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HomeMy WebLinkAbout04-12-2004 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 12,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items arc considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item'* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet ROLL CALL CONSENT AGENDA 1. Approve/Amend MCpTIfJQ APR 1 2 2004 CITY OF CHCN'O 2. Orono Baseball Association Request for Expanded Use of Bederwood Park APPROVAL OF MINUTES * 3. Regular Council Meeting of March 22, 2004 PARK COMMISSION COMMENTS - Pat Wolfe, Representative PLANNING COMMISSION COMMENTS - Roland Jurgens. Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) 5. ZONING ADMINISTRATOR'S REPORT 4. #04-2974 Reliance Development Corp., Hwy 12 / Willow Drive (Outlot A, Stonebay) - Comprehensive Plan Amendment - Text Draft #04-2982 Lyle and Claryce Johnson, 1398 Rest Point Road - AAer-thc-Fact Variance - Resolution #04-2984 McCarthy Construction, 2745 Kelley Parieway - PUD Agreement and Resolution #04-2989 Christopher Diesen, 1100 Townlinc Road - Preliminary Plat Approval - Resolution #04-2992 Ron Potas, 2190 Shadywood Road - Variance - Resolution #04-2995 Jyland Homes, 1070 West Femdale Road - Variance - Resolution 10. #04-2996 Jyland Homes, 1070 West Femdale Road - Street Vacation - Resolution 11. Joint Use Dock Licenses 6. 7. 8. 9. MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 12. Accept Quotation for Park Mowing Services CITY ADMINISTRATOR'S REPORT 13. Liquor License Application for Paul Ode - Resolution 14. Appointment of Planning Commission Chair and V ice Chairfs) 15. Reappointment of Parks, Open Space and Trails Commission Member 16. Request Approval to Purchase 2004 Squad Cars 17. Request Approval to Advertise, Test, and Hire Part Time Police Officer 18. Approval to Dispose of Unclaimed Property 19. Long Lake Fire Department Budget 20. Study Regarding Development Standards Hiring of Seasonal Staff for the Orono Golf Coune21. J AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 12,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY ’S REPORT 22. LICENSES Kennel Licenses Liquor License Special Event Permits Tobacco License * 23. BILLS UPCOMING ISSUES AND EVENTS 2m 04/12 - Council Meeting, 7:00 p.m. 04/15 - Highway 12 Informational Meeting, 7:00 p.m., Orono High School Auditorium 04/19 - Planning Commission Meeting, 6:00 p.m. (Council Liaison -Jim Murphy) 04/21 - Local Board of Appeal and Equalization, Wednesday, 7:00 p.m. 04/26 - Council Meeting, 7:00 p.m. 05/01 - Spring Cleanup Day, Saturday, 8:00 a.m. - 2:00 p.m. 05'03 - Park Commission Meeting, 7:15 p.m. (Council Liaison-Jim White) 05/05 - Planning Commission Work Session, Wednesday, 5:30 p.m. 05/06 - Council Work Session, Thursday, 5:30 p.m. 05/08 - Spring Cleanup Day - Construction Debris Only, Saturday, 8:00 a.m. - 2:00 p.m. 05/10 - Council Meeting, 7:00 p.m. 05/17 - Plaiming Commission Meeting, 6:00 p.m. (Council Liaison - Mayor Peterson) 05/24 - Council Meeting, 7:00 p.m. 05/31 - HOLIDAY, Observance of Memorial Day Public Attendance Meeting D ate ~ C ^ C ouncil □ Planning C ommission □ Park C ommission □ Other Please filloutthe information requested BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER o i' ivK.klo . icjv\ Pic/ \p____Ll ^ ~ftvvSii U n ✓N ^ I iV .'Aw 3» ttdE Ty.Cc’ /t • \If&lf Dti _ 11. , I 5. y / /^aJC (. ^ /yy\ iVeUt C-, />y-. if ^<>Yl(7 i4i / / 6.Qyc,^ £^*^wtyj/ 8.^‘'l»*/u . /\ .A/ijy Oil 2 1 ^ C'«* I U-I i'r U/ (''• k ^ IH v Vf' f K/*'.C'r. yXj-', hj ^ , K i 0^ t V .o V ^ .V-v, 1 I- C-^w^ 2 ^ \5( 3~ 'L!cb f '-tc C) 12. 13.. 14.. 15. WAAMlriWiil** tnfpBffirormiTPaBfc 4Hen4aBei •pd n - --------.-■■*>» -A !'■ REQIT.ST FOR COUNCIL ACTION rniiMrii mpetinG APR 1 2 2004 DATE: April 12...QITJogJORCX-O ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Services Director’s Report Item Description: Request From Orono Baseball Association for Expanded Use of Bederwood Park Introduction We have received a request from the Orono Baseball Association (OBA) to expand it’s use of the baseball field at Bederwood Park from two evenings per week to five e\enings per week and on Saturday after 8:00 a m. The attached letter from Tom Palmquist, OBA treasurer, details their request. Mr. Palmquist also presented OBA’s request to the Park Commission at their March 1" meeting, and the minutes from this Park Commission meeting are attached .for your review. In order to put this request into context, a brief histoiy' of the development of this park is provided below. A meeting notification was sent to the 20 residents closest to Bederwood Park informing them that the Council w'ould be considering OBA’s request at the April 12'*’ Council meeting and that both written and oral comments would be considered by the Council. Hbtory of Bederw ood Park Development and Use by the Orono Baseball Association The 8.8 acre Bederwood Park parcel was purchased by the Cit\’ from the Larson family in 1974 for $22,000. There do not appear to be any restrictions on the development of this park, based on the purchase information in the City files. One of the park system needs, when this property was purchased, was ballfields and tennis courts. This land w as valuable because of its larger size and the lack of recreational facilities in this area of the City. At this time, the Orono School District ballfields were already being used to their full capacity. The 1 /3 acre property at the southeast comer of Bederw ood Park, on which the parking lot is located, is the site of the old Stubbs Bay Dairy. I he date that this parcel of tax forfeit land was acquired by the City is unknown. A project to use surplus fill from a sewer project to construct a balllleld in Bederwood Park was completed in 1975. In 1979, there were discussions with the Orono Baseball Association (OBA), about construction of a Babe Ruth size baseball field in Bederwood Park, but this project was never completed becau.se of a lack of funding. Page 1 of 2 i In 1990, the OBA received a Little League Charter, and the association needed a regulation size Little L'lague field. The OBA then funded about $20,000 worth of improvements to the existing Bederwood Park ballfield which inch ’•‘d fencing the entire ball diamond, construction of dugouts and a concession stand, installing portable bleachers and a scoreboard, and upgrading the field surface. The OBA then obtained a commitment, for exclusive use of the ballfield on Monday through Thursday evenings. In 1992, the use of the field on Monday through 1 hursday evenings was reconfirmed. When the OBA completed the Bederwood Park improvements in 1990, the long range plan was to construct a new ballfield on the school district property, and then reduce the frequency of use at Bederwood Park. After completion of the new Lee Carlson ballfield complex in 1994, the usage of the Bederwood Park field by the OBA was reduced to two nights per week and has remained at tliis level since then. COUNCIL ACTION REQUESTED: Motion regarding the appropriate level of use of the Bederwood Park baseball field by the Orono Baseball Association Page 2 of 2 I 1 Thomas P. Palmquist 6155 Stone Q)urt Maple Plain, MN 55359 Home: (763) 479-3262 CeUulan (612) 360-3354 tpmpoliiujuisjfi'iyajicomp.aniKxoiD April 8,2004 Mr. Greg Gappa Community ^rvices Director City of Orono * ^ PO Box 66 Orono, MN 55323-0066 RE: REQUEST BY ORONO BASEBALL ASSOCIATION - EXPANDED USE OF BEDERWOOD FIELD Dear Greg: i am writing to you on behalf of the Orono Baseball Association (“OBA”) and our request for expanded use by OBA of the Bedcrwood Fields. OBA is currentl>’ limited in our use of this field to no more than tw’o (2) days per week. As requested, the Bederwood F'ield would be used up to sue (6) days per week. On Monday through Friday, the hours of use would be between 5:00 p.m. to sunset. On Saturdays, use of the field would not occur before 8:X a.m. 'Fhe period of time OBA w'ould require the use of the field would commence April 10, and the season would finish on or about JuK' 15*, essential!)', a three month season. As you know, I appeared before the Orono Park Commission and they voted 6 in favor and 1 against to allow use of the field up to six (6) days per week, as requested by OBA. I assume this recommendation has been passed along to the Qty Council. As 1 presented to the Orono Park Commission, OBA is making this request due to the limited availability of play-ing facilities, the increased number of participants and the success of our program. The ^derivocxl Field is desperately needed for additional practices and scheduling of games. 'iTie quality of the Little League experience is being constrained due to a lack of facilities which limits an adequate number of practices to develop player skill levels, and the competition of game settmgs. As you may know, OBA has contributed in excess of $325,000 of its own money for the construction of a new baseball field on Orono School District owned property, adjacent to the Lee Carlson ball fields. VX'hile this new ball field was much needed and will better serve the needs of 12 - 14 year old players, there is still a need for additional fields for younger players in the Coach/Pitch and Pitching Machine levels. The Bederwood Field is ideally suited for this level of ability. As an asi le, pursuant to an agreement with Cit)’ Staff, OBA has agreed to upgrade certain elements of the Bederwcxxl Field using OBA funds. Specifically, OBA will construct a new pitchers mound, including pitching rubber, add new bases and home plate, and place / 2 Mr. Greg Gappa April 8,2004 Page 2 2 additional ag-lime on the infield areas. The value of these improvements is in excess of $1,000.00. Weather permitting, this work is scheduled for April 10'^ and 17', with all labor and material being furnished by OBA. The Orono Baseball Association appreciates its longstanding relationship with and support of the School Distria, City and the Community. OBA is hopeful that our request will be granted, and the Bederwood Field would be put to better use and enjoyed by a ^eater number of Orono residents. I will be available at the April 12’’’ City Council meeting to address any comments that the City Council, staff or residents may have. I look for^'ard to seeing you then. Sincerely, Thomas P. Palmquist OBA Treasurer !/i Dick and Amelia Kroeger 6S Stubbs Bay Road Maple Plain MN 55359 952-476-6126 email: ackroeger@aol.com or dickemail@aol.com I 29 March 2004 To: Greg Gappa for the Council From: Dick and Amelia Kroeger Re: Orono Baseball Association at Bederwood Park We cannot attend the presentation and meeting on Monday April 12*. We absolutely support increased use of the baseball field at Bederwood Park by the Orono Baseball Association. Our only concern would be increased litter. We recommend that the entire park and parking lot be delittered following each game. I It is wonderful to see Bedei^'ood and other city parks being used to the fullest, yet all users should be encouraged to clean up after themselves. Additional trash barrels might be placed to help encourage proper disposal and the Association should be encouraged to continue collecting beverage cans for recycling at the concession stand. Very truly yours. Dick and Amelia Kroeger Dick and Amelia Kroeger 65 Stubbs Bay Road Maple Plain MN 55359 952-476-6126 email: ackroeger@aol.com or dickemaiI@aol.com I 29 March 2004 To: Greg Gappa for the Council From: Dick and Amelia Kroeger Re: Orono Baseball Association at Bederwood Park We cannot attend the presentation and meeting on Monday April 12'*'. We absolutely support increased use of the baseball field at Bederwood Park by the Orono Baseball Association. Our only concern would be increased litter. We recommend that the entire park and parking lot be delittered follouing each game. It is wonderful to see Bederwood and other city parks being used to the fullest, yet all users should be encouraged to clean up after themselves. Additional trash barrels might be placed to help encourage proper disposal and the Association should be encouraged to continue collecting beverage cans for recycling at the concession stand. Very truly yours, Dick and Amelia Kroeger Date: June 17, 197« To: Orono City CourTPTT' ' Fro.ti: Orono Park Comission fARk Subject: Park Land Acquisition Parcel 5900 Plot 41440 The purpose of this letter is to submit for your consideration the proposal that the City of Orono acquire the above parcel of land fo»’ use as a village park. Presented herein are discuss'ons of the following aspects of the proposed acquisition: - Description - Financial Consideration - Potential Uses - Park Planning Status Description The proposed park is a 8.72 acre undeveloped area located on Stubb's Bay Road in the northwest corner of its intersection with the Luce Line Trail system. A plot map of the property is enclosed with this proposal. The park is mostly open field sloping to the northwest with a wooded area and ravine in the northwest corner. An undeveloped fresh water spring is located in the southeast corner. Adjoining the southeast corner of the park is a y/edge of land on which an old dairy building stood. The "dairy" property is tax delinquent and stands to be acquiree by Hennepin County eventually. We plan to coordinate the use of the wedee of land as a rest park for Luce ♦ Line users. Adjoining the park to the west is a heavily wooded undeveloped area which we intend to investigate in the future as additional park area. The park is currently owned and controlled jointly by several members of the Larson family. Fi£3nci^al^ CpjnsidcratJ^on We have reached an agreement with the present owners of the property on both the price and method of payment which we believe to be equitable. We can readily handle the acquisition in the resources of the city's park and recreation budget. "•‘V >•44 1 •1 A ^ 'I > - ^ - Th& aqreercr.t is as rollo'.?: "otal Pr-cc: S2?.GC0 S 9.0C0 Dc.-.'n 513,303 in three oayrents over a three-year period 1st Year - 54,333 - interest on '13,0GC = 55,373 2nd Year - 54,333 3". on 55,567 = S5.n25.35 3rd Year - $4,334 + C:; or, $4,334 * i4,*EC Total Cost = S?2,'J0C ^ S2,C53.03 interest » S24,C83.C3 The seller agrees to pay the 1973 taxes (d-.-e in 19'4); v/e would scssiMy have to pay the 1974 taxes in 1975 and 1975 taxes in 1976. These wov'.i be expected to be similar to the 1573 tax level of S265.0S, a relatively small amount and well within our capability. We received an appraisal f'^on f^r. rartin ’.••’alsh, Village Assesso**. on the fair value of the property. This appraisal is attached. As you will see, .'■ir. Walsn's actraised value of S?,50C/acre and cur agreed price of $2,522.9A/acre ar«"- essentially the seme and we believe, a fair value for both parties. The rrscurces to handle the acquisit’on ere as follows; Fees dedicated to park acquisition Residual rck funds similarly dedicated IncooTiitted 1974 acouis'tion funds (aoprox.) 5 4.CS3.5C 9,700.00 5,000.CO TCT:l $13,753.50 As you can see, the 1974 down payment and the first year's paymar.t can be readily handled with dedicated fu^'ds. 'We can therefore centi^u'" to plan to meet all normal obligations fer 1974 and 1975 within our regular operating budget. The 1976 and 1977 pa.vmerts, P'*esuming our capital expenditure buccet item remained at its current $10,GC*C year, is obviously within our canability. We would also expect that additional fees dedicated to acquisition will be paid in to the budget and may be used. Pctentiel 'jses .As \e have proviously stated, we recco’-ire the prir-ary objective of the Oronc Par*; CcT'missicn tc be acouisiticn of a suitable park land within the city for future cevelocrnsr.:. We further recognize the need for a reascnably definitive plan fc- tne City of Oronc. for parks, ircludinq number, size, location and use. Tr;si' •i-' Cii;.,!' 7\l Vy«v/7 .. ,;<v. f 4' ■ t ]b Via"4. ( * ■’.*‘ x jl* mi'4 I—^ j ^ , ti' - 3 - acquire are still available. IS? SXplSn'^'u IS tSSrSiSSIl 'rSSlSr*Slod1II SSpSuSuI? n'lSS'uIet?'' the following anticipated purposes: ^ one of thf TOSt Important park i^„H‘“SnS''-Sn??S’?oS"r?S°''to include a baseball diamond, a softball diamond and ,en.i, which would serve as a facility for the entire city. This area that we would like to acquire is f for those needs including parking area. Border.ng on .he Lu Trail a ’so nakes it desirab ’e. j.IS?kTuirSe^?SlSIt;Sl?iU?lSo'luSrSSnliSriI?.-i ’^di:?ISVanISSb fro-n adjoining horr.es not to he a nuisance. Th“re is no recreational area v/ithin a radius of more ti.a -^2 milco. the nearest is the Orono ?chools;whcse ^?cilit<es are ove'eaxed^c sumer with a long waiting nst .or openm.,3. the only one available at the present time m all o. Oror. larg. enough and suitable for park and recreauicn. Pa “k_Pl_anr,i_r2 Status_ We feel that a brief report cn our actions to create an Orono Ci w.v Park Plan should be reviewed in this recommendation. •n ord«r to conserve our resources for the acquisition cf Park property, we have soucht assistance from local °f°!''J“J'°'’He’[I,;?®Jece1ved Sc?;rc?S?I?l1n"M 'JellrJ’i-I/wlirbe their recommended tasks in our June 197^ meeting. It 1s ar. understandir, ‘>'f ‘ IlrJrwo Cit? siaff? In that 1"Cr- 5. ??e “’U’Ct ?n and collation of data pertinent ir he°'c . «■ y ;t? U P 1 !on and density and current park system. This data, with already created cu1del ‘nes f"V?? “?!'5|ule°?r ™d«r° Counen end D'JR, should unable us to create tie pian at little .r noots. overall :ost. r.•S'• :Vll i::'T >% ♦ *.4 1. i rr V; t' y a r.» I i 1 I i I t i y.'^ ' V. 'i^' ■/••’■ •■ t;** i: • -f *». *•-W * *yt«;T'' « '' 2 i 1 ;1 -t '4 - -•<«»- —•»•>'.< •• . — • —»J —. .'j* .<V.'j^^«5.-.r;;. /.v >2 jg li <■ ■r I •*• *’.i:i. 0) * u*. ' * * * r* » !•. •! I 0 !Mii.t .;i!.»./. vrw r .'f M * . ;»».1*«.F'JRC:-i/'.S?5 AGREEMENT Xinnc- spoils c..gy * U.I.OW -B j/»r • Cc*.*fr,r*r.rn- f*\ •» I C<rr J'JS K - But** • fUr*{pl £ » r i * M»nn.. 19 •. <• r.i( K!Vi !; or lilt turn u( City of Orcr.o rive HuncroJ (5 500.00 ) dollars 25 cjrf’fsf rnoniy .inj n p.in p.iymtnc for :h? p.;-ch.‘»*r r f prcpertr it • *. (.*%h r» . jit — Sti.*r *A ....................... sit'-?ted in die Cu'jti:) of . . ---- Hennepin.............................. I cf M nr.tior?. and icgjjl) ciciC:ib<.d r: fc:Ic*a'5, rn wit - %ym *x all of which p’opirry the unvltrMy;ncJ hai thit day sold :c :hc buyer for the 5jm of: T;*.*enty Two Thousand vhith fhf btyt: aprus :p pay m the fcli'/wir^ r^anne:: £arn«: n'oney hc'trn paid 5 500.CO j.nJ$ 3500.00 ,c:sh,cr:Or Siout (f 22^c:c.r.0p, Sept... L c5 dex::^^ Of of deed between sellers and buyer ir. ir.stcllrcats Stfjj^.OO p«r year pius interest at the rate of eicht percent (3*3) Interest shc*.l ran frc2 due and payable on Saptcrfcer _ e on September If 1576, *.aiar.ee of prrnc-pal and interest shall bs due and payable i.n full cn Seprer.ber 1, 1977. Parents shall be creditccl first to' interest and t.ne remainder to principle. c- anc 5jbi^f: If’ ,-K"'cfTrjrr<r by trr buycf the vh’rr tc'r« »u c»r. wfo arj jcii%e» a (to bo t*' by i* jo% ; ?*«: t-tlr tn jai^ lubrf' ar»»f .•. 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I* If ilu Mlic.'t Jirtn: m.Vi* rtru r »u> n » r ^ m hjuocTt* ccnvi rnioc thf brccun: c4 mJ m^r taxes %!i> S \'ijll l*c jtwioat ihi i’f.tjx-v. nt i i f'»- ‘*j’. •»* purihAir V 111 f %o\i ijntk i‘uf ,• jm.jfi titiu.t »*»i:uf’,* : .‘ir\ n'lo »•? *Kr pfupT'Ti j«J to fTrscac ii! pcoofu’rfCTCTt^ fuUt.l hirnn in.l .ii| .K f,, the .vi. f o* j •• %n n v!iie M MI K \V.^K.R.^.^T^ .ALL APPLIANCES. 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RESOLUTION ADOPTED ORONO PARK COMMISSION SEPTEMBER 20, 1993 The Orono Park Commission supports the plan of the Orono Baseball Association ("OBA”) to develop playing fields on the Orono School campus. The Park Commission recommends that the City Council appropriate $20,000 from the Park Dedication Fund to assist OBA in its construction project, the total cost of which is estimated at approximately $94,000. The Orono Park Commission favors OBA entering into a direct con^ctual relationship with the Orono School District rather than utilizing the City as an intermediary. This would emphasize the community-wide involvement in the OBA program, which is comprised only 42% of youths from the City of Orono. Nevertheless, if the School Board insists that the City be the contracting part, the Park Commission is willing to supervise OBA’s usage of the playing fields. Once the new playing fields on the school property arc constructed. OBA’s usage of the Bederwood field should be limited to two evenings per week. K I J r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11,1993 3 ROLL The Council met oiulJl^bove date with the following members presenrJd^or Edward Callahan, Councilmembers J. DianS^etten. Charles Kelley. JoEllen Hurr and^nel Jabbour. The fol owing represented staff: City Adm^strator Ron Moorse, Building & Zojjiirg Administrator Jeanne Mabusth, City Attorney Kevin Staunton af^Recorder Marva Hurst. Ma^Callahan called the meeting to order at 7:30 p.m. («1) CONSENT Kelley added items #6. «11. Mayor Callahaj^d^dBli^tems ^15, #22. It moved by Goetten, seconded by Hurr, to approve the ConsenJ^fgenda asaij^ded. Ayes 5, Nays 0. Motions for all items adopted Agenda will be inSi^^ in the minutes in their respective numerical order. (*2) APPROVAL OI [TES It was movcd^i^^oetten, seconded by Hun, to approve the minutes of the S^l^^ber 27, 199j Council meeting. Ayes 5, PARK COMMISSION COMMENTS Item #18, Park Commission Recommendation regarding the Provision of Ball Fields on School District Property was included for discussion at this time. Randy Bosma and Steve Carlson from OBA were present. Bosma handed out some information and gave a brief description of what was included. Kelley asked about OBA’s proposal for Bederwood if the woric won’t be completed until July. Bosma stated that OBA would need Bederwood through the end of 1994, at which time they hope to have the new fields up and running for use through 1995. OBA would then revert to using Bederwo^ 2 nights per week. Kelley asked about the total cost of Bederwood Park to OB.A. Bosma stated that it was S29.000. Approximately $8,200 was spent repairing a drainage problem. Hurr asked about the ownership of the improvements. Bosma stated that OBA was to install the improvements at their cost and at the time of moving the program, OBA could move the improvements or leave them inuct. The Park Commission rwommended that the improvements be left intact OBA prefers to leave the improvements intact. Hurr asked how much children from non-participating cities would pay. Bosma stated that these children would pay a sur-charge. J 1 ^nxilTFS OF THE REGULAR ORONO COUNCIL MEETING HELD OCTOBER 11, 1993 PARK COMMISSION COMMENTS CONT. Park Commission Chair Flint was present and commented on the OBA proposal stating that the three objectives are as follows: 1. 2. J. Operation of an excellent program, Fulfillment of promises to residents that it would be a non-pemianent program. That the project is compatible to the overall Park Plan. It was moved by Jabbour, seconded by Kelley, to recommend approval of Park Commission recommendation regarding the provision of ball fields on school district property to be used by OBA Uvo nights per week and approves the expenditure of S20.000 to acquire the equipment. Ayes 4, Nays 1. Mayor Callahan voted nay stating he feels it is undesirable to spend public money for a private organization and that if the School Board declined to be involved there may be reason to look at the proposal more carefiilly and that there is a concern that the Hockey Association may make a similar proposal in the futui («) CABLE COMMls\ON CO.MMENTS Jim Daniels was present. Mr. Daniels gave a brief prcsentkpn of the budget for the Cable^mmission stating that it is similar to the previous year’s budget with^w exception of two addition^council meetings scheduled. It was moved by Hurt, seconded by C^^an, to approve the 1^4 Budget for the Cable Commission. Ayes 5, Nays 0. lents fron# the Planning Commission. PLANNING COMMISSION COMMEi Dale Lindquist was present. There were no coi PUBLIC COMMENTS There were no comments from the public. ZONING ADMINISTRATORS REPORT (#4) #1850 JAMES SPINNER, 940 NORTH AI^ DRIVX^ARIANCES It was moved by Kelley, seconded by Goetten toyable the applicOT^n for Variance until Mr. Spinner could be present. Ayes 5, Nays 0. f#5) #1854 TROY ANDERSON, 1490 LON* LAKE BOULEVi resolution #3337 - VARIANCES - Mr. Anderson was present. Mabusth explained that applicant is scekin/side and rear setback variances for\gar^e addiuon to be installed on the north side of the resideno^ Applicant will be installing additionll plantings to minimize visual impact. The septic syst^ wi I need to be relocated and installed Hurr asked if primary and alternate s^c sites are required. MINUTES OF THE CITY OF ORONO PARKS, OPEN SPACES, AND TRAILS COMMISSION MEETING 7;15 o’clock p.rn. (#4) ORONO BASEBALL ASSOCIATION ?5tr r IH improvcmeMsto the fields at Bederwood, including new bases, pitcher mound, and ag fine in the sorine Palmquist asked the Park Commission to consider OBA’s request for additional usage of Bederwood by younger age groups and make-up games, and forward his request to the City PAGE 1 MINUTES OF THE CITY OF ORONO PARKS. OPEN SPACES. AND TRAILS COMMISSION MEETLN'G Monday. March I. 2004 7:15 o’clock p.m. ft H Council for review. While she was unfamiliar with the circumstances surrounding the history of Bederwood. Silber stated that when she joined the Park Commission, she was told that the neighborhood vehemently opposed expanded use of those fields. Chair McDermott explained that, when he joined the Park Commission, OBA was using Bederwood facilities, although Bederw'ood was donated to the City as a neighborhood park. He pointed out that in the comp plan ‘neighborhood parks’ must meet cenain entena, including the fact that organized use is limited to two nights per week. McDermott stated that he believed the l>ee Carlson facilities w'ere built with this notion in mind. Halvorson pointed out that there is a very nice baseball field at Bederwood. She indicated that when her son was young and played baseball at Bederwood, they felt it was a wonderful little league facility. Since the time that use of the facility was restricted. Ilalvorson«ii«iiBt?*'that the neighbors have made little use of the field. Icofr} i \ Silber asked how the comp plan might impact the request for additional use. Chair McDennott stated that the comp plan would have to be amended, via a public process, to change the classification of the park. Pcsek questioned what impact use of the ball park would have on neighbors, since the closest neighbors are quite a distance away from the paik itself. Chair McDermott pointed out that, originally, the neighbors felt the use of the ball field 5-6 nights a week w as excessive and left little or no time for neighbors and youths to use the fields. Palmquist indicated that the typical start time for OBA activities would be about 6 PM; therefore, allowing time after school for the pick-up games neighbors were refemng to. In addition, he indicated that the kids using the field for pick-up games would be encouraged to join the organization. He stated that OBA would like to use the facilities more than 2 nights per week, ideally 5-6 nights, noting the field would be used pnmarily for practices and youths. He maintained that few homes would be affected by the noise and pointed out that the lack of lit facilities would limit the hours of use. Palmquist upheld the fact that there is a shortage of available facilities in Orono, and pointed out that Bederwood seems to be an underutilized resource, which due to the lack of use and care, is in need of the improvements OB.A would perform. Silber asked whether OBA representatives would be willing to make their case to the City Council if the Paik Commission were to recommend the Council hold a public process. Palmquist indicated that OBA would welcome the opportunity to plead their case to Council. PAGE 2 I MINUTES OF THE CITY OF ORONO PARKS, OPEN SPACES, AND TRAILS COMMISSION MEETING Monday, March 1, 2004 7; 15 o’clock p.m. Halvorson indicated that she had a strong opinion regarding this request. She maintained that Bedcrwood is a public park, which should be available for use by Orono residents. She staled that it is a shame that no one uses this neat facility, though it was built with dugouts and bleachers for this use. Pesek concurred, stating that it would be crazy not to recommend the City Council hold a public meeting over Bederwood’s use. Silber agreed, adding that Bedcrwood has adequate parking to support the use. She mentioned that, in her opinion, ‘a well used park is a well loved park ’. Chair McDermott was reluctant to take a position. Halvorson moved to allow use of the Bederwood field bv OB A. Rice questioned whether limitations should be placed on the use or whether it should be up for grabs Monday-Friday. He asked if the proposed improvements would be permanent. Palmquist stated that OBA would likely request use of the facilities Monday-Friday 5:30-8:30 P.M., and Saturdays until 6 P.M. at the outset. Silber suggested the motion be amended to make the recommendation subject to public consideration. Pesek maintained that Bederwood is a park within Orono which should be used. He stated that he was astounded that anyone would object to a request for usage. In conclusion, Pesek indicated that he would encourage this use and the improvements offered to be paid for by the organization. Chair McDermott stated that, ty|>ically, Orono has not provided facihties for organized sports ii Halvorson repeated her motion to recommend to the City Council that the City allow the Orono Baseball Association use of the Bederwood baseball fleld. In addition. Bouchard stated that any limitation that would be put upon the Orono Ba.scball Association approval by the City Council should be based upon public input from a public heanng. Pesek and Halvorson disagreed, slating that it is a public park and no limitations should be placed upon a public park. Council member Murphy asked what the general policy regarding parks was. PAGE 3 j f MINUTES OF THE CITY OF ORONO PARKS. OPEN SPACES. AND TRAILS COMMISSION MEETING Monday. March 1. 2004 7:15 o’clock p.m. Chair McDermott stated that the comp plan identifies Bederwood Park as a neighborhood park which would not be used by organized sports more than two times per week. Rice asked if the park donors had placed these restrictions on the park. Silber stated that a process could be followed to amend the comp plan, if OBA could make a case to the public, the City might be willing to expand the usage to a certain degree. However, she questioned w-hether 5-6 nights per week would be acceptable. Halvorson stated that she was in full support of organized sports for kids. She was disappointed to sec an amenity like Bederwood underutilized. Pesek seconded. Gappa stated that, since the last public hearing was held in 1993, he wasn't sure if the opinion of the neighborhood had changed or whether they would still object to the use. VOTE: Ayes 5, Nays 1, Chair McDermott dissenting to the motion as presented. Murphy questioned whether there were pictures of the facility in its present state displa>ing its lack of upkeep and use. He suggested that might be useful to the City Council. Gappa indicated that OBA maintains the field within the fence line. He suggested that OBA be allowed to state their case. Silber maintained that the City should encourage the fact that, they have an organization. OBA. who has stepped forward saying they want to take care of the park and its facilities. They are willing to make the investment, at a time when funding is a cntical issue. She encouraged the OBA to consider adopting maintenance of the sign and it’s landscaping as an indication of their good faith. Palmquist stated that he could lake the landscaping of the sign suggestion back to the organization. He believed that, unfortunately, a vocal minority has kept the park from being used, and OBA would like to be given the opportunity to state their case. Pesek reiterated that this request fulfills two of the Park Commission goals, first, to increase utilization of parks, and second, improve the condition of parks. Gappa pointed out that, in general, you don’t sec too many pick-up games in any sport anymore. (#5) FEBRUARY 2004 COUNCIL MEETINGS Rice indicated that, while the CUBmi^^ressed their gratitudet^^h^ark Commission for pointing out that the real estate taxes ii^tO«^re so low Jbii^w^Id prefer the Commission PAGE 4 t MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o’clock p.m. r*nnMni fiPETING APR 1 2 2004 CITY OF OF.C.'.'O © ROLL The Council met on the above mentioned date with the following members present: Mayor Barbara Peterson; Council members Jim White, Jim Murphy, and Bob Sansevere; City Attorney Thomas Barrett; Representing staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Planner Janice Gundlach, City Engineer Tom Kellogg, and Recorder Joan Ellis. Council member Lili McMillan was absent. Mayor Peterson called the meeting to order at 7:02 p.m. CONSENT AGENDA 1. Approve/Amend The following items were included in the Consent Agenda: # 5,6, 7, 9,12, 13,14,15, 17, 18, 19, 22, and 23. Murphy moved, Sansevere seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. PRESENTATION 2. GABRIEL JABBOUR AND PETER JOHNSON-DAKOTA RAIL CORRIDOR UPDATE Mr. Jabbour stated the city’s long-term objective of obtaining a trail transportation corridor presently known as the Dakota line is closer today than three weeks ago. The Surface Transportation Board ruled approving the rail authority might abandon the freight rail use on the Dakota line, with one minor issue Mr. Johnson will address. Mr. Johnson stated the Surface Transportation Board granted an exemption for the entire line for trail use, and provided for a negotiation period of six months on the Carver County portion to take care of the trail use condition. Rail America is free to remove the tracks and controls as long as they comply with all the regulations and deal with the watershed issues. Johnson is sure that it will take six months for Car\er and Hennepin counties to resolve issues and as soon as resolution is finalized the exemption is final. If they don’t resolve their issues in six months, then it is also final. The exemption is just a six-month extension and is self-terminating. Sansevere asked what the issue is between the counties. Johnson responded that there arc selected land granted parcels along the railway in Carv'er County and the county has asked to keep the trail in tact and so they have asked for time to pursue this issue through a trail use condition. PAGE 1 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (2. GABRIEL JABBOUR PRESENTATION-DAKOTA RAIL CORRIDOR UPDATE, continued) Moorse stated that Rail America has six months to remove those tracks. If they don’t get this accomplished in six months, then the county can move ahead on its own. Jabbour stated that at the time Johnson was negotiating, there was $385,000 value on the tracks. Now, steel prices have risen four to five times its original value so the likelihood of Rail America leaving the tracks down longer than necessary is slim. Three Rivers Park District is posturing because they would like to get a 50-100 year lease and the Hennepin rail authority would like to give a 160-day lease. Johnson added there are alternate funding mechanisms if the Park District can’t get a long-term lease. Jabbour stated the next step is to meet with the Three Rivers Park District. Murphy stated that since there was such a large Navarre audience this evening that Jabbour could talk about the trail impact to residents. Jabbour told the residents this trail would be a major asset to the community offering walking and biking access to Wayzata and all the way to Hutchinson with many points of the trail going over water and through woods. Jabbour added that the former mayor of Minnetrista has gifted 400 acres of woods as a preserve along the trail. Sansevere stated that the trail would be a positive impact on home values. Jabbour also commented that the mayors from Hutchinson all the way to Wayzata are supportive of this trail except for our sister city Minnetonka Beach. Jabbour then handed copies of a part of Minnetonka Beach’s minutes and results of their own survey to council members. Jabbour continued by saying that he is continuing to try and work with Minnetonka Beach. He also indicated that from the survey it appears that a large majority of respondents are in favor of the trail. Mayor Peterson added that not only will Navarre benefit from the trail but also with the proximity of the trail going through Crystal Bay as well it will be a major asset for that area with the smaller lots. Jabbour stated that the council should note the former mayor of Minnetonka Beach. Bob Abdo, asked the City of Minnetonka Beach to change their attitude and the way they operate and to be part of the solution. Sansevere gave Jabbour and Peterson a large thank you for all the work they have done on this project. Jabbour added that on another issue, MNDOT accepted our settlement regarding the Lurton property and they are working on the second parcel, and that city staff did a phenomenal job. PAGE 2 of 23 3 r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (2. GABRIEL JABBOUR PRESENTATION-DAKOTA RAIL CORRIDOR UPDATE, continued) Mayor Peterson agreed and stated staff doesn’t realize how much council appreciates them, especially Gaffron. HEARINGS - 7:00 p.m. 3. WEST FARM (HOMESTEAD) SANITARY SEWER PROJECT ASSESSMENT HEARING - RESOLUTION NO. 5132 AND 5133 Mayor Peterson opened the public assessment hearing at 7:20 p.m. and asked the Recorder if the Affidavit for Publication has been completed. The Recorder responded affirmatively. City Administrator, Ron Moorse said this is an assessment hearing that is now being held because the city has moved forward after the initial public hearing where the neighborhood indicated a level of support for the project. Bids have been received so that a cost could be obtained for the neighborhood. This is an opportunity for the city to share that infomation with the neighborhood and then they can indicate whether they will accept the assessment amount or wish to appeal it. Mayor Peterson asked if there were any neighbors in the audience for this project. Mr. And Mrs. Schultze, 744 Brown Road North, were present and asked what was the start date and to identify the location of the curb stop and where the connection will be prior to construction. Tom Kellogg, City Engineer, stated that provided there are no appeals, the next step is to generate the contracts, get them signed and have an agreement. Previously, the costs were estimated substantially higher than when the actual bids came in. Two reasons tor that: 1) the city gave them a bigger window to complete the project; and 2) gave the contractor an opportunity to bid in the winter when work is slower. Start date is dependent on when weight restrictions are removed and completion date is scheduled for July 1,2004. In regards to Mr. Schult/e’s second question about the location of the curb stop and where is the location of the connection, discussions will be held with each homeowner prior to start of construction to locate the curb stops and service locations where the homeowner wants them. Moorse asked Kellogg to explain about the grinder pump and how that all works as far as costs and the local private connection. Kellogg indicated the system is a low-pressure system. It is small diameter force main that will be installed along the road. It will be directionally drilled so there will be minimal disturbance although there will be a couple of spots where it will have to be dug up. The PAGE 3 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (3. WEST FARM HOMESTEAD SANITARY SEWER PROJECT PUBLIC HEARING, continued) project ends at the homeowner's property line where there will be a curb stop and a shutoff, like you have on your water system, and that is what your assessment covers. From that point, the homeowner’s responsibility is to hire a plumber to install a line from the property line to the home, dig and sink a grinder pump, a can system of typically a two-foot diameter tub usually, and finally some electrical work of wiring to the pump will need to be done. Installed prices typically are somewhere in the range of S8,000 to S10,000. The homeowner is then responsible for the ownership and maintenance of the grinder pump from this point forward. Mayor Peterson closed the public assessment hearing at 7:25 p.m. White moved, Murphy seconded a motion to adopt Resolution No. 5132 adopting the proposed assessment roll for the West Farm (Homestead) Sanitary Sewer Project VOTE: Ayes 4; Nays 0. Murphy moved, Mayor Peterson seconded a motion to adopt Resolution No. 5133 accepting the quotation from Red Pederson Utilities, Hopkins Minnesota in the amount of $34,914.50 for the West Farm (Homestead) Sanitary Sewer Project VOTE: Ayes 4, Nays 0. 3. ON SALE LIQUOR LICENSE PUBLIC HEARING - PAUL ODE AT 3435 SHORELINE DRIVE (NAVARRE LANES) Mayor Peterson asked how many of the audience members were from the Navarre area. A large number of the audience was from Navarre. Mayor Peterson then stated she would like to see all of them at the dedication of the new fire department on Saturday, March 27,2004. Mayor Peterson asked if the Affidavit of Publication had been satisfied. The Recorder responded affirmatively. Moorse explained the purpose of the public hearing stating Mr. Paul Ode has applied for an on-sale liquor license for the property at 3425 Shoreline Drive. The liquor license is proposed to be one element of a pizza restaurant and bowling alley concept in the lower level of the “Keaveny” building. The on-sale liquor license application requires a public hearing to provide an opportunity for the public to ask questions and provide comments regarding the application. The suggested Order of Business is: 1 . presentation by staff 2. presentation by the applicant PAGE 4 of 23 iUHi 1^.. . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING - PA UL ODE - NA VARRE LANES continued) 3. open the public hearing 4. receive questions and comments from the public 5. close the public hearing 6. Council deliberation The City’s authority and concern in its review of the liquor license application is the protection of the public health, safety and welfare. The City’s review of the application has addressed this concern in two ways. One is through a background investigation of the applicant for the liquor license. The second is through a review of the impacts on the area properties of granting the on-sale liquor license. The Police Department has conducted a background investigation of the applicant. Based on the result of the investigation, the Police Department is recommending denial of the liquor license. A memo from the Police Chief regarding the recommendation was attached in the Council packet. The key issue in the review of the impacts on the area properties of granting the on-sale liquor license is the proximity to, and orientation of the entrance and parking toward, the adjacent low-density residential development. Moorse showed the Council maps made part of the public record showing the relationship of the building and parking lot to the adjacent neighborhood. The bowling alley is a use that, in itself, can produce a level of traffic, noise, and activity that is not ideal adjacent to low-density residential development. The addition of on-sale liquor to this equation creates a new level of potential impacts and concerns. On-sale liquor brings the potential for increased noise, traffic and safety concerns, and activities that are incompatible with low-density residential development. Staff is recommending denial of the on-sale liquor application based on the denial recommendation from the Police Chief, and based on the potential for increased noise, traffic and safety concerns, and activities that are incompatible with low-density residential development. Attorney Tom Barrett slated that, in addition to staffs recommendations, that the City ordinances. Section 34.68 make it unlawful to make a false statement or willful omission on any application form and that the consequence of that is an automatic refusal of any application for license. Chief Good and Sergeant Erickson were asked by Council to give them background on their investigation. Chief Good read their memo of March 19,2004 regarding results of the investir Mon into the public record. PAGE 5 of 23 -- ---- r MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o’clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING - PA UL ODE - NA VARRE LANES continued) Mr. Ode explained that it was due to the timing of when the license actually came and the work that was being done. Because of the other factors involved he wasn’t able to open until around February totally missing the bowling leagues and any opportunity to participate in that area. Sansevere asked Mr. Ode why the urgency. Mr. Ode indicated he thought that if he could get open before the first of January it would be an opportunity to move forward at that time, but there was no way to get it done. He continued by saying the information that he discovered and found later relative to what was necessary to have a successful bowling alley indicated that a full liquor license would be necessary. Mayor Peterson indicated that legal counsel has stated that this is strictly for a liquor license public hearing, and opened the public hearing at 7:55 p m. Sansevere asked Chief Good if there is a lot of room for “gray area’’ on the application-if a person has been convicted is it clear you have been convicted and if you have been arrested is it clear you have been arrested regardless of the traffic arrest or any type of arrest. Chief Good responded that she does not know how she could make it any clearer. Phyllis O’Malley, 2740 Kelly Avenue, resident of 45 years, moved to Navarre from Long Island, NY because of the tranquil, free from major industry, good education for children, safety, low or no crime and reasonable traffic. Except for the number of residences increasing and level of tratfic everything else has pretty much remained the same. She stated that she believes that Navarre is a bedroom community. Mrs. O’Malley believes the full liquor license and restaurant will generate more traffic and noise and a possibility that because Kelly Avenue is a shortcut from County Road 15 to County Road 19, that it will be a safety issue for children due to increased traffic and speed. David Hardin, 2515 Kelly Avenue, resident of 10 years, is against the rertauranlbar because of the exit onto Kelly, a residential street, and the resulting traffic issues ai d significant noise. When you drive into Orono and see the beautiful Navarre sign and d.*ivc into this restaurant and sec the Caution Children sign and then the bar sign right next to each other sets a bad image for Navarre and Orono. He stated that another bar/restaurant already exists and Navarre doesn’t need another so close to the lake, close to other homes v\ ith entrance and exit difficulty, and with parking inadequate for what is proposed. Jim and Sue Schmidt, 2585 Kelly Avenue, resident since 1948, stated that since the Narrows bar opened there has been a huge increase in the amount of trash. Her husband just picked up 12 cans of beer on the side of the road on Kelly Avenue. They don’t hear the noise PAGE 7 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING - PA UL ODE - NA VARRE LANES continued) because they are located up on the hill, but the exit and entrance onto Kelly Avenue will be used as a shortcut to County Road 15 and that is an added safety concern. Evonne Paige, 3493 Crystal Place, said within a 2-3 mile radius, there are five liquor establishments - two in Navarre and three in Spring Park. Spring Park was all liquor establishments when she was growing up which was good for Spring Park in the summer. Now people use establishments all year round. For policing and for residents of all ages, she does not think wo need another liquor establishment. Chiistin Hardin, 2515 Kelly Avenue, has a safety concern for her two small children and that since the Narrows has opened the traffic situation has gotten to be so bad that she had to call the police department to do a traffic study on Kelly Avenue. In one week there were 4,000 cars and she believes another bar will increase traffic and cause safety concerns. Sherry Volkmar, 2640 Kelly Avenue, resident of 12 years, stated the Narrows bar/restaurant has caused motorcycle noise at 1-2 a.m., trash, and speeding has gotten excessive. Sylvia Bertagnoli, 2449 Kelly Avenue rose to speak. Mayor Peterson stated that her letter of March 14,2004 would become a part of the public record. Mrs. Bertagnoli called over 100 people and can document 98 people she talked to and put the summation in the March 14 letter and all but two people are extremely opposed, three businesses are undecided and three businesses are in favor of the project. She also stated there would be a lot of people at this meeting except for spring break with children and people wintering in warm weather. Mrs. Bertagnoli had a long conversation with Rick Bloomberg, Rick’s Super Value and his question was why do we need to have a bar. She asked the Council to ask Mr. Ode if he has applied for a pizza factory franchise as he said he was going to do and if that was a Minnesota or California franchise. Rick Edwards, 2480 Camicn Street, resident since 1955, and is 400 feet away from the bowling alley. .Mr. Edwards believes one saloon in town is enough. In the winter time residents put up with the snowmobiles and they will find a way to cross your property, music, traffic, drunken driving. He also has counted 30 motorcycles in front of the Narrows at one time and Harley Davidson motorcycles are noisy. Sometimes they have to close their windows at night because of the music from the Narrows - they open their doors when it gets hot inside. He continued saying his neighbor who lives on the comer of County Road 15 and Carmen Street is selling liis house because of the traffic and the safety concerns for family. Ward Edwards, 2474 Carmen Street, stated they built their home in 1990. He agrees with everything many of the people have already said. There is considerable noise from the PAGE 8 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING - PA UL ODE - NA VARRE LANES continued) Narrows and with windows open in the summer, there is no choice but to listen to motorcycle noise and drunken driving. Charles Nadler, 2509 Kelly Avenue, a resident since 1987 and located 351 feet from the property in question didn’t receive notice because notices go out to people within 350 feet. What troubles Mr. Nadler is the left turn off of County Road 15 onto Kelly with a hidden intersection coming out of the bowling alley and it is easy to get hit at that intersection. In addition Mr. Nadler is concerned about the increased traffic. Austin Evans, 2907 Kelly Avenue stated that a lot of people spoke tonight plus 97% of others are opposed to this liquor license as cited by Ms. Bertagnoli. Mr. Evan reiterated parts of his letter of March 18,2004. Mr. Evan’s letter of March 18,2004 and his attorney’s letter of March 22,2004 become a permanent part of the public record. There will be an increase in traffic, hardcover and parking. He is requesting the Council to partner with staff by denying application. He stated that the front door of the establishment will be as near to his front door as the space between second base to home base. Cars will be able to park as close to his house as the pitcher’s mound is to home base and is concerned about the shutting of car doors and the loud, shouted goodbyes at 1:30 in the morning. He asked Council to deny the application. Mike Kellen, 2503 Kelly Avenue, resident over 20 years agrees with all residents that have previously spoken and requests the Council deny the application because of the background of the applicant and safety issues. Mike Keaveny represented the property owner which is his family. Mr. Keaveny grew up in his father’s pharmacy 44 years ago and the family has owned the building since 1965. The Scherver family has run the bowling alley and in June 2004 they are planning to close the place. Mr. Ode is interested in operating the bowling alley and between Mr. Keaveny and Mr. Ode thought a restaurant and bowling alley would be a nice addition to the community for a family entertainment center. Mr. Ode thought it would be a good idea to offer someone an alcoholic beverage when they have their dinner. It is something 85% of all bowling alleys offer their clientele. It was not their intention to set anything up to be like the Narrows. It is designed to be a family entertainment center. Setups are offered now and there is no control over how much alcohol a patron consumes. If a full liquor license was instituted it would be easier to control consumption. Mr. Keaveny is interested in improving the looks of the neighborhood by fixing up this site. His father was ill for a long time and is no longer alive so it was difficult to keep up the site previously. Brad Hoyt, 2507 Kelly Avenue, a resident of 25 years. Mr. Hoyt stated he owns three Harleys and understands the noise can be very bad and the propensity to rev the engine increases logarithmically with the total amount of beers one has had. He stated they can’t PAGE 9 of 23 Il MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING - PA UL ODE - NA VARRE LANES continued) open windows in their home because of the band music bouncing off glass in the windows. Mr. Hoyt thanked Mayor Peterson for speaking with him over the weekend and apologized for disturbing her solitude. He doesn’t believe this site is viable because of the intersection of County Road 15, the exit and entrance to the site and speeding down Kelly Avenue. He would like to know what the vision is for this building and the area. This building in question is a blight and the non-conforming use of the basement is no longer going to be in operation and is an opportunity to see what else can happen cn the property going forward. Mr. Hoyt suggests that if the ordinances need to be changed, change them. You just can’t grant variances without a hardship. There is no hardship here. Mr. Hoyt also stated he was the one person that called on the CUP after receiving the public notice. Also he stated there is a gravel driveway and the parking lot has never been improved. Mr. Hoyt said he is a real estate developer and suggested adopting a moratorium to study what needs to be placed at this site. There are now multi-million dollar homes in the immediate area of this site and attractive retail should be placed at this site and in the immediate area to serve the residents. Mayor Peterson closed the public hearing at 8:25 p.m. Murphy thanked everyone that appeared tonight and stated that Council needs to restrict their discussion to the application before them tonight. To Mr. Ode he said that he always seems to say it is someone else’s problem and he is not prepared to support the application. The police department has put in long hours of work on this application, but his denial is not solely based on the applicant, but all the other pieces the staff and community have stated here tonight. Sansevere indicated he supports the residents in the neighborhood most closely associated with the project location in opposition. He quoted Mrs. O’Malley when she said Orono considers its residents first above projects and that is what this meeting is about. The public spoke out 13 to 1 (owner of building Keaveney in support) in opposition to the liquor application and one of the people that spoke had talked to 90 people in opposition by petition. Mr. Ode also submitted a letter dated March 17,2004 from the Bowling Proprietors Association of Minnesota stating that a high percentage of bow ling alleys now have liquor licenses, but Sansevere doesn’t believe a large number of those establishments open up into a residential area. He also asked legal counsel what the Council can do to stop any future liquor licenses at this site and wants to move to rescind the 3-2 liquor license currently in place based on the police report. Attorney Barrett said in respect to the first question the council’s authority under state law provides that it may issue a liquor license within that language which is permissive. He PAGE 10 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (4. ON SALE LIQUOR LICENSE PUBLIC HEARING - PA UL ODE - NA VARRE LANES continued) stated he has advised Council that they have the right to determine that other health and safety impacts may occur and that it’s on that basis that the staff report talks about that there are impacts on the neighborhood and the traffic and would be a basis on which the Council could deny. With respect to the larger question on the use of the property, he has not recently heard a developer like Mr. Hoyt offer a moratorium, but at some point the City may wish to take a look at how that area is zoned and how it zones its liquA.u’ license applications. There is not currently a lot of zoning dealing with liquor licenst.; ■••xJ the Council may wish to consider that. Finally, in regards to the 3.2 liquor license currently in place at this site, under state law at this time, it requires an independent hearing examiner be appointed and if the Council made a resolution for staff to prepare a Complaint or an effort to withdraw the 3.2 liquor license than it would be a requirement that the City identify and hire an independent hearing examiner, have a hearing in front of the examiner, and have a report come back to the City Council under which it could make a decision. Sansevere stated to Mr. Ode and Mr. Keavney that he would have no problem with the bowling alley opening with a pizza factory or any kind of pizza. He continued by inquiring if the City has a requirement to prevent a liquor license being utilized at that site in the future. Attorney Barrett stated he is not sure he knows the history of the setup liquor license and can’t advise Council on that question at this time. White stated home is where the heart is and the community is .vherc the home is and it is not surprising that all these people turned out this evening. He stated he couldn’t think of a worse location to have a liquor license. He is opposed and agrees with the residents. White also said he is concerned about the application process indicating the City is very tough with residents that have a small amount of hardcover and we find out when we measure that the whole thing is a parking lot. We make them remove that hardcover. When an applicant comes in and signs a liquor license application and it is submitted to the Police Department and the application has obvious errors and falsehoods, then the City has a real problem. White would support getting a hearing examiner to look at this whole issue. We are tougli on honesty. He is opposed to this application. Mayor Peterson indicated she is opposed to this application for a liquor license not only for the health, safety and welfare issues that have been brought up this evening but also because a full liquor license is not an appropriate use for that location. She stated she and Mr. Keavney are schoolmates and she bowled as a teenager at this bowling alley back in 1965 PAGE 11 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (4. ON SALE LiQVOR LICENSE PUBLIC HEARING-PAUL ODE-NAVARRE LANES continued) when that was probably an appropriate use for this building when trafTic and resident counts were low. Today she agrees with Mr. Hoyt that maybe something else needs to be placed at this site. She has an issue with the way the Navarre area has developed. There are many more families there than in 1965 and she can appreciate what Mr. Keavney’s father had there at the time - it was a viable establishment. Moorse stated that if the motion were for denial he would suggest directing staff to prepare a Resolution of E)enial and bring it back to the next meeting. Sansevere moved and White seconded a motion directing staff to prepare a Resolution of Denial and bring it back to the next meeting. VOTE: Ayes 4, Nays 0. Murphy moved and White seconded a resolution to engage a hearing examiner to open Mr. Ode’s 3.2 liquor license. Attorney Barrett is in agreement with the motion. VOTE: Ayes 4, Nays 0. A break was taken from 8:30 to 8:47 p.m. APPROVAL OF MINUTES *5. Regular Council Meeting of March 8,2004 Murphy moved, Sansevere seconded, to approve the Minutes of March 8,2004, as presented. VOTE: Ayes 4, Nays 0. PARK COMMISSION COMMENTS Pauline Bouchard had left the meeting. PLANNING COMMISSION COMMENTS Jeanne Mabusth stated she was present to answer any questions Council may have. PUBLIC COMMENTS There were no comments. ZONING ADMINISTRATOR’S REPORT *6. #2587 KRIS RUDD ON BEHALF OF RICHARD RUDD, 4575 WAYZATA BOULEVARD - EXTENSION OF EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL - RFSOLUTION NO. 5134 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5134 extending the effective period of final plat approval to July 31,2006 for Richard Rudd and Kris Rudd for the property located at 4575 Wayzata Boulevard. VOTE: Ayes 4, Nays 0. PAGE 12 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. *7. #03-2928 MICHAEL MISCHKE, 1972 SHADYWOOD ROAD - VARIANCE RESOLUTION NO. 5135 Murpby moved, Sanscvere seconded, to adopt RESOLUTION NO. 5135 granting variances to allow construction of a detached garage and first floor level deck for the property located at 1972 Shadywood Road. VOTE: Ayes 4, Nays 0. 8. #03-2962 ROBERT AND JOAN SWITZ, 1740 SHADYWOOD ROAD, VARIANCE - RESOLUTION 5136 Mayor Peterson moved and Murphy seconded to adopt RESOLUTION NO. 5136 granting lot area and hardcover variances to allow construction of a new residence for the property located at 1740 Shadywood Road. Under discussion, Sanscvere stated he would be consistent with hb previous vote. VOTE: Ayes 3; Nays 1 (Sanseverc) *9. #04-2973 MINNETONKA CUSTOM HOMES, 4753 NORTH SHORE DRIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 5137 Murphy moved, Sanseverc seconded, to adopt RESOLUTION NO. 5137 denying a conditional use permit to permit a retaining wall and grading within 5 feet of a property boundary for the property located at 4753 North Shore Drive. VOTE: Ayes 4, Nays 0. 10. #04-2976 JAMES AND JUDY PIERPONT, 1801 WEST FARM ROAD - PLUMBING IN ACCESSORY STRUCTURES CUP - RESOLUTION NO. 5137 White moved and Sanscvere seconded to adopt RESOLUTION NO. 5129 granting a conditional use permit to allow plumbing in an accessory structure for the property located at 1801 West Farm Road. VOTE: Ayes 3, Nays 1 (Murphy) Council moved Item 16 to precede Item 11. 16. #2765 KELLEY PARKWAY - DENTAL OFnCE SIGN HEIGHT Dr. Carl Berg was present. McCarthy Construction has requested a sign permit for the dental office at 2765 Kelley Parkway to allow a larger sign than was previously approved. Summary of the approval and application is as follows: November 2002 Approval: Monument: 13 ’ 4” wide x 12’ high = 160 s.f. per side Sign Face: 8 ’ wide x 8 ’ 6” high = 68 s.f. per face PAGE 13 of 23 i r.. . tM • ii MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o’clock p.m. (16. 2765 KELLEY PARKfVAY^ DENTAL OFFICE SIGN HEIGHT continued) June 2003 Building Permit Staff Approval Monument: 13 ’ wide x 12’ 8 ” high = 165 s.f. per side Sign Face: 8 ’ wide x 8 ’ 6” high - 68 s.f. per face 2004 Sign Permit Application Monument: 13 ’ wide x 13 ’ 8 ’' high = 178 s.f per side Sign Face: 7.125’ wide x 10’ high = 71 s.f per face The slafTs concern is the height of the sign because it sets the tone for all other signage along Kelley Parkway. Monument signs are by design intended to be low to the ground, as opposed to pylon signs, which are by nature raised to a height for greater visibility. A monument at 12’ or 12’ 8 ” is already pushing the limit, in staffs opinion, especially for an office use. If this were retail, there would be a greater need for high visible signage. Staff also stated the Development Agreement provides for minor amendments to the approved plan and may be referred to the Development Review Committee, which consists of the Planning Director, Public Services Director and the City Planner. Sansevere stated that the low sign that staff is recommending is fine but the high one is above the roofline. Mayor Peterson stated she couldn’t endorse the variance. She said it is a destination point and doesn’t need a brightly lit sign. Murphy inquired if his business is by word-of-mouth and Dr. Berg responded affirmatively. White asked if the applicant is going to encase the steel posts with the nice pillar looking facade as on the inside and the applicant responded affirmatively. Applicant staled the City granted two signs. Tenant names can’t be seen from the road on the current height sign and he doesn’t feel the sign he wishes to place is too high. Murphy told the applicant he has resource against the developer/builder. Mayor Peterson said the Wayzata Medical Building sign doesn’t list all the doctors on it and this is a medical facility. Applicant Berg also has had great difficulty with the Kelly Avenue versus Kelley Parkway address in dealing with the post office. They continually get the two addresses confused and it just hasn’t worked well. PAGE 14 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o ’clock p.m. (16. 2765 KELLEY PARKWA Y - DENTAL OFFICE SIGN HEIGHT continued) Gaffron stated that the address could be addressed. Berg responded that he could speak with his partners. Gaffron stated in staffs opinion the sign at 12’ or 12’ 8 ” is pushing the limit, especially for an office use. White suggested making the Orono Professional Center in smaller letters or putting on a lower sign and then the tenant names could be larger. Sansevere stated the sign exceeded and interrupted the roofline and it would be more visually pleasing if one-foot lower. Murphy stated the Council has gone a long way on previous issues related to this project. Applicant Berg also stated they went a long way. Murphy moved and Mayor Peterson moved to deny the application based on staffs recommendation that the sign not exceed the 12* 8** height approved with the building permit. VOTE: Ayes 4; Nays 0. 11. #04-2974 RELIANCE DEVELOPMENT CORP., HIGHWAY 12/WlLLOW DRIVE (OUTLOT A, STONEBAY) - COMPREHENSIVE PLAN AMENDMENT Gaffron explained Planning Commission tabled ihis item on February 17 pending a joint work session with the Long Lake Planning Commission, which was held on March 3. At that work session, the commissions exchanged information about current and pending activities along the Highway 12 corridor, and discussed whether rezoning of this site might impact redevelopment efTorts in Long Lake. Each commissioner in attendance drew his/her own conclusions regarding that discussion. On February 17, Planning Commission also established a list of acceptable uses for the property if it is rezoned. The Planning Commission refined this on March 15. Murphy inquired what the list of uses meant. Gaffron responded by sa\ing that w hen the property is rezoned there will be a list of allowed uses for this property and if any approved uses on the list become a drive-thru there would be CUP on the permit. On March 15, Planning Commission concenU ’ated primarily on determining whether to recommend that the Comprehensive Plan be amended to re-guide the site to allow primarily retail uses, rather than the primarily office uses for which the site is currently guided. PAGE 15 of 23 joi, H ll MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (11. #04-2974 RELIANCE DEVELOPMENT COUP., HWY. limiLLOWDRIVE OUTLOTA, STONEBAY, continued) -On a vote of 6-1, the Planning Commission recommended that the Comprehensive Plan not be amended to convert from office to retail uses; -Indicated that if the CMP amendment and rezoning goes forward, they are in complete agreement with the concepts expressed in the March 1,2004 letter authored by Gaffron; and -Noted that if the CMP amendment and rezoning goes forward, with a minor rev ision to make all “permitted uses with drivc-thru ’s” a conditional use, they agree with aie list of recommended allowed uses. Gaflron stated he included portions of the draft minutes of the Planning Commission meeting of March 15 for the Council to review their concerns and opinions. Staff recommends that if the goals and parameters of the March 1 letter are met that a primarily retail development would be appropriate for this site. Site plan reviews-to-date have not met these conditions. f Staff and the developer need clear direction as to whether the Comprehensive Plan amendment has Council support. If Council confirms it will accept a CMP amendment to convert the site from office to retail if the parameters and goals of the March I letter can be met to the Council’s satisfaction, the developer then can proceed with further plan revisions and work toward an approvable plan. If Council grants conceptual approval, staff envisions the following steps: 1 . Staff will, within the next 2-3 weeks, draft text for an amendment of the CMP that incorporates the specific goats and parameters under which retail uses will be allowed for this site. 2. Once Planning Commission and Council have accepted the text, a formal Comp Plan Amendment application to the Metropolitan Council will be commenced. 3. An ordinance for rezoning the site to B-6 PUD incorporating the established parameters for development and allowed uses will be drafted for Planning Commission and Council action. 4. In the meantime, applicant will continue to work with staff to draft a plan that meets the goals, parameters and conditions established in the March 1 letter. There have been 22 plans and Planning Commission has not seen Plans 21 or 22. Sansevere asked Gaflron about how well the applicant has proceeded toward meeting the parameters of the March 1 letter. Gaflron responded they have finally come to a plan that changes the concept of moving the Walgrcen’s around and one retail building will house a bank and he said he hasn’t seen Plans 22 or 23 yet. They have worked to have the westerly users of the site orient toward PAGE 16 of 23 MINUTES OF THE ORONO crrv council meeting Monday, March 22,2004 7:00 o ’clock p.m. (IL U04-2974 RELIANCE DEVELOPMENT CORE., HWY12/ WILLOW DRIVE OUTLOTA, STONEBAY, continued) the pond as an amenity. They provided a little bit better focus toward the center of the site opposed to totally focusing towards Highway 12. The traffic engineer hasn’t looked at the circulation and parking issues yet. Gaffron still thinks there is potential for impact on the neighborhood but they understand the need for screening will be critical. The last plan Gaffron reviewed was not complete in many ways and could be changed in a number of ways. The key issue for Gaffron was that they went away from three separate uses, now we’re down to two uses, a drive-thru issue usurping the west end amenity, a pond that sneaks through in-between the two halves of the building. He stated they are getting closer, but are not there yet. Plan 23 was introduced to staff and Council. Sansevere stated that as far as he is concerned the applicant would proceed further if they keep in mind Gaffron’s recommendations. Plan 23 splits one retail building on the west to accommodate a drive-through between the buildings. Murphy noted the changes to the Walgreen site and inquired how Walgreen’s feels about the changes and will they do what is needed. The applicant responded they have seen this plan and turning the building they can accept. This building now has less parking around their front door which they don ’t like, but getting a drive-thru on the east side may be more acceptable. Their primary response was that the applicant should come back to them after they have something that can be passed by the Council. CVS Pharmacy may have an interest, but are not being approached at this time. Murphy stated he likes what is being proposed and he is supporting the retail and pharmacy use, but is more concerned that the applicant understands the parameters in the March 1 letter and will take them seriously. Murphy further apologized to the applicant for the process. The applicant should never have come before Council until they had gone before the Planning Commission process and said if the applicant isn’t one to give up, neither is he at this point. White agreed with what Murphy stated on the process. He stated the site plan is much better and agrees with Gaffron that it is coming along. White stated he is not opposed to making this site all commercial. PAGE 17 of 23 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m (11. M4-2974 RELIANCE DEVELOPMENT CORP., HWY12/WILLOWDRIVE OUTLOTA, STONEBAY, continued) Applicant stated there is not a lot of interest from banks. They haven’t given up yet and will try to incorporate. They have approached most of the restaurants growing in the metro area and they say the day population isn’t big enough to support a restaurant. In addition, because of the bypass, traffic will be going down. Mayor Peterson took a poll of the Council that indicated all were in favor of moving forward toward a Comprehensive Plan amendment. She also indicated that one Planning Commission member was in favor of an amendment. Mabusth stated that she feels this application started o(Tin the wrong place and that although she couldn’t attend the meeting, the joint meeting with Long Lake was a great step forward and no one said they were against it. Mabusth stated she thinks it would be exciting to have a commercial development be in place for our neighboring community as they face re development and believes there is a spirit to continue to work together with the Long Lake Planning Commission. White moved and Mayor Peterson seconded to grant conceptual approval for a Comprehensive Plan amendment to reflect the conditions in the March 1,2004 letter. Discussion was opened and Moorse commented to clarify what the expectations are that: 1) We don’t want to say we are approving 30,000 square feet of retail. Instead we want to be more specific and he believes the pharmacy is key to this site and if the pharmacy is gone and we are just trying to fill up the space that is a different plan than is being talked about here. Gaffron stated that the City will establish parameters in the Comp Plan for development of this Outlot A that will include whatever conditions felt appropriate, whether this developer or any developer. Moorse responded to the applicant that we wouldn’t amend the Comp Plan to simply say “retail ”. We amend the Comp Plan to say it’s fine to do retail in this area versus office as long as the retail serves the neighborhood and fits these parameters. One of the parameters Moorse suggests would be it has to be a pharmacy or something that provides the same type of service uses that a pharmacy provides. 2) Moorse continued to say that the other thing he would suggest is the far west 'ly space has to be food oriented if it is all going to be retail because if it’s not then we have w asted that whole building. PAGE 18 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o’clock p.m. 07. H04-2974 RELIANCE DEVELOPMENT CORP., HtVY 12/WILLOWDRIVE, OUTLOTA, STONE BAY, continued) Applicant stated they have to get closer to the PUD using those parameters. Moorse stated it is not just the PUD, it is the Comp Plan Amendment language where the City would lay out those parameters so it is not a wide-open amendment. GafTron stated to the applicant that the rezoning goes hand-m-hand with the PUD. Staff will begin drafting text for the amendment and begin to draft language for a zoning ordinance to reflect specific uses and bring it back to the Council on April 12,2004. This item will come back to the Council at the April 12 meeting and then go to the Planning Commission for rezoning. Staff will continue to work with the applicant to resolve any outstanding issues. There was no further discussion. VOTE: AYES 4, NAYS 0. *12. #04-2986 NATURAL ENVIRONMENTS CORP. ON BEHALF OF SHAWN VAILLANT, 847 TONKAWA ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 5138 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5138 granting a variance and conditional use permit for construction of a granite stair system, re­ grading of slope and installation of low-glacial boulder walls for the property located at 847 Tonkawa Road. VOTE: Ayes 4, Nays 0. * 13. #04-2988 SEAN AND LEAH DALY, 605 PARK LANE - AFTER-THE-FACT VARIANCES - RESOLUTION NO. 5139 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5139 granting after- the-fact variances to allow construction of a deck for the property located at 60S Park Lane. VOTE: Ayes 4, Nays 0. *14. #04-2990 PATRICK AND LORING KAVENEY, 1444 BALDUR PARK ROAD - VARIANCES - RESOLUTION NO. 5140 Murphy moved, Sansevere seconded, to adopt RESOLUTION NO. 5140 granting variances to allow construction of a new single-family residence for the property’ located at 1444 Baldur Park Road. VOTE: Ayes 4, Nays 0. PAGE 19 of 23 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. (2L MOU BETWEEN PARTNERS IN PREVENTION COALITION AND THE CITY OF ORONO continued) Barrett questioned the terms of the MOU and dates involved, but Moorse indicated to him that items can be conditions in the MOU. VOTE: Ayes: 4, Nays: 0. White moved and Sansevere seconded a motion to approve a 2004 budget adjustment to expend forfeiture funds to backfill one police officer position if necessary (Option 1 of the Request for Council Action f>‘om Chief Good dated March 22,2004). VOTE: Ayes: 4; Nays 0. White moved and Mayor Peterson seconded a motion to approve a budget adjustment from the forfeiture fund. VOTE: Ayes: 4; Nays 0. 20.800 MHZ RADIOS FOR NAVARRE FIRE STATION Tony Roe, Fire Administrative Officer for the Long Lake Fire Department, has coordinated the purchase of 800 MHZ radios for the Navarre Fire Station. The total cost of the radios was $40,075.68. This included $35,879.44 for the radios and $4,196.24 for accessories such as microphones, chargers, headsets, etc. Tony was successful in obtaining a grant in the amount of $25,200 to fund the majority of the radio costs. The remaining costs are to be paid from the Navarre Fire Station Construction Fund. Murphy stated he wants to commend Tony in the record for his hard werk and because of his efforts he has saved the City approximately $40,000 on the cost of these radios. Murphy suggested that those in attendance at the fire station dedication approach Tony and thank him for his efforts on the City’s behalf. Murphy continued that Roe has been at the new station all the time making sure everything is moving forvv'ard for months and months and has handled and resolved a lot of difficult situations. Moorse stated that Tony has made sure the station is operational, meaning if he noticed something that wasn’t going to work during construction, he made sure it got flxed or changed so that when the building was done it was ready to go. Murpby moved and Sansevere seconded a motion to approve the payment of invoices related to the 800 MHZ radios for the Navarre Fire Station in the amounts of $10,679.44 to the Metropolitan Radio Board, and $4,196.24 to Ancorn Communications, Inc., to be funded from the Navarre Fire Station Construction Fund. VOTE: Ayes: 4; Nays 0. Murphy asked Moorse if he knew what Long Lake did regarding the items discussed at the Long Lake fire advisory committee meeting. It isn’t in the report anywhere - the pension, paying off the 2003 budget overage, etc. Moorse responded he believes he asked Steve Stahmers about these things and he doesn’t think the Long Lake Council addressed them. PAGE 21 of 23 itHii'niitinMlunt MINUTES OF THE ORGNO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o ’clock p.m. MAYOR/COUNCIL REPORT There were no reports. CITY ATTORNEY’S REPORT There was no report. *22. LICENSES SPECIAL EVENT 1.Applicant: Event: Location: Date: Time: Gear West April Fools Race - S Kilometer Foot Race Start and flnish at Holbrook Park, Long Lake. To cover Brown Road, Fox Street, Willow Drive and Grand Avenue. Parking for all runners will be at Gear West (1908 West Wayzata Boulevard). April 4,2004 8:20 a.m. - 9:30 a.m. 2.Applicant: Event: Location: Date: Time: Boyer Building Corp. 2004 Luxury Home Tour 2530 Fox Street June 11-13,18-20, and 25-27,2004 Noon - 7:00 p.m., Fridays, Saturdays and Sundays RESIDENTIAL KENNEL LICENSE 1.David & Heidi Hust 45 Smith Avenue 2.Gayle Talbot 80 Luce Line Ridge Marphy moved, Sansevere seconded, to approve all llceDses. VOTE: Ayes 4, Nays 0. *23. BILLS Murphy moved, Sansevere seconded, to approve payment of the All Funds Account. VOTE: Ayes 4, Nays 0. PAGE 22 of 23 Sansevere moved and Murphy seconded to adjourn the meeting at 9:46 p.m. VOTE: Ayes: 4; Nays: 0. ATTEST: im 1 04-2989 04-2984 u lii 04-2982 y 04-2995 04-2996 04-2992 O r >/ CP X AGEm)A FOR COUNCIL MECTINC SET FOR MONDAY, APRIL 12,2004,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA AitnA items Bc considered to be itmtiiie itaai to be enicted upon by oae aotsoD by the Qty Couadl under (ho CoDseot Bern* on the igeoda. Memos rtgaxding each of the AfEXuUiteaii ire avtilible in the PublkPicte-taciled on the counter near the lign in iheet qq| im PII h/IPFTING APR 1 2 2004ROLL CALL CONSEKI AGENDA 1. Appiove/Amand ^Ijy QF CP.CNO 2. Ocono Baseball Aiioditioo Request for Expanded Ure of BederwoodPuk APPROVAL OF MINUTES • 3. Regular Council Meeting of March 22, 2004 PARK COMMISSION COMMENTS - Pat Wolfe, Repreaentadve PLANNING COMMISSION COMMENTS - Roland Jurgens, Represeotative PUBLIC COMMENTS - Qialt S Miautes Per Person) ZONING ADMINISTRATORS REPORT 4. 404-2974 Reliance Development Coip.,Hwy 12/Willow Drive (Oudot A, Stonebay)- Compreheosive Plan Amendment - Text Draft 5. #04-2982 Lyle and Claryce Johnson, 1398 Rest Point Road • After-the-Fict Variance - Rjaaolution 6. #04-2984 McCarthy Construction, 274S Kelley Parkway-PUD A^eement and Resolution 7. #04-2989 Christopher Dieseo, 1100 Townline Road - Preliminary Plat Approval - Resoluboo • 8. #04-2992 RonPotaa,2190ShadywoodRoad-Variance-Resolution • 9. #04-2995 JylaodHomes, 1070WestFemdileRoad-Vviaace-Resolution • 10. #04-2996 Jyland Homes, 1070 WestFemdale Road-Street Vacation-Resolution • 11. Joint Use Dock licenses MAYOR/COUNCIL REPORT PUBUC SERVICE DIRECTOR’S REPORT 12. Accept Quotation fbrPsik Mowing Services OTY ADMINISTRATOR'S REPORT 13. liquor Application for Paul Ode - Resolution 14. Appointment of Planning Commiiaion Chair and Vice Chaiifa) 15. Reapporntmeot of Pvks, Open Space and Trails Commiasion Member 16. Requ^ Approval to Purchase 2004 Squad Cars 17. Request Approval to Advertiae, Test, and Hire Part Tima Police Office’ 18. Approval to Dispose of Unclaimed Property 19. Long Lake Fill Depactimt Budget 20. Study Regarding D^ebpmentStsndirdi 21. Hiring ofSeafonalStafffbrthaOraie Golf Course AGENDA fOR COUNCIL MEETING SET FOR MONDAY, APRIL 12. ORONO <X)UNCIL CHAMBERS, 2710 KELLEY PARKWAY, ORONO. MINNESOTA OTY ATTORNEY’S REPORT 22. UCENSES Kennel licenses liquor license Speciil Event Permits Tobacco license • 23. BILLS UPCOMING ISSUES AND EVENTS 2004 04/12-CouneflMeeting.7:00pm. ___i a .1 04/15 - Highway 12 Wbnnatiooal Meeting, 7:00 pm, Orooo School Anditcman 04/19 - Plaoniag Commission Meeting. 6KX) pm (Council Liaison ^JimMwphy) 04/21 - Local Board of Appeal and Equalization, Wednesday, 7:00 pm 04/26 - Conca Meetini. 7:00 p.m OS/Ol - Spring Diy. Saturday, 8:00 am - 2:00 pm 05/03-Paik CoBuniitoMeBting, 7:15 pm fCtxoici/Luwon -Jbii irWtql OS/CS - Plaooiaf ConiafiaD Wodc Saadon. IFa^dqy, 5.30 p.m 0V06-Council WodtSemton.TEMTjdto'. P-»* ^05/01 - Sprisf CU»ip Day - Coaalmtion Ddbria Only. Safurdqy. 1:00 am - 2.00 pm 05/10 - CosbbQ Masting, 7:00 p.m Qj/^7 . pjainiBg CoiDi&iHion MastinSi 6iX) pm (CouncilUaisan—Miyty Application Date: December 17,2003 Initiai 60-Day Review Period Expiration (Site Pian & PUD Rezoning): February 15,2004 60-Day Extension Notification Faxed on 2-13-04, Extension to: April 15, 2004 120 Day Review Expiration (Subdivision): April 15, 2004 Request for Extension to June 15, 2004: April 5, 2004 (No extension received as of 4/8/04) COMMrii ^tPFTING APR 1 2 2004 CITY OF GKO.\'0 REQUEST FOR COUNCIL ACTION Date: April 9, 2004 Item No.: ij Department Approval: Administrator Approval: Name: Michael P. Gaffron Title: Planning Director Agenda Section: Zoning Item Description: #04-2974 “Stonebay Marketplace", Relianc e Dev. Corp., NW Quadrant Hwy 12AViIlow Drivt - Proposed Commercial PUD Development: Approval of Proposed Comprehensive Plan Amendment Text List of Exhibits A - Notice of Council Action 4-5-04 B - Current Map 3B-7 C - Draft Council Minutes 3-22-04 Existing 2000-2020 CMP Text Tlie text below is excerpted directly from the 2000-2020 Community Management Plan as an introduction to the proposed amendment text which follows. Land Use Plan, CMP Section 3B, Pages 3B-37 thru 3B-40 Urban Commercial Land Use Urban conunercial development is limited to two areas which are provided with all the necessary urban services and facilities. The major commercial center of Orono will continue to be the crossroads center ofNavaire. This area will provide sufficient opportunity for .eighboihood retail and service businesses, plus adequate professional offices, to ser\'e the needs of most Orono residents. Accessory functions such as offices and owner-occupied living units or limited multi-family developments will be considered appropriate in or near the Navane commercial area. The scale and type of retail uses m a pedestrian-friendly environment is the most important development parameter for the Navanr commercial area. The City will encourage redevelopment of individual commercial sites in Navarre to allow for an expanded range of neighborhood services and local small business opportunities. . i i i. <^M-2974 Stoncbay Outlet A CMP Amendment Text April 9,2004 Pace 2 An additional commercial area is designated along Highway 12 where the availability of transportation and utilities as well as proximity to similar commercial developments in Orono and Long Lake, make commercial use appropriate. Orono will coordinate its commercial development planning related to the Highway 12 area with the City of Long Lake to ensure the Long Lake downtown area remains vital and viable, to focus retail development in a compact downtown retail area, and to prevent the extension of retail development west of Willow Drive in Orono. The retail development in the Highway 12 area will be community/neighborhood scale rather than ‘big box* regional scale development. The types of retail uses will be those that focus on providing services to the residents and businesses of Long Lake and Orono, while also drawing from the traffic stream that will be on current Highway 12 after the Highway 12 Reroute is open However, the retail development is not to draw substantial traffic from beyond Orono. The development plans for the Highway 12 area will encourage locally-owned and operated businesses that provide services to Orono and Long Lake residents. Additionally, the Highway 12 retail area will be a pedestrian-friendly area. This involves providing trails/sidewalks along the roadways providing access to the retail uses. It also involves providing public amenities that provide a sense of place and provide a gathering place for the public.” The above existing text segments appear to remain appropriate and accurate as written, hence no changes are proposed to this section. Current CMP text, continued: “The two commercial areas along Highway 12 within Orono are identified in 3B-7 and include the following: 1.Property abutting the north side of existing Highway 12 (Wayzata Boulevard) from Brown Road North to Willow Drive. This area was reviewed as part of Comprehensive Plan Amendment No. 2 in 1989, resulting in a guide plan calling for commercial uses abutting Highway 12, with primary access to a service road connecting fix>m Brown Road to Willow Drive, and elimination of direct access to Highway 12. The a»”a is currently boundet' on the north by existing residential development at densities rangmg from 1 unit per ? acres to 1 unit per 1.3 acres. . I i u i ii i 1 4 M4>2974 Stoncbay Outlet A CMP Amendment Text April 9,2004 Page 3 teiiii'iiSi The western halfofthis area has since been developed viaPUD as a nursery/garden center with included leasable commercial spaces. The east half of this area includes a strip shopping center, a new 10,000 s.f. ofTice building, and a vacant 6.S acre parcel at the northwest quadrant of Brown Road and Highway 12. The City Council in February 1998 adopted a General Concept Plan for development along Highway 12 indicating that the Council's vision includes community scale retail development (as opposed to regional or *big box * scale development) focused in a more compact area in or near downtown Long Lake (closer to Brown Road than to Willow Drive, at least in the short term) for the following reasons: 1.Focuses on downtown Long Lake remaining a strong retail area, and helps preserve owner-operated small service businesses in Long Lake which are vital to Orono and Long Lake residents. 2.Focuses on maintaining a vital downtown and "sense of place" for both Long Lake and Orono. 3. A compact retail area encourages pedestrian activity. 4.It is easier to plan, coordinate and control the development of a more compact retail area than an extended retail strip. 5.Focusing development toward Brown Road could strengthen the ability to obtain desirable development on the north side ofHighway 12 east of the Otten Brothers Nursery. 6.Enables better control over the amount of retail development that occurs along Highway 12. 7. 8. Provides the opportunity to generate stable jobs in office, high tech, medical, etc. A more compact community scale retail area matches the design of new Highway 12 with no interchanges through Long Lake. 9. Limits the impact on north/south roadways (i.e. increased trafiBc and activity levels) as compared to the more intense *‘big box” retail uses. 10. Maintains a lower activity level in die area west of Willow Drive. . I M04-2974 Stoncbay Outlot A CMP Amendmcnl Text April 9,2004 Page 4 11. Would create less pressure for providing an access from new Highway 12 to the retail area. Accordingly, this area should be developed with a mix of commercial uses including retail, service and office components. Access via a service road paralleling Highway 12 should still be required rather than direct access to Highway 12, since existing traffic levels along Highway 12 are expected to remain at a level which makes direct all-way access difficult and dangerous. The Highway 12 re-route ("proposed Highway 12") when completed in approximately 2007 will have a significant impact on access for this area, because current Highway 12 traffic levels are expected to increase between now and 2007, then should drop dramatically when the Bypass opens. However, traffic levels on "old Highway 12" after 2007 are expected to again creep upward, and the long-term need for a service road may again mani fest itself For this reason, it is in the best interests ofthe City and the business community to preserve at least a partial service road corridor between Brown Road and Willow for future use, that will provide all properties with access options other than direct access from Highway 12. The City supports the development ofa "mid-point" connection to Highway 12 directly across from Brimhall Avenue, such access to be at least a right-in, right-out configu.ation. Further, if and when the service road is constructed, all other existing accesses directly to Highway 12 should ultimately be removed.” While certain elements of the above section are out of date or no longer accurate, this section does not pertain to the areas west of Willow Drive. Further, the list ofreasons forfocusing retail near downtown Long Lake are not explicitly pertinent for the area west of Willow, as written. For these reasons, staff is not proposing any revisions to the wording of the above section. Current CMP text, continued: 2.Property abutting the north side of existing Highway 12 from Willow Drive to Old Crystal Bay Road. This area (shown on Map 3B-7 as the ‘commercial ’ portion ofPaicel Group I) currently is vacant property, comprised of 3 tax parcels with some 2600 feet of Highway 12 frontage. As part of the 1989 Comprehensive Plan amendment, the City guided the portion of this area directly adjacent to the north side of Highway 12 for commercial development. At that time, the City was not clear about the type of commercial development that should be planned for this area. Through joint discussions with the City of Long Lake regarding development along Highway 12, the City has determined that the optimum development in this area would be office development Office development can 1^ i»a < n i #04*2974 Sloncbay Oullot A. CMP Amendment Text April 9.2004 Page S provide services for Orono residents, can provide facilities for businesses owned by Orono residents, and can provide quality employment opportunities. The development of this area for office use versus retail use enables the Highway 1 2 retail area to remain a more compact pedestrian-friendly retail area versus a non-cohesive extended strip ofretail development. Access to all office uses will be via a service road connecting Willow Drive and Old Crystal Bay Road, with no direct access points onto Highway 12. Development of this service road began in 1991 with the extension of Kelley Parkway eastward from Old Crystal Bay Road. The City's intent is to have a single tier of office uses between Kelley Parkway and Higltway 12, with primarily residential uses north ofthe service road. Due to construction o f a stonnwater retention pond by MnDOT midway between Old Crystal Bay Road and Willow, and the City's intent to develop the area north of the service road residentially at a density of 2-6 units per acre, the opportunities for large office sites are limited. As many as six 2-2.5 acre office sites can be developed along the Highway 12 frontage while still allowing the intended residential development to occur. This area is guided for office use with minor retail and service uses allowed only as accessory uses to the office use. “Big box” retail usewill not be allowed within this area. The above section of the CMP, along with Map 3B- 7, should be amended to reflect the intended conversion ofOutlotA, Stonebay from primarily office use to primarily retail use. The following amendment text is suggested for Councirs consideration: “The portion of Parcel Group I between Kelley Parkway and Highway 12 as depicted in 3B-7 is subdivided into four tax parcels for commercial development. Each ofthe four parcels abuts Highway 12 on the south and Kelley Parkway on the north. The most westerly parcel, at the intersection of Highway 12 and Old Crystal Bay Road, is 2 acres in area and has been developed for dental office use. The 2.5 acre parcel directly cast of the dental site is currently being developed for medical office use. The third of the four parcels is Out lot D of Stonebay. a 3.5 acre parcel likewise guided for office use and anticipated to be developed for office use during the period 2004-2006. These three abutting parcels are located across Highway 12 from the Orono Industrial Park which in the past has been used for processing and manufacturing. The industrial park has potci:;..- for redevelopment and is guided to encourage conversion to light industrial high tech uses, as well as office-showroom. Th. City docs not intend to allow commercial retail or service uses within the industrial paA. 1 r #04-2974 Stoncbay Outlot A CMP Amendment Text April 9,2004 Pagc< The fourth parcel, Outlot A, Stonebay, 3.S acres in area, is located at the northwest quadrant of the signalized Hij^ay 12/ Willow Drive intersection. Outlot A is remotely located from the first three parcels, separated firom them by a regional stormwater pond. The opposite three quadrants of the 12/Willow intersection are developed with retail uses; the NE quadrant is a garden center with adjoining retail shops; the SE quadrant is an off-sale liquor store and coffee drive-thru; and the SW quadrant is a convenience store / service station. Outlot A and the three other parcels between Kelley Parlcway and Highway 12 are currently guided for office use with minor retail accessory to the o ffice use. The purpose of this guiding was to avoid creating a substantial retail center with its attendant traffic and visual impacts, and to avoid the expan.: on of retail substantially westward fiom its current terminus at the intersection of 12/Willow. This goal has been to a great extent met by the office developments completed, underway and anticipated west of the regional storm water pond. The Stonebay residential development immediately north of Kelley Parkway will eventually include approximately 160 residential units. That development was approved with the concept of walkability in mind, including ample sidewalk and trail connections to the commercial areas to the southeast as well as to the City facilities and Orono Schools campus to the west. The Stonebay residential development will result in a mixed use neighborhood, with residential, office and institutional uses. This mixed use neighborhood would benefit from nearby neighborhood-scale retail uses that would serve the neighborhood. The retail uses that would most benefit the mix of residential and non-residential uses in the neighborhood, would be a nei^borhood-scale pharmacy/convenience store and neighborhood-scale food-oriented uses. This amendment to the 2000-2020 Community Management Plan re-guides Outlot A of Stonebay to additionally allow for neighborhood-scale retail uses, as an alternative to the office use for which it is currently guided. The definition of'*neighborhood-scale retail uses” for Outlot A includes the following parameters which must be adhered to for any retail use developed and maintained on the property: No individual buildings greater than 15,000 s.f. gross floor area. One building must be a pharmacy /convenience store. The remaining buildings shall have no individual tenant space greater than 5,000 s.f, except for food-oriented uses which may occupy a space greater than 5,000 s.f The most westerly building on the site shall be oriented and designed in a manner that focuses on the regional pond as an amenity for customers or tenants. I 4 : I '1 i I i ■i . i . . iisadiHSasia ,yf ' M4-2974 Stonebay Oiitlot A CMP AmcadmcntTcxt April 9,2004 Buildings on the site shall be oriented in a manner that focuses storefronts and store entrances towards the center of the site rather than strictly toward Highway 12, with a goal of providing an inviting vehicle and pedestrian entry from Kelley Parkway without creating negative visual impacts for the Stonebay residential development." Architectural design and details shall be carefully prepared by any developer of the site to ensure a hi^ quality of design, compatible with the quality of the office buildings on Kelley Parkway, and shall be subject to City approval through the PUD process. Building materials shall be high quality and durable, shall be compatible with the quality of the o£5ce buildings on Kelley Parkway, and shall be subject to City approval through the PUD process. Staff Recommendation The above text will accompany a revision ofMjq> 3B-7 to reflect the location of Outlot A, and text within the map will be revised to note the guiding of Outlot A »o reflect the above parameters. If Council approves the text, this amendment will be forwarded to ihc Metropolitan Council for review and acceptance, as well as to adjacent Cities for comment as required by Met Council. COUNCIL ACTION REQUESTED Motion to approve or amend the Comprehensive Plan Amendment language for Outlot A, Stonebay and direct staff to proceed with an application to Met Council for approval. f lit ♦ <i <4 11 o ■ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- . i i * i « ib i I & i r f CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #04-2974 NOTICE OF COUNCIL ACTION DATE OF NOTICE: April 5. 2004 TO: John Trautz Reliance Development Co. LLP 1000 Rand Tower 527 Marquette Ave. S. Mimjcapolis, MN 55402-1327 COPIES: Frank Dunbar Dunbar Development Corp. 5000 Gtenwood Avenue Golden Valley, MN 55422 Vicki Van Dell Landform 650 Butler North Building 510 First Avenue North Vlinneapolis, MN 55403 TYPE OF APPLICATION: 1) Comprehensive Plan Amendment2) PUD Rezoning 3) Commercial Site Plan Review 4) Prcliminar>' Subdivision DATE OF MEETING: March 22. 2004 Council took the following action: Motion: To grant conceptual approval for a Comprehensive Plan Amendment to reflect the conditions in the March 1, 2004 letter to the applicant. Vote: 4 Ayes 0 Nays Applicant's next scheduled meeting is confirmed as: City Council - Monday, April 12, 2004; meeting starts at 7:00 p.m If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the Council. R^w Period Extension: State law provides that Cities shall make decisions on zoning requests within 60 days from the date of application, and that this review period may be extended by notification to the applicant. Your applica.ion was received on December 17,2003 and the initial 60- day review period scheduled to end on February 15, 2004 was extended to April 15, 2004 by notification to the applicant on Febmary 13, 2004. Because certain elements of your application have been tabled by the Planning Commission, final Council action cannot occur prior to the April 15 deadline which currently affects the Comp Plan amendment, PUD rezoning, subdivision and site plan approval. Therefore, we must request that you provide an additional Review Period Extension in writing prior to the April 12 Council meeting to avoid Council action to deny the application. City staff recommends an additional 60-day extension to June 15, 2004, If you have questions, please call Planning Director Mike Gaf&on at 952-2494600. A I *i ii HLE #04-2974 :OUNCIL ACTION ICE: April 5, 2004 ank Dunbar inbar Development Corp. 00 Glen wood Avenue }lden Valley, MN 55422 cki Van Dell mdform >0 Butler Nonh Building 0 First Avenue North r.ineapolis, MN 55403 Amendment to reflect the conditions Vote: 4 Ayes 0 Nays itarts at 7:00 p.m ^ arc available from the City Recorder II make decisions on zoning requests review period may be extended by December 17,2003 and the initial 60- was extended to April 15, 2004 by ain elements of > our application have n caimot occur prior to the April 15 T) rezoning, subdivision and site plan IdidoBal Review Period ExtensioB kvoid Council action to deny the extension to June IS, 2004. Gaffion at 952-249-4600. J ISTHAV.N. 1 wayzatab L vb 'T —ljIj -----; \ I'TT-TT-iL-L -.<J» as ■■ilSudgaSBiiB □ tNL: L r //^^RTOWwSo ece^X ir0t^p(3\ Parcel Group 1; vti uSnodnd K«n«y PamMy. nmn north ct Kahoy ParkMwy ptannod lor Existing Zoning: RA-1B Sif^ Famty RunI AoPdontlfl. 2-Acro Mlrtlinum mJMamly uMB a ■ dom^ or 34 uniti pof oert. Parcel Group 2: -------------------------------------------------------------------------------------------------------- E*!Bl.ng Zoning RR-1B Slntfo F«nly RunI RoPdonlW. ^Acft MlrPtium EjUtlmg0 JdoPlan: (iflSO)SinglBfdnlyruroinBtdBmiBiuotatBdBnaiiyoM unKporZacroo. Pfopotnd Oiidt Pi»t MAinof unonihgiiondnmtManiyntldtnuoii«ot olid»««y of2-4uniuporocn. Parcel Group 3:--------------------------------------------------------------------------------------------------------------- Emltlirsg Z9Wig RR.1B Binge Fvndy Runt RotknntM.2<AefiMirimum Ejutung Ouido Pion (l9BO)91nglBfPmiynjfOif»BidonttBJuotilodtnaiyoM idtiIpBfZi PropOMd OuidB Plan: Binylo fomly urtin roitdirtloi uto a ■ dinoBy of 2-3 uniti par itro. Commarclal Area Botw—n Willow Dr. and Brown Rd.: E.«n,Z.n^: t? CilS>XB£SrSSS.'^'‘ •poroximowy^S unKx par ncm Highway 12 Areas Proposed for Change City of Orono Minnesota 12S0 1290 2900 HUt MAP 3B-7 M ■»< . I i i i i Ul^ \ \ MEWTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. Gaffron stated that the address could be addressed. Burke responded tliat he could spe with his partners. Gaffron stated in staffs opinion the sign at 12’ or 12’ 8” is pushing the jirnit, especially for ui office use. White suggested making the Orono Professional Center in smaller letters or putting on a lower sign and then the tenant names couldIbe larger. / \y \^ •VSaasevere stated the sign exceeded and interrupted the rooflinc and it would be more visually pleasing if one-foot lower. Murphy stated the Council has gone a long way on previous issues related to this project. \ Applicant Burke also stated they went a long way.\ Murphy moved and Mayor Peterson moved to deny the application bas^ on staffs recommendation that the sign not exceed the 12’ 8” height approved vyitnN)(^e building permit VOTE: Ayes 4; Nays 0. 11. #04-2974 RELIANCE DEVELOPMENT CORP., HIGHWAY 12/WlLLOW DRIVE (OUTLOT A, STONEBAY) - COMPREHENSIVE PLAN AMENDMENT Gaffron explained Planning Commission tabled this item on February 17 pending a joint work session with the Long Lake Planning Commission, which was held on March 3. At that work session, the commissions exchanged infomu-tion about current and pending activities along the Highway 12 corridor, and discussed whether iczcning of this site PAGE 20 of 29 C / / V’ li.ll MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. might impact redevelopment efforts in Long Lake. Each commissioner in attendance drew his/her owr. conclusions regarding that discussion. On February 17, Planning Commission also established a list of acceptable uses for the property if it is rezoned. The Planning Commission refined this on March 15; the revised version is attached as Exhibit C. Murphy inquired what the list of uses meant. Gaffron responded by saying that when the property is rezoned there will be a list of allowed uses for this property and if any approved uses on the list becomes a drive-thru there would be CLT on the permit. On March IS, Planning Commission concentrated primarily on determining whether to recommend that the Comprehensive Plan be amended to re-guide the site to allow primarily retail uses, rather than the primarily office uses for which the site is currently guided. -On a vote of 6-1, the Planning Commission recommended that the Comprehensive Plan not be amended to convert from office to retail uses; -Indicated that if the CMP amendment and rezoning goes forward, they are in complete agreement with the concepts expressed in the March 1,2004 letter authored by Gaf&on; and -Noted that if the CMP amendment and rezoning goes forward, with a minor revision to make all “permitted uses with drive-thru ’s” a conditional use, they agree with the list of reconunended ^owed uses. Gaffron slated he included portions of the draft minutes of the Planning Commission n.eeting of March 15 for the Council to review their concerns and opinions. PAGE 21 of 29 • » • t • 1 ll'i t; MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. Staff recommends that if the goals and parameters of the March 1 letter are met that a primarily retail development would be appropriate for this site. Site plans review to date has not met these conditions. Staff and the developer need clear direction as to whether the Comprehensive Plan amendment has Council support. If Council confirms it will accept a CMP amendment to convert the site from office to retail if the parameters and goals of the March 1 letter can be met to the Council’s satisfaction, the developer than can proceed with further plan revisions and work toward an approvable plan. If Council grants conceptual approval, staff envisions the following steps: 1 . Staff will, within the next 2-3 weeks, draft text for an amendment of the CMP that incorporates the specific goals and parameters under which retail uses will be allowed for this site. 2. Once Planning Commission and Council have accepted the text, a formal Comp Plan Amendment application to the Metropolitan Council will be commenced. 3 An ordinance for rezoning the site to B-6 PUD incorporating the ^tablished parameters for development and allowed uses will be dndled for Planning Commission and Council action. 4. In the meantime, applicant will continue to work with staff to draft a plan that meetings the goals, parameters and conditions established in the March I letter. There have been 22 plans and Planning Commission has not seen Plans 21 or 22. Sansevere asked Gaffron about how well the applicant has proceeded toward meeting the parameters of the March 1 letter. Gaffron responded they have finally come to a plan that changes the concept of moving the Walgreen ’s around and one retail building will house a bank ard he said he hasn ’t seen Plans 22 or 23 yet They have worked for the westerly users of the site orient PAGE 22 of 29 I .1. I li i MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o’clock p.m. toward the pond as an amenity. They provided a little bit better focus toward the center of the site opposed to totally focusing towards Highway 12. The traffic engineer hasn’t looked the circulation and parking issues yet. Gaffron still thinks there is potential for impact on the neighborhood but they understand the need for screening will be critical. The last plan Gaffron reviewed was not complete in many ways and could be changed in a number of ways. Tlie key issue for Gaffron was that they went away from three separate uses, now we’re down to two uses, a drvv-thru issue usurping the west end amenity, a pond that sneaks through in-between the two halves of the building. He stated they are getting closer, but not there yet. Plan 23 was introduced to staff and Council and is made a record of these minutes, (and is attached with my paperwork). Sansevere stated that as far as he is concerned the applicant will proceed further if they keep in mind Gaffron’s recommendations. Plan 23 splits one retail building on the west to accommodate a drive-through between the buildings. Murphy noted the changes to the Walgreen site and inquired how Walgreen’s feels about the changes and will they do what is needed. The applicant responded they have seen this plan and turning the building they can accept. This building now has less parking around their front door which they don’t like, but getting a drive-thru on the east side may be more acceptable. Their primary response was that applicant should come back to them after they have something that can be passed by the Council. There is no certainly, but the applicant has confideice. CVS Pharmacy may have an intertJi, but are not being approached at this time. PAGE 23 of 29 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22, 2004 7:00 o ’clock p.m. Murphy stated he likes what is being proposed and are moving way down the path and he is supporting the retail and pharmacy use, but is more concerned that the applicant understands the parameters in the March 1 letter and take them seriously. Murphy further apologized to the applicant for the process. The applicant should never have come before Council until they had gone before the Planning Commission process and said if the applicant isn’t one to give up, neither is he at this point. White agreed with what Murphy stated on the process. He stated the site plan is much better and agrees with Gaf&on that it is coming along. White stated he is not opposed to making this site all commercial. Applicant stated there is not a Ici of interest frorr. banks. They haven’t given up yet and will try to incorporate. They have approached most of the restaurants growing in metro area and they suy the day population isn’t big enough to support a restaurant. In addition, because of the bypass, trafEc will be going down. Mayor Peterson took a poll of the Council that indicated all were in favor of moving forward toward a Comprehensive Plan amendment. She also indicated that one Planning Commission member was in favor of an amendment. Mabusth stated that she feels this application started off in the wrong place and that although she couldn ’t attend the meeting, the joint meeting with Long Lake was a great step forward and no one said they were against it. Mabusth stated she thinks it would be exciting to have a commercial development be in place for our neighboring community as Jiey face re-development and believes there is a spirit to continue to work together with the Long Lake Planning Commission. PAGE 24 of 29 1!.. i \ i l I . i .1 ! 1 1 1 : MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. White moved and Mayor Peterson seconded to grant conceptual approval for a Comprehensive Plan amendment to reflect the conditions in the March 1,2004 letter. Discussion was opened and Moorse conunented to clarify what the expectations are that: 1) We don’t want to say we are approving 30,000 square feet of retail Instead we want to be more specific and he believes the phannacy is key to this site and if Uie pharmacy is gone and we are just trying to fill up the space that is a different plan than is being talked about here. Gaffron stated that the City will establish parameters in the Comp Plan for development of this Outlot A that will include whatever conditions felt appropriate, whether this developer or any developer. Moorse responded to the applicant that we wouldn’t amend the Comp Plan to simply say “retail ”. We amend the Comp Flan to say it’s fine to do retail in this area versus office as long as the retail serves the neighborhood and fits these parameters. One of the parameters Moorse suggests would be it has to be a pharmacy or something that provides the same type of service uses that a pharmacy provides. 2) Moorse continued to say that the other thing he would suggest is. ‘he far westerly space has to be food oriented if it is all going to be retail because if it’s not then we have wasted that whole building. Applicant stated they have to get closer to the PUD using those parameters. Moorse stated it is not just the PUD, it is the Comp Plan Amendment language where the City would lay out those parameters so it is not a wide-open amendment. Gaffron stated to applicart that the rezoning goes band-in-hand with the PUD. PAGE 25 of 29 . I . h ti 4{ ill I . . I Si illiTYr iiirtt'i minutes of the ORONO CITY COUNCIL MEETING Monday, March 22,2004 7:00 o’clock p.m. Staff will begin drafting text for the amendment and begin to draft language for a zoning ordinance to reflect specific uses and bring it back to the Council April 12, 2004, This item will come back to the Council at the April 12 meeting and then go to the Planning Commission for rezoning. Staff will continue to work with the applicant to resolve any outstanding issues There was no further discussion. VOTE: AYES: 4; NAYS: 0. Mayor Peterson placed Item 21. in front of Item 20 to accommodate the Chief of Police. 21. MEMORANDUM OF UNDERSTANDING BETWEEN THE PARTNERS IN PREVENTION COALITION AND THE CITY OF ORONO Moorse stated this item relates to re-starting the drug enforcement effort and Chief Good has been putting a lot of hours in trying to pull together a grant application to bring money to the city for this project. In case the grant is denied, the City may have to use some money out of the forfeiture fund, which came from the drug enforcement effort. Those forfeiture fund monies can only be used for drug enforcement so staff is asking the Council to give authorization that if the City pulls the program together but don’t get tlie grant then monies from the forfeiture fund could be used to hire some part-time officers to fill shifts because a full-time officer will have to be pulled toward this effort. White thanked Chief Good for her effort. White moved and Murphy seconded a motion to approve a Memorandum of Understanding between the partners in Prevention Coalition and the City of Orono (Option 2 above). Barrett questioned the terms of the MOU and dates involved, but PAGE 26 of 29 .til From:RaiANCE DEVELOPICUr COPANV 612 338 8971 04/12/2004 16:34 #151 P.002/002 Iraft language for a zoning Lcil April 12,2004. ig and then go to the Reliance Development Company utstanding issues. modate the Chief of Police. EN THE PARTNERS IN )NO sment effort and Chief Good ant application to bring i, the City may have to use e drug enforcement effort sreement so staS^ is asking rogram together but don’t get d to hire some part-time be pulled toward this effort. ve a Memoriodum of ilition and the City of Orono MOU and dates involved, bat April 12, 2004 Mike Gaffron City of Orono 2750 Kelley Parkway Orono. MN 55323 Re: Stonebay Commercial City of Orono Zoning File #04-2974 Dear Mike Pursuant to your request and on behalf of Reliance Development Company, LLP, applicant for the above referenced development, I agree to extend the 0' /lication review period by 60 days to June 15,2004. Sincerely, Jphn C. Trautz ' r • :r%. cc: Frank Dunbar Rdiance Devdopmeat Coaipany. LLP. 1000 Rand Tower 527 Marquette Avenue. South Minneapolis, MN 55^02-1327 Telephone (612) 338-1000 Fsoimile (612) 336-8971 i Date Application Received: 01-12-04 Date Application Considered as Complete: 02>23-04 60-Day Review Period Expires: 04-24-04 COiiMrii MP=TING APR 1 2 2004 CITY OF 0R0.\0 REQUEST FOR COUNCIL ACTION Date: March 25,2004 Item No ^ Department Approval: Name: Melanie Curtis j(/l^ Title: City Planner ____ Administrator Approval:Agenda Section: Zoning Item Description: #04-2982 - Lyle & Claryce Johnson. 1398 Rest Point Rd - After-the-Fact Variance - Resolution Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre Lot Area: 0.24 acre (10,700 s.f.) List of Exhibits: A - Resolution per Planning Commission Recommendation B - PC Action Notice 03-16-04 C - PC Memo & Exhibi‘ ts of 03-15-04 Application Summary: Applicants are requesting after-the-fact hardcover variances within both the 0-75’ and 75 ’-250’ zones, and an after-the-fact lake setback variance for a lakeside deck. Planning Commission Recommendation On March 15,2004, Planning Commission voted 7-0 for the following: 1. Approval of the after-tlie-fact hardcover variance within the 75 ’-250’ zone for additional hardcover consisting of 60 s.f.. This would result in an area total for this zone of 42.4% (including approved deck with stair). 2. Denial of the after-the-fact hardcover variance within the 0-75* setback. As a result, portions of the newly constructed deck must be removed within 30 days. Stafl* Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. r 4* A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. G4-2982 WHEREAS, Lyle Johnson & Claryce Johnson, husband and wife (hereinafter “the applicants ”) arc the owners of the property located at 1398 Rest Point Road, within the City of Orono (hereinafter the “City”) and legally described as follows: Lot 3, Subdivision of Lot 14, Rest Point Park, Hennepin County, Minnesota (hereinafter the “property ”); and WHEREAS, the applicants have made application to the City of Crono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0-75 ’ zone of 60 s.f. or 1.14% and in the 75 ’-250’ zone of 2,356 s.f. or 43.2% for the construction of a grade-level deck.. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #04-2982. The property is located in the LR-IB single family lakeshore zoning district which requires a minimum lot area of 1 acre. 3.The Planning Commission reviewed this application at a public hearing held on March 15, 2004 and recommended conditional approval of variances based on the following findings and conditions: a. The applicants constructed a grade-level deck partially in the 0-75 ’ zone and partially in the 75 ’-250’ zone without obtaining appropriate permits or approvals. Page 1 of 5 I i 4. 5. b. Planning Commission finds no hardship to justify the requested magnitude of hardcover to allow the entire 12’ x 14’ deck as constructed to remain. c.Planning Commission finds that there is justification to allow an after- the-fact hardcover variance to allow a 12’ x 5’ deck within the 75’- 250 ’ setback zone as a doorway landing and seating area. d. Planning Commission finds no hardship to justify allowing the portions of the newly constructed deck which extend into the required lakeshore setback to remain. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 serv-e 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 Baseo upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision B to allow 2,312.9 s.f or 42.4% within the 75’-250 ’ setback zone from the OHWL where 24% is normally allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant as annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require ftirther Planning Commission and Citv Council r eview. Page 2 of 5 2. Hardcover in the 0-75’ zone shall not increase above the level of 0%. Hardcover in the 75-250’ zone shall be limited to 2,312.9 s.f or 42.4% per the annotated site plan and hardcover allowance summary as depicted on Exhib ’t A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Applicjint shall apply for a building permit for the new deck, and shall revise the deck to a dimension no greater than 5’ deep by 12’ wide, plus one step not to exceed four (4) square feet in area. 5. Required removals of structure and hardcover shall be completed within 30 days of the date of this resolution. 6. Authorities granted by this resolution run with the property not with die applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (April 12,2005). 7. 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. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this lesolution in the chain of title of the property. Adopted by the Orono City Council on the 12'*’ day of April, 2004. Page 3 of S •■f ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of __, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. IT Notary Public Page 4 of S •til STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on tnis_day of , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of tl^e City. Notar- Public State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me tliis ____________, husband of Claryce Johnson. ■*ay of ,2004 Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this __________, wife of Lyle Johnson. day of 2004 Notary Public Page S of S ------------- ExHiwrA s= ^>7» '5'-2^'s= <^S> 29.4 CONTOUR UC LEGAL DESCRIPTION OF PREMISES : Lot 3, Subdivision of Lot 14, Rest Point Pork LAKE MINNETONKA WEST ARM 0 (OOSJ) 1-910—— denotes iron nxjrker- denotes existing spot elevation, meon seo level dotisn denotes existing contour line, nneon seo level doton Beorings shown ore based upon on ossined dotun. Th:e survey intends to show the boundories of the obove thereon. It does not purport to show ony other in|>rovennsnts or encroachments. • •••V 03 OC Gunncii i 190 ft CITY OF ORONO 2750 Kelley Parkvi'ay PO Box 66 Crystal Btyi MN 55323 952.249.4600 ZONING Fn.E 04-2982 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 16,2004 TO: Lyle & Claryce Johnson 2737 Irving Ave S Minneapolis, MN 55408 COPIES: type of REQUEST: After-the-Fact Variances DATE of MEETING: March IS, 2004 Planning Commission recommended approval of the after-the-fact variances with the following stipulation: I. The deck be reduced to no greater than 12 ’ wide and 5’ deep with an allowed 3 wide stair not to extend into the 0-75’ setback from the lake. VOTE:7 FOR 0 AGAINST Applicant ’s next scheduled meeting is confirmed as: City Council - Monday, April 12,2004; Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner, Melanie Curtis at 952.249.4627. FlLE#04-2982 27 February 2004 . Pago 1 of 4 Date Application Received: 01-12-04 Date Application Considered as Complete: 02*23*04 60-Day Review Period Expires: 04-24-24 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Melanie CurtiSt City Planner Date: Subject: February 27,2004 #04-2982, Lyle & Claryce “Corky ” Johnson, 1398 Rest Point Rd, -After-the-fact Variance - public hearing Zoning District: Lot Area: LR-IB, Single Family Lakeshore Residential, 1 acre 0.24 acre (10,700 s.f.) Application Summary: Applicants are requesting after-the-fact hardcover variances within both the 0-75’ and 75’-250’ zones, and an after-the-fact lake setback variance for a lakeside deck. ___ ______________ Staff Recommendation: Planning Staff recommends denial of the after-the-fact variance requests. Hardship: Staff could find no hardship for granting the after-the-fact variance requests. Pertinent Zoning Ordinance Sections Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious sur face shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. Sec. 86-66. Permit Required. It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion, including but not limited to the general construction, plumbing, water well, on-site sewage treatment system, wood stoves and fireplaces, ventilating, heating or air conditioning systems, or cause such work to be done, without first obtaining a separate building or general permit for each such building, structure or separate component from the city. (Code 1984, § 12.02) d I- •« V ii FiLEi04-29S2 27 February 2004 Page 2 of 4 Lilt of Exhibit! A. Application B. Ha^hip Documentation Form C. Existing & Proposed Survey/Site Plan D. Submitted Hardcover Calculations E. Revised Hardcover Calculations F. Hennepin County Assessor Report 0. Aerial Photo H. Adjacent Property Owners Acknowledgement Form 1. Property Owners List J. Plat Map K. Photos Background The owners of 1398 Rest Point Road are Lyle and Claryce "Corky” Johnson. The property was previously owned by the applicant's parents, and is currently being used as rental property. In coxyunction with an interior remodel in the summer of 2003, a grade* level lakeside deck was constructed. The applicants were not aware that a building permit and hardcover, and setback variaiKes were required in order to construct the deck. The qiplicants have indicated that their project was to replace an existing, deteriorating deck. Staff has not found evidence that a deck previously existed on the property. A Hennepin County Assessor visited the site in the summer of 2000 and a deck was not noted on the site plan (Exhibit E). Additionally, staff has examined historical aerial photos and has been unable to conclude whether or not there was a deck or even a patio on the property. The applicants were asked for any photos documenting the deck and have been unable to locate any such photos. LOT ANALYSIS WORSHEET Lot Area/Width; LR-IB Lot Area Lot Width Required 43,560 s.f. (1.0 acre)140’ Actual 10,700 s.f (0.24 acre)70’ Setbacks for the deck; LR-IB Required Existing Proposed Lake 75’70’70’ NE Side 10’15’15’ SW Side 10’43’43’ I Structural Coverage: FILEf04.2982 27 February 2004 Page 3 of 4 Total Lot Area Total Structural Coverage 10,700 s.f (0.24 acre)Allowed: 1,605 s.f. (15 %) Proposed: 1,628 s.f (15.2%) Hardcover Calculations; Hardcover Zone Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover 0-75 5,245 s.f Os.f (0%) 60 s.f * (1.14%) 60 s.f. (1.14%) 75 - 250 ^5,455 s.f 1 1,363.7 s.f (25%) 2,356 s.f* (43.2 %) 2,356 s.f (43.2 %) After exclusion of fabric or plastic-lined landscape beds Lake Setback Variance The newly constructed deck is 14.S’x 12’. The deck extends 5’ into the required 7S ’ lake setback. The portion of the deck located within the lake setback Is S*xl2’ (60 s.f.). Hardcover Variance Currently the property has 43.1% hardcover within the 7S ’-250’ zone where 25% is allowed. The deck accounts for 2.1% of the hardcover within this zone where previously there was no hardcover. Within the 0-75 ’ zone there is a total of 60 s.f. of hardcover where none is jdlowed. The deck accounts for all of this hardcover (1.14%). Hardship Statement Applicants have completed the Hardship Documentation Form (Exhibit B), and should be asked for additional testimony regarding their application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unique to the Individual property under consideration, and shall recommend approval only when It is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. Staff finds that, absent the documentation of the old deck, there is no hardship for the size or location of the new deck. FII.Ei04-2982 27 Fibfv«ry2004 Pag«4or4 iMuct for Cons^dcnitioii 1. If Planting Commission concludes that a hardship exists, they should discuss a reasonable square footage and whether the deck should be required to meet the 75’ setback. 2. Are there any other issues or concerns with this application? Staff Recommendat.:^a Planning Department stafi reconunends denial of the after-the-fact variances as requested. The applicant should be allowed to construct a small landing for safety purposes. However, should the Planning Commission find a hardship to allow the after-the-fact hardcover variance, Planning Staff recommends removal of the portion of the deck extending into the 75* lake setback. L ■ II .i• = 'i ^ i i i City of Orono Variance Application EXHIBIT A Street Addfoss: 2750 Kelley Parkway Orono. MN 55356 liJLJ Main: 9S2-249-46C0 fax: 952-249-4616 Mailing Address: . p.o. Box ee Crystal Bay, MN 5532^4066 Application# OH Date Received: Amount Paid: iJi-oO, cro Staff: ' Fee:5600 Renewal: 5300 After-the-fact 51,200 Double Fee This application form must be completed In full. Applcant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: .. a j Site Address; /3 ‘74J> ^ Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): ;>iSI □ Yes, I own the adjacent parcels. Present use of property: p Residential □ Other \J^\^Zoning District: APPLICANT INFORMATION: (Complete iegal nar.es and marital status required for each Interested party) lame: OUcir\^ccy fb f H \Jdhn^')r^. _______________________________________________________________________ IPhone (home): IPI'I- tjyTi _____Phone (work): Address: "7J151 A/’g. • 4? H^mhCilfooUSt . fi/iN Email: Fax; OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: ^ ^ Johf^5oy) Phone (home): if 12^- ^ Address: '1^51 { K\/)ni') 12^’ 9m- lp9li An/z. < __Phone (work): Email:Fax: DESCRIPTION OF REQUEST: Estimated Project Cost; $ Describe the request In detail (attach additional sheets if necessary): ________________ Q r □□□□ REQUIRED SUBMITTALS: »on Wro"“ ox'orfor yo.- Pre-Application Meeting Form, completed by a City Planner Completed Application Form Completed Hardship Documentation Form □□ □□ wr 11 rorreprocuciion. -------- ahS-*^**i*m elevation views (provide one copy 8 5" x 11 ■ or 1 r y 17*^ Addrtional««™ may be requested by Cdy Staff deperujing o“me sc4e ofSte ^rcje,I^<: APPLICANT’S ACKNOWLPrtftPMBKrr. request ft. Applicant’s Signature: Applicant’s Signature:Date: j Date: //f. / OWNER’S ACKNOWLEDGEMENT: X°on"to me%X«1%”taff purposes of Investigation and verification of this request * Council Members for s: ift=Date: Dale: // /jt / Meeting. Planning Commission MeSing^ are^ormlnJ Commission Applicants must be present lt Tsch^Lf^^ each month. Council. If an applicant Is unable to attend a scheduled Planning Commission and have an authorized representative attend In place of arrangements to assigned to your project applicant and advise the City Planner #29 EXHIBIT B Page 1 of3 x( HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a oenial or approval recommendation. If you leave sometinng out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property In question cannot be put to a reasonable use if used under conditions allowed by the official controlsCoptic /T 2."The plight of the landowner is due to circumstances unique to his property not crewed by the lar^gwner.* jo / i > / * 3. 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." -JLM--------------------------------------------------- • %. . . *< v" 5^• / 4 ' 5. 6. 7. 10. Page 2 of 3 -Undue hardship also Includes, but b not Hmited to. Inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined In Minnesota Statutes, Section 1 16J.06, Subd. 2, when In harmi^ this Chapter.* -The Board of Appeals and Adjustments or the Council may not permit as a variance any use that Is not permitted under this Chapter for property in the zone where t^e affected person's land Is located.* -The Board or Council may permit as a variance the temporary use of a one-f^ly dwelling as a two-family dwelling. - 8. "The special conditions applying to the structure or land In question are peculiar to suchjgjpwty or Immediately adjoining property.* generally to other land or structures In the district In Vwhich s^laiyl Is located.- . The granting of the application is necessary for the preservation and enjoyment Of 3 8libSt3ntj3l DrOD^rtV rinht fhaa ^i^stanUa^^^ right of the applicant ! i I i rt 'K. % i- L- , Page 3 of 3 12.”The granting of such varianca wfll not merely serve as a convenience to the aoDllcant but ienecets^ry to alleviate demonstrably harxjehip or difficulty.* JLutA Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): •.9 •___i.’' I1. :il H E-i i o CO i-CD 5 "O > k. D O 0) Q> —•D JD CO > 0)0 3 0 >—O U 0>Q>0) XI'D >x: k. •CP ooCJC i- 0>3 «<«— •— 5 (D w.(0 O o-*-^ x:o CD o CO 0) CL c CO •D CO.--------O o CD XX3 •w i c TJ — o>.- >, C o k. CO c• »1 o c— oo“O o > CL c CO c ^ o •CO 3H- — o • mmm (D o o o —x: CO -f-'c X) O CO CD o •C c • •a: '>—o CD OH- o 0)XI •— O • to «k —k.c •4-» -»-» CO UJ Q>3 o O C -♦-» -M CO O Gl ^ O O k. c —13 0 0 —00 JC — Q. t CO O k.i :s -i->•o c LlJ o GL o "O C£.-j CD (0 CJ 0)O O 3 <J Ql CO o jc o a. o i-CP cn o -♦-# -4-» — (D Li_o i c c JD -k-' 1 O cn o o <Jc•4-^Q)•O >nXI C 1 mm z o C CO CO L_C -*-» -k-» <Do• mam o • mam o 0) k. €0 —CO k.X X o *0 03 Ikma 1 —• —o 0 c C Q.C O (D Cl >5 0 0*0 —(0 CO CO o k. ina0)<D x:>N Q. ^ o jQ •4-»cn 0) 0) — 1 z,m 3 o o o > "O CP (1UJCOccccnk. 0) o • j Q a;<D CP 3X3 k. c ( ••a -O “D c cn— o o :>rO k. CP 03 (0 <k.cn cj ^ 1 L.o 1 1 t o — CO T3 03 UJ O (D x: 03 cx: —J -J o • J od CD *o o • o O)^O CP• 1 1 1 CERTIFICATE OF SURVEY FOR LYLE Sc CORKY JOHNSON OF LOT 3, SUBDIVISION OF LOT 14 REST POINT PARK HENNEPIN COUNTY, MINNESOTA 429.4 COMTOUR LIC LAKE MINNETONKA LEGAL DESCRIPTION OF PREMISES ; Lot 3, Subdivlaion of Lot 14. Ritt Point Pork WEST ARM o (90fi.3) .^10-- — denotti iron marker. denotes existing spot elevotlon. mean sea level dotim denotes existing contour line, mean seo level ddtiim Bearings shown ore based upon an assumed dattm This survey intends to show the boundaries of the above described property, the location of on existing houf? ond garage, ond tne locotion of oil visible "hordcc *r** thereon. It dote not purport to show ony other improvsnsnts or encroochrants. GSDjmakksmkmm mimmmmwmmmnm mfummm uiwia« pnpniky m w tfSv le Mi •eMSrsfV scexr-w DATC 11-1S-03 EXHIBIT C o: QCao: •• • •• • • • • iyc€ f c#^icr mtd HARJDCOVE SETBACK ZOr^: (CIRCLE ONE) EXISTING HARP COVER tN ZONE A. House ___ LCULATION WORKSHEET 75-250' • 250-500' L«n|ih X X X B. Csrage C. Driveway X X D. Sidewalk X X E. Petio/Deck •' X F. Lendscape Underlain By Plastic Or Fabric X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A __________ + B PROPOSED Hardcover in zone* A. House X Un|^ X X X B. Oarage C. Driveway ■ ••••■ • X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plutic Or Fabric X X X 0. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ B SOO-IOOO' Width bO X 100 Width a m m X too S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.- S.F. SP. S.F. S.F. __S.F. __SP. s.f; SP. S.F. S.F. S.F. S.F. S.P.- SP. SF. S.F. S.F. SF. S.F. SF. S.F. S.F. S.F. H A B GO Cl v...’ IJ A B • • • • • nBITD d. YC€ i HA1U)C0VER CALCULAT1QN>V0R1<SHEET SETBACK ZONEt (CHICLE ONE) EXISTING HAEDCOVER IN 7.QNE A. House _____________ 0-75' X Un|Ui X X X B. Otrafe C. Onx-tway X X D. Sidewalk X X E Patio/Deck X X F. LandKape Underlain By Pluiic Or Fabric X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ + B PnOPOSEDHAnnCOVEn INZONE' A. House_____________ Uriflh X X X B. Oarage C. Driveway >M«i • • X X D. Sidewalk X X E. Paiio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X O. Other TOTAL HAPDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _____________ ♦ B 250.500' WMih XlOO - Width m m X too «■ soo.iooo* 1227. S.F.- H9tfse. Z3Z. “7lC S.F. S.F. S.F. S.F. 5 p . BtAC^Pp_ C0M6fiCrSSF.* S.F. S.F. S.F. S.F. S.F. S.F. S.F. SE SJ. S.F. S.F. S.P. S.F. S.F. S.F. SF. SF. SI. S.F. S.F. S.F. A S.F. B I I ff i i •[BITE HARDCOVER CALCULATION WORKSHEET &V 07.2^1 Ot-f SETBACK ZONE: (CIRCLE ONE) EJZilfiCS 0-75' EMSTINCHAB A. House Vi :< Lenflh X X X B. Oange C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic X X X O. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A LfO + B PROPOSED HARDCOVER IN ZONR A. House Lcngdi X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deek X X F. Landscape Underlain By Plastic X X X 0. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A 75-250'250-500'500-1000' width \1^ X100 Width IT- f B XlOO - uo UO. I- iq nq JJ^ c;q6 9 Hh.T- = le i Vk SJ. SF. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. SF. SF. SF. •/. A B SF. SF. SF. SF. SF. S.F. SF. SF. SF. SF. % V I ^ll\ A . V CITY tf ?h P.l O Of I' f-U Aonpgss Id V /'•- •" ‘ • ’ ^± 1 i V Urn !zS ic iy- o X Xu • * STYHT TYPE OtX ismm mis . * rtvf Ji •* ^‘4 aw SSI Is =■ I-'■•<(■ ''pI.. • • I'S RCNTAIS - SALES DATE CONSIDERATION RENTS BUILDING PERMITS DATE NUMBER TYPE AMOUNT lil3 kJ mm T DATE DIMENSIONS V */ « s */ z » in « _—. * _ _ _ _ X _ _ _ _X _ _ _ _ X _ _ _ _ X X /-Z-. -za PORCHES , X_ _ _ _ X _ __ DECKS GARAGES lO_ M l9 * lO OTHCn BUILDINGS SQ.FT. '/?fA 5Vd fJ^O COMMENTS 4' • ".-r'-'y-' ’—'St* :^. • W-* ' *'»-*v. •.**"• -■ t % L'-'tfS. ^ 'm m vT» *'"-.T»'V'^'* i * . /rt . • *. r )f'S I '' •/. n) » / W:NTALS - SALtS DATE I CONSIDERATION RENTS DIMENSIONS V */ « s •/ SQ. FT. 'S>A_ /cL •Z'/ / n - s«/<D TYPE DECKS r)('7‘ garages /O * lB OTHER BUiLOINCS BUtLOWG PERMITS DATE INUMK^ TYPE 1 AMOUNT 7^ COMMENTS DATE • \** **>> -Ji -%. 7“ V^u”.' F ‘ »•< ' *t;A k « -# ‘it ^•k:r'v.-. •-■ ."4 ’. »%' V* <\.. 4" fev^»:v V A. -':•■ '* %*. % f •-K' m f-'-iV. , !> '; vi >- i'/." ' :.l-' *-0,."'Wv'S- v'i-.. . <;^-.- v-N wZ ‘ iS5 •' ii^' 5 /i '• »> ' ■ c-»'/ •■-• '■;; ■.'r-vi;. > <1 ■T i L. Exhibit H Adjacent Property Owners' Acknowledgement Form I (we) /C J/ fJil /5 f [print name(s)] [print address] have re'vriewed Ae plan^fbr the proposed improvement or proposed use of the property located at /J also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Property Owner Date I (we) Av/A/ g Jn Q \K1 / ) I > a vr, o of $. Pa c 1^PT. ^ A fS [print name(s)] [print address] have renewed ^e plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No.________ I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of ttiis Land Use Application, please submit your comment to the Building & Zoning Office at least 10 days prior to the scheduled meetizvg date. I ;V— ___2 RUN DATE :2/IOOum 31 0711723)30001 JOTADOR 1410 RESTPOIMTRD VNERNAME ROBERTO BREDESON JffAYER ROBERTO BREOESON JIBADDR 5MOSTCROIXAVECWO golden VALLEY MN 55422 31 0711723)30004 DTAODR I3M REST POINT RD VNERNAME LICJOHHSONACBWmOON JCFAYER LYLBKJOHNSON iMEMDOR MPLSMN 55401 HENNEPIN COUNTY PROPER!. «FORMATION SYSTEM PROPERTY OWNERS LIST CE: I 3S 0711723330007 X3PAOOR 1300 REST POINT RD wnbrnamb jowhschwarttmanetal tXPAYER ^ SCHWARTZMAN gidE/AOQR I3B0 REST POINT RD MOUND MN 55364 38 0711723330002 PROPADDR 1400 RESTPOIMTRD OWNER NAME ULUAN D WILLIAMS ^y^^^^YER LILLIAN D WILLIAMS NAME/ADDR 1400 RESTPOIMTRD MOUNDMN 55364 38 0711723330005 PROPADDR 1390 REIT POINT RD OWNERNAME PAN WALSH taxpayer PATMTKJ WALSH NAME/ADDR 1390 REST POINT RD MOUNDMN 55364 38 071172333001I PROPADDR l)«5 RESTPOINTRD OWNERNAME DWAJLRAHN YA3CPAYER DAVH) W A X)DI L RAMN NAME/ADDR 1385 RESTPOINTRD MOUNDMN 55364 38 0711723330003 PROPADDR 1406 RESTPOINTRD OWNERNAME LR HORN AM HORN TAXPAYER LESTER R* MYRTLE HORN NAME/ADDR 1406 REST POINT RD MOUNDMN 55364 38 0711723330006 PROPADDR 1386 RESTPOINTRD OWNERNAME 3TNYCARDAKMNYC3ARD TAXPAYER JTNYOARDAKMNYGARD NAME/ADDR 1386 RESTPOINTRD MOUNDMN 55364 3S 0711723330013 PROP/VDDR I40S RESTPOIMTRD OWNERNAME CCAVBMOERABCAVENDER TAXPAYER C CAVENDER A B CAVENDER NAHE/ADOR 1405 REST POINT RD MOUNDMN 55)64 r exhibit J iciitrx?frti: ^ ‘ I • i * . J fr.r?T >1^ > /«. ;,o'.. . t . • Vv’f;. /? • /4 ij: - ^ri:y ^* ■ • ri • *.' ''>u MKffl • .V ' • ^ im‘ >fe-..mi 1 it '< s-i V / J -4 t-)r&-r>jE IVA ' «l 5^’^'k: ml -> * /-fc * ' .f . *VT * f H , •*irr '•t'.{%•> '”(* - ■ rl»’t ii§ .‘••t-rr-*'; " I' , r > TN ^ ■v->0^» •■ 'w • V Z' •^..4 *. i ' ■W^yJ^'.:.>it:^S:'>:>^l-.l:, \., ■ T‘ b ’wi-*;';'' ,.■' ■;W^;;jM 0' '••’ V-5i^fc.‘.''. •v.tiii.kwu- r :m • '. '■.A*'^ii 5'''« < , ^■ '•V ••.>• • • «»«^V , « V^,V'r»• • -. *-^?it. ^• .;y ’M f"*^' 11 ■■'S iV ,.«ij?| ■'. vr'.j»|.a'-Sk'^' ’^yf! •■^5r«m ti 1j[«i __I___I__.p ^1 ■;: 2mm'ES'jss?o:£;sis® eim ffn lix d;i'.H P:?Wv] ji >;: • I®®isS'IS I mill I unliiiii ^ -"I •V* r jS^ ii-«*©Jda«i'^•*fv.<, . -y>i.: ■ A%-y •atfpy V-m m^' ■J**''*'fc *• • *■-“'‘* W t" 'w. ‘ «•’:'•* - # • H •sHi- 9^' ■'V?*-^'- r Dale Application Received; 1-21-04 Date Application Considered as Complete: 2-11-04 60-Day Review Period Expires: 4-11-04 extended to 6-10-04 REQUEST FOR COUNCIL ACTION Mf-'FTING APR 1 2 2004 CITY OF CRO.\0 Date: April 9, 2004 Item No.: L/' Department Approval: Name: Janice Gundlach^ Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #04-2984, McCarthy Construction on behalf of Berkshire Properties, 2745 Kelley Parkway - Commercial Site Plan Review Zoning District: Lot Area: Lot Width: B - 6, Highway Commercial District/PUD, Planned Unit Development 2.56 acres (111,308 s.f.) 376 feet List of Exhibits A - Resolution B - PUD Agreement C - Review Period Extension Letter dated 4-8-04 D - Council Action Notice dated 3-10-04 £ - Letter from Planning Director dated 4-8-04 Regarding Required Fees Application Summary: Applicant requests a commercial site plan review in order to obtain a building permit to construct a 36,000 square foot medical office building. Planning Commission Recommendation Approval of the plans as submitted with a unanimous 5-0 vote. Staff Recommendation Approval of the commercial site plan review incorporating the Fire Marshall ’s comments. COUNCIL ACTION REQUESTED Approve the Resolution and PUD Agreement granting a commercial site plan approval for 2745 Kelley Parkway. f r A RESOLUTION GRANTING COMMERCIAL SITE PLAN APPROVAL FOR PLANNED UNIT DEVELOPMENT NO. 4 FOR ORONO PROFESSIONAL CENTER II nLE M)4-2984 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted land development regulations for the orderly, economic and safe development of land wi^in the City; and WHEREAS, Berkshire Properties (“the Applicants”) own the property located at 2745 Kelley Parkway and legally described as: Lot 1, Block 2, City of Orono Addition, Hennepin County, Minnesota (hereinafter the “Property”); and WHEREAS, the City Council has considered the application by the Applicants for development of the Property by the Planned Unit Development (PUD) process; and WHEREAS, on March 8, 2004 the City Council granted Commercial Site Plan Approval for the proposed development consisting of a 36,000 square foot medical office building; and WHEREAS, the Applicants have agreed to execute Planned Unit Development No. 4 Agreement providing for the installation of certain improvements as a condition of site plan approval for the construction of a Medical Office Building on the Property, and which agreement documents the general and detailed conditions for use and development of the Property; and WHEREAS, the Applicants have agreed to grant public easements to the City over existing and proposed trails and sidewalks within the Property. However, it is specifically noted that it is the City’s goal to locate the proposed trail along Highway 12 within the Highway Page 1 of 6 I I I I tiij i ; 12 right-of ’way, and will only make use of the easement along Highway 12 if placement of trail in the right-of-way is not possible; and WHEREAS, the Applicants have completed or have agreed to complete all other requirements of the Zoning Code and related Ordinances of the City including: 1.Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the grading and stormwater management facilities plan for the development of the Property as proposed per the “Grading, Drainage. Erosion Control, and Utility Plan”, Sheet Cl dated 2-10-04 of Exhibit A. 2.Payment to the City of Stormwater and Drainage Trunk Fees for the development of the Property in the amount of $16,588.80 based on Trunk Fee of $6,480 per acre and gross acreage of Property at 111,308 s.f. or 2.56 acres including those portions subject to trail and sidewalk easements. 3.Payment of Sewer and Water Connection Charges in the amount of $37,427.20 based on per-acre connection fees for 1989 Highway 12 municipal sewer & water project per 2004 City Fee Schedule of $14,620 per acre and gross acreage of property of 111,308 s.f. or 2.56 acres including those portions subject to trail and sidewalk easements. 4.Payment of Park Dedication fee to be confirmed with the County Assessor. The fee would range between $32,000 and $35,520 as discussed in the memo from Planning Director Mike Gaffron, dated April 8, 2004. 5.Granting to the City of public easements over existing and proposed trails and sidewalks within the Property and construction of trail along the south boundarj* of the property as shown on the “Landscaping & Lighting Plan”, Sheet LI dated 2-23-04. WHEREAS, City staff and consultants have reviewed the plans for this PUD application and hereby specify approval of each attached plan and Identify them as part of the official record for Planned Unit Development No. 4: 1.Approval of site plan per “Site Plan” Sheet A1 dated 2-11-04, subject to potential relocation to a location within the Property of the trail currently proposed within the Highway 12 right-of-way. Page 2 of6 1 f 2.Approval of “Grading, Drainage, Erosion Control, and Utility Plan ” per Sheet Cl dated 2-10-04, subject to the additional requirements of the MCWD and subject to the additional requirements and conditions specified by City Engineer Tom Kellogg in his letter dated February 26,2004. 3.Approval of “Landscape & Lighting Plan ” per Sheet L1 dated 2-23-04, subject to the following additional conditions: a)City reserves the right to require revision to the tree species and tree locations proposed along the Kelley Parkway frontage to ensure their compatibility with the final Kelley Parkway streetscape plan yet to be approved by the City Council. The trash enclosure shall be further screened by vegetation to minimize direct view of the opening by westbound Highway 12 traffic, subject to City staff approval. The Applicants shall be responsible for construction of the public trail along the south boundary of the property as noted herein. 4.Approval of floor plan and facade elevations for the Medical Office building per Sheets A2, A3 and A4 by Lamport Architects, dated 2-11 -04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant Conunercial Site Plan Approval for Planned Unit Development No. 4, subject to the following conditions: 1.Commercial Site Plan Approval is granted subject to conditions established within the Planned Unit Development No. 4 Agreement and other pertinent documents. 2.Upon the final approval and execution of this resolution and the Planned Unit Development No. 4 Agreement, the City Council shall formally amend the Orono Zoning Code by adding language establishing Planned Unit Development No. 4 (PUD-4) to include the Property. 3.Upon approval of this Resolution the City Council shall direct the Mayor and Clerk to execute other documents required by this PUD rezoning, including but not limited to the “Planned Unit Development No. 4 Agreement”. Page 3 of 6 i ■itHirfri J 4. 5. 6. 7. ATTEST; Minor changes in the location, placement and height of smictures may be authorized by the Development Review Committee if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed with the Zoning Administrator. Changes in uses: Significant changes in the location, size, or height of the Medical Office structure, and any other changes to the qiproved final development plan deemed by the Zoning Administrator to be significant may be made only after a public hearing conducted by the Council. Any changes shall be recorded as amendments to the recorded copy of the final development plan. If substantial development has not occurred within one year after approval of PUD No. 4 as set forth in the Planned Unit Development No. 4 Agreement, the City Council may declare the approvals granted within this resolution and within said Agreement as null and void. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Applicants have been satisfied. Adopted by the City Council of Orono this 12'*' day of April, 2004. Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Developer (On behalf of Orono Professional Center 11) Page 4 of6 , i •I 'r j STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of ________, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City Notary Public PagBSof6 1 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20. personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of ____whose identity I proved on the oath/affirmation of ,a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this___day of .20 personally appeared before me, ____who is personally known to me ____whose identity I proved on the basis of ____whose identity I proved on the oath/affirmation of ,a credible witness and who executed the foregoing instrument, and acknowledged that hc/she/thcy executed the same as his/her/their firee act and deed. Notary Public I1 Paged ofi i i r* Mi EXHIBIT A RESOLUTION NO.____ATTACHED PLANS Sheet A1 Sheet A2 Sheet A3 Sheet A4 Sheet Cl Sheet C2 Sheet LI Site Plan dated 2-11-04 First Floor Plan dated 2-11-04 Second Floor Plan dated 2-11-04 Elevations dated 2-11-04 Grading, Drainage, Erosion Control, and Utility Plan dated 2-10-04 Plan/Profile Utility Plan dated 2-10-04 Landscaping & Lighting Plan dated 2-23-04 ORONO PROFESSIONAL CENTER II I i * H P C • 1 AaCMIlCCTt IMJ7 m IAmI* si. nmm Uh*. MM SSS04 rmmm 7»i*r»S-iiM moo h9m -W • «wM* iW, fimm: nt-tii Pi tv 1caviaciaiae 9100 Nt Cirtla PyiM. MV SMI4 p*Mi»»^ >4»>io»-iao KBLLEY ROAD a -< o 0t K\u u u 1 i n\C____1 L >* < OQ •< f- cn >* u [ywr Tffl “ r H- Q •J O gmmt mASrntQ \If ipMl 5 t__ll rSHS’ ik::. !: •A OMW « U. S. HIGHWAY NO. 12 tmnm • - (KIM A# • A* Mt - AJAia A»/wuaw. !OJ«i£_Sik/2% i 1 i .I « M*« * A i * M p c ■ r OICNiriCTS ?s is ^ 3mil T3 Co ?i|si*a. O ‘•t m M-tiiwn . m RAN A1 I 0yfl jyi6 nwi fum fuw = o I . I ♦ I i •11 0 i A M P C ■ T AtCHlfCCft g^U^gJIgL Dt! tiiz bn uj C U 2 ^ a^ ^ I ® o I T> <7> Z •* o' O Q oS-S 52 o. ozo o # •t 1 rttST nxxM nm A2 Vr i \s i" i •Vr 1 11 1 1r >■ ir 1 s i kU- 5' (g)yfW« «— »M» 1. A ■ » C ■ TAKCMirccrt cd &AJ 5*A 3 2 “ O *0 to oj to ^ LU oo Ji; I ou. Q.Oz O ttio BSSipMXS' IT. \zwrz7a r—n U7:i>r/^rFi HHHBIHI■■■■■■ HHHImbb!■■■■ SCCOND fiOQR riAN A3 A EVAIKM 19 HR B9 B gf P Qj^t,yv»iiw - CTOT mvAW i i M » r B t AiCNifccrs :r’ji‘5-jra5 otuu ®®o c o |g ^ a ^5 < a Q IIQ 5. ^ ui ^ ^ tz 2 o OCo sS^SOCT fgSgig UVAnOM A4 ’—“T ’l I GRADING, DRAINAGE. EROSION CONTROL, AND UTILITY PLAN ORONO PROFESSIONAL MEDICAL BUILDING ORONO. MN mm* r mm mmm- I I I: KEllEY PARKWAY I II r K. < UOSIMB L4?;'’ r-’^ I—n mtmmmrt ««• V •«•• -t: ✓ •• .•r- ; HR)«>OV0 IMlOaC Ml l«%0 'iV-tVlmm: «i«- T?i5rr _--j : _________jiviS;*-.-_____ 3SS-" CROSKM CONTROL NOTTS VICINITY MAP *‘i A-- 7 7?A~i>- !»• »• MM lM«a* — It* •• »•« (««B«'« ( . " • l.*r4-> •* * MC. M M \ ' If •uti fMmmmtmt ^ ImS*' PAVEMENT SECTION "iTSiij:iv. »T FtMCF. iXurvrJLVSinjt srf.•»>«y» • «••• ■• •• *M i* ^ - LEGLND 0*«rlkM •« >»ini CvitM -----------0«M I I «•»*« Caul—r — * — 0«Mlr« %*i » •Mi D m«m V>4 rtrMitM >■•«> D«n*i*« I aMliMf fU—l»w Ommmimt t WviMf 1mm -•— KlIMf t^iUrwMiw • UMMlM ImmUrn Vm** -»---- OMtHM PtnpOMd SMUlMf iTMV - 1 — OmM— iMarMo* -«»— Omim ^mmrn SU I OaifNK K a U MMM aMvMM M M <M • f M— M ta a M» ^ a Ua#BTT ANCKTTCn ijBif m imvt srmtr #MM UmC Mr 51IM iMowr: ffv n3-/ttf i i.l *i PLAN/PRC5FILE UTUTY PLAN ORONO PROFESSIONAL MEDICAL BUILDING ORONO, MN 1 ;• j rnirrn i U n I i I I U • • /..r.vL:v ;/»ii Ilili ^ iiiil 01% 010 H p=r-rm» — QIO J Kir lAI#!--1 -IfiS B}^ 73rrnur.s«e.^-« !^S3SL if*cji* «sdBS‘ «mi ^----- fr9 • L ion 1 1010 10t% 1010 Mka iLjtk. c«v.; t OltfMC KMl MCNTBCTl tMvm iMO» swr MM UlC MV AUN MMM pmM W~Uit siTTlaT Hi 1. C2H r . i ! I S ^ s “ Q •U tn« a oi« O 0£ O LAMMCATf * ucHmc n/H LI SSlMi-f rOS'iJili r CITY OF ORONO HENNEPIN COUNTY, MINESOTA PLANNED UNIT DEVELOPMENT NO. 4 AGREEMENT FOR ORONO PROFESSIONAL CENTER II TO BE LOCATED AT 2745 KELLEY PARKWAY DEVELOPER: BERKSHIRE PROPERTIES THIS AGREEMENT, made and entered imo this___day of 20C4, by and between the City of Orono, a municipal corporation organized and existing under the laws of the State of Minnesota (hereinafter called “City ”), and Berkshire Properties, Inc., a Minnesota Corporation, its heirs, successors and assigns (hereinafter called “Developer”). WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a commercial site plan review under a PUD zoning that was approved under Planned Unit Development No. 3, for the purpose of developing a 36,000 s.f medical office building on property located at 276S Kelley Parkway; and WHEREAS, the Developer for 2745 Kelley Parkway is required to enter into this agreement to provide for conformance with the City ’s Planned Unit Development (PUD) ordinances and Plaimed Unit Development Agreement No. 3, and to provide for the installation and maintenance of improvements associated with the development; and WHEREAS, on March 8, 2004 the City Council granted Commercial Site Plan Approval for the Medical Office Building per ^solution No.____, including approval of design and site plans and establishing final approval conditions. NOW, THEREFORE, in consideration of the premises, and of the actual promises and conditions hereinafter contained, it is hereby agreed as follows; A. General Terms and Conditions 1.Property Description. This Planned Unit Development No. 4 Agreement for Berkshire Properties. Medical Office Building applies to the followrg described property located in Hennepin County, Minnesota: Page 1 of 10 I I Lot 1, Block 2, City of Orono Addition, Hennepin County, Minnesota (hereinafter the “Property”) 2. Zoning. The Property is zoned as a Planned Unit Development under the Orono planned unit development ordinance with underlying B-6 zoning. 3. Permitted Uses. Within the Property the only permitted principal structure is the 36,000 gross s.f, Medical Office Building as depicted in the site plan (attached hereto as Exhibit A, Sheet Al) and floor plans and elevations (attached hereto as Sheets A2, A3, and A4). The permitted use of the Medical Office Building is general medical office uses which may include business and professional offices of a general nature, and a clinic for human care on an outpatient basis only. The office building shall not be used for general retail use, except that retail uses customarily accessory to the general medical office use may occur in no more than five percent (S%) of the office building gross floor area Other uses shall not be allowed except by amendment of this PUD agreement. Within the Property the only accessory structures allowed shall include a monument identification signs per cq)provaI of a sign permit, and a trash enclosure as shown on the site plan referenced herein. No other accessory structures are permitted on the Property except by amendment of this agreement. Users shall be obligated to conform to all applicable Orono ordinances and to the provisions of this PUD agreement. The foregoing uses are permitted pursuant to this PUD agreement. 4. Site Access. Internal circulation for the Property shall be via private driveways and parking areas. The only accesses to adjoining public streets shall be onto Kelley Parkway. Additionally, the shared access constructed under PUD AGREEMENT No. 3 provides for full entrance and exit movements and serves both the Property and 276S Kelley Parkway. One additional access point to Kelley Parkway is allowed for the Property. Such access location shall be constructed per the approved site plan (attached as Sheet Al). Off-site access improvements that are the responsibility of the Developer shall include construction of curb cuts and driveway aprons within the right-of-way of Kelley Parkway, as well as the relocation of existing hydrants and storm sewer facilities as necessary to accomplish the required site accesses. All such off-site improvements shall Im performed to City specifications and shall be reviewed and approved by the Director of Public Services prior to commencement of such improvements. 5. Building Design and Construction. The medical office building on the Property shall be constructed according to final plans which shall first be cer.ificd by the Planning Director as being in conformity with the approved plans attached as Exhibit A. The exterior of the building shall be of materials consistent with the Page 2 of 10 epin County, Minnesota evelopment under the Orono B-6 zoning. tted principal structure is the ted in the site plan (attached elevations (attached hereto as e Medical Office Building is ness and professional offices in outpatient basis only. The I use, except that retail uses : use may occur in no more x)r area. Other uses shall not aem. es allowed shall include a permit, and a trash enclosure •ther accessory structures arc lis agreement. Orono ordinances and to the scs are pennitted pursuant to lall be via private driveways public streets shall be onto ;ss constructed under PUD d exit movements and serves lowed for the Property. Such d site plan (attached as Sheet bility of the Developer shall ms within the right-of-way of ng hydrants and storm sewer ite accesses. All such off-site ons and shall be reviewed and r to commencement of such fice building on the Property shall first be certified by the E approved plans attached as '■ materials consistent with the exterior elevation attached as Sheet A4 of Exhibit A. The trash enclosure shall be constructed of materials consistent with the principal structure on the Property per the approved plans. Construction of the medical office building shall be in conformance with the building codes and regulations adopted by the City of Orono. Any substantial changes to the gross square footage, footprint/wall/roof dimensions or defined building height shall require a prior amendment to this Agreement. 6. Landscaping. The approved landscaping plan attached to this Agreement as Sheet LI shall be strictly adhered to, with the following conditions: a) City reserves the right to require revision to the tree species and tree locations proposed along the Kelley Parkway frontage to ensure their compatibility with the final Kelley Parkway streetscape plan yet to be approved by the City Council. b) The trash enclosure shall be further screened by vegetation to minimize direct view of the opening by westbound Highway 12 traffic, subject to City staff approval. 7. Lighting. Site lighting shall adhere to the approved lighting plan attached to this agreement as Sheet LI. 8. Signage. Signage on the site shall bv limited to the required traffic control signage and a monument style sign, which must receive a separate review and permit prior to construction. Parking and traffic control signage shall be installed subject to City staff and City Engineer approval. B. Installation and Maintenance of Improvements 9.Improvements: In accordance with the policies and ordinances of the City of Orono, the folloMdng described public or private improvements (herein^er collectively called the “Improvements ”) shall be constructed, installed and maintained by the Developer according to the terms and conditions contained in this PUD Agreement: (a) Site grading, driveways, curb and gutter, parking lots, sidewalks, retaining walls if required and all necessary erosion control measures per the Grading. Drairage, Erosion Control, and Utility Plan attached hereto as Sheet Cl (hereinafter called "site grading improvements"); (b) Construction of sanitary sewer and water connections (hereinafter called “sewer and water improvements ”) and construction or relocation of storm sewer lines and facilities (hereinafter called “stormwater improvements ”) per the preliminary Utility Plan attached her-- • as Sheet Cl and C2. ! Page 3 of 10 r (c) Underground natural gas, electric, cable and telephone service to be arranged by the Developer with the utility companies involved (hereinafter called the "o'lher utility improvements"); (d) Landscaping and site re-vegetation improvements per the approved Landscaping & Lighting Plan attached hereto as Sheet LI (hereinafter called “landscaping improvements’’). (e) Traffic control signage subject to approval by the City Engineer and Public Services Director. (f) Any additional improvements listed within the Site Improvements Cost Estimate attached hereto as Exhibit B. 10. Construction Plans : Detailed plans and specifications for the complete installation of the Improvements shall be submitted by the Developer for the approval of the City prior to issuance of applicable City permits. The Plans and Specifications shall conform to all current City standards for all applicable work and shall comply with the terms of this PUD Agreement. 11. Construction of Improvements: (a) Commencement Date - The construction of Improvements shall begin no later than _______________. (b) Completion Date - All Improvements shall be completed no later than (c) Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any such contractor. Where required by City ordinance, the contractor shall first obtain a license from the City. Pre-Construction Conference - Prior to the start of any construction, the Developer and the Developer's Contractor shall meet with the responsible City official to review construeJon plans and schedules. (e) Permits - Prior to the start of any construction, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. (0 Permits - Prior to the start of any construction, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or government agencies having jurisdiction. Required City permits relative to the Improvements include the following: Site Grading Permit; Utility Construction Permit; Sewer and Water Connection Permits Developer is advised that an Erosion Control Permit must be obtained from the I I i i Page 4 of 10 r 13. 14. 15. Minnehaha Creek Watershed District before conunencing any grading activity on the site. (g) Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. (h) Insurance - The Developer will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage. Performance Deposit: For the purposes of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay or will cause to have paid all claims for work done and materials and supplies furnished, the Developer or his General Contractor will deposit with the City prior to issuance of site grading and building permits an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 11 above. The amount of such deposit shall be 1 S0% of the estimated improvement costs per the schedule to be attached to this document as E%hibit B. The amount of such deposit shall not be reduced before substantial completion of the Improvements. The letter of credit shall expire no sooner than six months after the completion date specified in Section 11 above. Fees and Expenses; The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs in regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and other professionals, which are not covered by City application fees. Maintenance. The Developer shall be responsible for maintenance of all privately owned Improvements including roads, sidewalks, and storm sewers, regardless whether easements for such improvements have been granted to the City. Developer shall permanently maintain site lighting, signage and lemdscaping consistent with the approved Plans for said improvements. Developer shall be responsible for maintenance of all sewer and water lines that are defined as “connections” as indicated on the approved Utility Plan. Developer shall be responsible for ensuring that the appearance and design of the building are maintained per the approved building and construction plan, and shall be responsible for ensuring that the site amenities and features as shown on the tqiproved site plan are maintained per said plan. Developer Representations and Covenants. The Developer hereby makes the following representations and covenants: ■0 • Pig^S of 10 , I 16. The Developer has the legal authority and power to enter into this Agreement. 'fhe Developer reasonably expects to obtain financial resources sufficient to enable the completion of the Improvements. The Developer will, subject to the requirements of Section B - Installation and Maintenance of Improvements hereof, construct, operate and maintain the Improvements in accordance with the terms of this Agreement and all local, state and federal laws and regulations, and will construct or pay the costs of construction of any site improvements, utilities, landscaping, stormwater management facilities, roads, parking facilities which are necessary in connection with the construction and such improvements. 17. At such time or times as may be required by law, the Developer will have complied with all local, state and federal environmental reviews, licenses, and will be in compliance with the requirements of federal, state, and local authority. The Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state, and federal laws and regulations which must be obtained or met before the Improvements may be constru- ted. It is intended and agreed that the covenants provided in this Section shall be covenants running with the land not the owner or developer. City Representations and Covenants: The City makes the following representations as the basis for the undertaking on its part here in contained: (a) The City is authorized by law to enter into this Agreement and to carry out its obligations hereunder. The City will, in a timely maimer, subject to all notification requirements, review and act upon all submittals and application of the Developer and will cooperate with the effort of the Developer to secure the granting of any permit, license, or other approval required to construct and operate the Improvements; provided, however, that nothing contained in this subparagraph shall be construed to limit in any way the reasonable and legitimate exercise of the City’s discretion in considering any submittal or application. (c) The Property is zoned for purposes which include the Development as proposed. Tlie City has issued all necessary commercial site plan review approvals for the proposed development on the property. Compliance. At any time and from time to time the Developer may request that the City provide the Developer a certificate certifying that that the terms and Page 6 of 10 J 18. 19. 20. 21. 22. provisions of this A-grecmcnt have been complied with and that this PUD Agreement is in full foice and effect with respect to the development for the purpose of facilitating sale, mortgage, insurance or other matters. To the extent that there be any bona fide defaults in such compliance, the Developer shall be afforded a reasonable time to bring the development into conformance, and thereafter the City shall be obligated to provide such certificate. Binding Effect; The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to any subsequent purchasers and encumbrances of all or any part of the property. Notices: Whenever in this agreement it shall be required or permitted that notice or demand is given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States certified mail (return receipt requested) to the addresses set for^ below. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. Notice to City Notice to Developer City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, MN 55323 Parties may substitute notice provisions upon notice to other parties. Incorporation bv Reference: All plans, special provisions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. Disclaimer bv City: It is understood and agreed that the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in any manner to the Developer or Developer's contractors, subcontractors, material men, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions, or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the City, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, v^ch the City, City Council and agents and employees of the City may suffer or Page 7 of 10 for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the p^ormance of this agreement by the Developer, its employees, agents or sub* contractors, whether or not caused in part by a party indemnified hereunder. 23. Remedy for Default: Default by the Developer of any of the terms of this agreentent shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. The remedies afforded to the City under. tUs Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement. Default by the City shall entitle the Developer to seek injunctive/numdatory relief through the courts, together with other relief as the law may provide. 24. Right of Entry. The Developer hereby grants to the City, its agents and its employees, the right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 11. 25. Controlling Agreement To the extent that there is any difference or ambiguity Reviewed for Administration: Date:By:. (Planning Director) By: (City Adirinistrator) This instrument was drafted by: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55356 Page 9 of 10 dte. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of . 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of ___, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ,20 personally appeared before me, ____who is personally known to me ____whose identity 1 proved on the basis of ____whose identity 1 proved on the oath/affirmation of ,a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 10 of 10 I tiaat ^*11 III >an r EXHIBIT A PLANNED UNIT DEVELOPMENT NO. 4 ATTACHED PLANS Sheet A1 Sheet A2 Sheet A3 Sheet A4 Sheet Cl Sheet C2 Sheet LI ^ i . \ '• Site Plan dated 2-11-04 First Floor Plan dated 2-11-04 Second Floor Plan dated 2*11 -04 Elevations dated 2-11 -04 Grading, Drainage, Erosion Control, and Utility Plan dated 2-10-04 Plan/Profile Utility Plan dated 2-10-04 Landscaping & Lighting Plan dated 2-23-04 4 1 — — * , ORONO PROFESSIONAL CENTER II ^■entftCT i * H P C ■ 1 Aicnittcit iMJf M IAksIo « |«M t«k*. MM tSS04 P%mm ?•l•7SS-l}ll MtCAtTMf C • iitM »«n mm w. MM MJ4S CMMt CMCIMtft MIAMI Q < O M < BQ < F- LO >- M O U. S. HIGHWAY NO. 12 •Mii fXwmmwrn.^mmmm - — rr «# • am imm MM • MMM 90/ w«JM %f m mmn HCWTVFMf m. A i I ji i i l£i yiiwiwrtaitii i A M M I I r ABCMIfCCtf »MMJI B S=3 a g»§ 3 CD VJ 1/1 S s-S S i gi« ““ o oa: O M A»>Ajcr m fiAM A1 i -rT'.! Ii I ntwm O { i^- i A tt » C • T*acNiTccif arj^.’S-JsrlB Q^LU bo ^c ^ Qk to S 2 2 o e Q^ O osc^ M to 2 2 o o rauT Hoot HAH A2 C t 1 1 1 1x: X >r 1 11 k ir > i J' X s V% X Mifli we Tcwp float mjft O i)« ! 1 # •:I 1 I i i . i M.tAaftiMiiiiiiiAi ilMi i * W r C • T AtCNItICffB «1M» grJftgJSTi, g>8 Tj _i a 2 « o £ ■o » ^Sg gO o s§-is ozo o stcar«> aooK riAM A3 •* I ■ jy mtm. >■! il I i •• 1 .V k 'I ! I @6QV.y””* ~ p«^"™«—“»______ .1 » • '.: . i!«i ♦ ^ I * M » C ■ t *«CMl1CCtS ir’.i'=-..'rnB •—'z t)0c ^ ^ -J z “ Q TJ to oi CO s “II ^ o zo O ^1hUessL. 0^ M0fmr B1VAT106 A4 •*' t ! • 90 i GRADING. DRAINAGE. EROSION CONTROL, AND UTILITY PLAN ORONO PROFESSIONAL MEDICAL BUILDING ORONO, MN VICINITY MAP irfifF — (r m •••» ----•» •« *«« •■•I g Ml MMI kMI - J i» PLAN/PRORLE UTILriY PLAN ORONO PROFESSIONAL MEDICAL BUILDING OnONO, MN >9___ .'iH ^ie-»___-----------------55 --S. ~1 '• 1 -Uir1 im-r-T »0?0 IT 1 i»t 1 T I0I> rat ^ 1 m—(•->»*bfaifL l«uk !P*9 T cuntc KALI I* N»l JM • ■ • tM^eirmcifigcTi tMJ/ m imm smnr UmC AM SUM MKpwr (MJ9 ns-i/M C2 K tla.'sS3l . •» t «■;% ••I'i. # O < o tMt m •ij < !-• C/1 >- oc o o —I o U. S. HIGHWAY NO. it uatiihsk f\M____________________________ -1 -T-^i 8L]S 011^3t [ ■MM ”"’vi •M ^■■1 1 • m •__ T tmA m m MM ~^MliM •aMMVOPUir mt 1 iMMMA Vwr m __ <S5 (g^jlj^uttwe iciM. LU •— 2: -a -j 5 1^1 “ Q Jg tn 3E fll c/l ^ 0^2 2 0 2 o -o oodO o£ O %^5_ lAMDSCAm A lOfTM flAN___ LI r' f! sr^ EXHIBIT B u J Bonestroo S=S l^osene Anderlik& ivll Associates Engineers & Architects Bontsiroo. AndtfJIli and Aisoclacti. Inc. If an Affirmative Actton/Cqual Opportunity fmployar and Cmployet Owned f rlnclpals: Octo 0. ■onestroo. PE. • Marvtn L Sorvala. PE • Cicnn R. Cook. Pi • ffoOert C Sciwnicm. P.I. • Jerry A. Bourdon. PC • Mark A. itanson. Pi Senior Coniuitan;i ffoberi w Rosent. PC. • ioiepn C. Ancicrtik. PC. • Ricnard C. Turner. PC • Susan M. Eberm CPA. Afiociate Pnncipaii* ke in A Cordon. PC • Robert R Plefferfe. PC • n'cnard w Poster. PI • Oav<d O lofi>eta. W. • MtcHaci T Raucmann. PC • Ted K Pteid. PC • Kenr>eib P Anderson. PC • Mare R Ro>fs. PC. • Dav*d A Bonetiroo. MJ A • Sidney P WiMiamion, PC- I S • Agnei M R*ng MBA* Atian Rick Scbm di PC • Tnomai W. Petersoa PC • James R Maipr^d PE • Miiei & Jtnifn. PE • L PhiHip Sr#ve> III. P.E • Oanifi j. Cdgcrcon. PC • Ismael Mariirei.PC • Thomas A. Syfko. PE • *heidon i Johf>ion • Dale A Grove, PC • Thomas A Rousiw. PC • Robert J. Oevery. Pf Offices: St Paul. St Cloud. RocHetttr and Wiirmar, MN • M.iwauhee. Wi • Chicago. IL MCAbsitf wMw bonestroo com Februarj' 16,2004 Ms. Janice Gundlacu Planner City of Orono Post Office Box 66 Crystal Bay, MN 55323 Re: Professional Center II File No. 139-04-000 Plat No. 04-2984 Dear Janice: Wc have reviewed the revised (2-10-04) grading, drainage and erosion control plans for the Orono Professional Center II building. The site is located along the south side of Kelley Parkway, north of TH 12 and cast of Old Crystal Bay Road. We have the following comments with regards to engineering matters: • The storm sewer calculations are acceptable. • We recommend that a catch basin be added east of CB-4 to help facilitate the collection of drainage east of the parking island. • The silt fence along the southerly boundary should be extended easterly and northerly to protect against sediments getting into the MnOOT ditch. • We have estimated the cost of site improvements to be $ 197,425, a copy of the estimate is attached. The applicant should provide the city with a financial guarantee for 150% of this amount or $296,138 prior to any work on site. The fmancial guarantee should be in the form of cash or a letter of credit. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSEN’E, ANDERLDC & ASSOCIATES, INC, Tom Kellogg Attachment Cc: Greg Giqipa, City of Orono 2335 West Highway 36 ■ St. Paul, MN 55113 • 651-636-4600 • Fax: 651-636-1311 r- . if CITY OF ORONO PROFESSIONAL PROPERTIES II COMMERCIAL SITE DEVELOPMENT PLAT FILE NO. 04-2984 SITE IMPROVEMENT COST ESTIMATE: ITEM UNIT EST. QUANTITY UNIT PRICE Mobilization Site grading Common excavation Select granular material Aggregate base, Cl. 5.100% crushed Type 31 bit. base course Type 41 bit. wear course Bituminous material for tack Concrete curb and gutter Landscaping Concrete walk 4" DIP 8" DIP 4” gate valve & box 8” gate valve & box Connect to existing water main 12" RCP storm sewer 15" RCP storm sewer Storm catch basin w/casting Storm catch basin MH w/casting 6" PVC sanitary sewer Sanitary sewer cleanout Connect to existing sanitary sewer Silt fence LS LS CY CY TN TN TN GL LF LS SF LF LF EA EA EA LF LF EA EA LF EA EA LF Estimated Construction Cost +50% Security Deposit Total Security Deposit Required 1 1 3200 1900 1900 790 480 300 1500 1 2560 145 140 1 1 1 257 197 2 2 140 1 1 700 $5,000.00 5.000. 00 5.00 16.00 11.00 32.00 35.00 1.00 8.00 25.000.00 3.00 18.00 25.00 600.00 1.000. 00 1.000.00 25.00 30.00 1 ,200.h0 1,500.00 23.00 300.00 1,000.00 3.00 EST. COST $5,000 5.000 16,000 30,400 20,900 25,280 16,800 300 12,000 25.000 7.680 2,610 3,500 600 1.000 1,000 6,425 5,910 2,400 3.000 3,220 300 1.000 2,100 $197,425 98,713 $296,138 i i r - , . i o o \ CITY of ORONO Municipal Offices Strait Addratf: 2750 Kelley Parkway Orono, MN 55356 Mailing Mdrast: P.O. Box 66 Crystal Bay, MN 55323-0066 April 8,2004 Robert Ritter 3260 Bohn’s Point Lane Wayzata, MN SS391 RE: 60-Day Review Period Extension for Commercial Site Plan Review of2745 Kelley Parkway Dear Mr. Ritter: 60-Day Re>’iew Period Extension. State law provides that Cities shall make decisions on zoning requests within 60 days from the ^te of application, and that this review period may be extended by notification to the applicant. Your application was received on January 21,2004 and considered complete on February 11, 2004. The 60-day review period would end on April 11, 2004. The City Council granted approval of the commercial site plan review on March 10, 2004 and directed staff to draft a Resolution gran ting approval and a PUD Agreement. You are scheduled to be heard at the April 12, 2004 City Council meeting to formally adopt the Resolution and approve the PUD Agreement Because this falls after the 60-day period, the 60-day review period is here,’y extended an additional 60 days to June 10, 2004. Again, your application is scheduled to be before the City Council for final approval on April 12,2004. Sincerely, City of Orono Janice Gundlach City Planner lricphOMC»Sa)24MfM • llu (P52) 24M614 ' 1 CITY OF ORONO 27S0 Kelley Parkway P.O. Boi 66 Crystal Bay, MN 55323 ZONING FILE: #04-2984 NOTICE OF COUNCIL ACTION DATE OF NOTICE; March 10,2004 TO; McCarthy Construction COPIES: Robert Ritter Attn: Dave McCarthy 3260 Bohn ’s Point Lane 11100 Bren Road W.Wayzata, MN 55391 Suite 200 Minnetonka, MN SS343 Lamport Architects Attn: James Berthiaume 13837 NE Lincoln Street Ham Lake, MN 55304 TYPE OF APPLICATION:Commercial Site Plan Review DATE OF MEETING; March 8,2004 VOTE; 4 FOR 1 AGAINST Motion: To ^prove per the plans submitted and revised prior to Council review. Staff will draft a PUD/developer’s agreement for approval at the first available City Council meeting, which is tentatively set as April 12,2004. Staff will be in contact with yon regarding the content of that agreement and any materials that must be submitted prior to review by Council. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and qiproval by the City Council. mm i r( To; From: Date: Subject: Janice Gundlach, City Planner Mike Gaffron, Planning Director April 8,2004 Application #04-2984 Professional Properties of Orono - Medical Office Development Fees Analysis Site address: 2745 Kelley Parkway Legal description: Lot 2, Block 1, City of Orono Addition Lot area: 2.56 acres I. Park Dedication . This lot was orieinallv platted in 1991 bv the City in order to effectuate the purchase ofthe City facilities site north of Kelley Parkway. Theplat created Lot 1 north ofKel ley Parkway, Lot 2 south of Kelley Parkway, and the 60* road corridor separating the two lots. Lot 2 was not purchased by the City but was retained by the seller of the site. Bill Gagne. Lot 2 was expected to be developed commercially under the B-6 standards. Although the 1991 City Fee Schedule required an 8% dedication of land (or fee equivalent) for commercial development, I can find no mention ofpark dedication or equivalent fees inthel991 subdivisionfile, for either Loti or Lot2.Myassumption is that since Lot2was not immediately being dev eloped and was created merely as a remnant parcel for future use, no park fee was charged. The current 2004 City Fee Schedule establishes a Park Dedication requirement of 8% of the land or equivalent in fees, and establishes a minimum/maximum fee of S8,l 25/Sl 3,875 per acre. The County has assessed this property at a value of $541,000 although the purchase record indicates a January 2003 sale at $400,000. Using the lower value of $400,000 the park dedication fee requirement would be 0.08 x $400,000 = $32,000. The range ofmin/max park fees for the 2.56 acre property is from a low of (2.56 X $8,125)=$20,800 to a high of (2..56 x $ 13,875) = $35,520. If the $541,000 taxable market value is used, the parke fee would be 0.08 x $541,000 = $43,280, which exceeds the fee cap, so the fee would then be $35,520. The City Assessor should be consulted to determine the Fair Market Value of the undeveloped land to determine the actual park fee amount due. II. SewerAV ater Units & Connection Charges In 1967 when sewer and water v as initially brought to the Highw ay 12 area, this property was part of an undivided 76 acre parcel stretching ftom Willow Drive to Old Crystal Bay Road. The 76 acres wa.s assessed for front footage and three (3) sewer and water units. In 1 983 a sewer system upgrade project was completed (1983-1 Orono-Long Lake-Medina project) which provided some additional capacity for properties in the Highway 12 area. In 1984, at the time the Dental Office site on the comer of 1 2/OCBRd was created for a library site, the owners formally gave 2 ofthe original3 units to Hennepin County as partofthesaleofthatsite. About that same time. Highway 12area sewer capacityof 1 16units attributable to the 1983-1 upgrade, was reallocated by parcel, and 17 units were allocated to the 76 acre parcel. These 17 units were not assessed for that proj ect since the parcel was vacant, but the costs of that excess edacity would have been due i^>on development II 'Piir' Development 7ees - PUD #4 April 8.2004 Page 2 In 1989, as a result of the 1987 CMP amendment, water and sewer facilities were constructed in the Highway 12 area to provide capacity fortheexpecteddevelopmentnorthofHighway 12. These sewer and water imits were not assessed to vacant property and are due as a unit connection charge upon development. Up to and including 2000, this S&W connection fee was charged on a imii basis, and for 2000 was $3,645 per unit for sewer and $5,050 per unit for water, hi 2001 the fee was restructured to be an acreage charge, based on gross acreage (including wetlands). For 2004, the sewer connection fee is $5,510 per acre and for water is $9,110 per acre, foratotal S&W connectionchargeofS 14,620/acre. The Sewa and Water Connection Charges that will be due for Lot 2, Block 1, City of Orono Addition, are calculated as follows: 2.56 acres x $ 14,620.00 per acre = $37«427.00 in. stormwater Drainage Trunk Fee The clinic development will be subject to the City ’srecentlyenactedStorm Water TrunkFee. At the current 2004 Fee Schedule commercial rate of $6,480 per acre, the site will be charged for 2.56 acres or a total fee of $16)588.80. ! I i Date Application Received: 02-17-04 Date Application Considered as Complete: 02-23-04 60-Day Review Period Expires: 04-24-04 REQUEST FOR COUNCIL ACTION r.niiMcii RtPFTiNG APR 1 2 2004 CITY OF CF.ON'O Date: April 5,2004 Item No V Department Approval: Name: Melanie Curtis Title: City Planner ' Administrator Approval:Agenda Section: Zoning Item Description: #04-2989, Chris Diesen, 1100 Townline Road, Preliminary Plat with Lot Width Variances Resolution ____ Zoning District: Lot Area: Lot Width: RR-IA, Single Family Rural Residential 5 acre 300’ List of Exhibits: A - Resolution for Preliminary Plat approval B - PC Action Notice 03-16-04 C - PC Memo & Exhibits of 03-15-04 D - Copy of Memo from MCWD dated March 18,2004 Application Summary: Applicant is requesting a Class III preliminary plat approval to create 2 residential lots for the property at 1100 Townlinc Road. The tot^ existing lot width of the subject property is 490’ not allowing for the required 300 ’ of width for each lot. The applicant is also requesting a variance from the 300 ’ required lot width as part of this application.______________________________________________________ Planning Commission Recommendation On March 15,2004, Platuiing Commission voted 7-0 to recommend sq)proval of the preliminary plat with lot width variances. Staff Recommendation Staff recommends approval of the preliminary plat with the followirig stipulations: 1. Implementation of the recommendations of the City Engineer. 2. Implementation of the recommendations of the Minnehaha Creek Watershed District. 3. Submission and approval of the final plat. 4. Subject to standard fees and dedication of required easements. COUNCIL ACTION REQUESTED Adopt or amend the attached resolution. A RESOLUTION GRANTING PRELIMINAR\ APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTY LOCATED AT 1100 TOWNLINE ROAD FILE NO. 04-2989 WHEREAS, Christopher Diesen (hereinafter the “subdivider”) on February 17, 2003, filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described as: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Tovwiship 118, Range 23, described as beginning at the intersection of the west line of said Section 0 and the south line of the north 369.48 feet of said Northwest Quarter of the Southwest Quarter; thence easterly along said south line 121S.22 feet; thence southerly deflecting to the right 91 degrees 48 minutes 25 seconds to the north line of the south 446.2 feet of said Northwest Quarter of the Southwest Quarter; thence westerly along said north line to said west line of Section 30; thence northerly along said west line of the point of begiiming, Heimepin County, Minnesota (hereinafter “the property”); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono’s Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on March 15, 2004, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at its regular meeting held on April 12, 2004, the Orono City Council considered the subdivision application of the subdivider noting the following findings of fact: 1. The property is located within the RR - 1 A, One Family Rural Residential Zoning District requiring a minimum of 5 acres of contiguous dry buildable land within each newly created lot. 2. The property contains approximately 13.79 acres of land of which 0.23 acres are delineated wetland. Page 1 of7 i i U E'i s 3.The proposed plat consists of two residential lots each meeting the minimum lot area requirement of the RR - lA, One Family Rural Residential Zoning District each meeting a minimum of 5 acres of contiguous dry buildable land. 4.The proposed subdivision to create residential lots of five acres in area or larger conforms lo the provision of the RR-IA Zoning District and the Rural Residential guiding as established in the Orono 2000-2020 Community Management Plan, with the following exceptions: a.Proposed Lot 1, Block 1, as shown as Tract A on the survey by Paul B. Schoborg dated September 16, 2003, has a width of 220.68 ’ and requires a variance from the minimum 300 ’ width requirement as established by the RR-IA, One Family Rural Residential Zoning District. b. Proposed Lot 2, Block 1, as shown as Tract B on the survey by Paul B. Schoborg dated September 16, 2003, has a width of 270.19 ’ and requires a variance from the minimum 300 ’ width requirement as established by the RR-IA, One Family Rural Residential Zoning District The required variances to lot width are justified by the existing width of the property; the fact that no additional land is available to be acquired to gain the necessary width; that platting of a front-back lot configuration would be impractical due to the topography related to the proposed building pad locations; and that the existing home and outbuildings as well as proposed residence structures can easily meet all setback requirements. 5.Both proposed Lots 1 and 2 will be served with private wells and septic systems. 6.Proposed Lot 2, as shown as Tract B on the survey by Paul B. Schoborg dated September 16, 2003, contains an existing house auid four outbuildings all of which will remain. 7.Both proposed Lots 1 and 2, as shown as Tracts A and B on the survey by Paul B. Schoborg dated September 16, 2003, will be served off the existing driveway access from Townline Road. Page 2 of7 1 1 1 1 h idfioiuiiik&issii. 8.The westerly 33 feet of the property will be dedicated as Townline Road public road right-of-way. 9.The developer will grant to the City standard Drainage and Utility Easements along lot lines. 10. Primary and alternate on-site sewage treatment system sites have been identified for proposed Lots 1 and 2, as shown as Tracts A and B on the survey by Paul B. Schoborg dated September 16, 2003. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the fmdings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Christopher Diesen at 1100 Townline Road per preliminary plat drawings by Paul B. Schoborg, dated September 16, 2003, subject to the following conditions: 1. Both proposed Lots I and 2, as shown as Tracts A and B on the survey by Paul B. Schoborg dated September 16, 2003, shall be served off the existing driveway access from Townline Road. Access easements shall be provided over the existing drive for proposed Lots 1 and 2. 2. The private driveway shall be pri^ ately maintained per the appropriate access easemcnt/maintenance documents to be executed by the subdivider. The subdivider shall create a homeowners association for each ownership shared driveway and maintenance. 3. All identified primary and alternate sewage treatment system drainfield sites within the subdivision shall be fenced off by the subdivider prior to any land alterations, and such fencing shall remain in place until such time that each lot is developed. 4. Subdivider shall develop covenants for each Lot for protection of drainfield sites within each Lot. Covenants shall include protective language for alternate septic sites along wnth site plans locating both primary and alternate sites. Subdivider shall include language alerting future property owners of the need to protect sites on adjacent properties. Page 3 of 7 .4* 5. Subdivider shall pay the standard Park Dedication Fee for proposed Lot 1, Block 1, as shown as Tract A on the survey by Paul B. Schoborg dated September 16,2003. 6. Subdivider shall grant Flowage and Conservation Easements over the wetlands in Lots 1 and 2, as shown as Tracts A and B on the survey by Paul B. Schoborg dated September 16,2003. 7. The subdivision is subject to the Storm Water and Drainage Trunk Fee as established by City Ordinance. The subdivision is subject to dedication of standard Drainage & Utility Easements along lot lines. 8. Subdivider is hereby advised that the City will not grant final plat approval until the MCWD has approved a stormwater management plan for the property. 9. Subdivider is hereby advised that preliminary subdivision approval will expire wiuiin one year of Ae date of City Council approval, April 12, 2005. Should the lubdivider fail to complete the filing of the final plat application within the yeai deadline, it shall be necessary for the subdivider to file a new preliminary subdivision application with the City. Final Plat Submittals: The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled City Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City’s records and one for filing with Hennepin County) and one (1' copy reduced to 1” = 200 ’. Drawings to include: a. Lot lines platted per preliminary survey by Paul B. Schoborg of Delano, Minnesota, dated September 16,2003. b. Dedication of drainage and utility easements 10' wide along the exterior boundaries of property and 5 ’ along the internal lot lines, c. Dedication on the plat of 33 ’ of right-of-way for Townlinc Road. Page 4 of 7 d. Designation and dedication of drainage easements over drainageways as noted in this Resolution. e. The naming of plat. 2. Legal documents required: a. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The applicant must provide certified copies of all recorded easements currently affecting the property. c. Signed and executed Developer’s Agreement and lettei of credit for approved site improvements, emd construction of stormwater and drainage facilities, etc as necessary. d. Signed and executed Flowage and Conservation Easement over the wetlands in Lots 1 and 2, as shown as Tracts A ind B on the survey by Paul B. Schoborg dated September 16,2003. e. Drainage Easements to be taken over drainage way and detention areas within plat. f. Completed private covenant for all Lots regarding protection of drainfield sites. Covenants to include protective language for primary and alternate drainfield sites and to include the site plans locating both the primary and alternate sites. Subdivider to develop language alerting future own' of need to protect sites on adjacent properties. Covenants must be in a form suitable for filing The City has samples of protective covenants used by former developers available for review. Fees to be paid:Total due: $28,912.40* a. Final plat fee = $250.00 Page 5 of? ik I ; i i I r b. Legal review and filing fees for subdivison and associated documents =• $280.00 c. *Park Dedication Fee: amount shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor’s report has been filed with City. d. Storm Water and Drainage Trunk Fee = $28,382.40 [(6.14 acres @ $2,160/acre) + (7.0 acres @ 2,160/acie)] 4.A copy of all necessary permits approved by the Miimehaha Creek Watershed District. Adopted by the City Council of the City of Orono, Minnesota at a egular meeting held this 12'" day of April 2004. ATTEST: L inda S. Vee, City Clerk Barbara Peterson, Mayor Page 6 of 7 STATE OF MINNESOTA COUNTY OF HENNEPIN #lmThe foregoing instnunent was acknowledged before me on this 8 day of March, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public SIA FE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of _______, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 7 of? 1 5! STATE OF MINNESOTA COUNTY OF HENNEPIN The furegoing instnunent was acknowledged before me on this 12* day of March, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City.! - . i Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_day of , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument executed on behalf of the City. Notary Public Page 7 of7 I . J CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4600 ZONING FILE 04-2989 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 16,2004 TO: Chris Diesen 1100 Townline Road Maple Plain. MN 5S3S9 COPIES: TYPE OF REQUEST: Preltminary Plat with Variance__________________ DATE OF MEETING: March 15,2004 Planning Commission recommended approval of the preliminary plat with lot width variances with the following stipulations: 1 . Implementation of the recommendations of the City Engineer. 2. Implemec. ..don of the recommendations of the Minnehaha Creek Watershed District. 3. Submission and approval of the final plat. 4. Subject to standard fees and dedication of required easements. 5. Review by the Park Commission prior to City Council review. VOTE:7 FOR 0 AGAINST Applicant's next scheduled meeting is confirmed as: City Council - Monday, April 12,2004; Meeting starts at 7:00 pm If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. If you have questions, please call City Planner. Melanie Curtis at 952.249.4627. 0(Ht&lTC W)4-Z989 3 March 2004 Pag* I of 4 Date Application Received: 02-17-04 Date Application Coniidered as Complete: 02-23-04 60-Day Review Period Expires: 04-24-04 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Melanie Curtis, City Planner March 3,2004 #04-2989, Christopher Diesen, 1100 Townline Road - Class III Preliminary Plat - Variemce - Public Hearing Zoning District: RR-IA, Rural Residential District, 5 acre minimum Lot Area: 600,692 s.f. (13.79 acres) Application Summary: Applicant is requesting a Class 111 preliminary plat approval to create 2 lots on one block at 1100 Townline Road The total lot width of the subject property is 490 ’ not allowing for the required 300* of width for each lot. The applicant also requesting a variance from the 300* required lot width as part of this application. Staff Recommendation: Staff recommends approval of the preliminary plat with the following stipulations: 1. Implementation of the recommendations of the City Engineer. 2. Implementation of the recommendations of the Minnehaha Creek Watershed District. 3. Submission and approval of the final plat. 4. Subject to standard fees and dedication of required easements. 5. Review by the Park Commission prior to City Council review.__________________ Pertineut Twining Ordinance Sections Sec. 78-395. Area, height, lot width and yard requirements. (a) Height. No structure or building in any RR-1A district shall exceed 2 1/2 stories or 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area (acres) Lot Width (feet)Front Yard (feet) Side Yard (feet) Side Yard Adjacent to Street (fee!) Rcff Yard (feet) 5 300 100 50 100 100 Chapter 82: Subdivision Regulations : i I I i i If i r •. *1.. ,-:i M4-3989 3 March 3004 Paga 2 gr4 List of Exhibits A. Application B. Site Plan C. Wetland Inventory and Delineation Report from Gray Biological Consultants D Memo from Septic Inspector Matt Bolterman dated March 3,2004 E. Septic Evaluations by S-P Testing dated June 19, 1998 and May 12,1999 F. Aerial Photograph G. Letter from City Engineer dated March 8,2004 H. Torrens Document I. Letter from neighbor J. Property O^vners List K. Plat Map PRELIMINARY PLAT ANALYSIS Introduction and Conformance with Comprehensive Plan Christopher Diesen is requesting preluniiuury plat approval for a 2 lot subdivision at 1100 Townline Road. The property is located on the east side of Townline Road between Watertown Road and the Burlington Northern Railroad. On the west side of Townline Road is Independence. The current zoning for the property is RR-IA, One Family Rural Residential District which requires five acre minimum lot sizes. The property is guided for Rural Residential in 2000 - 2020 Land Use Plan requiring a minimum lot size of five acres. Conformance widi Zoning Ordinance The proposed lots meet all Zoning Ordinance regulations with respect to area and setbacks. The applicant has requested a variance to the required 300’ lot width, proposing lot widths of 220’ and 270’. The following table outlines the setbacks from the proposed and existing building pad locations: RR-IB Required Loti (Labeled Tract A) Lot 2 (labeled lYact B) Lot Area 5.0 acres 6.14 acres ± (3.98* dry bulldable per steff calculation) 7.65 acres± (7,58 acres* dry bulldable per staff calculation) Lot Width 300’220.6’270. r Front Yard Setback 100 ’385 ’200’^ Side Yard Setback (north) 50’50’88* home 50’ garage Side Yard Setback (south) 50’92 ’ home 50’ shed 100 ’+ M4-2989 3 March 2004 Paga3 of 4 Rear Yard Setback 100’500’ +500’+ Surrounding Development The preliminary plat is surrounded by RR-IA, five acre minimum residential pro]^rty in all directions. Independence is to the west across Townline Road, and single hunily RR- 1A lots surround the property- on all sid«s. Lot Layout and Standards Two side-by-side lots are proposed to be served off an existing driveway which will be shared. The applicant has requested the variance for lot width as opposed to proposing a front lot/back lot configuration due to the topography and wetlands located to the rear of the property and at the NW comer. The plan in Exhibit B shows the required setbacks and primary and alternate septic locations. The applicants have shown that an adequate house can placed on these lots and staff is satisfied with the lot layouts as proposed. The lots meet all required lot standards as shown in the tables above. City Septic Inspector has submitted written comments regarding the locations of the septic sites and the applicant will be required to meet all recommendations of the City Engineer and the Septic Inspector prior to City Council review. Road Layout and Standards The applicant has proposed to use the existing driveway along the north boundary of the proposed Lot 2 (labeled as Tract B) for both lots. A driveway easement is required to be provided over the existing driveway for access to the northerly lot. Required Easements The applicant must dedicate the following easements: • Conservation and Flowage Easements over all delineated wetlands, ponding areas, and drainage ways. • Driveway Easement over the entire existing driveway. • Standard drainage and utility easements around all lot boundaries. This consists of 10’ around the plat boundary lot lines and S* on the interior lot lines. Storm Water, Drainage, and Erosion Control The applicant has contacted the Minnehaha Creek Watershed District and has not yet received their comments. For final plat approval the applicant will be required to comply with MCWD recommendations. The subdivision is subject to the Storm Water and Drainage Trunk Fee established by City Ordinance. The fee is established at S2,160 per acre, with a cap of 7.0 acres to be charged per lot. For this property, two lots are being created: Lot 1 at 5.98 gross acres would be charged a fee of 5.98 acres x $2,160 = $12,917. Lot 2 at 7.33 gross acres would be charged a fee of 7.0 acres x $2,160 = $15,120. f f #• *04-2989 3Marck2004 Pai«4of4 Arclueologieal Impacti There are no historically significant features on ftis property known to itaff. Sewage Treatment Copies of the proposed septic plans were submitted with the prelimin^ plat. Septic inspector Matt Boltennan ^ reviewed the proposed septic plans and his comments can be found in the attached memorandum dated, March 3, 2004. He is recommending approval of die proposed septic systems. Park Dedication The property does not abut any of the existing or proposed public trails shown on the City’s Con^irehensive Trail Plan. Issnes for Consideration Are diere any other issues or concerns with this application? Staff Recommendation Staff recommends approval of the preliminary plat widi the following stipulations: 1. Implementation of the recommmdations of the City Engineer. 2. Implementation of the recommendations of the Miimehaha Creek Watershed District. 3. Submission and ^>proval of the final plat 4. Subject to standard foes and dedication of required easements. 5. Review by the Paric Commission prior to City Council review. * 1 m City ofOrono Subdivision Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Kfs;m Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 This application form must be completed in full. Applicauon # Date Received: a -n.on Amount Paid: x ~?rV. Staff : U: \rc.v./. Fee: ______________ Renewal; PROPERTY INFORMATION: Site Address: I\Co jr~c» ^ r v%e, Property Identification Number (PIN): ~ 11 (Attach legal description to application if not included on the survey.) . Date Property Acquired (month/year): ^/r93A □ Abstract or h Torrens, please check one Present use of property: .fifl Residential □ Other__________________________ Zoning District:<vR-\ A APPLICAI^ INFORMATION: (Complete legal names and marital status required for each interested party) Name: G\r\yis4^oV\g.ir H>>rg3\A T^'<&seY\__________ Phone (home): 7^3 - Phone fworkV ^ ~ Address: MOo vv>e. i-A rv\j^pt«» V>\a\v\___________________________ '^.mall: _________________ Fax: OWNER INFORMATION: (Complete legal names and marital status required for each Interested party) Name: />A x r-VVv» g.v\_____________ Phono (home): *4 7<» .JLI’^q Address: JjL^22_j4ic£i^tii)^Ai2oLS__JC.iL Phone (work): Email:Fax: EXISTING LAND USE: Number of Tax Parcels: Development Size:IA.9 I Acres Dry Land Acres Wet Land 13 ^ '7*^ Acres TOTAL, ail parcels Present Use (check one) Present Zoning District Residential; Number of Units: {j^ □ Other (Specify) Proposal: □ Division for Tax Purposes □ Lot Une Rearrangement Only (no new building sites) a Subdivision for New Building Sites Number of Buildirig Sites / I Proposed Gross Density tinimum Lot Size Proposed Use (check) I B ' RetieResidential □ Other (specify) .10- Existing Units New Units Total Units Units per 0*^ Acres Square Feet Dry Bulldable Land QQ iiiUrtrfniiatfiiiiitiii MINIMUM ^ ji^FQR COMPLETE PRELIMINARY APPLICATION 1. Payment of feea (refer to "application feea" listed below). 2. Completed application form. 3. Preliminary plat Information on Certifleate of Survey. . Certified Property Owners List of owners within 350' (you must obtain this ilst from Hennepin County Department of Finance, Government Center, A*603 300 South S’” Street, Minneapolis, telephone 612*348-5910). . As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable). 2. Signed Certificate of Sur/ey or mylar copies of formal plat. 3. Title opinion. 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit APPLICATION FEESfZonlnq Administrator to check [X] those which apply) A. Application Base Fees: ___Sketch Plan Review (Class I, II & III) $350.00 ___Subdivision of a Lot Line Rearrangement $600.00 Subdivision Application (Class I & II) $600.00 TOTALS X Preliminary Subdivision Application $750.00 $30.00/lot (Class III & all non-residential) __Final Plat Application (Class III) $250.00 __Legal Review and Filing: ____Subdivision only $140.00 Subdivision w/easements and covenants; minimum $260.00 any additional costs Park Fees (to be determined per Section 82-227) Legal and Engineering Review Fees (aa Incurred) Renewal of Class I, II. & III Subdivision and of a Lot Line Rearrangement Application $300.00 B. Special Improvement Feee: __ Proposed F'rivate Roads $650.00 * $.50 per lineal foot, ___ Proposed Public Roads $950.00 $.50 per lineal foot; Request for CKy to Accept Existing Private Road $950.00 Proposed Sanitary Sewer Main Extension $275.00 $25/stub Proposed Watermain Extension $275.00 $2S/stub Proposed Storm Sewer System (excluding culverts) $250.00 . lin. ft X .50 = $. lin, ft. X .50 = $ ' >d On-SIte System, Sits Evaluation Review (applicable to rural subdivisions) $60/per lot x _V_ ^ew lots C. Flexible Application Fees/MIscellaneoua Fees ___Variance $600.00 ___Vacation of Public Road $75 per benefiting property ($600 minimum per application) ___Easement Vsicatlon Associated with a Subdivision $100.00 ___PRO Application with Subdivision $35.00 per dwelling unit CFirroo The applicant hereby agrees to provide aii information required or requested by Planning Dep^. Staff, City Engineer, City Attorney^l^ing Commission and Council necessary to process this application and further agr^eS^ji^p^y^l aiMitional fees established by ordinance. Data: ^ /l ° VApplicant's Signature: Owner’s Signature: Date: Date:C,(oxf Applicant must have all submittals into tlie City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the City Planner assigned to your project of this chanae prio to the meeting. -11 C\ OO —ITrfivri ■ nt. Itai. M, d«riW «Iw-t«<h* i-*^fte to of-id ^ iffiStorfsiioo 10; thence oortSy Fe¥)ie/>^t^. /i,7oo4- pncooaeofo n-*^ ifT RjOGR GLIM. aASOMgKTBXV CJ/^rr- / <? ,_ TZdtT ># 'iiTT ; ® . iflON MCK »iFl>Ct _ K/^HN680N MUMGDt^nM ~ «^~TOP *.ocn oet. bqtNMiniii Ox >■**??**;* ” ilooiMid Muih line 121122 feet ih«w wAx'TUmA——0—itBofthc So —htoqCQM-tcr.ihcncec —imy oof ^ __w ajai f«Mof«»iaMo«h<*til mtmtat __aoao.QuaT tuv If the So-hn**t Q»-ter. towtc^y doo^^ H«*wtil S^S^y Ann^»-Htno>od-poi-ofb»iMioiot.EMe0*«Noith22O.«toit4iMt "O-Q; l tA mamMk £ e. nt^t *F-rf^e m oFtf^i *•’ < < i>y p -//o. UST^ H **« itl^ tS4^ £.*f' se9^0?'3ff"v/ lal'^t TS' cf /Y,(.ti>j€ «/=-rf/e S. 4^6. >7^ /V^^< <?/=^^A^£-' Sio>. -> 1 ? I) * /f\H^ 3,|j-oW TRACTA orth 220.66 feet of that part of the Northwest Quarter of the Southwest Quarter of Section 30, Towmhip Wge 23, described as begiiuimg at the intersection of the west line of said Section 30 ana the south line of rdi 369.41 feet of said Northwest Quarter of the Southwest Quarter, thence easterly along said south line 22 feet; thence aoutheity deflecting to the right 91 degrees 48 minutes 25 seconds to the north line of the 446J22 feet of said Northwest Quarter of the Southwest Quarter, thence westerly along said north line to ^ line of Section 30; thence itotthcrly along said west line to the point of beginning. TRACT B part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 118, Range 23, described as nizy at the intersection of die west line of said Section 30 and the south line of the north 369.48 feet of said iwcst Quarter of the Southwest Quarter, thence easterly along said south line 1215.22 feet; thence southerly cting to the right 91 degrees 4S minutes 2S seconds to the north line of the south 446.2 feet of said Northwest ler of die Southwest Quarter; thence westerly along stud north line to said west line of Section 30; thence icrly along said west line to the point of be^nning. Except the North 220.66 feet thereof s Ih,zoo4-2.I^Bl/t/RO UOV. 2 ft. 700-^ :■=' WOOD STAKE PLACED BEAAINGS ON ASSUMED DATUM O = IRON MCN. SET PROPOSED INFORMATION isrr FLOOR ELEV. 3 BASEMENT ELEV. • s IRON MON. INPLACE OARAGE FLOOR ELEV. <92 ? TOP SLOCK ELEV. a DRAINAGE 000.0 • EXIST. ELEV. (000.0) a PROPOSED ELEV. E4P 000.0 • COST, a PROF. ELEV. SCHOBORG LARD SURV INC,i 1 M7C«R4iSaE 7BS4TZ«3221 I hereby certify that this oMUflcM 9f aulver tiai or uncer nry direct supervtiion anC that I am a My R< Surveyor under the iim of theStala^ ReprtHMMa 147D0 aOOK.PAGE / ' . V.'< X v\ ;j . /t I i S i' ; >...)! f •* Si a :5 ___ij. « ?.7i ^ Q. V) 1^!©\ . Index Chris Diesen Wetland Delineation- June 9,1999 • Routine Determination/Delineation Form(s) • Aerial Photo-taken 6-8-99 • Aerial Photo-NRCS mrith NWI infornution page 1-2 • SoOaMap • Location Map • Site precipitation data for April and May page page page page 3 4 5 6 page 7-8 e Precipitation maps page 1 4 1 % ibtfaMlMlw. * I g^e, Sfnc, Qray &iological Co/isultmts Qra\j ~ l^resident DATA FORM-ROUTINE ONSITE DETERMINATION METHOD netd lavcstiiator: Jerry Gray ]>ate(s)oflnres«igatioB: Jvne9,1999 Projcct/Site: Located la SactfoB 30-T.118K-K23W.W,HaaaBplaCouoty,MN and within the Miaiuhaba Creak Watenhtd. Appikaot: Mr. Chris DkicmllOOTowBUneRd.,MaptePlalB,KKSS3S9 Plant CtMBiBttaity Area WcIlaadTypc # Ctrc39 Cawardla NWI Mapped SoOa Dominaiit Vegetation Wat Meadow PEMA Band phaUrti anuuOtiacat TIm area nadertaveatigattoa la mapped as PEMCdoa the MWl map aad borders a Urge narth. Thcadiaccnt nplaiid ii MBnmuis-Poa asioclatton wttli clover and alfalfat a seeded putarc mixture. Do normal envlronaieiital condidons exiit at the plant comnnaity? @ The area investigated has a history of being hayed and ar mowed. Has vegetadoo* soil, andfor hydr been aignilicandy distarbed? VEGETATION Percent of dominant spcdea that arc OBLt FACW, aad/or TAC Basin Dominant Plant Species Indicator Stratum Percent OBL FACW FAC FACW4-herb <100 b the hydrophyde vegetation criterion met? (Vcj Rationale: more that 50% of the composition of the domlBaat ipedes from lU strata an naked at hydrophytlc vegetatioa. & shoold bo Botod that the domlaact vegetatioa. Phalaris, calits io the traniitioB zone tad la some instances ciists oa the upland as It followi the southci^ fence li%e wcttorly. SOILS Pasta Serica/Phase Subgroup Hydric Sotb Lis* Hietoeol Mottled Hemel TVne ARCUQUOLLS Histic Eoioedon Cleved No Ifo Other Hydric soil iadicaton: The upper 10 iacbea were dark oigank coatcat, below die 10 inch level nuall grains of silica sand were present (less than 1% of the mQ) end continued witii incresKdcootcot ts a depth of Id inchei Gray Jreshwater Cei^ter • Si^ite^S • 2500 Shadywooct • Excelsior.MN 55331 Ton free 1-500-271 ‘2A50 • 61 2~^7U0^72 Diesett Wetland Delineation-page two lithe lurdriceoUcriterioninetTlYej yrtiftnaUi Bated on the low chroma valuci and moliturc In the loll, they arc coniidered Hydrk. Oridlzed rhizoipherea were alM present HYDROLOGY b the gronnd nirfacc Innndatcd? On the <Uy of the ialttol invcstiKation, bo, they were saturated as ■ mult of recent nifais, wttUaOhoun afthaMatupaction, and the rted canary natt was Ugh la Buristufu coatent Depth to fireeriandlng water In ptt/ioll probe hole; Free atanding water wai present at 14 inches at the wetland e^t Other cridcncc of siiifaec Inundation or soil aatumtioii: The area under investigatiOB for a wedand receives considerable surface drainage from the west and was saturated on the day of investigatioB. Westerfy of the wedand edge, the wettsnd b innudated but this to beyond the assessment area property bonudaty. b the wetimd hydrology criterion metr {Vej Eiisting hydrology eihibita wetland characteristics. The ■ren has roccived 125% of normal ralnfsIT* for the current season, most of that was Immediately prior to the iavcstIgatloB. The precipitatloa data Is attached. The wctlaad, as dcleruiiDcd, maintains hydrology approsimstdy 12-14 iaebes below ground level, beyond the wethmd edges, foe water table appears to drop drauutkslly as foe edge b oe a ~5% slope. JURISDICTIONAL DETERMINATION AND RATIONALE The area iavhitigatcd ia a slope wetland. Hydrophytic vegetation b present and the soils are hydric, the necessary hydrology docs support a wetland. Respectfully submitted:*e«rUS W. Gny, PraUmt-CSf^, Inc. dm Attachments: Aerial photo taken 6-7-99 showing approximate: a. aoiltestiltcs h. wetland edge c, dominant vegetation iL outflow of surface water c. csistiag ditches afTccting foe wetland area f. approxbaate property lines g. 1998 delineation NRCS aerial photo with NWI wnlands Copy of Bennepin County toils map Locatioa Map as per tocadon wtdiin foe township Site precipitatioo data for April and May-1999 PredpHafon maps showing % of aomul, weekly and ranking Survey to be Provided by Schoberg Land Surveying ism ! I !• f!Wi i iC - .i:___ _ —_Mgpa ■ ■''"’ • ^-'-cx il; L iJig',(ii Ic 11(s) \ ^^ ^v'y:fr’.y*'."' i , . '' y^Zsi/.. A •; assoc+Htwiv^^ /;-r\; ' .. ,, >** »• \ ' * W'?LJ^. SJPV’ ,-v* ..•■ Chris Diesen Wetland Dcliiicatioii Gray Biological Consultants, Inc. V'*^ / f Sft »i' r ■Mm k-*’- •'. ►• rsM-v ■■’'-A: w v**'^jrt> ‘'p;fK*i - property lines 1 ;#!( Jm .\. ^ % mr .-j IIS' ^ *, ♦ '< ^/■'r»: • • ^ •>* •' A • ?*■ ii i 4 N ^ r c^j|v.c\'-,.r.>vvv,-?‘^j§mmim^i-mm:-. rav Hiolouical % oiisultaiUs. Iiic. vW '«.r ’'^np^SS OOI y Biological Consultants • I ? ♦ • • • •« • - • — . • I Project Area ✓ — 'i Chris Diesen Project Townline Road 73^^ -'•■ * • • • t|_-• //*' '.I- *- ; •i. - : ■ ■^...-IR-'• \ I • — — -4&- . ^‘ — \^ I • • (I* ... L’/ .• oo lO 'N ,0-:> ~iSl 6^'^ \ ■• x'V'•'• iJr\| ■ -^5i^ / y :r'W .'9 Gray Biological Consultants^ Inc. O •T7T7 Page 1 of 1 < l —Stattrrag»ant —> .. .PRECIPZTATON DATA.. .TOTAL FOR THE MONTH. . 6.57 DEPARTURE FROM NORMAL... 3.18 INCHES ABOVE NORMAL TOTAL FOR THE YEAR. . . 14.93 DEPARTURE FROM NORMAL. .. 5.35 INCHES ABOVE NORMAL GREATEST DAILY.. .. 1.36 INCHES ON THE 12TH...NUMBER OF DAYS...MEASURABLE PRECZP... 160.10 INCH OR MORE... 110.50 INCH OR MORE... 51.00 INCH OR MORE... 1<! — EndFragnent --> Precipitation Data for May-1999 tattp://vimrw.8oiis.agri.unm.edu/researcfa^cfimatology/text/prefimJicd/insp/990S.txt 6/9/99 -- - ---- i*age 1 ot 1 < I “StartPt«gB*nt —> ...PRECXVZTATON DATA.. .TOTAL FOR THE MONTH.......... 3.43 DEPARTURE FROM NORMAL... 1.01 INCHES ABOVE NORMAL TOTAL FOR THE YEAR. . . B.36 DEPARTURE FROM NORMAL... 2.17 INCHES ABOVE NORMAL GREATEST DAILY.... 0.91 INCHES ON THE STK.. .NUMBER OF DAYS.. .MEASURABLE PRECIP... ISO.10 INCH OR MORE... 90.50 INCH OR MORE.. . 21.00 INCH OR MORE. .. 0<!—EndFragment—> f rccipitaHon Data for April*1999 tp://www. 8oUi.igri.uiaiLedu/miirdi/GUouttok>gy/text/prdifflJod/tnti>/99(>4.txt 6/9/99 Weekly Precipitation, Departure and Ranking Maps for June 7, lyyy Page 1 otI Precipitation Jun C2-Jun 07. 1939 m m •' Sw '•r.rr--fl — M if no h«* y'•ipS mi State Clknatology Ofloe. 08-0i r-tssB Precipitation Ranking B& A n4 IttM nT 4QQQ t-; Precipitation % Normal Aak»n4 itiM n7 ii t 'rSri '■■m ' 7^ •f > •4-u , oV r -- ; State Ciimatoiofiy OfSoe, 00*07-1900 ito-'T^.'i ifii' pfe. -ij-' - :•:.-'..i.. Msm State Cilmatolofly OfSct.C6-C7-t9Si z. [wit«fi hightst '• cc^^c•y^y?or•>:':'~/:ccco:ooocccoooococ^Jocoooooooccoopcc^JC r- I t!a i=^ Return to S^mtC'iota Climatology' Wcrkirs Group Main Pai^e^ mc\»i(§icflt umn.idu hup: //climate .unrn. eda'doc/weekmap %eeicn3p_99 0607 .htm 6/9/99 RiViibif \ V-V-,/ GlTYoF ORONO Municipal Offices Strest AMrati: 2750 Kelley Perkwey Orono, MN SS3S6 Malllni Mdriss; P.O. Box 6S Crystal Bay, MN 55323-0066 TO:Melanie Curtis FROM:Matt Bolterman, On-Site Systems Manager DATE:March 3,2004 SUBJECT: Septic Review for 1100 Townline Rd. The property is proposed to be split into two lots. One of the lots has an existing house on it and the other lot is vacant. Both lots have two septic locations large enough for five bedrooms. Both lots meet Oronos and State septic code requirements. I recommend approval based on septic concerns. tblaplNM (fSD 24M4M • Fax (fS2) 24M4U www.cLonNMUiiB.as I 1 UBainiiiia ■ > f i S-P TESVNG, INC.Steven B. Schirmers • MPCA Cert.No, 627 651 Katydid Lane NE • St. Michael, MN 55376 • (612) 497-3566 FAX (612)^97-5011 State License #394 May 12.1999 Chris Diesen 1100 Townline Rd. North Lot Orono, Henn. Co., MN This on-site sewage treatment system Is designed for a Type 1, three bedroom home, In accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. The soils on this site are SCS soils mapped - KkB - Kilkenny loam. The seasonally saturated soils were located at 12" to 30" (mottled soil). Due to the seasonally saturated soils, a Pressurized Mound System will need to be installed to treat septic effluent. The bottom of the treatment area must be located at least 3* above the saturated soils. The soils at a depth of 12" have a percolation rate ofio.o mpi. A pumping chamber will need to be installed to lift the effluent to the treatment area. The power supply and switches must be located outside the manhole and pumping chamber in a weather proof enclosure. A warning device must be installed with a light and sound device, this is in case of a pump failure. The manifold and supply line pipe must have back drainage to the pumping chamber. The distribution pipes shall have their ends capped. Be sure the rock and sand fill material are clean. The sod layer below the entire mounded area must be turned over, just break up the sod, be sure not to over work. All neighboring v^lls are located greater than ICX)' away from the proposed treatment area. 1 1 j. I ^ mup^ Keep all heavy equipment off of the proposed treatment area before and after construction. The treatment area should be marked off before construction. This Design Is not valid & the system will need to be relocated if failure to protect the areas proposed for On-Site Sewage Treatment occurs. With proper installation and maintenance, ttiis system should have no problem In treating septic effluent effectively. Nothing other than human waste, toilet tissue, laundry, showers, water softener etc. should be disposed of into the septic tanks. Iron filters must be diverted out of the system. Garbage disposals are not recommended, due to adding more solids & fine solids passing through to the system. Excessive amounts of soaps, anti-bacterial soaps, cleaning agents & chlorine agents may kill the bacteria needed to treat septic effluent. Additives are not recommended. Recommend to pump & dean your tanks through the manhole by a certified pumper every 2 years. Check with your pumper to set up a schedule. Steven B. Schirmers r .tr _____ftnPEAtvl ’ t,\ME._______________________________ OlJ O^IA I X y t®w4.Cc.i-.-• • ■awrfe ....Wlj — tur^(ri0\» t "H.S •c'.. ?: r-/" i!S __I n".;?' A Vvu,' , rV-- ------------^ I qU ia >-f I Li"I I M ....... . a, .r^-.js\, i).’ - j»A''' y»in Ll. . ^ —"J X ' • ,s»»rr!kW..<V>^ — ..-. I ** Av-v- V^AV^ __________ftnSM<K&2lT£.__ftaffATii —-Mn £^---- n^v^? lU Vdi.’g^ * A QI%taiBrion T»fi Swle*—L ----------- QSoi Borhgs 9B0Ch Mo«A Nolii Thii lyiiyw ii tebt eonrtAdid i® Iht limsiM WMb® C»kd Afwy Cliaptcr 7080 a Local Ordinance mPOTY QF« CHg^S Aroiiio, acmki, co.j.ryjsL 5-^ r^5TA OMifred Bf Ootr i^/il/2? PM. 612-497-3366 - Ln'- -no - 9i.iiU \/%^W. HOUSE rOlA-. WAw>^*v^< SET - BACKS *1^+/o' U: r r:j •** LO\o<V^System fwsi be s TonX Ji.* from pcope/ty ines JUl’ from 32. f«Kn bO^s. , :C*u#t\4u^ lircQtmeni OfW :=-* t»oni tote*, ^ NOTE*> PUW SUPI^ «md swdchci raai be locnied « o Trtolrnenl oreo fmm property l#«S - - ---------------- MAMM0C6S eM n 21.* from eas --------------------------B0R1N*G ELEVATIONS I " TH*I EL.-flLVw t£ JtatpJg-TgA MSivI loB Mo*,Mo4’ ^ <,WAU^oJ <l0 6*‘dio.pipc SYSTEM DESCN-MOUNP TYre-i. JL.BEDROOM. iWerogepercdoHoo flit.kin«iywh(A#gn.85MlfWlmBr<aeo , .‘%o »-lnNa of^^/OOfeaol^-Ob.^ pip*. fcvu««iir^. JilL,-..mo*»l_llg-A)Oivflof-i db.rtp.>r,.«*dJ2_._2^»-. ------- *-y*y wmiMi fft fr*“* ****"^f*r***rV*^^ /poo ObUttultan f(p« J^*«a, /L3_»vft. -^*tmlfttn iluJ'aparl pressure cusTReinxyi mouno sv^iEM TH.3i«E;L.-aa.o TW^AEL.-JOJ turvWIKW d PROPOSED IWPWC chamber . RTT**/Jy.-NOV JM-0 I* \_ovLra^t'■P'-oo'd-- "•*® ^Vo MU . MU.m. <ra«i.. «.« ■:• . W. «..*«»•« *W« 7TiTItV !• diverl ror»-ofl Jcom cnKiing iftotmenl ono. ^ 5- Ocwfocd 9»>----- 0dc>^/lL/a2. P»<- WZ-^^T-SS66 •-. S-P TESTINO, INC.MbH EX' Steven B. Schirmers & Debra M. Schirmers 951 Katydid Lane NE • St. Michael. MN 55376* (612) 497-3566 FAX (612)-497-5011 State License #394 June 19,1998 Roger Diesen 1100 Townline Rd. Orono, Henn. Co., MN This site has an e)dsting on-site sewage treatment system classified as failed. The system is surtace discharging which is classified as an imminent health hazard under Minnesota Chapter 7080 rules which must be repaired or disconnected within 10 months. This v^il need to be verified with the cHy. This on-site sewage treatment system is designed for a Type 1. three bedroom home, in accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. The area available will support a five bedroom home for a sub-division. Approval will be needed from the city to be 10' away h-om the house with the tanks and 55' away from the well with the tanks. e The soils on this site are SCS soils mapped - KkB - Kilkenny loam. The seasonally saturated soils were located at 12" to 24" (mottled soil). Due to the seasonally saturated soils, a Pressurized Mound System will need to be installed to treat septic effluent The bottom of the treatment area must be located at least 3' above the saturated soils. The soils at a depth of 12" have a percolation rate averaging 4.2 mpl. A lift pump will be needed in the lower level for the floor drains. The existing tank is most likely not water tight and will need to be abandoned, pumped and filled with soil. 1 A pumping chamber will need to be installed to lift the effluent to the treatment area. . The power supply and switches must be located outside the manhole and pumping chamber in a weather proof enclosure. A warning device must be installed with a light and sound device, this is in case of a pump toilure. The manifold and supply line pipe must have back drainage to the pumping chamber. The distribution pipes shall have their ends capped. Be sure the rock and sand fill material are dean. The sod layer below the entire mounded area must be turned over, Just break up the sod. be sure not to over work. All neighboring wells are located greater than 100* away fiom the proposed treatment area. Keep all heavy equipment off of the proposed treatment area before and after construction. The treatment area should be marked off before construction. This Design is not valid & the system will need to be relocated if failure to protect the areas proposed for On-Site Sewage Treatment occurs. With proper installation and maintenance, this system should have no problem in treating septic effluent effectively. Nothing other than human waste, toilet tissue, laundry, showers, vrater softener etc. should be disposed of into the sciatic tanks. Iron filters must be diverted out of the system. Garbage disposals are not recommended, due to adding more solids & fine solids passing through to the system. Excessive amounts of soaps, cleaning agents & chlorine agents may kill the bacteria needed to treat septic effluent Additives are not recommended. Recommend to pump & clean your tanks through the manhole by a certified pumper every 2 years. Check with your pumper to set up a schedule. Steven B. Schirmers ‘. i i i / d «i77 4 V / iV r -T>'- IKKISC 9lao vvievs/. 5rr- PACKS A./o'------------^k —if—1 Syilem fiwsi be» TortH 2®.’ from property iof s JIL* bom »(eOi | AO from fcrw/»v. »a ^ Itolmcri oieo r. *Oeom» Treolmcol vto propwlylir'e* MAmMol£.S ‘K* .2£*bom well note :RM«r supply ondswbches mal be tocoied eio 'wtolher jrool oiivdt the pump«ig clombfr ond monhoie -jjQmiff Jbop lpjro^_ IAvTIoB' Took ___l-JBy 7onk •» fL ^IL.from liWqv /u^ (fomlicM t ^ SOIL BORIN’G ELEVATIONS TH*') £L.-iBiA. PTESSURE PSTRCjnON MOUNO SYSIPA I^Jmpin9 Omb9f ELrJ^ TU>£L.-JS£y THrn EL.-^ pmvi «uo Moo'ioV '^toG'dio.pipc SYSTCM DtSCW-MOUND lYpg—jt 3 BFnRpQM . pBcJotion w<«A^i*u/it«h(<faign-ronft>i*»«nlc<wn*rgilo>tf<iJy*t'-"y*<>*) . . * ___ ^ ________ f • fl ImwA Ilf bfdOM« side tec EL!V»TOI ot PfWJPOSEO PUMWJG, U««uwu^ *-<• !•••* T»v Q<- •• *’ -*»■’•» TYPC-i. JLb COROOM. PWCID«0« J:3.i*u/Kh (d»prov,n n«*rrt o« f.O^ flh—ir-eAd) AnJ»22S$- OtanaarfM «ek «W»w- i son^fbom batbl*_i^oi»d».op|i«., -o» tWO.Xo>» -fo <DT»oifc-#»»' T* »» » - —nn<i" ^ /0»P yl ,?ndto*ilaBaflBLn»WUW 1V*t* TUrnnHu c-poul,-25%oiao»,^«to-ofil^,-.ilJ^g**«-^ 150q.»/BI»^g**pip.»«k<h*«V- PROPOnYOF:.t^it>Tr- rf iV /inohiltnf_A-*ifa.»»Pi<» p!p«, <atlneededJ3B —, .11 —giMnionWd J2^.»i/00ii(lrf_!l. dki.pip*,6ifti*«I«l.X.,_A ff* fold cqioclly ficcte.«£3^9d.(|Anaimilbrpiimp) u^e. mm. lla ai|iM:ityi'l£’.9al.4cyde«/d^r) .U&SiSI—^—L •^r'/ ‘ - - . ^ IIqI^ Oiiloocc f*om lieofcmnl o»eo lo nei^ytoinq "TVlftvA /OQ*______ //QO ppUb^j crfny^p Noli * Wico comwutlioq bed t , Ihit orco »hou^ be teped loclwcfl rufi-oll from Cfilcring ticolmcfd Qrf9. • ____f. ( .» •l**»»*• r ' '• I ••V.H M f 1: V )"■ f { w ■I ® r; PTv-: l^i •••,.u***. •• • ^5?rri^ms rass! iiB I • t... ‘r,% r. .!» V >^- * - W^mmMM^ Mi if? -'i isr ■mm : JlV -. f- * . V.^SPET .-'4 i.. «■ , V - V >• ? f 'Vv^. ■ .^m t,^m ir\-»i ^ m Bonestroo Rosene Anderltk & |\J| Associates Engineers & Architects Bencftreo, Reitnf. Anderlfk »t%4 Aiieelacts. Inc. It an Afflrmatlv# Aetton/fquaf Opportunfly Impioycr iMitf linafoyee Owned Rrlncipeic Otto 0. Bontitroo. RC. • Marvin L Sorvaidi. ML • Otnn 0. Cook,PM. • RoOcrc a Sekuniem. PI. • Jtrry A Roufdon. PJL • Mark A Hanion. PM Sonlor Contuittnti: ffobtre W. Kosent. PM. • ioitph C And#rflti. PI. • Pfehord t TUmor. PM • Suian M. eocrin. CAA Affoclatt drincipait: Rttch A. Gordon. P.M • iebtft ff. ^faffartf. PM • tichard w. Foster PM. • David O. Lotioca. Ff • Michael r. Aautmann, F.C • Hid it. Pioid. P.l. • Kanntth P. Anderson. P€. • Mart I?. AeiPi. F.C. • David A Ronatiroo. M.B A • Sidnty F. WIfliamion. PM LI • Agnes M. Ring. MJ.A • Allan Rkk Schmidt. PI • Thomat W Fetarion. PM • James I. Maiandl Ft • M«ei ■. Jensen. PM • L Fniikp Gravel in. F|. # Oamei i. Cdgerton. pi • itmaaf Martinet Ff • Thomas A. Syfio, Ft • Sheldon j. Johnion • Dale A. Grove. PI • Thomas A eouihar PE. • Rokert J Oevery. Pf. Offices; St. Paul. St. Cloud. Aochester and Wiiimor. MN • Milwaukee. Wi • Chicago IL Match 8. 2004 \M0slte; wwwDonesiroo.com Ms. Melanie Curtis Planner City ofOrono Post Office Box 66 Crystal Bay. MN SS323 eflniMfy Re: 1100 Townline Road File No. 139-04-000 Plat No. 04-2989 Dear Melanie: We have reviewed the ^plication for the two-lot subdivision at 1100 Townline Road. The proposed project would subdivide sn existing parcel of just under 14 acres in size into two residential lots. Both lots would share a conunon driveway off of Townline Road. We have the following comments v/ith regards to engineering matters: • The final plat should include the dedication of 33-feet of road right-of-way for Townline Road. • Easements should be provided over all wetlands, ponding areas and drainage ways. • Drainage and utility easements should be provided 10-feet wide along exterior lot lines and S-feet wide along all interior lot lines. • A driveway easement should be provided over the existing driveway for access to the northerly lot. If you have any questions please call me at (651) 604-4863. Yours very truly, BONESTROO, ROSENE. ANDERLDC & ASSOCIATES, INC. Tom Kello^ Cc: Greg Gappa, City of Orono 2335 West Highway 36 ■ St. Paul. MN 551T3 • 651'636*4600 ■ Fax: 651-636-1311 HgMii •« No. 20530 STATE OF MINNESOTA COUNTY OF HENNEPIN DISTRICT COURT FOURTH JUDICIAL DISTRICT App. and Last Do. Mo. 7362796 Court File No. S ^30-118-23 In the Matter of the Application of ) Roger H. DIesen ) ) ) To Register the Title to Certain Land) ORDER AND DECREE OF REGISTRATION The above entitle matter came on for hearing ^at the Government Center in the City of Minneapolis, County of Hennepin, State of Minnesota, on February 25,2003, before the Dq>uty Examiner of Titles to whom said matter has been duly referred, to hear the evidence in said cause and report his conclusions therefrom, pursuant to M.S.A. Section 508,13, and it spearing to the Court from the final rq>ort of said Dq>uty Examiner, that all the requirements of the law in respect to the Application herein and any thereto have been complied with and that all the defendants in this proceeding have been duly served with process, as required by law, and it further appearing that no Answer or Notice of Appearance of any has been served or filed in this proceeding, except for the answer of Defendant Richard Rudd, which answer has been withdrawn. IT IS ORDERED, that a default as to each and every defendant named in the Summons and any amendments or supplements thereto and all heirs and devisees of any of the persons named therein who are deceased and all other persons or parties unknown claiming any right, title, estate, lien or interest in the real estate described in the Application herein, be and the same is hereby «<nt*red. The Court, having duly considered the A^lication, the Rqjort of the Examiner, the evidence adduced by the Applicant in support of his right to this Order, and being My advised in the premises, finds: FEB 2 5 2003 luNWFR PEB 2 7 2003 . • t I i . • ' 'I . • • • 1 . That the estimated marlcet value of the premises hereinafter described, exclusive of improvements, according to the last official assessment thereof is S 200,000.00 2. That all the requirements of law in respect to the Application and any amendments thereto have been complied with and that all of the defendants in this proceeding have been duly served with process as required by law or have consented to the registration herein and it further appears that no Answer or Notice of Appearance has been filed in this proceeding, except for the answer of Defendant Richard Rudd, which answer has been withdrawn. 3. That, except as hereinafter provided, none of the defendants named in the Summons and any ’ amendinents or supplements thereto, have any right, title, estate, lien or interest in the real estate hereinafter desc^^ a 4. That the premises hereinafter described are occupied by Chris Diesen at the sufferance of Manha Diesen who holds a life estate in said premises. 5. That the lifetstate of Harold Diesen reserved in County Recorder Doc. No 5715852 has terminated by ' his death. 6. That Thomas R. Diesen is deceased, having died more that three years ago; that an undivided one-third interest in the within land was his sole probate asset; that he was survived by his wife, Judy H. Ellis, and two children: Angela Dickerson and Denise Caldwell; that the decadent left surviving no other children, and no issue of decease children; that no will has been found and no probate proceedings have been commenced and no administration had in this state or elsewhere; and that title to said decedent’s undivided one-third interest in the within land has vested in Judy H. Ellis. 7. That Judy H. Ellis and Elilcen M. Carter each is the conveyed there undivided 1/3 interest in the parcel herein for purposes of this proceeding and are entitled to a re-conveyance of their rc^ec^ive interests upon co^e^on here^sty^ 8. That the encroachment of the power pole and wires along the north line and across the southeast comer of the land described in the application as shown in the inspection report of the county surveyor, subsists as a matter of sufferance. 9. That the encroachmeat of the barbed wire fence along the Northerly line of the land described in the application as shown in the inspection report of the county surveyor and the plat of survey on file herein subsists as a matter of sufferance. * 10. That Town Line Road is open and in use across the westerly 33 feet of the land described in the application, and the City of Orono has an easement for such use. 11. That defendant William H. Buclonan is deceased, his estate has not been probated in Minnesota, and the names ofhis heirs are unknown. ---- • M 12. That the Order for Summons contains an error in that it state that defendant Robb Rudd is a resident of Minnesota, whereas in fact, on the date of the Order for Summons, he was deceased, and his heirs have been given notice of this proceeding by publication 13. That, to the extent that Applicant does not have record title, he, and his predecessors in interest have acquired title to the above described land by adverse possession by occupying it for more than 15 years in a manner which is actual, open, continuous, notorious, exclusive, hostile, and accompanied by an intention to claim adversely. . . l4. That the occupants of the parcels which abut the parcel claimed adversely by applicant are: Gary L. Valenta and Carol D. Valenta (parcel to the Northwest), Michael L. Theis and Bonita K. Theis (parcel to the North), Richard Rudd (parcel to the East) and Charles H. Kickhafer and Maxine K Kickhafer, aka Maxine B. Kickhafer, and the City of Orono (parcel to the West). IS. That all the material allegations contained in the Application are substantially true, as herein stated, except as hereinabove found, and that the Applicant is entitled to the relief prayed, as herein provided. NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1 . That a default as to each defendant named in the Summons and any amendments or supplements thereto and all heirs and devisees of any of the persons named therein who are deceased and “all other persons or parties unknown claiming any right, title, estate, lien, dr interest in the hereinafter described real estate”, is entered in the above entitled action. 2. That Roger H. Diesen, whose post>office address is 105 Beach Drive, City of Rockford, County of Wright, State of Minnesota, is the owner of an estate in fee simple of the land in the County of Hennepin, State of Minnesota, described as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 118, Range 23, described as beginning at the intersection of the west line of said Section 30 and the south line of the north 369.48 feet of said Northwest Quarter of the Southwest Quarter; thence easterly along said south line 1215.22 feet; thence southerly deflecting to the right 91 degrees 48 minutes 25 seconds to the north line of the south 446.2 feet of said Northwest Quarter of the Southwest Quarter; thence westerly along said north line to said west line of Section 30; thence • northerly along said west line to the point of beginning » 3. That said interest in land be brought under the provisions and operations of Chapter 508, Minnesota Statutes, and all acts amendatory thereof, and that the title thereto be confinned and registered as provided m and by said act; subject, however: To any rights or encumbrances which may be subsisting, specified in Section 508.25, Chapter 508, Minnesota Statutes, and all acts amendatory thereof; ¥ jr ‘ • • To a life estate in fkvor of Mar&aDiesen as reserved in C.jR. Doc. NO. 5715852. To an easement in favor of die City of Orono for public road purposes over die westerly 33 feet of the above land as determined in Torrens Case No. 20530, Order Doc. No. To die obligation of Roger H. Diesen to reconvey an undivided 1/3 interest in die above described land to Judy H. Ellis and an undivided 1/3 interest to Eileen M. Carter. 4. That Roger H. Diesen is of legal age and is under no disability and is single. FEB 2 6 2003Dated: Judge of Diarnct Court Decree enteredthisQ[l^%ay ^ 200 at jSi/IiOo’clock ^M. Mark S. Thompson, Court Administrator Ths lofMcilffifl ffsiste WAfs feufid iMf IM tftar due tieartng and the entyOl Ml OacTM of Bagmi'aiion la raeoflvnatwiai' i •• Pat,. VaS-/g>5 •• • •« • '( •(«» O .^•■5 **a« ^ V'<•• MU, [■ syWbiV * March 8, 2004 Mr. Michael P. Gaffiron, Planning Director Planning Commission City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 Dear Mr. Qaffron: We are Michael and Bonita Theis. We live at 1180 Townline Road In Orono, directly north of the Diesen property at 1100 Townline Road. We have been trying since 1997 to Torrens our property line so as to establish our property lines. However, we have been held up in this effort because of the lawsuit against us by Jane Slaughter and Dick Rudd. They claim that the never used Historicai Cartway of the early 1900's along the north end of our property is their only legal access to their property which otherwise accesses over the Burlington Northern tracks. This access over the tracks is a legal access. (Enclosed is a copy of Minnesota Statute 219.35 addressing this issue.) This lawsuit subsequently affects all of the property lines in this section on which multiple surveys have been done, all producing different results. If the Diesen property is also affocted it is because of this action by Slaughter and Rudd. Sincerely, Bom^rThbis ii^AsS) End. ‘1 . v_. I i 1.1! §219.35 CABERS 21935. Crossings and dndnt I i Persons owning lands abutting upon a railroad may construct, at their own expense, crossings under, over, or across the railroad and drains under and across the railroad at places and in ways that do not obstruct or impair the use of the railroad. Before constructing them, the owner of the land shall aerve on the nearest station agent of the company a notice, stating in detail / the work which the Isuidowner desires to perform, and the company may JL conaruct that work: but the crossings and drains may not be opened For the xtie of the landowner until the landowner pays the reasonable cost of con< Struction. These crossings and drains must be maintained and kept In repair by the railroad company; however, the railroad may require reimbursemcm I from the abutting landowners of its reasonable and accountable maintenance I and repair costs when maintenance and repair nre initiated by the landowner j and agreed to in advance by the railroad company. The railroad company I shall ensure, allow, and not prohibit reasonable egress and ingress under. ■ V over, and across a crossing except as may be required for maintenance of the crossing or for normal operation of the railroad. Amended bylaws P'^S, c. 265, art. 4, § l; Laws 1986, c 444; Laws 1991, c. 83, 9 1, cff. May 14, 1991. Dcrtvnllani $U927. f 4748. Gcn.SU923, f 4748. G«nSLt913. f 4Z47. 2Uv.taws 1905, f 2001. aeaSLl894, f 2497. HlftoHeal mud Statulory NoUi The 1996 amcndineni authorized the remoY* at of nonsubfUntive fiendof sp<cihc rifer«r\ces. The 1991 amendfutnl addad the Anal two acjitcncci^ auihonxlnf railroadi to roQulre rc* imburtemcnl from abutting landowners of costs In cormection vfith the mstlnteoancs and Cett.SLSupp.1879^, c 34, S 97b. repair of crowlnp and drolss when roslntc* Uws HIT. c, 174, • 1. ^ iniUsled by tht land* Tha t98S smtndmsni was a rcvisoc^s Inti rue* owner and agreed to by the railroad and rc* don o^rrocsing srroncoui. ambiguouc, omitted qviirlng socen over railroad right*cf«way to ad* and oisfoleu rtfersness and text. Joining properliei^ respectively. Cross References Railroad to carry highway drainage ditch acrou its i*ight of way, see f 160.19, Koles of Daclsloos Damagtai t road company to take strip through farm iheury that the bnd was ukcfi. leaving 1, Dtunagea In condemnation proceedings, the eommls- tlonera might have aaseased the entire damage without any rtservailon* leaving the question of dressings and pmsge wayt to be settled under itatuic. Minneapolis, St. ?.• R. St D. oa leaving lbs owner ns right lo cross. Sigafoos v. Minne* npolis, L. dt M.a. Co., 1881 39 Minn. 8. 38 N.W. 627. It was error, under sUlule, to charge that, no crouings having been reserved to plaintiff, he was not, aa a cnalUf of law, entitled to any. Eleetrie Traction Co. v. St Martin, 19Q9« 108 and that his damages should be asscased ac- Mlnn« 494, 122 W.AV. 4S2. cordtngly. Schiutdi v. Minneapolis. U di M.R. In view of statute, damsgsi could not be Co., 1888, 38 Mian. 491, 38 N.V. 487. asiessid. In condemnalion piocecding by rail* 276 >• ir Jg ! m RUNDA1C:V^ 70 UIIS244IOOOS •nOPADOR imTOWNUNERD )WNERNAME D HENDRICKSON/P HENORICRSON taxpayer DANA HENDRICKSON niSTOWNUNERD MAPLE PUINMN 55359 70 3SIII244IOOOI ■ROPADDR NN5 TOWNUNBRD JWNERNAME ANDREWOATSIOAKDS ANDREW G ATSIDAKD8 jA|j0AnnB 1045 TOWNUNE RD MAPLEPLAMMN SS35R M 3011123320002 •ROPAOOR IIOOTOWNUNERD TVTHCRNAMB GARY LVALBNTA a WirE taxpayer OARYLVALENTA I IIOOTOWNUNERD maple PLAIN MN SS3S9 WUMEMl 31 3011823320005 7RDPAOOR 1020 TOWN UNE RD 3WNERNAME TJLUNIESKIAJPWAHL TAXPAYER TJLUNIESKJRJPWAHL NAMWADDR 1020TOWNUNBRD maple PLAIN MN 5S359 HENNEPIN COUNTY PROPER’ «FORMAnON SYb I fcM PROPERTY OWN -ISfT • • 4fO ‘s t lO ^ 70 2M1824410006 PROP ADDR 70 ADDRESS UNASStONED OWNER NAME J A LARSON ETAL TRUSTEES TA3CPAYER X3YCE A LARSON NAME/ADDR 1I«OCORDNOI9 MAPLE PLAIN MN 55359 70 2511824410007 PROP AODR 1067 TOWN UNE RD OWNER NAME CMOLOSSOP&KKCLOSSOP TAXPAYER CMOLOSSOPAKKCLOSSOP NAME/ADDR 1067 town LINE RD MAPLE PLAIN MN S5J59 }• 3011823310004 PROP ADDR 4575 WAY^ATA BLVD W OWNERHAME KATHLEEN M RUDD ETAL taxpayer RICHARD RRKATHLEEN M RUDD NAME/AODR 407 PARK LA LONCLAKEMN 55356 IT 3011823320001 PROP ADD* 1160 TOWN LINE RD OWNERN/«MB MRBTHEIS TAXPAYER MICHAEL LTHEIS NAME/AODR I IIOTOWNUNE RD MAPLEPLAMMN 55359 38 3011823120003 PROP ADDR I too TOWN LINE RD OWNBINAME ROGERHOIESENETALSUBJIU TAXPAYER MARTHA E DIBSEN NAME/ADDR IIOOTOWNUNERD MAPLE PLAIN MN 55359 31 3011023320004 PROPADOR 1040 town UNE RD OWNERNAME CRMKJCKHAfER CHARLES R MAXINE KICKHAf ER NAMBIADOR I040TOWNUNERD maple PLAIN MN 55359 OFTHB HENNEPIN COUNTY TAXPAYER SERVICES DEPARTWOJiTO OFMY KNOWLEDGE ANDBEUBF. _ w date «4:’7~o_7 bY Wi. 2sr- ^/a- 2 ‘/-<g) i>,'[ r "-----‘-----‘------"'*v- . ;A.,. ., .V..--.,>tA *■• *•“** «*, ,.• *.'*•'? I I- y •1b m 30 ' //a -2 i • ./! : < 1 ■ ^ • t 1 •«1 ff« 1 .!wt 1 • ■ % *«,'■• ^ • • • ' * ^ ' __ni^^—il^——■■y——"™***^*^*^^ 1 3*>-nB^3yA -.-■ ffftfffi* l^.r 1 h Bertie n" o Memorandum Date: March 18,2004 Chris Dresell and City of Orono From: Renae Clark, Minnehaha Creek Watershed District, Permitting Technician MCWD permitting requirements for single family home subdivision at 1 1 00 townline Road The Minnehaha Creek Watershed District (MCWD) will require a permit for the above mentioned project. The permit application will require the approval from the MCWD Board of Managers. Board meetings are held on the second and fourth Thursday of each month, variance requests an heard the fourth Thursday of the month. Permit applications must be complete at least 21 days before the Board meeting to be scheduled on the agenda. For a complete review of MCWD Rules, and a link to the “Urban Small Sites BMP Manual ” please sec our website at www.minnehahacreek.org The following is a brief outline of applicable MCWD rules and required submittals for commercial, industrial and institutional development and redevelopment: Rule A: Procedural Requirements: • Submit a Combined Joint Notification permit application • Submit mailing labels from certified from Hennepin/Carver County for all properties 600 feet from your project for public notice of your project • $10.00 permit application fee Rule B: Erosion Control • Submit a site plan with the following information o Site property lines o Existing and proposed grading contours sufficient to show site drainage (two-foot contours are preferred) o Location of building and structures on the site o Proposed grading or other land disturbing activity including areas of grubbing , clearing, tree removal, grading, excavation, fill and other disturbance; areas of soil or earth removed placed stored on site, and delineated limits of disturbance on the site o Location of proposed run off control, erosion prevention, sediment control and temporary and permanent soil stabilization measures o Locations of stock piles of soil and erosion control from wind and rain for the stock pile o Plans for minimization of soil compaction and decompaction of soil up to a depth of at least six inches before revegetation o Detailed schedule indicating dates and sequence of land alteration activities, implementation, maintenance and removal of erosion and sedimentation control measures and permanent site stabilization measures Rule D: Wcdand Protection (applies to ail projects where there is wetland on the subject property) Provide a site plan which indicates the location of all wetlands on the subject property Provide a wetland delineation report All wetlands on the subject property must be provided a wetland buffer in accordance with Rule D according to the size of the wetland basin a:; follows; o Wetland basin 1 acre or less»16.S-foot wetland buffer o Wetland basin 1 - 2.5 acres * 20-foot wetland buffer o Wetland basin 2.S - S acres = 2S-foot wetland buffer o Wetland basin >5 acres - 3S-foot wetland buffer Wetland impacts must be addressed in accordance with the Wetland Conservation Act Wetland mitigation for excavation in types 1,2, and 7 must be provided 1:1 or submit a function and value study using MnRAM or MCRAM assessment method to demonstrate that the function and value of the wetland is increased with the excavation Rule N: Stormwater Management Requirements are based on the SIZE OF THE SITE and DENSITY OF UNITS as follows: • Stormwater management requirements for single family home subdivision with a density of less then or equal to 2 units oer acre a re as follows; o Size of site 8 acres - 20 acres ■ Project must propose permanent Best Management Practices that are good for water quality in addition to those required for rate control. ■ Stormwater runoff rate control • Submit existing and proposed runoff rates for the 1,10, and 100 year rain events. Run off rates may not increase from the exiting rates J I Date Application Received: 2>IS-04 Date Application Considered as Complete: 2-18-04 60-Day Review Period Expires: 4-18-04 REQUEST FOR COUNCIL ACTION cniiMrii mpfting APR 1 2 2004 CITY OF ORO.N'O Date: April 7,2004 Item No.: ^ Department Approval: Name: Janice Gundlach Title: City Planner Administrator Approval:Agenda Section: Zoning Item Description: #04-2992, Ron & Roberta Potas, 2190 Shadywood Road, Variances, Resolution Zoning District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District ('/j acre minimum) 0.75 acres (32,830 s.f.) 100 feet List of Exhibits A - Resolution per Planning Commission Recommendation B - PC Action Notice 3-17-04 C - PC Memo and Exhibits of 3-10-04 Application Summary: Applicant requests the following variances in order to replace an existing '/i story with a full 2"“ story and to change sections of the roof that are currently flat to pitched, all while staying within the existing footprint: 1. Side setback variance to allow a west side setback of 5.6’ at the garage when 10’ is normally required and 5.6’ currently exists. The changes at this non-corxfonning setback are a current flat roof will convert to a pitched, hipped roof. 2. Average lakeshore se.back variance to allow an encroachment of 10’ into the average lakeshore setback when a 10’ encroachment currently exists. 3. Hardcover variance to allow 42% hardcover in the 75’ - 250 ’ zone when 25% is normally allowed and 42% cunently exists. Planning Commission Recommendation Approval of the plans as submitted with the following stipulation: I. The two sheds on the property, one in the 0-75’ zone (23 s.f.) and one in the 75’-250 ’ zone (60 s.f) zone shall be removed. Staff Recommendation Approval per the attached Resolution. COUNCIL ACTION REQUESTED Adopt the attached Resolution granting a side setback, average lakeshore setback, and hardcover variance for 2190 Shadywood Road. i.) } \ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 (B), 78-1279 (6), 78-282, AND 78-1288 FILE NO. 04-2992 WHEREAS. Ronald F. Potas and Roberta Potas, husband and wife (hereinafter “the applicants”) are the owners of the property located at 2190 Shadywood Road within the City of Orono (hereinafter the “City ”) and legally described as follows; Lots 14 and 15, Block 1, Wiley’s Park Minnetonka, Hennepin County, Minnesota (hereinafter the “property”); and WHEREAS, the applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-350 (B), 78-1279 (6), 78- 282, and 78-1288 to allow a side setback of 5.6’ when 10’ is required and 5.6’ currently exists, a 10 foot encroachment on the average lakeshore setback, and a hardcover variance to permit 42% hardcover in the 75’-250’ zone when 25% is normally allowed and 42% cunently exists in order to replace an existing '/j story with a full 2"** story and to change sections of roof that are currently flat to pitched, all while staying within the existing footprint. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #04-2992. The property is located in the LR - 1C zoning district, which requires a minimum lot size of 0.5 acres. The applicant’s property is 0.75 acres. 3.The Planning Commission review'ed this application at a public hearing held on March 15, 2004 and recommended approval of the side setback, average lakeshore setback, and hardcover variances based on the following findings: Page 1 of 5 I II i i 4. 5. a. The proposed improvements amount to a renovation rather than a rebuild. b. No new hardcover is proposed. Because existing hardcover exceeds the normal limits, it would be appropriate to require removal of nonessential nonconfom. ng hardcover including 2 sheds. c. The revised .oof line above the garage does not result in an expansion of living space within the substandard setback but allows for better management of roof runoff. d. The improvements proposed will take place within the existing footprint. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and world 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 variances to Orono Municipal Zoning Code Sections 78-350 (B), 78-1279 (6), 78- 282, and 78-1288 to allow a side setback of 5.6 ’ when 10 ’ is required and 5.6 ’ currently exists, a 10 foot encroachment on the average lakeshore setback, and a hardcover variance to permit 42% hardcover m the 75 ’-250 ’ zone when 25% is nonnally allowed and 42% currently exists in order to replace an existing ‘/j story with a full 2"** story and to change sections of roof that are currently flat to pitched, all while staying within the existing footprint, subject to the following conditions: Page 2 of5 ii i r 1. 2. 3. 4. 5. 6. 7. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Hardcover in the 0-75 ’ zone shall not increase above the level of 1.2%. Hardcover in the 75-250 ’ zone shall be limited to 7910 s.f. or 41.5% and hardcover in the 250’-500 ’ zone shall be limited to 2375 s.f or 38.5% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. Applicant shall remove all plastic or fabric liner mztcrial from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. Two shed shall be removed as depicted on Exhibit A. The two sheds shall be removed prior to issuance of a building permit. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variances will expire on that date (April 12,2005). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants’ 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 the 12* day of April, 2004. Page 3 of 5 11 I ; i i '■ I d I i 1 ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of __, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this by Ronald F. Potas, husband of Roberta Potas. day of ,2004 Notary Public State of Minnesota ) )ss. County of Hennepin ) This instrument was acknowledged before me this by Roberta Potas, wife of Ronald F. Potas. Notary Public Page S of S « I day of .2004 1 N1,111 i i i .JL HARDCOVER EXISTING/PiCVObeD 0-75 7725 SF 0 ALLOWED SS - ^ «^*'«^AL10WEI> A TOTAL » ^ L0CK.'60X PER. 75-250 19M5SF X 25X- 4766SF HC MAX. HOUSE- 320BSF DECK- 1133SF SHED- 60SF-VT© Sr ftCMtVE D OWVE - 3220SF STOOPS -167SF KEhUEL— 176SF ^ total - SF / 250-sw eiSsF •X 30?(- 1840SF HC MAX.. GARAGE -695SF OnVC « 1660SF TOTAL - 2375 SF / 38.5X FULL 1-.ST0R.Y W/ \ Pitched Roof alldmie ^ OVER. EXISHHOI FoorpwrtT jL^ ■m ht REMOVED' LEGAL DESCRIPTION: LOT 14 AND 15. BLOCK 1. WILEY' S PARK MINNETONKA HENNEPIN COUNTY. MN. LOT AREA - 32B30 SF/ tt75 AC SCALE IN FEET >** - EMSTNC SPOT ELEVATION. X(998 C) - PROPOSED SPOT ELEVATWN ^..... - OBECTION SIJRFACE ORANACE NOTE - AU VSBLC HARDCOVER 6 SHOWN AU MAY NOT BE SHOWN DUE TO SNOW COVER CERTIFICA TE OF SURVEY ROTAS RESIDENCE 2190 SHADYWOOD ROAD <U/' \ Land /yinir R C§nUr9lJ0 Surveyor S440 FLYNG aOUD DRIVE EDEN PRARE. ^ i 'i ■ Ca 4 ^ TS" CITY OF ORONO 2750 Kelky Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING HLE; 04-2992 NOTICE OF PL/VNNING COMMISSION ACTION DATE OF NOTICE: March 17, 2004 TO;Ron Potas 2190 Shadywood Road Wayzata, MN 55391 COPIES: TYPE OF APPUCATION:Side Setback, Average Lakeshore Setback, and Hardcover Variances DATE OF MEETING: March 15.2004 Planning Commission recommended as follows: Approval of the plans as submitted with the following stipulation: 1. The two sheds on the property, one in the 0-75’ zone (23 s.f) and one in the 75’ 250’ (60 s.f) zone shil be removed. VOTE:FOR AGAINST Applicant’s next scheduled meeting is confirmed as: City Council - Monday, March 22,2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission or Council minutes, they are available from the City Recorder after review and approval by the Planning Commission or Council. If you have questions, please call City Planner Janice Gundlach at 952-249-4623. < I I i I j i I ifiililirJiirlifi iki f M04-2993 March 15,2004 Page 1 of 7 Date Application Received: 2>18>04 Date Application Considered as Complete: 2*18^4 60*Day Review Period Expires: 4-18*04 To:Chair Smith and Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Janice Gundlach, City Planner^ March 10,2004 04-2992, Ron Potas, 2190 Shady wood Road - Side Setback, Average Lakeshore Setback, and Hardcover Variances - Public Hearing Zoning District: Lot Area: Lot Width: LR - 1C, One Family Lakeshore Residential District ('/j minimum) 0.75 acres (32,830 s.f.) 100 feet Application Summary: Applicant requests the following variances in order to replace an existing '/j story with a full 2"'* story and to change pieces of the roof that are currently flat to pitched, all while staying within the existing footprint; 1. Side setback variance to allow a west side setback of S.6’ at the garage when 10’ is normally required and 5.6 ’ currently exists. The changes at this non- conforming setback are a current flat roof will convert to a pitched, hipped roof 2. Average lakeshore setback variance to allow an encroachment of 10’ into the average lakeshore setback when a 10’ encroachment currently exists. 3. Hardcover variance to allow 42% hardcover in the 75 ’ - 250’ zone when 25% is normally allowed and 42% currently exists. Staff Recommendation: Staff recommends approval of the requested variances as the improvements are being conducted within the existing footprint and the non-conformities are not being increased. Pertinent Zoning Ordinance Sections Sec. 78-350. Area, height, lot width and yard requirements. (b) Lots. The following minimum requirements shall be observed; Lot Arci (acre)Lot Width (feet)Front Yard (feet)Side Yard (feet)Rear Yard (feet)Side Yard Adjacent to Street (feet) 0 5 too 30 10 30 15 Sec. 78-1279. Placement of structures on lots. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways. il M4-2992 March 15,2004 Page 2 of 7 lifts, landings and lockboxes. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. Sec. 78-282. Lakeshore hard cover and land alteration regulations. In any LR-IA, LR- IB, LR-IC or LR-lC-1 district, within 75 feet of shoreline, there shall be no excavating, filling, hard cover, temporary or permanent structures except as permitted under section 78-281. Within 75 to 250 feet of the shoreline, there shall be no greater than 25 percent hard cover. Within 250 feet to 500 feet of the shoreline, there shall be no greater thEm 30 percent hard cover. Within 500 feet to 1,000 feet of the shoreline, there shall be no greater than 35 percent hard cover. Sec. 78-1288. Hard cover limitations. (a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. (b) Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hard cover. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. List of Exhibits Exhibit A - Pre ApplicationA^ariance Application Exhibit B - Hardship Documentation Form Exhibit C - Existing and Proposed Survey Exhibit D - Hardcover Calculations Exhibit E - Elevations Exhibit F - Photo’s of Existing Conditions Exhibit G - Property Owner’s List Exhibit H - Plat Map Background The applicant is requesting to tear off the existing ‘/a story and to construct a full second story, and to change the sections of roof that are currently flat to pitched, all while staying within the existing footprint of the cunent 1 V% story home. The applicant is also proposing to complete an interior renovation of the existing first floor and proposing to keep the existing outer walls of the first floor as wel’ as the foundation, flooring, and existing grade level deck, which got variance approvals in 1992. In staffs opinion the work proposed doesn’t seem to reach the 50% volume or value threshold and therefore isn’t being reviewed as a rebuild. However, staff feels it is important to discuss the particulars of what >s being removed and what is being proposed as new and the comparison of before and after appearances of the exterior envelope of the home. »04-299: March IS.2004 Page 3 of? First Floor The applicant has stated that an interior remodel of the first floor is proposed. A main interior wall will be removed so as to open up the first floor emd to provide the support for the second floor. Many of the rooms will remain within the first floor but will be remodeled. All perimeter walls will remain as well as the flooring and deck on the lake side, which again, received approval in 1992 through the variance process. i/i Story The 14 story will be taken off and replaced with a full second story. Currently, dormers make up the 14 story. The section of the house encompassing those dormers will become a full story, where the current angled walls will become straight with a pitched roof above. The areas above the garage and the northeast comer cf the home will not become a full second story, but the flat roof will be replaced with a pitch. Basement/Crawl Space A partial basement exists as well as crawl spaces that were added after initial construction of the home. These spaces will not be touched with the improvements the applicant has proposed. The applicant has also stated that the existing foundation will support the second story and no work on the foundation will be necessary with this project. LOT ANALYSIS WORSHEET Lot Arca/Width LR-IC Lot Area Lot Width Required 21,780 s.f. (0.5 acres)100’ Actual 32,830 s.f. (0.75 acres)100’ Setbacks LR-IC Required Existing Proposed Front n/a n/a n/a Rear 30’ 4 ’ (detached garage) 79 (shed) 96 ’(house) NO CHANGE Left Side (west)10’5.6’NO CHANGE Right Side (east)10’16’NO CHANGE Lakeshore 75’119 ’ (house) 100’(deck)NO CHANGE ( t I r • ^04-2992 March IS, 2004 Page 4 of7 Average Lakeshore 139’-lir (house- measured SE-NW) 126’-99’ (deck- measured SW-NW) House - 10’ encroachment Deck - 12’ encroachment NO CHANGE Structural Coverage Total Lot Area Total Structural Coverage 32.830 s.f (0.75 acres)Allowed: 4,925 s.f (15%) Proposed: 5,141 s.f (14.7%) Hardcover Calculations Hardcover Zone 0-75 Total Area in Zone 7,725 s.f. 75 - 250 250 - 500 19,025 s.f. 6,135 s.f. Allowed Hardcover Os.f (0^ 4,756.25 s.f (25%) 1,840.5 s.f (30%) Existing Hardcover 98 s.f • (1.3%) 7,970 s.f* (41.9%) 2,375 s.f* (38.5%) Proposed Hardcover 98 s.f (1.3%) 7,970 s.f (41.9%) 2,375 s.f (38.5%) * After exclusion of fabric or plastic-lined landscape beds Side Yard Setback Variance The current setback on the northwest side of the lot is conforming at the house (21.5 feet) but is only 5.6 feet at the attached garage. The applicant isn’t proposing a full story above the garage but a flat roof will be replaced with a pitched roof and become a % story with windows in the gabled roof This requires a side setback variance because the nature of the structure at this side lot line is changing from flat to pitched. It should be no*ed that the overhangs of the proposed pitched roof will encroach less than the overhangs of the flat roof Hardcover Variance All of the proposed changes will take place within the 75 ’ - 250’ zone N’o new hardcover is proposed and the changes will take place within the existing footprint of the home. A hardcover variance is required because the existing hardcover is non- confomiing at 42% when 25% is normally allowed. One minor change, not in hardcover but status, is that a covered entry is proposed over the existing sioop. The roof extension is proposed to be the same size as the stoop, which is approximately 4’ x 8 ’ or 32 square feet. This coes not constitute additional hardcover but it is changing from merely hardcover to structure. Average Lakeshore Setback Variance An average lakeshore setback variance is required because the existing home en-roaches approximately 10 feet into the required setback. Because the applicant is proposing to build up in this non-conforming setback a variance is required. At the corner where the greatest encroachment into the setback is occurring, a full second story isn’t proposed as 0 9 W04-2992 March 15.2004 Pi|e5 of7 illustrated in the elevations. However, pieces of the home that were currently fiat or a '/i story will now be either pitched or a full story. It should be noted that the house to the southeast, where the greatest impact occurs due to the encroachment, was rebuilt in 2002 further from the lake than the past home creating the change in the average lakeshore setback line causing the applicants home to become non-conforming. Hardship Statement The applicant completed a Hardship Documentation Form, attached as Exhibit B, and should be asked for additional testimony regarding the application. Hardship Analysis In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planni,ig Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall rec jnunend approval only when It Is demonstrated that such actions will be in keeping with the spirit and intent tf the Orono Zoning Code. Staff finds that a hardship exists to warrant approval of the side setback variance. The original home w-as constmeted sometime in the 1940’s with the attached garage constructed in 1973 at a setback 5.6 feet from the property line. Sometime shortly after that the Zoning Ordinance was adopted requiring a 10’ setback. Where this non- conforming setback occurs the applicant isn’t proposing a new story but rather a hipped roof where a flat roof exists. The Planning Commission should discuss the effects of going from a flat roof to a pitched roof in this non-conformmg setback. Staff finds a hardship exists to also grant the hardcover variance. The property is cunently at 42% in the 75’ - 250’ zone when 25% is normally allowed. The applicant is proposing changes to the envelope of the building but not new hardcover where non­ hardcover currently exir „. Variances were granted in 1992 to allow construction of the lakeside deck and no illegal hardcover has been added since those variance approvals. The only notable change is that approximately 32 square feet of roof will oe added over existing hardcover to create a covered entry, fhe Planning Commission should discuss adding structure where hardcover currently exists, and if emy small removals should be required to account for that change. Lastly, staff also finds that a hardship exists to grant the requested average lakeshore setback variance. The northeast corner of the home encroaches the furthest into the average lakeshore setbi»ck. Th-’ applicant isn’t proposing a full second story at this corner but to change to r. pitched roof where a flat roof currently exists. The house, at this comer tapers west to an encroachment of 2 feet. This piece of the home will go from a ‘/s story to a full story but any views the neighbor may have, if any, are minimally impacted. After conducting a site visit staff has determined that any views the neighbor has over this current flat roof will be minimally impacted when going to a pitched roof. Also, the neighbor who is affected by the improvements constructed e new home in 2002 . I W4-2992 March 15.2004 Pace 6 of 7 further from the lake than before, which in turn made the applicant’s home non- conforming and thus creating a hardship. The Planning Commission should discuss the impacts of changing the envelope of the structure at this comer and whether views are obstructed. Staff would make the following recommendations in regards to the criteria for “undue hardship” pertinent to this .application: 1. 2. 3. 4. 5. “The property in question caruiot be put to a reasonable use if used under conditions allowed by tlie official controls." The property is currently non-conforming \iith respect to side setback, hardcover and average lake shore setback Any changes, whether the non-conformities increase or not, requires variance approvals Therefore, the official controls make it virtually impossible for the property owner to improve his home. “The plight of the landowner is due tr circumstances unique to his property not created by the landowner." The applicant hasn't created any of the non-conformities on the property. The property yvas developed pre-current Zoning Ordinance and the applicant complies with all the vari ince approvals granted in 1992. "The variance, if granted, will not alter the essential character of the locality." The essential character of this neighborhood is narrow lots with tall, 2 and V: story homes. The applicant's property is actually double the width of his neighbor's and will only be 2 stories rather than 2 and '/: thus not creating an "out of the ordinary" circumstance. "Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." Not applicable "Undue hardship also includes, but is not limited to, inadequate access to direct sunligb.t for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." Not applicable “The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located." The improvements proposed are allowed uses under the zoning requii ements of the property. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." Not applicable M4-2992 Mirch IS. 2904 Page 7 of7 8 “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." Again, the property was developed pre-current Zoning Ordinance creating conditions peculiar to the property. 9.“The conditions do not apply generally to other land or structures in the district in which said land is located." Jt is of staff opinion that this criterion is met. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The granting of this application is necessary for the owner to conduct any improvements short of general maintenance. 11."The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." It is of staffs opinion that this criterion is met. 12.“The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." The granting of these variances is necessary for the applicant to conduct the improvements proposed. Even if the applicant were merely proposing a new roof, without the other elements proposed, the same variances would be required. Issues for Consideration 1. Is the Planning Commission comfortable reviewing this as improvements rather than a rebuild? 2. Is the Planning Commission comfortable accepting a pitched roof where a flat roof currently exists, which increases the envelope of the structure, in areas where setbacks are non-conforming? 3. Are there major issues going from a Vi story to a full story on a lot that ’s at 42% hardcover? 4. Should hardcover reductions be required? Possibly the non-conforming shed by the attached garage? 5. Are there any othei issues or concerns with this application? Staff Recommendation Approve the plans as submitted which consist of approval of the following variances: 1. Side setback variance to allow a west side setback of 5.6 ’ at the garage when 10 ’ is normally required and 5.6 ’ currently exists. 2. Average lakeshore setback variance to allow an encroachment of 10 ’ into the average lakeshore setback when a 10 ’ encroachment currently exists. 3. Hardcover variance to allow 42% hardcover in the IZ' - 250 ’ zone when 25% is normally allowed and 42% currently exists. EXHIBIT A TuT^ ________ City of Orono Pre-Application Meeting Form Street Address: 2750 Kelley Parkway Orono. MN 55356 (This form Is to be completed by a City Planner during your pre-application meeting.*) For Office Use OnlyMailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 City Planner: Jd./i /rf- Meeting Date/Time: PC Date. ft)A r cK ' nruuM-ryj Main: 952-249-4600 Fax; 952-249-4616 What Is tha purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATJQ Site Address: ATIQN: _y t /O / , I f . '^/rO i . /Ci '/hn. f Property Identification Number (PIN): ' /'7— //^ —.agj ^ y ] Zoning District: LQ.^IC'____Size of Property: ^ X DESCRIPTION OF REQUEST: ^Average Setback CTSide Yard Setback □ Rear Yard Setback □ Front Yard Setback ^Hardcover □ Lot Coverage □ Lot Area □ Lot Width □ Other: rr\/2jA n/A/H J-h'VrHjraC \/<X tur n c C- 7 Applicant) Initials HARDSHIP: Applicant ►'as received the Hardship Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their formal variance application. OTHER INFORMATION: __________________________________ *Please note: Your variance application will NOT be accepted without a pre-application meeting during which tnis form will be completed by City staff. Applicant Signature:Date: City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono. MN 55356 Main: ”52-249-4600 fax: 95;'-249-4616 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-OC66 Application # Date Received: Amount Paid: 7700 Staff: ^ Fee: S600 Renewal: $300 After-the-fact; S1.20O Doub'e Fee This application form must be completed in full. App icant will be notified within 15 days as to the stabs of the application. Incomplete applications will not be placed on Planning Commission Agendas. ^MATlONt f->/ I /yO /• yi / yy. __ ! ^0 ->SfyuJyi.L'ccrI ri ,/^iH\i\- ion Number (PIN): ' /'7- //r7 — ^ 7 - ^X- -7 ^ PROPERTY INFORMATION: Site Address; Property Identification Number (PIN): (Attach legal description to application if not included on the survey.) Date Property Acquired (month/year): '7123 □ Yes, I own the adjacent parcels. Present use of property: IST Residential □ 0*Jier _________________________ Zoning District: _________ APPLICANT I Name: i^ORMATIQN: tCompletele iP ox-? - A'7/~ 70J omplete legal names and marital status required for each interested party) Phone (home): - 45'// - 70JPhone (work); Address: iX / ^/n .$ Tifx ri (ci r! i It! - Email: , Cci'tt Fax: J~~~^2c^~ OWNER INF Name: hpi'T^^s (CoB^te^ega!(Complete Jegal names and ma.’ital status required for each interested party) Phone (home): - V7/-- Address: (RU . Email; I ! i . \/X ^ ________ S" hfKjJy/xjr i> rj /c ff . Phone (work); j3a.h/tA Fax: ty ^ J - U7! Estimated Project Cost: $DESCRIPTION OF REQUEST: Describe the request in detail ^ttach additional sheets,^ necessary): ________ /jtTrry^ C1 c>-^'^///♦tauL /\‘-L yC'S Xcx tU--k.«'72 . /ucf i.t^ yy -X aJCiiJaT mla' eH^CxB^ rx./7 > /w r ■ ^^t.'Lev. rA~exi^A / rS r. f • •« i.“ » '(d 1 i<?j ♦ REQUIRED SUBMITTALS: All of the following Information must be submitted by the application deadline date in order for vour application to be processed. ' jd Pre-Application Meeting Form, completed by a City Planner. Completed Application Form Complet^ Hardship Documentation Form Certified Property Owners List — owners within 150’ of the subject property, labels and plat map. List labels and map may be obtained from Hennepin County Department of Finance / Government Center, A-603 300 South 6"’ Street, Minneapolis, telephone 612-348-5910 ^ Original Certificate of Survey (signed by a licensed surveyor), meeting ail the requirerrents listed within this packet, including hardcover calculations. Also provide one copy 8 5” x 11" cr 11" X 17" for reproduction. ny * m or □ Completed hardcover calculation worksheets (as provided within the variance packet). fvl^ Topographic survey - Including existing and proposed elevations. Provide one coov 8 5" x 11" ^ Skfitfibaa nr plans of floor and elevation views (provide one copy 8.5"xiror11"x1 7") □ Additional items may be requested by City Staff depending on the scope of the project. * APPLICANT’S ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required o." requested by the Plannino Depar^ent, agrees to pay additional fees (staff time not covered in the original fee payment' and/or consultant expenses incurred in r^iew of this application and certifies that the information supplied is #« 'll® his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so the Applicant’s Signature: Applicant’s Signature:Date: Date: >/ f-r OWNER’S ACKNOWLEDGEMENT: The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents. Commission & Council Members for purposes of investigation and verification of this request. ® °®^* Owner's Signature: Owner’s Signature: ^Date: ^/tl Date: rt IVteSirfa"^ Plan^ilfa Planning CommissionMee ng. Planning Commission Meetings are normally held on the third Monday of each month cSSnln"%^n®' be present at a I scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to to applicaVand advise .he^rPlann- nri . \ ■ ■ 3 rr*. fir ti'-iqsr*" EXHIBIT B Paye 1 of 3 HARDSHIP DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land anu not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO: PROVE A HARDSHIP? This fc.m has 12 points outlining the basis City staff uses to determine if a hardship exists and how the variance will affect the surrounding ccmmunity. To prove a hardship, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is Justified. The information the City receives is what is used in determining a denial or approval recommendation, if you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1."The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls." 2.“The plight of the landowner is due to circumstances unique to his property not fjJ-fAp 'fp! A)c-'\£h ............. ".. ^..T! ...... 3. “The variance, if granted, will not alter the essential character of the locality.* 4."Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter.” • 1^ • s/" **.* .I 2 * ».*^'* /* • •A * / •• ?> « % . . i Page 2 of 3 5.•Undue hardship also Includes, but is not limited to, Inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter." 6. *The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not permitted under this Chapter for property in the zone where the affected person's land is located.' 7. “The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. “The special conditions applying to the structure or land In question are peculiar to such property or immediately adjoining property." 9. “The conditions do nnt apply generally to otfier land or structures in the district in which said land Is located." 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." 11. “The granting of the proposed variance will not in any way impair health, safety. Side respect be contrary to the Intent of the Zoning L Page 3 of 3 12.■The granting of such variance will not merely serve as a convenience to the applicant, but Is necessary to alleviate demonstrable hardship or difficulty.” Hardship Statement Should you feel the hardship cannot funy be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance wHh Zoning Ordinance requirements in the following lines (attach additional sheets if $ . r4 :/V oa '.4 -• I e >; f v; i i . EXHIBIT C rC''^ LEGAL DESCRIPTION: LOT 14 AND 15. BLOCK i. -• WILEY’ S PARK MINNETONKA \. . HENNEPIN COUNTY, MN. LOT AREA - 32830 SF/ 0.75 AC ^ N. SCALE IN FEET /(<»* - EXSTINC SPOT aEVATWN. X<99B.O) - PROPOSED SPOT ELEVATOR ^.... - ORECTON SURFACE ORANAGC ROTE - ALL VISIBLE HARDCOVER S SHOWN ALL MAY NOT BE SHOWN OLE TO SNOW COVER CERTIFICA TE OF SURVEY POT AS RESIDENCE 2190 SHADYWOOD ROAD _ LqtmJ Frmak R. C^rdmrmJU Surveyor 6440 ariiG aouo drive exn pra ^c ______^Va%. ** -I r "a a > *! W17».. . r .y*' • •:* N A j-sv,!II jI r EXHIBIT D HARDCOVER EXISTING 0-75 7725 SF SHED = 23SF RAMP = 96SF TOTAL = 98SF / 1.3% 75-250 X 25%= HOUSE= DECK= SHEO= DRIVE = STOOPS 0 ALLOWED KENNEL= X 30%= GARAGE DRIVE = TOTAL = 19026SF 4756SF HC MAX. 320BSF 1133SF 60SF 3220SF =167SF • 176SF ■ 7970 SF / 41.9% 6135SF 1840SF HC MAX. =695SF 1680SF 2375 SF / 38.5% i ( i rrr»< aM^AE OOF-A JiHa PACE I r .»0% .^..^.<.*K X X ................... N.*«*l««l • ••“•V X %- •r*# <•«••••• V X.' “-V. 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V • tw. • . .' » 2-?: <5; «;?/W^/,j a m TW7^• I />< s r RUNDAH::2/IV20M 3B 171172)41000) PROPAODR 2224 SHADYWOODRD OWNER NAME MARKGRIFFIN«USANNEGRJFfIN TAXPAYER MARK ORJHHN«USANNE GRIFFIN NAME/AOOR 2224 SHADYWOOD RD WAYZATAMN 55)91 It 1711723420006 PROP AODR 2200 SMADVWOOD RD OWNERNAME THOMASAATARALST0KF5 TAXPAYER THOMAS A STOKES NAME/ADDR 2100 SHADYWOOD RD WAYZATAMN 55391 3t 1711723420009 PROP AODR 2170 SHADYWOOD RD OWNERNAME CASANDERSON TAXPAYER CURTIS ANDERSON 2178 SHADYWOOD ROAD WAYZATAMN 35391 3t 1711723430133 PROP AODR 2205 SHADYWOOD RD OWNERNAME TDHULSTADDHULST TAXPAYER TIMOTHY D A OENISh D HULST NAMF;a DDR 2205 SHADYWOOD RD WAYZATAMN 55)91 38 171172)430137 PROP AODR 21 «9 SHADYWOOD RD OWNERNAME THOMAS LARSON TAXPAYER THOMAS LARSON NAME/ADDR 21 89 SHADYWOOD RD WAYZATAMN 55391 HENNEPIN SYSTEM PAGB; I 18 1711721420004 PROPAODR 2215 SHADYWOODRD OWNERNAME S A KEEFE A W R KEEFE TATCPAYER A KEEFE * W R KEEFE NAME/ADDR 2216 SHADYWOOD RD WAYZATAMN 55391 38 171172)420005 PROPAODR 2208 SHAOYWCX7D RD OWNERNAME B LBFNNETT A M E BENNETT j-y^p/^YER BARRY L A MARY ELLEN BENNETT NAME/ADDR 2208 SHADYWOOD RD WAYZATAMN 55391 38 1711723420007 PROPAODR 2190 SHADYWOODRD OWNERNAME RFPOTAS ET ALCO-TRUSIEES TAXPAYER RONALD FPOTAS NAME/ADDR 2190 SHADYWOOD RD WAYZATAMN 55391 31 1711723420008 PROPAODR 2184 SHADYWOODRD OWNERNAME AGFlSHF.RAObFlSHERJR TAXPAYER ALEXANDERA3KV11XE FISHER JR NAME/ADDR 2184 SHADYWOOD ROAD WAYZATAMN 55391 38 1711723420010 PROPAODR 2172 SHADYWOODRD OWNERNAME JOAN MARIE HOLSTEN JOAN MARIE HOLSTEN NAME/AOOR 7204 BUTTERNUT CIR PRIOR LAiCEMN 55372 38 171172)430132 PROPADDR 2213 SHADYWOODRD OWNER NAME J M SCHILTGEPWl LSCHILTCEN j^ypy^YER RICHARD A MEREDITH SCHILTGEN NAME/ADDR 221 3 SHADYWOOD RD WAYZATAMN 55391 f''y- 38 1711723430134 PROP ADDR 2199 SHADYWOOD RD OWNERNAME COlUNFREESE TAXPAYER COLLIN F REF^E NAME/ADDR 2199 SHADYWOOD RD WAYZATAMN 55391 38 1711723430135 PROPADDR 2195 SHADYWOODRD OWNERNAME JOHNIIANDERSON TAXPAYER XJHN H ANDERSON NAME/ADDR 2195 SHADYWOOD RD WAYZATAMN 55391 A : • A 2I .'.h • •• *• * Am 38 1711723430143 PROP ADDR 2227 SHADYWOOD RD OWNERNAME GEORGIA J SPAULDING TAXPAYER GEORGIA J SPAULDING NAME/ADDR POBOX3I SPRING PARK MN 55384 (• I CERTIFY THATTIffi FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECO^S OFTHE HENNEPIN COUNTY TAXPAYER SERVICES DEPARTM»Ii;JD THE^T, OF MY KNOWLEDGE AND BEUEF. ^ t a» FXHIBIT H Hennepin 't .• * * • V**’' ' ^ V i’" **^*’'^^ V'' Hennepin County ^ : Taxpayer Services Department •■y , • ' ' * • • .. /. "<■. /TXx .«5 / t- . , . ....• Iill•I ID 17<17^342 • •«•. - • W. .IT' ■•* ' •-. ... *j t •* ' ^ • - • *\ 117W ? ^«nfl m /« not m legally ieeorded ni^.Jt /iprtawifii ii eamp#totion ofMomf^i ana data mti City, tounty. ana Staten^ auVKrlttaa and other *•« . Date Application Received: 2-18-04 Date Application Coniidered aa Complete: 2*184)4 60-Day Review Period Expires: 4*18-04 C0IW<'1I mffting APR 1 2 2004 REQUEST FOR COUNCIL ACTION CITY OF OROMO Date: April 6,2004 Item No.: Department Approval: Name: Michael P. Gaffron Title: Planning Director Administrator Approval:Agenda Section: Zoning Item Description: #04*2995 Robert A. Carlson of Jyland Distinctive Homes, 1070 West Femdale Road * Lot Area, Lot Width, Wetland Setback Variances * Resolution List of Exhibits A * Resolution B * Notice of Planning Commission 3*22*04 C - Memo and Exhibits of 3-10-04 Application Summary: Applicant requests a lot area and width variance to construct a new single family residence on this property that abuts Femdale Marsh. Also requested is a wetland setback variance to allow a small portion of driveway within 26' of a wetland. Planning Commission Recommendation: Planning Commission on a vote of 7-0 recommended ^proval of lot area, lot width and wetland setback variances to allow constmetion of a new residence on the property subject to the following: 1. Applicant to provide a survey prior to issuance of building permit, that contains complete topography for the site to satisfy staff that wetlands will not likely be encroached. Applicant to provide wetland delineation survey to verify no wetland encroachment and confirm the actual dry buildable area of the site. This should be required prior to footing inspection. Prior to issuance of building permit, applicant shall provide evidence that legal combination of the three tax parcels and the vacated road has been completed. Prior to issuance of building permit, applicant shall either provide a survey that reflects Nature Conservancy ownership of northerly portion of Lot 4 per Hennepin County plat maps, or shall provide suitable evidence of applicant ownership of ^at property. A wetland setback variance to be granted to allow portion of existing driveway to remain where encroaches wetland setback; hardship is the topography and location of existing mature trees which would need to be removed to relocate that portion of driveway; and the intent to keep the existing buffer to the adjoining residence to the immediate west. Applicant shall take suitable measures during construction to protect the trees. 2. 3. 4. 5. Staff Recommendation: Staff concurs with the recommendation of the Planning Commission. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached resolution. ilii -.4—^ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-305 AND 78-1112 - nLE NO. 04-2995 WHEREAS, Jyland Distinctive Homes, Inc., a Minnesota corporation, represented by Robert A. Carlson (hereinafter "the jq)plicant") is the owner of the property located at 1070 West Femdale Road within the City of Orono (hereinafter the "City") and legally described as follows: Exhibit A attached (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot approximately 1.7 acres in dry buildable area and 160* in width in the LR-1A Lakeshore Residential Zoning District where lot area of 2.0 acres and 200' width is normally required; and a variance to Section 78-1112 to allow hardcover within 26' of a City-protected wetland where no hardcover is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. This application was reviewed as Zoning File #04-2995. The property is located in the LR-l A Lakeshore Residential Zoning District, which requires minimum lot area of 2.0 acres and minimum lot width of 200'. 3.The property contains approximately 1.77 acres ofdrybuildable land and 1.31 acresof wetland. The wetland has not been delineated due to winter weather conditions, but its boundary has been estimated based on topography of the site. A portion of the existing driveway serving the property encroaches less than 26' from the wetland, and is proposed to continue in use, although a majority of the pre-existing driveway will be relocated to eliminate wetland setback encroachment. Page 1 of 6 I i . The Planning Commission reviewed this application at apublic hearing held on March 15, 2004 and on a vote of 7-0 recommended approval of the requested variances based on the following findings and conditions: a. A single family residence has existed on the property for many years. b. The property has been assessed for and is connected to municipal sewer. c. Municipal Zoning Code Section 78-72(8X2) states that a lot of record in any "R" District in the City in excess of one acre, which does not meet the requirements of the Zoning Chapter as to area or width only, may be utilized for single family detached dwelling purposes if the Council finds: (a) It is at least one acre in size, and the average width of the lot is at least 100 feet; (b) It is served by public sanitary sewer; (c) It otherwise meets the requirements of this Chapter or other applicable City Code provisions. Planning Commission finds that upon the vacation of public roadway concurrently being requested in Zoning Application #04-2996, and upon legal combination the vacated roadway with tax parcels 02-117-2343- 0002,02-117-23-43-0004 and 02-117-23-43-0006, the above conditions will be satisfied. d. No additional land is available for acquisition to make the property larger. e. f. The requested variance to allow driveway to be located within 26' of the wetland should be approved because relocating that portion of driveway to eliminate such encroachment is not readily feasible without topographic changes which would result in the loss of mamre trees and vegetative screening, and reduce the width and effectiveness of the existing vegetative buffer between the driveway and the adjoining neighboring residence structure. The spplicant should be required to verify the wetland boundary and complete the topognphic work for the site to confirm the exact area of wetland vs dry buildable land prior to issuance of building permits. Page 2 of6 ill 5. 6. The City Council has considered this application including the findings and recommend­ ations of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty, is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the 2U>ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono C i'.y Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow construct] on of a rew residence on a lot spproximately 1.7 acres in dry buildable area and 160' in width <n the LR-1 A Lakeshore Residential Zoning District where lot area of 2.0 acres and 200' width is normally required; and a variance to Section 78-1112 to allow hardcover within 26' of a City-protected wetland where no hardcover is normally allowed subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2.Applicant shall provide a survey prior to issuance of abuilding permit for construction of anew residence, that contains complete topography for the site sufificioit to satisfy staff ^hat wetlands will not be encroached except as allowed by this approval 3.Prior to fix>ting inspection, qjplicant shall provide a wetland delineatior survey to verify the wetland boundary and to confirm the actual dry buildable area of the site. Pages of6 I I 4.Prior to issuance ofbuilding permit, applicant shall provide evidence that legal combination of the three tax parcels and the vacated road has been completed. 5.Applicant shall take suitable measures during construction to protect the trees and vegetative screening along the driveway. 6.Authorities granted by this resolution run with the property not with the ^plicants, but are permissive only and must be exercised by obtaining a building permit for the new construction widiin one year of the date of Council ^iproval, or the variances will expire on that date (April 12,200S). 7.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. 8.The undersigned iqiplicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant’s heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of April, 2004. ATTEST: Linda S. Vee, City Cleric Barbara A. Peterson, Mayor Property Owner Page 4 of 6 •> L STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of ^2004by Baibara A Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_day of ^2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instilment was executed on behalf of the City. Notary Public Page 5 of d i 1 1 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me diis dayof ^2004by Robert A. Carlson for Jyland Distinctive Homes, Inc., its 1 Notary Public Page6of6 k i CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 A ZONING HLE #04-2995 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 22, 2004 TO: Bob Carlson Jyland Distinctive Homes 201 E. Lake St. Suite 241 Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Variances DATE OF MEETING: March 15. 2004 VOTE: 7 FOR 0 AGAINST Planning Commission recommended as foilows: Approval of lot area, lot width and wetland setback variances to allow construction of a new residence on the property subject to the following: 1. Applicant to provide a survey prior to issuance of building permit, that contains complete topography for the site to satisfy staff that wetlands will not likely be encroached. 2. Applicant to provide wetland delineation survey to verify no wetland encroachment and confirm the actual dry buildable area of the site. This should be required prior to footing inspection. 3. Prior to issuance of building permit, applicant shall provide evidence that legal combination of the three tax parcels and the vacated road has been completed. 4. Prior to issuance of building permit, applicant shall either provide a survey that reflects Nature Conservancy ownership of northerly portion of Lot 4 per Hennepin County plat maps, or shall provide suitable evidence of applicant ownership of that property. 5. A wetland setback variance to be granted to allow portion of existing driveway to remain where encroaches wetland setback; hardship is the topography and location of existing mature trees which would need to be removed to relocate that portion of driveway; and the intent to keep the existing buffer to the adjoining residence to the immediate west. Applicant shall take suitable measures during construction to protect the trees. Applicant's next scheduled meeting is confirmed as: _____City Council - Monday, April 12, 2094; meeting starts at 7:00 p.m.___________ If you desire certified copies of the official Planning Ckimmission minutes, they are available fiom the City Recorder after review and aqjproval by the Planning Commission. If you have questions, please call Plaiming Director Mike Gaffion at 952-249-4600. li i Dfttt Application Received: 2*18^4 Date Application Coniidered at Complete: 2-18-04 60-Day Review Period Expires: 4-18-04 TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Michael P. Gaffron, Planning Direettor , March 10,2004 r SUBJECT: #04-2995 Robert A. Carlson of Jyland Distinctive Homes, 1070 West Femdale Road Lot Area & Width Variance; Wetland Setback Variance • Public Hearing Zoning District: LR-IA, Single Family Lakeshore Residential, sewered. Lot Area:Gross Area ® 2.713+ 0.152+0.216 *=• 3.081 acres Dry Buildable Area (Staff Calculation) = 1.77 acres (Required =* 2.0 ac. dry) Wetland Area = 1.311 acres Deflned Lot Width: Pre-vacation: 84' + 44' (Discontinuous) Post-vacation: 160' (Required 200’) List of Exhibits A - Application B - Plat Map C - Surveys - Pre-Existing, Proposed D • Plat of North Shore Cottage Acres (1902) E - Orono 1974 Wetland Inventory Map Photo F - Property Owner's l ist G - MCWD Documentation H - Letter from Robert Floyd I - City Topographic Map J - Orono SWMP Map K - Site Photos L - Current Airphoto Application Summary: Applicant requests a lot area and width variance to construct anew single family residence on this property that abuts Femdale Marsh. A permit for removal of the existing residence was applied for in February of this year. Staff Recommendation: Staff recommends approval subject to a number of conditions. Pertinent Code Section 78-72(B)(2): 2. In "R" Districts ofGrcater Than One Acre and Served by Public Sanitary Sewer. A lot of record in any "R" District in the City in excess of one acre, which does not meet the requirements of this Zoning Chapter as to area or width only, maybe utilized for single family detached dwelling purposes if the Council finds: (a) It is at least one acre in size, and the average width of the lot is at least 100 feet; (b) It is served by public sanitary sewer; (c) It otherwise meets the requirements of this Chapter or oth» applicable City Code provisions. AJ #04-299S March 10,2004 Page 2 Background Lot Area Variance . The property has contained a single family residence for many decades. Applicant was advised during the bui Iding peimit review process that the property contains less than the required 2.0 acres of dry-buildable land and is within the 2 acre zone, subject to Zoning Code Section 78-72(B)(2) as noted above. The phrase “if the Council finds" has consistently been administered by City staff as requiring the applicant to go through the variance process. It should also be noted that while this property exceeds 2 acres in gross area, it is less than 2 acres in dry buildable area. Until May 1998, when Ordinance No. 176, Second Series was adopted, sewered properties were granted an area credit for wetland equal to the amount of dry buildable area on the property. Ord 176 removed that credit, hence rebuilding on this lot of 1.77 dry buildable acres now needs a variance, whereas it would not have required an area variance prior to 1998, as it would have received credit for all of its wetland area. Further note that the property to the immediate west, with dry buildable area of just under'/»acre, was granted a lot area variance in 198S due to its large wetland area and the fact that it was sewered, and had no additional dry land available. That property was also granted a rear setback variance. Finally, it should be noted that the survey presented does not match the tax parcel dimensions shown on County plat ms^s. The northerly part of Lot 4, all wetland, is owned by the Nature Conservancy according to Hennepin County. A revised, corrected survey will be required, or evidence that the survey is correct Lot Width Variance . The need for a lot width variance was identified by staff during the variance review. The width of the property is defined in the Zoning Code as “.. .the horizontal distance between side lot lines measured... at the rear of the required front yard, measured parallel to the front lot line." The front lot line by definition is “That boundary of a lot which abuts an existing or dedicated public street, and in the case of a comer lot it shall be the shortest dimension on a public street." It is somewhat difficult to apply the definitions to this property because of the intrusive alley. If the line of the northeasterly end of the alley is considered as the front lot line, then the lot exceeds the 200' standard and no variance is needed. Once the alley is vacated and the three tax parcels combined with it, the lot width will be measiued at a point 50* back from the main road, and will be 160', still slightly shy of the standard. Wetland Setback Variance . The wetlands on the property are shown based on the City’s 1974 wetland maps and to some extent on the topography, using the 929.4' contour. Topography is not shown for the entire site, however. No wetland delineation has been completed, due to winter conditions. The wetland boundary shown on applicants survey appears to be consistent with the topography of the sitebased on the City’s topo map. The exact area of wetland cannot be determined unless or until a wetland delineation and survey is completed. The exact location of the wetland boundary and the exact area of wetlands is probably not critical to the application, in that whether the site contains 1.6 or 1.7 or 1.8 acres dry buildable, it is still ‘buildable ’ for residence purposes in staff s opinion. However, at any location where construction approaches less than, say, 40' from the perceived wetland, it would be critical to know the exact boundary. A wetland delineation should be conducted as soon as weather permits to allow for verification of the boundary. However, I do not believe it is necessary to delay this variance application process for the delineation. M4-299S March 10,2004 Pages T -alf«iliAw» VS Wetland Status . Staffinitially questioned whether this property shouldbeconsidered as a lakeshore lot, because of the existence of929.4 contour lines widiin the property boundaries, and the MCWD Functional Assessment ofWetlands • Hydrologic Setting classification as “Lacustrine Fringe*'. However, after further review and discussion, staffhas concluded that the wetlands ontheproperty for zoning administrative purposes should be considered as wetlands, and bs£ lakeshore, for &e following reasons: 1.The MCWD in its review fordie applicant ’s stormwater/erosion control permits considered this as wetland. 2.The DNR in its wetland inventories considers Femdale Marsh as Basin 8S2-P, separate from Lake Minnetonka which is Basin 133-P. 3.The ^iplicant ’s surveyor has noted that the points of929.4 elevation within the wetland are discontinuous due to thehummockynatureof the wetland, and it would be inqx>ssibleto accurately map any continuity if it did exist. 4.Althou^ a small channel and lagoon outside the property boundaries and three properties to the east allows boats to navigate to die north side ofFerodale Road, the applicant does not have any ability to access the lake, and properties between the navigable area and die property are owned by o&ers, including the Nature Conservancy. With its location across Femdale Road from Lake Miimetonka, the property cannot be considered as abutting Lake Minnetonka. 5.The City of Orono in past zoning applications for properties north of Femdale Road has consistently treated the wetlands as wetlands, not as lakeshore. Orono's wetland sediack requirement is 26'. While the proposed residence and amenities appear to more dian meet diis requirement, portions of the existing driveway are within 26' of the wetland Most of this encroachment is proposed to be eliminated, by removing the driveway and relocating it inland However, at the point where the driveway enters the alley, it is less than 26' setback. The two options to consider here are: grant a variance for this small area of existing encroachment to remain; or require that all portions of the driveway, including that portion in the alley to be vacated, berelocatedto meet the 26'setback. We would also note that the MCWDrequires a 3S' buffer, so it would be tqipropriatc to move the driveway so that it meets a 3 5' setback from wetland at all locations. Staffwould recommend Option B. This will avoid the need fora wetland sethaclc variance. Ilieapplicant should be asked whether there are any reasons this cannot be accomplished. * i i . I u i M4-299S March 10,2004 Pigc4 Hardship Analysis In eonsUtring applications for varlanet, tits ftanning Commission shall cansidar tha sffaet of the proposed variance upon the health, safety and welfare of the eommunlty, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property In the surrounding area. The Planning Cottttttlsslon shall consider recommending approval for variances from tlte literal provisiotu of the Zoning Code In Instances where their strict enforcement would cause undue hardship because of circumstances unltfue to the Individual property under consideration, and shall recommend approval only when It Is demonstrated that such actions will be In keeping with the spirit and Intent of the Orono Zoning Code. The applicant has noted a number of hardships in his application. Staff would note that the clearly demonstrable hardship is the existence of wetlands on the property with no additional dry buildable land available to be acquired. The lot area after the vacation will be ^proximately 1.87 acres or nearly 95% of the standard, based on information available to date. Also in support of the request is the fact that the lot has had a substantial residence for many decades; the property is sewered; and a new home can be placed on the property without the need for further variances. The lot width variance should be considered as a technicality, in staffs opinion, and a variance should be granted since no additional land is available, and all setbacks can be met without the need for a setback variance. Staff does not find any hardship that would support a wetland setback variance to continue the driveway in its nonconforming location. Staff would recommend its relocation to avoid the variance. Issues for Discussion I. Is there any additional land available that would allow applicant to avoid tte need for lot area and width variances? 2. Arcthereanyreasonsthatthedrivewaycannotbemovedto avoid a wetland setback variance? 3. Should a wetland delineation be required prior to issuance ofbuilding permits? Or, prior to the footing inspection? 4. Are there any other issues of concern? <1 I A M4.199S March 10,2004 Pages Staff Recommendation Staffrecommends ^>proval ofthe lot area and lot width variances to allow construction of a new residence on the property subject to the following: 1. 2. © Applicant to provide a survey prior to issuance of building permit, that contains complete topography for the site to satisfy staff that wetlands will not likely be encroached. Applicant to provide wetland delineation survey to verify no wetland encroachment and confinn the actual dry buildable area of the site. This should be required prior to footing inspection. ^splicant shall relocate all portions of the driveway, including that portion in the roadway to be vacated, to meet required wetland sed)ack and/or MCWD buffo: requirements, prior to issuance City of Ororu Variance Application A street Addnss: 2750 Kelley Parkway Orono, MN 5S3S6 Main; 952-249-4600 fax: 052-249-4616 Mailing Address: . P.O. Box 66 Crystal Bay. MN 55323-0066 Application# Date Received: Amount Pa\ Staff: Fee: S600 Ived: t//97l lid: Renewal: S3 00 After-the-fecc $1 ,200 Double Fee This application form must be completed in full. Applcant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: 10*70 Rnn/4 \xirj4 Oroni MnJ 5S3Sjr Property identification Number (PIN): - // *7 . (Attach legal description to application if not mcluded on the survey.) Date Property Acquired (mprith/year): 7/a^ □ Yes, I own the adjacent parcels. Present use of property: ^Residential □ Odier Zoning District: ____________________ APPLICANT INFORMATION: (Complete legal na.r.es and marital status required for each interested party) Name: V*\n<viA^ oAto.* .••hone (home): Phorie(^rk): Address: ^ ^*// x//t/ Email: )oAh /9 FaxV 7/£>o OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: Avilnnrl _______________ Phone (home)!Phone (work): 99a. •■/■o toCO Address: afot g LaMa . S^l/ M a*// ccXiu/z,aM ^sz39y Email:Fax. DESCRIPTION OF REQUEST: Estimated Project Cost: $ Describe the request in detail (attach additional sheets if necessary): ________________ h REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. □ Pre*Application Meeting Form, completed by a City Planner. □ Completed Application Form □ Completed Hardship Documentation Form □ Certified Property Owners List — owners within 150’ of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance / Government Center, A-603 300 South 6 “’ Street, Minneapolis, telephone 612-348-5910 ■p. Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements listed within this packet. Including hardcover calculations. Also provide one copy 8.5" x 11" or 1 r X17" for reproduction. O Completed hardcover calculation worksheets (as provided within the variance packet). yC Topographic survey - including existing and proposed elevations. Provide one copy 8.5" x 11" / or 11" X17" for reproduction. Sketches or plans of floor and elevation viev/s (provide one copy 8.5" x 11” or 11" x 17"). O Additional items may be requested by City Staff depending on the scope of the project. * APPLICANFS ACKNOWLEDGEMENT: The applicant hereby agrees to provide all information required or requested by the Planning Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application and certifies that the information supplied is true and TOrrect to the best of his/her knowledge. The applicant recognizes that he/she is solely responsible for submitting a complete application being aware that upon failure to do so. the stoff has no alternative but to reject it until it is complete or to recommend the request f denial of the request regardless of its potential merit Applicant's Signature: Applicant’s Signature:Date: Date: OWNER'S ACKNOWLEDGEMENT: The owner i^reby acknowledges and agrees to this application and further authorizes reasonable erlry onto th® property by City Staff, consultants, agents, Commission & Council Members for purposes of investigation and verification of this request. Owner's Signature: Owner's Signature:Date: Date: Applicant ^jJSt have all subrnlttals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are normally held on the third Monday of each month Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized reoresentative attend in place of the applicant and advise the City Planner assigned to your project. O .. il Page 1 of 3 HARDSHIP DOCUMENTATION FORM This form is s required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this fomn is complete and submitted to the City. Minnesota State Statue Section 394.27, Subdivision 7 requires that a hardship be demonstrated in order for a variance to be granted. The hardship must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid hardships. In order for an application to be heard by the Planning Commission and City Council a hardship having merit must be demonstrated. HOW DO I PROVE A HARDSHIP? This form has 12 points outlining the basis City staff uses to determine If a hardship exists and how the variance will affect the surrounding community. To prove a hardship, address all the relevant points listed below and answer them as dearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance Is Justified. The information the City receives is what Is used In determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of these hardship criteria as they relate to the request (some may not apply): 1.‘The property in question cannot be put to a reasonable use if used under fnditions allowed by the official controls.” UflJi i*/>nf/). nrrfeC \rviQh <^i7*>niOn/. ■PraV 4?o , LiA jjyTLT") 2.‘The plight of the landowner is due to circumstances unique to his property not created by the landowner.” 3."The variance, if granted, will not alter the essential character of the locality. "Thg. prruoo&^A \lojr\Ounc^^ lAV^uArl fr>r»&Lrogjk'QO CJhtyQckXl Vv\nn^. ■ nM- riLV-tgjr \Vc. 4,"Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the Zoning Chapter." . i ♦ i 'I I ♦ I i s. 11. Page 2 of 3 •Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined In Minnesota Statutes, Section 116J.08, Subd. 2. when In harmony with this Chapter.* 6. 'The Board of Appeals and Adjustments or the Council may not permit as a variance any use that Is not permitted under this Chapter for property in the zone where the affected person's land is located.” 7. ”The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” 8. ”The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 9. 'The conditions do not apply generally to other land or structures In the district in which said land is located.” 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the apolicant.” ^ "The granting of ttie proposed variance will not In any way impair health, safety, Side * be contrary to the Intent of the Zoning onqinrLl Vinm^curd heoMh nom^ LGOLlJId ik \^ I ^ i .1 I juii r \ L Page 3 of3 12."The grentlnfl of such variance will not merely serve as a convenience to the applicant, but la necessary to alleviate demonstrable hardship or difficulty." Hardship Statement Should you feel the hardship cannot fully be described in the above criteria, describe the unique hardship, practical difficulty or unusual property conditions preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): . -to Qjt rtrt'QLrvaJL •VviyiirtQ -W^ >rvB,V<a. nC'r 4Wir> rpjfrwiyiinQ f\iip Ar>r\ VwiJ-Hn “TVv» rp/^ iK \D An<gc. r>r^ or>rvWtiV\ -lAn^r. •Vll^o OlIXCS hfCjln^ronryJ (r>r\ 4Ar>r>4- r r>YnR\Hrjm4i'A 4JL A, /T^.- r: •* \ 1 U'-?;h /y f i Uk I tmnopm "'it '■V^^ -r. ;. > •; 'i Hennepin -,,.;«-^,:c<.s? Taxpayer Services Department ..............V/ Parcel Informatfph. Parc«l ID 02117*i^pO2 . v Hoos*.Humberj^|$. 8tra«t Nam« FB Tfiialt nota Itgtfy noof^ map. It _ data fwrrCIty, CatuHj^nd Slala mad iamM K--\>4-> I ittoff ef i^madon ^ r c:-1 {£XIST)^Cs» <1- TOPOGRAPHIC SURVEY FOR JYLAND DISTINCTIVE HOMES, INC. IN LOTS 4, 5 fic 6, NORTH SHORE COTTAGE ACRES HENNEPIN COUNTY, MINNESOTA LEGAL DESCRIPTION OT PRCyiSES Short Cottogt Acrtt. Lokt Minnttonko. Htnntpin County, Minnttoto. ht Northflofttrly corntr of Lot 4. thtnct South olong tht ------ - -----thtnct ot right ongit* WtittrIw 60 ftit: thtnct 499^2 mort or Itit. to a point In iht Nor thwttltr ly lint of told Lot 4 iiwr\h7ni\.............. Souihtotttrly otong thoNorthtrly lint of Lot. 4 to tht point of btglnnlng. 4 Nor th Short Cot toot Acrtt. Lokt Minnttonko. Htnntpin County, Minntioto IS s thtnct Eott olong told ptrptndicolor lint 80 fpfl to tht point of btglnnlng Cottogt Acrtt. Lokt Minnttonko. dttcribtd at followt ; Contninclng t : (90ej) : 4AI^i 917- ffiS dtnotet iron rnarktr dtnotti tiitting ipol t Itvot Ion, mton teo itvtl datiin dtnottf propottd ipot titvoiion, mton too Ityfl datum dtnotet ttitllng contour lint, meon tto fcyel dctu^ dtnottf propottd ccnlojr (Int. nvon ito Ifytl dottjh Btoringi thown art baud upon an otivnvd dotir\. Thit lurvty Inltndt to ihow iht boundoritt of tht obovt dttcribtd property, and the propoitd location of p propottd houic thertron. It dots not purport to thow any othtr inprovoT^rMo or tncroochrrtnti. i) ^ frr.0 i) 04 r ftry.j 3; 0At r ffs.s 0 r Pi/.T ^r0t 04 M 4ki 0'Jt 04000 40^4 40ru c.-./<rr.v 00 t04$,^0. K .. if/' % ic .1 , /, . *•••*,•* • • • A**•»• *♦* » • • •' *! ^ • ^ . ,w ‘ *...•.. ■• • ~ • • • , • t.*. % • .*. *• . a57940 OVtai o-^ / 3 ^ * • •* itAH9 Mn494MTf0»HR ^ ^oXc OiCT<V«-< CIaAi^ 3 X.AvUL> .JU ”Kik*tr lUL 44«/SU«ji4 64^ - • . J, , •1-ot-oL,^ 4-A4^W«^' CUm./ o6v4a1^«J^ ^3^0 !>*—xU r ^ ^ ;iiaD.V ‘lvV«^)„ . ,. a.-=rs-~’4<|’^f^~-1^ O.U-C:, Wtai. • »^><i4*va^sA4. J JJr i^,cX<u^'^ CL,&,ttfo-%. v»wc. -^itc ^y^y ff, , £j -n*^ . - I C« 6«, ctui t</>.AAtfclA».AW./ <JU/,tf*^tAt^ OL., A. t*rfc-i ^U/iAC^t >;<«. -g-^ QCW¥4^«v* QlAU^^<,.4Xa* OwJL -tu. CTekt»^«:w<fc<^«JL •CtvMT i^u..JZAt ct* 4a»«L4, a, ^,5^**, «-J& a£-^ ^.C,, ^ / /,v^ f t-CJ 1 \jf\cNr^^ orrxs Of %£Oxsrzx oV ? ‘ mmm'^rnEmmmms. Adt^ &ka: V :J ■•:':.!.t Sr,-; ■ • '■ •-V.W ;.. V .!; . fTs. •» •• r« iit^ 4r»s.<. c««Ki*^ PTC.P«^ fur 1^1 /WC^CQul ^ 0 C««t/v|y Trvca, -as? ;Jtv X ?■ .' *1® I -':m id /”' rv-iifi tV mm g^“V . 'i-'iv; ■■' ¥■ ''''\v. fc"'* < ‘•■',’’-’f j-l-' ‘f'' JV'/'-vv-lr •'.:^V .i'*. %.>•>. ./^ •/, -i- ’••iV^-rr* ■ - • ;...‘-v' '■: ’.•.v •’■• -:ifl i^- f •« A» ■''j ■ '- Su4-s?'j r'Y^r?! f A./ikt ua ..V . - •. ' mmi<y ■ Ef^:- <.-s ;,.’fc C-</ -*v '-•■?*» '• "tirii 'j»T IJi. ,i-:v-/>„*,,I17‘? «S ••• v:<>A '* -1fV M ’--4' 1/. .• V S'- / ^ >1^ iy. * • •. nr ' 11 Til '■m h> ' »■', RUHDA .9/20M 99 0211723410005 fROP AOOR 702 CO RD NO IS OWNERNAME THE NATURE CONSERVANCY TAXPAYER NATURE CONSERVANCY NAMEMDDR 1313 5TH STS E SUITE 314 MPIAMN 3S4I4 31 0211723430002 PROP AOOR 1070 FERNDALERDW OWNERNAME JYLANODISTlNCnVE HOMES INC TAXPAYER JYLAND DISTINCTIVE HOMES INC NAME/ADDR 1070 FERNDALERDW WAYZATAMN 35391 31 0211723430005 PROPADOR 31 ADDRESS UNASSIONED OWNERNAME C BROOKS JR* CO BROOKS taxpayer C BROOKS JR *CG BROOKS NAME/ADDR 910 FERNDALERDW WAYZATAMN 55391 31 0211723430016 PROPADOR 1105 FERNDALERDW OWNERNAME RALPH CBAOLEY taxpayer RALPH CBAOLEY NAMEJAOOR nos FERNDALERDW WAYZATAMN 5S39I 31 0211723430022 PROPADDR 1055 FERNDALERDW O' R NAME GERALD T MCCOURTNEV ET AL TA ac AYER OERALOT MCCOURTNEV NAME/ADDR 1055 W FERNDALE ROAD WAYZATAI4N 55391 31 02II7234400I0 PROPADOR 90S FERNDALERDW OWNERNAME JCRJTBROOKS TAXPAYER JOHN C* JOAN T BROOKS 90S FERNDALERDW ---- WAYZATAMN S539I HENNEPIN COUNTY PRf TY INFORMATION SYSTEM PROPERTY. lERSLISr 38 O2II72342O0O9 PROPADOR 3S ADDRESSUNASSIGNEl) OWNERNAME THE NATURE CONSERVANCY TAXPAYER NATURE CONSERVANCY NAME/ADDR 1313 57H STS E SUnEJM MPLSMN SS4I4 3t 0211723430003 PROPADOR 1070 FERNDALERDW OWNERNAME C BROOKS JR *CC BROOKS Y^^^^YER C BROOKS JR ACC BROOKS NAME/ADOR 9S0 FERNDALERDW WAYZATAMN 55391 31 02II7234J0006 PROPADDR 3S ADDRESSUNASSIGNEO OWNERNAME JYLAND DISTINCTIVE HMS INC TAXPAYER JYLAND DISTINCTIVE HMS INC NAME/ADDR ROBERT A CARLSON PRESIDENT 201 LAKE ST E WAYZATAMN 55391 31 0211723430020 PROPADDR nOI FERNDALERDW OWNERNAME JGASMLEBEOOFF TAXPAYER JONATHAN 0/SARAH M LEBEDOFF NAME/ADOR • I®* FERJOALE RD W WAYZATAMN 55391 31 0211723430023 PROPADOR 1095 FERNDALE RD W OWNERNAME KATHERINE M POX TRUSTEE TAXPAYER KATHERINE M POX NAME/ADDR 202 BAHIA POINT NAPLES PL 34103 II oil1723440017 PROPADDR ^940 FERNDALERDW OWNERNAME CAJPIOYD TAXPAYER DR* MRS CHARLES P FLOYD Ham P/A D«m> 9C0 west FERNDALE RD WAYZATAMN SS39I n 071172)4)0001 PROPADDR 3* ADDRESS UNASSIGNEO OWNER NAME THE NATURE CO kC'JIVANCY TAXPAYER NATURE CONSERVANCY NAME/ADOR 13I35THSTSE SUITE 314 MPLSMN 35414 31 0211723430004 PROPADDR 31 ADDRESS UNASSK jNEO OWNERNAME JYLAND OBTBCTIVE HMS INC yy^^^^YER JYLAND DISTINCTIVE HMS INC NAME/AOOR ROBERT A CARLSON PRESIDENT 201 LAKE ST E WAYZATAMN 55391 31 0211723430007 PROPADDR lOW FERNDALERDW OWNERNAME CJKUSHELL*SSKUSHELL TAXPAYER CHARLES* SHERRY KUSHEa NAME/ADOR NORMANOALE LAKE BLVD MPLSMN 55437 38 0211723430021 PROP ADDR 1065 FERNDALE RD W OWNERNAME JANEB NELSON TRUSTEE TAJIPAYER J 8 NELSON TRUSTEE NAME/ADDR *065 FERNDALE RD W WAYZATAMN 33391 38 0211723430024 PROP AODR 1045 FERNDALE RD W OWNERNAME HENRYMSKARP TAXPAYER CAROLOACONLEYBROOKSJR MR GERALD T MCCOURTNEV 980 FERNDALE ROW WAYZATAMN SS39I J8 0211723440018 PROPADDR )8 ADDRESS UNASSIGNEO OWNERNAME THE NATURE CONSERVANCY YjQ(PAYER NATURE OONffiRVANCY NAME/ADOR I3I35THSTSE SUITE 314 MPLSMN 55414 PAGE: I r i I: •> W \ ■ J 5: IJ m c - VMr i 'iV»* •**'• •—*<^r**~** • -'w* ■ <V»-r ,Vd RUN DATE :1/IM0M HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTYOWNERS LIST M 021172)440019 PROPAOOR »; FERNOALERDW OWNGRNAME CC AC BROOKS JR TAXPAYER CAROLOACONLBYBROOKSIR nameiaoor moferndaurdw WAY2ATAMN 5S191 SnMiSmN ooumv taxpayer services uePARTOon^-niEBEST OTMyKNOWUlMEANDOeUEE.^^^^^^,,^ :-. ^ PAGE: 2 •V‘ I *? • • .-y .••■■ • •;-) ‘i-•A'V 03 ' ■ 'I *• . c*; ■r\d • • » f UA'tlTlIi i , I Lk Minnehaha Greek Watershed District Improving Quality of "Witter, Quality of Life Thimday; Febniaiy 12,2004 Minnetonka Community Center Council Chamber* 14600 Minnetonka Boulevard Minnetonka, MN 55345 Board of Managen: Lanoe Flaher, President; Pam Blbc^ Vke President; Monica Gros% Treasurer; James Calkins, Secretary; Scott Thomas, Manager; Richard Miller, Manager; Susan Goetz, Manager Note: Indicated times art estimates; actual times may vary considerably. Iruitvlduals with Items on the Agenda or who wish to speak to the Board are encouraged to be In attendance when the meeting is ceiled to order. 6:15-6:45pm 1. Violatioiis CommlttBe Meeting 6:45pm 2. Board Meeting Call to Order and Roll Call 6:45>6:50pm 3.Mattera from the Floor Anyone wishing to iddreti the Board of Managers on an item not on the ayenda or on the eonienf ngffl may come forward at this time. CocnmenCs are limited to two minutes. 4.CAC Report 4.1 None 6:50-6:55pm 5. Approval of Agenda (Additions/Corrections/Deletions) 7:00-7:15pm 6. Presentations, Awards, and Spedal Recognitions 6.1 Luce Line Zero Runoff Demonstration Project-P. Palm (IS) 7:15*7:20pm CONSENT AGENDA (The cotucol agenda it considend aa one item of bualneu. It consisti of routine adminiitrative items or items not requiring discussion, licnu can be removed from the consent agenda at the reqtiest of a Board Member, Staff Member, or a Member of the Audience.) 7. Approval of Minutes* 7.1 January 8,2004 8. Approval of Check Register 6.1 None The Milwthaha Crtik Wattrthtd DItliici It eommtttui lo a ttadenhlp rott in protecting. Improving and managing the surfact tvattrt and affiliated groundvmtor rotourcoi wlildn iho Dtsoiei, tnclutUng their retaPonthipi to the eeotyeteme which they are an intef^port, through regulation, capital projectf, educalo^ eoopemilve enduivort. and etherprogramt bond on toundtdence. innovative MnUng on Informed and engaged constituency, and eettegeedveute of public fitnds. V 9.Consent Permits* ,,_ 9.1 Q3;623XltyeB!IlmHDQll5! The City of Minneapolis has applied for a permit for J: Erosion Control, Rule F: Shoreline Stabilization, and Rule N: Stormwater Management for reconstruction of Richfield Road located on the Southeast side of Lake Calhoun in the Qty of Minneapolis. 9.2 9.3 04-0Q3 Minneapolis Park and RAfr^aMnn Rnarri; The Minneapolis Park and Recreation Board has applied for a Rule B: Erosion Control, Rule C: Floodplain Alteration, Rule D Wetland Protection and Rule F: Shoreline Stabilization permit for a project on the West Bay of Lake of the Isles. The project will include compacting and regrading the parkland adjacent to the West Bay of Lake of the Isles to restore former lawn areas to create the historic conditions of the parkland. The project will also involve recreating the path, stabilizing the shoreline with bioengineering and native vegetation and filling a 0.17 acre wetland. Con! [f Chris Blair has applied for a permit for Rule F: 9.4 reambank Stabilization for the construction of a boulder retaining wall adjacehl to Minnehaha Creek at the location of 5036 Bruce Place in the Oty of Edina. 04-031 Robert Carlson: Robert Carlson has applied for a Rule B; Erosion Control and Rule D: Wetland Protection permit for single fomity home construction at the location of 1070 Femdale Road W. in the Cty of Orono. 10. Consent Items* ____ 10.1 Approval of Regional Greenways Collaborative Resolution of Support-V^att 10.2 Approval of 2004 Fee Structure-Evenson 10.3 Qty of Minnetonka Beach Water Resources Plan-Wyatt 10.4 Amendment to Vegetation D^gn Contract with K^trel Design Group>-Hafner 7:20 • 9:55pm REGULAR AGENDA 11. Board Committee and Task Force Reports 11.1 finance Committee Report 11.2 Personnel Committee Report 12. Board Action on Violations Committee Recommendations 13. Permits Requiring a Variance or Board Discussion 13.1 Permits Removed from the Consent Agenda 14.Board Action Items* 14.1 Action Items Removed from the Consent Agenda 14.2 Authorization to Establish By-Laws Task Force-Evenson 14.3 Approval of Jennings Bay/PaInters Creek Water Quality Improvement Recommendations-Hafner/EOR (2 hours) 15. Dtecusslon Items IS.l None 9:55pm 16. Progressed Items 9:55-10:00pm 17. New Business 10:00pm 18. Adjournment *Attachments enclosed **Attachments to be tent under separate cover 4 WfCEJVEO m 9 ClTYOf-0«o^ Mofidiy M*rch 8,2004 To: City of Orono Planning Commiwion Mcnibas 27S0 Kell^ Parlcway. P O.Box 66 CiyatalBay.MN.SS323 From: Robot Ftoyd 960 West Femdale Road Wayzau. MN. 5S19I Dear Planning Cocnmiaaion Memben, My fiunily and I received notice of two variance requests for the 1070 Waal Fcmdale Road pro|)oty. variance requests number 04-2995 and 04^96* TTiia iKoperty is just one property west of our home. I visited the City offices and discussed both of these willi Mr. CJaffron in deUil. I am writing to pmviefe soma detailed comments and thoughts on these requests. Variance number 04^2996 is very simple and obvious. In more than twenty ycam of living here. I have never seen any public use of this right of way eaacmrjit on the 1070 property. The currently existing and very narrow private driveway to 1070 is the only use that has ever been made of this right of way, which waa apparently created a very long time ago before the current single property use was established. It serves no public purpose to continue this right of way which could only possibly be used to access the entirely private surrounding 1070 property. The terrain makes any other use illogical and impoasible. Aa nearby property owners, we favor the pernianenl vacation of that existing right of way aumiunded by the 1070 property. The public has not and dona not receive any uae oC or value from that small, unuaed. undeveloped, tnd purposeless right of way. The underlying land will be much bcaer used simply as part of the 1070 property. Variance number 04 299S ia more complex. The goal of the current two acre minimum of dry iind is admirable on the surface, but is not actually what it aerms. There are only two or three propeitiei (90S and 960) at roost on West Fanidale Road, within the City of Orono limits, which can potaibly currently meet this requirement All of the remaining properties are on less than two acres of dry land, in many cases far iess than two acres of dry land. 1 asked Mr. Gaffron why the City persists with a two acre minimum when the overwhelming majority of properties obviously fail to meet this requirement Especially when you exanilne the adjoining neighborhoods of Shoreline Drive, Orimo Lane, the Dickenson area, Orono Orchard Road, and much of the area surrounding the Woodhill club property. Even crossing into the Wayzaia portion of West Fcmdale Road to the east of the Orono City limit, the nauby properites are overwhelmingly much smaller than two acres of dry land per home. The axle's two acre minimum requirement is of very dubious value or legitimacy under these circumstances, 'fhe appropriate regulatory sit^iation should be a set of codes which carefully reflect reality, acknowledge the actual development and density already in place, and enables fiir use, development and propeity values for all property owners equally. 1 beleive the owners of the 1070 property should oot be requirr d to fulfill the unrealistic and unreasonable two acres of dry land minimum lot • ize. Die 1070 property is apparently lr.as than this two acres of dry ground, la it possible and permissable to alter the existing property by adding fill below the 929.4 level to create additional dry grouixl above tik required 929.4 elevation? What would be involved to accomplish this? Exactly what environmental, public, or private good would actually be served or provided by such filliog of the lower property? Is this goal really worth the har^hip on the ownen of 1070 and the disruption of the environment? At what point should such filling be limited if it is allowed? One acic? Two?.... If this filling is not allowed, then how can the 1070 owners possibly be expected to provide the additional dry land to fulfill the two acre minimum icquiremcni? None of the adjoliilng properties are currently being offered for sale. Even if any adjoining property was currcr.tly for sale, none of them have any excess dry land available (beyond satisfying their own seperatc two acre minimum lot size). None of the contiguous propertie.s even achieves a single two acres of dry land minimum lot size cunrntly Redrawing boundaries will not provide the required two acres. So how could the 1070 owners possibly be expected to fulfill this requirement? Would the City even really be seeking any actual fulfillment of these p.i minimum lot eudc , setback^ ind hardcover requiremeiits and lunitations if one of the very small nearby properties in th '. area was seeking to rebuild? Look at Uic recent demolilion and total rebuilding of the 1101 West Femdate Road property. How can the City possibly expect that rebuild would meet tho 75 foot lakeahoro setback, two acre minimum lot si/fj, side setbacks, drivwny, and hardcover limitations? I low was that rebuild ever approved and completed excqrt by granting multiple extreme variancea from the crit/s retpiiiements? What was tlic owner of that property supposed to do? Abandon 1101 aa unhuildahic? Or Forever use the minimal and tiny summer cabin which previously existed, no matter how high the land value increased? How is it fkir to now hold all oc any of the other surrounding property owncra to far stricter enforccmenl of these same codes and reg^tions'/ How are the hardships any different? How is one owners desire to use, improve, enjoy, mi(i mawim iff? property value dilfcrcnt than any other ownei^s similar desires/ When tlie time comes to rebuild on the 1 lOS West Perndale Road property, bow can that |Nti|)crty over meet the 75 foot lakeahore setback from the lakeshore on throe sides of die lot? I tow can it ever misel tho various side hardcover, driveway, and two acre minimum lot tl» reciuircments? Ag|un« why should aunuunding projicrty owners be treated ao difrerolly? The reality is that the 1070 property is one of the larger lemaining properties on Weil Fcnidalc Road. Rven if it docs not have two acres of dry land, it has much more undeveloped surrounding property than ronrt others. * The obvious foci is that all of the pn)pcrfics around lake Minnetonka arc tieing continually subdivided into sinatler and smaller IcKs over time. This is il»e result of a number of factors. ITiis same thing is very nolicably happening nationwide, to varying degrees and with varying siiecd, to all valuable waterfront properties and other highly drsirible residential areas. Okie major factor ia the very rapidly rising value of these residcnlial propertiea. Ai tlie values rise dimmatically, there are fewer and fewer potential luivate individual biiyen who me aide and willing to pay the tnie underlying great value of tlie leinainuig huge propatiea. Ihe (luc value is the fiighcst reasonable or posaihle use that the property can be utilized fur, and the coneapooding value that could be received for sucdi use. Fewer and fesver individuals are Rnancitlly able or willing to match the tiiUl actual value that large desirmbte propcftics can reasoiuibly sell for and obtain when split into t number of smaller parcels and sold to a far greater number of competing potential buyers, Fach of these multiple potential partial buyers are bidding in a sip^iincaiUly lower, more affordable price bracket for each of the smaller multiple lots, nicsc potential buyers are much more readily available and numerous than the much smaller number of potential buyers who arc able and willing to purchase the entire larger property and keep it intact as one single property. The individuals who can pay the entire true value usually do rot can: to invest that much in a single property to achieve the privacy, swurity. and other benefits that such a larger pro|icrty can provide. Tlic opportunity costs of owning this incrcasmgly higher and higlier value property is just too much for most potential buyers and owners to justify, lliat same money can be put to so many other comfictiiig productive usea by all potcntit.1 buyers. The remaining large properties which can possibly now, or in the future, be subdivided, rarely sell to individuals for their true underlying value. This is a fact which zoning cannot actually change. Zoning cannot change the fact that smaller properties are getting larger and larger selling prices, zoning restrictions are preventing the larger property ownen from gaiiang this same value pfoportionalely, by artificially forbidding exactly similar use, density, and selling prices that can be obtained through subdivisiorc This is clemly unfair io the larger property owners. Another factor is a dramatic change in potential buyers* tastes and desires. The current two acre minimum zoning was enacted decades ago uixicr very different circumstances. Current buyers are different than those of the 1970s. Ihcre is a very different emphasis arul set of expccUtions for the buyers of today in comparison to buyers of many years ago. Most buyers now have a much lower expectation of being able to afford large acreages, low density, and achieve maximum privacy. Current buyers are much less willing and able to even attempt to seek these benefits out at the current far greater property prices. Higher pricing is less tied to acreage size and low density now than was the case in the past. Very small properties are now routinely accommodating much larger total square footage houses than was true in the past (or when the current two acre minimum and various hardcover and setbacks rules i jre adopted in the 1970s). A coiiiparison of Orono's older and newer Homes will make this change obvious. Small, higher dcn.tity properties with little or no privacy or f.?r.H The curreot toning does not •cknowledgp or deri with Another leclor is that ss the Und value increases, the new buyen demand pioportiooitelyiiwieeKpensivenewhomr .hatland.nushes Wtothe widespreiddenioliUonofegwdendever aweesingpercet^ofsll l^ore homes in Orono end the Uke MinnetonVa sitfc Many be«inful bo^ h^ boon lost to this ineviuble desire. Some beautiful and peifccUy maintained properties have even been intentionally allowed to fUl into disrepair and negiret lojustify their completB destruction and replscemenl by new housea ^ In Older Co actually enforce and cany out the cunent two acie miniiriuin« the City would have !o forbid any ro^wilding and/or repisceinoit of the overvvhelniing nuijori^ of aiiating homes in these arming areas. Only a very small handful of the cunendy enisling properties possess the required two or more acres of dry land. The City does not inrthftiUy Inleod to render the overwhelming majority of these valuable existing properties completely unbuildable and worthless to future owners. Does the City intend to prevent all new construction in these neighborhoods? This is certainly not what has actually b^ happening. Thia would lead to the g^t mijority of these csdstinS pcopeiliei being vacent and uninhabitable 8ub>sCaiidard loti cvcfy dme anything happens to the eaiatiog housea. Over enough time. neaHy all homei will luffifir fires, stomi neglect, and eventual functional ohaoleaceoce. Strict application of the two acre lot minimum would prevcal all new or reptacefneoi eooatniction on the imdority of properties in Orono and lead to totally vacant, unusable, and woithleas peoples over time. This clwly was nol the intent of the lot size minimum, hardcover, and requirements. These wore intended to protect and anhanc e the property oweet s* afqoymeot and valuer not forind and totally destroy it Specifically around Like Miniietonka. we have all witnessed m^y larger prop®ty owneis who are veiy attached to their land and veiy much wish to sell It intact undivided, only to find that much smaller adjoiniiig properties are selling for as much or more than their own larger property. Often telling much raster and more easily. Even when a seller maniges to find one of the veiy few buyecB who desire and cm afford a larger undivided acreage, the seller rarely receives the true underlying ftir value for their property. Then some later owner does subdivide that same property and obtainsa wildly higber value for the exact same property. The fact is that over time large properties usually are subdivided regardless of zoning. Someone always managea to obtain subdivision eventually. This leaves all of the previous sellers who either did not subdivide, or wet c forbidden to subdivide, ch^ed out of this very sigpificate value of their property. This is completely unfair and, in actual fiKt tod result, does not hold everyone to the same zoning requirements and enforcement as fairness and equal tieatineot demand. In addition, the current requirements were established when only individual sewer septic systems were being used by each and every property in these portions of Orono. Now these iress have instilled costly city sewer service (paid by these same property owners based on their specific lot size) to all properties, specifically to prevent the effects on the Lake and giroundwater that potential higher density would cause or worsen. Once the city sewer ^em was installed, it changed the situation dramatically and affected the justification for the imposition of these old zoning requirements. The runoff from building roofs, driveways, terraces, and similar hardcover is not the major cause of water quality problems. These surfaces do not contain or endlessly bleed major pollutants. The major problems are obviously caused by homeowfien who continuously smother their homes, lawns, and gardens with every kind of toxin, pollutant, herbicide, pesticide, and fertihzer known to mankind. One auch owner's behavior can caaily do Tar more damage to the water quality, groundwater, md area resideota than hugp aniounta of dean hardcover ever could. The amount of additionsl natural vegetative filtenng that such abusive behavior would require to mitigate is far more than any of the codes provide. There should be far leas emphasis on lot size, setbacks, md hardcover and far more emphasis on harmful owner behavior. I believe City of Orono should change the zoning requirements to allow all largar property owners to subdivide to a degree which will match the ■efuaJ surrounding properties, and in this way stop depriving the larger property owners of their true underlying property value. The City should change the zooing to prevent the oear^ univokl need to obtain multiple and extreme variances for any changes to the ovcrwhdmirg majority of all P.4 properties in these areas. The smaller sub-itandard properties which cuircnlly do not meet ihe two acre minimum arc not penalized in any way for their lack ofhaving two acres of high gnnmd. Except having to seek and obtain redundant variances for nearly every tingle property. There is no great value withheld ftom those o^ers tl^ aell their smaller noo-conforaiing propertka. Why should ^ City persist in unfiuriy harming any owners who did not previously divide their propetties Into smaller Iota? Why should some individuals now, and in the fbture, be allowed to subdivide while others are forbidden firom doing exactly the same thing? Over time this is exactly what has been happening. A variance by definition should be a deviation from the nomtsL When nearfy all pro perty owners are forced to obtain variances over and over, fiic variance becomci the norm and the City's purport^ norm of code fulfillment and enfoceeroent is actually the rare exception. This is unreasonable and denies reality. What it gained by such unrealistic behavior? If the City is unwilling to re-zone or chaise the zoning, then a dear, detailed, and exceedingly equally applied criteria should be established and promulgated which will enable the great majority of property owners to ^lly enjoy and improve their valuable properties. This criteria should also facilitate all largier property ownefs easily obtaining variances to subdivide to an extent which will match the actual surrounding propertiesC existing lot sizes, setbacks, haidoover, and densities. This would provide a fair and equally applied method to allow all of the larger property owners to eqjoy exactly the same degree of property use and value that the surrounding smaller fwperty owners already fiilly anjtty. If the variances are not easily given to til larger property owners, then the unfalmeas continuea. The City codes should acknowledge the instalUlioo of city scAer sytiems and provide ths property owners ¥vith relief from codes and legyladoos designed and ooneelved to deal with multiple septic system runoff which no longer occurs. The current situation and resulting problems are unfair to property owners large and malL In additioo. the difTerently applied (between diffecM individuals, diOerant properties, and over time) and the ever^changiiig variance crilaria and grenting process has not treated all owners equally. This has cort some owners very large amounts of aioney and greatly rewarded other ownen over enct(y the same subdivision issues. P.7 The larger owners who have not previously been causing exactly the probler!s that zoning is intended to prevent are banned. While the smaller property own * * nrl currently subdividing owners sre disproporlionstely and greatly enri'*’ d lur actually causing these exact same purported problems. This is obvious^ unfair and should be corrected. The future of Orono has alresdy been written, the forces of rapidly rising property values, high demand, and changing buyer tastes will increasingly divide the fewer and fewer remaining larger properties until a natural equilibrium of market forces is reached. The total number of larger properties will decrease until it exactly roatcliea the current number of individuals willing and able to pay the true underlying property values. With every increase in value, the number of potential buyers of la ger intact properties decreases. Even a temporary shortage of buyers will lead to more subdivision and any later appearance of more willing buyers cannot reverse the previous subdi visiom. l4uger property owners cannot be expected to forever hold property or suffer greet losses on resale when faced with no ready buyers willing to pay the true undivided total value. Owners of sub-standard lots, who are the great ntajority, also should not be expected to suffer resale loss or ruined use due to outdated codes or face variance requirements for every improvement or change to their properties. Subdivision U the natural and inevitable method to utilize each portion of every property to its highest reasonable value for all owners and Orono residents. Artificially attempting to interfere with and prevent appropriate use and any response to change will cause endless hardships and ultimately fail. The forces of supply and demand and economic reality will force such change upon Orono no matter what is attempted. It is not proper or fiiir to allow some owners to maxkn’ize property use and value and illogically prevent others from doing exactly the tame. It makes no logical sense to allow adjoining property owners to utilize and sell their properties so differently. Why should the smaller properties be allowed to cause all the disadvantages that the zoning requirements exist to prevent, while the laigor property owners are severely penalized for having so fki prevented those ime disadvan* ea from taking place on their own property? Why should existing hardcove noff, density, etc. be so tolerated on smaller properties but any exactly stmiu. new property use which causes exactly these same situations, to the same degree, be so forbidden to the rt m Unar property owneiViole and great monetaiy loss? Even if some owners are, at times, unfairly prevented from maximiang their use and value, some later owner will surely do so. liconomic facra will eventuaUy prevail and make thU ciiange reality. So why penalize only the current property owners? ... . r • TTie City will do all property owners and residents a great favor to ackmwtedce reality and the inevitabili^ of economic forces which will cause certain change- "nre City should work to optimally guide this change, rather than attempt to deny and prevent it with artificial and failing aonuig requirements. llte City should strive to faciUtate all property ow^ attempting to reasonably maximize their value and use of their properties and should modiQr Ci.ycodes to reflect reality. I favor the granting of the lot size vtnance to the owners nf the 1070 property. The owncn are not proposing any subdivision, only the ability to rebuild a single house where a house had already been, and rebuild on exactly the same lot as before. .... / r The 1070 property actually has much more dry land than many (most} oi the surrounding pnifiertics. The previous Lowry home wu adequately spaced fiom thr .nunumdiiiB homes, with greater seperation from die larger properties to the eiL 1. This will he maintaiiiod under the proposed plan. The building plans mipcar to propose > very attractive and appropriate house on the site. The 1070 property has city sewer service which did not exist when the two acre minimum and various setbacks were imposed iiiroy years at>o. The property adioining inunediately to the west of 1070 is on a much smaller total dry land tica than Oie pro|Hise*l 1 070 plan. The proposed plan docs not appear to adversely affect the previous seperation and spacing from the property to tlie west llie property to the west should not suffer any ill affects. The property immeiliatcly across die street, to the south, has had a dreinatic hardcover reduction in 1998 from the complete removal of the former Skaip home and associated hardcover. That property is in the proceu of being absorbed into the two seperate adjoining properties on either side of the Fonner Skaip fwoperty. The result vvill be decreased density to the south of 1070. This .Ian change* the sihialion from thirty some yeus ago when the two acre minimum was enacted. f.9 ♦ The protected marsh immediately to the north of and adjoining the 1070 property provides a very obvious limit to the future density of development that can possibly occur in this area. That open space far exceeds the intended effect of the two acre minimum. This alone ^ould cause the City to view the application of the two acre minimum differently (as less necessary) when applied to any properties surrounding this large protected open land wfiich provides tremendous filtering capacity for any ninofr and provides an obvious total lack of any nearby hardcover on this marsh land. The owner of the 1070 property should be allowed to utilize that property to the maximum compatible and similar v&lue that all of the area's smaller properties are already fully enjoying. The proposed 1 070 use is very compatible with and similar Co the current use and density of the majority of suaounding properties. This use as proposed should not harm anyone or cause any problems. I hope this variance will be granted and look forward to the new addition of a 1070 house to our neighborhood. This will be an obvious benefit to all of the surrounding property owners who will benefit from this additional investment in and improvement to the 1 070 property. This continuing use as a single family rrsidcnlihl property (with exactly the same lot dimensions and dry surf ace) is the highest compatible use of, and value of the 1 070 property. Thank you fur the opportunity to express my views on this variance request Since :ly. Kohert Floyd P. 10 N h ‘I c. sr . 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A I •' i: ■> . \ v.*i . : H :x Id }^-;V V ^ / // 7 (V Wpt)i .'■•r » %0 1 V \ V H. ^v.c|Hj % .••: ■ ' • - '•• • -V:. .y '-;; ••• yi • -y -va •■tt_'fS-’''y‘ : ’ * ?■•?.;•*►:••. ^ .■-' <•'■ • . ■*■■ • A4|f^’Vfc^7y*yyy^-y »•*'%*• 3 'if '' -i- 1.^ . ‘ ’-f 4 .* • ’I ^;. -i. G '■'i u 5 'a ■' 4■••r-v A RESOLUTION VACATING UNIMPROVED PORTIONS OF AN UNNAMED ROAD RIGHT-OF-W a Y WITHIN THE PLAT OF "NORTH SHORE COTTAGE ACRES LAKE MINNETONKA" IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 04-2996 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on February 18,2004, Robert A. Carlson (hereinafter the "petitioner") representing Jyland Distinctive Homes, Inc. (hereinafter “the owner”) filed a petition with the City of Orono requesting the vacation of an unimproved public right-of-way adjacent to the property at 1070 West Femdalc Road, such right-of-way originally dedicated as an unnamed road in the plat of North Shore Cottage Acres Lake Minnetonka, Hermepin County, Mirmesota in 1902 and legally described as follows: The road or street as dedicated to the public io the plat of North Shore Cottage Acres Lake Mionetonka shown as 30 feet wide lying Southwe.steriy of the Westerly line of Lot 4, between Lots 5 and 6 and Northeasterly of a line drawn from the most Westerly corner of Lot 5 to the most Southerly corner of Lot 6, ail in North Shore Cottage Acres Lake Minnetonka, Hennepin County, Minnesota; and WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on March 15,2004, regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission on March IS, 2004 recommended unanimous approval of the proposed vacation; and Page 1 of3 i Jli 1 WHEREAS, the City Council of the City ot Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1.The portion of dedicated right-of-way to be vacated has never been improved as a public roadway, but does contain City and other public utility lines which serve the owner and the public. 2.The vacation of said right-of-way will not eliminate access to any adjoining or nearby properties, nor does it provide access to Lake Minnetonka or any other public amenity. Furthetmore, said right-of-way abuts only the petitioner ’s property and West Femdale Road. 3.Utility companies have been notified of the proposed vacation and Xcel Energy has indicated that an easement for a power distribution lines is required if the vacation occurs. 4. The City docs not intend to use the portion of right-of-way to be vacated for any public purpose other than for the utility purposes noted. NOW, THEREFORE, BE IT RESOLVED, that the petition of Robert A. Carlson on behalf of Jyland Distinctive Homes, Inc. is hereby granted by the Council of the City of Orono and that the portion of right-of-way as legally described above is hereby vacated, subject to the following: 1.Keserv ’ation of a perpetual easement for public utility purposes over, under and across the vacated right-of-way, which easement shall include the right of the public utility provider to maintain, operate, repair or reconstruct said public utilities and the right of ingress to and egret t from said public utility. 2.The vacatCv^ property shall be legally combined with the adjoining three tax parcels: (02-117-23 43 0002, 02-117-23 43 0004, 02-117-23 43 0006) Page 2 of3 I i ii % Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on April 12, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 3 of 3 i ; i I trill nr i A RESOLUTION VACATING UNIMPROVED PORTIONS OF AN UNNAMED ROAD RIGHT-OF-WAY WITHIN THE PLAT OF ••NORTH SHORE COTTAGE ACRES LAKE MINNETONKA” IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA HLE NO. 04-2996 WHEREAS, the City of Orono is a municipal coqjoration organized and existing under the laws of the State of Minnesota; and WHEREAS, on February 18,2004, Robert A. Carlson (hereinafter the "petitioner”) representing Jyland Distinctive Homes, Inc. (hereinafter “the owner") filed a petition with the City of Orono requesting the vacation of an unimproved public right-of-way adjacent to the property at 1070 West Femdale Road, such right-of-way originally dedicated as an unnamed road in the plat of North Shore Cottage Acres Lake Minnetonka, Hennepin County, Miimesota in 1902 and legally described as follows: The road or street as dedicated to the public in the plat of North Shore Cottage Acres Lake Minnetonka shown as 30 feet wide lying Southwesterly of the Westerly !>sc of Lo' 4, between Lots 5 and 6 and Northeasterly of a line drawn from the most Westerly corner of Lot 5 to the most Southerly corner of Lot 6. all In North Shore Cottage Acres Lake Minnetonka, Hennepin County, Minnesota; and WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on March 15,2004, regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission on March 15, 2004 recommended unanimous approval of the proposed vacation; and Page 1 of 3 i I lilil WHEREAS, the City Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The portion of dedicated right-of-way to be vacated has never been improved as a public roadway, but does contain City and other public utility lines which serve the owner and the public. 2. The vacation of said right-of-way will not eliminate access to any adjoining or nearby properties, nor does it provide access to Lake Minnetonka or any other public amenity. Furthermore, said right-of-way abuts only the petitioner ’s property and West Femdale Road. 3. Utility companies have been notified of the proposed vacation and Xcel Energy has indicated that an easement for a power distribution lines is required if the vacation occurs. 4. The City does not intend to use the portion of right-of-way to be vacated for any public purpose other than for the utility purposes noted. NOW, THEREFORE, BE IT RESOLVED, that the petition of Robert A. Carlson on behalf of Jyland Distinctive Homes, Inc. is hereby granted by the Council of the City of Orono and that the portion of right-of-way as legally described above is hereby vacated, subject to the following: 1. Reservation of a perpetual easement for public utility purposes over, under and across the vacated right-of-way, which easement shall include the right of the public utility provider to maintain, operate, repair or reconstruct said public utilities and the right of ingress to and egress from said public utility. 2. The aforesaid easement shall be separately documeited and filed with the Hennepin County Registrar of Titles. 3. The vacated property shall be legally combined with the adjoining three tax parcels: (02-117-23 43 0002, 02-117-23 43 0004, 02-117-23 43 0006) Page 2 of3 1 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on April 12, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor I Page 3 of 3 • : B CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 ZONING FILE #04-2996 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: March 22, 2004 TO:Bob Carlson Jyland Distinctive Homes 201 E. Lake St. Suite 241 Wayzata, MN 55391 COPIES: TYPE OF APPLICATION: Vacation of Right-of-Way DATE OF MEETING: March 15, 2004 VOTE: 7 FOR 0 AGAINST PlannlDg Commission recommended as follows: Approval of the vacation of the portion of right-of-way as requested by the applicant, subject to: 1. General utility easements to be granted if any of the utility companies confirm the need for easements. To date, we have heard from Centerpoint/Minnegasco which indicated no need for easement and no objection to vacation. 2. The vacated property shall be legally combined with the adjoining three tax parcels: (02-117-23 43 0002, 02-117-23 43 0004, 02-117-23 43 0006) Applicant's next scheduled meeting is confirmed as: _____City Council - Monday, April 12, 2004; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after reviev^ and approval by the Planning Commission. If you have questions, please call Planning Director Mike Gaflfron at 952-249-4600. t ! i @ XoelEnergy 414 Nlcoiiet Mall Minneapolis. Minnesota 55401-1993 March 24.2004 VIA FACSIMILE: 952.249/4616 And CERTIFIED MAIL Michael Grafton, Planning Director City of Orono PO Box 66 Cryfital Bay. Minnesota 55323^066 ? 5 2m CITY Of Re: Proposed Vacation of Public Right of Wav: 1070 West Femdale Road Dear Mr. Grafton: This is in response to your letter of March 10, 2004, requesting comments regarding the referenced vacation. Xcel Energy currently has overhead distribution facilities located within the vacation area, for which it is necessary for us to retain easement rights. PLEASE PROVIDE A COPY OF THE RECORDED DOCUMENT FILED SUBSEQUENT TO ADOPTION OF THE VACATION RESOLUTION, IN WHICH DOUMENT THE DESCRIBED EASEMENT RIGHTS ARE RESERVED. Should you have any questions or comments, please do not hesitate to contact me. Very truly yours. Kathy Blomquist Right of Way Agent Siting and Land Rights (612) 330-5604 2004.123 WFNPCPGOOW lowtttfciili (»VACRE8Py2004.123orono.<oe • til i C-2. • • •• GITYofOROXO Municipal Ofllcci Strati Mdrasi: 2750 Kelley Parkway Orono. MN 55356 Maillni Addreit: P.O. Box 66 Crystal Bay. MN 55323-0066 March 10, 2004 Minnegasco Steve Von Bargen, Real Estate Specialist 700 West Linden Avenue Minneapolis, MN 55440-1165 re: Proposed Vacation of Public Road Right-of-Way, 1070 West Femdale Road Dear Mr. Von Bargen: The City of Orono has been requested to vacate a portion of public road right-of-way located between Lots S and 6, North Shore Cottage Acres Lake Minnetonka, in Section 2-117-23, adjacent to 1070 West Femdale Road. Enclosed is adrawingidentifyingthe proposed road vacation. Please advise whether you have any facilities in this segment of right-of-way, and <vhethcr you have any objections to die vacation. This item will be on the March 15 Planning Commission agenda for a public hearing; however, final Council action would not be scheduled prior to March 22. Receipt of your comments before that date would be ^predated if possible. Please contact me at 952-249-^600 if you have any questions. Thank you for your input. Sincerely, Michael P. Gaffion Planning Director end.r/'-zr' CenterPoint Energy Minnegasco has no facilities within the above-described area and has no oojection to its vacation. Thank you for the advance notice. t/on Baraan /Steven Von Bargen Right-Of-Way Administrator CantsfPoint Enarov Mlnnaoaaco ____Mi Date Application Received: 2-18-04 Date Application Considered as Complete: 2-18-04 60-Day Review Period Expires: 4-18-04 b TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE: Michael P. Gaffron, Planning Directtor \ March 10,2004 SUBJECT: #04-2996 Robert A. Carlson of Jyland Distinctive Homes, 1070 West Femdale Road Vacation of Unnamed Road Right-of-Way - Public Hearing Zoning District: LR-1 A, Single Family Lakeshore Residential, 2 acre, sewered. Area of Road to be Vacated: 0.10 acre List of Exhibits A • Application B • Plat Map C - Survey D - Plat of North Shore Cottage Acres Lake Minnetonka (1902) E - Orono 1974 Wetland Inventory Map F - Property Owner’s List G - Code Section 78-9 H - Letter from Robert Floyd I - Sewer Line .\s-Built Map Application Summary: Applicant requests that the City vacate aportion of dedicated public roadway surrounded by applicant’s property. Stajf Recommendation: Staff recommends approval with conditions as noted below. Background The portion of right-of-way in question was dedicated as public roadway on the plat of North Shore Cottage Acres Lake Minnetonka in 1902 (See Exhibit D). This right-of way is functionally a private driveway today, although in 1902 it served as an alley for dry-land access to Lots 4,5 and 6 of North Shore Cottage Acres. Lots 4 and 5 have since been the subject of subdivisions to create additional small parcels (see Plat Map, Exhibit B) on each side of the alley. These small parcels were at some point in time acquired by a pror owner of Lot 4, and have become pan of the 3-parcel grouping proposed for constmetion of a home at 1070 West Femdale Road. The parcels have never been legally combined; legal combination should become a requirement of this vacation and the related variance request, j^jplication #04-2995. 1 i ..jm m-2996 March 10,2004 Page! Criteria for Vacation Zoning Code Section 78-9 governs the vacation of streets, alleys, and public grounds. In past vacation requests, the City has determined that vacation maybe appropriate when; 1. The vacation does not affect access to or use of any adjoining property. 2. The City has not and does not intend to develop, improve or use the dedicated right-of- way as road except for utilities and access purposes. 3. The unimproved dedicated right-of-way as its exists serves no public purpose. It is staffs opinion that these three conditions are applicable to the segment of right-o f-way proposed for vacation. The only City utilities in place within this right-of-way arc a gravity sewer line and manhole that only serves the q)plicant ’s property. Because the City may need to maintain this line and manhole in the future, an easement for utility purposes only should be granted over the roadway being vacated. Other utilities potentially using the right-of-way likely use it only to serve the applicant ’s property. The gas, electric, blep’ tone and cable T. V. utilities have been notified of this vacation request; no response has been received as of this writing, however, similar easements will be required if needed by the utility companies. No properties will have their legal access affected by the vacation of this right-of-way. The portion of right- of-way to be vacated does not provide access to the lake, nor to any other properties. It serves no apparent public purpose. The vacation will result in the entire segment of right-of-way reverting to the ownership o f the applicant A condition of approval will be that the vacated right-of-way be legally combined with the other three tax parcels to create a single tax parcel for use as a building site. A neighbor to the cast has written a letter that appears to support the grai ;ting of the vacation request (sec Exhibit H). Staff Recommendation Staff recommends approval ofthe vacation ofthe portion ofright-of-wayas requested by the applicant, subject to: 1. General utility easements to be granted if any of the utility companies con firm the need for easements. 2. The vacated property shall be legally combined with the adjoining three tax parcels; (02-117-23 43 0002, 02-117-23 43 0004,02-117-23 43 0006) I i ! i* V. -V fii e j OH' Application# Date Received «2.-/8 0*y CITY OF ORONO • GENERAL LAND USE APPLICATION Amount Paid PROPERTY LOCATION Site Address /070 AM/ Syi3 s-d* Type of Application to be Filed ____sm-evrr in<- •__________________ Properly Identification Number (P.I.D.) APPLICANT Name /^. Ccir/J^m Phone (home).Phone(work) 9^c?- Address .-P/) / .Soi U City Zip a~s-^^9/ OWNER (if different than applicant) Name J^tS Ji t/gf A/atrf£S . /ryer- Phone (home)___________________Phone (work) Address /r .3/ , zw/ City /g? Date Property Acquired *7-0 3___________________ I (do) (do not) also own the adjacent parcels of land. Zip SSS9 / __(month/year) FEES • CONDITIONAL USE PERMITS • $600.00 Residential Accessory L'se ____$600.00 Institutional (church, sct ool, etc.) ____$600.00 Guest House/Guest Apartments ____$600.00 Duplex Credit/Bldg ____$600.00 Commercial/Industrial Use ____$600.00 Land Alteration + Permit ____ Grading and filling - designated wetland or floodplain _____ Grading and filling - 501 cu. yd. or more _____Grading, seawall, retaining wails within 75' of lakeshore PRD/PID - see Fee Schedule $250.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS $600.00 Commercial Site Plan Review (+ consultant fees) V $600.00 Vacation ____$600.00 Easement Vacation ____$100.00 Easement Vacation With Subdivision _ $600.00 Rezoning (PUD - refer to fee schedule) _ $600.00 Comprehensive Plan Amendment _ $100,00 Appeals Other - see Fee Schedule' f • •- -<s •* / *•' '<"i I 1 y I REQUIRED SUBMITTALS 1. 2. 3. 4. 6. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350' of the subject property, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6^ Street, Minneapolis, telephone 612-348-5910}. Certificate of Survey (signed by a licensed surveyor) - refer to handout for surv ey information. Attach legal dercription to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). , List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). .Construction plan, if applicable (see staff for requirements). .As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 3 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require scaled drawings of all documents, plans, etc. to be f’.initted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:____________________ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expens^ Incurred In review of this application, and certifies that the information supplied is truejand correcUo the befet of his/her knowledge. (A ( uateApplicant's signature f OWNER'S SIGNATURE ' The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commssion members and Council members for purposes o^/k^vestigation and verification cf this request. Owner's signature !S oym' Date oi/f8fO Applicant must have all submitt^ Into the City offices 25*ciays before the Planning Commission Meedh^. PlanninQ Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. if ;? . ■ ’\ i J nXM : Q % P8S0C10TES rm NO. ; 952 473 4435 Feb. 17 2004 04:45Prt P2 <4-2. GRONBERC k 4SSOCIATES< INC flURVCYINO. SNOINEERINO AND LAND PlANNIMa A4SN. MflLLOIlirOMIVE UMM UMC. MINNCSOTA BS3M Mt-47S.4t4( Pm: «B2-47>.44M ROAD VACATION DESCRIPTION FOR JYLAND DlSTINCnVE HOMES, INC. IN NORTH SHORE COTTAGE ACRES Febnury 17,2004 ROAD OR STREET TO BE VACATED Tlift road or tfftet as dedicated to the public in the plitofNoith Shore Cotuge Acres shown tt 30 feet wide lying Sotilhwesterly of the Westerly line of Lot 4, between Lots S ■od 6 and NoftiMesterly of n line dnwn fiom the most Westerly comer of Lot S to the most Southerly comer of Lot 4, ell in North Shore Cottage Acres. . i i I;1, V* U¥99gfuma^L0rii M •» •■•lAVJO. ’•"jiv’^k ->^:' %?» jV - ; ,«ii -^(0 .% Ir' « lif; Pdfce/ /n/(G Parcsl ID 021 Hous« NumO StrMt Nam# 7N$ltnot»l9gaOyi9oera»dmap.lt m%d»la ffmtpjllfy. Ctue^^ndSm m 3Mi V ALi .4-i rf\ 9 f€ eotmr^ of Let 4 \Coot Ino. of Let 4 Mt rmf 9f Lot N\ —A :s % 4^ \\N PROPOSED \r \X\ V k/-A / VT^. 4 r (p < 1.^ i^% * t*,^**^ ^ j,i • „ -, » t irf.H?® I T 1 » fc<>l • 1<>,^Y-i^ -v-ii.it \00J) ^ /• p- \ ^'7 0'i(o Vm / / / i// f •/ / / / //'vr / / , S »9^5r‘y B8.8B - J .// V .*■'//^ ♦ ^ /•'H^ ^E- *■"7 \ tTtT 'V '* l/' § % \ \ i\ '^SJ* • •***♦'S’* * V TOPOGRAPHIC SURVEY FOR JYLAND DISTINCTIVE HOMES. INC. IN LOTS 4, 5 3c 6. NORTH SHORE COTTAGE ACRES HENNEPIN COUNTY, MINNESOTA m LEGAL DCSCWtPTION Of PREMISES : Southeof ttr I y olong the Northtrly line o^ Lot 4 to the point of beginning. Nor ih Shore Cottoge Ac^’et, Lake Mlnnetonko. Hennepin Cotnty. Minntaoto thi pt o point in the Celt line of Lot 4 oietont 35C feet South fron 137 ^ South olong the Eoet line of loid lot o dietence of We«tIr?i*MnI n? .Vi*! ir dograti 30minulfP to the right, to o point in the cJJiIJ X t* niwng the Waiter ly line of aoid Lot 4 to the nost addition; thence Nor thwei ter I y olo.ng aoid Weeterly line of k «« tnenee Northeoater ly olong the Northwaater ly * ; ne ?! ?®'? 9 of 102.3 feet, thence Soutneoateriy 499.2 feat, more or ieaa. to o il (0 poirtt iorthweiter ly olo-ng aoid Weaterly line of aoidij ----------- ------- ---------- . • thence Eoat olong aoid ptrpendlcolor lina 80 feat to the point of beginning. ecaterty on the Nor theoateriy line 62 i feet; thence South«»eiterly to point of beginning. Shore Coltcoe Acrat. Loka Minnatorko. deacribed oa folloea Ccrrrrwncing ?i#^An corner of eoid Lot 6. Thence Norlhweiterly olong the Northeoetarly iin« of aoid ^ Southweater ly poroi let elth iht Southtoalar ly iina of aoid lat to the Southeeater I y ifl?S 9®'^ Seuthwaetar ly line to t ha meat Southarly eornar oflaid lol, thence Northacater l y 152 feat to pomt of baglnning. denotaa Iron morkir oanotaa flitting ipot eievotion. mean aao level dot^ denotef propoaed ipot e evotien. rear aeo level dotun denotaa as’ating contour line, maon aec lavat dotwm danotat propoaed contojr lina. nreon sea level dot'jh vai*i»i Baoringe §hown ora baaed uppn on oiatmd datum. Thia aurvey Inttndt to ahow the boundorlei of the obove described property, ond tha propoaed location of p proposed house thertron. it does not purport to show ony other inprpvenanta or encrooctmanta. 4^*409 m frr»m r frv.j }} z ffx.s 0 <#ea#ivr r f$$, 7 <0» 1 Tftm 04 r*-r 4li 4A$*r Vf $i9t04t 49tft ^ C9*gim^» \ SLT FENC£ OET/UL -a* er a* «ie«4* • T If f cJ|"‘ i»3tv tea"m I A L . , *«* • : • V - If© ^ "T H S H © m 1. €©T*rji©E |IC©SS LAKS MtHMSTOMHA ^.-. > •• .*• r*.i I >rjL ■yt ,, 'v^y* •. *^1 •: ffi'i - : •.■;■'• •• ••• • 4- V »;.f ’v'v .S: ■:v:ir.' 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C 4?tX< ^ - County Tr«ft^ 1-• i V • V.».% -f. ■***;?*? ^v-Av. ■•/^ - ^ M «ri VV 'iy.;■• •■ • •■ ' • ■^3-? r . • • . « I *. t* •. lU/V • « •. :.\ ■’ :•• •-*• J-. jtf v-.> OFFTCK O It30«El> V . • O'iVi •■ » • . ■ j- .• i i-?' //yrrr V Crrft^ T!y I i • r ' and Tnm doty ILoPorixu li •t' • • ■ 1 A. »• ■i-*;* I— o '> *‘^7**» - A-». V' ’ • «• ^-‘’* i;. • ‘^i* '•'* ^ ’ i £ 11^ M i# y » r wm FI ^ *Ji r -'* sy.f^v ^7 * . - ^ l'* i ,^,- .'i-t-i'w 4»!fc ^ffV''- V ■- :^■'•:mt;|i... -.'jt^A.:. ' ..Iw" »!■ .:' 1*^'.’^j-'-'Tt^.- '. ,.♦;,■ - |4 k ' j ■*—^ ’ *• •- ^ >1 .—.I ^ l*^- .• • ♦ ni-i— -----------------------------------A-ill il 14 ^M / 'v. n h RUN DATE :3/IW2(M 99 02II7234I0003 PROP AOOR 702 CO RDNO IS OWNER NAME THE NATURE CONSERVANCY TAXPAYER NATURE CONSERVANCY NAME/ADOR DI3 9THSTSE SUITE 314 MPtSMN SS4I4 3t 0211723430002 PROPAODR 1070 EERNDAURDW OWNER NAME JYLAND DISTINCTIVE HOMES INC JYIAND DBTINCTIVE HOMES INC NAMEMODR 1070 FERNOALE RO W WAYZATAMN SS39I 31 02II72343000S PROPAODR 31 ADDRESS UNASSIQNED OWNERNAME C BROOKS JR ACC BROOKS TAXPAYER C BROOKS JR ACC BROOKS NAME/ADDR RM FERNOALE RD W WAYZATAMN 55391 31 0211723430016 PROPAODR 1105 FERNOALE ROW OWNERNAME RALPH CBACLEY TA3CPAYER RALPH C BAGLEY NAMEJADOR 1105 FERNOALE ROW WAYZATAMN 33391 3S 0211723430022 PROPAODR 1033 FERNOALE ROW OWNERNAME GERALDTMCCOURTNEV ET AL TAXPAYER GERALD T MCCOURTNEY NAME/ADDR 1035 W FERNOALE ROAD WAYZATAMN 55391 3t 0211723440010 905 FERNOALE ROW OWNERNAME JCAJTBROOKS TAXPAYER JOHN CR JOAN T BROOKS NAME/ADDR 903 FERNOALE RD W WAYZATAMN 33391 km~ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS USE 3S 0211723420009 PROPAODR 38 ADDRESSUNASSIGNEO OWNERNAME THE NATURE CONSERVANCY taxpayer NATURE CONSERVANCY N/UHE//U30R I3135THSTSE SUITE 314 MPLSMN 33414 3S 0211721430003 PROP ADDR 1070 FERNOALE RO W OWNERNAME C BROOKS JR ACC BROOKS T/OCPAYER C BROOKS JR ACC BROOKS NAME/ADOR »«0 FERNOALE RD W WAVZATA34N SS30I 3S 02II72343000A FROPADDR 38 ADDRESS UNASSIGNEO OWNER NAME JYLAND DISTiXTIVE HMS INC TAXPAYER JYLAND DISTINCTIVE HMS INC NAME/ADOR ROBERT A CARLSON PRESIDENT 201 LAME ST E WAYZATAMN 55391 3S 02117234)0020 PROPAODR 1101 FERNOALE ROW OWNER NAMF. J G A S M LEBEOOFF TAXPAYER JONATHAN G/SARAHM LEBEOOFF N/U4E/ADOR • <01 FERNOALE RD W WAYZATAMN 55391 38 0211723430023 PROPAODR 109$ FERNOALE ROW OWNERNAME KATHERINE M FOX TRUSTEE TAXPAYER KATHERINE M POX NAME/ADDR 202 BAHIA POINT NAPLESFL 34103 38 02II7234400I7 PROPAODR 960 FERNOALE ROW OWNERNAME CAJFU3YD TA3IPAYER DR A MRS CHARLES P FLOYD NAIHE/AOOR 960 WEST FERNOALE RO WAYZATAMN SS39I 38 0211733430001 PROPAODR 38 ADDRESSUNASSK jNED OWNERNAME THE NATURE CONSERVANCY TAXPAYER NATURE CONSERVANCY N/UHE/ADDR 1313 5TH STS E SUITE 314 MPLSMN 35414 38 0211723430004 PROPADOR 38 ADDRESS UNASSIGNEO OWNER N/UmE JYLAND DISTINCTIVE HMS INC TAXPAYER JYLAND DISTINCTIVE HMS INC NAME/ADDR ROBERT A CARLSON PRESIDENT 201 LAKE STE WAYZATAMN 55391 38 0211723430007 PROPAODR 1080 FERNOALERDW OWNERNAME CJKUSHELLASSKUSHELL TAXPAYER CHARLES A SHERRY KUSHELL NAME/ADDR 8500 NORMANOALE LAKE BLVD MPLSMN 55437 38 0211723430021 PROP ADDR 1065 FERNDALE RD W OWNERNAME JANE B NELSON TRUSTEE T/OCPAYER J B NELSON TRUSTEE NAME/ADDR 1065 FERNDALE RD W WAYZATAMN 55391 38 0211723430024 PROPAODR 1045 FERNDALE RDW OWNERNAME HENRYMSKARP TAXPAYER CAROL G& CONLEY BROOKS JR NAME/ADDR MR GERALD TMCCOURTNEV 980 FERNOALE ROW WAYZATAMN 5S39I 31 0211723440018 PROP ADDR 38 ADIXLESS UNASSIGNEO OWNERNAME THE NATURE CONSERVANCY TA3CPAYER NATURE CONSERVANCY N/CME/AODR 1313 STH STS E SUITE3I4 MPLSMN 55414 PAGE; 1 k ■: . —• »I: f \ "•v "T . L (f - V ftUNOAIEtVHnOM HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 31 0211723440019 PROPAOOR 910 FERKDALERDW OWNERNAMB CORCBROORSJR TAXPAYER CAROL OR CONLEY BROOKS JR NAME/ADOR 9t0 FERN DALE RD W WAYZATAMN 55J9I TO^^R^RESENTA-nON OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OFTHE HEWEPW COUmV TAXPAYER SERVICES DEPARTMQ^jpTHE BEST OF MY KNOWLEDGE AND BEUEF. , At DATE-^-^^^ BY / . A ■ PAGE: 2 V :• • r) . •/ C: . • I • • •a ' .I'o ; Oj 5 .1 \ i ZONINO REGULATIONS { 78-41 (11) Prescribing penalties for the violation of the provisions of this chapter. (Code 1984, § lO.OK(l), (2))) Sec. 78-6. Minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. (Code 1984, § 10.03(D) Sec. 78*7. More restrictive provisions to ap< ply. Where the conditions imposed by any provision of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other law. Code provision, statute, resolu­ tion or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail. (Code 1984, S 10.03(2)) Sec. 78*8. Prohibitions. It is unlawful to convert, enlarge, reconstruct or alter any structure or use any structure or land for any purpose nor in any manner which is not in conformity with this chapter. (Code 1984, $ 10.03(4)) Sec. 78-9. Vacation ofstreets, alleys and pub* lie grounds. Vacation of streets, alleys and public grounds shall follow the procedures set for^ in this chap­ ter; except that such vacation shall require a petition by a msdority of the landowners abutting the property to be vacated, and a hearing pre­ ceded by two weeks' published and posted notice, all as required by Miiui. Stat. i 412 851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, tele­ phone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alle)^ and other public ways. Abo’ilevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adja­ cent to the street and which area is designated on the recorded plat as boulevard reserve. (Code 1984, § 10.12) State law reference—Vacating utility easements or bou­ levard reserves, Minn. Stat. $ 462 358, subd. 7. Secs. 78-10 —78-40. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT* DIVISION 1. GENERALLY Sec. 78-41. Zoning administrator. (a) This chapter shall be administered and enforced by the zoning administrator, who shall be appointed by the council. (b) The zoning administrator also shall: (1) Determine that all building permits com­ ply with this chapter; (2) Issue all zoning occupancy certificates and make and maintain records; (3) Conduct inspections of buildings and use of land to determine compliance with the terms of this chapter; Maintain permanent and current records of th:s chapter, including but not limited to all maps, amendments and special uses, variances, appeals and applications; (5) Receive, file and forward all applications for appeals, amendments, variances, spe­ cial uses or other matters to the desig­ nated official bodies; (6) Institute in the name of the city any appropriate actions or proceedings against a violator as provided by law; and (7) Serve as an ex officio nenvoting member of the planning commission. (Code 1984, i 10.06(1), (2)) *CroH Kference—AdmiaitUatios. ch. 2. CD78:21 finCEiVEO «!•( 9 m CI^^OhOROfio Monday March 8,2004 To: City of Orooo Planning Commisskm Mcmbeni 2750 Kalley Pferkway, P.OBox 66 Cryital Bay, MN. 55321 From: Robert Floyd 960 West Fcmdale Road Way»ta.MN. 55391 Dear Planning CocnmUslon Members, My family and 1 received notice of two variance requests for ihe 1070 West Femdale Road property, variance requests number 04-2995 and 042996. Tliis property is just one property west of our home. I visited the City offices and discussed both of these with Mr. CialTron in detail. I am wnling to provide some detailed comments and ihoiighLs on these requests. ~ Variance number 04-2996 ia very simple and obvious. In more than twenty years of living here, I have never seen any public use of this right of way eesemeat on the 1070 projKity. The curr^y existing and very narrow private driveway to 1070 is the only use that has ever been made of this right of way, which %ras apparently created a very long time ago before the current tingle propefty uie was esUblished. It serves no public purpose tc continue this right of way which could only possibly be used to access the entirely private surrounding 1070 property. Ihc terrain makes any other use illogical and impossible. As nearby propcfty owners, we favor the petmanent vseation of ihst existing right of way surrounded by the 1070 pa>pcrty. The public has not and doea not receive any use of, or value from that aiiiall, unused, undevclop^ ttid purposeless right of way. 'Ihe underlying land will be much better used simply as port of the 1070 property. Variance number 04 2995 is more complex ITic goal of the current two acre minimum of dry land is admirable on the surface, but is not actually what it seems There are only two or tlirce properties (905 and 960) at most on West Fcmdale Road, wittiiii the City of Oruno limits, which can possibly currently J meet this requirement All of the remaining properties are on less than two acres of dry land, in many cases far less than two acres of dry land. I asked Mr. OafTron why the City persists with a two acre minimum when the overwhelming majority of properties obviously fail to meet this requironent Especially when you examine the adjoining neighborhoods of Shoreline Drive, OroK) Lane, the Dickenson area, Orono Orchard Road, and much of the area surrounding the Woodhill club property. Even crossing into the Wayzata portion of West Femdale Road to the east of the Orono City limit, the nearby properites are overwhelmingly much smaller than two acres of dry land per home. The code's two acre minimum requirement is of very dubious value or legitimacy under these circumstances. The appropriate regulatory situation should be a set of codes which carefully reflect reality, acknowledge the actual development and density already in place, and enables fair use. development and property values for all property owners equally. 1 beleive the owners of the 1070 property should not be required to fulfill the unrealistic and unreasonable two acres of dry land minimum lot size. The 1070 property ia apparently less than this two acres of dry ground. Is it possible and permissahle to alter the existing property by adding fill below the 929.4 level to create additional dry ground above the required 929.4 elevation? What would be involved to accomplish this? Exactly what environmental, public, or private good would actually be served or provided by such filling of the lower property? Is this goal really worth the hardship on the ownere of 1070 and tlie disruption of the environment? At what point sluxild such filling be limited if it is allowodV One acre? Two?.... Ifthis filling is not allowed, then how can the 1 070 owners possibly be expected to provide the additional dry land to fulfill the two acre minimum requirement? None of the adjoining properties arc cuncnily being offered for sale. Even if any adjoining property was currently for sale, none of them have any exrcss dry land available (^yond satisfying their own seperate two acre minimum lot sire). None of the contiguous properties even achieves a single fwo acres of dry land minimum lot ii7e airrently Redrawing boundaries will not provide the required two acres. So how could the 1070 owners possibly be expected to hilfill this requirement? Would the City even really be seeking any actual fulfillment of these p.i miiumtim lot size, idbtck« and hardcover requiftmcnta and liinltations if one of the very small nearby propeities in this area was seeking to rebuild? Look at the recent demolition and total rebuilding of the 1101 West Femdale Road property. I low can the ('ity possibly expect that rebuild would meet the 7$ foot lakeahoro setback, two acre minimum lot aiTe, side setbacks, driveway, and hardcover limitaliocui? Ilow was that rebuild ever approvert and coffipteled except by granting multiple extreme variances from the Cit/s iei|uireiiienu7 What was the owner of that proficrty supposed to do? Abandon 1101 aa unbuildable? (>r Forever use the minimal and liny summer cabin which previously existed, no matter how high the land value increased? How ii it fair to now hold all or any of the other surrounding property owners to far stricter eoforoement of these aame codes and regMlatiocui? Ilow are the hardships soy diffbrent? How is one ownct^s desire to use, improve, enjoy, and maximize property value difTerenl than any other owner's similar desires? When the time conics to rebuild on the I lOS West Femdale Road property, bow can that pro|ierty ever meet the 7^ foot lakeahore setback from the lakeahoro on three tides of the lot? Ilow can it ever meet the various side setbacks, hardcover, driveway, and twu acre minimum lot size requimnents? Ag^in, why should surrounding property owners be treated so difTerenlly? Hie reality is that the 1070 |iroperty is one of the larger remaining propertiea on West Femdale Road. l\en if it does not have two acres of d«^ lan^ it has much mure undeveloped surrounding property than most others. The obvious fact is that all of the properties around Lake Minnetonka are being cofitimially auhdiviited Into smaller wid smaller lots over lime. Ihis is the result of a number of factors. Hus same thing is very noCtcably hap|icning nationwide, to varying degrees and with varying sp^, to all valuable waterfhiiil properties and other highly ttesimble residential areas One major (actor is the very rapidly rising value of these residential propeitiaa. As the values nac drainatKally, there are fewer and fewer potential private individual buyers who ace able and willmg to pay the true underlying grrat value of the remaining large properties. The true value is the highest reasonable or possible use that the |ini|ierty can tie utilized for, and tlie curmqxmding value that could tie received for such use. Fewer ard fetver individuals are financially able or willing to match the total actual value that targe desirable properties can reasonably sell for and I f.i obtain when split into a number of smaller parcels and sold to a far greater number of competing potential buyers. Hach of these multiple potential partial buyers are bidding in a significantly lower, more affordable price biacket for each of the smaller multiple lots. Hicsc potential buyers arc much more readily available and numerous than the mudi smaller number of potential buyera who are able and willing to purchase the entire larger property and keep it intact as one single property. Hie iiidividuals who can pay the entire true value usually do not care to invest diat much in a single property to achieve the pnvacy, security, and other benefits that such a larger property can provide. Hie opportunity costa of owning this increasingly higher and higher value property is just too much for most potential buyers and owners to justify. That same money can be put to so many other competing productive uses by all potential buyers. The remaining large properties which can possibly now, or in the future, be subdivideil, rarely sell to individuals for their true underlying value. This is a fact which zoning cannot actually change. 7xming cannot change the fact that smaller properties arc getting larger and larger selling prices. And zoning restrictions are preventing the larger property owners from gaining this same value pro|'urtionately, by artificially forbitlding exactly similar use, density, and selling prices that can be obtained through subdivision. Hiis is clearly unfair to the larger property owners. Another factor is a dramatic change in potential buyers' tastes and desires. The cuneiil two acre minimum zoning was enacted decades ago under very different cirrum.\tanccs. CurrerU buyers are difTerent than those of the l9'/lh. There is a very difTerent emphasis and set of expectations for the buyers of today in coiiipartsun to buyers of many years ago Most buyers row have a much lower expectation of being able to afTord large acreages, low density, and achieve maximum privai v. Cunait buyers art much less willing and able to even anempt to seek these benefits out at the current far greater property prices. Higher pnemg is less tied to acreage size and low density now than was the case in the pash Very amall properties arc now routinely accommodating much larger toul square footage houses than was true in the past (or wlien the current two acre minimum and various hardcover and setbacks rules were adopted in th 1 1970s). A coropanson of Otoiwi'b older and newer homes will make this change obvious. Small, higher density properties with Uttle or no privacy or f.** septrtlion from adloining homes arc now commanding very high prices among these new buyers. Tht current zoning has not and will not alter this occurrancc. The current toning does not acknowledge or deal with this reality. Another factor is that as the land value increi.ses, the new buyers demand proporticmately more eipensive new homes on that land. This has led to the widespread demolition of a great and ever increasing percentage of all lakeahore homes in Orono and the Lake Minnetonka area Many beautiful homes have been lost to this Inevitable desire. Some beautiful and perfectly maintained properties have even been intentionally allowed to fall into disrepair and neglect Uijiwtiiy Iticlr complete destruction and rcpiacanciit by new houses. In order to actually enforce and carry out the current two acre mimmura, the City would have to forbid any re building and/or replacement of the overwhelming miyority of existing homes in these zuning areas. Only a very small hwidful of the currently existing properties possess the required two or more acres of dry land. The City does not truthfully intend to render the overwhelming majority of these valuable exi.sling piopcitics coinpictcly unbuildshle and worthless to fliture owrurri. Does the C!ity intend to prevent all new consiruclion in these neighborhoods? Ihis is certainly nut what has actually been liippcning. This would lead to the great majority of these existing properties being vacant rod uninhabiUhle sub-standard tots every lime anything liappcns tu the exialing houses. Over enough lime, nearly all homes will siifTcr fires, storm n^cct, and eventual functional obsolescence. Stnci application of (he two acre lot miniiiUim would prevail all new or rcplacaDait constniction on the m^ority of properties in (huno and lead to toully vacant, unusable, and wofthlesa properties over time. This clearly was not the intent of the lot size minimum, hardcover, am! setback mniiieiiienls. Ihcse were intended to protect and enhance the property oworni* ei\joymcnl and value, not forbid rod totally destroy it Specifically around Lake Minnetonka, wc have all witnessed many larger p rop erty owners who are very attached to their land and very much wish to sell It intact and undivided, only to find that much mailer adjouiing properties are selling for as much or more than their own larger property. Often sel' ng much faster aial more easily. Hven when a seller manages to find one of the very few buyers who desire and can liTord a larger undivided acreage, the seller rarely reccivc.s the tnie underlying fair value for (heir property. Then some later owner docs subdivide that same property and obtains a wildly higher value for the exact same property. The fact is that over time largo properties usually are subdivided regardless of zoning. Someone always manages to obtain subdivision eventually. Ihis leaves all of the previous sellers who cither did not subdivide, or were fo^idden to subdivide, cheated out of this very significate value of their |>ropcrty. 'Hiis is completely unfair and, in actual fact and result, docs not hold everyone to ihc same zoning requirements and enforcement a.s fairness and equal treatmeni demand In addition, the current requirements were established when only individual sewer septic systems were being used by each and every property in llicsc portions of Orono. Now these areas have installed costly city sewer service (paid by these same property owners based on their specific Int size) to all properties, specifically to prevent the efferts on the liike and groundwater that potential lii^r density would cause or wor' ;n. Unce the city sewer system was luslallcd. it changed die situation dramatically and affected dm juatincalion for Ihc imposition of these old zoning rcquircmcnls. The runolTfroin building roofs, driveways, terraces, and similar hardcover is not the major cause of water quality pn>hlems. Thc.se surfaces do not cunCain or endlessly bleed major pollutants. The major problems are obviously caused by homouwncni who cuntinuously sraolher their homes, lawns, and gardens with evay kind of toxin, pollutant, herbicide, pesticide, and fertilizer known to mankind. One such owner's behavior can easily do far more damage tu the water quality, groundwater, and area residents than huge amounts of clean hardcover ever could, llic aitioiinl of additional natural vegetative filtering that such abusive behavior would roquirc to mitigate is far more than any of the codes provide. There thmild he far less emphasis on lot size, setbacks, and hanicover and far more emphasis on harmful owner behavior I believe the City of Orono should change the 7onmg requiremmis to allow all larger property owners to subdivide to a degree which will match the actual surrounding properties, and in (his way sto|} depriving the larger property owners of their true underlying property value. The City .should change the zoning to prevent (he nearly universal iiced to obtain multiple and extieme variances for any changes tu the overwhelming majority of all P.5 P.fc properties in thete aicas. 'I'he smaller 8ub*standanl profieitics which cuncntly do iKJt meet the two acre minunum are not penalized in any way for tlicif lack of having two acres of high ground, lixeepi having to seek and obtain redundant variances for nearly every single property. Ilitrc is no yrea! value withlicid from those owners when thay sail thair smaller non-«:orjfonning properties. Why should the C'ity persisl in unfairly harming any owners who did not previously divide their properties into smallsr lots? Why should noma individuals now, and in the futuic, be allowed to subdivide while othern aie furhidden from doing exactly the same thing? Over time this la exactly whnt has l)ccn happening. A variance by definition sliould be a deviation from the normal. When nearly all property owners are forced to obtain vatiiutcea over and over, Uie variance bec4Niiea the norm and the City's pur|K)r1ed norm of code fulfillment and cnfofccinent is actuslly the rare exception. Ibis is unreasonable and denies reality. What is gained by such uiucalbtic behavior? If the C'ity is unwilling to re /one or change the zoning, then a clear, detailed, and excenlingly equally apfilicd criteria should be established arid promulgated which will enable the great majority of ixuperty owners to fully Cf\loy and improve tlicir valuable properties, this entena should also facilitate all larger piopcrty owneis easily obtaining variances to subdivide to an extent which will inalrh ihr ai lual .surrounding properties' existing lot sizes, setbacks, hardcover, amt •iriisilii*s Ibis would |)iuvide a fail and equally a|>plied metluMl to allow all of the larger (Koperty owners to enjoy exactly the same degree of jfiopnty uac and value that the surrounding smaller pniperty owners already fully enjoy. If the variances are nut easily given to all larger |iro|)crty owners, then the unfairness crHilinueH. 'Ibe (Nty codes should acknowledge the inxlallutiim of cily sewrr systems ami piiivide the property owners with relief from codes and regulations designed ami ciNiceivnt to ileal %vith multiple septic system runoff which no longer nemrs. Ibc current situation and rrsutling |iroblems arc unfair to property owners larg^ and imall. In addiiicm, the diflerenlly applied (between difTerent imlividuala, difTcient properties, sruJ over time) snd the ever-changing varirtnee critrrta and granting procesa has not treated all owners equally. This has cost some owners very la^ ainomits of money and greatly revrarM other owners over metly the tame subdivision issues. P.7 *lbe larger nwrtrrs who have not previously been causing exactly the problems that zoning is intended to prevent are harmed. While the smaller property owners and currently subdividing owners are disproportionately and greatly enriched fur actually causing these exact same purported problems. This is obviously unfair and should be corrected. Ibc future of ()rono has already been written, the forces of rapidly rising property values, high demand, and changing buyer tastes will increasingly divide the fewer and fewer remnining larger properties until a nntural cxpiilibriuin of market forces is reached. Ibc total number of larger properties will deemase until it exactly matches the current number of individuals willing and able to pay Ihc Inic umlerlying property values. With every increase in value, the number of potential buyers of larger intact properties decreases. Hven a tmpomry shortage of buyers will lead to more subdivision and any later ap|)carance of more willing buyers cannot reverse the previous subdivisions. Larger {irupeity owners cannot be rxjiectcd to forever hold property or suffer great losses on resale when fared with no ready buyers willing to pay the true undivided total value. Owners of sub>standard lots, who are the great majority, als4i should not br. ex|)ectcd to siifTer resale Iom or ruined use due to outdated codes or face variance requirements for every improvement or change to their properties. Subdivision is the natural and inevitable method to utilize each portion of every pnrperty to its highest reascuuibte valiir fur all owners and Oruno residents. Artificially attempting to interfere with and prevent appmpnate use and any respon.se to change will cause endless hardships snd ultimately tail The forces of supply and demand and economic reality will force sudi change upon Orono no matter what is attempted It is not pmper or fair to allow some owners to maxinu/e pro|)cr1y use and value and illogically prevent others from doing exactly the same. It makes no logical sense to allow adjoining property owners to utilize and sell tlieir properties so differenlly. Why shcmld the smaller protxutics be allowed to cau.se all the disadvantages that the zoning reqiiiremrrns exist to prevent, while the larger profierty owners are severely penalized tor having so far ptcvciited those same disadvantages from taking place on their own prupeity? Why ihould existing hardcover, runoff, density, etc. be so tolerated on smaller properties, but any exactly similar new property use which causes exactly these same situations, to die ame degree, he so forbidden to the f.& lirgcr property owners* sole and great iiiunctuiy loss? Even if some ownew are, at limes, unfairly prevented from maximizing Uieii use and value, some later owner will surely do so. Economic forces will eventually prevail and make this change reality. So why penalize only the current property owners? llie City will do all property owners and residents a great favor to acknowtedge reality and Uic inevitability of economic forces which will cause certain change. I1te City should work to optimally guide this change, rather thait attempt to deny and prevent it with oitificial and failing zoning requirements. The ('ify should strive to facilitate all property owners attempting to reasonably maximize their value and use of their piopc^rtics and should modify City ccNks to reflect reality. 1 favor the granting of the li>l size variance to the owners of the 1070 property. Tho owners arc not proposing any subdivi.sion, only tlie ability Co rebuild a single house where a house had already been, and rebuild on exactly the same lot as before. The 1070 fHoprrty actually has much more dry land than many (most) of the surrounding properties. Ihc previous Ixjwry home was adet)ualcly spaced iTom the aunroitnding homes, with grrnlcr se|ieratioii from the larger properties u» the east TTii* will lie maiiiCainetl under the proposer! plan Ihe building plans appear to pn>posc a very attractive and appropriate house on the site. The 1070 property luis city scwci service wliich did not exist when the two acre minimum and various setbacks wcic impo.sed many years ago. Ihc pro|XJrty mljoiiiing immcilialcly to the west of 1070 is on a much smaller ti>Ul di7 land area than the protrosed 1070 plan. The proposed plan does not appear to adv-raely alfect the previous sc|icfation and spacing from the property lo the west The property to the vwrst should not sufTcr any ill alTects. Tha property iiiunediatcly across the street, to the south, has had a dramatic hardcover rctiuction in IWH from the complete removal of the former Skarp home and nssoemted hardciivcr. Tluit pio|)rrty is in the pfoccss of lidng absorbed into the two sepemte adjoining properties on either side of the Former Skarp pniperty. Tbe result will he decreased demiity lo the sou*h of 1070. Ilus also ctianges tlie situation Irom thirty some years ago when Uic two acre minimum vms enacted. Hie protected marsh immediately to the north of and adjoining the 1070 property provides a very obvious limit to the future density of development that can possibly occur in this area. Tliat open space far exceeds the intended effect of the two acre minimum. This alone should cause the City la view the application of the two acre minimum differently (as less necessary) when applied to any properties surrounding this large protected open land which provides tremendous filtering capacity for any runoff and provides an obvious total lack of any nearby hardcover on this marsh land. The owner of the 1070 properly should be allowed to utilize that property lo the maximum compatible and similar value that all of the arca'.s smaller properties are already fully enjoying. The profKwcd 1070 use is very compatible with and similar to the current use and density of the great majority of surrounding |iropcrtics fhis use as proposed slxiuld not harm anyone or cause any problems. I hope this variance will be granted and look forward lo the new addition of a 1070 house lo our neighborhood Ibis will be an obvious liencfit to all of Ihc surrounding property owners who will l*nefit from this additional investment in and improvement lo the 1070 property. This continuing use as a single family residential property (with exactly the same lot dimensions and dry surface) is the higliest compatible use of. and value of the 1070 pruperty. Thank you fur the uj»^x)rtumly lo express my views on this variance request. Sincerely, Robert Floyd r. 10 j ••• • • 6 • ------DX '__Jr --------— •* A^ • • • * • . * ^ . WYfc »35 a 434 / r.r ■ • // 4fLz /-PAVE SHOULDER ty PLACE^CL.5 AGGREGATE BASE ' ^ 100% CRUSHED .......................... 1 * •• •* • i| • 'iWs- r REQUEST FOR COUNCIL ACTION COliMrii mpftING APR 1 2 ?004 CITY OF 0R0.\0 DATE: April 9,2004 ITEM NO.: // Department Approval: . Name Michael P. Gaffron Title Planning Director 7 Administrator Reviewed:Agenda Section: Zoning Item Description: 2004 Joint Use Dock Licenses (Renewals): Big Island, Inc.Bohn's Point/Noith Shore Homeowners Walters Port Association Forest Aims Homeowners Assoc.Foxhill Homeowneis Association Victoria Estates Carlson/Nelson/Gage Pheasant Lawn Homeowners Assn. Kelly Cove Homeowners Association Big Island Vets Camp List of Exhibits A • City Map of Joint Dock Locations B - Resolutions C • 2004 Applications We are in receipt often of eleven renewal joint use dock license applications for the 11 existing joint docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. Within the past year there have been no complaints regarding any of these joint use docks. We have not yet received a 2004 applications from the Minnetonka Power Squadron (probably due to officer turnover). This will be presented to Council for approval when it is received. Staff recommends approval of 2004 joint use dock licenses for each of these ten applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2004 to each of the applicants. Proposed Motion: Moved by __, seconded by __, to adopt Resolutions ____through ____, directing staff to issue joint use dock licenses to Big Island Inc., Forest Arms HA, Carlson/Nelson/Gage, Bohns Point/North Shore Homeowners, Fox Hill HA, Wallers Port Maintenance and Improvement Association, Victoria Estates, Kelly Cove HA, Pheasant Lawn HA, and Big Island Vets Camp for the period of January I, 2004 to December 31,2004. RESOLUTION DIRECTING STAFF TO ISSUE JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2004 TO DECEMBER 31, 2004 WHEREAS, the City of Orono, hereinaller "City" is a municipal corporation organized and existing under tlic laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over tlic primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Mimiesota; and W1! Ii)RE AS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Mimietonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Mimietonka has the right to use the entire surface area of Lake Mimietonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Tliis mutual right of enjoyment which is shared by riparian owners .and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake arc regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 i 1 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities arc used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and conc^s and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ^2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _ day of ,2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota murucipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 . 1 JL_, F CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE UCENSEE: Big Island. Inc. Dock Address: Big Island, Record Lots #12 and 19 (520/530 Big Island) Agent: Tom Wolfe i Address: 122 Second Street, Excelsior, MN 55331 Licensee is:unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group XX incorporated club or recreation group other License Period - January 1,2004 to December 31,2004 n.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Lower Lake 15 **Per Resolution No. 3<X)6, occasional overnight camping allowed. 1 i i ■dlfel Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, li As or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section S.42 Subdivision 2 of the Orono Municipal Code. m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and tqjproval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to Aill compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Licensee shall comply with all requirements of City of Orono Resolution No. 3006. 2. The maximum allowed boat density per Resolution No. 3006 is 1S total slips. Any increase above this number of slips shall be subject to licensee first obtaining Conditional Use Permit ^proval from the City. The number of slips licensed for the current license period is 14 . V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. VL STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. I mum 1 Iffiia r CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 RECEIVED MAR 1 2004 CrTYQLflBQEa LICENSE YEAR 2004 CITY USE ONLY Date Form Mailed to LIcaniee /•?''» --o V Date Application Returned to City _____ Fee RKelved S___________By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94*37 Section 94*37(a). LICENSE REQUIRED - "It is unlawful for any (group or I usociation of persons or families, more than two in number, whether incorporated or not) to engage or participate in... Joint use (of any lakeshore property) without first havin^obtalne^anjnnuanicensMJnmthe^itjr/^_^_^^^^^^ Please complete all Items and submit signed application, required attachmeots, and license application fee to the City Cierk by March 1 of the license year. 1. ASSOCIATION INFORMATION 1. Association title or name (if any) Lake t “Kw k »2. 3. ^ Ly\r.. _ Bay J_^OvJ<f L-kk^ Person responsible for this application; Name *"TTv»^ LOel'ft.______Phone Mailing Address Sec^J 5f ^ ^ A)/\i Relationship to association _____1 ft if'} t ^-L______________________________ 4.Association is (check applicable items): ___ unincorporated homeowner's group.unincorporated club or recreation group. incorporated Homeowner's Association. incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): ____provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. provide a club or association gathenng place for activities. Dock is located on (check applicable item): ___orie member's private property. _____ property leased by the group/association. casement or outlet owned in common. property owned by the group/association. Page 1 of 4 . ! i ; i !i ilte 7. 8. 9. 10. List Dock location and ownership information; Street address Lq45 IX *l/' I ^ Legal property description Si,I AILAm.JI A_____________ PID# Listed property owner(s) Xhc . fo m /ov s03i Names/addresses of abutting lakeshore property owners; fNoith/Westl __________________ fSouth/Eastl a/a Names/addresses of other affected property owners (attach sheet if necessary); ______________ A/A- Insurance Coverage - The jointly used dock is insured by one of the following; __property owner's homeowner’s policy. separate group/association owned policy. Name of insured_ Name of insurance carrier .1 jge »» *- /.AlName of insurance agency ^ L^rg6t^ TTnd , _______ Policy No. Effective date of coverage (#/ja/o< (//jk^/qi/ Amount of coverage; Public liability, per person, per occurrence $ /, ’ Public liability, per occurrence $ I CJITD COn>______ Security and policing of the jointly used dock and property is provided by (check applicable items): fencing ____ security lighting ____property owner's presence contract security service .X other (specify) < ILJ3 11. >CK INFORMATION List Dock Use Area Specifications: < !' Width of shoreline; ft. Length of main dock firom shore; Dock setbacks fiom side property lines at shore;_________ft. and ft. ft. 12. Do^ Construction (check applicable items): ^ seasonal dock ^relocated or reolaced iseasonal dock (relocated or replaced each year) permanent piling with seasonal deck ____ permanent piling and decking X wooden decking metal decking Page 2 of 4 . I »i 13. List Dock Accessories: . . i V Number of fire extinguishers available at the dock / aT Number of life preservers available at the dock_____c_______________ 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys______ Permanent moorage slips__________ Permanent moorage off-shore buoys_____ Dry storage (rack) slips__________ Maximum number of boais at the dock /*•/ 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. aj A spaces. ni. EROSION AND SEDIMENTATION CONTROL 16. 17. Shoreline is protected by (check applicable items): ___stone rip rap ____wood se^all ____metal seawall ____concrete seawall ___grass and vegetation only X other (specify) e jtykHiL. Depth of water at shoreline: I ft; at 50 ft. out: ^ : at 100 ft. out: / REQUIRED ATTACHMENTS The following must accompany this replication: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions arc intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is notreouired if the applicant initials and ceitines the following statement: "This is a renewal applicauon and our joint use dock ia to be operated under die same by-laws or agreement originally made in (state year) and on file with the City.” ApplicaiU'sinitiids Page 3 of 4 , I ...........iffcltiiffiiliiiii mmAiim c.INCORPORATED CLUBS OR ASSOCIATIONS /^AcL^J B A list of the names, mailing addresses and titles of all corporation officers.1. 2. 3. A statement as to the total number of members in the club or association. 3q members A certified copy of the articles of incorporation and by-laws of the corporation. Note: Thesf copies are not reouired if the applicant initials and certifies the following sutement "This is a renewal application and our jointuse dock is to be operated uider the same articles of incorporation and/or by-laws as originally made or last amended in (stote year) and on file with the City." D. ANNUAL LICENSE FEE - ALL APPLICATIONS i^iplicanfs initials 20.00 Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) $________________ RENEWAL JOINT USE FEE, per year $ PLUS SUP FEE for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each $__ LATE FEE ($25.00) if application returned after 3/1/04 $__ TOTAL DUE THIS APPLICATION S he. LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes from prior licenses, also by the Planning Commission and/or a specially appointed Marina Committee. The Council will take action on the application after complete review. THE SL-BJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorities the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Page 4 of 4 • • EXHIBIT B• • • • . . . ■ ALL CORPORATION OmCERS NAMES, MAILING ADDRESSES AND TITLES* / bindr-Bettfr. President, P.O. Box 188, Excelsior, MN 55331 ' 1 i v»m>irx> ■ l c ■Joe Qwlwr, Vice President, P.O. Box 188, Excelsior, MN 55331 Brian Tlchy, Treasurer, P.O. Box 188, Excelsior, MN 55331 ^ • • Mark Scholle, Secretary, P.O. Box 188, Excelsior, MN 55331 t • • • I ***» ~ - i< I I I rdiiiMei I . H t t$ 9 * i * • • • « . . . ..• • • • • •• • • • « t . K 9 9 ♦ . • • • • f ; . • I RESOLUTIOM U3006 exhibit a • • * < , A.11 that 5*and'6"ln™See^ion 22^■TounJhip''*^I* i|ia"rfnTrV./A,^;“S:;.T=-n.h.p u,. Ran,.^ Kenn«pin County, Minnesota. . ’• ^ ' t*?." mS^t Srcthw'a.VarlV cc^r^7r^'r2irrtf tM Rearrangement of Lot 1 Kitchei s 5 ^iAot\'%lA ct «c«d'in th. tfM« o£ tha county R.cordar, Hennepin County,- Minnesota. • . 9 , t 9 • • • ..» •• • • ••• • • • 99 • • • •, ir rRQM : LMCC FAX NO. : 7459065 SLIP SUP. nnPouT MAItlNA ; Slip No -r / ! 2-. Nov. 06 2001 04:12PM P2 PACIl No. •■ DATIl Olmenslony jjty^o / y ^ Ho IJ.S.U. z-r Slip No Hi nieniiioni u.s.u.sup NO nimpns.i OM.H W.S.U. y ©V- *1^5 \rs Isi 11 ^ 7^^IS ///•5 zo /o' 2® ■m- C)t. T? r/0 r// (z f/3 ris: /^ 2 o / f O V // 2V LLJLIlL ■iz. sz. ' 3^ /.5 /.5 /h 3Z.> Z2- ^ 32. 1 r. .5r 4- 4''''T^>.vi2sCg Pio-S 4/87 1.MCD -x'/W^ Xi|3|i ue|jg«>spi»uis a:(i«i njBi innoaAtg 0616 CCS C9^^TrTTtoToiTrT RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2004 TO DECEMBER 31,2004 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and tlie City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if imregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any ripariar owner may have over the public generally is to construct one dock to the navigable depth of the public waters. The re can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 4i I \r WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of ^e limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and nisin*)iined by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant u .Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .,2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. r LL CITY OF ORONO EXmSIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE LICENSEE: Forest Arms Country Club Addition Homeowners Association, Inc. Dock Address: 4245 Forest Lake Drive Agent: Jerry LeMire Address: 4205 Forest Lake Drive, Mound, MN 55364 Licensee is:unincorporated homeowner’s group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group __ other License Period - January 1,2004 to December 31,2004 n.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total; Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Forest Lake 0 0 -H same -ii 1 i i \ Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. W. SPECIAL CONDITIONS required for compliance with the ordinance ofthe City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. will pennit a maximum of 14 slips. The City will approve 14 slips for this license year based on the number of developed interior lots within the subject plat. V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. •• -1 4 -------^ , ilk'll CITYOFORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YE>KS9ilKieo rpn crrvusEONLY cnYo T' Date Form Mailed to Liccnsct f • -OV Date Application Returned to City Fee Received S____________By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 Section 94-37(a). LICENSE REQUIRED - "It If unlawful for any (group or aisodation of penoni or famiUeii more than two in number, whether incorporated or not) to engage or participate in... Joint uie (of any lakeshore property) without first havtna obtained an annual licenoe from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. 1. ASSOCIATION INFORMATION 1 . Association title or name (if any) ^lu CLu(! (U\Utr,-.^ Lake _____________Bay____________ '2. 3. 4. Person responsible for this application; Name Lt^ Phone H '? ________________ Mailing Address ^ /)t- Relationship to association /i> s ^ /)r, /c ^_____________________ Association is (check applicable items): ____ unincorporated homeowner’s group. unincorporated club or recreation group, incorporated Homeowner's Association. ___incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. 6.Dock is located on (check applicable item): ___one member's private property. V property leased by the group/association. easement or outlot owned in common. property owned by the group/association. Page 1 of4 k < .I MiitAc r 7.List Dock location and ownership information: Street address LiKlCf> A flC*?Legal property description PID#_________Cj 1 ‘ in'- - (0C}7M I t'Z. hfii'esfAtfuCC Listed property owner(8) t 8.Names/addresses of abutting lakeshore property owners: (NorthAVest) f)\^ (South/EasO ^7r7.<r f ( ( 9. Names/addresses of other affected property owners (attach sheet if necessary): Insurance Coverage - The jointly used dock is insured by one of the following: __ property owner's homeowner's policy. **^eparate group/association owned policy. Name of insured (!/uA Name of insurance carrier 6ti^d tfUrtuii Name of inst^ce ai^cy poKn._________________________________ Policy No. QJv Effective date of co^age ^ 'l-'XSf-dS -thuj • Amount of coverage: Public liability, per person, per occurrence S /, OW, OlfV Public liability, per occunence $ pohnSotC^ KPA^/a/f) X'NS WlftL 10.Security and policing of the jointly used dock and property is provided by (check applicable itc^): fencing V. security lighting SA property owner’s presence contract security service ____other (specify) _______________ 11. DOCK INFORMATION 11.List Dock Use Area Specifications: Width of shoreline: i?.2.o ft. Ungth of main dock from shore: Dock setbacks from side property lines at shore: l>r> ft. and 3a ft. ft. 12.Dock Construction (check applicable items): ^ seasonal dock (relocated or replaced each year) ------permanent piling with seasonal deck_____permanent piling and decking Vf wooden decking metal decking Page2of4 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock __ H 1 4. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys __ Permanent moorage slips /M Permanent moorage off-shore buoys _ Dry storage (rack) slips__________ Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. spaces. m. EROSION AND SEDIMENTATION CONTROI 16. Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall____metal seawall >r grass and vegetation only other (specify) concrete seawall 17. Depth ofwater at shoreline: n» ft: at 50 ft. out: '3' : at 100 ft. out: ^ft REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and cenifies the following statement; "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement ongmally made in (state year) and on file with the City." (ALu Applicant's initials Page 3 of 4 S { I r C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2.nA statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be oper^d jander the same articles of incorporation and/or by-laws as originally made or last amended in/(state year) and on file with the City." ________Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy, m slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/04 $ $20.00 $ $ TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes from prior licenses, also by the Planning Commission and/or a specially appointed Marina Committee. 1 ne Council will take action on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable tinieto perform safety and code compliance inspections. Signed Date .3 Page 4 of 4 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONKAWA ROAD, 500 TONKAWA ROAD AND 550 TONKA WA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. scq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the pnmary harbor limit of the City of Orono with the Lake Mimietonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property ri^ts of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to constmet one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common w ith all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 Ji r ] CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Property owners of 460,500 and SSO Tonkawa Road Dock Address: SOO Tonkawa Road Agent: c/o Christine Schmidt Address: Tonkawa, Inc., 301 Carlson Parkway, Suite 275, Minnetonka, MN 55305 Licensee is:_ unincorporated homeowner ’s group __ incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group X other ____not applicable License Period - January 1,2004 to December 31,2004 n.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Stubbs Bay 8 _8 0 9 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of foe Orono Municipal Code. jm Exhibit A Resolution No.. Page 2 DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The eight tq>proved slips are for the exclusive private use of the property owners at 460 Tonkawa Road (Gage), SOO Tonkawa Road (Nelson) and 550 Tonkawa Road (Carlson). V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. J f RECEIVED CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 FEB 2 6 20C4 CJTYOFOR LICENSE YEAR 2004 •jk’r* CITY USE ONLY Datt Form Mailed to Licensee Date Application Returned to City Fee Received S By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 Section 94-37(a). LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained an annual license from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. I. ASSOCIATION INFORMATION 1 . Association title or name (if any) Carlson. Nelson and Cage Families Lake Minnetonka__________________Bay Stubbs___________________2. 3.Person responsible for this application: Name Christine Schmidt Phone 952-404-5606 4. Mailing Address Tonkawa. 301 Carlson Parkway, Suite 275. Minnetonka, MN 5 53^5 Relationship to association Director of Family Services - Tonkawa ___________ Association is (check applicable items): N/A unincorporated homeowner's group. ___unincorporated club or recreation group. ___incorporated Homeowner's Association. ___ incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): 5___provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. 6.Dock is located on (check ^plicablc item): ^__one member's private property. ___easement or outlet owned in common. property leased by the group/association, property owned by the group/association. Page 1 of 4 I .I .1 9 I t'.i •♦I c 7. 8. 10. List Dock location and ownership information: Street address 500 Tonkawa Road Legal property description NS 1/4 - SW 1/4, Section 5, Township 117, Range 23 PID# ______________________________________________________________ Listed property owner(s) Dr. Glen D. and Marilyn C. Nelson_______________ Names/addresses of abutting lakeshore property owners: (North/WestlMr. 6 Mrs. Edwin C. Cage, 460 Tonkawa Road, Long Lake, MN 5! rs^^tith/Fasrt Mrs. Curtis L. Carlson, 550 Tonkawa Road, Lo<ng Lake, MN 55356 Names/addresses of other affected property owners (attach sheet if necessary): None 9. Insurance Coverage - The jointly used dock is insured by one of the following: X property owner's homeowner's policy. __separate group/association owned policy. Name of insitred Dr. Clen D. and Mrs. Marilyn C. Nelson______________ Name of insurance carrier Chubb I ndemnity Insurance Co._______________ Name of insurance agency March inr_________________________________ Policy No. 12451450-08_______ Effective date of coverage 6/23/03 to 6/22/04 Amount of coverage: Public liability, per person, per occurrence $_ Public liability, per occurrence $ Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing x security lifting x property owner’s presence ___contract security service_____other (specify) Note; Dr. Nelson's shoreline is 396'; the combined shorelmej adding Mrs. Carlson's & Cage's is 1,242' 356 11. DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: 296 ft. Length of main dock from shore: 95 ft. andDock setbacks from side property lines at shcre: ft. ft. 12.Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking X wooden decking ____metal decking Page 2 of4 F 13. List Dock Accessories: Number of fire extinguishers available at the dock boats are equipped with extinguisher^ Number of life preservers available at the dock boats S storage shed contain adequate life preservers 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips a Transient (day use) off-shore buoys 0 Permanent moorage slips______0 Permanent moorage off-shore buoys 0 Dry storage (rack) slips_______^ Maximum number of boats at the dock . 8 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. _______spaces. 111. EROSION AND SEDIMENTATION CONTROIla 16.Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____metal seawall concrete seawall X grass and vegetation only other (specify) 17. Depth of water at shoreline: 1/2 ft: at 50 ft. out: 6* ; at 100 ft. out: 18* REQUIRED ATTACHMENTS The following must accompany this ^plication: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. •m B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: ''This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement origina lly maa<> ia (sute year) and on file with the City." Applicant's initials Page 3 of 4 L c.INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies ve not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of mcoiporation and/or by-laws as originally made or last amended in_______(state year) and on file with the City.” _____________i^licanfs initials D.ANNUAL LICENSE FEE ■ ALL APPLTCATIDN.S Joint Use Dock License Application Fee according to the current City Fee Schedule INTTIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each S S 20.00 LATE FEE ($25.00) if application returned after 3/1/04 TOTAL DUE THIS APPLICATION $ S 16.00 36.00 LATE FEE • Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of S2S QQ. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes from prior licenses, also by the Planning Commission and/or a specially appointed Marina Committee. The Council will take action on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicaiu nereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Date I RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, AND 1406 BOHN’S POINT ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2004 TO DECEMBER 31, 2004 WHEREAS, the City of Orono, hereinafter "City” is a municipal corporation organized and existing under the lawo of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the luud within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including these who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Miimetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Mirmetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 il ft This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is ct^iable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section S.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ^2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 . I CITY OF ORONO EXHIBIT A RESOLUTION NO. CONOmONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohns Point Road Dock Address: 3155 North Shore Drive Agent: Emily Chapman Address: 1406 Bohns Point Road, Wayzata, MN 55391 i Licensee is: XX unincorporated homeowner's group ___ incorporated homeowner’s association ____unincorporated club or recreation group ____incorporated club or recreation group other License Period - January 1,2004 to December 31,2004 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Crystal -0 _Q _3 ja -2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono ni ( Municipal Code. Exhibit A Resolution No._ Page 2 DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to com- ly with these conditions is cause for license revocation and/or prosecution by the City. V. This license is granted subject to the findings and conditions set forth in Resolution #1212 of the City council, summarized as follows: The three properties to which this Joint Use Dock License is granted are described as follows: i)(P.I.D. #09-117-23 33 0001) "That part of Gov’t Lot 1 lying East of the West 442.93 feet thereof and North of the South 1058.3 feet thereof and S-outh of Registered Land Survey No 269" (3155 North Shore Drive - Mandel) (P.I.D. #09-117-23 33 0015) "Tract I and the West 28.5 feet of Tract H, Registered Land Survey No. 269" (1406 Bohn's Point Road - Chapman) iii) (P.I.D. #09-117-23 33 0016) "Tract G and that part of Tract H lying East of the West 28.5 feet thereof. Registered Land Survey No. 269" (3185 North Shore Drive - Aanestad) There shall be only one dock allowed on the Mandel lot (P.I.D. 09-117-23 33 0001) which dock shall be no greater than 100 feet in length, and which dock must be constmeted in accordance with all iqjplicable City and LMCD ordinances, and which dock is intended to serve only the owners and their successors of the 3 properties described in a) above. On tne Mandel lot (P.I.D. 09-117-23 33 0001) either attached to the dock, moored in front of the lot or located on the lot, there may nnt be at any time more than three watercraft, as defined by the LMCD, either docked, moored, or stored. The three watercraft allowed may be owned only by the owners of the properties described in a) above. Nothing in this license shall confer upon any person for the benefit of any property ,*ny vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary &om time to time in the public interest L JW- CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2004 CITY USE ONLY Date Form Malted to Liccniet / */ Dttc App! ^turned to City_________ Fc« Receive _____ By Employee, RECEIVEDANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 Section 94-37(a). LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... Joint use (of any lakeshorc property) without first having obtained an annual license from the City." “BITY OF ORONO Please complete all Items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. 1. ASSOCIATION INFORMATION 1. Association title or name (if any) Lake f.*—^ -2. 3.Person responsible for this application: Name Phone Bay -^5 f/b Mailing Address l3oU.„^ PaC^jr i2-J — Relationship to association 4.Association is (check applicable items): __^ unincorporated homeowner's group. ____incorporated Homeowner's Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): V provide boat mooring and lake access for residential property. ___ provide swimming access, beach, or offshore dock. _____provide a club or association gathering place for activities. 6.Dock is located on (check applicable item): ^ one member's private property. easement or outlot owned in common. property leased by the group/association, property owned by the group/associatjon. Page 1 of 4 !lll 7. 8. List Dock location and ownership information: Street address_____ Legal property description _____________ PID#______ocx>} Listed property owner(s)i Names/addresses of abutting lakeshore property owners: yjL.^ to CKrhU- f^Suth/Easrt j- Nmes/addresses of other affected DTonertv own( L Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: ^ property owner's homeowner's policy. __separate group/association owned policy. Name of uisured Name of insurance carrier Name of insurance agency Policy No. Ant! cJ^ Jtj. ective date of coverage 3- f Amount of coverage: Public liability, per person, per occurrence S Public liability, per occurrence 10. Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____security lighting V property owner ’s presence contract security service other (specify) 11. DOCK INFORMATION 1 1 . List Dock Use Area Specifications: Width of shoreline: /3 t> ft. Length of main dock from shore: ft. Dock setbacks from side property lines at shore: '^lo ft. and 'u/ft. 12. Dock Construction (check applicable items): y seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking Y_wooden decking metal decking Page 2 of 4 ! i ?//-<■ '• " ‘' leet if necessary): ; of the following: up/association owned policy. '^8® 2-?-ft ence S .^'ro nr>r> ~ ' S ^'t>a Af>n_______ 5 provided by (check applicable owner's presence • 1 om shore: ft. _ ft and -V- /1-0 ft. nent piling and decking f I i t 13. List Dock Accessories: Number of fire extinguishers available at the dock *- Number of life preservers available at the dock v- 14.List number of slips in each category ("slips*' includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys Permanent moorage slips S_____ Permanent moorage off-shore buoys Dry storage (rack) slips___________ Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. ___^ spaces. Ill, EROSION AND SEDIMENTATION CONTWOT 16.Shoreline is protected by (check applicable items): stone rip rap ___wood seawall ____metal seawall ____concrete seawall 'f- grass and vegetation only other (specify) Depth of water at shoreline: b ft; at 50 ft. out: 5^ : at 100 ft. out: -v ^ REQUIRED ATTACHMENTS The following must accompany this application: A.BQ.C.K PL^ - ALL applications a dock plan, drawn to scale, showing the shoreline width of ftiis property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users.^ 2. A certified copy of the by-laws or agreement for joint use. Note. This copy « notreomred if the applicant initiaU and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originaUy made in ' (state year) and on file with the City." ---------- Applicant's initials Page 3 of 4 '3 r C. INCORPORATED CLUBS OR ASSOCIATIONS 1 . A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. ____members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: “This is a renewal application and our joint use dock to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________(state year) and on file with the City." _______________.^jpUcanfs initials D. ANNUAL LICENSE FEE ■ ALL APPLICATION.S 20.00 Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE (S50.00) $ RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. 3 slips (g 2.00 each LATE FEE ($25 .00) if application returned after 3/1/04 TOTAL DUE THIS APPLICATION $ </ $ S //•f?D 2.5'-ab LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes frc. - prior licenses, also by the Planning Commission and/or a specially appointed Marina Committ/ .e. The Council will take action on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees arid authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance insp “ctions. Signed Date Page 4 of 4 L RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2004 TO DECEMBER 31,2004 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare ofthecitizenjof the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Depaitment of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the propwty rights of the riparian owners both as to residential owners and the commercial marina owntrs to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka ha.s the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 I 1 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth ihe above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004. ATTEST: Linda S. Vce, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknov'ledged before me on this day of .,2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 . 1 mail CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: E. Leo Bullock, Dockmaster Address: 1160 Heritage Lane, Wayzata,MN SS391 Licensee is:X_unincorporated homeowner’s group __ incorporated homeowner's association __ unincorpor ited club or recreation group __ incorporated club or recreation group __ other License Period - January 1,2004 to December 31,2004 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolutic 938, in no case shall the number of authc.ized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Smith's -1^ 16 16 (Only naving for 13) «1 m Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to ftill compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1 . The maximum number of slips or moorings to be licensed in the future shall not exceed 16 provided that for any given year, the license shall be issued for no more than 1 boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the I2th day of June, 1979. 2.Winter storage of dock parts and sections shall be permitted on Outlot #1 between the time the dock is removed fix>m the lake in the fall and June 1st of the following year. V. Nothing in this license shall confer upon any person for the benefit of any property any vested ri^t to use Lake Muuietonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. * I CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2004 CITY USE ONLY D kM Form Moiled to LIcmism ----- Dau AppUeadoD Retumtd to City FeeRmelved$ »y Employee A T^i r yniNT TTRF POCK LTCENSE APPHCATlQ£i Pursuant to Orono Municipal Code Section 94-37 ^ Mt)to engage or participato in Joint use (of any lakeshore property) without (Irs h^M^^B^^njanu^U^^IromtheCi^ ------------- ' — rieue complete >U Hems epd mbmlt ol,neil appUeottop, requlr«l .tuehmeota, and lieepK app,lead..tee^ ^ f association information ^ 1. 2. 3. Association title or iiame (if any) /yU/ine'fv^ ^ Bay J/^O //gr-Vny. Relationship to association ^ ^ ------------------------------------ 4.Association is (check applicable items). X unincotponited homcownePs group, incorporated Homeowner’s Association. 5.Principal puipose of joint use dock is (check applicable items): <X provide boat mooring and lake access for residential property, provide swimming access, beach, or offshore dock. unincorporated club or recreation group, incorporated club or recreation group. / provide a club or association gatiiering place for activities. 6.Dock is located on (check applicable item): one member's private property. X* easement or outlet owned in common. property leased by the group/association, property owned by the group/association. Page 1 of* I I 7.List Dock locationownership information: Street address LiCgal property description PID# ______________ Listed property owner(s)FOxAtH ai 8.Names/addresses of abutting lakeshore property owners: rNorth/WesQ ----------------------------------------------- fSouth/Eastl Names/addresses of other affected property owners (attach sheet if necessary): 9.Insurance Coverage - The jointly used dock is insured by one of the following: y property owner's homeowner's policy. A separate group/association owned policy. Name of insured Name of insurance carrier \S Op t ^ Name of insurance agency f/] ^—7 Policy No. Z- Effective date of coverage 03/1/^1 ________ Amount of coverage: Public liabiuty, per person, per occurrence $ fj o t>0 , t»0 --------- Public liability, per occurrence S/. , ood _____ 10. Security and policing of the jointly used dock and property is provided by (check applicable items): ____fencing _____security lighting _____property owner's presence contract secunty service other (specify) II. DOCKl [ATION 11. List Dock Use Area Specifications: Width of shoreline: '2^3.SL ft. Length ofmain dock from shore: / / ^ _ ft Dock setbacks from side property lines at shore: VP ft and o ft 12. Dock Construction (check applicable items): A seasonal dock (relocated or replaced each year) ____permanent piling with season^ deck _____permanent piling and decking wooden decking metal decking Page 2 of 4 . 1 j I i € 0 ai &i( ‘">1 set if necessary): of tire following: ip/association owned policy. - C/.V3V ^ gtf 6 V 7 age ’ 03 / snce % tf O 60, ix>o ______ S /> coo ( _____ I prorided by (check applicable owner's presence :om shore: / / Z- ft. ft. and “S-Sd ft. meat piling and decking 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock_ ON 0/0 List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) ojEf-shore buoys . Permanent moorage slips /(P Permanent moorage off-shore buoys _ Dry storage (rack) slips Maximum number of boats at the dock / 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. _______ spaces. III. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check ^plicrble items): ^ stone rip rap wood seawall metal seawall concrete seawall grass and vegetation only other (specify) 17. .Depth of water at shoreline:ft; at 50 ft. out:: at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this ^plication: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline ' idth of this property, the side property lines and the location, layout and dimensions of all Jocks, slips and buoys. If off-street paridng, dry storage or o A ct on-Iand functions are intended, these also should be shown on the plan. B. UNINCQRPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. Acertifiedcopyoftheby-lawsoragreementforjointuse.Note: This copy is not require d if die applicant initials and ceitifles the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made m______ (state year) and on file with the City." __Applicants initials Page 3 of 4 i 1 i c.TMrnWPQRATED CLUBS ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers, 2. A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation Note: These copies tie not rcauired if the ipplicant initials and certifies the following statenwnt: This is a renewal application and our joint use dock is to be operated under the same articles of mcoiporanon and/or by-laws as originally made or last amended in________(state year) and on file with the _____________Applicant's initials D.ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the ' trrent City Fee Schedule INfTIAL APPUCATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PT .TIR SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. !3 slips @ 2.00 each LATE FEE ($25.00) if qtplication returned after 3/1/04 $ $20.00 $ $ TOTAL DUE THIS APPLICATION I.ATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. Th?£jty shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. DF.VTRW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes from prior licenses, also by the Planning Commission and/or a specially appointed Marina Committee. The Council will take action on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date SSL, < RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO KELLY COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2004 TO DECEMBER 31,2004 WHEREAS, the City of Orono, hereinafter "City" is a municipal coiporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare ofthc citizens of the City and other members of the public within the City; and WHEREAS, tlie City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights ofthc riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian ow ners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these ri^ts; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of 2 i I r IA WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities aie used and maintained by three or more families, which regulations include the aiuiual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the piupose cf this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an ^plication for an atmual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this day of _, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO.i CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Kelly Ce ve Homeowners Association of Orono Dock Address: 2497-2503 Kelly Avenue (Outlot A, Kelly Cove) Agent: Austin H. Evans, President Addiess: 2497 Kelly Avenue, Excelsior, MN 55331 Licensee is:unincorporated homeowner's group X incorporated homeowner's association ___ unincorporated club or recreation group ___ incorporated club or recreation group ___ other License Period - January 1,2004 to December 31,2004 U.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman % I Exhibit A Resolution No., Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Sevtion 5.42 Subdivision 2 of the Orono Municipal Code. m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Licensee shall comply with all conditions and requirements of City of Orono Resolution No. 4279. 2.The maximum allowed boat density per Resolution No. 4279 is 4 total slips. Any increase above this number of slips is prohibited. The number of slips licensed for the current license period is V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetorka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. VI. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2004 CITY USE ONLY Date Form Mailed to Licensee -O^ Date Application Returned to City________ Fee Received S____________By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 Section 94-37(a). LICENSE kEOUlRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakcshore property) without first having obtained an annual license from the City." Please complete all items and submit signed application, reqnired attachments, and license application fee to the City Clerk by March 1 of the license year. I. ASSOCIATION INFORMATION I. Association title or name (if any) eovcr ^ssooprijv pp fAono Lake __________Bay ______________________ Person responsible for this application; Nan 3 Autr/A/ N- iTv A ai S______Phone Uh - ____________ 2. 3. Mailing Address ^ A)i^nuCj iTitCuliioR MN Relationship to association_____PRlF^ I !b €N“f'___________________ 4.Association is (check applicable items): unincorporated homeowner's group, incorporated Homeowner's Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property, provide swimming access, beach, or offshore dock, provide a club or association gathering place for activities. 6.Dock is located on (check i^plicable item): ____one member's private property. ^ easement or outlet owned in common. property leased by the group/association, property owned by the group/association. Page 1 of 4 I .i i H 7. 8. List Dock location and ownership information; Street address /ttfixV A-\nfHu£. JF%c MN Legal property description 6t/TL0T /)* Ki;LL.^\ C.o\/if_____________ PID# iSo-z/yD-s costs'___________________ Listed property owner(8) AuiTtn SyLvi^ /i/rJl7j9-^^ac/Oj___________ •ftMorffy THcell'J /Cc-Ui'A/ V/fO Names/addresses of abutting lakeshors property owners: fNorthAVfsn f/tT Kh/OtKffU____________________________________ (South/East) ft. /^ovT^ tiros' JctlJi'/ £)ic.tfLS> Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner ’s homeowner's policy. separate group/association owned policy. Name of insured coy/r ^aMfcowvgtfs of ofioi^o Name of insurance carrier TUf c^n til's Name of insurance agency ^uluS /NtuA^ce l^tlAtcy LLC._____ Policy No. Cfif *Pjl ifcSi______Effective date of coverage C uA^tTM‘7 Amount of coverage; Public liability, per person, per occurrence $ /, ooo, oao Public liability, per occurrence $ I aoct, & « c^ 10. Security and policing of the jointly used dock and property is provided by (check applicable items); ____ fencing ____security lighting property owner's presence ____contract security service _____other (specify) _________________ II. DOCK INFORMATION 11. 12. List Dock Use Area Specifications: Width of shoreline: ^ s*6 -T ft. Length of main dock from shore; 4*. ^ ft. Dock setbacks from side property lines at shore: 4 C ft. and__12 s' ft. Dock Construction (check applicable items): Ji^ seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling md deck mg ____wooden decking _____metal decking Page 2 of 4 . I i I i 13. List Dock Accessories: Number of fire extinguishers available at the dock 4.oc<»r<g> hofrrz Number of life preservers available at the dock ^6C4-Tif> /a/ 14, List number of slips in each category ("slips" includes boat lifts); Transient (day use only) slips______ Transient (day use) off-shore buoys__ Permanent moorage slips Permanent moorage off-shore buoys _ Dry storage (rack) slips___________Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated fi^om the dock by any public road. y spaces. m. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____metal seawall ____concrete seawall ^ grass and vegetation only other (specify) . t 17. Depth of water at shoreline: O ft; at 50 ft. out: (o \ at 100 ft. out: _JO^_±_ REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK, PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATION.^ 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is cot required if the spplicant initials and certifies the following lutcment: ’This is a renewal appheatioa and our joint use dock is to be operated utider the same by-laws or agreement oiiginally made in (state year) and on file with the City." Applicant's initials Page 3 of4 C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. ____members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our jointuse dock is to be operated under the same articles of incoiporation and/or by-laws as originally made or last amended in_______(state year) and on file with the City." ______________Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) S___________________ RENEWAL JOINT USE FEE, per year $__ PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. /f slips @ 2.00 each $__ LATE FEE ($25.00) if application returned after 3/1/04 $__ TOTAL DUE THIS APPLICATION S 20.00 y. &o LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shftll not accept, renewal license applications received after March 1 unless the application is accompanied bv a late fee of S2S 00 REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes fi-om prior licenses, also by the Planning Commission and/or a specially ^pointed Marina Committee. The Council will take action on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. port Signed_________oit.we Page 4 of 4 BlIiUtB lUMiutloa No# ^ ^ ^ ApproYtd l>ock Ucattoi i ,I Kelly Cove Homeowners Association of Orouo 2497 Kelly Avenue Excebior, MN 55331 Td: (952)4711170 Fu: (952)471 1184 RECeiVEO FEB 1 9 2004 CiTYOFOROft^ February 16,2004 Mr. Michael P. Gaffiron Planning Director City of Orono 2750 Kelley Parkway P.O.Box 66 Crystal Bay MN 53323-0066 Dear Mr. Gaffron I ain returning the 2004 Orono Annual Joint Use Dock License application form with a check for $28.00. Michael Kellen and Barbara Ward have agreed that this year ’s application should show no change in the dock configuration. If the situation changes before 2005 then we will of course address that issue theiL I appreciate your help. Sincerely, Austin R Evans President RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO WALTER’S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2004 TO DECEMBER 31, 2004 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no ^use of the limited riparian rights; and Page 1 of 2 i L WHEREASy the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS) the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW) THEREFORE) BE IT RESOLVED) that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _______ Barbara A. Peterson, Mayor of the City of Orono, a Minnesota mumcipal corporation and said instrument was executed on behalf of the City. day of ^2004 by Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said u^tnunent was executed on behalf of the City. Notary Public ! Page 2 of 2 s \ I .1 CITY OF ORONO EXHIBIT A RESOLUTION NO.j ( CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK UCENSE I. LICENSEE: Walter's Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: TedStorlie Address: 2701 Kelly Avenue, Excelsior, MN SS331 Licensee is: XX unincorporated homeowner's group ___ incorporated homeowner’s association _ unincorporated club or recreation group __ incorporated club or recreation group _ other License Period - January 1,2004 to December 31,2004 BOAT DENSITY The number of in*place boat slips, lifts and buoys shall not exceed the nun.'oer shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Hint JI _Q I t liftaiAifi I Afiiir II M Exhibit A Resolution No., Page 2 Exceeding this maximum boat dmsity, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinarice of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. 1.Variances granted for 2004: a) West property line (extension of west line of Lot 2, Block 2, Writer’s Port) - 10' required, zero setback proposed Southeast property line (extension of southeast line of Outlot 2, Walter's Port) -1 O' required, zero setback proposed 2.The five slips are approved for use by the following properties located in the plat of Walter's Port: Slip 1 - Ut 2. Block 2 Slip 2 > Lot 2, Block 2 Slip 3 - Lot 1, Block 2 Slip 4 • Lot 1, Block I Slip 5 - Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) 3. 4. City must be notified immediately of any change in use or configuration of the dock. All boats permanently moored at this joint use dock must be registered to the applicant property owners. 5.Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) is allowed four boats maximum (I of lagoon, 3 at outer lakeshore). Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. CITY OF ORONO P.O. Box 66 Crystal Bay, Mn SS323 952-249-4600 RBCElVeO m 2 7 2004 LICENSE YEAR 2004 ortiofonoHO CITY USE ONLY Datt Form Mailed to LIccntcc /-.2 V -oV Date Application Returned to City ______ Fee Received S___________By Enwloyce ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 Section 94-37(a). LICENSE REQUIRED - "It is unlawful for any (group or aitociation of pcrions or familiet, more than two in number, whether incorporated or not) to engage or participate in... Joint me (of any lakeahore property) without first II havtni obtained an annual llcenie from the City."________ Please complete all Items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. 1. ASSOCIATION INFORMATION 1. 2. 3. Association title pr ntyne (if any) jJiJ^ f*f Lake K <MI^A ers Bay Person responsible for this application: Name "T-eJp 3jz> Phone 9^5"^ YN Mailing Address ^ ^0 I { \j / - 1a* \ ^ a ^ A f MRelationship to association CLAJ 4.Asweiation is (check applicable items): unincorporated homeowner's group, incorporated Homeowner’s Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. provide swimming access, beach, or offshore dock, provide a club or association gathering place for activities. 6.Dock is located on (check t^plicable item): ___one member's private property. easement or outlot owned in common. property leased by the group/association, property owned by the group/association. Page 1 of 4 i I i I 1! 7. 9. 10. List Dock location and ownership information: Street address _ _ Legal property description PID# i: Listed property owner(8) 8. Names/addresses of abutting lakeshpre property owners: fSouth/EasO ^ ^TOT Names/addresses of others .. ............. |ffectp^ propert A \Kc't 4 ^ V Vi ^ iM 1 y: owners (attach sheet if necessary): Lisuiance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy.__separate group/association owned policy. Name of insured VName of insured ( * f Name of insurance carrier T f Name of insurance agency h o W ^ ^ o ^ivame oi msurance uency j Policy No. Qt>Effective date of coverage Amount of coverage: Public liability, per person, per occurrence S. Public liability, per occurrence $ 300. MO Security and policing of the jointly used dock and property is provided by (check applicable items): _ ____fencing _____security lighting property owner's presence ____contract security service _____other (specify) ________________________ 11. DOCK INFORMATION 1 1 . List Dock Use Area Specifications: Width of shoreline: ________ft. Length of main dock from shore: Dock setbacks from side property lines at shore: _____ ft. and ft. ft. 12.Dock Construction (check applicable items): seasonal dock (relocated or replaced each \^) .1^permanent piling with seasonal deck permanent piling and decking * wooden decking ____metal decking Page 2 of4 ^ 1 . —------- 13. List Dock Accessories: Number of fire extinguishers available at the dock Nvunber of life preservers available at the dock 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys Permanent moorage slips Permanent moorage off-shore buoys Dry storage (rack) :.lips ^Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the j oint use dock. Parking, if provided must not be separated from the dock by any public road. _______ spaces. 111. EROSION AND SEDIMENTATION CONTROL 16.Sl^lin^ is protected by (check applicable itms): ^ stone rip rap ___wood seawall ^ metal seawall concrete seawall grass and vegetation only other (specify) 17. Depth of water at shoreline; ft; at 50 ft. out: ^ ^ ; at 100 ft. out: ^ ^ REQUIRED ATTACHMENTS The following must accompany this application; A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-iand functions are intended, these also ^ould be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and raaili g addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the ippUcant initials and certifies the following statement: "Thu ii a renewal application and our joint use dock is to be opmted under the same by-laws or agreement originally made in / f State vear) and on file with the Citv.” * f Applicant's initials Page 3 of4 : 1 I r imitoitiiiifiil C. INCORPORATED CLUBS DR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association, members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies ue not reouired if the applicant initials and cemfies the following statement; "This is a renewal application and our joint use dock is to be operated untkr the same articles of incorporation and/or by-laws u originally made or last amended in nSH (state year) and on file with the City." i^licanfs initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) $ ________________ RENEWAL JOINT USE FEE, per year $ __ PLUS SLIP FEE for each penjtanent moorage slip, lift, dry stack, or buoy. .h slips (aH 2.00 each S __ LATE FEE ($25.00) if application returned after 3/1/04 S __ TOTAL DUE THIS APPLICATION S 20.00 /O . co •^0. LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license a pplications received after March 1 unless the aoplicatinn is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes from prior licenses, also by the Planning Commission and/or a specially appointed Marina Committee. The Council will take action on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UC NSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby request the Orono City Council to review this Joint Usc Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Page 4 of 4 • ^.# • »• •• •* • • • • m mmm RESOLUTION.H ' ey woiAT—g mtm • • • •^ • mm » 0" #••• ••••-• • mm .mm. • •• UA<^ooM CooT^-oT 1»Y .A^M OUT r I • •.*•R\t» fVuw 2- :. .3 \-or VOT* \• • •a- . ioac» -■ • •• ‘ . ’.. •** • ” ’ .. • J <• }- ^ j..:• •-*•..*-■: •• •_.. .v>«T.- V*. Y\<\o ' ... -----5 ^ ’.tiu i' . 11H- ^■ < ••• t-B?’ ^ Pftvr 0^ - • ••• •-.-m* : . . . t.-z f'« OAimM mtm RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2004 TO DECEMBER 31, 2004 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their misteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional pnvate right that any riparian owner may have over the public generally is to construct one lock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian Users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian fights; and Page 1 of2 ; )i WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _______day of____________,2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this _______day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instmment was executed on behalf of the City. Notary Public Page 2 of2 r II CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Ann Drive Agent: Susan Wanner Address: 460 North Arm Drive, Mound, 55364 Licensee is: ___unincorporated homeowner’s group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other n. License Period-January 1,2004 to December 31,2004 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay North Arm Transient (Day use only) Slips 0 Permanent Moorage Slips 6 Boat Lifts 0 Sub-Total: Slips at Dock Offshore Buoys 0 Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.Six slips are approved for Victoria Estates Homeowners Association for 2004 subject to die stipulations set forth in Resolution #962 dated December 18,1978. 2.All boats permanently moored at this Joint Use Dock must be registered to the applicant prope^ owners. V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. ---- I J !.* j Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. I. 1. 2. 3. ASSOCIATION INFORMATION Association title or name (if any) r Lake 6(_________Bay f\) n (J'L ______________ Person responsible for this {^plication:-W W ^ -w w » w w ^ w m -ww mm ^ Hr m m mm mm mm W Name ^ } s (A/\ U /i Phone S 7 • " 0 '^U Mailing Address ^(f^Q f ^i'\ ______________ Relationship to association \J Pt-Ji'O_______________________ 4.Association is (check applicable items); unincorporated homeowner's group. incorporated Homeowner's Association. 5.Principal purpose of joint use dock is (check applicable items): \ X provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. unincorporated club or recreation group, incorporated club or recreation group. 6.Dock is located on (check applicable item): ___one member's private property. ___property leased by the group/association. \ / easement or outlet owned in common. ___property owned by the group/association. Page 1 of4 1 . i.O I i abittAmua 7. 8. List Dock location and ownership information: Street address S'K? /l/i >2 /yir\JA(l)^/}lA^ S Legal property description ^ 1 1/1 c4t^ r■ cl f^S PID# A \^\^.h)r\Lt T'i4n~H Listed property owner(s) i j j ( 2 ^ 1^__________ Names/addresses of abutting lakeshore property owners: fNorth/Wesrt ^ UJnr}/\J^ ^ (p H fU. k^r / fSouth/EastV C/fO d /YK • Names/addresse/ of other a^ected property owners (^ach sheet if necessary): Ljj )perty owners (^i 9. Insurance Coverage - The jointly used dock is insured by one of the following: __property owner's homeowner's policy. JL^eparate group/association owned policy. HsccC. 10. Name of insured |/^ c [r^ (u\ J' ^ .'KC Name of insurance carrier Name of insurance agency AX n .UAli- Policy No. y -.^5 T'' ""i^ffective date of coveragtr ^ Amount ofeo^raeeT«rageT Public liability, per person, per occurrence $ } Public liability, per occurrence % j Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____security lighting V property owner's presence ____contract security service _____other (specify)_________________________ II. DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline;//|) ft. Length of main doclcfrom shore: ft- Dock setbacks from side property lines at shore: ft. and ^\T) ft. 12. Dock Construction (check applicable items): ____seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck V permanent piling and decking ____wooden decking _____metal deckiiig^ Page 2 of 4 ! 1 I li ( •U 13 . List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock O 14.List number of slips in each category (“slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys______ Permanent moorage slips Permanent moorage off-shore buoys Dry storage (rack) slips__________ Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. Q spaces. 111. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): __ stone rip rap ___ wood seawall ___metal seawall ____concrete seawall V grass and vegetation only ____other (specify)______________________ 17. Depth of water at shoreline: ft; at 50 ft. out: /p ~Y : at 100 ft. out; ^ jf~)~ REQUIRED ATTACHMENTS The following must accompa.ny this application; A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, diy storage or other on-Iand functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is notreouued if the applicant initials and certifies die following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (state year) and on file with the City." Applicant's initials Page 3 of 4 I C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement "This is a renewal application and our jo.it use dock is to be operated under the sanie articles of incorporation and/or by-laws as originally made or last amended in_______(state year) and on file with the City." ______________/^licanfs initials D.JAL LICENSE FEE ■ ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE. per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/04 $ $20.00 $ $ TOTAL DUE THIS APPLICATION 2 ■ LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accent renewal lic>»nse applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE men a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes from prior licenses, also by the Planning Commission and/or a specially appointed Marina Committee. The Council will take action on the ^plication after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed u. P-Date (A" Page 4 of4 Outlot C iXiSTINQ CHANNiL lao* 22'Stdm THTT 24' Cniistr !!i II !i‘^!!j!iP#iii!|i(Ti'iiyi|!ilMiji||i^^^^^^^^^ I ---------Tn----y/----;y:‘ 'li '------ u' '--------1 4* CATWALK OVER WETLANDS TO SHORE. ^4*eOAT DOCK I ISO* LONG Outlot B NO SCALE boat dock location I M I • 1 r « 1^1 IPRlSim 06 APR 13 Plat of Victoria Estates •m J u»*c*x J \ \ R' t *!-, • • % vr c .4^: A* f - • •• hi b l 0 !•! hi. Iryoe. *^3c)/lft«><A.S&tojndi ) Or: iK- fy]ff/ s s y TO/TV • • 56 <) /l/./^^"- (7)0J*d ^ 4C»0 K7?OJAct .<Horia hyiTLA^ ji'^AjJIi 2^ • •'T^,/r\ |P-«-|l'.7.2^ • ' 6^r^cfiV* sp«, /X/«yi«x.. ' 1%'l^X, /«#_ oAJiM/t^ txfc»'^V..J ' ^i: RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BOARD OF GOVERNORS, BIG ISLAND VETERAN’S CAMP SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2004 TO DECEMBER 31,2004 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Mirmesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare ofthe citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources ofthe State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights ofthe riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert die commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members ofthe public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse ofthe limited riparian rights; and Page 1 of 2 .M WHEREAS) the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an ^plication for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of die City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 12th day of April. 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_______day of___________, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_______day of____________, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 i i • 1 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Big Island Veteran's Camp Board of Governors Dock Address: Big Island - Record Lot #1 • 100 Big Island Agent: Tom Rasmussen Address: Box S98, Excelsior, MN SS331 Licensee is: Statutory board/club or recreation group License Period - January 1 ,2004 to December 31,2004 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license Lower Main Lake MAXIMUM BOAT DENSITY 2004 16 (14 slips, 2 buoys under previous license) ill iWi Exhibit A Resolution No., Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. ra. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and s^proval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.Based on the 5 cabins and 25 tent-camping sites approved by City of Orono Resolution #2802,10 slips are approved for the 2003 season per your application. 2. Future requests for additional slips will be subject to City Council approval and shall be reviewed and considered in relation to the conciurent level of allowed camp activity. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary fiorn time to time in the public interest. ^___ mn CITY OF ORONO P.O. Box 66 Ciystal Bay, Mn 5S323 952-249-4600 LICENSE YEAR 2004 CITY USE ONLY Date Farm MaUed to Llcm c* ^ /-■>•/ Date Application Returned Co City_________ Fee Received $ _____ By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 Section 94-37(a). LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... Joint use (of any lakeshore property) without first having obtained aa annual license from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. 1. ASSOCIATION INFORMATION 1. 2. 3. Association title or name (if any) ^ "Ts \yc'T'c ^j- Lake t IcnJr^Bay L/^ / C'-^ ^ J ^ Person responsible for this application: Name^''^’^^ (jPc 'f- _Phone 6 ______ Mailing Address /Pc^> , P-jt'CK.Cs/o^r- , 1/^ ^ ^m^Sj Relationship to association 0“/^ __________________ 4.Association is (check applicable items): ___unincorporated homeowner's group.unincorporated club or recreation groi^. incorporated Homeowner's Association. ^ incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): ____provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. Dock is located on (check applicable item): ___one member's private property. ___easement or outlot owned in common. roperty leased by the group/association, property owned by the group/association. Page 1 of 4 I t i I i i I i I j I li J 7. List Dock location and ownership information: Street address l(QO rup uuormauon; Pr<, 1-sL(l.>J( y^UcTcr /S' Legal property description ________ PID# DV//7- ^^~OOQI t.istedpropertyownerfs^ g'A~ 8.Names/addresses of abutting lakeshore property owners; fNorth/Wesrt ______Ht W iC^rn Pq'-Uj fSouth/East) Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy. separate group/association owned policy. Name of insured Name of insurance carrier ^«i Name of insurance agency e U 's>Sa f\ry~r WC f Policy No. / _______Effective date of coverage 1. (D(D OC, OOOAmount of coverage; Public liability, per person, per occurrence \ Public liability, per occurrence $ / /? O&j, nnn — 10.Security and policing of the jointly used dock and property is provided by (check applicable items): ____fencing _____security lighting _____property owner ’s presence ____contract security service \y other (specify) C> _______ II. DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: ST(D(^D ^ ft. Length of main dock from shore: ft. Dock setbacks from side property lines at shore: SGO 4 ft. and Qcn4 ft. 12.Dock Construction (check applicable items): \^y seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking t/^ wooden decking metal decking Page 2 of 4 ii \« i . U I 1 t I ll r ■ 13. List Dock Accessories: Number of fire extinguishers available at the dock______________ Number of life preservers available at the dock_______j 14.List number of slips in each category ("slips'* includes boat lifts): , Transient (day use only) slips Transient (day use) off-shore buoys Permanent moorage slips 0 Permanent moorage off-shore buoys Diy storage (rack) slips Maximum number of boat, at the dock fO 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. 0^ spaces. III. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ___ stone rip rap ___wood seawall ____metal seawall concrete seawall 17. grass and vegetation only ____other (specify) Depth of water at shoreline: ^ ft; at 50 ft. out: V * \ at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 2. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note; Thu copy is not required if the applicant initials and certifies the following statement: "This is a renewal applicatioa and our joint use dock is to be operated under the same by-laws or agreement originally made in (state year) and on file with the City." Applicants initials Page 3 of 4 *I • *n c. i>• D. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. ____ members 3. A certified copy ofthe articles of incorporation and by-laws of the corporatiorL Note: These copies are not required if the applicant initials and certifies the following statement: *This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-law as originally made or last amended in_______(state year) and on file with the City." ______________Applicant's initials ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($:/; ^-O) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. slips (g 2.00 each LATE FEE ($25.00) if application returned after 3/1/04 TOTAL DUE TfflS APPLICATION $ $ S $ 20.00 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 ofthe license year. The City shall not accept renewal license ai?plications received after March 1 unless the aPDlication is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the replication will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes from prior licenses, also by the Planning Commission and/or a specially appointed Marina Committee. The Council will take action on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date T •• .i# RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2004 TO DECEMBER 31,2004 WHEREAS, the City of Orono, hereinafter "City” is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, i f uruegulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 I a L. WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section S.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an aimual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached Adopted by the City Council of the City of Orono at their meeting on the 12th day of April, 2004. ATTEST: Linda S. Vce, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corpor^on and said instrument was executed on behalf of the City. Notary Public Page 2 of2 mmM I CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Pheasant Lawn Homeowners Association Dock Address: 2790 Pheasant Road Agent: Timothy J. Mahoney Address: 2760 Pheasant Road, Excelsior, MN 55331 Licensee is:unincoiporated homeowner's group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group other License Period • January 1,2004 to December 31,2004 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B-1 thru B-3, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lilts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Camian's 5 plus I detached 5 plus 1 detached 6 t i i... Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. in. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B-I and B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The City acknowledges the historic and continued use of this five-slip multiple dock since the 1950's for the benefit of five designated non-riparian properties on the west side of Pheasant Road. 2.The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots 15 and 18, Pheasant Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14, said lots might not abut the actual shoreline of Lake Minnetonka at any given time. The City acknowledges the existence of the portion of dock and shed existing on City right-of-way and grants temporary permission for said dock and shed to remain at their existing location within the right-of-way until such future date that the City determines that removal of said structures from the City right-of-way is in the best interests of the City of Orono. 4.The Homeowners Association and Mahoney shall agree to hold the City harmless from any damage to any private or Association improvements within the right-of-way that might be caused by the City. (Hold Harmless agreements on file) 5.This approval grants a 2004 Joint Use Dock License to the Association for six slips (including Mahoney's detached slip). Applicants arc advised of the need to henceforth apply for a Joint Use Dock License annually. Exhibit A Resolution No. Page 3 6.The five multiple dock slips are designated for use by spec'dc properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Pheasant Lawn may occur without City approval. Transfer of dock rights to any property outside the subdivision of Pheasant Lawn or to any person who is not a Pheasant Lawn property owner, will not be allowed. 7.The five properties which are each allowed one slip within the five slip multiple dock are described as follows: (Johnson) 2655 Pheasant Road (Lots 1,2 and part of Lot 3, Pheasant Lawn) B. (Sherf) 2675 Pheasant Road (Lot 6, Pheasant Lawn) C. (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn) D. (Seifert) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn) E. (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn) V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary firom time to time in the public interest. ■I Ml I I r • M CITY OF ORONO P.O. Box 66 Crystal Bay, Mo 55323 952-249-4600 RECEIVED FEB ? 0 2004 LICENSE YEAR 2004 CITY OF ORONO CITY USE ONLY Date form Mailed to Ucenice ^ Date Application Returned Co City_________ Fee Received S ____ By Employee ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 94-37 Section 94-37(a). LICENSE REQUIRED - "It is unlawful for any (group or anociation of perioni or families, more than two in number, whether incorporated i not) to engage or participate in ... joint use (of any lakcshore property) without first having obtained an annual license from the City.” Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. 1. ASSOCIATION INFORMATION 1. Association title or name (if any) Lake _____ Bay &___________________ Person responsible for this application; 2. 3. Name*Tiyv\cf^ 0 Phone Mailing Address Z'7(pO /^c^-ffirSS) Relationship to association P/lLSl 4.Association is (check applicable items): unincorporated homeowner's group, incorporated Homeowner's Association. unincorporated club or recreation group, incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. 6.Dock is located on (check applicable item): ____one member's private property.property leased by the group/association. easement or outlot owned in common. property owned by the group/association, Page 1 of 4 I. i 11 n i j: i ii. r 7. 8. 9. List Dock location and ownership information: Street address Legal property description /^dT~ PID# Listed property owner(s) ^€cUicf^j A'iw\ 4<o(i>uo />f Names/addresses of abutting lakeshore property owners: fNorth/WesO _____’Z-'/L'D fhtOiStxn^' /^d_______ (South/Easrt m\iW\ Names/addresses of other affected property owners (attach sheet if necessary): Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner ’s policy. separate group/association owned policy. Name of insured Name of insurance carrier Name of insurance agency Policy No.____________Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $_ Public liability, per occurrence $ 10. Security and policing of the jointly used dock and property is provided by (check applicable items): ____fencing ^ security lighting property owner ’s presence ____contract security service _____other (specify) 11. DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: Z8CP ft. Length of main dock from shore; ft. Dock setbacks from side property lines at shore:_________ft. and ft. 12.Dock Construction (check applicable items): ____seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck permanent piling and decking ____wooden decking _____metal decking Page 2 of 4 i *iii rirtlfcllTi r 1 3 . List Dock Accessories: Number of fire extinguishers available at the dock jf\ Number of life preservers available at tiie dock in 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______ Transient (day use) off-shore buoys_____ Permanent moorage slips ^_____ Permanent moorage off-shore buoys____ Dry storage (rack) slips__________ Maximum number of boats at the dock ^ 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. /O spaces. fll. EROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): stone rip rap ___wood seawall Sy»t^etal seawall X* grass and vegetation only ____other (specify)_____ concrete seawall 17.Depth of water at shoreline; 2- ft; at 50 ft. out: ^ ; at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions arc intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip usen. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not reouifed if the applicant initials and certifies the following statement; “This is a renewal appbcation ind our joint use dock is to be operated under die same by-laws or agreement originally made in (sate year) and on file widi the City.” :tm.Applicant's initials Page 3 of 4 c.INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. X)A statement as to the total number of members in the club or association. 3f members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and cerufies the following sutement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________(state year) and on file with the City." JotA^______^jpUcanfs initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. __slips @ 2.00 each LATE FEE ($25.00) if ap;' .cation returned after 3/1/04 S $20.00 $ s TOTAL DUE THIS APPLICATION LATE FEE - Renewals ApplicationforrenewalofliccnsesshallbemadenolaterthanMarchl ofthelicenseyear. The City shall not accept renewal license applications received after March 1 unless the apDlication is accompanied bv a late fise of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, or applications proposing substantial changes from prior licenses, also by the Planning Commission and/or a spi "ially appointed Marina Committee. The Council will take action on the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Sections 94-36 through 94-38 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time tojsecfbioisafety and code compliance inspections. Signed Date ¥ Page 4 of4 . k REQUEST FOR COUNCIL ACTION mcptING APR 1 2 2004 DATE: AifrlfYJ?l2fl»JDNO ITEM NO.: Department Approval: Name Gregory A. Gappa Thic Director of PuLSic Ser\ices Administrator Reviewed: Agenda Section: ^ Public Service's Director’s Reix)rt.'7 Item Description: Agreement for Year 2004 Park Mowing Services In 2000, we solicited quotations for annual park mowing ser\ices from several area firms. Shaughnessy Lawm Services of Oiono provided the lowest quote for this service. This firm has been doing an excellent job, and we have been renewing the agreement on an annual basis for the past several years. This firm also provides park mowing services for the City of Long Lake. Shaughnessy Lawn Services is interested renewing their agreement for another year at the same rate as last year, and we are recommending acceptance of the quotation of $16,000 from Shaughnessy LawTi Serv ice for year 2004 park mowing serv ices COUNCIL ACTION REQUESTED: Motion to accept quotation from Shaughnessy Lawn Serv ice, Orono Minnesota fc r the 2004 season, park mowing services in the amount of $16,000. A.«i 1 Shaughnessy Lawn COLIN SHAUGHNESSY 2150 COLIN DRIVE LONG LAKE, MN 55356 March 19,2004 If.' I REQUEST FOR COUNCIL ACTION COliM/'ii HdppxiMQ APR 1 2 2004 CITY OF ORONO DATE: April 9,2004 ITEM NO; |3 Departmrat Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Paul Ode Application for an On-Salc Liquor License at 3425 Shoreline Drive«Resolution The Council, at its March 22,2004 meeting, directed staff to draft a resolution denying the Paul Ode application for on-sale liquor license at 3425 Shoreline Drive. The resolution is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution of denial regarding the Paul Ode application for an on-sale liquor license at 3425 Shoreline Drive. A RESOLUTION DENYING THE PAUL ODE APPLICATION FOR ON-SALE LIQUOR LICENSE AT 3425 SHORELINE DRIVE WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Paul Ode (hereinafter "the applicant"), has made application to the City of Orono for an on-sale liquor license for the property at 3425 Shoreli .e Drive Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1 . The City ’s authority and concern in its review of the Paul Ode on-sale liquor license application is the protection of the public health, safety, and welfare. The City ’s review of the application has addressed this concern in two ways. One is through an application review and background investigation by the Police Department. The second is through a review of the impacts on the area properties of granting the on-sale liquor license. 2. The Orono Police Department has reconunended denial of the license based on the Department ’s background investigation of the applicant, as well as on false statements made by the applicant on the application form. 3. The proposed liquor establishment is in very close proximity to the adjacent low density residential development. The entrance is oriented toward the adjacent residential development, and the parking area is located directly adjacent to the low density residential development. 4. There is no buffer between this site and the residential property. 5. The experience of the Police Department indicates on-salc liquor brings the potential for increased noise, public disturbances, litter, traffic safety issues, and other activities that arc incompatible with low density residential development. Page 1 of3 6. The City Council has considered this application including the above findings, the recommendations and reports by City staff, comments by the applicant and the public, and the effect of the proposed application on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies the requested on-sale liquor license. Adopted by the Orono City Council on this 12th day of April, 2004. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor "Jf-r Page 2 of3 n 51 Hi 1 ii-fiHiniiiHi II Mllarmiaiilirirr ■■ r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of ^ 2004 by Barbara A. Peterson, Mayor of tlie City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this__day of 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of3 L ataiiieiiiiMiaaMi . <: COiiMrti MFf^TING APR 1 2 2004 Request for council aci ion CITY OF ORONO DA FE: April 9, 2004 FFEM NO: / ^ Dcparlincnl Approval: Name Ron Moorsc Tide City Admiiustralor Adininistralor Reviewed: 2^ Agenda Section: City Administrator's Report Item Description: ApiM>intiiicnt of Planning Coinniission Chair and Vice-Chairs With the retirement of Sandra Smitli from tlic Planning Commission, it is necessary to appoint a new Planning Commission Chair. At its April 8 work session, it was tlic consensus of the Council to appoint Jeanne Mabusth as Cliair, and to appoint Dave Ralm and Cyntliia Bremer as Vice-Chairs. COUNCIL ACTION REQUESTED: Motion to appoint Jeanne Mabustli as Planning Commission Chair, and to appoint Dave Ralin and Cyntiiia Bremer as Vice-Chairs. mppting APR 1 2 2004 RKQIJI-:SFOR COUNCIL ACI ION CITY OF ORONO DA FK: April •), 2(K) I ITKM NO: /5" Department Approval: NaiiHT Ron M(m >isc I'illc Cily Adiiiiiiisiniior Arlministralor Reviewed:A^nda Section: City Adminiitrdlur's Kc|>utt Item Description:Park Commission Rea|>|K>intiiicnt Parks, OfK n Space and I’rails Commission member P.il Wolic lias completed one liill tenii on die Commission. He is interc.sted in serving an additional ilirce-ycar term. 'I'lie Coiiiu il may, at this time, rcap|M>int Mr. Wolfe to a tliree year lenn e.xpiring on December 31, 2006. COl INCIL ACTION REQUESTFD: Motion to reap|M)int Pat Wolfe to a Uirce-ycar term on die Parks, Open Space and 'Frails Commission, expiring on DecemlH r 31. 2(K)6. 1 FW COmmj'ii ^«PFTING ORONO POLICE DEPARTMENT APR 1 2 2004 CITY OF ORON'OREQUEST FOR COUNCIL ACTION Dalc:03/22/04 Item No: Department Approval:Administrator Reviewed:Agenda Section: Name: Kurt Erickson Title: Sergeant / Item Description: Request Approval to Purchase 2004 Squad Cars Exhibits: DISCUSSION: The police department was allowed to budget for 3 replacement squad cars in 2004. The cars were ordered through Superior Ford. The total cost is $67,338 or $22,446 per car. These new cars will replace the three oldest cars in the fleet. The cost also covers an extended warranty. The extended warranty on our 2003 cars has already helped in containing service costs. In addition the police department will spend funds to transfer radio's, computers, emergency lights, prisoner partitions, apply graphics etc. This will cost about $4,000 per car. The total expenditure should be about $80,000. There is a line item for this of $83,000. COUNCIL ACTION REQUESTED: Motion to approve pa>'ment for three, 2004 Ford Crown Victoria Police Squad Cars, to Superior Ford, setup of the new cars and the liquidation of the old squads through competitive bidding. REQUEST FOR COUNCIL ACTION mpptinG APR \ 2 2004 CITY OF ORONO DATE: April 12,2004 ITEM NO: y -7 Department Approval:Administrator Reviewed:Agenda Section: Name: StephanyG Title: Chiel of Police Item Description: Request approvai to advertise, test, hire part time poiice officer Exhibits; DISCUSSION: The Orono Police Department currently has council approval to hire two part time officers (with full time P.O.S.T. licenses.) The Orono Police Department is exhausting the list of eligible candidates and requests council approval to reopen the hiring process. COUNCIL ACTION REQUESTED: Motion to advertise for, test candidates, and extend an offer of hire to an eligible candidate for the position of a fully P.O.S.T. licensed peace officer w ho will work part time hours. ■T ■ ■I'f■ life ', * . •y-'- • ■ ^------- REQUEST FOR COUNCIL ACTION COMMr'FI APR 1 2 2004 CITY OF CR0.\'0 DATE: April 12,2004 ITEM NO: Department Approval:Administrator Reviewed:Agenda Section: Name: Stephany Title: Chief of Polii< Hem Description: Approval to Dispose of Unclaimed Property Exhibits: DISCUSSION: The Orono Police Depaiiment has uccumulaied profx'rty that is unclaimed where the owner’s identity cannot be determined through existing police reports or item serial numbers. The police department would like to dispose of the property in accordance with city ordinance, by offering the items for sale in a public auction. The City of Medina is holding a silent auction at their City Hall in the Public Works Building at Medina Road and County Road 24 on Saturday. April 24, 2004 during the .Medina City Clean- Up Days. The Medina Police Department has agreed to include Orono’s unclaimed property in its silent auction and tt) remit prinreeds to Orono. The police depaiiment is seeking council approval to sell the attached li.st of unclaimed items as part of the Medina silent auction, and to dispose of any items that arc not sold COUNCIL ACTION REOUE.STED: Motion to approve dispiisal of unclaimed pro|K*rty by silent auction at Medina City Hall, and discard of unsold items. Bike Inventory Left to Right 1 Trek-800 sport- MT. Bike- blue/silver- with one spare tire-case #02-2682 2 Bullet GT- MT Bike-Blue-Case #03-3138 3. Huffy- Premier 12 speed- Blue- Case #03-3510 4. Roadmaster 10 speed- Pink-Case #03-3509 5. Giant-Yokon-MT. Bike-Silver-Case #01-5497 6. Huffy-Probeach- Green/Black- Old Style-Case # No 7. Hawthorn- Green/Rust- Old Style-Case #02-922 8. Magna-Great Divide DH-I Series-MT,Bike-Black/PurpIe-case#03-3722 9. Magna-Zip Drive- MT Bike- Black-Case # NO 10. Huffy-Superia-15 speed-MT Bike-Black-Case #02-4414 11. HuffV-3 14-10 speed- Black-Case #02-5645 12. Galaxy-10 speed- Red- Case #02-3390 13. Schwin- World Sport-10 speed-Blue-Case #03-4792 14. Giant Option K- Hybred-Red- Case#02-2964 15 Murray-Team-Kids Bike-White-Case #03-3979 16. Robinson-SST-Dirt Bike-Silver- Case #02-155 17 Diamond Back- Viper-Dirt Bike-Silver.^lue-Case #02=806 18 Assassian-PRO-Din Bike-Silver-Case #03-2343 19 Pulse Plus- Stationary Bike-Black/Red Case# NO 20. Walkfit-5000- Treadmill-wood-Case# NO 21. Weslo-Cadence-bcl5-treadmill-Gray Case# NO 1 1 id If'* APR 1 2 2004 RKQlim FOR COlJNCir.ACnON CITY OF ORONO DA FK: April f>. 2(M)1 H I M NO: M Department Approval: Name Ron Mooisc 'Fide City AcliniiiisUaloi Administrator Renewed; /-I Aftenda Section: City Administrator’s Report Item Description:I xniK Ixike Fire Hiid);et In 2(KKt, tlie IxniKDike Fire DcpailiiienI expeiidiluu'sext ceded lhe:uuolinl budgeted l>v.S(>.'i.KI().2(). 'Die niitiorily of this overa>;e was related to additional o|H*ratioiial costs lor the new lire station, siilislantial vehicle lepair costs, the additional salaiy costs lelated to tlie new Fire Administrative Onicer |K>sition, and additioiud wa^* costs related to an increase in iirelit'hter pay that was approved alter the 2(K)d hndKet w;ls in place. I'lie IxiiiK Dike Fire Commission has met witJi the Fire Chief and Fire Administrative Olliccr to discuss the oveny?e. 'llie Commission stiessed the im|M>rtance of inanaginHexiK’iiditiires. 'I'hey are piittiiiK in place ptircluLsiiiK and hiidi;et imuiaKement |»roi edurcs to iretter control expenditures. i he Fire Commission iilso di.scussed how the overaife is to lie funded, its neither City lues e.xcess funds available in their (!eneral Funds, 'llie Commission is recommending that the oventge Ih* funded using a portion of the exi e.ss funds in tiie joint Ixuig Ixike/ Orono Fire .Station Construction Fund. COUNCIL ACriON RKQUDSI LD: Motion to approve the u.se of cxce.ss funils in tlie Joint Fire .Station Construction Fund to fund tlie $(»3,810.20 overagi* in the liong Lake Fire Department 2003 hiidget. a •*^PT1NG APR 1 2 2004 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: April 9, 2004 ITEM NO; "W Department Approval: Name RonMooisc Title City Adniinistraloi Administrator Reviewed: Item Description: Study Regarding Development Standards Agenda Section: City Admimstratur's Kepon The City has reguided two areas in the City for higher density residential development. However, the City has not developed design standards or PRD standards to guide this type of development. The City needs to undeit.'<ke a study of PRD and design standards, and put in place the proper standards to guide this development, to ensure this development meets the goals that caused the City to reguide the ureas, in order to provide a period of time to develop the proper development standards, it is necessary to place a moratorium on all deveKipment applications for subdivisions with densities of 2 units per acre and greater. The City Attorney is preparing an ordinance for the moratorium, and will provide it at the council meeting. COUNCIL ACTION REQUESTED: Motion to authorize a study of development standards for medium-density residential development, and to adopt the attached ordinance placing a moratorium on all development applications for subdivisions with densities of 2 units per acre or greater. i r A ORDINANCE # ___, 3RD SERIES INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, TO ESTABLISH A MORATORIUM PROHIBITING THE GRANTING OF PRELIMINARY SUBDIVISION APPROVAL. ZONING (CUPA^ARIANCE) APPROVAL, REZONING, OR PUD APPROVAL WITHIN THE MORATORIUM AREA AS DEFINED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City cf Orono is amended by adding Ordinance No.__, 3rd Series. SECTION 1. Statement of Policy. The City Council finds that the City is presently faced with the potential of applications for subdivision, rezoning, zoning (CUP/Variance), or PUD approvals for property within the Moratorium Area as defined in Section 2. It appears to the Council that the consequences of allowing such applications to be approved may be undesirable because the current ordinances may not be consistent with the City ’s zoning and development goa's. The Council, therefore, finds that it is necessary to study the impact of development under current ordinances to determine whether they fulfill the underlying punmses of the City's land use and zoning provisions. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the City code need to be revised, such revision is a process that camiot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who W'ish to develop property in order to bring about savings of public and private e.xpenditurcs and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning peniiitted land use and zoning performance standards, th'* granting of preliminary approval of subdivision applications, zoning (CUP/Variance) applicatic.is, rezoning applications, or PUD for property within; the Moratorium Area would be . ontrary to the pur|H)se of the zoning enabling act, Minnesota Statutes Section 402.351, et seq. The C'ouneil funher fiiuls that it would be unwise, improper and unjust to allow- individual development to occur during this study. SEC ITON 2. Moratorium Area. As used in the Ordinance. Moratorium Area shail be defined as all real property w ithn; the City of Orono which has allowed densities of two residential dwelling units per acre o'- greater, w ith the exception of the property within the plat of StoneBay. 12t0e2U2v1 786748 S’i f e i: SECTION 3. Study. The City Council requires its staff to initiate a study regarding the impact of development within the Moratorium Area under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions, and rogvi’-ding the implications of the potential need for amendments to the City code to implement the results of that study. SECTION 4. Restrictions on the Acceptance of Applications for and the Granting of Preliminary Subdivision APDroval, Zoning (CUPA^ariance) Approval. Rezoning, or PUD approvals No preliminary subdivision approval, Zoning (CUPAf'ariance) approval. Rezoning, or PUD approval, shall be given by the Council for any property within the Moratorium Area, and applications for such approvals shall not be accepted for review. SECTION 5. Duration. This Ordinance shall expire within one year of the passage of this Ordinance by the City Council, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not to exceed the statutory limits in Minn. Stat. 462.3SS, subdivision 4. SECTION 6. Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. SECTION 7. Separability. Every section, provision, or part of this Ordinance is declared separable from every other section, provision or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 8. Publication. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. I2i0ni42v1 7M74a I s . Adopted by the City Council of the City of Orono on this 2004, by a vote of__ayes and ____nays. day of April, ATTEST; Linda S. Vce, City Clerk Barbara Peterson, Mayor 1210Q2142V1 rS674a V//1- 7J-scyo^ S ORDINANCE# ___, 3RD SERIES INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, TO ESTABLISH A MORATORIUM PROHIBITING THE GRANTING OF PRELIMINARY SL'BDIVISION APPROVAL. ZONING (CUP/VARIANCE) APPROVAL, REZONING, OR PUD APPROVAL WITHIN THE MORATORIUM AREA AS DEFINED HEREIN. THE CITY OF ORONO ORDAINS: The Municipal Code of the City of Orono is amended by adding Ordinance No. , 3rd Series. SECTION 1. Statement of Policy. The City Council finds that the City is presently faced with the potential of applications for subdivision, re/oning, zoning (CUP/Variance), or PUD approvals for property within the Moratorium Area as defined in Section 2. It appears to the Council that the consequences of allowing such applications to be approved may be undesirable because the current ordinances may not be consistent with the City's zoning and development goals. The Council, therefore, finds that it is necessary to study the impact of development under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions. file Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the City code need to be revised, such revision is a process that cannot be accomplished until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to de Jop property in order to bring about savings of public and private expenditures and to provide the public guides to future City action. Since enactment of an amendment to the code would undoubtedly modify existing regulations concerning permitted land use and zoning performance standards, the granting of preliminary approval of subdivision applications, zoning (CUP/Variance) applications, rezoning applications, or PUD for property within; the Moratorium Area would be contrary to the purpose of the zoning enabling act, Minnesota Statutes Section 462.351, et scq. The Council further finds that it would be unwise, improper and unjust to allow individual development to occur during this study. SECTION 2. Moratorium Area. As used in the Ordinance, Moratorium Area shall be defined as all real property within the City of Orono which has allowed densities of two residential dwelling units per acre or greater, w ith the exception of the property within the plat of StoneBay. 1210S2143V1 786748 it SECTIONS. Study. The City Council requires its sUff to initiate a study regarding the impact of development within the Moratorium Area under current ordinances to determine whether they fulfill the underlying purposes of the City's land use and zoning provisions, and regarding the implications of the potential need for amendments to the City code to implement the results of that study. SECTION 4. Restrictions on the Granting of Preliminary Subdivision Approval. Zoning tCUP/Variance^ Approval. Rezoning, or PUD approvals No preliminary subdivision approval, Zoning (CUPA^ariance) approval. Rezoning, or PUD approval, shall be given by the Council for any property within the Moratorium Area. SECTION 5. Duration. This Ordinance shall expire within one year of the passage of this Ordinance by the City Council, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and adopted and that appropriate evaluation and action, including any necessary revisions of the zoning code, have been finalized. The duration of this Ordinance may be extended by adoption of a subsequent Ordinance for a total of not to exceed the statutory limits in Minn. Stat. 462.3SS, subdivision 4. SECTION 6. Variances. The Council may grant a variance to this Ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Community Management Plan, that it is compatible with the zoning and official control amendments being considered by the City, that it does not adversely impact the health, safety or welfare of the citizens and that it otherwise meets the requirements of the Orono City Code and state law. SECTION 7. Separability. Every section, provision, or part of this Ordinance is declared separable firom every other section, provision or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 8. Publication. This Ordinance shall be published in THE PIONEER and THE LAKER and shall be effective immediately. 12100214.M 790749 t I i i i i ;i U t i I 4 i 4 k a i t i ^ i II 1 ^ i ’ f 1 Adopted by the City Council of the City of Orono on this 2004, by a vote of__ayes and ____naj's. day of April, ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor 1210U142v1786748 r' Mm k. REQUEST FOR COUNCIL ACTION COHM^ii EAcpjiNG APR 1 2 2004 CITY OF ORONO DATE; April 9,2004 ITEM NO: Department Approval: Nanir (ircgury A. (iuppa Tille Diicclor of Public Services Administrator Reviewed: Agenda Section: f A Public Serv ice Director’s Kepon4 Item Description: 2004 Seasonul Kniployccs for Golf Course Council approval of seasonal employees for the Golf Course is rctpiested. \Vc are proposing a pay range of S7.90 to S8.60 per hour for this season New employees earn $7.90 per hour for the first year. Returning employees earn more each year until the ma.ximum rate is reached in four years. I he proposal \\ age rates are an increase of 2.0% over the 2003 season hourly rates. Seasonal employees are hired under two different provisions of the PLR/\ rules. The majority of the employees will be hired under the 6-month rule which allows unlimited earnings for a 6-moiuh maximum time period. The starting dates for these employees are staggered to allow for sufficient staffing throughout the entire season. The remainder of the employees work fewer hours and will be hired under the PFRA maximum earn* ^s provision which limits earnings to $425 per month without any restrictions on the number of months worked. These employees arc noted in the list below as “Maximum Famings Limit". I.IST OF SEASONAI> GOl.F <T)I R.SK. EiMPl.OYEES Employee Dan Oas Gary Peickert John Stork Bill Mclniuem John Ross Fred Abrahamson Marshall Hambro Rodney Jensen Katie Sm>lh Dan Mar.sella Michael Policy 2004 Hourly Wage Rate S8.60 Maximum Famings Limit Maximum Famings Limit Maximum Famings Limit .Maximum Famings Limit .Maximum Famines Limit COUNCIL ACTION REQUESTED: S8.38 S8.38 $8.38 $8.38 $8.38 $8.38 S8.25 $8.25 $8.25 $8.00 Motion to approve a seasonal employee pay range of $7.90 to $8.60 per hour for the 2004 season. Mtrtion to hire the seasonal employees listed at tlic proposed wage rates and under tlie applicable provisions of the PFR \ mies. L.._. COi'M/'it f^cpxiNG APR 1 2 2004REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: April 9, 2004 ITEM NO. 1L Department Approval: Name Lin Vec Title City Clerk Administrator Reviewed: Name Ronald J. Moorse Agenda Section: Licenses ANNUAL LIQUOR LICENSES 1. Club On Sale and Sunday Liquor Spnng Hill Golf Club 725 Sixth Avenue North RESIDENTIAL KENNEL LICENSE 2. Jane Kline/Steve Bell 4455 West Branch Road 3. Gail Wilder 1331 North Arm Drive SPECIAL EVENT 4. Applicant: Event; Location: Datc/Time: Bassman Bassman Fishing Tournament Depart from Maxwell Bay Saturdays, May 29 (6.00 a.m.-l:00 p.m.), July 10 (6:00 a.m.-l :00 p in.), August 14 (6:30 a.m.-l :30 p.m.), and September 18 (7:00 a.m.-3:00 p.m.) 5.Applicant: Event: Location: Date; Time: Pillar Homes 2004 Luxury Home Tour 1625 Bohns Point Road June 11-13, 18-20, and 25-27,2004 Fridays, 1:00 p.m.- 7:00 p.m.; Saturdays and Sundav's, Noon-6:00 p.m. 6.Applicant: Event: Location: Date; Time: Chuck Plain Wedding and Live Music for 120 Guests 3227 Casco Circle Saturday, August 28, 2004 2:00 p.m. - 10.00 p.m TOBACCO LICENSE 7. Rick's Market Von Paul Martin (new owner/app!,cant) 3333 Shoreline Drive COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. n. state of Minnesota County of Hennepin City of Orono License No: 2004-11 Amount:$400.00 '!'O o\l; . C. |0^|^;|;'^Liquor Licehse^ ; .. .» I--. 1 //Club On Sale Liquor and Sunday Upon investigation and satisfactory evidence of the qualification of the licensee, this license is granted and pursuant to application and payment of fee thereof, and is ? tject to all the provisions and conditions of the laws of the United States, the laws of the Statt or Minnesota, the regulations and ordinances of the City of Orono, and the rules and regulations of the Liquor Control Commissioner, pertaining to such; and subject to revocation according to law for violation thereof. This license is not transferable except by consent of the issuing authority. Granted To: Business Name: Business Address: Commencing: Terminating: Business Description; Spring Hill Golf Club Inc. Spring Hill Golf Club 725 Sixth Avenue North April 12, 2004 December 31,2004 Private Country Club Issued by authority of the City Council of the City of Orono, Minnesota on: April 12,2004 Attest: Barbara A. Peterson. Mayor Linda S. Vee, City Clerk •Jl X'li Police eot Proudly Serving Orono, Long Lake, Minnetonka Beach and Spring Park Dedicated to Fairness, Service, Pride and Quality April 8,2004 Dear Mayor Peterson and Council Members: Spring Hill Golf Club has applied for a renewal of their liquor license. They have a new general manager, Thomas Datum. This change in management prompted a full background investigation on the new manager. Officer Wittke, in his background investigation, found no problems involving Mr. Dalum. Mr. Dalum has worked at two other golf clubs, is 37 years old, and has lived most of his life in (he Minneapolis area. Based on the information we have received, I see no rea.son to object to the issuance of this license renewal. Sincerely, Stephany Good Chief of Police Mailing Address: PO Box 86 • Crysul Bay. MN 55323 • Building Address: 2730 Kelley Parkway • Orono. MN 55356 Polke 911 • Administration 952-249-4700 • Non-Emeigcncy 763-525-6210 • Fax 952-476-3028 E-mail: oronopd(Bci.otono.inn.us • Website: htip7/www.ci.orono.mn.us KENNEL LICENSE APPLICATION Effective January 1,200_to December 31, 200 Owner: \ , \ 1 . n . . 1Property Address: (O 6ccr Mailing Address (if different): ^ 5(t M Phone: thome) ~ (work) 7L^ 5 ' \ RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) ^ Maximum No. of dogs to be kept atone time: \ _______________ (over 6 monttas of ageX Principal Breed: (^-Nl Purpose for more than 2 dogs: ti V A "N/ • 'Dogs normally kept: ^ inside____^kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business:______________ Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours;___________________________________ After Hours Contact: (name) (phone)_ Dog runs/exercise areas are: inside___outside__^both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is pennissive only and docs not grant any authority to violate any provision of any City Ordiiunce or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license durction; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. U'l'-VC'-i Applicant Date for City Use Only Kennel inspected by'Date cf- ''I -oH_______ Recommends: AoDroval >( Denial^ .jr-er r 5-r KENNEL LICENSE APPLICATION Effective January 1, 200_to December 31, 200__ H ad Owner:idtCrLe^ Property Address:/33/ AJMfk. L^e^'cU. (include city ecd zip) Mailing Address (if different):_^________ ________ Phone: (home) - ¥^2 - (work)_______ RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time:_ (over 6 moaths of age) FrincipalBreed: ........... 3 Purpose for more Jian 2 dogs:__ Dogs normally kept: inside kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: Business Activities: (example: boa.'diog. breeding, veterinary care, retail, etc.) Normal Business Hours:________________________________ After Hours Contact: (name) (phone) Dog runs/exercise areas are:inside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Cede Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. Applicant 3-/0 Date for Ctfv lJs€ Only Kennel inspected by Recommends: Approva l yc DerJ^ Date U ~*~f - ‘-/ 4 CITY OF ORONO SPECIAL EVENT PERMIT (a. / Dale Issued: Date/Timc of Event: April 9, 2004 Saturdays, May 29 (6;00 a.ni.-l :00 p.m.) July 10 (6:00 a.m.-1:00 p.m.) August 14 (6:30 a.m.-l :30 p.m.) September 18 (7:00 a.m.-3:00 p.m.) Name of Pcrson(s) And/or Organization Sponsoring this Event: Tom Wilson, Jr. Bassman 1039 Meadow Street Cologne, MN 55322 Phone: 952-466-3825 Location of Evc:it: Ma.xwcll Bay Public Access Type of Event;Bassman Fishing Tournament - appro.ximately 17 boats wuh boats departing from the Maxwell Bay Public Access The following docuiiicnis arc required and on file at the City .Administrative Offices: • Approval from Orono Police Department • Approval from Orono Building and Zoning Department The following conditions have been placed on this event: • llic Orono Police Department and as officers are empowered to revoke this special event permit at any time for any safety concerns that arc not immediately resolved by the permit holder or a representative of the permit holder, fhis revocation shall cause the immediate cancellation of the event originally at:thori/ed by this permit • By acceptance of this special event pennit, the permit holder, on behalf of any and all organizations and private persons, grants authority to operate un< er the special event pennit, agrees to, indemnify and hold harmless the City of Orono from all claims arising from said event. The permit holder, all organizations and private persons exercising authority under this permit, do waive and release all claims against the City of Orono, its officers or employees for any damage to person or propertv arising from the exercise of privileges granted by this permit and agrees to hold hannless the City of Orono, its cmplo.,ees and officers from any such claim. • fins permit is subject to approval of this event, if required, by the DNR, Lake Minnetonka Conservation District and ilennepin C'ounty Sheriff’s Water Patrol. • Participants must follow the rules an... .‘gulations posted by the DNR at the Maxwell Bay Public .Access, including no use of alcoholic beverages. Cleanup of tournament related items and debris after the toumamen; such as signs, garbage, etc. Sound svstem shall be regulated so as not to disturb neaiby residemial properties. Appru\ed at City Council meeting! on: April 12. 2004 (City Seal) Ronald J. Moorsc, City Administrator 2750 Kelley Parkway, P.O. Box 66, Cr>sial Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616 / w^ww'.ci orono.mn us CITY OF ORONO SPECIAL EVENT PERMIT 7.The Orono Police Department and its officers are empowered to revoke this special event permit at any time for any ufety concerns that are not immediately resolved by the permit holder or a representative of the permit holder. This revocation shall cause the immediate cancellation of the event onginally authorized by this permit. Approved at City Council meeting on: April 12,2004 (City Seal) Ronald J. Moorsc, City Administrator 2750 Kelley Paricwiy, P.O. Box 66, Qystil Bxv, MN 55323 Phone: 952-249-4600 / Fxx: 952.249-4616/www.cioraao.nLus o 6)CITY OF ORONO £ SPECIAL EVENT PERMIT Date Issued: Date of Event: Time: April 12, 2004 Saturday, August 28, 2004 2:00 p.m. -10:00 p.m. (Live music from 5:30 p.m. - 10:00 p.m.) Name of Person(s) And/or Organization Sponsoring this Event: Chuck Plain 3227 Casco Circle Wayzata, MN 55391 Phone: 952-471-0487 Location of Event: 3227 Casco Circle Type of Event:Wedding and dance with live music for approximately 120 guests The following documents are required and on file at the City Administrative Offices: • Approval from Orono Police Department • Approval from Orono Building and Zoning Department The following conditions have been placed on this c^ ent: • The Orono Police Department and its officers are empowered to revoke this special ev-nt permit at any time for any safety concerns that are not immediately resolved by the permit holder or a representative of the pemtit holder. This revocation shall cause the immediate cancellation of the event originally authorized by this pemut. By acceptance of this special event permit, the permit holder, on behalf of any and all organizations and private persons, grants authority to operate under the special event permit, agrees to, uidemnify and hold harmless the City of Orono from all claittu arisuig from said event. The permit holder, all organizations and pnvate persons exercising authority under this permit, do waive and release all claims against uie City of Orono, its officers or employees for any damage to person or property arisuig from the exercise of pnvileges granted by this permit and agrees to hold haimless the City of Orono, its employees and officers from any such claim. Notification of the event to be provided to the neighbors south of Casco Cove, indicating the hours the music will play, purpose of the party, and date of the event. A copy of the notification letter and approved City of Orono permit must be sent to the Cities of Shorewood and I'onka Bay. The sound will travel and those cities should be aware of the event and may w ant to alert their residents • Fatking is planned foi the right-of-way area adjacent to Casco Paik, which is customary for large gatherings held on Casco Circle. • Pcniut holder is responsible for inspcctuig the area after the event and repaumg any damage caused by parking, renwving any event-related signs, and cleanup of any event-generated debns. Approved at City Council meeting on: April 12. 2004 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616/www.ci.orono.mnus t i i 1) State of Minnesota County of Hennepin City of Orono License No. 04-11 Amount:$100.00 LiceittSe to Sell ^ |||robaccp at Retail A license to sell tobacco and tobacco products and tobacco related devices at retail in the City of Orono in said county and state for the term of one year, beginning with the first day of February 2004; subject to the laws of the State of Minnesota and the ordinances and regulations of said City of Orono pertaining thereto; is hereby granted to the following: Granted to:Von Martin Business Name:Rick's Market Business Address:3333 Shoreline Drive Business Description:Grocery store Issued by authority of the City Council of the City of Orono. Minnesota on April 12,2004. Attest: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor (Seal) W * City of Orono, 2750 Kelley Parikway, P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-;249;4|^/ Fax: 952*249*4616/www.ci.oronojnn.us !i 04/09/04 TUE 12:13 FAX 0520153777 % rtPr-fl»-l004 I2:2rpi Froi-CITY OF 0R0«O 1 2. 3. LPHI ACCOUNTING ^>62249441 S c T-194 F.0fll/gp4 f-|4] « * I tobacco related devices 10r,i„„,e No. 144, $«co«U S.ri.. . Ad.o.cd10roi„„,e No. 144, $«co«U S.ri.. . Ad.p.cd lV0tA»7) M«ki check payable to; City of Orono Mailing add res 4:PoO. fiox 66 Crystal Bay, M3V 55323 FEE: 1106.00 (February 1-January 31) Applicant's Full Name - <>/6/2on& Date PIRST Applicant's Home Address 3A25 County Road 140 HOUSE NUMOER Chaska Paul MIDDLE Marcln >■ •.«f LAST T' a*'.* I. BTREgf PTY SfATH 55318 952-44a-SqQA HOME PhONg ir . Applicant's Business -Ratail Grocar^ TTPE CV BUSINESS Rieka Karkac HUSINSSS name 952-471-8473 Business hhone .3548 Uast SOch St. Sta B-in? pj 4__ 3333 Shorclliia Drive STREET ADDRESS ' ------- Navarra, MN CfTY 55392 ~ • tobacco '" OF ORONO. 4/6/2004 Oar« 12)002 t I CITY OF ORONO check register 03/17/048:33 AM Pagal APR 1 2 2004 CITY OF ORONO 9 Chock Pay Numbar Employoa Nama Paiiod 053932 DODGE. RACHEL M 6 053934 VOID 6 053933 LESKINEN. DENISE M. 6 053935 SILUS. BARBARA O. 6 053936 ANDERSON. BRUCE L. 6 05393^ BOBZIEN. SUE A 6 053938 BORIS. SCOTT W. 6 053939 DAY. SUSAN J. 6 053940 DEMBOUSKI. JAY C. 6 053941 ERICKSON. KURT R 6 053942 FARNIOK. CORREY L. 6 053943 FISCHENICH. DAN T. 6 053944 MADSON. ADRIENNE M. 6 053945 MCNICHOLS. DAVID L. 6 053946 MOROWCZYNSKI. JAMES 6 053947 PERSELL. WILLIAM R. 6 053946 RUSSETH. KYLE M. 6 053949 TOMCHECK. LAWRENCE F. 6 053950 TOMCZYK.MARKW. 6 053951 WITTKE. ANTHONY A. 6 053952 PHARO. CHRISTOPHER M. 6 053953 QAFFRON. MICHAEL P. 6 053954 MEYER. WILLIAM C. 6 053955 OMAN. LYLE E. 6 053956 VANG. BRUCE L. 6 053957 GREGORY. JAMES 0 6 053956 HANSEN. STEVEN 6 053959 OBRIEN. RANDY L. 6 053960 PALMER. GREGORY A. 6 053961 RATHBUN. BARRY J. 6 053962 SKREEN. DALE S. 6 053963 ROSS. JOHN A 6 053964 STEFFENHAGEN. RONALD 6 003265 MOORSE. RONALD J. 6 003257 VEE. LINDA S. 6 003256 KUEHN. THOMAS M. 6 003259 OLSON. RONALD J. 6 003260 PETTIT. SANDRA K. 6 003261 ANDERSON. BRUCE L. 6 003262 BOBZIEN. SUE A 6 003263 BORIS. SCOTT W. 6 003264 BUOIQ. STACIE M. 6 003265 CORNICK. JAMES L 6 003266 FISCHER. CHRISTOPHER K. 6 003267 GOOD. STEPHANY R. 6 003266 JOHNSON. JEFFREY 6 003269 MCNICHOLS. DAVID L. 6 003270 5CHOENHOFF. JOHN B 6 003271 TOMCHECK. LAWRENCE F. 6 003272 LEE, JOSEPH P 6 003273 BOLTERMAN. MATTHEW A. 6 003274 CURTIS. MELANIE 003273 GAFFRON. MICHAEL P. 003276 GAPPA, GREGORY A 003277 GUNOLACH. JANICE J. 003276 OMAN. LYLE E. 003279 DEBAERE. DONALD L 003260 HANSEN. STEVEN 003261 OBERAIGNER. SCOTT G. Chack Chack Amount Data Chack Status $1.042 63 3/17/2004 Outstanding 10.00 3/17/2004 Void 6933.22 3/17/2004 Outstanding $454.21 3/17/2004 Outstanding $400.56 3/17/2004 Outstanding $95.15 3/17/2004 Outstanding $1,431.35 3/17/2004 Outstanding $576.09 3/17/2004 Outstanding $1,549.10 3/17/2004 Outstanding $1.596.36 3/17/2004 Outstanding $1.609.62 3/17/2004 Outstanding $1.506.20 3/17/2004 Outstanding $718.11 3/17/2004 Outstanding $522.48 3/17/2004 Outstanding $2,127.51 3/17/2004 Outstanding $562.82 3/17/2004 OuUtanding $1.244.62 3/17/2004 Outstanding $379.25 3/17/2004 Outstanding $1.370.49 3/17/2004 OuUtanding $1.391.26 3/17/2004 OuUtanding $770.95 3/17/2004 Outstanding $1,428.50 3/17/2004 OuUUnding $549.87 3/17/2004 Outstanding $64.72 3/17/2004 OuUUnding $1.323.53 3/17/2004 Outstanding $986.75 3/17/2004 Outstanding $368.57 3/17/2004 OuUUnding $471.40 3/17/2004 OuUUnding $766.31 3/17/2004 Outstanding $1,141.21 3/17/2004 Outstanding $1.079.03 3/17/2004 OuUtanding $103 33 3/17/2004 OuUtanding $1,343.17 3/17/2004 OuUUnding $2,336.49 3/17/2004 OuUUnding $1,266.69 3/17/2004 OuUUnding $1.328.20 7/2004 Outstanding $1,161.81 3/17/2004 OuUUnding $1.092.32 3/17/2004 OuUUnding $1,135.00 3/17/2004 OuUUnding $830.00 3/17/2004 Outstanding $20.00 3/17/2004 OuUtanding $632 32 3/17/2004 OuUUnding $1.326.68 3/17/2004 OuUUnding $1.376 50 3/17/2004 OuUtanding $2,047.95 3/17/2004 OuUUnding $1,532.12 3/17/2004 OuUUnding $1,100.00 3/17/2004 OuUUnding $1.514.67 3/17/2004 OutsUnding $900.00 3/17/2004 OuUUnding $659.67 3/17/2004 OutsUnding $1.022.84 3/17/2004 OutsUnding $1,058.36 3/17/2004 OuUUnding $125.00 3/17/2004 OuUUnding $1,810.50 3/17/2004 OuUUnding $1,155.07 3/17/2004 OuUUnding $1.400.00 3/17/2004 OuUUnding $1,397.35 3/17/2004 OuUUnding $775.00 3/17/2004 OuUUnding $1,060.84 3/17/2004 OuUUnding i I I I CITY OF ORONO 03/17/04 8:33 AM Paga 2 ch*ck register Chaek Numbor EmployM Nam# Pay Pailod Chick Amount Chick Date Chick Statua 0032i2 OBRJEN. RANDY L 003263 PALMER, GREGORY A. 003264 RATHBUN, BARRY J. 6 6 6 6500.00 1350.00 1200.00 3/17/2004 Outstanding 3/17/2004 Outstanding 3/17r2004 Outstanding 161.269.97 t 1 CITY OF ORONO Payments Currant Period: MARCH 2004 Batch Nsmo PY031704B Payments User DoHar Amt Computer Dollar Amt $39,660.31 $39,660.31 Refer 0 FIRST NAVONAL BANK OF LAKES . Cash Payment G 101-21703 FICA Tax Withholding Invoice Cash Payment O 101-21703 FICA Tax Withholding Invoice Cash Payment Q 101-21701 Federal Withholding Invoice Transaction Dele 3/17/2004 Due 7/12/2000 Primary Cash 10100 $0.00 In Balance FICA & MEDICARE W/M FICA & MEDCR CITY SHARE FEDERAL W/H Refer 0 ICMA RETIREMENT TRUST • 457 Cash Payment 0 101-21705 Other Retiren>ent Invoice Transection Date 3/17/2004 Due 7/12/2000 Primary Cash DEFERRED COMP-302030 10100 Refdr 0 LAWENfORCMENTLABOR SERVI UNION DUESCash Payment 0 101-21707 Union Dues Invoice Transection Date 3/17/2004 Due 7/12/2000 Primary Cash 10100 Refer 0 MN DEPT OF REVENUE STATE TAX W/HCash Payment O 101-21702 State Withholding Invoice Transaction Date 3/17/2004 Due 7/12/2000 Primary Cash 10100 Refer 0 ORCHARD TRUST CO TRUSTEEAD Cash Payment G101-21705 Other Retirement Invoice Transaction Date 3/17/2004 Due 7/12/2000 Primary Cash MN STATE RETIREMENT 10100 Refer 0 NATIONWIDE REVREMENT SOLU OBRA 92343Cash Payment O 101-21705 Other Retirement Invoice Transaction Date 3/17/2004 Due 7/12/2000 Primary Cash 10100 Refer 0 NATIONWIDE REVREMENT SOLU USCM - ENTITY 2339Cash Payment G 101 -21705 Other Retirement Invoice Transaction Date 3/17/2004 Due 7/12/2000 Primary Cash 10100 Refer 0 PUBLIC EMPLOYEES RETIREMEN Cash Payment G 101-21704 PERA Invoice Cash Payment G 101-21704 PERA Invoice Transaction Date 3/17/2004 PERA EMPLOYEE W/H PERA CITY SHARE Due 7/12/2000 Primary Cash 10100 Refer 0 UNITED WAY CHARITY DOf4ATIONSCash Payment G 101-21706 United Way Invoice Transaction Data 3/17^004 Due 7/12/2000 PrimefyCaah 10100 03/17/04 9:24 AM Page 1 Total Total Totel Total Tout ToUl Total Total Yo^ ..aiyali $4,336.29 $4.33629 $8,641.67 $17,314.25 $751.62 $751.62 $618.26 $618.26 $3,675.68 $3,675.68 $2.979 66 $2.979 68 $986 $966 $1.877 00 $1.877 00 $5,234.17 $6,701.58 $11,935 75 $7000 170.00 i ii CITY OF ORONO Payments 03/17/049:24 AM Pag# 2 Currtfit P#Hod: MARCH 2004 Refer WISCONSIN SCTf CMh Payment Invoice 0101-21712 Othar Deductions JOHNSON i000275i89B $184.62 Transaction Data a/17/2004 Due 7/12/2000 Primary Cash 10100 Total $164.62 Refer 0 MN CHILD SUPPORT PMTCTR Ceeh Payment Involoe 0101-21712 Other Deductions M Carlsoni0014164432 $0.00 Transaction Data 3/17/2004 Due 11/13/2003PrtmaiyCash 10100 Total $0.00 Refer 0 MN STATE RETIREMENT SYSTEM . Ceeh Payment Invoice 0101-21710 Post Employment Health postretlnment S243.99 TianoaoUonDeta 3/17/2004 Due 1/7/2004 Primary Cash 10100 Total $243.99 Fund Summary 101 GENERAL FUND 10100 Primary Cash $39,660.31 $39,660.31 Pre4/tfi1ttan Chech $0.00 Cheda to be Generated by the Compute 930.600.31 Total $30,600.31 i Ch9ck Number Employee Name Pay Period 052607 052608 052609 052610 052611 052612 052613 052614 052615 052616 052617 052618 052619 052620 052621 052622 052623 052624 052625 052626 052627 052628 052629 052630 052631 052632 052633 052634 052635 052636 052637 052638 052639 052640 052606 052641 052642 052643 052644 052645 052646 052647 052648 052649 052650 052651 052652 052653 052654 052655 052656 052657 DODGE. RACHEL M. LESKINEN. DENISE M. MOORSE. RONALD J. VEE. LINDA S. KUEHN. THOMAS M. OLSON. RONALD J. PETTIT. SANDRA K. ANDERSON.BRUCE L ARNE80N. JOSHUA A. BOBZIEN. SUE A. BORIS. SCOTT W. BUDIO. STACIE M. CARLSON. MICHAEL B. CORNICK. JAMES L DEMBOUSKt. JAY C ERICKSON. KURT R FARNIOK, CORREY L. FISCHENICH. DAN T. FISCHER. CHRISTOPHER K. GOOD. STEPHANY R. HENDRICKS. RONALD J. JOHNSON. JEFFREY MADSON. ADRIENNE M. MCNICHOLS. DAVID L. M0R0WC2:YNSKI. JAMES PERSELL. WILL AMR. SCHOENHOFF. JOHN B. TOMCHECK. LAWRENCE F. TOMC2YK. MARKW. WITTKE. ANTHONY A. MERMAN. JOHN R. LEE. JOSEPH P. BOLTERMAN. MATTHEW A. VOID BOTTENBERG. WENDY C. CHAPUT. JENNIFER L GAFFRON. MICHAEL P. GAPPA. GREGORY A. KANGAS. JAMES K. MEYER. WILLIAM C. OMAN. LYLE E. VANG. BRUCE L. BRINKHAUS. JOHN F DEBAERE. DONALD L GREGORY. JAMES D. HANSEN. STEVEN OBERAIGNER. SCOTT G OBRIEN. RANDY L. PALMER. GREGORY A RATHBUN. BARRY J. SKREEN. DALE S STEFFENHAGEN. RONALD 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 CITY OF ORONO check register Check Amount $1,020.13 $851.24 $12.18 $1,229.96 $1,014.46 $126.32 $534.67 $774.09 $622.94 $769.81 $1,437.53 $696.91 $271.39 $1,525.43 $1.495 34 $1,528.42 $1,620.49 $1,474.78 $143.73 $1,877.33 $1,276.79 $1,495.07 $528.07 $619.89 $1,601 67 $654.33 $1,521.21 $925.93 $1,456.61 $1,557.35 $84558 $274.06 $1,084.79 $0.00 $1,363.41 $1,239.70 $1.398 84 $1,706.74 $659.74 $682 05 $197.74 $649.16 $1.372 67 $1,185.03 $827 22 $1,21361 $731.79 $96910 $750 85 $1,458.16 $1,397.89 $1,362.54 $52.03474 Check Date Check Statue 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 OutsUnding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4G/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3^2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4AV2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 OuUtanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4^/2003 OutsUnding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Void 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 Outstanding 4/3/2003 OutsUnding 4/3/2003 OuUUnding 4/3/2003 OutsUnding 4/3/2003 OutsUnding 4/3/2003 OuUUnding 4/3/2003 OuUUnding 4/3/2003 OuUUnding 4/3/2003 OuUUnding 4/3/2003 OuUUnding 4/3/2003 OuUUnding 4/3/2003 OuUtanding 4/3/2003 OuUUnding 4/3/2003 OuUUnding 40/2003 OuUUnding 03/30/04 12:44 PM Page 1 1 I t 1 I nil CITY OF ORONO Check Detail Register© APRIL 2004 Check Amt Invoice Comment 10100 Primary Cashrye PaidChk# 076055 4^004 G 613-10300 Change Fund Totol CITY OF ORONO PETTY CASH-GOLF CITY OF ORONO PETTY CASH-GOLF $300.00 Change $300.00 2004 GC Change Fund Paid ChWi 078058 4/9/2004 XCEL ENERGY E 101-43000-366 E 101-41900-361 E 101-42110-361 E 101-42110-361 E 101-43000-361 E 602-49450-361 E 101-45200-361 E 613-49830-361 E 601-49400-361 Street Lighting Gas & Electric Gas & Electric Gas & Electric Gas & Electric Gas S Electric Gas & Electric Gas & Electric Gas & Electric ToUl XCEL ENERGY $1,296.39 $1,344.04 $942 $55209 $277.85 $1,21027 $2269 $197.21 $3,115.71 118059677707 Electical Service 118059677707 Electical Service 118059677707 Electical Service 110059677707 Electical Service 118059677707 Electical Service 118059677707 Electical Service 118059677707 Electical Service 118059677707 Electical Service 118059677707 Electical Service $8,025.67 Paid 6Klci 07605^ 4/12/2004 aTrENTAL E 613-49830-415 Other Equipment Rentals Tout A-1 RENTAL $5325 10793 Power Rake Rental $5325 ACCLAIM BENEFITSPaid ChW» 078060 4/12/2004 E 101-41900-469 Other Miscellaneous Charges E 101-41900-469 Other Miscellaneous Charges Total ACCLAIM BENEFITS $92.00 341918 $100.00 341919 COBRA Adm-3^004 FSAAdm-3/2004 $192 00 PaidChk# 678661 4/12/2004 AOT SECURITY SYSTEMS E 613-49830-403 Repairs/Maint-Misc. Equip $447.33 67743795 E 613-49830-403 Repairs/Maint-Misc Equip $476.44 67743796 Total AOT SECURITY SYSTEMS 2004 Security Service 2004 Security Service $923.77 Paid Chk# 078062 4/12/2004 ADVANCED IMAGING SOLUTIONS E 101-41900-413 Office Equipnwit Rental $1,096.10 19397215 Total ADVANCED IMAGING SOLUTIONS l^aid 6'78 o43 4/12/2004 04/09/04 12:53 PM Page 1 Paid Chk* 07B0S7 4/9/2004 UNITED STATES POSTAL SERVICE E 65149910-322 PotUge $197.51 1st qtrw/s bills E 60249450-322 Poatage $197.52 1st qtr w/s bills E 60149400-322 PoaUge $79.00 1st qtr w/s bills Total UNITED STATES POSTAL SERVICE $474.03 Copier Lease - 3/15-4/15/04 $1,096.10 AERO UPHOLSTERY E 101-43000-402 Repairs/Mamt-Auto Equip E 101-43000-402 Repairs/Maint-Auto Equip Total AERO UPHOLSTERY $262 28 617 $100 00 617 Repair Truck Seat Repair Truck Seat $36228 Paid Chk# 076064 4712/2004 ANDERSON, KRISTI E 101-45200-319 Other Professional Servicet Total ANDERSON. KRISTI $165 00 4/5A)4 Park Minutes • 4/5 $165 00 Paid Chk# 076065 4/12/2004 ARAMARK REFRESHMENT SERVICES E 101-41900-201 Office supplies $57.00 6013-382060 Coffee-CH E 101-42110-201 Offloa supplies $116 96 6013-362061 Coffee-PO Total ARAMARK REFRESHMENT SERVICES $173.96 Paid Chid 67B0M 4/12/2004 AbOIEB MOBILE CHEP t I CITY OF ORONO *Check Detail Registertg) 04/09/04 12:53 PM Page 2 APRIL 2004 Check Amt Invoice Comment E 61349900-093 Conoettloni For Reteie-Txbl $57.12 32115 Hot Dogt. Cheeseburgers Total AUGIES MOBILE CHEF $57.12 Paid ChM 078067 4/12/2004 AWWA E 60149400433 Memberthips & Subtcriptiont $114.00 Oberainger 2004 AWWA Membership Total AWWA $114 00 Paid CMdP 078068 4/12/2004 (SCAmUlNlMd A DEVELOPMENT E 10142110437 Training & Development Total BCA/TRAININO A DEVELOPMENT $375.00 1171 $375.00 Abduction Retponce Paid Chk# 076069 4/12/2004 BER0ER80N-CASWELL INC. E 60149400-405 Repaln/Maint-Watermalna/plant Total BERGER80N-CA8WELLINC. $2,720.00 122720000 $2,720.00 Repair. Well #3 Paid ChM 078070 4/12/2004 API OP MINNESOTA, INC E 10145200-404 Repairt/Maint-Bldgi/Groundi E 10145200-404 Repaift/Maint-Bldgt/Oroundt E 10141900489 Other Mlaoellaneout Cherpet Total BR OF MINNESOTA, INC $83.01 1307115 $60 33 1307214 $262.16 1307420 $414.50 Solid Watte - Bederwood Solid Watte • Summit Beach Solid Watte - CH Paid Chk# 078071 4/12/2004 BIFF8INC. E 10145200415 Other Equipmant Rantala $60.91 W216191 Portable • Bederwood Total BIFF8INC.$60.91 Paid Chk# 078072 4/12/2004 BOBZI6N. SUE E10142110-226 Clothing & pertonal equipment $59.98 3/22/04 Uniform Pantt Total BOBZIEN.SUe $59.98 Paid Chk* 078073 4/12/2004 BUDGET PRINTINO E 101-42110-322 Poataga $8 46 3/19/04 Shipping - SBC Paging Tout BUDGET PRINTING $8 46 ^aJd Chk# 0760>4 4/12/2004 CARDIAC SCIENCE E 10142110-221 Equipment Parta A Acoettories Total CARDIAC SCIENCE $109.24 517134 $10924 Oefib Padt f^ald Chui 078075 4/12/2004 CENTER POINT ENERGY -GC E 101-42260-381 GaaAEIactrtc $425.42 53900464400Gat Service - Nav Fire Total CENTER POINT ENERGY-GC $425 42 CENTERPOINT ENERGY E 101-42110-381 Gas & Electric E 101-41900-381 Gat & Electric E 601-49400-381 Gat & Electric E 602-49450-381 Gat & Electric E 101-41900-381 Gat & Electric E 601-49400-381 Gat & Electric E 613-49830-381 Gat A Electric E 602-49450-381 GatAElecOiC 1350.61 $428.53 $1,053.83 $51870 $1.037 36 $17290 $250 96 $4916 060006750600 Oat Service 060006750600 Gat Service 060006750600 Gat Service 060O06750C0O Gat Service 060006750600 Gat Service 060006750600 Gat Service 060006750600 Gat Service 060006750600 Gat Service Total CENTERPOINT ENERGY $3,862.05 PadChkf 078077 4/12/2004 CHUNKS LAKUHORE AUTO E 101-42110-402 Repairt/Maim-Aulo Equip E 101-42110402 RepNrt/MaM-Aiilo Equip E 101-42110-402 RepNrMlleInt-Aulo Equip E 101-42110-402 Repeim/Melnl-Aulo Equip $104.67 25172 $207.94 25173 $351 93 25182 $13 50 25187 Spot Mount #197 on. Trane-Sod 1ii6 OH Conor Note #166 Tke Repair #191 J CITY OF ORONO *Check Detail Register© 04/09/04 12 53 PM Page 3 APRIL 2004 Check Amt Invoice Comment E 231-45650-402 Repsin/Maint-Auto Equip E 101 *42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repaira/Maint-Auto Equip E 101 -42110-402 Repaira/Maint-Auto Equip E 101-42110-402 Repalra/Vaint-Auto Equip Tout CHUNKS LAKE8HORE AUTO $152.21 25197 $57 60 25199 $117.09 25206 $623.58 25232 $61.37 25284 $52.29 25294 Battery - Forfeit 0350 Remove Rack-#194 Oil, Diagnostics #190 Oil. Coil. Plugs #195 Oil. Mount Tires #198 Oil. Misc Service #193 $1,742.38 Paid 678^7^ 4/1^72004 CRY8TEEL E 101-43000-222 Vehicle Equipment & Parts _________ Total CRYSTEEL $488 71 $486.71 FP113365 PIOMf Mount #431 PaidChk# 078079 4/12^^004 DAYDISTRIBUTINOCO. E 613-49900091 Beer For Resale E 613-49900-093 Conceasiona For Resale-Txbl __________ Tout DAY DISTRIBUTINO CO. $104 00 $36.60 258781 $67.40 258781 Beer for Resale Snacks for Resale PaidChk# 078080 4/12/2004 DEMBOUSKI. JAY E 101-42110-437 Training & Development Tout DEMBOUSKI, JAY $70.09 2/11/04 $7009 Lodging-Dom Viol Training Paid Chk# 078081 4/12/2004 DEPT OF ADM • INTERTECH GROUP E 101-42110-311 Data Processing Communication $37.00 DV04020310 PVC - Circuit 2/2004 E 101-42110-321 Telephone E 602-49450-321 Telephone E 101-41900-321 Telephone E 601-49400-321 Telephone ToUl DEPT OF ADM-INTERTECH GROUP $51.00 $34 00 $68 03 $17.00 $207.03 W04020591 W0402059; W04020591 W04020591 Phona Servica Phone Servica Phone Service Phone Servica Paid Chke# 0786^2 4/12/2004 DEPT OF PUBLIC SAFETY E 101-42110-311 DaU Proceaaing Communication E 101-42110-550 Automotive Equipment ToUl DEPT OF PUBUC SAFETY $510.00 $36 00 $546 00 MN027 150041 Plates CJON.1*tOtr2004 Llcanca Plata* - New Sqds Paid Chk# 076063 4/12/2004 DEPUTY REGISTRAR E 101-42110-550 Automotive Equipment $40 50 Squads Regl* Sqd 199.200,201 Total DEPUTY REGISTRAR $40 50 Paid Chk* 078084 4/t 2/2004 DISCOUNT STEEL INC. E 101.43000-224 Street Mainl. Meterials/Supply Total DISCOUNT STEELING. $2397 $23 97 1204459 Miac Supplies E 101-43000>224 Street Maint Materiala/Supply E 101-43000-224 Street Maint Materiala/Supply Tout EARL F. ANDERSON A ASSOC. $211 74 56645 $3,835.25 58702 Street Sigri Street Signs $4.046 99 >aid Chkfi^ b780it6 4/12/20^ EGAN MCKAY ELECTRICAL CONTRCTR E 101-43000408 Contracted SUaet Maint $235 65 JC30113628 Hwy 12/Cty J Stop light ToUl EGAN MCKAY ELECTRICAL CONTRCTR Paid Chk/P 078067 4/12/2004 EUJ8, JOAN E E t0t.42400.319 Other Prohuional Services E tOt.41300-310 Other ProdMilonal Servicea ___ Tote) ELU8, JOANE Peid^hkl ^^2/2004 EXCELSkiw PIRE OtSTMCT $235 65 $440.00 4/1/04 $205 00 4/1/04 Piair Minute* 3/15/04 CCMiruitee3/22«4 $645.00 CITY OF ORONO *Check Detail Register® 04/09/04 12 53 PM Page 4 APRIL 2004 Check Amt Invoice Comment E 10M2260-31S Fire Seivicet E 425-48945-221 Equipment Parts & Accessories E 425-48945-222 Vehicle Equipment A Parts E 425-48945-240 SmaH Tools and Minor Equip E 101-42260-437 Training A Development E 425-48945-240 Small Tools and Minor Equip E 101-42260-437 Training A Development E 425-48945-550 Automotive Equipment E 425-48945-240 Small Tools and Minor Equip ToUl EXCELSIOR FIRE DISTRICT $34,765.79 $373 61 $1,757.71 $1,126.55 $390.00 $2,566.51 $1,570 00 $7,764.52 $1,554.70 3/17/04 3/17/04 3/17/04 3/17/04 3/17/04 3/17/04 3/17/04 3/17/04 3/17/04 2nd Qtr Fire Service Building Supplies Truck Supplies Tools Fire Fighter Training Chairs. Tables EMS Education Hoses Rescue Saw $51,869.39 Pakt^hki 07i6s^ 4/12/2004 FLOYO tOTAL SECURITY E 101-42110-404Repairs/Maint-Bldgs/Qrounds $225 00 722915 Repair-PD Door Total FLOYD TOTAL SECURITY $225.00 Paid Chk* 078090 4/12/2004 FORTI8 BENEPtTS 0 101-21713 LTD Insurance $845.38 4019825-1 LTOtnsuranca 4/2004 E 101-42110-135City Benefit Contribution $6 06 4019825-1 LTDtnsurance 4/2004 Total FORTIS BENEFITS $851.44 Paid Chk# 078091 4/12/2004 OAKSERVICE8 E 602-49450-226 Clothing A personal equipment $35.04 1006863566 Uniforms E 601-49400-226 Clothing A personal equipment $11.68 1006863566 Uniforms E 613-49830-226 Clothing A personal equipment $5.75 1006863566 Uniforms E 101-43000-221 Equipment Parte A Accessories $4781 1006863566 Shop towels E 101-43000-226 Clothing A personal equipment $70.09 1006663566 Uniforms E 613-49830-226 Clothing A personal equipment $575 1006870100 Uniforms E 602-49450-226 Clothing A personal equipment $37.92 1006670100 Uniforms E 101-43000-228 Clothing A personal equipment $75.87 1006870100 Uniforms E 101-41900-404Repairs/Maint-Bldgs/Orounds $94.25 1006870100 Mat Service - PW E 601-49400-226 Clothing A personal equipment $12.64 1006870100 Uniforms E 101-42110-404Repairs/Maint-Bldga/Qrounds $147 03 1006870101 Mat Service - PD E 101-41900-404Repairs/Maint-Bldgs/Grounds $54.90 1006870102 Mat Service - CH E 101-41900-404Repairs/Maint-Bldoa/Orounds $62.07 1006670103 Mat Service - CC Total GftKSERVICES $660 60 Paid Chk# 078092 4/12/2004 GENUINE PARTS CO. E 101-43000-221 Equipment Parts A Accessories $633 765406 Oil Filter E 101-43000-221 Equipment Parts A Accessories - i.ii 768245 Hi^d Lamp E 101-43000-221 Equipment Parts A Accessories ,,8.61) 769523 Credit - Return E 101-43000-221 Equipment Parts A Accessories $1071 775167 Oil Filter E 101-43000-222 Vehicle Equipment A Parts $66 02 779217 Blower Motor E 101-43000-222 Vehicle Equipment A Parts $2370 779328 Hoses E 10143000-222 Vehicle Equipment A Parts $13 73 779810 Fuses. Antenna E 10143000-222 Vehicle Equipment A Parts ($11063)779947 Return E 10143000-222 Vehicle Equipment A Parts $99 98 779951 Blower Motor E 10143000-222 Vehicle Equipment A Parts $5.74 780002 Retainer E 60149400-222 Vehicle Equipmer>t A Parts $29 38 780003 SO Holder E 10143000-222 Vehicle Equipment A Parts $627 780038 Misc Supplies E 10143000-222 Vehicle Equipment A Parts $31 94 780613 Bsriight E 101-43000-222 Vehicle Equ^mient A Parts $3194 780614 BartUght F 01-49400-222 Vehicle Equipment A Parts $18.53 760832 Tors E 101-43000-222 Vehicle Equipment A Parts $8.27 781251 Misc Supplies E 101-43000-222 Vehicle Equipment A Parts $19 31 761266 Shop Supplies E 101-43000-222 Vehicle Equipment A Parts $1702 781368 AnUfreeae E 101-43000-221 Equipment Parts A Acoessories ($11.96) 781497 Credits - Billing Errpft CITY OF ORONO *Check Detail Register® 04/00m 12:53 PM Page 5 APRIL 2004 Check Amt Invoice Comment E 101 -43000-221 Equipment Parts A Accettoflet E 101-43000-222 Vehicle Equipment A Parts Tout GENUINE PARTS CO. $1.48 781498 $73.64 781629 Oil Shop Supplies $374 32 Paid Chk# 078093 4/12/2004 OERRINO'8 CAR WASH E 101-42110-402 Repairi/Maint-Auto Equip E 101-42110-402 o*''slr8/Maint-Auto Equip E 101-42110-402 Repeiri/Maint-Auto Equip E 101 -42110-402 Repairs/Maint-Auto Equip E 101-42110-402 Repeirs/Maint-Auto Equip Total OERRINO'8 CAR WASH $6.00 $8.00 $11.00 $1350 $8.00 3/16/04 3/22/04 3/31/04 4mm 4/6/04 Car Wash Car Wash Car Wash Car Wash $48 50 ORAPIXSHOPPEPaid Chk# 078094 E 101-42110-550 Automotive Equipment Total ORAPIX SHOPPE $969.00 348 39 GraphicsSqds 199 200.201 $969.00 HAMEL BUILDINO CENTERPaid ChWr 078095 E 101-43000-221 Equipment ParU A Accessories ToUl HAMEL BUILDINO CENTER $46 01 9132 Lumber $46.01 Paid Chk# 078096 4/12/2004 HENNEPIN CO-OP SEED EXCHANGE E 613-49830-223 Bldg/Grounds Maint Supplies $106 4 5 67564 E 613-49830-223 Bidg/Orounds Maint. Supplies Total HENNEPIN CO-OP SEED EXCHANGE $25975 67647 Grass Seed Grass Seed $366.20 'P«y dfaog? 4/12/2004 hennepin county infor tech dpt E 101-42110-414 EDP/Communicaliona Equip Rent $1,541.69 24038026 Totel HENNEPIN COUNTY INFOR TECH DPT $1.541 89 Radio Lease 3/2004 PaidChki 078098 4/12/2004 HENNEPIN TOUNTY SHERIFF E 101-42110-437 Training A Development $30.00 19 Total HENNEPIN COUNTY SHERIFF 2004 Reserve School $30 00 Paid Chk# 07S099 4/12/2004 HENNEPIN COUNTY TR-TAX PYR SRV E 313-4700(Mfl9 Othar Miscedanaous Charges $49 50 3/18/04 E 314-47000-489 Othar Miscellanaowt Charges $55 50 3/l8A)4 E 311 •47000-489 Other Miscadaneous Charges $61 50 3/18/04 E 60."-49450-489 Other MIscedaneous Charges $245 55 3/18AM E 601-*«9400-489 Other Miscellaneous Charges $9 00 3/18/04 E 406-48fSS-489 Other Miscellaneous Charges $9 00 3/18/04 Spec Assmnt Service Chrg Spec Assmnt Service Chrg Spec Assmnt Service Chrg Spec Assmnt Service Chrg Spec Assmnt Service Chrg Spec Assmnt Service Chrg Total HENNEPIN COUNTY TR-TAX PYR SRV $430 05 Paid ChiUP 078100 4/12/2004 HENNEPIN COUNTY TREASURE-SURVE E 101-41900-201 Office supplies $54 00 401 ToUl HENNEPIN COUNTY TREASURE-SURVE $54 00 Paid Chk# 078101 4/12/2004 HYDRO METERING TECHNOLOGY E 601-49400-221 Equipment Parts A Accessories $31 90 26159 GiS Shape nies Screwdriver Total HYDRO METERING TECHNOLOGY Paid Chk# 678102 4/12^^664 $31.90 KENNEDY A GRAVEN. CHARTERED E 234-45680-307 Legal-ConsulUng $1,036.14 60775 E 101-43290-800 Special Projects. Contingency Total KENNEDY A GRAVEN. CHARTERED $660 36 60775 MNDOT/lurton Matter MNDOT/Borgert Matter $1.696 52 Paid Chk# 678103 4/12/2004 KENNETH H. POTTS, PA E 231-45650-307 Legal-ConsuWng $119.00 3/16A)4 Wlteon ForfilturB CITY OF ORONO Check Detail Register© 04/09AM 12:53 PM Page 6 APRIL 2004 Check Amt Invoice Comment E 231-45650-307 Legai-Consutting E 101-41600-306 Legal-Prosecution Total KENNETH N. POTTS. PA $231.00 3/1 d/04 $2,500.00 4/2/04 Janke Forfeiture Prosecutions 3/2004 $3,550.00 PaidChk# 078104 4/12/2004 LANO EQUIPMENT E 101-43000-221 Equipment Parte & Accessories $34.42 105229 Total LANO EQUIPMENT Flow VaK/e $34.42 Paid cm 076105 minXHQA LEAGUE OF MN CITIES E 101-41900-201 Office supplies E 101-41900-201 Office supplies Total LEA6ME OF MN CITIES $63.00 5-000000875 $353.06 Directory $41606 LMC Bulletin • Auditors 2004 City Directory Paid Chki 078106 m 2/2004 LEXI8NEXI8 MATHEW BENDER E 101-42110-208 Books & Periodicals Total LEXISNEXIS MATHEW BENDER $61 56 80860206 Traffic Violations $61.56 PaidChki 078107 4/ E 101-41900-329 E 101-42110-310 E 101-42110-329 E 101-42110-311 E 101-42110-310 E 101-42110-401 E 101-41900-401 E 101-41900-401 E 101-42110-401 2/2004 LOGIS Other Communications LOGIS-Applicationa Other Communications Data Processing Communication LOGIS-Appitcatiops Repairs/Maint-Offica Eoulp Repairs/Maint-Office Equip Repairs/Maint-Office Equip Rapairs/Maint-Office Equip Total LOGIS $196.50 $1,676.00 $196.50 $30 00 $199 26 $572 00 $44.00 $572 00 $44.00 23934 23934 23934 23934 23964 23991 23991 23991 23991 Internet 2/2004 Police Records 2/04 Internet 2/2004 Henn County Con 2/04 Add License - Reflections Server Migration Anit Virus Sorver Migration Anil Virus $3.730 26 Paid Chk# 078108 4/12/2004 LONG LAKE POWER EQUIPMENT E 101-43000-221 Equipment Parts A Accessories $51 36 52760 E 101-43000-221 Equipment Parts & Accessories $9 04 52761 Total LONG LAKE POWER EQUIPMENT Safety Chain Bar Oil $60.42 Paid Chk» 078109 4/12/2004 LONG LAKE. CITY OF E 101-42260-318 Fire Services ToUl LONG LAKE. CITY OF $51.284 50 20030096 Fire Protection - 1st Qlr $51,284.50 Paid Chk# 078110 4/12/2004 MAP UTILITIES INC. E 601-49400-405 Repairs/Maint-Watermains/piant ToUl M A P UTILITIES INC. $49 50 66650 Locate • Main Break $4950 l»a<JChK# Oriill 4/12/2004 MAMA.GMC LABOR RELATIONS SERV 1:101.42110-319 Other Profe;.S«fvtCM Total MAMA.OMC LABOR RELATIONS SERV $2.830 00 2/15/04 Sub Service - 3/15/04-05 $2.830 00 Pad Chk# 076112 4/12/2004 MCLEOD USA - PHONE BILLS E 101-42110-321 Telephone E 602-494: 3-321 Telephone E 602-49450-321 Telephone E 601-49400-321 Telephone E 601 -49400-321 Telephone E 101-41900 321 Telephone Total MCLEOD USA - PHONE BILLS $204 89 $53 12 $3944 $22.77 $4295 $478 08 604893 604893 604693 604893 604893 604893 Phone Servioa Phone Service Phone Service Phone Sen/ice Phone Service Phone Servioi $841.25 Paid Chki 0781 f3 4/12/2004 MEDIA COM E 613-49630-415 Other Equipmant Rentals $5 58 039631 Equip Rental r CITY OF ORONO 04A)0/04 12 S3 PM Page 7 *Check Detail Register© APRIL 2004 Check Amt Invoice Comment ToUl MEDIA COM $5.58 PaidChk# 076114 4/1272004 MEDICA O 101-21706 O 101-15996 O 101-21706 O 101-15996 O 101-21706 O 101-21706 Hospitalization/Medical tna Non-Employee Health Ins HospRalizatioo/Medicai Int Non-Employee Health Ina Hoapitatizationi^edlcai Ins HoapKaHzatioa'Medical Ins Total MEDICA $11.474 97 104092102552 Medica High - 4/2004 $1,549.67 104092102552 Medica High -4/2004 $1,760.66 104092122585 Medica Lorn • 4AM ($1,085.44) 104002125468 Medica Elect - 4/2004 $9,747.99 104092125468 Medica Elect-4/2004 $731.11 104092134225 Medica Essentials - 4/04 $24,179.16 l>aldCIJdll 6^8115 MET COUNCIL ENVIRONMENTAL SVCS E 601.4B40(M41 UcenMsATaxM 899.S2 772429 Total MET COUNCIL ENVIRONMENTAL 8VCS 2002 Strength Charge $99.52 TOdChk# 076116 4/1 2A?004 MIDWEST COCA COLA BOTTLING CO E 613-49900-092 Soft Drinks For Resale $962 00 95501015 Total MIDWEST COCA COLA BOTTUNO CO Soda for Resale $962.00 PaidChk# 076117 4/12/2004 MIDWEST FUELS E 101-43000-212 Motor Fueia & Lubricants G 101-14101 Gasoline Inventory Total MIDWEST FUELS $757.54 $3.44518 15198 15198 604.1 Gals Diesel 2102 Gals Unleaded K202.72 Paid ChM 078118 4/12/2004 iMINNEAPOLIS OXYGEN COMPANY E 101-42110-221 Equipmant PatU & Accataorles $16.84 RI03040a56 Cylinder Rental Total MINNEAPOLIS OXYGEN COMPANY $16 84 PaidChk* 078119 4/12«004 MINNETONKA BEACH, CITY OF E 602-49450-367 Intergovernmental Services $9600 Total MINNETONKA BEACH. aTY OF $96 00 2090 Shore Sewer Service - 2090 Shoreline PA Chk# 076120 4/12/2004 MOBILE RADIO ENGINEERING INC. E 101-43000-403 Repairs/Maint-Misc Equip _ $147 47 114996 ToUl MOBILE RADIO ENGINEERING INC. Radio Repair $147.47 PaidChk# 076121 4/122004 MPLS DEPT OF HEALTH A FAMILY E 101-42110-319 Other Prctessional Services $94 00 2004326 Total MPLS DEPT OF HEALTH A FAMILY Lab Analysia - 04-0249 $94 00 Paid Chk« 67A122 4/12/2004 MR AUGIES COFFEE SERVICE E 613-49900-092 Soil Drinks For Raaala $49 50 21603 Total MR AUGIES COFFEE SERVICE Coffee for Resale $49 50 Paid Chk# 076123 4/12/2004 MUNICIPAL CODE CORPORATION C 101-419(X)-319 Other Professional Services $361 33 60266 Total MUNICIPAL CODE CORPORATION Supplement Reprints $361 33 Paid Cl^k« 076124 4/12/2004 NAVARRE AUTO REPAIR C 101-42400-402 Repairs/Maint-Auto Equip Total NAVARRE AUTO REPAIR $40 55 175457 OU Chg. Wipers-B&Z $4055 PaldChU 078126 4/12/2004 NAVARRE HARDWARE E 101-43000-224 Street Maint Materlala/Supply E 101-43000-224 Street Maint Malerlala/Supply E 101-43000-221 Equipment Parte A Acoosaoriaa E 601-49400-221 Equipment Parte A Acoessoriei $1011 $1-57 13 30 $1363 131328 131329 131331 131332 Mailbox Adh Numbers Key Circuit Teeter CITY OF ORONO *Check Detail Register® 04/0S 34 12 53 PM Page 9 APRIL 2004 Check Amt invoice Comment Total PIONEER PaidbhkI 0^8133 4/12^^664 POST BOARD E 101-42110-441 Uoenset A Taxes E 101-42110-441 Lioenses A Taxes E 101-42110-441 Lioenses A Taxes E101-42110-441 Licenses A Taxes E 101-42110-441 Licenses A Taxes E 101-42110-441 Lioenses A Taxes E 101-42110-441 Licenses A Taxes E 101-42110-441 Licenses A Taxes E 101-42110-441 Licenses A Taxes E 101-42110-441 Lioenses A Taxes Total POST BOARD $254 72 $90 00 $90.00 $90.00 $90.00 $90 00 $90.00 $90.00 $90.00 $90.00 $90.00 License License License License License License License License License License License License License License License License License License License License FischenWi Good Fischer Erickson Dmbouski Day Famiok Ar>derson Boris Comick $900 00 O 101 -15996 Non-Employee Health Ins G 101-21710 Life Insurance G 101-21710 Lifd Insurance Total PRUDENTUL UFE INSURANCE $4.95 3/2004 $67.75 3/2004 $666.50 3/2004 Life Insurance 3/2004 Life Insurance 3/2004 Life Insurance 3/2004 $759.20 Paid 6hkk 078134 4/12/2004 PRAIRIE OFFSET E 101-41900-201 Office supplies Total PRAIRIE OFFSET $792.70 119957 $792.70 Letterhead, Resotutiona Paid ChU» 078135 4/12/2004 PRAIRIE RESTORATIONS INC. E 101-45200-404 RapalraAMnl-SIdga/Grounda Total PRAIRS RESTORATIONS INC. $202.35 SI 284 $20235 Mowing - Fr Creek Park Paid Chk# 078136 4/12/2004 PROTECTION ONE ----- E 101-41900-489 Other Miscellaneous Charges Total PROTECTION ONE $179.00 12677951 $179.00' 2nd Qtr 2004 Monitoring Paid CMdl 078138 4/12/2004 PUBLIC SAFETY EQUIPMENT CO. E 101-42110-403 Repaifa/Maint-Misc. Equip $75.00 626 Video Sys Maint ToUl PUBUC SAFETY EQUIPMENT CO.$75.00 Paid ChkA 078139 4/12/2004 QWEST E 613-49830-321 Telephone $81.28 9524739904 Phone Service Total QWEST $61.28 PaMlCbMI 078140 4/12/2004 REEOVENOINQ E 613-49900-093 Concattiona For Resale-T)d>t $140.75 4521 Snacks for Resale ToUl REEO VENDING $140.75 PaidChki 078141 4/12/2004 SBC PAGING E 10142110-321 Talepirana $4011 20261004046 Police Pagers 4/2004 Total SBC PAGING $40.11 PaidChki 078142 4/12/2004 SNYDER DRUG «5039 E 101-42110-201 Offlotaupplw^$46 02 3/18/04 Film E 601-49400-227 UtiWy SyMam Ktaint Supplwa $2 23 V7V0A Ptndls E 101-42110-201 Offlcaaupplea 16347 vym Batteries Total SNYDER DRUG #8039 $111.72 Paid chIdP 678143 AiiihoiA f/upIrior ford E 101-42110-550 AotomoWe Equipment $22,446 00 17143 Squad 199 CITY OF ORONO *Check Detail Registei© 04Mf04 12:53 Pfyi Page 10 APRIL 2004 Check Amt Invoice Comment mm E 101-42110-550 Automotive Equipment E 101-42110-550 Automotive Equipment Total SUPERIOR FORD $22,446.00 17144 $22.446 00 17145 Squad 200 Squad 201 $67,336.00 Paid 6hk# 076144 4^12/2004 THE HOME DEPOT E 101 -43000-240 Smalt Tools and Minor Equip E 101-42110-221 Equipment Parte A Accettoriei Total THE HOME DEPOT $162.60 3/10/04 $76.04 3/15/04 Shovels Supplies - Scale $256 64 Paid Chk# 07614i 4/12/2004 THORPE 6iST CO. E 613-49900-091 Beer For Resale Total THORPE D18T CO. $154.45 329683 Beer for Resale $154.45 Paid Chk# 076146 4/12/2004 TOLL OA8 A WELOINO SUPPLY E 101-43000-224 Street Malnt Materiali/Supply $103.94 296139 E 101-43000-224 Street Malnt. Malerlals/Supply _____$5.77 441355 Total TOLL QAS S WELOINO SUPPLY $109 71 Welding Supplies Cylinder Rental t^eld 6kU' TWIN CITY APPRAISALS E101-43290-800 Special Protects. Contingancy Total TWIN CITY APPRAISALS $750.00 24033438 $750 00 MNDot/Carlson Prop ApprsI f>aU £hU 6I6UI 4/12/2004 TWIN CITY HARDWARE E 101-42110-404 Repaira/Maint-BldgslOrounda $1.246 45 49267 Back Door - PD Total TWIN CITY HARDWARE $1,246.45 PaU Chk# 076149 E 101-42110-226 Clothing S personal equipment E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing & personal equipment E 101-42110-226 Clothing S personal equipment E 101 -42110-226 Clothing & personal equipment E 101-42110-226 Clothing S personal equipment Total UNIFORMS UNUMITEO $129.45 $204.22 $27 00 $644.12 $104.79 $104.79 214726 215303 215604 216523 217579 217657 Shoes - Erickson Uniforms - Day Insoles - Erickson Uniform - Pharo Uniform - Been Uniform - Otto $1,214.37 Paid Chk# 076150 4/1^004 UNIV OF MINNESOTA E 101-43000-437 Training A Development Total UNIV OF MINNESOTA $360 00 4/27/04 Spring Malnt Expo $360.00 4/12/2004 veri ^6n E ei 3^9630-340 General Advaitiaing Total VERIZON DIRECTORIES Paid Chk« 078152 4/12/2004 VERIZON WIRELESS E 101-41900-321 Telephone Total VERIZON WIRELESS $L. -lO 380007594601 Dire«ofyAdv $36 40 $114 69 3530967378 CellPhonea $114 69 k^aidiKkl 678193 4/12/2004 VILLAGE CHEVROLET E 101-42400-402 Repalra/Maint-Auto Equip ToUl VILLAGE CHEVROLET $59 59 37537 Pad K4 9210 $59 59 Paid 6hk« 078194 4/12/2004 VOOT HEATING S AIR E 10142110-404 Repairs/Maint-Bldga/Grounds E 10141900-404 Repairs/Maint-Bldgt/Orounda Total VOOT HEATING A AIR $39444 16953 $48209 16953 2004 Furnace Maint 2004 Fumeoe Maint $676 53 Chk# 078155 4/12/2004 WAYZATA, CITY OF CITY OF ORONO *Check Detail Register^) 04/09/04 12:S3 PM Pag« 11 APRH.2004 E 601-40400>387 Inttrgovamnwntal 8«fvlon Total WAYZATA.CrrYOF Chocit Amt lmo}( S2.469.39 UtQtr _Conjmofrt Purch Wator* 1st WIr 2004 12,465.39 PiWChkf 078156 4/120004 WE8T8I0E WHOLESALE TIRE E 101-43000-222 Vohielo Equipmont A Parts $384.59 528377 E 101*43000^3 Ropaln/Malnt>Mlsc Equip $19.00 928701 Total WE8T8I0E WHOLESALE TIRE $399.59 Trailer Him Tiro Repair-Bobcat Paid6ik« 078197 4/12/i604 V^IOHTNENisEPINELECTRlC E 602-49450-381 Oaa&Elactiic $35.72 3113009200 E 101-43000-381 Ou A Electric $30.84 3113009200 E101-43000-381 Oas A Electric $20.01 5015782900 Total WRIOHTHENNEPm ELECTRIC $86.97 Electleal Seivloa Elactleal Seivloa Eladridly-1160 Willow -iTTTTc'Paid CtMl 078158 4/12/2004 X^T E101-42260-381 Oaa A Electric Total XCELENEROY $392.29 116194914708 Eloclidly • Nav Fire $39229 10100 PilmaiyCasli $266,736.33 Fund Summary 101 GENERAL FUND 231 ORUQ/FELONY FORFEITURE FUND 234 DONATED PARK 311 1097 IMPROVEk^NT BOND 313 1909 IMPROVEMENT BOND 314 2000 IMPROVEMENT BONO 406 PERMANENT IMPROVEMENT REVOLVE 425 NAVARRE FIRE STATION PROJ FUND 601 WATER OPERATING FUND 602 SEWER OPERATING FUND 613 GOLF COURSE 651 STORM WATER UTILITY OP FUND 10100 Primary Cash $232,536.87 $1,20221 $1,036.14 $61.50 $49.50 $95.90 $9.00 $15,143.60 $10,093.52 $2,681.89 $3,889.09 $197.51 ! $266,736.33 CITY OF ORONO ch«ck regtetor 04A)6/04 7:12 AM Pagel ChMk NtimlMr EmploifM Nanw 053997 PETERSON, BARBARA 093995 MCMILLAN, ELIZABETH T. 053999 MOORSE, RONALD J. 054000 SANSEVERE. ROBERT K. 064001 MURPHY, JAMES L 094002 WHITE, JAMES M. Pty Period Check Check Anioiifit Oat* Check Status $323.22 4/12/2004 Outstanding $269.36 4/12/2004 Oulatanding $369.40 4/12/2004 Outstanding $269.36 4/12/2004 Outstanding $269.36 4/12/2004 Outstanding $269.36 4/12/2004 Outstanding $1,770.06 1 INFORMATION • • ITEMS COUNCIL MEETING conw^*' »«pfrriNG APR t 2 2004 OF CITY OF ORONO • % F 4 • 9M *■ ^ m 6 cUOA MEMORANDUM TO: ATTN; ORONO CITY COUNCIL FROM: MAYOR BARB PETERSON COUNCIL MEMBERS: JIM MURPHY, JIM WHITE & BOB SANSEVERE ORONO ISO #278 Judy Micke - Admin. Offc. 952-449-8308 DATE: RE: April 5.2004 ORONO SPIRIT OF COMMUNITY SCHOLARSHIP AWARD and Kyrsta Cadson-Pan^psK^orycSIol^^^fa^^^^^ Thank you for providing this generous donation. M WHi t • T Febaiary 13.2004 Wayzata, MN 66391 Orono Public Schools district N o. 278 D istrict office Dear Krysta: •he 0,»no Com“ sp?So03, Krng7orgS“'''®‘' Best Wishes fo, continued success at Arsons State University, Sincerely, ''V/yUiL. JudvA Mi>L» 685 Old Crystal B ay Judy A. Micke Administration Office ^*i®ckNo. 135051 ^cJfc^IKT district no . 278 INDEPENO sS,5S SSE^Jir ^ MINNETONKA eEAcTo^'"-™'”" .vendor no 27308 check no ^ 02/12/04 133031 VOUCHER CHECK *******500 rv/^ dollars 00 CENrs CARLSOW-PARu PSKV, krysta ■LBLItisUlyUll *500. 00 CONTROL NUMBEF 135053 rs-Kg 910 -»3S05iM .:o„ooaeg„; soq-qjTJ •4 I FEB-04-e4 01:04 Pn »t * V % II IIMV.9 DAVID PARUPSKY 6124717409 K. tia U ii iUiv.tiix Pa«c I of 2 Menu Logout K-r-, • t I- p,Mc-. p„. j. Arizona Stata Univarsity Grade Report Fall 2003 PcOURSEf%mmmmrn9-9 *» ___ -;_5--- - ______________ B S |M COB 194 ^AT 2i q__ ^PGS’lO? »0 • * |M ENG 101 mTcn'iii • 04 • COURSE TITLE [special topics BRIEF calculus FRESHMAN PRE-BUSINESS — SEM HRS, nr GRADF fiNTRO TO PSYCHOLOGY ' fFIRGT-YEAR COMP" [ma CR ’oECON PRINCIPLE C L .. GRADE PTS. B (s|r7r feuM ^.•00.4 • ,__EARNED HOURS iriiUSUl-« ..T.'.t'-----I ■ ^ 13.C 13.0 12 0r12.0 NET HOURS B -s: 13.0 13.0 .JL GRADE POINTS "iFo 46 0 •• • ABAeM* DEFICIENCY • I II. GPA 3.54 354 STATUS; riEAfi.i Hr-Hui- I Tvi'(;ONr:r>ATi.>i.ATTnNj-.. grade pro^SSg occur?o?ol?2?nd Jf y?u ?eqt!? offla'SIfanscr^S^b final the above classes, contact Academic F.tes at (480) 965-72^^^^^ ® B - . Grad es A Excellent Good Average Passing Failure Incomplete Withdrawal Audit Satisfactory Pass NR No Report E r t___ Course in Progress • ^ ^ * . * ' ■■■ .iiSS Explanation of Law Grades 90-99 Distinguished 0S-89 Excellent 80-34 Very Good 75-79 Good 70-74 Satisfactory 60-69 Deficient F89-SS01 59 Failing F89-SS01 65-69 Deficient FOI 8^ Failing FOl- HH High Honors H Honors Explanation of Status ';u.' iiA.i’. I'ViL ..i.l i; ;ai^ piKMe rs9 m* • Good Sts-id Eord.-r!:,?o • wOMtmmnQ ProLatian • wit^quaiiftecj • Dean's Huno" l;>i • Pe.iiic k Srhf>t>if *1* Ll'iik i ^ “ ‘till —.. ssss «Uv. •p.wdtir,, o. s<ifflr!.*;ur ■.'Th. Ii ■vpctffcl; :nii n ........... Irctjii£t«;i I ~ iru -iiii Ti?----- . £ c.iniuiari.ve c:rA. 2/3/OJ FEB-04-2004 13:49 6124717405 955? I It ; P