Authority"), the City of Orono (the "City"). staff, and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 1-1 ("the District"), a housing tax increment financing district, located in Housing Project Area No. I (the "Project Area"). This Section contains the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. I-1. Other relevant information is contained in the Development Plan for Housing Project Area No. I. The Tax Increment Financing Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105, telephone 651-697-8500. Subsection 2-2. Statutory Authority Within the City. there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the Authority has certain statutory powers pursuant to Minnesota Statutes ("M.S."), 469.001 through 469.047, inclusive, as amended (the "HRA Act"), and M.S. Sections 469.174 through 469.179, inclusive, as amended (the "Tax Increment Financing Act" or "T1F Act"). This Plan is baud on statutory authority at the time of adoption. Subsequent legislation action may alter the ability of the Authority to use tax increment collated from the District. Subsection 24. Statement of Objectives The District currently consists of one panel of land and adjacent and internal rights -of -way. The District is being created to facilitate construction of senior housing in the City of Orono consisting of approximately 62 units of housing for senior citizens (the "Project"). The Project will provide safe, decent, and affordable housing for persons of low and moderate income. Contracts for this have not been entered into at the time of preparation of this TIF Plan, but the proposed development will begin in the summer of 2001. This TIF Plan is expected to achieve many of the objectives outlined in the Development Plan for Housing Project Area No. 1. The activities contemplated in the Development Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Housing Project Area No. I and the District. Subsection 2-4. Development Plan Overview Activities to be undertaken by the Authority and the City pursuant to the Development Plan for Housing Project No. I include, but are not limited to, the following: I. Property to be Acquired - Property located within the District may be acquired by the Authority and is further described in this TIF Plan. 2. Upon approval of a developers plan relating to the Project and completion of the necessary legal requirements, the Authority may sell or lease to a developer selected properties that they may acquire within the District. (Mono HRA Tax me,emen Financing Man for Tax Incremem Financing fhsmn No 1 1 2 1 3. The City and the Authority may perform or provide for some or all necessary acquisition. construction, relocation, demolition, and required utilities and public streets work within the District. Subsection 2S. Description of Property In the District and Property To Be Acquired The District encompasses all the parcel and adjacent rights -of -way identified below. The map below shows the parcel included in the District and the boundaries of Housing Project No. 1. .4 � Y I a s d• j ., _ . �I • d r aL s * 4 p Blvd. '- — — — —. , .. fir__..-- yy' 1... _.. ... i ....-._ ................. • M u - mr y ar-1 r . ....n..f... i' -, g wad• '~ 'w , . Housing `owls 7 r r • . .'„ ` Project No. 1 e� Y •DAWAS TIF District 1-1 sr}— MAL e\ r fIt _.� Parcel Numbers 34-I18-23-24-0058• •The abovepureel number rrpnsm, currrm idem fmlion. The parcel will be,ubdividrd and a new pamd number rill be.s,,,,d to the pmpeny included within the District. Any property within the Project Area may be acquired by the Authority. Subsection 2.6. Classification of the District The Authority, in determining the need to create a tan increment financing district in accordance with M.S., Sections 469.174 to 469.179. as amended, inclusive, finds that the District, to be established, is a housing district pursuant to M.S.. Section 469.174. Subd. II as defined below: O HRA T.. Ilwremrm F,.n.,, Plan car T. lexremn, Fm,nnn, DoWt N. I '3 "Housing district" means a type of far increment financing district which consists of a project, or a portion ofa project, intended for occupancy. in part. by persons or families of low and moderate income, as defined in chapter 462A. Title 11 of the National Housing Act of 1934. the National Housing Act of 1959. the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present orfumre federal, state, or municipal legislation, or the regulations promulgated under any of those acts. A district does not qualify as a housing district under this subdivision if the fair market value of the improvements which are constructed in the district for commercial uses or for uses other than low and moderate income housing consists of more than 20 percent ofthe tonal fair market value of the planned improvements in the development plan or agreement. The fair market value of the improvements may be determined using the cost of construction,capitalizedincome,orotherappropriate methodofestimating market value. Housing project means a project, orponion ofa project, that meets all the qualifications ofa horsing district under this subdivision, whether or not actually established as a housing district. In meeting the statutory criteria the Authority relies on the following facts and findings: • The District consists of one parcel. The development will consist of 62 units of rental housing for senior citizens. • 20%of the units will be occupied by persons with incomes less than 50%of the area median income Pursuant to 469.176 Subd. 7, the District does not contain any parcel or pan of a parcel that qualified under the provisions of Section 273.111 or 273.112 of Chapter 473H (Green Acres) for lazes payable in any of the five calendar years before the filing of the request for renifucation of the District. Subsection 2-7. Duration of the District Pursuant to M.S., Section 469.175, Sabel. ].and Section 469.176. Subd. 1, the duration of the District must be indicated within the Tff Plan. Pursuant to U.S., Section 469.176. Subd. lb, the duration of the District will be 25 years after receipt of the first increment by the Authority (a total of 26 years). The date of receipt by the Authority of the first tax increment is expected to be 2003. Thus, it is estimated that the District, including my modifications of the Tff Plan for subsequent phases or other changes, would temumue after 2025, or when the Tff Plan is satisfied. If increment is received in 2002, the term of the District will be 2027. The Authority reserves the right to decertify the District prior to the legally required date. Subsection 2-6. Original Net Tax Capacity The Original Net Tax Capacity (ONTC) value of the District is the base value of the parcels. The ONTC certified for the district pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, will be based on the Assessors Estimated Market Value in 2000 for taxes payable 2001. The value will be prorated after the parcel is split for development. Based on the current market value, the ONTC of the District is estimated to be $1,570. Changes in the following factors may alter the amount of the ONTC in future years: !. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district: 3. change due to adjustments, negotiated or court -ordered abatements: 4. change in the use and tax classification of the property: 5. change in statutory rates used to determine Tax Capacity. Orono NRA Tax Inca:man, Financing Plan ew Tax in[,cnenl emancnp Mona No 11 2J In any year in which the current Net Tax Capacity value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the Authority. Subsection 2-9. Prior Planned Improvements The Authority has determined that no building permits have been issued for property within the District during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. Subsection 2-10. Original Tax Rate The amount of tax inerement is calculated by multiplying the total local tax rate (excluding market value rates) by the Captured Tax Car acity vale, r,f the District. If the current total local tax rate exceeds the Original Tax Rate (OTR), the amount of tax increment produced by the tax rate above the OTR is distributed to the taxing jurisdictions as excess in increment. The OTR for the District will be the local tax rate for lazes payable 2001, assuming the request for certification is made before June 30, 2001. The local tax rate for taxes payable 2001 is 104.005% Subsection 2-11. Estimated Tax Increment The Authority estimates that the total tax capacity value of property within the District upon completion of the proposed development will be $73,935. The amount of anrual tax increment revenue is shown in the table below. Project Estimated Tax Capacity upon Completion (PTC) $73,935 Original Estimated Net Tax Capacity(ONTC) (1,570) Estimated Captured Tax Capacity (CTC) $72,365 Original Local Tax Rate (OTR) 104.0050% Pay 2001 Estimated Annual Tax Increment (CTC x Local Tax Rate) $75,263 Percent Retained by the Authority 100% The Authority requests 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2003 The following factors will determine the actual amount of tax increment received by the Authority: • Actual market value of propeny within the District as determined by the Assessor. • Statutory rates for setting tax capacity values. • Actual total local tax rate. The cash flow projections in Appendix B show the potential tax increuxnt revenues collected by the Authority. r . eRA ra Inc¢mcm Fmnona M. fur Tao In,.... M..., No 1-I 24 Subsection 2-12. Use of Tax Increment Revenues derived from tax increment from a housing district must be used solely to finance the cost of housing projects as defined in M.S., Section 469.174, subd. ll. The cost of public improvement.% directly related to the housing projects and the allocated adminislrntive expenses of the Authority may be included in the cost of a housing project. Within this Iimitatiun, the Authority hereby determines that it will use 100 percent of the captured net tax capacity of taxab'e property located in the District for the following purposes: I. to pay the principal of and interest on bonds issued to frnaice a project; 2. to finance, or otherwise pay the public development costs of the Housing Project Area No. I pursuant to the M.S. Sections 469.001 to 469.047; 3. to pay for project costs as identified in the budget set forth in the TIF Plan; 4. to finance, or otherwise pay for other purposes as provided in U.S., Section 469.176, Subd. 4; 5. to pay principal and interest on any loans, advances or other payments made to or on behalf the Authority or for the benefit of Housing Project Area No. I by a developer; 6. to finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S.. Sections 469.152 through 469.165. and/or M.S., Sections 469.178; and 7. to accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These .avenues shall not be used to circumvent any levy limitaliors applicable to the City nor for other purposes prohibited by M.S., Section 469.176, subd. 4. Tax increments generated in the District will be paid by Hennepin County to the Authority for the Tax Increment Fund of said District. The Authority will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for Authority administration (up to 10 percent) and the costs of public improvement activities. Pursuant to M.S., Section 469.1763, (1) At least 80%of the tax increment derived from the District must be expended on Public Costs incurred within said district, and up to 20% of said tax increments may be spent on Public Costs incurred outside of the District but within Housing Project Area No. 1; provided that in the case of a housing district, a housing project, as defined in M.S. Section 4t 174. Subd. I is deemed to be an activity in the District, and (2) pubic costs within the District shall be limr.ed to reimbursement of public costs paid before or within five years after certification of said district by the County Auditor and interest on all such unreimbursed expenditures. O .HRA To.tnannvnl Fuunnng Pun fur T.. Incrtrncm F... onr ninny No I '_t Subsection 2-13. Sources of Revenue The estimated sources of revenue for the District are cuaai;,. 1 the table below. SOURCES OF FUNDS TOTAL. Tax Increment $2,030,000 Other City Funds $0 PROJECT REVENUES $2,030,000 Interfund Loans/Transfers $1.393,000 Bond Proceeds $0 TOTAL PROJECT AND FINANCING REVENUES $3,423,000 . costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax w—ements. The Authority and the City reserve the right to use other sources of revenue legally applicable to the Authority, the City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. In addition to the actual tax increment collected by the Authority, the TIF Act (M.S. Section 469.174. Subd. 25) places restrictions on the use of revenues derived from the following sources: • the proceeds from the sale or lease of property, tangible or intm.,,,h,e, purchased by the authority with tax increments; • repayments or loans or other advances made by the authority wit` tax increments; and • interest or other investment earrings on or Gorr tax increments. Subsection 2-14. Bonded Indebtedness It is anticipated that the Authority will use a pay-as-you-go note to reimburse the Developer for eligible eases and interest on the unpai:: balance. The City may us- an interfund loan or a transfer of funds to pay for public costs. Tax inereaxmt revenues may be used to , s an interfund loan or transfer. The City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. Any bonded indebtedness will be incurred by the City or the Authority without a modification to the TIF Plan pursuant to applicable statutory requirements. This provision does not obligate the City to incur debt. The City will issue bonds of incur other debt only upon the determination that such action is in the best interest of the City. It �perted that the Authority or the City will issue not more than $9,000,000 of housing revenue bonds undo, M.S. Chapter 462C to provide for the costs of the Projec Oat are not paid by tax increment or a local contribution. Subsection 2-1 S. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of senior housing. The Omn iln• Tan In.,rmrm Finammr Ph. fm Tan 1,,¢m n. F,..,ry M..,, Nu I I ' M1 Authority has determined that it will be necessary Io provide financial assistance to the project. To facilitate the proposed development, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of Ponds associated with the District is outlined in the following table. USES OF FUNDS TOTAL LandBuilding Acquisition $775,000 Site ImprovementsfPreparaton 100,000 Public Utilities 77,000 Parking Facilities 0 Streets and Sidewalks 562,000 Other Public Improvements 31,000 Interest on Pay-as-you-go Note $1,159,000 Administrative Costs (up to 10%) 70.000 PROIRf:T COSTS TOTAT S2=1111L Interfund Loans/Transfers W9.000 Loan Interest 0 Bonu Interest 0 Bond Principal 0 TOTAL FINANCING AND PROJECT COSTS $3,423,000 The above budget is organized according to the current Slate reporting forts. The information in Appendix A contains additional information about the project. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed the Total Project Costs in the table above without formal modification of this Plan pursuant to the applicable statutory requirements. The Authority may expend funds for qualified housing activities outside of the District boundaries. Subsection 2.16. Local Contribution (State Tax Increment FlnanclnL Aid) The City elects to make the annual focal contribution to the project (pursuant to M.S., Section 273.1399, Sabd. 6) to exempt itself from the LGA-HACA penalty sel forth in M.S. Section 273.1399. The District is exempt from the LGA-HACA reduction if the elects to make a qualifying local contribution at the time of approving the tax increment Financing plan. To qualify for the exemption in each year, the must make a qualifying local contribution to the project in an amount equal to five percent (5%) of the annual tax increment for the District. The maximum local contribution for all districts in the City in any year is limited to two percent of the City's net tax capacity, after which point the City most make an additional contribution equal to the lesser of (a) 0.23 percent of the City', net • 'apacity or (b) 3 percent of tax increment revenues for that year. Orono 14RA Tn Kmri.ne Mnn lhp Man for Ton In,mFivnl Mnammp INsmm No 1 1 2.7 The amount of the local contribution must be made out of unrestricted money of the City, such as the general fund, a property tax levy, or a federal or state grant-in-aid which may be spent for general govemment purposes. The local contribution may not be made, directly or indirectly, with tax increments or developer payments. The local contribution must be used to pay project costs and cannot be used for general governmentpurposes. Such contribution maybe in form of either lump sum or annual payments (in addition to tax increment payments) towards costs identified in this Plan or other costs related to that development or redevelopment. The contribution may also be made in the form of public improvements financed by the City or other unit of govemmism with unrestricted funds. Subsection 2-17. Fiscal Disparities Election It is not anticipated that the District will contain commerciaVindustrial property. Therefore, the fiscal disparities provision does not apply to the District. Subsection 2-18. Business Subsidies Pursuant to M.S. Statutes 116J.993, Subdivision 3, assistance for housing is not considered a business subsidy. Subsection 2-19. County Road Costs Pursuant to M.S., Section 469.175, Salad /a, the county board may require the Authority to pay forall or pan of the cost of county road improvements if the proposed development to be assisted by tax increment will, in thejudgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. In the opinion of the Authority and consultants, the proposed development outlined in this TLF Plan will have little or no impact upon county roads. If the county elects to use increments to improve county roads, it must notify the Authority within forty-five days of receipt of this TIF Plan. Subsection 2-20. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxingjurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the Authority has determined that such development or redevelopment would not occur "but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. TF- estimated fiscal impact of the District would be as follows if the 'but for' test was not met: IMPACT ON TAX BASE 2000/2001 Estimated Captured Total Net Tax Capacity (CTCI Percent of CTC Tax Capacity Upon Completion to Entity Total Hennepin County 1,385,934,076 72,365 0.0052% City of Orono 17,779,001 72.365 0.4070% Orono ISD No. 278 23,991,541 72,365 0.3016% Orono HRA Tan Imrtmem financing Plan In1 Tax Incrtmenl Flnom'mg mmriu No I I 1 g INPA('T ON Tnx RATES 2000/2001 percent Potential Extension Rates of q otal CTC Taxes Hennepin County 0.376240 36.18% 72,365 27,227 City of Orono 0.137080 13.18% 72,365 9,920 Orono ISD No. 278 0.431840 41.52% 72.365 31,250 Other 0.094890 912% 72 365 6.867 Total 1.040050 100.00% 75,263 The estimates listed above display the captured tax capacity when all construction is completed. The lax rate and total net tax capacities used for calculations is for taxes payable in 2001. Subsection 2.21. Supporting Documentation Pursuant to M.S. Section 469.175 Subd In, clause 7 the TIT Plan most contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175 Subd 3, clause (1). Following is a list of reports and studies on file at the Authority That support the authority's findings: A list of applicable studies, if any, will be listed here prior to the public hearing. Subsection 2-22. Modifications The Authority reserves the right to make future modifications to the TIT Plan and District. In accordance with the TIF Act (M.S. Section 469.175, Subd. 4) the following modifications may be made only upon the notice and after the discussion, public hearing and findings required for approval of the original TIT Plan: 1. reduction or enlargement of the geographic area of Housing Project Area No. 1 or the District; 2. increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; 3. increase in the portion of the captured net not capacity to be retained by the Authority; 4. increase in total estimated tax increment expenditures; or 5. designation of additional property to be acquired by the Authority, Subsection 2-23. Time Factors 1. District Enlargement Pursuant to M.S. Section 469.175 Subd. 4(b), the geographic area of the District may be reduced. but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a housing district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of M.S.. Section 469.174, Subd. I must be documented. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcel(s) from Housing Project Area No. I or the District and (2) (A) the current 0. HNA T¢. Ir rt—nl FinanomR Mn tar Taa lnartmrnl F,..., Usma No 1 1 M net tax capacity of the pame)(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the Authority agrees that, notwithstanding M.S., Section 469.177, Subd. 1. the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of Housing Project Area No. 1 or the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. 2. Activity Within 3 Years No in increment shall be paid to the Authority for the District after three (3) years from the date of certification of the Original Net Tax Capacity value of the taxable property in the District by the County Auditor (M.S. Section 469.176, Subd. la) unless: (a)bonds have been issued in aid of the project containing the district pursuant to M.S. Section 469.178, or any other law, except revenue bonds issued pursuant to M.S., Sections 469.152 to 469.165. or (b)the Authority has acquired property within the District, or (c)the Authority has constructed or caused to be constructed public improvements within the District. The bonds must be issued, or the Authority must acquire property or construct or cause public improvements to be constructed by approximately June, 2004 and report such actions to the County Auditor. 3. 4-Year Knockdown Parcels without "qualifying activity" will be knocked out of the District after four years from the date of certification of the original net tax capacity. M.S. Section 469.176. Subd. 6 defines qualifying activities as"demolitio rehabilitation or renovation of property or other site preparation, including qualified improvement ( a street adjacent to a parcel but not installation of utility service including sewer or water systems" in accordance with the TIF Plan. For purposes of the knock down requirements, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. Knock down means that the original net tax capacity of that parcel is excluded from the original net tax capacity of the District and no tax increment may be collected from that parcel. if the Authority or the owner of the parcel subsequently commences a qualifying activity in accordance with the TIF Plan, the Authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The Authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certified as included in the district. The Authority, the City or a property owner must improve parcels within the District by approximately June, 2005 and report such actions to the County Auditor. O HRA Tminr,r,rcni FlWMInE Plan fan Ta, Inartnwm FiwnnnE Duna W I 31i� 4. 5-Year Limit After five years from the date of certification of the TIF District, tax increment may only be used to (1) repay existing bonds the proceeds of which must be used to finance the activity, are issued and sold to a third party before er within five years after certification, the revenues are spent to repay the bonds, and the proceeds of the bonds either are, on the date of issuance, reasonably expected to be spent before the end of the later of (a) the five-year period, or (b) a reasonable temporary period within the meaning of the use of that term under § 148(c)(1) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund; (2) reimburse a developer or other third party for eligible expenses paid before or within fire year period, including interest on unreimbursed costs; (3) eligible administrative expense; and (4) eligible expenses underM.S. Section 469.1763, Subd. 2 (Pooling). Subsection 2.24. Administration of the District Administration of the District will be handled by the City Administrator. Subsection 2-25. Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, and M.S., Section 469.176, Subd. 3, administrative expenses means all expenditures of the Authority, other than: 1. amounts paid for the purchase of land; 2. amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project•, 3. relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4, amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S.. Section 469.178; or 5. amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in sections I to 3. For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982. administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Tax increment may be used to pay any authorized =it documented administrative expenses for the District up to but not to exceed 10 percent of the total tax increment expenditures authorized by the TIF Plan or the total tax increment expenditures for Housing Project Area No. 1, whichever is less. Pursuant to M.S. Section 469.176. Subd. 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S.. Section 469. 177. Subd. ll, the county treasurer shall deduct an amount equal to 0.25 percent of any increment distributed to the Authority and the county treasurer shall pay the amount deducted to the state treasurer for deposit in the stale general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. 0m KRA Tn, Imrtnn.n F,nana,nF Pbn for Tay Iuxmcn, Flnm-,, Dann Nu I 1 2-1 Subsection 2-26. Excess Tex Increments Pursuant to U.S., Section 469.176, Sued. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the Tff Plan, including the amount necessary to cancel any tax levy as provided in M.S., Section 475.61. Subd. 3, the Authority shall use the excess amount to do any of the following: I. prepay any outstanding bonds. 2. discharge the pledge of lax increment therefor; 3. pay into an escrow account dedicated to the payment of such bonds; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. In addition, the Authority may, subject to the limitations set forth herein, choose to modify the Tff Plan in order to finance additional public costs in Housing Project Area No. I or the District. Subsection 2.27. Requirements for Agreements with the Developer The Authority will review any proposal for private development to determine its conformance with the Development Program and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative .teemed necessary by the Authority to demonstrate the conformance of the development with Authority plans and ordinances. The Authority may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. 5, no more than 10 percent, by acreage, of the property to be acquired in the District as set forth in the Tff Plan shall at any lime be owned by the Authority as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 10 percent of the acreage, the Authorityconcluded an agreement forthe development of the property acquired and which provides recourse for the Authority should the development not be completed. Subsection 2-28. Assessment Agreements Pursuant to M.S.. Section 469.177. Subd. 8, the Authority may enter into a written assessment agreement in recordable formwith the developerof property within the District which establishes a minimum market value of the tend and completed improvements for the duration of the District. The assessment agreement shall be presented to the assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the assessor shall also certify the minimum market value agreement. Subsection 2-29. Annual Disclosure Requirements Pursuant to M.S.. Section 469.175, Subd. 5. 6 and 6a the Authority must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor. County Board, County Auditor and School Board on or before August I of each year. M.S.. Section 469.175. Subd. 5 also provides that an rbonu HRA T. Im',enem Fmmcmr Pb. Im Tm Incrt,,,ry F,nano, Dana No 1 I _ - annual statement shall be published in a newspaper of general circulation in the Authority on or before August 15. If the Authority fails to make a disclosure or submit a report containing the information required by M.S. Section 469.175 Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-30. Reasonable Expectations As required by the Tax Increment Financing Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination, reliance has been placed upon written representatives made by the developer to such effects and upon City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D. and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of lax increments. Subsection 2-31 Other Limitations on the Use of Tax Increment All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay the public development costs of the Housing Project Area No. 1 pursuant to the M. S., Sections 469.001 to 469.047 and the costs of a housing development project described in M.S. Section 469.017. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly forconducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking slrocture or of a privately owned facility for conference purposes. 0. HRA Aa Incrtnrni Fln.ux',nF Plan ru, Taw Wn .nl F n..c, a Dnma N., I- I 1 11 APPENDIX A PROJECT DESCRIPTION The Authority and the Developer will enter into a development agreement containing a pay-as-you-go note. Through the Note, the Authority will reimburse the Developer for eligible expenses with interest on the unpaid balance. The anticipated reimbursable expenses include: Land acquisition ................................. $775,000 Site improvements ................................ 100,000 Sewer connection fees .............................. 41,000 Park dedication fees ............................... 161,200 The actual costs to be reimbursed will be determined through the negotiation of the development agreement. In undertaking the TIF Plan, the City and the Authority expect to incur certain expenses. These expenses include, but are not limited to, the following: Sidewalk ........................................ $12,000 Street lighting ..................................... 32,000 Bury power lines .................................. 45,000 Traffic control (Brown Road/Highway 12) ............. 150,000 Intersection improvements (Brown Road/Highway 12) ... 100.000 Access to Brimhall/Highway 12 intersection ........... 100,000 Traffic control (Brimhall Avenue).. . ................. 150,000 Access to Highway 12 .............................. 50,000 To the degree permissible by the TIF Act, this Plan and the available funds, the Authority and the City will finance these activities with interfund loans and repayment from future tax increment revenues. APPENDIX APPENDIX B ESTDAATED CASH FLOW FOR THE DISTRICT ru fa9.mr Onm euN niYm _ R91M U. MOMI jQ9j jQQj j_j01] I�9 6ewy Ngrvnl i4uti1 WU3V 93.000 1.191 62 0 0 0 Ta loc'..nl t§opabn3 lu 6nn lain WI IcrJl luG Yag faIhN, iu S.-Goes [mulWtim r.N W i9W 993YW N4 Ip6.3mell 10.00 14,ffi8 L�wolm3 4L not 1.570 a 0 10aa05 a a 0 a YIaWI 0 V1a002 BUZ 1.570 0 0 104005 0 0 0 a YIRM 0 4WOM 2003 1.5" 73.935 14.5 I0a005 I5.36] 17.5261 3].SeB 3.763 Y1a003 N.1611 YInOW IOW I.S]0 76,892 781322 Loulls IB.339 U.BHI 35)63 3191] YInOd 35553 Waves sees 1,570 76.892 71.322 I0I405 18,339 a.BLI 35353 3.91I w1ams 1110 Vlam 2005 L570 I.Aw 75.322 .W IWS 78.339 12AH1 35,233 3.911 YVfW6 35,253 Liam, AO] 11M I6.892 75.322 106005 78,339 17.8N1 35.253 191, 6,112007 .15,253 Vw. IOW 1.5" 79.968 Miss IWWS ol.. IBIWI 36.W2 apI] YYlOW M.692 mail" nos IA]0 83.167 81.597 LWa05 L.865 a.461 IS.IB9 4143 WIMOM 1e 189 vin "to 1.5W 861893 N.923 I.WWS SOM5 IBA321 39166 1a16 YVla10 39.746 vlaoll nit LSM 89.953 IWU3 10W25 91,923 19.192, 81.365 ..w YIn011 11.us vlaol2 ant LAM 93.551 9L981 10aW5 93.5 K M 19.]I 6].W9 Ms] YIao12 6].W9 YV1013 2013 IAm 9]R93 95.723 IOW05 99.01 19.9M1 A01 a.9]B Y@ OU u.Bo1 vlama MU I.5m 101.18, 99.615 10WW 103.605 u0.3w1 "AM S.., =Nol 16.622 Vlao15 MIS 1.570 105.233 103,663 IDIOM 101.816 110.71D N.516 S.391 6,102015 88.515 VM16 W16 JAM 109.42 107.972 IOGMI 112.192 111.2191 50.06 5.610 Y1m016 30.46 LV101I M1] IAM II3.821 112.2W %uWS It6.)65 111.6]SI SZS35 S.BY Y12011 52.535 L1m01tl sale IAM 119.372 116.802 1.060(5 121.M 112.101 56.666 Gam mn011 56.666 AM MI9 IAM 123.10; 121.537 IotlO' 128W5 112.6a31 56.882 61M I'm WAW YmeM 2030 IAM 128.031 126,61 Louis 131.526 11XM31 59.18I 6.516 YOM @ 59.18] YVtWI Ant LAM 133.153 131.513 IOSW5 1M.953 113.Y51 StZ 6.8a3 YIaw 61.54 WAW2 M22 11M IY4]9 I36.909 10uls 1.2.392 II13191 ".GIs I.120 YIm022 uon vWW3 rMei 2.0".M IM2AM1 I.926AY 101.475 The figures above are estimates of fiaure tax increment revenues based on assumptions about properly values in the District and the operation of the propery m.2 systems. Changes in these assumptions will alter the projected revenues. These projections intended solely to illustrate the revenues that could be created if these assumptions become reality. APPENDIX 9.1 APPENDIX C BUT/FOR QUALIFICATIONS To be addedprior to the public hearing APPENDIX cI RESOLUTION CALLING FOR PUBLIC HEARINGS ON ORONO WOODS TAX INCREMENT FINANCING PLAN, DEVELOPMENT PLAN, HOUSING PROGR,.M AND ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: =1f TM-17:Ca1Yy.iQUJto 1. There has been presented to this Council drafts of a Tax Increment Financing Plan and Development Plan and a Housing Program (together the "Plans") relating to the financing of a 62- unit multifamily housing facility for seniors (the "Project"). The Plans describe a proposal to provide tax increment assistance pursuant to Minnesota Statutes, Sections 469.174 to 469.179, and to issue housing revenue bonds under Minnesota Statutes, Chapter 462C. S:=, n"V 1RKr1tf;Lal I W.Cy 11630 2. This Council shall hold public hearings on the Plans and the issuance of revenue bonds at its regular meeting on Monday, May 14, 2001 at 7:00 o'clock P.M. Notice of such hearings shall be given as required by law. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 23r° day of April, 2001. Barbara Peterson, Mayor ATTEST: Linda S. Vee, City Clerk CCl Pvvl AAPFTINC REQUEST FOR COUNCIL ACTION APR 2 3 2000 CITY Ur Unuivu DATE: April 23, 2001 ITEM NO: 10 Department Approval: Administrator Reviewed: Agenda Section: Nrme: Tom Kuehn '�Wr {{{{....,,,� City Administrator's Report Title: Finance Director— � 1 Item Description: Investment Report for the Year Ended December 31, 2000 Attachment: Investment Interest Earned compared to Revenue Budgets, 2000 The unaudited statement of earned interest for the year ended December 31, 2000, reflects interest earned of $582,547 compared to budgeted amounts of $482,580, for a favorable variance of $99,967. As a comparison, interest earned in 1999 was $497,411, and interest earned in 1998 was $597,860. These amounts exclude all HRA investment earnings. The average yield for 2000 was 6.29%, excluding all HRA investments held by the Trustee. This compares with an average yield of 5.77% for 1999, and 5.84% for 1998. The investment portfolio, at cust, on December 31, 2000, was $10,233,994, compared to S9,787,546 on December 31, 1999, and $9,121,841 on December 31, 1998. On December 31, 2000, the investments in trust for the HRA debt issues included $414,991 for the 1991 Public Facility Revenue Bonds, and $2,335,595 for the 1998 HRA Refunding Bonds. During 2000 the various HRA debt investments earned interest of $129,337. COUNCIL ACTION REQUESTED: Information item, no action required. W ~WPa TOVNNVRffr .10 City of Orono Interest Earned on Investments Comparison With Budget Year Ended December 31, 2000 Prior Year Fund _Actual Geveral Fund General Soecial Revenue Funds Park Improvement & Equipment Outlay Community Investment Dmg(Felony Forfeiture Debt Service Funds 1992 Improvement Bonds 1992 Improvement Bonds 1995 Refunding Bonds (1985 Imp Bonds) 1997 Improvement Bonds 1999 Improvement Bonds 2000 Improvement Bonds Capital Proiects Funds Municipal State Aid Construction Permanent Improvement Revolving 1998 Sewer Construction 2000 Sewer Construction Enterorise Funds Water Operating Sewer Operating Sewer Operating Construction Golf Operating Internal Service Fund Insurance Pool Total HRA Debt Service Funds 1991 HRA Building Bonds (Trust) 1998 HRA Refunding Bonds (Tout) Grand Total All Funds Corn. year Current Year Actual over _Budget _ _Actual (Under)Budget $105,880 $100,000 $106,213 S6,213 9,068 6,450 9,178 2,728 25,674 20.240 12,709 (7,532) 92,888 136.000 125,391 (a) (10,609) --- --- 1,833 1,833 3,013 --- --- 0 40,512 33,690 42,270 8,580 6,478 2,610 4,946 2,336 20,072 17,440 28,381 10,941 1,670 3,150 12,054 8,904 -- --- 1.005 1,005 25,913 --- 19.559 19,659 24,902 30,000 37.132 7,132 11,286 -- 11.458 -- -- -- 1,114 1.114 21.552 32,890 36,101 3,211 60,661 51,920 73,455 21,535 30,908 32,690 36,369 3,679 16,934 15,500 19,781 4,291 3.499 3,499 S497,411 $482,590 $582,547 S99,967 26,254 25,000 26,384 1,384 103,154 _ _ _ _ _ 102,953_ _ 102,953 S6266 19 S50758() $711,884 f2y (a) The Community Investment Fund investment interest earned is under budget because of the loan to the Water Operating Fund for the Navarre water plant rehabilitation project. The interest on the loan for the year 2000 is $20,550. When the interest from the loan is added to the investment interest the total internst earned for the year is S145,941. The Waer Operating loan is scheduled to be repaid in annul installments of S31,660 plus interest, ending in 2013. TOamn%raTraeNa b"Iln REQUEST FOR COUNCIL ACTION Date: April 20, 2001 Item No: Department Approval: Administrator Reviewed: Agenda Section: Name: Stephany Good Title: Chief of Police Item Description: Request for Authorization to Dispose of Used Squad Cars Exhibits: None Cn"""1 "FETING APR 2 3 2= Cu Y up Otlpryo DISCUSSION Upon receiving three (3) Year 2001 budgeted squad cars, the Police Department requests permission to dispose of the replaced old vehicles as permitted by City Ordinance. Squads #167, #178, and #182 will be placed for sale to the highest bidder. The bid opening is set for May 9, 2001. Request Council declare squads 167, 178, and 182 as surplus property and authorizes their We to the highest bidder on May 9, 2001. uvn�wn•��am..pa�.w.��a K� MEETING APR 2 3 20W REQUEST FOR COUNCIL ACTION Cl I Y Ur Utlolyu Date: April 19, 2001 (CONSENT AGENDA) /� Item No.: Deportment Approval: Administrator Approval: Agenda Section: Zoning Name: Michael P. Gaffron Ji4A Title: Planning Directorrcam JJ� l� Item Description: Fleming Trail Addition - Covenant Amendment On December It, 2000 Council approved the revised concept plan for the Fleming Trail Addition and directed staff to amend the covenant by attaching the revised concept plan to the original covenant, and revise the language to reflect the revised minimum lot size of 0.5 acres. The attached "Amendment to Declaration of Covenants" accomplishes this and makes the necessary language modifications to reflect the revised lot layout in relation to setbacks and landscaping. All that is needed is authorization for the Mayor and City Administrator to sign the amendment. COUNCIL ACTION REQUESTED Motion to authorize the Mayor and City Administrator to sign the "Amendment to Declaration of Covenants" for the Fleming Trail Addition. AMENDMENTTO DECLARATION OF COVENANTS THIS AMENDMENTTO DECLARATION OF COVENANTS is made this _day of , 20_, by and between THE CITY OF ORONO, a municipal corporation ("Orono") and THE CITY OF LONG LAKE, a municipal corporation ("Long Lake"). RECITALS WHEREAS, on May 24, 1993 the Cities of Orono and Long Lake executed a DECLARATION OF COVENANTS pertaining to real property known as the Fleming Trail Addition legally described in Exhibit A attached hereto (the 'Property"); and WHEREAS, the Fleming Trail Addition as originally platted contains13 residential lots with a minimum lot size of 0.8 acres in area; and WHEREAS, the Fleming Trail Addition as originally platted will be impacted by the re-routing of U.S. Trunk Highway 12; and WHEREAS, the City Councils of Orono and Long Lake have agreed on a revised site plan for the Property resulting in 13 residential lots with lot areas ranging in size from 0.5 acres to 0.75 acres in area. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, Long Lake and Orono agree to amend the DECLARATION OF COVENANTS as follows: The revised Development Plan attached as Exhibit B to this Amendment is substituted in place of the original Development Plan (Exhibit A of the DECLARATION OF COVENANTS). 2. Item (4) of the Recitals is amended to read as follows: "4. Impacts on existing natural vegetation shall be minimized and additional landscaping shall be provided. a. Plantings shall be provided along the southern border of the revised Fleming Trail Addition between Orono Orchard Road and the westerly line of Lot I, providing a natural visual buffer between the Fleming Trail Addition and Oronc Oaks development. b. The stands of mature trees on the eastern portion of the site as shown on Exhibit A shall be preserved." Page I of 3 3. Item (5) of the recitals is amended to read as follows: 115. The following setbacks are approved for each of the residential lots: Lots I, 2, 3, 4, 5, and 6 - 35' street setback, 50' rear setback, 10' side setback; b. Lots 8, 9, 10,11, 12, and 13 - 35' street setback, 35' rear setback, 10' side setback; C. Lot 7 - 35' street setback, 10' side setback, 50' rear setback to northeasterly lot boundary, 35' rear setback to northwesterly lot boundary." 4. Item (14) of the recitals is amended by striking the entire item. IN WITNESS WHEREOF, Long Lake and Orono have executed this Amendment to Declaration on the above date. THE CITY OF ORONO By THE CITY OF LONG LAKE By Its By Its Page 2 of 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _day of 20_,by and ,the and ofthe City of Orono, a municipal corporation, on of the corporation. NOTARY PUBLIC STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _day of 20�by and ,the and of the City of Long Lake, a municipal corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: The City of Orono P.O. Box 66 Crystal Bay, MN 55323 NOTARY PUBLIC Page 3 of 3 C$TWI�OuT/(,fntAer2r./NLS VL�S/ON, AMENDMENTTO DECLARATION OF COVENANTS THIS AMENDMENTTO DECLARATION OF COVENANTS is made this _day of , 20_, by and between THE CITY OF ORONO, a municipal corporation ("Orono") and THE CITY OF LONG LAKE, a municipal corporation ("Long Lake'). RECITALS WHEREAS, on May 24, 1993 the Cities of Orono and Long Lake executed a DECLARATION OF COVENANTS pertaining to real property known as the Fleming Trail Addition legally described in Exhibit A attached hereto (the "Property"); and WHEREAS, the Fleming Trail Addition as originally platted contains 13 residential lots with a minimum lot size of 0.5 acres in area; and WHEREAS, the Fleming Trail Addition as originally platted will be impacted by the re-routing of U.S. Trunk Highway 12; and WHEREAS, the City Councils of Orono and Long Lake have agreed on a revised site plan forth,- Property resulting in 13 residential lots with lot areas ranging in sin from 0.5 acres to 0.75 acres in area. NOW, THEREFORE, in consideration of the foregoing and other good and valuable cons.deration, the receipt of which is hereby acknowledged, Long Lake and Orono agree to amend the DECLARATION OF COVENANTS as follows: The revised Development Plan attached as Exhibit B to this Amendment is substituted in place of the original Development Plan (Exhibit A of the DECLARATION OF COVENANTS). 2. Item (4) of the Recitals is amended as follows: "4. Impacts on existing natural vegetation shall be minimized and additional landscaping shall be provided. Plantings shall be provided within the 50'rear setback mew aF Let-9 i;zmvd-3, Bloek=2, along the southern border of the revised Flemine Trail Addition between Orono Orchard Road and the westerly line of L_qtl 0 ese to engines, providing a natural visual buffer between the Fleming Trail Addition and Orono Oaks development. b. The stands of mature trees on the eastern portion of Y ie site as shown on Exhibit A shall be preserved." Page I of 3 3. Item (5) of the recitals is amended as follows: "5. The following setbacks are approved for each of the residential lots: a. oeilmtds ateu--'z`�''. Lots 1 2 3 4 5 and 6 - 35' street setback 50' rear setback. I O' side setback; setbaek; Lots R o 10, 11, ,12 and 13 - 35' street setback. 35' rear setback. 10'side setback; ^ Lot 7 - 35' street setback10'ct side setback. 50'rear setback to northeasterly tot boundary. 35' rear setback to northwesterly lot boundary." 4. Item (14) of the recitals is amended by striking the entire item, as follows: site IN WITNESS WHEREOF, Long Lake and Orono have executed this Amendment to Declaration on the above date. THE CITY OF ORONO M. THE CITY OF LONG LAKE By Its By — Its Page 2 of 3 STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _day of 20_,by__ and_ ,the and of the City of Orono, a municipal corporation, on behalf of the corporation. NOTARY PUBLIC STATE OF MINNESOTA ) )as. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _day of 2C_,by and ,the and of the City of Long Lake, a municipal corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: The City of Orono P.O. Box 66 Crystal Bay, MN 55323 NOTARY PUBLIC Page 3 of 3 noD c i 21NI0 REQUEST FOR COUNCLI. ACTION CIi r ur unuryp �� DATE: April 23, 2001 ITEM NO: 13 Department Approval: Administrator Reviewed: Agenda Section: Name Lin Vee Licenses Title City Clerk Item Description: List of Licenses for Council Approval SPECIAL EVENT JMS Homes Luxury Lifestyle Home Tour 8 1150 Lyman Avenue June 8, 9, 10 & 15, 16, 17 & 22, 23, 24 (Friday's, Saturday's & Sunday's) Friday's 1:00 p.m. - 7:00 p.m., Saturday's & Sunday's 10:00 a.m. - 6:00 p.m. 2. Tony Eiden Company Minnesota Monthly's Luxury Home Tour @ 480 Sussex Lane June 8, 9, 10 & 15, 16, 17 & 22, 23, 24 (Friday's, Saturday's & Sunday's) Friday's 1:00 p.m. - 7:00 p.m., Saturday's & Sunday's 10:00 a.m. - 6:00 p.m. 3. Gear West Ski & Bike Duathlon (3 Mile Run / 20 Mile Bike / 3 Mile Run) Orono Middle School and Surrounding Area as designated on map Sunday, May 20, 2001 8:00 a.m. - 11:00 a.m. SOLICITOR Fund for Public Interest Research (FFPIR) 3. Edward Jones Representative: Patrick Rowan Representative: Shannon M. Taggart 1313 - 51a Street SE 1810 N. 2' Avenue Minneapolis, MN 55414 Minneapolis, MN 55405 2. Infinity Adv. Inc. Representative: Anthony Lawler 90 West Country Road C#21 Little Canada, MN 55117 COUNCIL ACTION REQUESTED: Motion to approve/deny the above licenses. Date: April 20, 2001 C011Alra MEETING To: City Clerk - Orono APR 23 2000 From: Stephany Good, Chief of Police CITY Or ORONO Re: Special Event Permit 1 have reviewed the application submitted for the Luxury Lifestyle Home Tour at 1150 Lyman Avenue. Conditions: No Parking on Lyman Avenue Restrict Parking to one side only on Smith Avenue Permit Holder must post the roadways. TO: Orono Police Department FROM: Rachel Dodge, Deputy City Clerk DATE: April 19, 2001 SUBJECT: Special Event Permit - Luxury Lifestyle Home Tour Attached is a special event permit application born JMS Homes for the Luxury Lifestyle Home Tour for a home at 1150 Lyman Avenue. Please do your background investigation and make your recornmendation to the Council in written forth. Thanks for your help. �nk y otie s Ec 6 SMr rt A� TO: Orono Police Department Col lkrni MEETING FROM: Rachel Dodge, Deputy City Clerk APR 2 3 20M DATE: April 19, 2001 CIl Y Or ORONO SUBJECT: Special Event Permit - Luxury Lifestyle Home Tour Attached is a special event permit application from 1MS Homes for the Luxury Lifestyle Home Tour for a home at 1150 Lyman Avenue. Please do your background investigation and make your recommendation to the Council in written form. Thanks for your help. e y� PARADES & SPECIAL EVENTS PERMIT APPLICATION x� CITY OF ORONO, MINNESOTA c Permit #: Fee: $50.00 Date Received: Phone Number.152 - 9 N'q "36 3 0 Name: s 411- P Address: �?/% City, State, Zip: Ch a ✓I I Aj / 5_ 3 Location of Parade or Event:' Date of Insurance Company: 0.lrl (a 4)f,IYI/ Amount: (Copy of insurance certificate, on which lite Ct hs agen6 and employees are n ed as additional insured, must be submitted with this application.) I am aware of all applicable State and other laws regarding parades and special evots and will abide by same. I also agree to hold the City of Orono harmless'WM all Tigbilit 'es that may arise directly or indirectly from the pemde ial event 1 understand some events may require off -duty or reserve officers and a fee may be reauioed for these services. Approved: 0 Denied: 0 9 2001 `= CITYof ORONO ntunl<I Offices Pat Street Address: Mailing Address: 27755n0nKelllleey�Pgarrkway P.O. Bo, 66 DATA PR Al:Y WISORY Crystal Bay. MN 55323-0066 In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the city deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. 9�2- 9y> -3G3C� �m 1 ❑¢de -stand myfrights as stated above. Telephone (952) 249A600 " Fens (952) 249.4616 wxw.cl.orono.tnn.us Ma' —21-1 L2y43P 1,11. t,al J._Simonott E:ns. 933�8495..... P.o2 E:RTIFICATE OF LIABILITY INSURANCE Amedun Family IMunnu Opmpany Arth rFamilyMNuslinstowumCompany dmwobnbox bnUlchaaedAMERICAIiI FAMILY 6000Amrken Pky Madbon, Wn CPnein 53783-WI AUTO HOME HVSINfSS NIAJTH If[' Aoanya Name At Michael J. Sir 0700 West 36, -':. LODIs Pad '•ra cM:BrAna N �4a cadMula d covsllAaeB tnb b to oeN'y d0 by the poWro de lYP! OF IN! ::'N:.omednm •+env Um11e o 'carnlRaneb IJaI Welllen Conipe, tlmploy. WEI M!Y LlaMllty R=b ., 11O _ uaeiNY (wm Bu91 r nen —• i*i I b OwMd A.I. Owned Aulpe r Mired A N. 1 ❑on err I.May M ' p Garega hd,iry ^ ;gnmarae Bh ..: Veadpa, F, ailyL a0,arI"I ele, P.(k a.. w Cryabl eeY, M and Phone Number 1w ) ! 1 (031.0801 t set, Suite 205 1 56426 d as s mmrer of W I tsm d.*.Nlrrdo I jet ol:aunnu IB debit oteny centr. I hare. b eW*a to I CE I POLK IMF i dMy :,ed n22X Ih bml E ,mac I ATION91L(1GLTIDN ,dlbll. St Mkheel i %—HXQTAN1DA0 !e 1 ro are 0SV Id'S NUM and Md,eaa JMS Homes Inc., 80 Viest 781h Street Suits, 133 Chanhassen, MN 56317 Won only and content no dahm ul,on the Gdllkme Holder. t Iln cownpa aRoded by the poled.. tiered below. a bw he" bean reseed b the Irounl fi M abPH (Or M Pohm period indk•Jred• Mtx MteMlnp ere <the,d I,.nt mint rMped W~Fit nNUR.Ie My be,med Onot, Peft,., My.n,~,o alIXded 11 terra. rocluNom. ere urldOW, nl aIna WhIjim, POLICY iYP! UMBER EReCbe TOW Aion LIMMS OF LIABILITY _ (Mo.D .TD nAo.Diy.YIy 80y Injury are P.Wdy Damao. _ Each Om mm. BMay Injury f.d PmpeM Dama0e Ead, Octane. Bodly Injury are P,weM Demape _ EeN Omumr:e Farr a anpml Lleodly Eadl Oceumnn - Farm Employee5 L4NI' Eadl Owunemoe Bta wory .... Each Arndmt DMOM - Eacn Employee D4 -Polk LMa Gero,al AooreoNa 52,000.000 ,"1 111,2001 1firm ProdlW. COMPIDW Obtrsbona App,eelle 51.000.ODo Parsarol and M.eNdnp Injury a 1,OW.000 Eat, Ouumnu 111,000.000 Foe (N.".(Any One FMI simm _ Medical Expense An dre Panonl SS.ODO Ee,il Ocrenann.. Aggragall .. B ffy Injury - Each Pwsw1 Bogy Injury -Eadl Acddenl P,opeey Dame" logy Injury a Pro mov Damao. Combin" Emon Occone.WApprooale , K•LESMESTAICTIC . PEC,AL in MS ' TM+'na'dul er ln'M•, ano—n as lM,M �' N,elea b b �Pfo x w.r . prpolbGdnpNr+p C pwalma gpap+M1 s ay/ b aaN , Cwmt ab x, ac m,rrel,n YMW n Muatl m pw M SMMe any or M M)Q e.,need "W03 oa G1xx%! w MML M en Iraoon dare Mxol, the mmu,M"wnreaYo, to mad •I to 00va1+,rMn riot r. rp M Gmnure Haan nemxt. but te�k„e b mwl wcn Mlwy one m1a me obq+IXMI a. rwaY or wq Yme voan M mmwnr. ne agnta w mp,e3entetAws (:) Iho mmine e W'IO .,p,•pmitinMe deMoleerednleweuie reNrG IMne erw.n wl,oeveaby ed IN pa Gn ay alLlx, b ur,ula0an in ranbmAy q Mn re aby Mmf 4aeW dw else o, Ra,w I _ Mimi L•-001 Ed-, a —1OF IAL -0oNewta MOMer, COMES GTTVW , Date: April 20, 2001 To: City Clerk - Orono From: Stephany Good, Chief of Police Re: Special Event Permit 1 have reviewed the application submitted for the Luxury Lifestyle Home Tour at 480 Sussex Lane. Parking is sufficient and we have no objection to the issuance of this permit. TO: Orono Police Department FROM: Rachel Dodge, Deputy City Clerkl— DATE: April 19, 2001 SUBJECT: Special Event Permit -Minnesota Monthly's Luxury Tour of Homes Attached is a special event permit application from Anthcny Eiden of Tony Eiden Company for the Minnesota Monthly's Luxury Home Tour for a home at 480 Sussex Lane. Please do yourbackground investigation and make your recommendation to the Council in written form. Thanks for your help. Jan-I8-2001 00alna Fran -CM OF 000a0 +1622404616 0-100 r 00 AU 6-010 PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA Permit o Pee: Sso.00 31j-7 0' ?, 1 Date Received: 1 ^ Phone Number:763- 959 - D2�5 1 city, state. Zip: Location of Parade or Event Date of Event:IUf10,Q' SU J 4 ?fUj _ Hours of Event: TT& 1- 7 f 4 5 n l0 6 TypeofEvent: LUI�xSotr� NLYtf1�U j�lxu+� iGlLi" u� Fti�le5 Instnanee company -k f ton. i r�, Lc ra-nu 6ty0sswmotmt:_;(r__g+ _ Pad bA (Copy or Insaran" eertjflcate, on whirl, Ike City, its agen& and employees are named as additional Insured, must be submined with this application.) I am aware of all applicable State and other laws regarding parades and special events and will abide by same, I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade or special event approved by the graining of this permit. some events may require off -duty or reserve officen and a fee may be A= se,"* -� Approved: O Denied: 13 Jan-11-2001 02:57m Ftm-CITY OF OHIO 0522404616 T-344 V003/003 F-210 CITY of ORONO Muddpd OQim Stnat Was& 113101 aWnso 2750 Way F&*�s4aYY� rA F.O. 1 C�'Si�� DATA PIRMAMORY OIYnd On, MI 55323M In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would I&e to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the city deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full tame is required to process this application or permit. 70 -5'Dq -0:2-51 PIAMe I understand my rights as sated above. -sipsexta TUspaeoe (5523 7454000 •Ras p53) 349-K1a wnw.daroao.mdue AQQR-4 CERTIFICATE OF LIABILITY INSURANCE 0," 01/22/2001 Action Insurance Brokers 1291S 16th AYa N Plymouth. KI S5441 4100 Berkshire Lane N Plymouth, IN SSUS INSURERS AFFORDING COVERAGE THE POJCICS OP INSURANCE LIsnD a40W NAVE aEbl W Va0 TO1HE IXEVIIW INAEDPEGVP.IOR THE POUtt'rERIOO WOCATFD. NOIWRH9TANDNO MY RE4UEIENENt. TEAM OR CONDITION OF AWCONTRRCT OR OTHER DOCUMENT WRH RSSfRCTTO WHICH NO CERWICATE MAY EE ISSVW OR NAY PSRTXN, THE INSURANCE AFFORDED DYNE POUCIU DESCRIKD HEREIN IS UNECTTOALL THE TERNS. ERCLUNONEANDCONDrtIONS MUCH POLCIU AGMUTATV WITS SHOWN MY NAVE BE" REDUCED BY PAID CLUNG, rvY. DrmNRxK1 1'D4IGY INXYLR 10 1S/2000 InNa A mm, ulwurr Ii ']IeaRCW 4eNERNLLVNTY CWNYVE®WDI:A 1 FKH ooc m x a f 300.00 rmI DUYDE fhaw RU 1 1DP MOW YrywYmnl E 1.00 nRaoxIL1APVNAIW 1 500.00 "i LaoREOATS 1 11000.00 oNnAcwlunwrArrLefrot roLlc Loo rRooucn-carnAoo f 1 D0o WroYDYaLWlllr111111192390 xr0o Aurae MDHOYm[DMrtOS 10/15/2000 10/15/2001 soDiiai.kr�IXI "AfclaoutoAura f J�F"To 1 rDRRRyy�I Ihr WrO�E 1 MYOEIIxYHY FYN NIID ONLI-IAKOUIM 1 Ot11MnaTn .,IzCI 0IlT0dln x001 1 A IrteY UAWPUTr Dcc�s cum N�1 xolrcrlae xmMgx 1 10,00 ESSs360 0 1S 2000 10 1f 2001 [ACH OCmnwxcf f 1.000.00 AOdxan f 1000 A 1 f f A noNrw owrlY.rXm.xDC NRoY UAINIY 107094695 1015 000 —2-01-ITM- lL YC11At'DIfQIT 1 100 00 aL onur.ulrL E 100,00 aLOREW.rouarLrr f i00 amY A]WIIRm p uMATfIYNOCAMMYYMKUYEFGYION LDON aY IaDAYNM1VELMLFRLNRONF SIIDULD ulY OF M b0n x%Im n rouoY Y CYp1Ln !DM M IIFmR1Cr YnrHww,.w w.Hc cD1IAM wyt IIICEAvoArowa 10 anlwrTi11 X0nn ru rr allrulun HDua Ntau Te MIJR, Nrtrfuw roXxafuY xorn HULL NTDIt xe oeuoRnoewLwtm City of OronN ROAD 3 IINII TO: Orono Police Department FROM: Lin Vee, City Clerk / DATE: April 5, 2001 SUBJECT: Special Event Permit Attached is a special event permit application from Gear West Ski & Bike for their annual Run Bike Run (Duathlon) event to be held Sunday, May 20, 2001 beginning at 8:00 a.m. Location: Orono Middle School and surrounding area Please review the application and provide any conditions you wish noted on the permit in written form. Following are the conditions noted on last year's permit: Organizers must provide for police traffic control on Old Crystal Bay Road, County Road 6 and County Road 201. There will be no impeding of traffic on any public roads. All bicycling traffic regulations must be followed. Thanks for your help! PARADES At SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA r.u:JO Phone Nurnber: %S.I -Y73—OOyr Permit #: Fee: S50.00 Date Received: _ ; - / 3 — o / Name: 6G42 t..=ST sici /,r�✓il •3—ice= Address: / 7?6 Wtis: City, State, Zip: L v�/ a 9Rt� a �r ti 5—S 3 S76 Location of Parade or Event: 49�,✓y Sccjloue. l�lir/�C�Iv9 TN .¢QCA Date ofEvent: ^,zv.10 Hours of Event: Type of Event: Lim.. F4 Insurance Company: 5;7?777 .mare n. Amount:.7-+,slfe l (Copy of Insurance certificate, on which the City, its agents and employees are named as additional insured, must be submitted with this application.) I am aware of all applicable State and other laws regarding parades and special events and will abide by same. 1 also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade or special event approved by the granting of this permit. I underitmd some events may require off -duty or reserve officers and a fee may be Approved: 0 Denied: 11 By: V O'' a CITY of ORONO )f.nfalpal Ofnm Street Address: Mailing Address: �kyrgg04 2750 Kelley Parkway P.O. Box 66 DATA PfiWA&!AffijSOHY Crystal Bay, MN 553230066 In accordance with IVI.S. 13.04, Subd. 2, 'Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: I. The information you tartish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the city deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Lest /7 Fe Lam. i,. -/2-i1 5� Address City State Zip Ys—.J-ti73 Phone I understand my rights as stated above. Telephone (952) 2494600 • Pa= (9S2) 249.4616 wwtrd.or000.mnus This c,mses coal S rATF FARM FIRE AND CASUALTY COMPANY. Bloomington. Illinois D STATE FARM GENERAL INSURANCE COMPANY, Bloomington. Illinois STA TF FARM FIRE AND CASUALTY COMPANY. Scarborough. Ontwb L-I S'rATF FARM FLORIDA INSURANCE COMPANY, Winter Haven. Fludea Q STArF. FARM LLOYDS, 00123. Texas IK,ng poibyhol0or 1�, in, coverage, Indicated below' Name of olicyhOmbr Ad WEST SKI a BIKE Address 0 pokcyriolder 16 W WAYZATA BLVD Location or operattions VG !.Arm, e11 55)56 Oesnpitun of operations _ The policies listed below have he•r slued to the pWcyloider for the pokey pepods shown The insurance de,cnbea in Neese policies is sub(ed to ap the tuma exclusions and cdrtdNbns of those Policies The limits or liability shown may have Been reduced by any paid claims POLICY PERIOO LIMITS OF LIASILMY POLICY NUMBE0. TYPE OF INSURANCE Ef acily, Data FJmtrilon DW I tat beginnMR of Of llcir Padedl 90-CB-0661-1! TM liuurrice �M.l.p.d.e..s.. BUS -MSS L-a.b.ilty .D61DI /U) 06/01/01 ;19PubuCs 'Cmbted Operation® Contractual Usti ❑ Underground Hazard Coverage ® Pwsonat Injury Advenring Injury ❑ l:sDbnon Hazwd Coverage ❑ Collapse.. Hazard Coverage F xi:r'SS LIABILITY urbmw Omer WorkersCompan iabon and I mpoyera LbbKey POLICY NUMBER TYPE OF INSURANCE AMENDS. EXTENDS OR ALTERS THE Nem, and Aenrea, Of CarldaaNs Holder CITY 0e Oe0N0 PROPERTY DAMAGE Each Occurrence S 511C. 000 General Aggregate S I. Duo, 000 Produde - Completed 11,090,000 Operations Aggregate Data. eliphaoon Dale (Combined Singb Lis) Each Occurrence S Aggregate S - ant STATUTORY Pan 2 BODILY INJURY Each Accident $ Disease Each Employs, S Disease Policy Lint S ILICY PERIOD LIMITS OF LIABILITY DM, Exwwin DM (at be0.Mnli s of Policy Pwludl ANY POLICY DESCRIBED HEREIN. 11 any of the desMbed wheve, are canceled before es expiration dale, Slate Farm we try to mall a written no(" to the CMdicale Fader days before cancellation. B Fowevw, we led to map such MIKe no obligation N aaMNy will be Irnpo,ed on $tale Farm or par agents or repose�rt/lalnes. 9grKFe d Avmorb�� ,I" el.o Ter -- — owW Agenrs Coe SHp Apo Code ken Wand, 5 d 'm x,... L I I arrT M'�a9SllRin9M MAR-30-2001 FAI 03:16 PM FROM: PRO EVENTS INTNL, FAX:61"l0.7E2c41 FAGE 2 2001 Tour Be Lake Minnetonka When: The inaugural Tour De Lake Minnetonka will be held on May 2& Check in will begin at 7:30 am at the Wayzate Central Middle School and the route will remain open and supported through 4:00 PM. Purpose: The Tour De Lake Minnetonka was revitalized to benefit the Lake Minnetonka Association, an organization dedicated to the preservation of Lake Minnetonka and its surroundings. LMA hopes to raise awareness on issues concerning Lake Minnetonka. Routes: There will be a short route (26 miles) and a long route (46 miles). See attached map. Riders: Based on numbers from previous years, we are expecting 700 to 900 riders. It is estimated that approximately 66% will take the short route and 33% will take the long route. Rest Stops: There will be two rest stops each with food, water and rest room facilities (portable toilets will be used where necessary). The rest stop for the short route will be located at The Centronics Park iu Excelsior. The rest stop for the long route will be located at the Lake Minnetonka Regional Park (comer of Highway 7 and County 44). Support: This ride will be fully supported with sag wagons, ride marshals, medical personnel, communications (cellular and amateur radio) and volunteers. Ride Producer: Pro Events International is a special events rnenagement company specializing in bicycle events that are fun for the participants, provide benefits to communities along the route, generate contributions for the non profit partners and we safety conscious. U a W RIDE RIGHT Cm WAW vM SIMMM "IU8mm ON.n-mwM ur �pn TdO.o a M Sunday, May 20, 2001 700 mn — 3:00 Pm 11 NL. • 4.K I(.uM 26 Mile Route 'i 46 Mile Reuse 9 Me Trails S(Wt5 On r aD cRvstaLB41 RD 5ra✓ts'by k�� -tra«srHov� zsxe- '➢0P0V TO: Police Department FROM: Lin Vee, City Clerk DATE: April 5, 2001 SUBJECT: Solicitor Permit for Fund for Public Interest Research (FFPIR) - Patrick Rowan, Representative Attached is an application from the Fund for Public Interest Research group to solicit in Orono. It appears they will be canvassing for the Sierra Club, which the FFPIR works with. Per Internet research, the FFPIR solicits contributions to influence political positions regarding environmental issues and government accountability problems. Our Code requires that licensing or registration be completed for contribution solicitation. The FFPIR has also submitted a legal brief concerning their right to canvass without fees. In reviewing this information, it appears that the City should require registration but collect no fees. Information from the League of Minnesota Cities indicates that "registration is the process of recording a person's name and any other pertinent information the council believes necessary to ensure the good faith of the registering party." The FFPIR has completed the application for solicitation in Orono and provided the full name, address and date of birth of each person to be canvassing in Orono. Please do your background investigation, indicate any concerns regarding the canvassers, and return comments to me. Thanks for your help. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4119/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Clary Richard Johnson. Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a driver's license for the name given and it is currently valid, however the person has not been identified by photo or prints by anyone in this office. Motor vehicle reflects several police contacts with the name given. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. *It is important to note: The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriff's Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association It is currently nut automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City requires applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and 1 am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Paul Curtis Cole. Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a driver's license for the name given and it is currently valid, however the person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. *It is important to note: The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation Giat (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City requires applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies. there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and 1 am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/I9/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit. The record ct is provided to you include the following information on the time John David Johnson. Driver's License: This check is based on the time as given by the person to the department of motor vehicles and to the city. There is a driver's license for the name given and it is currently valid, however the person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. *It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be dnne at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not ^hecked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City requires applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the time Kimberly Anne Mongoven. Driver's License: This check is based on the time as given by the person to the department of m,tor vehicles and to the city. Thete is a no driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. 'It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which use person has had some association. It is currently not automated through state records Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City requires applicants to obtai• •ertified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify a,,d background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subjo 'v Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Nora Kathleen O'Connor Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a valid driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. *It is important to note: The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration rile or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City requires applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Matthew Michael Olson. Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a valid driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index whim shows current outstanding warrants and orders for protection. The time given is clear warrants and has no active OFPs filed. *It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included. in the license application fee. Or, (4) The City requires applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the time Patrick Robert Rowan. Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a valid driver's license for the time given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. *It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information. is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perfom. a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City requires applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Shawn Marie Sweeny. Driver's License: This check is based on the time as given by the person to the department of motor vehicles and to the city. There is an expired driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. *It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that ( I ) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City requires applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Joshua James Trinkner. Drieer's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is no Minnesota driver's license for the name given. The person has not been ie. aified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear wan -ants and has no active OFPs filed. *It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be Incated in any jurisdiction in which the person has had some association. It is currently not :e,.omated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City requires applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department d-es not have the resources to identify and background these individuals at the current time, and 1 am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing prir ate property. TO: Police Department FROM: Lin Vee, City Clerk DATE: April 5, 2001 SUBJECT: Solicitor Permit for Fund for Public Interest Research (FFPIR) - Patrick Rowan, Representative Attached is an application from the Fund for Public Interest Research group to solicit in Orono. It appears they will be canvassing for the Sierra Club, which the FFPIR works with. Per Internet research, the FFPIR solicits contributions to mfluence political positions regarding environmental issues and government accountability problems. Our Code requires that licensing Q registration be completed for contribution solicitation. The FFPIR has also submitted a legal brief concerning their right to canvass without fees. In reviewing this information, it appears that the City should require registration but collect no fees. Information from the League of Minnesota Cities indicates that "registration is the process of recording a person's name and any other pertinent information the council believes necessary to ensure the good faith of the registering party." The FFPIR has completed the application for solicitation in Orono and provided the full nw--c address and date of birm of rash person to be canvassing in Orono. Please do your backgrouna investigation, indicate any concerns regarding the canvassers, and return comments to me. Thanks for your help. APR-PS-01 09:37 AM FFPIR-MINNERPOLIS 6123790877 P.I1 (- kA �� Drop v FF ��1i� Clbl� s2u.uu CITY OF ORONO 7750 FTi'.L T.Y PARKWAY, P.O..DOX 66 CI(\STALB.11',MN $5323 Cheak One. Business S..olIiizhat�ianr _7� f/1 lCopui9ntd0n SSolNicC6ti0(r1 1•tenaiettty.lutlant__- _ Organization: ��!1 _'��? y—�it'/ l�Z'r�.J,[l-LYp,1f-q3!C;�'��, Ph,,-,: �c2r/r/ �/; i j 0 s •vet cilv.'stste zz11 /� zip Representative•__.- `s, Phone w 33"Z�yZg7 Address: ? Zz Z YZ J — �� s—V"/" JS Z..i street cisylsmte" _.-. dirt Number ofPersotts 0.'na Will Be Sallaoing 1Yithin Ciry: PROVIDE NAMES OF Sol iCTTORS kVSIENT ♦MRCRANTS ON BACK Or THIS APPL1cATION. FLT.T. NAME (FIRST, tiMDDLE AND LAST), ADDRT.SS, MINNESOTA DRINTR'S LICENSE NL'3NDIER, PRON7EN'UNMERAND DATE Of BIRTH (JiONTIs, DAY AND YEAR) Type of Prodntt to be solicheu:_— Transient ;vTerchariLocation; _. ee Attach letter from property onner Firing aut'aori7ation a e w —_—Asa .a.- —_— _v —,ca, + �m^'. ORO\O ALITICTPAT CnT)F. RYGCLATIONS O',% SOLICITORSaRANSIENT Mb:RCHAxIIS A. Prohibited solicitation Practices. it is cnlaw11 for any nobcitor to: 1. Engage in solicitation for my unlawful b,eirtHs Or organintional purpose or activity, I Practice harassment, mcismee, shah, deceit, m menetdng, waubleso,ne or otherwise unlew'ful activities during the Concise of solieli ian, 3. Enos, or wxaipr m gain mnanca to residential premises displaying at such eotrence a sign with the words "Peddlers and Solicitors prohibited" or "Solicitors Prohibited", a. Refute to lenve business parodies when Mquesrcd by The owner, lessee, or person in charge thereof and'nr. 3. Cause or likely to cause, a nat<c hazard or oiler Ncoroemnce or danger to persons or prop" B. 1, is anisvonrl for any persoe w engage (n contribution solicitation, business .olicnauon or transient merchant Mervin" without completion of Ilcensbyl or reabo-anon. C. Trwsiem rnarehant activities can only be condacmd on cnmmncially Boned pro;eRie•. D. A business seiiciaraion or transient merchant can only be licensed for a maximum of 10 days per year. E A contributors anliNtnier. Ilcens, skill expire 60 d:n's after a;prcca:. ss, r-ra-.mac-�,..w:rc- — _—..as• .�...,.—_—...sc. so—'�> The undcr:igliCd hereby agrc••s to the conditions quoted above from the Orono Municipal Coda and any additi•mu! requirements t?e City swtY go - Sien,turt of Appl:,:::nr OR T7 L'R .ONLY: A crreview o�ppliutbn, na�rtcanmends th<foilowLtj: __App,ovalofapp;nation — rAniac crapplicainn Data.-_-_ _.- --- - SV,us,ure o(h•4a (.!ti<:''. _ __.. _.� --_.-. _...-. - _.—- - - __..— . APR-03-01 es:57 AM FFPIR-MINNEPPOLIS 6/23790877 P.02 1� W,•1bi0m m:7tq Fra+-CIT• OF otaKo .olate.ec�s t•T11 F 007/003 F-3s7 j..l / . 0 ENO �(�' 0 •. Mun{clp 37riP•t1 Pddrass; 10 '''�'.+;:_ apeer aaaresa ttysul la7. •1. �j, tl 1 WnaY P�MweY �i�f��`•'``��ir'� goon. MN 5i356 \f_ OZ% v CTiY uGb! info•m )ou o+aisb ^�A{d. of sublet', of dnt-V a'e, a re ot-, You Oa. Subd• 1 prone or :oq of itn depatrtf cote ma)' e, In xca+danc<a;M rt.S. llA fmmrha Ciry'ol requen for a Dun^ infomr'r ur lknta w lnn. term;" p^•va[r or ma{t"cndnl .rmil or ikons" u C•nvthat ish •.,ill be used to detennuu )t rar t^ "gyp° for thu P• You ve Th. in d ma 7 _ 11+n intonnnUon'I" regwslr.3. , eat ermil or t:=ensc. Yea ma>'rtfusc to tupDlj do", bur retosal �nny rcqu ea thot the City den, D y, 'Inc int:•lmat Wn n+a) be 1he+.'d with odtar lWal, esnte .•+ f drool naencies td the ertanr nacdsnn to poxes.. the perlill or liuo" A If Yon requa51011 Penait Ot I:rensv req'drvs Council a.::ip" t0 nDPra,'c, SVine IntOm+aLon Inal 4e•arae Dublir a, Yet, nn,e ecnaln rights vn+7or \I S. 13.04 to re,ien priearc dnla na )nurw-.Ir. o. Ym:r Full name is mqulrcd h, Process this apPllcrlion or psrmit tart ast L ADD S 'hPuat number - a t� state zip pATk. QF B1R'fHr � _�. ntunr yI day /Year 1 uodentRE"— dson"s.. Tttsirhone (617) 473.t A61 • TAX et•f•O.eta Local Information for Canvassers Lost First Middle D.O.B Address Cola Paw Curtis 6114179 1704 2nd Ave 8 8B4 Mpls John.on Claey Richard 819/73 417 E Belvidere 81, St Paul Johnson John David 3/12174 1081 271h Ave SE,Mpls, MN Mortpoven Kimberly Anne 228/76 6044th Street Mpls 66414 O'Connor Nora Kathleen W29/77 503 Sth Ave SW Roe nester Oleon Matthew M 316178 112C 44th St NE, Buffalo Rowan Patrick Robert e/31n4 4732 2 112 Street NE, Fridley Sweeny Shawn Marts 1/27179 1706 2nd Ave S eB4 Mpls Trinkner Joshua James 6118182 701 SE 6th St, MPLS, MN APR-03-01 10:00 AM FFPIR-MINNEAPOLIS 6123790877 P. 06 T4fo(*� P.J14I„lr l?kt ..«6 n TVY1 n CCW1IMMAQ?N 1350/69'29e'I601 Spring, 2000 MEMORANDUM OF LAW EWitical Canvassing vs Commercial Solicitation The United States Supreme Court has repeatedly held that the First and Fourteenth Amendments to the U.S. Constitution accord door-to-door, non-commercial solicitation a very high degree of protection against governmental restriction. As Justice Hugo Black so eloquently stated in 1943, For centuries it has been common practice in this and other countries for persons not specifically invited to go from home to home and knock on doors or ring door bells to communicate ideas to the occupants or to invite them to political, religious or other kinds of public meetings. ... Freedom to distribute information to every citizen wherever he desires to receive it is so clearly vital to the preservation of a free society that ... it must be fully preserved. Martin v. City oJSirwhers, 319 U.S. 141, 146 (1943). in Schaumburg v. Cldsensjorit Better Ertviranntent, 444 U.S. 620 (1990), the Supreme Court stated, "Prior authorities ... clearly establish that charitable appeals for funds, on the street or door to door, involve a variety of speech interests -- communication of information, the dissemination and propagation of views and ideas, and the advocacy of causes -- that arc within the protection of the First Amendment." Id. at 632. While not ruling out all restrictions on such solicitation, the Supreme Court has mandated that any restrictions, because they impede fundamental constitutional freedoms, must be narrowly tailored The challenged ordinance must r,,m "the test that in the First Amendment area *government may regulate . only with narrow specificity'* Hynes v. Mayor ojOradWl, 425 U.S. 610, 620 (1976) (quoting NAACP Y. Bution, 371 U.S. 415, 433 (1963))..See also Ward v Rack Against Ruvism, 491 U.S. 781. 798 (1989) ("government may no'. regulate expression in such a manner that a substantial portion of the burden on spwr) does not serve to advance its goals"). A consistent theme since the earliest Supreme Court cases addressing the issue of free speech and canvassing has been that political canvassing activities may not be regulated in the same ways that peddling, hawking, soliciting and other commercial activities may be regulated In 1 alentitte v. Chrestensen, 316 U.S. 52 (1942), the Coun rewgnized that while municipalities may not unduly restrict the right or communicating ideas and information, the "Constitution imposes no such restraint on government as respects purely commercial advertising " Id at 54, The Court reasoned that unlike 0PR�03-01 10:01 AM FFPIR-MINNEHPOLIS 6123790877 .07 speech "communicating information and disseminating opinion," commercial advertising implicated only the solicitors' interest in pursuing "a gainful occupation." Id. Moreover, the fact that political canvassers solicit contributions during !ae course of their political speech does not transform that activity into a commercial enterprise. .See Mardork v. Perrnsylvmria, 319 U.S. 105 (1943) (the distribution of handbills was not transferred into an unprotected commercial activity by the solicitation of funds); Cantrell v. Connecticut, 310 U.S. 296 (1940) (soliciting funds involves interests protected by the First Amendment's guarantee of freedom of speech). More recently in Schaumburg, the Supreme Court made its position clear; Soliciting financial support is undoubtedly subject to reasonable regulation, but the latter must be undertaken with due regard for the reality that solicitation is characteristically intertwined with informative and perhaps persuasive speech seeking support for particular causes or for particular views on economic, political or social issues, and for the reality that without solicitation the now of such information and advocacy would likely cease. Canvassers in such contexts are necessarily more than solicitors for money. 444 U.S. at 632, Thus, ordinances which seek to regulate commercial solicitation arc inapplicable to political canvassing, such as that undertaken by the Fund for Public Interest Research, Inc. Even where the ordinance's scope explicitly includes "canvassing," the regulations therein may well be unenforceable with regard to political, advocacy -oriented organizations such as the Fund Tsang Fos: It is beyond dispute that a tax laid specifically on the exercise of one's First Amendment rights is itself unconstitutional Murdock v. Penn5ylvanta, 319 U.S. 105 (1943). As the Supreme Court stated in M rdock, "freedom of speech, freedom of the press. freedom of religion are available to all, not merely to those who can pay their cwn way." Id. at I I I Although municipalities may, under certain circumstances, charge fees to canvassing organizations, these fees must correspond only to legitimate administrative costs, not to consequential expenses. Moreover. the municipality has the burden of demonstrating that the fee it charges is directly related to necessary and reasonable administrative costs. Sce Central Florida Nuclear Freeze Campaign v. Walsh, 774 F2d 1515 (1 Ith Cir 1985) (ordinance which required pre -payment for costs of additional police protection was unconstitutional); Eastern Connectiaa Citizens Action Group v. Powers, 723 F 2d 1050 (2d Cir 1983) (S200 administrative fee imposed on group could not be justified on ground that fee was needed to compensate agency for expenses of processing application or on ground for deterring frivolous requests for use of state property), I erne des v. Limmer. 664 F.2d 619, 633 (5th Cir 1981). cert hi.sinmved, 458 US 1124 (1982) (court invalidated a S6 per day permit fee mt airport solicitation, noting that the airport "did not demonstrate a link betren the fee and the costs of the licensing -� APR-03-01 10:02 AM FFPIR-MINNEAPOLIS 6123790877 P.09 3 process"). Busey v. District of Columbia, 138 F.2d 592 (D.C, Cir. 1943) ($12 per year license fee imposed on solicitation on streetcorners held invalid, as government could not show relationship between fee and administrative costs); Wcndling v. City ojDuluth, 495 F.Supp. 1380 (D. Minn. 1980) (S500 annual licensing fee required of adult bookstores held unconstitutional; the possibility that plaintiffs might later violate the criminal ordinance could not justify a licensing fee beyond administrative costs). Even if administrative costs exactly match the fees imposed, they should not be assigned -- or they should be waivablc -- if the organization is unable to pay them and free speech is at stake. See Murdock, 319 US at 115 ("this [door-to-doorl method can be crushed and closed out by the sheer weight of the toll .. exacted town by town, village by village ... "); Eastern Connecticut Citizens Action Group, 723 F.2d at 1056 (striking the fee where the group's budget was completely allocated to other costs). Thus, the First Amendment should prevail over a municipalitys authority to obtain compensation for administrative expenses when the two interests arc in direct conflict. Where the impact of cumulative fees will be prohibitively expensive when viewed with regard to the number of canvassers needed to cover a community effectively, licensing fees have been struck down. See Murdock, 319 U.S. at 115 ("[i]tinerant evangelists moving throughout a state or from state to slate would feel immediately the cumulative efTed orsuch ordinances"), ISKC(1N v. Leatint, 461 F.Supp. 49 (E. D. La. 1978) (striking down ordinance which required fee of $5 per day, per solicitor); I.SKC'UN Y. Groin, 437 F.Supp. 666 (W.D. Pa. 1977) (striking down ordinance which required fee of$10 per day, per solicitor): Gall v, Lawler, 322 F.Supp. 1223 (E.D. Wis. 1971) (striking down ordinance which required foe of 55 per day, per solicitor) Finacrurintine- The Supreme Court has consistently held that a municipality seeking to maintain its citizens' right of privacy as well as to protect them from fraud and crime, may advance these interests only through means which are narrowly tailored and which do not unnecessarily interfere with First Amendment freedoms For example, in .Schaumburg, the Supreme Court struck down an ordinance which prohibited door-to-door solicitation by charitable organizations which did not use at least 75% of their receipts for "charitable purposes." Although the municipality urged that the 75% requirement was intimately related to substantial governmental interests "in protecting the public from fraud, crime and undue arnoyance," the Court held that the municipality's interests could be better served by measures less intrusive Id at 639. For the same reasons, the practice of requiring political canvassers to submit to fingerprinting in order to obtain petmisslon to canvabs in a particular municipality has been struck down as unconstitutional In National People's Acting v. Villoge r jWilmette, 914 F.2d 1008 (7th Cir 1990). ceri. denied .orb non. 19liage of Wilmette v. National oeOPWI Action, 499 U.S 921 (1991). the Seventh Circuit Court of Appeals invalidated the fingerprinting requirement where the municipality's interest in deterring and preventing APR=03-01 10:03 AM FFPIR-PlINNEAPOLIS 6123790877 P.09 crime could be met by other, less invasive means. See also New Jersey Cilisen Action v. I-Amn Township, 797 F.2d 1250 (3d Cir. 1986), cert. denied sub none. Town of Piscataway v. New, Jersey Cllizen Action, 107 S Ct. 1336 (1957) (provision of ordinances which required that canvassers be fingerprinted violated First Amendment); Grernpeoce U.S.A. v. City ofGlenrhde, 4 Ca1.Rptr.2d 672 (Ue App. Ct. 1992) (ordinance which required solicitors for charitable organization to be fingerprinted was struck down as violative of free speech). In addition to holding a challenged ordinance unconstitutional, the Supreme Court has upheld two separate grounds for the award of damages to an organization whose canvassing rights have been impermissibly infringed upon. Damages have been awarded to compensate the organization for the injury to its First Amendment rights in that it was precluded from recruiting new members, disseminating its views to citizens, or encouraging citizens to support its positions. Furthermore, municipalities have been forced to recompense injured organizations for lost revenues. City of Watseka Y. Illinois PablicAclion Council, 796 F.2d 1547, 1554-8 (7th Cic), ard, 107 S.Ct. 919 (1997). The Fund for Public interest Research hops%ex. npicorg'abou untI the Fund OVERVIEW The Fund is a national, non-profit grassroots advocacy organization. Founded in 1982 to provide professional support for progressive organizations, the Fund has developed into the largest campaign network in the country, with regional campaign offices in over 25 states. From Massachusetts to California, Fund staff do the necessary organizing to combat the influence of the industries undermining, if not blatantly attacking, our health, our environment, and our democracy. FIRED UP? Fired up about the planet, human rights and politics as usual? You're not alone. People are literally sick of breathinq smoggy and otherwise dirty air. But lobbyists for a few big polluters fight to stop the EPA from cleaning up smog -forming exhaust from cars, SUVs and trucks. The American public overwhelmingly supports preserving our natural heritage. But mining interests and developers push legislation that would allow them to bulldoze through one of the nation's last great wilderness areas: the red -rock desert of southern Utah. People are fired from their jobs and even physicai!v attacked just for being perceived as having the "wrong" sexual orientation. But anti -gay catalysts like Jesse Helms and the Christian Coalition oppose non-discrimination policies that would protect the basic civil rights of gays and lesbians. A:nericans want and deserve a responsive, accountable government. But most elected officials listen more closely to dollars than values or voters. In the last presidential election I of 3 a s ]ua l 4 <t T]I The Fund for Public Interest Research hup:• www.ffpir org'aNnn luml year, federal candidates got more than 80% of their campaign cash from wealthy and corporate donors giving more than $100 per candidate. In the year 2000 race, 58% has come from donors giving $1000 or more. Since the candidate who raises the most money wins 94% of the time, there is just too great an advantage to the candidate who favors policies that benefit the rich and the monied special Interests over the interests of the public at large. It's enough to get anyone fired up. But don't just get mad about what's wrong. Get a job where you can work for what's right. We're the Fund for Public Interest Research, and we're hiring smart, motivated college graduates who understand that it's not enough to sit around and talk about social pr,)hlems. W' etc v j ., If you're ready to take on some of the world's worst polluters, or stand up to the extremist views of the far right, we want you to join us. If you're ready to stand up for democracy and basic civil rights, we can get you started and train you in the nitty gritty skills of effective campaign work. Our work is not particularly easy. Every day we go door to door, make phone calls, ask people to write a check, sign a petition, or talk to their legislators. We talk to the press, speak at meetings, and get citizens in to see their local politician or ever. their member of Congress. It's all part of the job - and pal t of the fight to solve the most pressing problems facing our society. If you're ready to work for something that matters from your first day on the job, give us a call, or apply right now for a position with the Fund. t 11"", I 1 Our _65 I aLFty te, !o[2h 1 ,-'u, C3n,oa,un� 2of3 4s:u01 a I AM 'I he I mid 1, Nw Imna,1 Iteamr,h I ,,, m,,,, Ilpn .nu The Fund for Public Interest Research is a national, nonprofit, grass.00ts organizing network working with progressive organizat to solve some of the country's most pressing environmental, cons and government accountability problems. The Fund works with lh Sierr,, 11u7, liw,, r P ght< I Ir-.., rvjn, the `'.!I, PIP(;,., and nume other groups. •RPK-0E-01 09t30 AM FFPIR- """" •-•-^••- MINNERPOL IS Yvd0-1001 93.301 Iron -CITY OF 000h0 6123190877 P. OE 0ee3uaulr T-Tel P.003/001 Mill AI..I. RF.QULSTED WrORNIA'FION MUST BE COMPLETED BEFORE LICENSE %V1V!, BE PROCESSED N 0I MS OF SOLICITORS OR I TUNSIENT MERCHANTS f+rat widdle last Address_— «t Minaesoru Phone Nuntba- _ Date -Birth_ /—i_.—._ maath day S'es alit teiddle Iasi atrvcl nrynnu zip 31hmcsota Driver's License Number— Phone Number- _- _ Date or Dirth —,.—. /—_._-/—,_ tnanth day yea Full Namefirst middle twiddle list Addrecs_ W.get clrynste v.p hlinnesotaDriver'&License Nuu:ber_ Phone Number _—.-- —. — —_ Date of Dirth munch day yea Full Katlic -- drat muddle last Address ---- — --- _. .----- — — -- IIRe[ rlp Phone, Nrmher _ _ ._. — _.._ _ Date ul Binh=. `L !M mena say ,er TO: Police Department .. FROM: Lin Vee, City Clerk DATE: April 5, 2001 Y�-o SUBJECT: Solicitor Permit for Infinity Adv Inc. - Anthony Scott Lawler, Representative Attached is an application from Anthony Lawler to solicit in Orono. Included is the full name, address, date of birth and driver's license number of each person who will be soliciting in Orono. They will be selling movie theater tickets/popcorn promotions for the Muller Family Theaters. Please complete a background check on each solicitor and rctum to me. Thanks for your help. Memo To: Ciy Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Jason Randall Cox. Driver's License: This check is based on the time as given by the person to the department of motor vehicles and to the city. There is a valid Minnesota driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. *It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City require applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed fur the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement age-cies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Jesus Daniel Delrio. Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a valid Minnesota driver's license for the time given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. 'It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the Pity by the applicant including references, former addresses, fingerprints, and motor vehicle : owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from S900- S 1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City require applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Christopher Lyon Foss. Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a valid Minnesota driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. *It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center. NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be Incated in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city cur tract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City require applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perforra background investigations on individuals who wish to solicit. The police department does rot have the resources to identify and background these individuals at the current time, and 1 an not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the time Matthew Thomas Gilbertson. Driver's License: This check is based on the time as given by the person to the department of motor vehicles and to the city. There is a valid Wisconsin driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. An out of state address has not been verified. QDP: TI t a record check of local f:lcs based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The time given is clear warrants and has no active OFPs filed. *It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, fomicr addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City require applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and 1 am not comfortable approving these applications based on this process unless the cowrcil has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Daniel Laurence Kritsberg Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a valid Minnesota driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local tiles based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. 'It is important to note The above record checks do not constitute a :horough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to to this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, formtr addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The ci'.y contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) fhe City require applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and 1 am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief StepSany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Ryan Patrick Cody. Driver's License: This check is based on the home as given by the person to the department of motor vehicles and to the city. There is a valid Minnesota driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota i lane Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. *It is important to note The above record ^hecks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the reso aces available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the DCA sex offender registration file or the gang file located at the Ramsey County Sheriff's Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person ha> had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Oronc police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City require applicants to obtain certified record checks from the BCA and present them with thew application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Shane Forrest Petersen. Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a valid Minnesota driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. •It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This near be done at 1246 University Ave. St. Paul and can be done by the applicant at histhe• caf-r..e. 1 We hao -..,, ,.narked the BCA sex offender registration file or the gang file located at the Ramsey Cowry Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City require applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient menus to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current tine, and 1 am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Jon -Michael Pietrek Gwinne6. Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a valid Minnesota driver's license for the name given. The person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The name given is clear warrants and has no active OFPs filed. 'It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough background process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City require applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and 1 am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. TO: Police Department FROM: Lin Vee, City Clerk DATE: April 5, 2001 YVI SUBJECT: Solicitor Permit for Infinity Adv Inc. - Anthony Scott Lawler, Representative Attached is an application from Anthony Lawler to solicit in Orono. Included is the full name, address, date of birth and drivers license number of each person who will be soliciting in Orono. They will be selling movie theater tickets/popcorn promotions for the Muller Family Theaters. Please complete a background check on each solicitor and return to me. Thanks for your help. W-01-1001 02:500 Free -CITY OF ORONO a1O221/dill 7-107 P 002/004 F-205 APPLICATION FOR SOLICITATION OR TRANSIENT MERCHANT LICENSE S20.00 CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 Check One: Business Solicitation Contribution Solicitation_ Transient Merchant_ T 1c- e 1--�l�x/� x.. V. y _ d-{ 81 . 17-00 Phone: fast Organization: y Y— `T ��,. -'60 �++ "c-*Ze51 s's+n SS11-7 Address: (/J'C-S�—' r.�x/ airy/state zip ,/� ` street f2- r�,,TcV�S.GT�svl Sco4�-s L�O..n...3�4!' Phone: bTs NE1-720-0 Representative:, Qj) C " C. # ZO 1 L..'Att Cn w Cjca- YKvs sT) I Address: WAS N� street city/stale zip e Number of Persons Nrho Will Be Soliciting Within City, PROVIDE NAMES OF SOLICITORSrTRANSIENT MERCHANTS ON BACK OF THIS APPLICATION. FULL NAME (FIRST, MIDDLE AND LAST), ADDRESS, MINNESOTA DRIVER'S LICENSE NUMBER, PHONE NUMBER AND DATE OF BIRTH (MONTH, DAY AND YEAR) Type of Product to be solicited: It % i"riz F4"+ F Ly TA E AME E Tnnsient Merchant's Location: 11 C I -V%,V%n ee Attach letter from property owner giving authorization " ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS/TRANSIENT MERCHANTS A. Prohibned solicitation Practices. his unlawful for Dray solicitor ro: 1. Engage in solicitation for any unlawful business or organizational purpose or Activity. 2 Practice batvsment, nuisance, theft, desert, or menacing, troublesome or otherwise unlawful Activities during the course of solicitation. i. Enccr, or attempt m gain entrance, to residential premises displaying At such entrance A sign with the words "Peddlers and Solicitors Prohibited" or "Solicitors Kohdined", a. Refuse to leave business premises when requested by the owner, lessee, or person in charge thereof anNer, 5. Cause or likely to cause, a traffic hazard or other inconvenience or danger to persons or property B. It is unlawful for any person to engage in contribution solicitation, business solicitation or transient merrham activities without completion of licensing or registration. C Traverser merchant Activities can only be conducted on commercially zoned propenics. D. A business solicialaion or namient merchant". only be licensed for A maximum of 10 days per year E A contribution solicitation license shall expire 60 days after approval 'fhe undersigned hereby agrees to the conditions quoted Above from the Orono Municipal Code and any additional requirements the City staff may have /1 Signature of Applicant _� i�ifL\ nave O/ Approval of application Denial of application Dare. Signature of Police Chief ovnl'LVTIYIGINI ALSKCCMCNZ between: COIMANI'/EMPLOYER STREETADDRESS CI IY, SIATE. ZIP - SALESPERSON(EMPLOYEE SINEEl AO1MEa5 -- OR SIAIE, ZIP SWMLSECURIIYNUMDEft THIS AGREEMENT sets forth the terms of employment between NO AUTHORITY TO BIND THE COMPANY: Employee has no the above -named Company/Employer and the above -named Salesperson/Employee. aulhnrity, either express or implied. to obligate the Company or its Suppliers in any manner whatsoever, either verbally or In COMMISSION: The Company is engaged IIIthe business of writing. promoting and selling consumer products (tangible or Intangible) TERMINATION OF EMPLOYMENT: The parties acknowledge or services for various suppliers. Employee will sell soon products or services and will be paid an a and agree that Employee is an ALwilLemplpyea.oL1DC Company. commission only basis according to the attached Commission Schedule. hluthing in this Agreement gives Employee the right to be employed by the Company for any specified duration of time. Copy oliAgreeme if and Commission Schedule received. Company or Employee may terminate the employment relationship at any time, without prior notice and without incurring X_ (Employee Inflial here.) any liability for any claim, except to the exterl of the amounts which may be due and Payette to Employee pursuant to this Emp'nvee is exempt from minimum wage and overtime Agreement. Further, Company may terminate Employee's employment for any or no reason with or wilhoul the use of requirements under federal and sidle laws. No commission Is progressive discipline. payable fur a transaction which is canceled or for which the cuslamer fails to make payment. Employer may amend the Commissions will be deemed 'earned' when the cmmnanv --,11 n oareuare nom time to utne without prior nclice to Ilia Employee but no amendment shall be retroactive. EMPLOYEE'S OBLIGATION s: Employee agrees to: Conduct and regulate his/her activities and work heuris in such a way as to maintain and increase Ilia goodv.ill and reputation of the Company and it, Suppliers; use forms approved and provided by the Company lot all transactions; disclose fully the details of all sales activities and transactions to the Company; at the and of each day deliver all money and documents received in connection with any transaction of the Company or its Suppliers; abide by all federal, state Intl local laws, regulations and ordinances and all written rules, guidelines, and codes ul ethics now in force or subsequently adopted by the Company; return to the Company all samples, identihwlian tags, and marketing materials provided by it Immediately upon request; if or, rating a vehicle in the course of employment, mainlain a vurrent drivers license and carry liability Insurance satisfactory to the Company. Company reserves the right to demand tram Employee evidence of a current driver's license and N Employee uses or makes available I motor vehicle, evidence of liability Insurance Satisfactory to the Company on which Company shall be named Its an additional insured. receives payment for ilia sale. Upon termination of employmen• Employee shall be entitled to receive payment for all commissions e-smed up to and including the Iasi day of work. At termination, E.nployea is responsible for returning all items belonging to Company, and Company has the right to retain all or any portion of monies due to Employee as reimbursement for any items not returned by Employee that are Company's property. Company will mail to Employee any sales commissions earned within thirty (30) days after Employee's last day of work. APPLICABILITY: This Agreement shall lake effect immediately upon signing and shall constitute the entire agreement between Employer and Employee with respect to the Employee's sales and compensation from that date. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof shall continue to be fully effective. Company reserves the right, barn time to time, to amend, modify and change or terminate the policies contained In this Agreement, in whole or in pan, without the consent of of prior notice to the Employee. SIONEOO! BEIULi a iNE CO.IPANY SICKED 9'f EMPLOYEE X OSTRIIUIE SIGNEo DOCUl4'M Rk W INNIS Olfp(a) Caw, Erse,(c) dw.Campany reswwd W. Apt-01-2001 02:510 Fro -CITY OF 000NO -0522404616 T-007 P 004/004 F-205 CITY of ORONO Municipal Olnces ft"I A16tssic 2750 Kelley Pan-sy Great, MN 55356 DATA PRIVACY ADVISORY Mooing A6drsm: P.0 got 66 Crystal gay. MN 553230066 In accordance with M.S. 13.04, Solid. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply dam, but refusal may reqntre that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to do extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. S. You have certain rights under M,S. 13.04 to review private data on yourself 6. Your full time is required to process this application or permit. Brsf middle 0(0 VJa� Ccm Jill i rl C Sri le Zo1 ADDRESS: home mum e1. street city ( state DATE OF BIRTH: S J IS month/ day / year sip PHONE: (oSi-Y81-7�� 65-1-44%) -e(DS7 I understand my ri ills as stated above. -- y/3t - sigm ure date Teleplulne(9522494600 • FM(962)2494616 v nw.ei.ormo.mn.ve THIS AGREEMENT sets forth the terms Of employment between the above -named CompanylEmployer and the above named SalespelsoneEmployee. COMMISSION: The Company is engaged kl the business of Protecting and selling consumer products (tangible or Intangible) or services for valious suppliers. Employee will sell sue, Omducls or services and will be paid on a crinvoission only basig according to the attached Commission Schedule. Copy of Agreemenf and Commission Schedule received. X_ (Employee In hof here.) Employee is exempt from minimum wage and Overtime requirements under federal and stale laws. No commission Is Payable lot a transaction which is canceled or for which the customer fails to make payment. Employer may amend the Commission Schedule from lime to time without prior notice to the Employee but no amendment shall be retroactive. EMPLOYEE'S OBLIGATION s: Employueagrees to: • Conduct and regulate leslher Octivities and work habils in such a way as to maintain and umreuse the goodwill and reputation of the Company and its Suppliers; • use forms approved and provided by the Company for all transactions; • disclose fully Ilia details of all sates activities and transactions to the Company; • at the antl of each day deliver all money and documents received in connection with any Iransaclion of the Company Of its Suppliers; • abide by all federal, stale antl local laws, regulations and ordinances and all written rules, guidelines, and codes of ethics now In force or subsequently adopted by Ilia Company; • return to the Company all samples, idenlificalkin tags, and marketing materials provided by it immediately upon request; • if operating a vehicle m the course of employment, maintain a current driver's license and carry liability insurance satisfactory to the Company. Company reserves the right to demand from Employee evidence A a current dMei s license and N Employee uses or makes available a motor vehcle, evldenco of liability insurance satisfactory to the Company on which Company shall be named is an additional Insured. NO AUTHORITY TO BIND THE COMPANY: Employee has no authority, either express or implied. to obligate the Company or its Suppliers In any manner whatsoever, either verbally or in writing, TERMINATION OF EMPLOYMENT: The parties acknowledge and agree that Employee is as AuwiMemployOa_Of Ind Company. Nothing in this Agreement gives Employee the right 10 be employed by the Company lot ary specified duration of time. Company or Employee may terminate me employment releionship at any lime, without prior notice and without Incurring any liability for any claim, except to the extent of the amounts which may be due and payable to Employee pursuant to this Agreement. Further, Company may terminate Employee's employment for any or no reason with or without the use of progressive discipline. Commissions will be deemed 'earned' when the company receives payment for the sale. Upon termination of employmen Employee shall be entitled 10 receive payment for ail commissions earned up to and including the last day of work. AI termination, Employee is responsible for returning all items belonging to Company, and Company has the right to retain all or any podion of monies due to Employee as reimbursement for any items not returned by Employee that are Company's Property. Company WIN mail to Employee any sales commissions earned within thirty (30) days after Employee's last day of work. APPLICABILITY: This Agreemenf shall lake effect immediately upon signing and shall constitute the entire agreement between Employer and Employee with respect to the Employee's sales and compensation from that dale. If any provision of this Agreement shall be held by a could of competent jurisdiction to be Invalid or unen.orceable, the remaining provisions hereof shal continue to be fully effective. Company reserves the right, from lime 10 time. to amend, modify and change or terminate the Policies contained In this Agreement, in whole or in pan, without the consent of or prior notice to the Employee. GSTN TE SIGNED DOCUMENT To:(sl wria, M. ID) CnnwyEn,terr s) M Cmparry penemd ex Aa-03-2901 02:50m fra.-cITr Or ORM a1622414611 T-107 v 003/00e P-Bs ALL REQUESTED INFORMATION MUST BE COMPLETED BEFORE LICENSE WILL BE PROCESSED NAMES OF SOLICITORS -r1OR TRANSIEN :.IERCBANTS Full Name MO Ir'1o""e'3 first middle /J last Address W 60 s 1 stibsg street eny/state rip Minnesota Driver's License Number WX - HIL55TM730 Phone Number (boa) 7Q$ -33zo Date of Binh I / 3 / N month day year Full Name first middle last saran V / city/ntt e2 1U1 C� tip1' Minnesota Driver's, License Number r ' Phone Number (, " 4 516 --1610 . Date of Birth G1 / 3O / £iD month day year Full Name Cilir'syca4r^ last Address %32 14-11 eve S 7. V. Pa✓l pity 5 S07� ,,reel city/slate rip Minnesota Driver's License Number Phone Number XW- 30G-lMZ e _ Date of Birth / / ?G / 7Z month day year Full Name first middle last Address //,2190 IA Qt`%dA S.1— /VGA 55//7 154-02b 1 ainfl eiry9pte rip Minnesota Driver's License �fNumber G- a 00 - 3 7 3 - 7 � D - 3 A4 Phone Number s 04(a . V;, Dale of Birth S / Z; month ivy year PLEASE ATTACH ADDITIONAL PAGES 1F NEEDED -INCLUDE ALL THE ABOVE INFORMATION THIS AGREEMENT sets forth the terms of employment belween NO AUTHORITY TO BIND THE COMPANY: Employee has no the above named Company/Employer and the above -named aulltonly, either express or implied. Salespeto obligate the Company or moNEmployee. its Suppliers In any manner whatsoever, either verbally or in COMMISSION: The Company is engaged in the business of Promoting and selling consumer Products (tangiLie or inlangd-y) or servicas for various suppliers. Empioyno will ,If sucn Products or services and will be paid on a commission only basis according to 11.e attached Commission Schedule, Copy of Agreement and Commission Sshpolde received. X_ (Employee lnlflat here.) Employee Is exempt from minimum wage and overtime requirements under federal and slate laws. No conmMssion is Payable for a transaction which is canceled or for which the customer fails to make payment. Employer may amend Iho Cuntmisslon Schedule from time to time without prior notice to the Employee but no amendment shall be retroactive. EMPLOYEE'S OBLIGATION.,: Employeeagmeslo Conduct and regulate his/her activities arel work habits In such a way as to maintain and increase the goodwill and reputation of the Company and its Suppliers; use limits approved and provided by the Company for all transactions; disclose fully the details of all sales activities and bansacttmis to the Company; at the and of each day deliver all money and documents received in connection with any transaction of the Company or its Suppliers; abide by as federal, slate and local laws, regulations and ordinances and an written rules, guidelines, and codes of ethics now in force or subsequenlly adopted by 01e Company; return to the Company all samples, identification tags, and marketing materials provided by it immediately upon request; Of operating a vehicle in the course of employment, maintain a current drivers license and carry liability insurance satisfactory to the Company. Company reserves the right Io demand from Employee evidence of a current driver', license and it Employee uses or make, available a molar vehicle, evidence of liability insurance satisfactory to the Company on which Compare; shall be named 33 an additional insured. waling. TERMINATION OF EMPLOYMENT: The parties acknowledge and agree that Employee Is anahwigemplayeagLlbe Company. Hnlhmg In Ibis Agreement gives Employee the fight to be employed by the Company for any specified duration of kme. Company or Employee may terminate the employment relationship at any time. without prior notice and without Incurring any Iiabilily for any claim, except to the extent of the amounts which may be due and payable to Employee pursuant to this Agreement. Further, Company may terminate Employee's employment for any or no reason with or without the use of Progressive discipline. Commissions will be deemed 'earned' when the company receives payment for the sale. Upon termination of employmen Employee shall be entitled to receive payment for all commissions earned up to and including Iho Iasi day of work. At termination, Employee is responsible for returning all items belonging to Company, and Company has the right to retain ail or any portion of monies due to Employee as reimbursement for any items not returned by Employee Thal are Company's property. Company will mail to Employee any sales commissions earned within Ihiny (00) days alter Employee's last day of work. APPLICABILITY: This Agreement shall lake effect immediately upon signing and shall constitute the entire agreement between Employer and Employee with respect to the Employee's sales and campensalion from that date. If any provision of this Agreement shall be held by a court of competent junsdklicn to be kwalid or unenforceable, the remaining provisions hereof Shall continue to be fully effective. Company reserves the night. from time to lime, to amend, modify and change or terminate the policies contained In this Agreement, in whole or In part, wihout the consent of or prior notice Io the Employee. DISTRIBUTE SIGNED DOCDIIEM To:(a) wiiis Oaks (b) t;ar q ElllO"(c) Pka, ulpe,ypxsowwl Be T-er P 001/004 F-110 ALL REQUESTED INFORMATION MIST BE COMPLETED BEFORE LICENSE WILL BE PROCESSED NAMES OF SOLICITORS OR TRANSIENT MERCHANTS Fuli Name )fSWk AAdi FL i-L s first middle last Address _;? 30 cct-1cot�o _ _ST,bh% - _._ _. S51 0 i arreel my'vate sip Minnesota Driver's License Number • 4tno • 403 • 13S' Ia9 A Pbooe Number CaTk Ant"L81s'8 Date of Birth _9 / Ge, l BD month day yew Full Name fi st middle last Addres+_ /a9fn Wha,� P�h Dr- 5hr,i-Wl&0- 14AI 551,2� .g MCI city/sme zip C-3oo -75 s-Ob-74 � Minnesota Driver's License Number _ Phone Number Y/y1' G7,'51 Date of Binh oq /,Z0 %q month day year Full Name_ first mWit: last Address 79110 6AamKo- MF 14— SS-Y?, vtree, eity'sute zip .���e —7-71 —J N%mesota Di it er's License Number lt ' 19- 17- 7- rhone Number 66A $s��-�38L-� Date;fBinb 03 / /2 /'7& month day you Full Name tom- ,i,� If• ell, e,)../ midrile last '� •� Address( �`�V _.AWciA.+- �2 (i ��rY10,�q —1 �-7)6 strew cityrstate zip 13s- 6?Lt -,.Sala Niionc.ota Driver's License Number NumberSS I I Date of Birth e5 c 1 A�/ 1-boat -6Z-d-IZ- month day year PLEASE ATTACH ADDITIONAL PAGES IF NEEDED- INCLUDE ALL THE ABOVE MFOAMATION Aw-02.2001 021sOw. Frn-CITY OF OAOeO .1522411611 MOT F 001/004 F-215 Q City of Orono 2750 Kelley Porkwtry P.O. Box 66 Crystal Bay, AN 55323 (952) 249.4600 Fax: (952) 249.4616 FAX TRANSMISSION COVER SHEET Date: To: FM Be: Sender: YOUSHOULD RECE/AG( IF YOU DO NO2'RECE ALL THE PAGES, G THIS COVER SHEET: PLEASE CALL (952) 249-4600. _ _ OR THIS AGREEMENT sets forth the terms of employment between NO AUTHORITY TO BIND THE COMPANY: Employee has no the above -named Company/Employer and the above -named authority. either express or Implied, to obligate the Company or Salesp •^.^NEmployee. its Suppliers In any manner whatsoever, either verbally or in writinn COMMISSION: The Company is engaged In The business of pfamoling and selling consumer products (tangible or Intangible) or services for various suppliers. Employee will sell such products or services and will be paid an a commission only bsi0 according to Ilia attached Commission Schedule. Copy o/Agreement and Commission Schedule received. (Employee Initial here.) Employee is exempt from minimum wage and overtime requirements under federal and slate laws. No commission is poyablo for a transaction which is canceled or for which Ilia customer (ails to make payment. Employer may amend Ilia Commission Schedule Tram time to Time without prior notice to ilia Employee but no amendment shell be retroactive. EMPLOYEE'S OBLIGATION -.a: Employee agrees to: • Conduct and regulate his/her acivitins m:d work haWts In such a way as to maintain and increase the goodwill and reputation of Ilia Company and its Suppliers; • use forms approved and provided by the Company for all transactions; • disclose fully the details of all gales activities and transacfiau to Ilia Company; • at the end of each day deliver all money and Documents received in connection with any transaction of the Company or Its Suppliers; • abide by as federal, slate and local laws, regulations and ordinances and as written rules, guidelines, and codes of ethics now in Telco or subsequenlly adopted by the Company; • return to the Company all samples, identification lags, and marketing materials provided by it Immediately upon request; • it operating a vehicle In the course of employment, maintain a current drivers license and carry liability Insurance satisfactory to the Company. Company reserves the right to demand from Employee evidance of a current diller's license fired if Employee uses or makes available a molar vehicle, evidence of liability Insurance satisfactory to the Company on which Company shall be named as an additional insured. TERMINATION OF EMPLOYMENT: The parties acknowledge and agree Iha( Employee is an fil felLemployee of ilia Company. Nothing In this Agreement gives Employee the right to be employed by the Company for any specified duration of time Company or Employee may terminate the employment relationship at any time. without prior notice and without Incurring any liability for any claim, except to the extent cl the amounts which may be due and payable to Employee pursuant to this Agreem, ni. Further, Company may terminate Employee's employment for any or no reason with or without the use of progressive discipline. Commissions will be deemed 'earned' when the company receives payment for ilia sale. Upon termination of employmer Employee shall be entitled to receive payment for all :ommissions earned up to and Including the last day of work. AI termination, Employee is responsible for returning all items beanging to Company, and Company has the fight to retain all or any portion of monies due to Employee as reimbursement for any items not returned by Employee that are Company's property. Company will mail to Employee any sales commissions earned within thirty (30) days after Employee's last day of work. APPLICABILITY: This Agreement shall take effect Immediately upon signing and shall constitute the entire agreement between Employer and Employee with respect to Iho Employee's sales and compensation from that dale. If any provision of Ihls Agreement shall be held by a court of competent jurisdiction to be uivalld or unenforceable, the remaining provisions hereof shall continue to be fully effective. Company reserves the right, (lulu time to time, to amend, modify and change or terminate the policies contained In INS Agreement, in whole or in part, without the consent of or prior notice to the Employee. DATE DISTAMIE SIGNEDO UKN110:(a)slkke0acs(p)Cayyy.Fnpbyssly I'W.Cmgnyseaaslel W. TO: Police Department FROM: Lin Vee, City Clerk pdr DATE: April 5, 2001 SUBJECT: Solicitor Permit for Edward Jones - Shannon M. Taggert, Representative Attached is an application from Shannon Taggert to solicit in Orono. Included is his full name, address, date of birth and drivers license number. He will be the only person soliciting per this application. Please complete a background check and return to me. Thanks for your help. Memo To: City Clerk - Orono From: Chief Stephany Good Date: 4/19/0 Subject: Solicitors Permits Our office recently received a request to approve a solicitor permit The record checks provided to you include the following information on the name Shannon M. Taggart: Driver's License: This check is based on the name as given by the person to the department of motor vehicles and to the city. There is a driver's license for the time given and it is currently valid, however the person has not been identified by photo or prints by anyone in this office. QDP: This is a record check of local files based on the Minnesota Name Index which shows current outstanding warrants and orders for protection. The time given is clear warrants and has no active OFPs filed. *It is important to note The above record checks do not constitute a thorough background investigation on the applicant. A more thorough backgn,._td process is necessary to ensure the safety of the community and the police department does not have the resources available to do this. For example: We have not identified the applicant through the FBI National Crime Information Center- NCIC or secured record checks from other states. (Fingerprints must be submitted to the BCA for this check. This may be done at 1246 University Ave. St. Paul and can be done by the applicant at his/her expense.) We have not checked the BCA sex offender registration file or the gang file located at the Ramsey County Sheriffs Office. We have not determined misdemeanor charges or conviction data. This information could be located in any jurisdiction in which the person has had some association. It is currently not automated through state records. Should you determine that more complete background information is needed to process solicitors permits, it is my recommendation that (1) More data is provided to the city by the applicant including references, former addresses, fingerprints, and motor vehicles owned and used by the applicant. And, (2) The city contract with a licensed private investigator to perform a more thorough background check. (Costs associated per background investigation range from $900- $1500+). Or, (3) Orono police officers receive training in conducting background checks and the police administration adjusts the officer's schedule or the city pays for officer hours on an overtime basis. In many cities, the cost for the background investigation is included in the license application fee. Or, (4) The City requires applicants to obtain certified record checks from the BCA and present them with their application. An integrated criminal justice system is being designed for the state of Minnesota, but is not currently available. Until the time that this system is available to local law enforcement agencies, there is no expedient means to perform background investigations on individuals who wish to solicit. The police department does not have the resources to identify and background these individuals at the current time, and I am not comfortable approving these applications based on this process unless the council has weighed the risks associated with having unidentified persons canvassing private property. TO: Police Department p� FROM: Lin Vee, City Clerk 7 DATE: April 5, 2001 SUBJECT: Solicitor Permit for Edward Jones - Shannon M. Taggert, Representative Attached is an application from Shannon Taggert to solicit in Orono. Included is his full name, address, date of birth and drivers license number. He will be the only person soliciting per this application. Please complete a background check and return to me. Thanks for your help. APPLICATION FOR SOLICITATION OR TRANSIENT MERCHANT LICENSE $20.00 CITY OF ORONO 2750 KELLEY PARKWAY, P.O. BOX 66 CRYSTAL BAY, MN 55323 Check One: Business Solicitation �_ Contribution Solicitation Transient Merchant Organization: e t (Lt i(kr1J�et,:.r., Phone: Address:— J!F/0 /vt, 91A :M ///I sheet —� city/state zip Representative: St A%YLOaI Phone: T' Address: Jr/() IV .rysC% Acc IndsA///I SSy05 street cityfstaifi zip Number of Persons Who Will Be Soliciting Within City: 1 J� I,, rybo-() PROVIDE NAMES OF SOLICI•FORS/FRANSIENT MERCHANTS ON BACK OF THIS APPLICATION. FULL NAME (FIRST, MIDDLE AND LAST), ADDRESS, MINNESOTA DRIVER'S LICENSE NUMBER, PHONE NUMBER AND DATE OF BIRTH (MONTH, DAY AND YEAR) Type of Product to be solicited: 4itVP444c4 fi 77ASetrA nGc Transient Merchant's Location: •• Attach letter from property owner giving authorization •• ORONO MUNICIPAL CODE REGULATIONS ON SOLICITORS/FRANSIENT MERCHANTS A. Prohibited solicitation Practices. It is unlawful for any solicitor to: I. Engage in solicitation for any unlawful business or organizational purpose or activity, 2. Practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation, 3. Enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words "Peddlers and Solicitors Prohibited" or "Soliciton Prohibited", 4. Refuse to leave business premises when requested by the owner, lessee, or person in charge thereof a::dlor, 5. Cause or likely to cause, a traffic hazard or other in onvenience or danger to persons or property. B. It is unlawful for any person to engage in contribution solicitation, business solicitation or transient merchant activities without completion of licensing or registration. C. Transient merchant activities can only be conducted on commercially zoned properties. D. A business soliciaaaion or transient merchant can only be licensed for a maximum of 10 days per year. E. A contribution solicitation license shall expire 60 days after approval. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional requirements the Citys,D��t sttgff�� -may have. Signature of Applicant: �Udlt L, ly11l �t t / Date: �y FORCITYUSEONLY: After review of application, staff recommends the folio, ing'. Approval of application Denial of application Date: Signature of Police Chief: Full Name ALL REQUESTED INFORMATION MUST BE COMPLETED BEFORE LICENSE WILL BE PROCESSED NAMES OF SOLICITORS OR TRANSIENT MERCHANTS first middle Address 75/V /U•d.N)^tK I'lUl)ami-t street city/state zip Minnesota Driver's License Number .96 3 —/6 (ce, S '112 Phone Number "�� � C�yy Date of Birth 6 / 6/ l month day year Full first Addroaa street Minnesota Driver's License Number Phone Number Full Name Address _ street Minnesota Driver's License Number Phone Number middle city/state zip last Date of Birth month day year first middle last city/state zip Date of Birth month day yea ;Address ull Na first middle last street city/state zip Minnesota Driver's License Number Phone Number Date of Birth I / month day year PLEASE ATTACH ADDITIONAL PAGES IF NEEDED • INCLUDE ALL THE ABOVE INFORMATION CITY OF ORONO / I 04n7iptg11A Page check register Chock Pay Check Check Nw !'mployao Noma Period Amount Data Cheek Status 049a6t void e $000 tnelol vole N9062 JOHNSON, MARY ANN a $790.47 4/1111 Outstanding 049053 DODGE, RACHEL M. a $897.35 VIII101 Outstanding 049W LESKINEN, DENISE M. a $245.98 4/1al0l Outstanding 049D85 MOORSE, RONALD J. a $1.789.28 4/18101 Outstanding 049056 VEE, LINDA S. a $1.270.14 4/18101 Outstanding 049087 KUEHN, THOMAS M. a S1,096.50 4118101 Outstanding 049088 OLSON, RONALD J. a $36.32 4/19/0' Outstanding 049089 PETTIT. SANDRA K. 6 $464,90 4/18101 Outstanding 049070 ANDERSON, BRUCE L. a $6111 W18MI Outstanding 13,19071 BvLIZIEN, SUE A. 8 $725.82 WIWI Outstanding N9072 BORIS, SCOTTW. 8 31.021.06 W1a/01 Outstanding 049073 BUDIO, STACIE M. a 5704d1 V18/01 Outstanding NN74 CARLSON, MICHAEL B. 8 $237.30 W15/01 Outstanding NW75 CORNICK, JAMESL. 8 $1,253.32 VIS101 Outstanding NBW6 DEMSOUSKI, JAY C. a $1.413.56 WiaAll Outstanding 049077 ERICKSON, KURT R a $1,266.23 4/16g1 Outstanding N9078 FARNIOK, CORREY L. a $1,624.70 4118101 Outstanding 049079 FISCHENICH, DAN T. a $1.325.65 WIS101 Outstanding 049080 FISCHER, CHRISTOPHER K. 8 $1.289.77 4/18101 Outstanding D49081 GOOD, STEPHANY R. 8 $2,001.18 4118MI Outstanding 049082 JOHNSON. BRADLEY P. a S1,260.87 WIaml Outstanding 049053 JOHNSON. JEFFREY 8 $961 4/18MI Outstanding 049084 MADISON. ADRIENNE M. 8 $509.17 Wl S/Ol Outstanding 041 MCNALLY, STEVEN A. 8 $1218.46 W18/01 Outstanding 049088 MCNICHOLS, DAVID L. 8 $550.40 W1a/010Wtanding 041*87 MOROWCZYNSKI, JAMES a $1,597.42 018101 Outstanding 049088 PERSELL, WILLIAM R. a $193.81 4/19A01 Outstanding 049089 SCHOENHOFF. JOHN B. a $1.520.66 4/1arot Outstanding 049090 TOMCHECK, LAWRENCE F. 9 5300.85 4/1&01 Outstanding N9091 TOMCZYR, MARK W. 8 $1,279.94 With Outstanding 049092 NATTKE. ANTHONY A. 8 $1,211.41 Wiwi Outstanding 049093 HENDRICKS. RONALD J. 8 $787.78 4I1MI Outstanding 0A9094 LEE. JOSEPH P. a 92W.62 411aro10utstanding 049095 BOLTERMAN, MATTHEW A. a $917.64 WIMI Outstanding 049M BOTTENBERG, WENDY C. a $1,00856 WIMI Outstanding N9097 DAVIS. MARC L. a $1,211 61 W11Ml1 Outstanding 049098 GAFFRON, MICHAEL P. a $1,279.61 4/18/01 Outstanding D4909g GAPPA, GREGORY A. a $1,64/.28 4110101 Outstanding 0491DO MEYER. WILLIAM C. a $525,76 4118/010,4ssnding 049101 OMAN, LYLE E. 8 SI40.19 4/18101 Outstanding 049102 WEINBERGER, PAUL E a $1.29915 WIWI Outstanding 049103 BRINKHAUS, JOHN F. a $1.231.92 WIMI Outstanding 049IN DEBAERE, DONALD L 8 $928,00 Wtarot Outstanding 049105 GREGORY. JAMESD 6 SW 29 WIWI Outstanding rat,....,, a4cc71N3 APR 2 3 2000 Out T yr UHUNU CITY OF ORONO 64/17101 9.11 AM Page 2 check register Check Pay Chock Check Number Employee Name Period Amount Data Check Status 0491D8 HANSEN, STEVEN 8 S1,053.25 41IN01 Outstanding 049107 OBERAIGNER, SCOTT G. 8 $93106 4n81O' Outstanding 049108 OBRIEN, RANDY L. 8 8341.47 41IM1 Outstanding U9109 PALMER. GREGORY A. 8 $789.92 4118101 Outstanding 049110 RATHBUN, BARRY J. 8 $98066 4119101 Outstanding 049111 SNREEN, DALE S. 8 $1,004,73 4118101 Outstanding 049112 STEFFENHAGEN, RONALD 8 $1.270.89 4r18101 Outstanding S49.214.63 FILTER: ((year-'2001' and [pay period] in (8))) and [pay group] in ('01') CITY OF ORONO WeEeeaEay, April 18.2001 Check Summary Register Page oft Name Check Date Check Amt 10100 Primary Cash Pak Chka 071023 CITY COUNTY CREDIT UNION 4118101 $7,894.00 Pak ChkB 071024 FIRST NATIONAL BANK OF LAKES 4/18101 $18.473,23 Pak ChM1071025 ICMA RETIREMENT TRUST -457 4/18101 $300.00 Pak Chita 071028 LAW ENFORCMENT LABOR SERVICE 4118MI $462,00 Pak r" 071027 MN DEPT OF REVENUE 4118101 $3,688,62 Pak Chid 071028 ORCHARD TRUST CO. TRUSTEE/CUST 4/ia/Ot 31,898.68 Pak Chid 071028 PESSCO/OSRA 41IS/D1 $000 Pak Chlatd 071030 PEBSCCIUS CONF OF MAYORS 4118101 $2,317.00 Paid Chita 071031 PUBLIC EMPLOYEES RETIREMENT 4/18/01 $10,722.33 Pak Chid 071032 UNITED WAY NiaAl1 $24.00 Pak Chk8 071033 -.ASCONSIN SCTF 4AW01 $184.62 TOMI Checks $45,665AS CITY OF ORONO Friday, April 20. 2001 Check Summary Register Page Iof2 Name Check rate Check Amt 10100 Primary Cash Pad ChM 071034 ALL STAR ELECTRIC 4/232001 $4,490,81 Pad ChM 071035 APACHE GROUP 4232001 $558,49 Paid Chide 071038 SCAITRAINING 8 DEVELOPMENT 4232001 8300.00 Pad ChM 071037 BUDIG, STACIE 4232001 $38,99 Pad ChM 071038 CARGILL SALT 4232001 $2,097.50 Pad ChM 071039 CATCO PARTS 8 SERVICE 4/232001 6186 85 Pad ChM 071040 CITY OF MINNETONKA BEACH 4232001 896.00 Pad ChM 071041 CITY OF WAYZATA 4232001 Et 419.59 Pad ChM 071042 CRAGUN'S RESORT AND CONF CENTR 410232001 $219,00 Pad ChM 071043 CROWN MARKING INC. 42V2001 $21.17 Pad ChM 0710" CYS UNIFORMS 4232001 $499,28 Pad ChM 071045 DCA - WIRE ONLY 4232001 $890.60 Pad ChM 071046 DELTA DENTAL 4272001 $1.200.75 Pad ChM 071047 DEPUTY REGISTRAR 4232001 $8-50 Pad ChM 071048 DOSO'S 423@001 $89.86 Pad ChM 071049 DOCUCOMM 4232001 61.61IT72 Pad ChM 071050 DOWNTOWNER DETAIL CENTER 4232001 $106.96 Pad ChM 071051 ENGELKE MACHINE, INC 4232001 $120 O Paid ChM 071052 FORTIS BENEFITS 4232001 $887,51 Pad ChM 071053 G & K SERVICES 4232001 $121,04 Paid ChM 071064 GENUINE PARTS CO. 4272001 $450.60 Pad ChM 071055 Vold 4232001 $0.00 Pad ChM 0710% VOW 423/2001 $0.00 Pad ChM 071057 GOVERNMENT TRAINING SERVICE 4232001 $199.00 Pad ChM 071058 GREGORY. JAMES 4232001 $38.64 Pad ChM 071059 H 6 L MESABI 4232001 $209,95 Pad ChM 071050 HENNEPIN CO-OP SEED EXCHANGE 4232001 $20,85 Pad ChM 071061 HENNEPIN COUNTY INFOR TECH DPT 4232W1 96141 Pad ChM 071062 HENNEPIN COUNTY TR-PROP TAXES V232001 $5.185.77 Pad ChM 071063 HENNEPIN COUNTY TR-TAX PYR SRV 4232001 682.16 Pad ChM 071054 JABBOUR, GABRIEL 423f2001 SMI.21 Pad ChM 071005 KUSTOM SIGNALS INC 4232001 $25500 Past ChM 071066 LANGE'S BODY SHOP 4231'1001 $420.71 Pad CW 071087 LMCIT 4232001 $3.599.00 Pad ChM 071068 LOGIS 4232001 51,194.00 Pad ChM 071009 MASUNE COMPANY 4232001 8208.30 Pad ChM 071070 MEDICA 423200/ $11,341.16 Paid ChM 071071 Vod 4232001 80.00 Paid Chide 071072 MET COUNCIL ENVIRONMENTAL SVCS 4232001 $18,40487 Pad ChM 071073 a1GCSA 4232001 $95,00 Pad ChM 071074 MN CENTER FOR CRIME VICTIM SRV 4212001 $55.00 Paid ChM 071075 MN DEPT OF HEALTH 4232i $1,107,00 Pad ChM 071076 MN DEPT OF REVENUE 423*001 S44.00 Pad ChM 071077 MN STATE TREASURER 4234001 $3.604 70 Paid ChM 071078 NATIONAL AUTOMATIC SPRINKLER 42Y2001 $250.00 Paid ChM 071072 NATL TACTICAL OFFCIERS ASSOC 4232001 $35700 Paid ChM 071080 NAVARRE HARDWARE 42320C 9294.21 Pad ChM 071081 Void 42121X, $000 Paid ChM 071002 OBERAIGNER, SCOTT 4232001 310000 Pad ChM 071083 OBRIEN. RANDY 42YW01 $5790 CITY OF ORONO Friday, April 20, 2001 Check Summary Register Page 2 of 2 Name Check Date Check Amt Paid ChM 071064 OFFICE DEPOT 4232001 $942 53 Paid ChM 071055 Vold 4232001 $0.00 Paid ChM 071056 OLSON, RON 4232001 $26.57 Paid ChM 071087 OMAN, LYLE 4/232001 $103.14 Paid ChM 071088 PALMER. GREG 4232001 810932 Paid ChM 071089 PERSONNEL DECISIONS 4232001 912,548.91 Paid Chid 071090 PRUDENTIAL LIFE INSURANCE 4232001 $567.80 Paid Chid 071091 REEDVENDING 4232001 $17370 Paid Chid 071092 SCIIARSER B SONS 42312001 Wlerr Paid Chid 071093 SIGNS OF THE SEASON 4232001 $18.11 Paid ChM 071094 SPEEDWAY SUPERAMERICA LLC 4 232001 $40.59 Paid ChM 071095 STANTON GROUP 41232001 $17275 Paid ChM 071096 STATE OF Mn2NESOTA - BCA 4230001 $51000 Paid ChM 071097 SURVIVALINK 4M=001 $71.31 Paid ChM 071098 TOLL GAS 8 WELDING SUPPLY 42312001 $6,05 Paid ChM 0710" TRACY TRIPP FUELS 4232001 $1,914.95 Paid ChM 011100 UNIFORMS UNLIMITED 4232001 9572.86 Paid ChM 071101 UNIV OF MINNESOTA 4232001 SI70.00 Paid ChM 071102 VILLAGE CHEVROLET 42=001 $353.54 Paid ChM 071103 VANTERNHEIMER, AUSSA 4/232001 S155.00 Paid ChM 071104 YOUNG, JACKIE 4232001 $440.00 Total Cheeks $88.464.63 INFORMATION ITEMS COUNCIL MEETING APR 2 3 OF cj, v �UHON0 6124719160 CITY OF SPRING PFW zI b4;L�', PARC PARK 0#�4*#etwto M.... —, ","ING APR 2 �x 2000 0111 yr unurvu Meror April 19, 2001 Jerome P. Rockvam 471.9515 Board of Director. eouncllmemihen lake Minnetonka Conservation District Joanna E. Widmer 18338 Minnetonka Boulevard 471-9429 DIMhaven, MN 55391-3232 Thomas J. Scanlon A71 Ioco storm t8 Re: Proposed Fuel Delivery From Lake Service Boat 471 71- 65i5 Jeff Hoffman Dear LMCD Board Members, 471-1270 The City of Spring Park, through our Rep. Craig Nelson and review of your Admmlwetor minutes and agenda items, has noticed an application before the Board seeking Sill W"6 A71.9051 approval for an "on lake" fuel delivery service. Please note herewith the City of Spring Park strongly opposes an activity such as this on Lake Minnetonka. Fuel which is stored and/or dispensed from any nigh volume storage tanks which are not at permanent and fixed locations by definition would create very dangerous conditions. As you know, fire departments would have great difficulty at best responding to any emergency at private docks as well as on the lake. Distances from hydrants which are at the streets as well as equipment access is very limited. Basic public safety alone without even addressing concerns for possible leaks, potential property and environmental damage, storage and security when not in use etc. would strongly indicate denial of this proposal and we would urge the Board to do so. William D. Weeks,tor/Cler-'/!�i� \ NTreasur it cc: Spring Park City Council Craig Nelson, LMCD Rep. Greg Pederson, Mound Fire Chief Clty of 0a1iag Park 4349WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 • (952) 471-9051 • Fa :(9S21471.9 160