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05-13-2002 Council Packet
n AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 13,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1. Anprove/Amend MAY \ 3 2002 cnt w OHutvo COUNCIL VACANCY 2. Declaration of Vacancy on Council - Resolution 3. Appointment of New Council Member - Resolution A. Oath of Office APPROVAL OF MINUTES * 4. Regular Council Meeting of April 22,2002 PARK COMMISSION COMMENTS • Rick Meyers, Representative PLANNING COMMISSION COMMENTS > Sandy Smith, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Pcnon) ZONING ADMINISTRATOR'S REPORT 5. #02-2772 John and Donna Crotteau, 1405 Sixth Avenue North - Variances - Resolution 6. #02-2778 Kevin Manley on behalf of Manley Brothers Construction, 1973 Fagemess Point Road Variances - Resolution 7. French Creek Homeowners Association • Request to Install a Holding Tank 8. Joint Use Dock Licenses MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 9. Quotations for Highwood Road Storm Sewer Project 10. Quotations for Lift Station Control Panel Replacements CITY ADMINISTRATOR'S REPORT 11. Pay Request - l.otig Lake Fire Station 12. Schedule Work Session 13. Release of Easements on Orono Oaks Properties 14. Purchase Agreement for City Property at 2765 Kelley Parkway 15. RecodificationCosts 16. Request to Advertise, Hire - Temporary, Full Time Clerk-Typist Position L i....... AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MAY 13,2002,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA 17. Request to Advertise • Community Service Officer Position 18. Request to Dispose of 1999 Ford Crown Victoria Squad Car (8183) 19. 1991 Public Facilities Revenue Bunds Debt Service Fund Close Out - Resolution 20. 1995 0.0. Refunding Bonds Debt Service Fund Close Out - Resolution 21. 2000 Sewer Construction Fund Close Out • Resolution 22. Budget Amendments for Year 2001 23. Request for Legal Fee Increase CITY ATTORNEY’S REPORT 24. LICENSES Garbage Haulers Kennel License Special Event * 25. BILLS UPCOMING ISSUES AND EVENTS 2002 05/11 -Spring Cleanup Day-Construction Debris Only, Saturday, 8:00 a.m. - 2:00 p.m. 05/13 - Reconvened Board of Review, 6:30 p.m. 05/13 -Council Meeting, 7:00 p.m. 05/14 -PlaiuiingConunission Work Session, Tuesday, 5:00 p.m. 05/18 -City of Orono Open House and **Police Chase** Wall^un, Saturday, 8:00 a.m. - Noon 05/20 -Platuiing Commission, 6:30 p.m. 05/25 - Leaf and Grass Disposal, Saturday, 8:00 a.m. - Noon 05/27 - HOLIDAY, Memorial Day Observance 05/28 -Council Meeting, Tuesday. 7:00 p.m. 06/03 - Park Tour, 5:30 p.m. 06/08 • Leaf & Grass Disposal, 8:00 a.m. - Noon 06/10 - Council Meeting, 7:00 p.m. 06/17 - Plaiming Commission, 6:30 p.m. 06/24 - Council Meeting, 7:00 p.m. Public Attendance Meeting Date .b, /3 i3sCouncil □ Planning Commission □ Park Commission □ Other Please hll out the information requested BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1..■5RllkTtK 2. 3. 4. 5. 6.. 7.. 8. 9.. 10.. 11.. 12. 13.. 14. 15. X:\OMaVA4iBMMrailm tappaflVifonH - OMVTOliMSWBUC.ATr REQUEST FOR COUNCIL ACTION COUNCIL MEETlN^i HAY 1 3 2002 CITY OF ORONO DATE: May 9,2002 ITEM NO: Department Approval: Name RonMoorse Title City Administrator Adminbtrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Declaration of Vacancy on City Council - Resolution With the resignation of Council Member Dick Flint effective April 26, 2002, a vacancy currently exists on the Council. The first step required to fill the vacancy is to adopt a resolution declaring a vacancy on the* City Council. A resolution is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution declaring a vacancy on the City Council. 1 1 A RESOLUTION DECLARING A VACANCY IN THE OFFICE OF COUNCIL MEMBER OF THE CITY OF ORONO WHEREAS, with the resignation of Richard Flint from his position as Council Member, a vacancy has been created on the Council of »he City of Orono, Minnesota effective April 26,2002. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare that a vacancy now exists for the office of Council Member for the City of Orono, Minnesota. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on May 13.2002. ATTEST; Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ____I COUNr.il. MEETINO MAY 1 3 2002 REQUEST FOR COUNCIL ACTION UH OflONO DATE; May 9,2002 ITEM NO; 3 Department Approval; Nirac RonMoorse Title City Administrator Administrator Reviewed;Agenda Section; City Administrator’s Report item Description: Appointment of Council Member to Fill Vacancy on the Council - Resolution Dick Flint’s resignation from his position as Council Member has created a vacancy on the City Council. City Council vacancies are filled by Council appointment until an election is held. In this case, the new appointee will serve the remainder of Council Member Flint’s term which expires on December 31,2002. An election will be held in November of2002 to fill the position for a four-year term beginning on January 1, 2003. The Council may at this time take action regarding an appointment to fill the vacancy on the Council. A resolution is attached for Council consideration. COUNCIL ACTION REQUESTED; Motion to adopt a resolution to fill the current vacancy on the City Council. A RESOLUTION OF APPOINTMENT TO FILL A VACANCY ON THE CITY COUNCIL WHEREAS, Richard Flint has resigned from his position as Council Member creating a vacancy on the City Council effective April 26,2002; and WHEREAS, the City Council adopted Resolution No. Vacancy on May 13,2002. Declaring a Council NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, Minnesota, appoints______________________________________to fill the vacancy. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on May 13,2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor BIOGRAPHICAL SKETCH James L. Murphy, doing business as JLM International, has spent the last 15 years specializing in “The Art and Science of Leadership". Prior to establishing his present consulting practice Jim was the senior internal consultant to the Chairman, President, OfTicers, and management team at US WEST, a major global teleconununications company. In this role, he consulted regularly to the Office of the Chairman executive team, worked personally with members of the Senior Leadership team, directed a team of Organizational Development consultants, directed succession planning and recruiting for the Corporation, and directed the national award winning, “Women of Color Project”. As Executive Director, Leadership and Organizational Development, he designed and taught numerous executive corporate workshops on strategy and “change". The most recent, “Issues and Strategies", was the prime leadership conference series for 1000 senior managers and company officers, it began in 1986 and ran continuously for 8 years. Before US WEST, Jim was employed at Northwestern Bell and AT&T. He graduated in 1965 from the University of Nebraska with a degree in Business Administration. In his current practice, Jim continues to provide a wide range of consulting services to organizations and e.xecutivcs in the international, regional, and local arenas. I'hese services cover the full spectrum; from personal, one-on-one coaching, to the design of and teaching in high impact meetings and conferences on strategy, vision, leadership, teamwork, and change management. In the not-for-profit sector, Jim has consulted with and facilitated strategy development sessions for executive teams of the Minneapolis Chamber of Commerce Board, Colorado UPlifi, Minneapolis Foundation Itasca Conference, Arts Midwest, the National Sports Center for the Disabled, and the Minnesota Transportation Museum. In the International arena, Jim has designed and taught multiple week-long executive leadership conferences for one of the top 3 global strategy consulting firms. He consults in Indonesia and Taiwan with joint venture firms and is consulting with the CEO and senior leadership team of an international training company. 7- In addition to his ongoing consulting work, Jim is an accomplished speaker, motivator, teacher, and writer. He speaks regularly on subjects such as organizational change, leadership, morale, culture and the societal impacts of business change. Jim is certified by the ARBINGER CONSULTING GROUP to teach personal responsibility and organizational dynamics. His own model, called, **The LEADERSHIP CONTINUUM", lays out the stages one goes through to achieve “true" leadership and is continually received enthusiastically by a variety of executive audiences and teams. lim is presently representing the City of Orono, Minnesota in negotiations with the State Department of Transportation regarding highway construction issues, is on the joint negotiating team that successfully facilitated the MnDOT buyout of the Long Lake City Hall, Fire Station, and maintenance facility and is a Orono representative on the joint building conunittee charged with design and construction of a new fire station. Jim’s academic lecturing and teaching include the Kellogg Graduate School, Northwestern University, and the University of Denver. Jim, as a member of the adjunct faculty at the University of Denver developed and taught “Ethics in Action", and the “Rise and Fall of the Bell System". His writing on, “Organizational Diagnosis" is featured in the current American Management Association Human Resources Handbook. Jim and his wife, Sandee Smith, have been Orono, Minnesota residents for 14 years and reside on “The Old Orchard Farm" in Orono. January 2002 1 ^iii.d iHll^ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22,2002 7:00 o’clock p.m. 4 COUMnn MAY 1 3 2002 CiTTui miuwo ROLL The Council met on the above-mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jay Nygard, Jim White, and Richard Flint. Council Member Bob Sansevere was absent. Representing Staff were City Administrator Ron Moorse, Planning Director Mike Gaffron, Assistant City Attorney Sean Simpson, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Jackie Young. Mayor Peterson called the meeting to order at 7:07 p.m. CONSENT AGENDA (#1) Approve/Amend Items 1 lA, 12,14,16,17,18.19,20 were added to the Consent Agenda. Item 21 was removed from the Consent Agenda. Flint moved. White seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES *(#4) Regular Council Meeting of April 8,2002 Flint, White seconded, to approve the minutes of the Regular Citv Council meeting of April 8,2002. VOTE: Ayes 4, Nays 0. PARK COM.\IISSION COM.MENTS - Sherokee Use, Representative Use thanked the City Council for the support of the Park Commission this year. Use indicated a lener has been sent to the adjoining property owners of Hackberry regarding the proposed new play equipment and the upcoming public hearing. Isle stated the park tour this year will be held June 3 at 5:30 p.m. Isle stated the Park Commission will be discussing the Lurton property at the ne.xt Park meeting, noting that the Lurtons have requested to be on the agenda and w ill be in attendance at that meeting. The Park Commission selected 15 lake access points for surveying and marking, with the City Council selecting the top 13 access points they would like to sec surveyed this year. PAGE I MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, April 22,2002 7:00 o'clock p.m. (Park Commission Comments, Continued) Use stated the drinking fountain and concrete pad for the portable restroom for the Navarre Park and sidewalk in this area should be installed this year. Use inquired whether those three projects would occur around the same time. Gappa stated the City is still waiting for approval on the slate aid for the sidewalk. PLANNING COMMISSION COMMENTS - Dav< Rahn, Representative Rahn stated he would be present for questions tonight. PUBLIC COMMENTS None ZONING ADMINISTRATOR'S REPORT *(#3) #2461 WILLIAM AND THELMA BRYSON, AND JAMES A. R. JOHNSON, 650,660,670 AND 680 BIG ISLAND - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION NO. 4794 Flint moved, White seconded, to approve and adopt RESOLUTION NO. 4794, a Resolution Approving a Subdivision of a Lot Line Rearrangement for Properties Located at 650,660,670 and 680 Big Island. VOTE: Ayes 4, Nays 0. (#4) #02-2740 JEFFRY AND NANCY TWIDWELL, 1865 CONCORDIA STREET - VARIANCES - RESOLUTION NO. 4792 Nancy Twidwell, Applicant, and Jeff Sw itzer, Architect, were present. Gaffron stated this was on the April 8* Council meeting where the Council approved the hardcover variance. Gaffron noted there is a typographical error in the resolution, with some changes needing to be made on the resolution. Gaffron indicated the final width of the driveway would be 14 feet. Gaffron stated there is a revised version of the resolution before the Council, noting that the resolution was revised to reflect that 120 square feet of deck structure would be removed, leaving 132 square feet of stairway in the 0*75’ setback. Gaffron stated condition number three was added to the resolution relating to the maple trees, which requires that if any one of the trees dies within the first five years of this project that the tree be replaced. Gaffron indicated this condition was added because the trees were claimed to be a hardship. PAGE 2 MINITES OF THE ORONO CITY COUNCIL MEETING Monday, April 22,2002 7:00 o’clock p.m. (II02-2740 JEFFRY AND NANCY T\V IDWELL, Continued) Mr. Switzer and Mrs. Twidwcll, Applicant, had nothing to add to Staff s report. Nygard commented he likes the idea of requiring replacement of the trees. White moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4792, a Resolution granting a hardcover variance in the 75>250* zone for the construction of a new residence to replace the existing residence on the property located at 1865 Concordia Street. VOTE: Ayes 4, Nays 0. (#5) #02-2749 THOMAS P. EGAN, 350,360 AND 370 BIG ISLAND - VACATION OF RIGHT- OF-WAY - RESOLIITION NO. 4796 Thomas Egan, Applicant, was present. Weinberger staled the applicants have requested vacation of a portion of a platted right-of-way on the south side of the Island, noting this item was reviewed by the Park Commission at their March 4*** meeting. The Park Commission recommended approval of this particular vacation, with the Commission finding that the development of public trails may result in over-use of Big Island, finding that there arc vciy few homes on the island, with the trails possibly causing overuse of Big Island and resulting in security issues. Staff had noted there arc limited police and fire services provided to the Island, with no developed roads on the island. Weinberger stated trespassing is a problem on Big Island, which was another reason for the vacation. The Planning Commission at their March 19'*' meeting had discussed the possible value of Massasoit Avenue in the future. Weinberger noted the Applicant’s cabin is completely within the right-of-way. Weinberger stated due to the 75’ lakeshorc setback, a number of the cabins would need to be moved out of the right-of-way should they ever be redeveloped. VV’einberger stated the City does have a policy that right-of-ways not be vacated if they provide access to the lake, but noted there is no public access to the lake that is being eliminated by this vacation, w ith all interior access also being maintained. Weinberger noted the vacation also does not affect any public utilities. Nygard inquired whether those lots are legal conforming lots without vacating and whether vacation of the right-of-way would make them conforming. Weinberger stated to his knowledge two of the lots have been granted variances to lot area, with lae minimum lot size on Big Island being five acres. Weinberger stated the City in the early 1980s had chosen to make the lots record lots rather than rezoning. Weinberger stated a concern for rezoning this area was due to the possible over-development of Big Island. Gaffron stated this vacation w ould not significantly change the character of any lot in the area. Gafiron stated Staff did review whether this access would eliminate any lake access, which this vacation docs not. PAGE 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22,2002 7:00 o’clock p.m. (MI2-2749 Thomas Egan, Continued) Gaflron noted the Park Commission did not feel there was a need for a trail in this area. Gaffron stated there really are no public destinations on Big Island, and construction of a trail raises issues dealing with trespassing and police protection. Nygard stated he would like to have one of the adjoining property owners trade some land in exchange for the vacation. Weinberger indicated the property owner did not express an interest in wanting to do that. Gaffron stated the residents of Big Island have a concern about allowing unlimited access to the general public on Big Island. Nygard commented he is interested in protecting access on Big Island. Nygard staled he would be in support of this application if one of the neighbors would be in favor of giving the City some land to allow the right-of-way to be extended to the lake. Flint indicated he typically does not vote in favor of vacations, but was satisfied following the review by the Park Commission that a trail is not needed in this area. Flint inquired whether there is a bluff in this area. Gaffron stated access on the southwest side would be difficult due to the topography of the land, and on the east side of the Island there is some potential for a vehicle to access the Island. Egan indicated he does not have anything to add to Staff s report. Flint indicated the comments by Nygard have caused him to rethink the way he feels regarding this application, but noted that Staff feels there is access on the east side of the Island. Gaffron stated Massasoit Avenue would need to be extended in order to provide access to the lake. Flint moved, Peterson seconded, to approve and adopt RES0Ll!T10N NO. 47%, a Resolution vacating a dedicated right-of-way within the plat of Morse Island Park Second Addition. Nygard reiterated that he would still like to have the property owner donate some land to the City in exchange for the right-of-way. Flint inquired w hat the City would gain by the property owner granting some land to the City. Nygard stated it would insure access. Nygard stated if the right-of-way is extended to the lake, without the additional land, there w ould not be any lakcshorc for the property to the west. White noted the rest of the road is undeveloped. Gaffron stated the easterly lot is owned in common by another property owner who has indicated he is not interested in donating land to the City in exchange for the vacation. PAGE 4 '1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22,2002 7:00 o’clock p.m. (#02-2749 Thomas Egan, Continued) GafTron inquired whether the City should request that an easement be granted by the property owner to the other residents of the Island. Nygard stated that would solve the situation. Peterson commented she would be uncomfortable requesting an easement. Egan stated to gain access to those properties you would use Lakeland Avenue. Egan stated they are not asking to vacate any portions of Lakeland but are asking to vacate a portion of an interior roadway that is not currently being used. Egan stated another access that is currently being used is Massasoit Avenue. Egan stated the vacation will not affect access to any of the interior properties but would help free up the title to his property. VOTE: Ayes 3, Nays I, Nygard Opposed. (#6) #02-2762 TIMOTHY AND MARY SWEEZO, 4480 WATERTOWN ROAD - VARIANCES - RESOLUTION NO. 4791 Timothy and Mary Sweezo, Applicants, were present. Weinberger stated the Applicants arc requesting several variances that w ould allow removal of the existing house and construction of a new three-bedroom residence on the property. The current house was constructed in approximately 1900. The entire property consists of approximately four acres, with two-thirds of the property consisting of wetlands. The property is located in the RR-1A zoning district, which has a minimum lot size of five acres, a front setback of 100 feet, and a side setback of SO feet. Weinberger stated there arc a number of accessory' buildings on the property, w ith the property being used as a hobby farm. Weinberger stated the applicants arc proposing a one story, three-bedroom residence, two car attached garage, which would be built partially within the front setback, 53 feet where 100 feet is required. The residence would also be located 42 feet from the side property line where 50 feel are required. The applicants are requesting a number of the accessory buildings remain on the property during the construction phase, which requires a variance. The Planning Commission recommended, on a vote of 4 to 3, approval of the application. Weinberger indicated the building site is limited due to the location of the accessory structures, the well, and the sewer. The applicants have indicated in their view this location is the ^st place for the new residence, with adequate screening in the front from Watertow'n Road. The Planning Commission also further found the actual building portion of this property is just under 1.5 acres. Weinberger noted that if this property were located in a two acre zoning district, it would meet all the required setbacks. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22,2002 7:00 o ’clock p.m. (MI2-2762 Timothy and Mary Sweezo, Continued) The minority view of the Planning Commission was that there are other alternatives to the plan and could fit easily within the required setbacks, but would require relocation of the existing driveway. Weinberger indicated the Planning Commission also expressed concern with the location of the garage and bam on the property, which do not meet minimum setbacks and may set a negative precedent for the City. Weinberger stated this property is located along County Road 6, with the County acquiring additional land over the years, which has resulted in the size of the lot being reduced over the years. Staff recommends approval of the variances based on some of the conditions and findings of the Planning Commission, namely the size of the property, the reduction in size of the lot by the County, and the location of the well and septic on the property. .• Nygard commented it would be a shame to remove the red bam since it has existed on this lot for a long time and could possibly be one of the oldest buildings in Orono. White stated he is not opposed to the application. White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4791, a Resolution granting variances to permit construction of a new three-bedroom house with an attached two stall garage for the property located at 4480 Watertown Road. Flint indicated he attended the Planning Commission meeting where this was discussed, noting he would like to see the red bam remain since it is part of the heritage and history of Orono. Flint stated he was impressed by the amount of the land that has been taken by the County, which has reduced this lot considerably over the years. VOTE; Ayes 4, Nays 0. *(#7) #02-2770 DAVID AND KATHRYN BIEK, 4675 CREEKWOOD TRAIL - CONDITIONAL USE PERMIT - RESOLUTION NO. 4790 Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4790, a Resolution Granting a Conditional Use Permit to allow plumbing in an accessory building for property located at 4675 Creekwood Trail. VOTE: Aves4, NavsO. *(#8) #02-2773 KURT AND MARY RAKOS, 2175 SHEVLIN DR1\T - VARIANCE - RESOLUTION NO. 4793 Flint moved, White seconded, to approve and adopt RESOLUTION NO. 4793, a Resolution Granting a variance to side yard adjacent to street setback for the property located at 2175 Shevlin Drive. VOTE: Ayes 4, Nays 0. PAGE 6 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22,2002 7:00 o ’clock p.m. *(#9) #02-2774 MARK CREE, 3120 NORTH SHORE DRDIVE - CONDITIONAL USE PERMIT - RESOLUTION NO. 4789 Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4789, a Resolution Granting a Conditional Use Permit to allow plumbing in an accessory building for the property located at 3120 North Shore Drive. VOTE: Ayes 4, Nays 0. *(#I0) #02-2775 TEMPLE ISRAEL, 645 TONKAWA ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4787 Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4787, a Resolution Granting a Conditional Use Permit to permit construction of a pre-manufaclured pavilion on the property located at 645 Tonkawa Road. VOTE: Ayes 4, Nays 0. (#11) #02-2778 KEVIN MANLEY ON BEHALF OF MANLEY BROTHERS CONSTRUCTION, 1973 EAGERNESS POINT ROAD - VARIANCES - RESOLUTION NO. 4788 Mr. and Mrs. Kevin Manley, Applicant, were present. Weinberger stated the Applicant is requesting a variance to the 75 ’ lakeshore setback to allow the existing residence to be raised from a one and a half story to a full two-story. The second story addition would raise the building height by approximately ten feet. The expansion of the building is actually occurring behind the average lake setback. The applicant is also requesting a variance to construct a 14 by 8’ deck located between the garage and the house. The deck requires variances to permit the total hardcover in the 75-250’ setback to be increased from 27.7 percent to 30.2 percent. Weinberger noted the structural lot coverage on the property would also increase from 18.3 percent to 19.4 percent. The applicant has submitted information to the City regarding the previous condition of the property prior to purchasing the property, noting that a considerable amount of hardcover, including a deck and patio, has already been removed. The Planning Commission recommended approval of the variance to permit the second story expansion based on the fact the building was constructed in iis current location prior to the adoption of the zoning ordinance and that there would be no further impact within the average lakeshore setback. The Planning Commission recommended denial of the variances to permit the 14' by 8’ deck addition between the walkway and garage. Manley stated when the property was purchased by his brother, more hardcover existed than what is there currently. Manley stated there is no deck or patio currently on the property, with a small walkway existing between the garage and the house. Manley stated they would like to improve the appearance of the property by constructing a deck to tie in with the walkway. Manley noted they previously have reduced the hardcover by 491 square feet, with the proposed deck consisting of 112 square feet. Mayor Peterson inquired what the width of the walkway is. PAGE? MINUTES OF THE ORONO CITY COIWCIL MEETING Monday, April 22,2002 7:00 o’clock p.m. (#02-2778 Kevin Manley, Continued) Weinberger stated the walkway is approximately four feet wide. Manley distributed drawings to the Council depicting various options for the deck. Manley stated the existing walkway is approximately 12 feet long and consists of plywood. Mrs. Manley stated on both sides of the walkway you are required to step up. which docs create a small safety concern since there currently is no railing. Weinberger stated the majority of the deck could be constructed w'ithout a railing and not be considered structural coverage. Weinberger commented the deck could possibly be made a little smaller, which would reduce the hardcover numbers. Nygard stated the last time this property was before the City Council it was stated that they would voluntarily remove the decks in conjunction with the deck above the garage. Manley stated he was not present at that hearing. Weinberger stated there was an existing deck on top of the garage, and in order to repair the roof, the deck had to be removed, with a variance being granted to put the deck back in because it was located within the required setbacks to the street. Weinberger stated the amount of hardcover was substantially reduced on the last variance. Nygard stated from the pictures it is obvious there was a pre-existing deck, and that he is not opposed to allowing some hardcover since there was a pre-existing deck that was removed in order to approve the appearance of the house. The City Council discussed the layout and topography of the property. Weinberger suggested the application relating to the deck be tabled to allow the applicant time to review his options. White recommended the portion of the application dealing with the second story addition be acted upon. Manley indicated he would be agreeable with that since they would be working with Staff on a landscaping plan. White moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4788, a Resolution granting variances to permit a second story expansion for the property located at 1973 Fagerness Point Road, and to table the variances to permit a 14 ’ by 8’ deck addition between the walkway and garage. VOTE: Ayes 4, Nays 0. PAGES MINUTES OF THE ORONO CITY COUNCIL MEETING Moaday, April 22,2002 7:00 o’clock p.m. 11(A) 079 BROWN ROAD NORTH - EXTENSION OF APPRO\'AL FOR REARRANGEMENT OF A COMMON PROPERTY LINE - RESOLUTION NO. 4786 Flint moved. White seconded, to approve and adopt RESOLITION NO. 4786, a Resolution extending the subdivision at 879 Brown Road North to May 31,2002. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL Mayor Peterson stated she is in receipt of a resignation letter from Council Member Flint. Peterson, on behalf of the City, thanked Flint for his many years of serv ice to the City. Flint indicated he spent 13 years on the Park Commission and five years on the City Council. Mayor Peterson reminded the Council of the City’s Open House scheduled for Saturday, May 18*. Mayor Peterson stated she would be attending the Mound City Council meeting scheduled for April 23"’. Peterson commented in her opinion Mound is in need of a new fire station. Flint stated in his opinion a different body of government should be handling the fire station rather than the Council. The City Council discussed the proposed Mound fire station and the need for a new facility. Ny^d stated he has not seen any signs of a conservation easement at Saga Hill, noting that the construction appears to be encroaching into the easement. Moorse stated Staff is monitoring that project, with an inspection being conducted this past Friday. The contractor indicated to Staff that they were removing dead trees and fallen branches within the easement. Staff informed the contractor that they are not able to cut down anything that is living. Nygard inquired whether the contractor is even allowed to touch anything within the conservation easement. Weinberger stated the City can give written authorization for the contractor to remove the dead trees, which has been done. Nygard inquired whether the easement has been marked. Weinberger indicated that still needs to be completed. Nygard requested that the easement be marked in the near future. PAGE 9 CANUTES OF THE ORONOCITY COUNCIL MEETING Monday, April 22,2002 7:00 o’clock p.m. PUBLIC SERVICE DIRECTOR’S REPORT '(#12) GOLF COURSE SEASONAL EMPLOYEES Flint moved, White seconded, to approve a seasonal employee pay range of S7.S0 to S8.I8 per hour for the 2002 season. VOTE: Ayes 4, Nays 0. Flint moved. White seconded, to approve the hiring of the seasonal employees listed at the proposed wage rates and under the applicable provisions of the PERA rules. VOTE: Ayes 4, Nays 0. CITY ADMINISTRATOR’S REPORT (#13) ESTABLISH NEW VOTING PRECINCT BOUNDARIES AND REESTABLISH POLLING PLACE LOCATIONS - RESOLUTION NO. 4797 Moorsc stated on the basis of the last census and the redistricting that has been done, Staff took the opportunity to change precinct boundaries to better serve voters, and to change precinct boundaries to coincide with the school district boundaries, which should help in the voting process. Nygard inquired whether there are any registered voters on Big Island. Gaffron stated to his knowledge there are not. Flint stated in his view it is a great idea to have the precinct boundaries coincide with the school boundaries as much as possible. The City Council discussed the precinct boundaries and the changes that have been made. White moved, Nygard seconded, to approve and adopt RESOLUTION NO. 4797, a Resolution for Redistricting Precincts 1,3, and 4 and Reestablishing Unchanged Precinct Polling Place Locations for Precincts 1,2,3, and 4. V'OTE: Ayes 4, Nays 0. *(#14) ACCEPTANCE OF RESIGNATION OF OFFICER BRAD JOHNSON Flint moved. While seconded to accept Officer Brad Johnson ’s resignation from his position as Police Officer effective April 30,2002. VOTE: Ayes 4, Nays 0. (#15) APPOINT PART-TIME POLICE OFFICER - RESOLUTION NO. 4798 Moorse stated he needs to change the motion from hiring the part-time police officer to authorize a conditional offer of employment. White moved, Nygard seconded to approve and adopt RESOLUTION NO. , a Resolution declaring that the position held by Josh A. Arneson is that of a Police Officer, and to PAGE 10 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22,2002 7:00 o’clock p.m. (Appoint Part-Time Police Officer, Continued) autboriie a conditional offer of employment to Josh Arneson. VOTE: Ayes 3, Nays 1, Peterson Opposed. Peterson indicated although she has no concerns regarding Josh Arneson. she is opposed to the hiring of part'time officers. •(#16) REQUEST TO AD\TRTISE FOR PART-TIME POLICE OFFICER Flint moved. White seconded to authorize the Orono Police Department to post a position for a part-time, full-time licensed, peace officer. VOTE: Ayes 4, Nays 0. *(#I7) APPROVAL OF AGREEMENT FOR YOUTH DI\TRSION SERVICES Flint moved. White seconded, to accept Viking Council Juvenile Diversion program beginning May 1,2002. VOTE: Ayes 4, Nays 0. •(#18) DRIVEWAY AT4051 HIGHWOOD ROAD-RESOLUTION NO. 4795 Flint moved. White seconded, to approve and adopt RESOLUTION NO. 4795, a Resolution Granting permission for a driveway on a platted alley in the Highwood Lake Minnetonka Plat. VOTE: Ayes 4, Nays 0. •(#19) 2002 ENGINEERING IL\TES Flint moved, White seconded, to approve the general engineering rates proposed by Bonestroo, Rosene, Anderlik and Associates for 2002. VOTE: Ayes 4, Nays 0. •(#20) PAYMENT OF EXPENSES FOR DAKOTA RAIL CORRIDOR LOBBYIST Flint moved. White seconded, to approve the payment of the invoice in the amount of 55,000 to Ray Bohn, Media and Governmental Affairs, and to amend the General Fund budget to reflect the expenditure. V’OTE: Ayes 4, Nays 0. (#20A) TEMPORARY BUILDING INSPECTOR Moorse stated the City’s current building inspector is on leave of absence and Staff would like to hire a temporary inspector. Nygard moved, Peterson seconded, to approve the appointment of Jim Kangas to the position of Building Inspector on a temporary basis, at an hourly rate of 525.00 per hour, with no benefits, effective April 23,2002. PAGE 11 1 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22,2002 7:00 o’clock p.m. (Temporary Building Inspector, Continued) Peterson inquired whether there was any time limit on the temporary building inspector. Moorse stated there is not. Moorse stated the current building inspector is on a leave of absence without pay. VOTE: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT None (#21) LICENSES Flint stated the required attachment that lists the size of the trucks is not attached to the license, noting that this sanitation provider does utilize the large trucks, which tends to tear up the private roads. Flint inquired how the City could eliminate the larger trucks on the private roads. Moorse indicated they were going to check with Long Lake to see what their ordinance allows. Gappa stated they are looking at changing the ordinance in the coming year. Mayor Peterson inquired whether this item could be tabled until Staff is able to obtain the information from the hauler and Long Lake. Nygard stated the City does have weight restriction ordinances. Gappa stated the ordinance probably would not cover private roads. Flint stated the haulers could be prohibiti J on private roads unless a smaller truck is utilized or unless all the residents agree that the hauler can use the private road. Gappa stated he would need to review the situation, noting the City in the past has not regulated private roads. Flint moved, Peterson seconded, to table the following licenses. \'OTE: Ayes 4, Nays 0 Garbage Hauler: I. DanJirik BFI of North America, Inc. 9813 Flying Cloud Drive Eden Prairie, MN 55347 PAGE 12 —■ MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 22,2002 7:00 o’clock p.m. *(022) BILLS Flint moved. White seconded, to approve payment of the All Funds Account. VOTE: / - NaysO. ADJOURh Ik Flint moved, Nygard seconded, to adjourn the meeting at 8:53 p.m. There being no further business to discuss, the meeting was adjourned at 8:53 p.m. Lin Vee, City Clerk Barbara Peterson, Mayor PAGE 13 L.7^1 N I sota UIHsiks. k;MOOaM north rr tiux.1 agvilCQ* te«. i«M iMt i^MS fc^r. f«tff« 9C» IL9M A«< J9,Mi AM t. Itti «!«. M.M9 a#«lt9. Ittl M. ir.ittf JAI% If.lftf AGENDA FOR COUNCIL MEETING SET FOR MONDAY. MAY 13.2002.7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY. ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet • located on the counter near the sign in sheet ROLL CALL CONSENTAGENDA 1. Approve/Amend COON cm meeting MAY 13 50K COUNCIL vacancy 2. Declaration of Vacancy on Council - Resolution ^ ^ OHONQ 3. Appointment of New Council Member - Resolution A. Oath of Office approval of minutes * 4 Regular Council Meeting of April 22,2002 PARK CO.MMISSION COMMENTS - Rick Meyers. Representative PLANNING COMMISSION COMMENTS • Sandy Smith, Representative PUBLIC COMMENTS - (LioUl S Miautca Per Person) ZONING ADMINISTRATOR'S REPORT 5. 802-2772 John and Donna Crotteau, 1405 Sixth Avenue North • Variances • Resolution 6. 802-2778 Kevin Manley on behalf of Manley Brothers Construction, 1973 Fagemess Point Road Variances - Resolution 7. French Creek Homeowners Association - Request to Install a Holding Tank 8. Joint Use Dock Licenses MAYOR/COUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT 9. Quotations for Highwood Road Storm Sewer Project 10. Quotations for Lift Station Control Panel Replacements CITY ADMLMSTRATOR'S REPORT 11 Pay Request • Long Lake Fire Sution 12. Schedule Work Session 13 Release of Easements on Orono Oaks Properties 14. Purchase Agreement for City Property at 2765 Kelley Parkway 15. Rccodification Costs 16. Request to Advertise, Hite - Teraponry, Full Time Clefk-T)pi$i Posiuon 17. Request to Advertise • Community Service Oflicer Position 11 Request to Dispose of 1999 Ford Crown VictorU Squad Car («IS3) in Deb* Service Fund Close Out • Resolution 20. 1995 G O Refunding Bonds Debt Service Fund Close Out • Resolution 21 2000 Sewer Construction Fund Close Out - Resolution 22. Budget Amendments for Year 2001 23. Request for Legal Fee Increase CITY ATTORNEY'S REPORT 24 LICENSES Garbage Haulers Kennel License Special Event • 25 BILLS UPCO.MINC ISSUES AND E\T.STS 2002 05/11 -SpringCleanup Day.Consmjcuoo DebnsOnly, Satvday. g 00am -2 00o.m 05/13 • Reconvened Board of Review, 6:30 p m 05/13 -Council Meeting, 7:00 p m. 05/14 -PlanningCommission WorkSesslo.^ TutsJ^ 500pm 05/25 - Um£and Grass Di^sal. Satu^, 8:00 ajn. - Noon 05/27. HOLIDAY, Meaao^ Dtay Observance 05/28 -Council Matting, Tkmsdt^, 7:00pm. 06/03 • Park Tour, 5:30 pjit 06D8 - Leaf A Grass Disposal, 8 :00 ajn. - Noofl 06/10 . Council Meetine. 7*00 n m Complete Date: M Day Deadliac: 4/4/02 6/2/02 COUNCIL MEETINO MAY 1 3 2002 CITY OF ORONO REQUEST FOR COUNCIL ACTION DATE: May 6,2002 ITEM NO.: ^ Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section; Zoning Item Description:#02-2772 John and Donna Crotteau 1405 Sixth Avenue North Variances Zoning District:LR-IA • Single Family Lakeshore Residential District (2 acre) List of Exhibits: A B C D E F Resolution DNR Comments Site Plan Main Floor Plan Elevation View Planning Report (April 10.2002) Application The applicants have requested variances to permit construction of additions to the existing house. The additions are proposed to be located within a bluff setback and within the 30' top of bluff setback. The application also requires a variance to permit the garage addition 20.5' from the side lot line where a 30' setback is required. This application includes 5 individual modifications and additions to the house. All proposed additions are listed below and are identified on Exhibits D and E. 1.To e.xtend the main floor living room out 13’ X 10’. The total foundation addition for the living room addition is 16’ X 19'. The living room addition would encroach further into an existing bluff line. 2.To permit a cantilevered bay area on the lakeside of the residence to extend 2' into the blu^setback. (Master bedroom addition) 3.To permit a cantilevered bay to extend from the west side of the residence w ithin the bluf^f setback. (Master bath addition) #02-2772 John and Donna Crottcau 1405 Sixth Avenue North Pape 2 of 4___________________ 4.To permit the addition of a dining room. entr\-way, and front porch to the street side of the residence. The additions would be located within the top of bluff setback. 5.To permit a side setback encroachment of 9.5 ’ for a garage addition, and to permit the garage addition to be located within the top of bluff setback. Planning Commission Recommcndation/Di»cu.<sion The Planning Commission voted 7 to 0 to recommend approval of variances to permit construction of residential additions within the 30* top of bluff setback for the kitchen/entry way and bay additions. Planning Commission voted 5 to 2 to recommend approval of variances to permit a lakeside addition to' the residence, creating a further encroachment into the biuff area. This portion of the project includes the 13* of additional encroachment for the living room expansion. It was the minority opinion of the Planning Commission that the proposed building addition could be reduced in size. There was also a question whether a building expansion towards the lakesbore constitutes a hardship. The recommendations were based on the following findings and hardships: 1. 2. 3. 4. 5. 6. The property is ten plus acres. All but approximately 4% of the lot is located either within wetland, the bluff zone, and the required setbacks. The present home was built in a legal location prior to the bluff ordinance. Any additions to the house would require variances. The site does not drain directly to the lake but rather to the 5-acre wetland located at the base of the bluff. The topography of the lot uniquely restricts the ability to make an addition onto any part of the building. No addition could be built on the house that would not fall within the impact zone. The area where the proposed lakeside additions are to be constructed is relatively flat w ith less than a 2 ‘ drop from the existing exterior wall and the proposed wall of the addition. Planning Commission voted 7 to 0 to recommend denial of the variance to permit the garage addition to be located 20.5* from the side property line where a 30* setback b required. The recommendation of denial is based on the following: 1. 3. Any addition that would create a side setback encroachment for the principal building would be inconsistent with the development patterns intended for properties in the LR-1A zoning district. The property is a confonning lot. Variances should only be considered when there are no other reasonable options on a property. The garage addition could be shifted 9.5 ’ to the west leaving a 30’ setback. The impact on the house would result in one garage door within the existing house being eliminated. The actual garage space would not be effected only the garage access. The fact that the proposed garage is attached to the house requires it to meet the 30’ setback for principal structures. #02-2772 John and Donna Croneau 1405 Sixth Avenue North Page 3 of 4____________________ 4.A detached building 750 s.f. or less is only required to meet a 10* side setback. The detached building must have a minimum of 10’ separation between it and the principal building. Sliding the garage back to be 10’ from the principal building also moves the garage back out of the 30’ top of bluff setback, thus eliminating the need for any variances for the garage. DNR Review and Comments When projects have a potential impact on natural features, such as a bluff, the City of Orono will t>pically request comments from the DNR. The Planning Commission did not have the benefit of the recommendation provided by the DNR for their review. A copy of the DNR comments are attached. The DNR objects to the portion of the project that further impacts the bluff and suggests the project be scaled back. In a phone conversation with Peter Leete. if the DNR, he stated there was no objection to the portion of the project that was located away from the lakeside. In response to the DNR comments the plan was further reviewed to determine all potential negative impacts to the bluff and existing grades on the property. The total ground elevation from the house to the end of the addition is approximately 2-3’. The property begins a more dramatic drop where the exterior wall of the lakeside addition is proposed to end. Access around the house would become difficult without creating a flat area in front of the addition. The land alteration to create a walking path around the front of the house would require additional land alteration and fill that is not permitted on a bluff. Analysis The original construction of the house was in 1984. prior to the adoption of the Shoreland Ordinance in 1992. The Shoreland Ordinance also regulates areas defined as a “bluff’. Nearly the entire 10.4 acre property is defined as either a wetland or is protected bluff area, including all the land in which the existing house is located. The house Is located well above the 930' wetland elevation. The actual house elevation is approximately 987’. The City Engineer has reviewed the plans and has commented the proposed additions to the building do not present any concerns from an engineering perspective. Mr. Kellogg did state silt fence shall be installed lakeside of the home prior to any construction or site grading. The MCWD will also have the same requirements and require permits of their own. A large wetland is located at the base of the bluff area, betw een the lakeshore and the house. The wetland basin covers approximately 5 acres in area. The drainage from the house enters the wetland prior to entering the lake. #02-2772 John and Donna Crotteau 1405 Sixth Avenue North Paye 4 of 4 __________________ C oubc M Ontiona for Actien Council has three parts of the application to consider. The Planning Commission reviewed the application and made the three recommendations noted above. A. B. Bay additions and entryway/kitchen expansion (7-0 approval recommendation). Lakeside 13’ expansion of living room into the bluff (5-2 approval recommendation). Discussion should include the new information that is available regarding the DNR ‘s objection to the bluff impact. If Council determines *he size of the addition creates a significant bluff impact, it may be appropriate to consider the option of a smallersignificant bluff impact, .... addition. A smaller addition would create less bluff impact and make access around the house easier. C.9.5 ’ side setback variance for the attached garage to be located 20.5 ’ to the side property line where 30 ’ is required (7-0 denial recommendation). The attached resolution reflects the recommendation of the Planning Commission, Staff RecommendatioB In consideration of the comments as provided by the DNR, staff continues to recommend approval of the addition but due to the limited access around the building and the potential impact on the bluff staff is recommending the lakeside addition be reduced by 8’. The staff recommendation would allow an addition to extend an additional 5 ’ rather than 13 as proposed. « 1 •* A A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.56, SUBDIVISION 16 (C) AND DENIES A VARIANCE TO SECTION 10J3, SUBDIVISION 6 (B) FILE NO. #02-2772 .• WHEREAS, John Crotteau and Donna Crotteau, (hereinafter "the applicants") are owneis of the property located at 1405 Sixth Avenue North within the City of Orono (hereinafter "the City") and is legally described as follows: “Exhibit A” (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April IS, 2002. at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City of Orono for variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C) to permit construction of residential additions encroaching on a protected bluff and bluff impact zone, and to Section 10.23, Subdivision 6 (B) to permit construction of an attached garage located 20.5* to the side property line where a 30' setback is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2772. 2. The property is located in the LR-IA (2 acre) One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on April 15, 2002 and recommended approval on a vote of 7 to 0 to permit construction of residential additions within the 30’ top of bh'^ setback for the kitchen/entry way and bay additions. Page 1 of7 4. In a second motion the Planning Commission voted 5 to 2 to recommend approval of variances to permit a lakeside addition to the residence, creating a fU^er encroachment into the bluff area, fliis portion of the project includes the 13* of additional encroachment for the living room expansion. It was the minority opinion of the Planning Commission that the proposed building addition could be reduced in size. There was also a question whether a building expansion towards the lakeshore constitutes a hardship. .• 5. The recommendations were based on the following findings and hardships: A. B. C. The property is ten plus acres. All but approximately 4% of the lot is located either within wetland, the bluff zone, and the required setbacks. The present home was built in a legal location prior to the bluff ordinance. Any additions to the house would require variances. The site does not drain directly to the lake but rather to the 5-acre wetland located at the base of the blulT. D. The topography of the lot uniquely restricts the ability to make an addition onto any part of the building. E. No addition could be built on the house that would not fall within the impact zone. F. The area where the proposed lakeside additions are to be constructed is relatively flat with less than a 2* drop from the existing exterior wall and the proposed wall of the addition. Planning Commission voted 7 to 0 to recommend denial of the variance to permit the garage addition to be located 20.5’ from the side property line where a 30’ setback is required. The recommendation of denial is based on the following; A. Any addition that would create a side setback encroachment for the principal building would be inconsistent with the development patterns intended for properties in the LR-IA zoning district. Page 2 of7 7. 8. B The property is a conforming lot. Variances should only be considered when there are no other reasonable options on a property. C.The garage addition could be shifted 9.5' to the west leaving a 30 ’ setback. The impact on the house would result in the elimination of one garage door. The actual garage space would not be reduced. The fact that the proposed garage is attached to the house requires it to meet the 30' setback for principal structures. D.A detached building 750 s.f. or less is only required to meet a 10' side setback. The detached building must have a minimum of 10' separation between it and the principal building. Sliding the garage back to be 10' from the principal building also moves the garage back out of the 30' top of bluff setback, thus eliminating the need for any variances for the garage. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or di ilty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the DNR, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.56. Subdivision 16 C to permit construction of residential additions encroaching on a protected bluff and bluff impact zone per the site plans dated 4-2-02 completed by Sharratt MacDonald Design Company and drawn on the site survey dated 4-2-02 completed by Mark S. Gronberg, of Gronberg Page 3 of7 and Associates, and denies variances to Section 10.23, Subdivision 6 (B) to permit construction of an attached garage located 20.5' to the side property line where a 30 setback is required, subject to the following conditions: 1.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance •will expire on that date (May 13, 2003). 2.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3.The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Mirmesota at a regular meeting held on the 13th day of May, 2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners Page 4 of 7 1 • 1 i STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13th day of May, 2002 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 dayThe foregoing instrument was acknowledged before me on this______ _____________, 200 ____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 5 of7 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 1 proved on the oath/aflirmation, 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 1 proved on the oath/affirmation, 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. .1 Notary Public Page 6 of 7 Exhibit A ftr U Th*t part of Lot 2, "Auditor's SubdlTlaion Nuabor 291» Hennepin Count/, Minnesota”, eceording to the plat thereof on file or of record in the office of the Registrar of Titles In and for said Count/, 1/ing South of the Easterl/ extension of the North line of Tract A, Registered Land Sunref No, 1379* files of Registrar of Titles, Count/ of Hennepin; Par 2t That part of the following-described pro- pert/t That part of CoTemnent Lot 1, Section 26, and that part of CoTernsent Lot 1, Section 35, Town ship 118, Range 23, described as follows: Beginning at the Northwest comer of Lot 2, "Auditor's SubdiTlslon Nunber 291, Hennepin County, MinnesoU"; thence West along the exUn- sion of the North line of said Lot 2 and along the South line of Lot 1, said Auditor's Sub- diwision, to the nost Westerly line of Lot 1, ■aid Auditor's Subdivision; thence South along the extension of the nost Westerly line of Lot 1, said Auditor's Subdivision, to the South line of said Section 26; thence West along the South line of said Section 26 to its intersec tion with a line running parallel to and 675 feet Bast of, Baaeurad at right angles to, the West line of said Section 26; thence South along the extension of said parallel line 67.A6 feet; thence East, parallel to the North line of said Section 35, a distance of 80 feet; thence South, parallel to the West line of Lot 2, said Auditor's Subdivision, to the shore of Long Lake; thence Southeasterly along said shore to Its intersection with the West line of Lot 2, said Auditor's Subdivision; thence North to the point of beginning, except that portion thereof embraced in Registered Land Surveys Nos. 934 and 1379; and except that part of Government Lot 1, Section 35, lying West of a line and its Southerly extension drawn parallel with and distant 140 feet East from the Bast line of "Albee's Long Lake Addition”, lying Southerly of the North line of Tract A and its Easterly and Westerly extensions. Registered Und Survey No. 1379, files of Registrar of Titles, County of Hennepin, Page 7 of? 1 Paul Weinberger - John Cfottreau variance fequert Page 1 From: To: Date: Sul^ect: "Peter Leete" <peter.leete(Bdnr.state.mn.us> <PweinbergerOci.orono.fnn.us> 4/22A)2 10;56AM John Crottreau variance request Just a quick note at this late time regarding the discussion we had by phone. The DNR object the portion of work on this proposal that Impacts the Bluff. This is a very large lot and I do not see where the hardship is that would necessitate such an addition arid its irnpact to the bluff. I suggest the project be scaled back In order to not impact the bluff. What is the hardship? Please call me at 651-772-7916 if you have any questions. Peter Leete DNR Waters Metro Region 1200 Warner Rd SL Paul, MN 55106 CC:"Travis Germundson" <travis.germundson@dnr.state mn us> c iOj Ene^**? ^oost 10’ ■2gA(<A6I (mjt fimjt Bark (bt/ff) ®*^"*^-S8srr:- --- •• • • ««?. .. '*--____ («*4) (*«M) Bortftrvd polh #2772 DIAGRAM SHDINING ADDITION AREAS 6R0TTEAU RESIDENCE 1409 COUNTY RD* ORONO 9HMIRATT 4 HACOON4LO SOWN COHRMir 391 SCHOOLAVe. ecCCLSiOR |o 1 e .rrjx . »• - .»* .; /.j a-v. .,».-♦ %j»- P -;% * * «f«r -k". * %. * • -:^: rv:; !-BQit J 1' n I A.» rCftffcfVATlOM %CHA 1M**t‘-6 O’ ^ ? - chotteau «iNe©iui<^ it>i liittiai f TO:Chair Hawn and Orono Planning Conunission Members Ron Moorse, City Administrator F FROM: Paul Weinberger, Zoning Administrator DATE:April 10,2002 SUBJECT: #02-2772 John and Donna Crotteau 1405 Sixth Avenue North Variances List of Exhibits: A B C D E F G H 1 J Application Addendum A Addendum B Site Plan/Surveys Hardcover Calculation Worksheet Building Plans Floor P.’uns City Engineer Comments (April 11,2002) MCWD Comments (April 9,2002) Property Owners Notification List Application The applicants have requested variances to permit construction of I) a 16’ X 19’ addition within a defined bluff area, 2) a living space addition and porch, and 3) a garage addition within the 30' top of bluff setback. The application also requires a variance to permit the garage addition 20.5’ from the side lot line where a 30’ setback is required. Analysis The original construction of the house was in 1984, prior to the adoption of the Shoreland Ordinance in 1992. The Shoreland Ordinance also regulates areas defined as a “bluff’ Nearly the entire 10.4 acre property is defined as either a wetl? .(i *s protected bluff area, including all the land in which the existing house is located. The house is located well above the 930’ wetland elevation. The actual house elevation is approximately 987’. The dramatic increase in elevation is due to the large bluff area that is located along the north side of Long Lake. To be considered a bluff the feature must have all the following characteristics: A. Part or all of the feature is located in a shoreland area; B. The slope rises at least 25' above the Ordinary High Water Level of the water body; raSHYi [•wnwii riT¥TO«i N/111 III n«5nfnri¥irojij*i]nriRfii] iiiir^i ft I i iT^iUi tii)c{4i fTTi ri n f w riw-iiiriicif.1 Mf¥i] P^lTTiiWt RTiTi IkI Cil^ RTiTili] • nil I iijimini rtwmtK«iTiiwii WTOSTiMi nnnii [iVsHinTlvi] RiiiiniriniT^ ^n»¥iiii¥ii riTOiTaf5it]iV¥i]nnnmi riTiiw runriViTiive.i ^nniTi] p.T.'flilMllflOiWAd nwiHrtiivi ^TiTiRT?il •iRin RmTiTuijniynRm nnan •IR1 n Wil S»TiCi n fTiriT* •] RXiWi rifiRiw riTiiri] •lOli RTifiRIW WilfTilirtJ W«HUL«J •until ^r»Tirii niRni riMH¥i ^•jij niRriBi] RlW.Wl] riRi^cn ^■fsTiTi ilHi]RRTiWJRHii]riRRWICl] nwiTRin iMiJ wliRfliTiRi RT?i H lUikiirii^ri ¥.1 III] RTYiWiRi nil nai •iiRnniT^iri] llRTil ^.MiRRi in iWOfl nw^nii ’ L.i w intended for properties in the LR-1A zoning district. The property is a conforming lot. In some cases where lots are located in other 2-acre districts that have much less than two acres variances have been approved in the past. With a building meeting current side setback standards; on a conforming lot, it would not seem appropriate to approve a setback variance when there are other options available. Staff would suggest the garage addition be shifted 9.5’ to the west leaving a 30* setback. The impact on the house would be one garage door within the existing house would be eliminated. The actual floor area within the garage would not change. The total garage stalls proposed are two within the existing garage and two within the new garage addition. The property could extend the new addition to have three stalls, meet a 30* setback and have one within the existing garage. The fact that the proposed garage is attached to the house requires it to meet the 30’ setback for principal structures. Another potential option is to construct a detached garage. A detached building 750 s.f. or less is only required to meet a 10 ’ side setback. The additional requirements would be the detached building must leave a minimum of 10 ’ of separation between it and the principal building. Sliding the garage back to be 10 ’ from the principal building also moves the garage back out of the 30' top of bluff setback. The purpose for discussion of the side setback variances is to demonstrate there are alternatives available for a garage addition without requiring the side setback variance. Staff Recommendation Staff recommends approval of the variance to permit residential additions w ithin the bluff setback and bluff impact zone based on the following findings and hardships: 1. 3. 4. 5. 6. The property is ten plus acres and all but approximately 4% of the lot is located either within w etland, the bluff zone, and the required setbacks. The present home was built in a legal location prior to the bluff ordinance. Any additions to the house would require variances. The site does not drain directly to the lake but rather to the 5-acre w^etland located at the base of the bluff. The topography of the lot uniquely restricts the ability to make an addition onto any part of the building. No addition could be built on the house that would not fall within the impact zone. The area where the proposed lakeside additions are to be constructed is relatively flat with less than a 2 ’ drop from the existing exterior wall and the proposed wall of the addition. Staff recommends denial of the variances to permitythe garage add. . to be located 20.5’ from the side property line where a 30’ setback is required. The recommend. of denial is based on the following: 1. Any addition that would create a side setback encroachment for the principal building would be inconsistent with the development patterns intended for properties in the LR-1 A zoning district. 2. The property is a conforming lot. Variances should be considered when there are no other reasonable options on a property. 3 3. The garage addition could be shifted 9.5 ’ to the west leaving a 30 ’ setback. The impact on the house would be one garage door within the existing house would be eliminated. The actual garage space would not be effected only the garage access. The fact that the proposed garage is attached to the house requires it to meet the 30 ’ setback for principal structures. 4. A detached building 750 s.f or less is only required to meet a 10’ side setback. The detached building must have a minimum of 10’ separation between it and the principal building. Sliding the garage back to be 10’ from the principal building also moves the garage back out of the 30 ’ top of bluff setback, thus eliminating the need for any variances for the garage. Planning Commission Options for Action 1. To approve. 2. To deny. 3.Table.- 4. Other Action. o «■ I irfi mn^aa-inr ApplkatioB U 02-~'2-77Z DateRccdved 3-^o*<^2 Amoimt Paid CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee S2S0.00 ($50.00 per each additional variance) Renewal Variance Fee SISO.OO (no change from original application) Variance for non*confonning structures S2S0.00 Afrer-the-Fact Fees (Double application fee) PROPERTY INFORMATION JU a» Site AHtireia \Hos Avg-Kiijg- QiTAifta fAn__SSu Property Identification Number (P.I.D.) .3^ Attach legal description to appliution if not included on required survey. Date Property Acquired >3 __________ I (do) go noil also own the adjacent parcels of land. iT ,(month^ear) Present use of property: X residential Zoning District: L.R.IA other (specify). APPLICANT Name li Address: & ilv^iri/tCO Phone (home ) •078 0 ____ Phone (work ) ^SZ.’ JtMi ♦ CsHl City: ______Zip: ^ mm m — ■ « m PWr Address: MulK Phone fhome)^52.* ____ Phone (work)*!!*^ 3*1 S’ City: Zip: DESCRIPTION OF REQUEST *iCO,OQ6 Describe request in detail: j^iAi-uatrA >/a — Tto KtItiA tAaiYi%iA (attach additional sheets if necessary) g.eiA/ . VARIANCES REQUIRED Lot Area ___Lot Width Hardcover Lot Coverage 'i Setback:Front XSidc Rear Average Lakeshore X (specify) tolttfp iwxp HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preyentin] comolumce with Zoning Code reouirements : Att/jjAAov>A _______________________________ (attach additional sheets if necessary) ^ Dudf\Ci^dV\tp Wil\ tp. Jii REQUIRED SUBMITTALS HAMA :nOM uor<i*r for vftur aipplieation to bt comidered j, Completed Applicataon Fonn 2. Certified Property Owners List of owners widun 15ff, labels and plat map (you must obtain Ibis list, labels and map fiom Hennepin County Department of Finance. A-603, Govt Center, 348-5910). 3* AlAiAJl>ivCertificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy 8/j” x ll" for reproduction. 4. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'A" x 11" for reproduction. 5^ y Sketches or plans of floor A elevation views (provide one (1) copy 8i4" x H"). 6. List of the legal names (include nrarital status) of all persons widr an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 7. As an addendum to this plication, please attach a separate list of any other persons you wish notified of this application. 8. Additioti^ items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yfliir varianeg application U pnt gnmnlete if the above information has not been included. APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is to the best of his/her knowledge. ’iln/oDate 3 Moi^Applicant ’s Signature OWNER’S SIGN.--,----- The owner hereby acKnowledgcs and agrees to this application and ftuther authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes ^jp^tigat|^ and verification o^^h is request . . // / DateOwner’s Signature - - - ,-r 7 7 Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetinp of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, make anangements to have an authoruDcd agent attend in your place and to advise the Building & Zoning Office of dtia change prior to the meeting. #3772 • •1 John & Donna Crotteau Variance Application 1405 Sixth Avenue North Orono. MN 55356 ADDENDUM A Legal Deacriotion of Property; Hennepin County Torrens Certificate No. 647757 (Auditor's Sutxtivision No. 291) Survey: Survey to be provided within one week of variance application submittal per Gronberg & Associates, surveyors for the project. Hardcover calculations will be performed once the snow has melted. i .? #2778 I March 19.2002 Croneau Variance Request - Hardship Description 1405 Sixth Ave North, Orono MN 55356 ADDENDUM B Background: The existing home on this 10.6-acre lot was built in 1984, a legal location prior to the establishment of the Bluff Impact Zone Ordinance. With the introduction of the ordinance, the entire living space of the home now fails within the impact zone. The unique shape and topography of this lot, together with the setbacks and bluff impact zone, reduces the buildable area to 4% of the total site (see Attachment 1). This limited area for building a home is due entirely to the distinctive topography, unique to this lot. Because the entire living space of the existing house falls within the Bluff Impact Zone, no addition could be built and still conform to the official controls. The Bluff Impact Zone Ordinance was established for properties within the shoreline that drain directly into the lake. This unusual property drains into the wetland contained within the lot, not into the lake; this distinctive situation could not have been foreseen by a standardized bluff ordinance. Proposed Remodeling: The proposed remodeling would not in anyway alter the essential character of the lot and the surrounding area. All grade changes were made during the construction of the existing home in 1984, because there would be no changes to the existing grade, there would be no further impact on the bluff zone by the addition and remodeling. No trees would be removed on the lakeside and minimal trees on the street side. Hardcover is not a concern due to the size of the lot. Roof drainage will be engineered to flow into a drain tile system that channels roof runoff directly into the ground rather than running over the lot, therefore mitigating any erosion issues. The Owner ’s are seeking a variance to make an addition to the home inside the Bluff Impact Zone and an addition to the garage in the side-yard setback area. The hardship of the restricted building area makes it necessary to seek variances for a reasonable change to the house. In addition, all engineering issues can be resolved with no difficulty. Alternative Siting: There is no alternative site on which a house could be built owing to the limited building area, nor an alternative location outside the Bluff Impact Zone in which to add onto the existing house. Summary of Hardships: 1) A ten-plus acre of land should have a practical buildable area; 2) the present home was built in a legal location prior to the bluff ordinance; 3) the site does not drain into the lake but rather into the wetland; 4) the topography of the lot uniquely restricts the ability to make an addition onto any part of the building; and 5) no addition could be built on the house that would not fall within the impact zone. These hardships hamper the enjoyment and preservation of property rights for the Owners necessitating a variance to remodel the home to fit the Owner ’s needs and make the property compatible with the neighborhood. AL O f ¥ fr fCf i ^9I « c^- ry^^’ I 0* I " /A *</i^ /\ ‘ -•* X* -.. /A *•• ---1 /* - I WSP eas^4fn/^' ' per P^M>. S/9627f i.f6AL fu#AOA^<5(JiOv *'^B»WFf / .*lf^ I. #■ .*• #* *..^* .•‘^••.* -C V* • ^ • - 1 • * -i* H:’a -^'^eme/i^-^\.y^ \:p^ I>^c,N(>J57^S\ ^::rytU W-tJ' ‘ ; •• -.-i*. '■ ■•/ ..lx ■'.' •■• J#ft ;»• ' ' iV ^ r */. ^s' •%• p • T, • • • ^ • • ^ ^ • # t - •• •■/ */• I • ) • • \ • '■.•*•• • I • • . • •;•- • » # .■? t .* . f z •. ^.•« -1 . * *• . . - V i f Vj?.;. o / •• ^ . * ** % * ,•• #•• • . 4.' .>• / . - ________.i_______ • • • # CERTiriCATt or SURVEY FOR JOHN CROTTEAU IN SECTIONS 26 «t 35-118-23 HENNEPIN COUNTY. MINNESOTA g» .....................rpr^cssstssfts. LONG LAKE «MU M ^o: 1DD SCALC rCfT HOUSE DETAIL i ... ^ -------------Jl atoTTCAt^ HARDCOVER CALCULAllOiN WURKSHitEI SETBACK ZONE: (CIRCLE ONE) 0-75’ EXISTING HARDCOXTER IN ZONE A. House • Length % X X B. Garage * C. ' Driveway X X D. Sidewalk /Ath X X E. Patio/Deck 4^ft * rr^/4f X X F. Landscape Underlain By Plasiic Of Fabric X X X . G. Other A*A/Uf / frf^J TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A -i- B PROPOSED HARDCOVER IN ZONE A^ House Aattrtar^ / 7 Lcnft^ JUsinsf^ //> S 2. in X X X X B. Garage C. Driveway X X D. Sidewalk X X E. Patio/Deck X X F. Landscape Underlain By Plastic Or Fabric X X X G. Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A _______+ B 75-250*500-1000' S.F. Width S.F. S.F. • S.F. I I. S.F. S.F. S.F. 3 4^0 S.F. ’ S.F. €00 S.F. S.F. S.F. S.F. S.F. J3 S.F. X 100 7SS^ S.F. €OO S.F. a //. Jf-2€Z S.F. Widthzun./i S.F. S.F. S.F. •/ 72/S.F. 4 f^S - s<io S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F; S.F. rATAL = ^ •• S.F. X 100 • __£2iL£l. S.F. sj. 5 k \ Va S X A V » I I I 5: ^ c 1^'csCv-: t- 0 A B iJ n n •CMi:ur«r<o Cv' Tx 0f n n Cx »■».• ■!• • •«#*••» •« • ;•«« •' K. I ••• ;•*• «• . 7 netT fLCVAnOM ) It rt*^M Fi «CAit:ur*r4 CHOTTCAU MKltOOCUM*0 mmtwmmm^nrn — HI ^ E L.ninrfilfct If 11 r< iOWTM CLtVATlON KALC Urar^^ |(HEh7 APDrno0-^ . O- .*W^V.VTr,T..*. !K5£^S3in=:?S iL—T1 . - 3«^* Aw ^ «7* «<M • «*• ^ISMlLHiSN^~r k: r;>£r^r.n^::**'r J-Tr , fssfnra ««•••«<• t**r« •■Vk*«* !••• 4»**«r* .* MOUTH lUVAnOlt 3 iCAtf ur»i*.o* o: teV.i ( (/ • i? 4 'C .nj V' ^ CIIOrTUUWMOeiUNOiE- © k.4^ Vl^L7...k'.i.^ 4 r-:w-V-” - mm L<yyyc>.joyy^. • MATcnep AfieA RCPficscNrs &USTIN6 H0U5C « • < • ■ f ^ • !• ■ y l « • • • I v"»VK v\-^ • • V• ">i’• ’»'y'-'•'• ^ ’ft* ► V.«.V'.^ N0«A«»#2772 DIAGRAM &HPH1N6 AOOITIPN AREAS CROTTEAU RESIDENCE 1409 COUNTY no* ONONO 9HMWATT 4 MACOONALO OeSMN COHPANY »1 tCMOOkAVB. excojioit ’■^«****-'ajulik CROTTEAU RE5IDENCE 14MCOUNTYRO* OdONO fHAKRATT A HACOONAtO OeS»N COHPAHT aftiftCHOOLAve. tttctLHOm CX5 O '^ :: f: tr% n C. V4 •^'^j L t4. 9 K > U ‘ * ^ ^ ■ BASEMENT PLAN HT» CRC>TTEAU RESIDENCE 1409COUNTYR9* ORONO SHAIWArr t HACPONALO bUMN MMPANT a6196HOOLAVe. exctLHon M049 ;• !• r \ •• r . ( • %• ( (D NORTH ELEVATION SCALE Vir«t‘.or CROTTEAU RESIDENCE 14«00UNTYM0« (MONO 8HMWATT 4IMCOONALO DEMON COMPANYmscHooLAve. excelskm " ----- BONESTROO ROSENE ANDERLIK 96516361311 04/11/02 06:53 0 :01/01 N0:925 1/1 Bonestroo gjS Rosene Anderlik & |\|| Associates Enginctrs & Architects AfMtriik AiMClMtl. ific. ii an AffifUNillve Acii#svie<^ Op^mnity li^ny Rr Mia Imaiajfvv Ow#i#a aripicie#i4^ Olio a •MW'ttfAA. i, Smv4.v ec • qicmi n cae*. • eoeea o. t<rMiiim.^rx. • April 11.2002 ftflitf CaAiMifaeii: BmiMi m. ■uiaat. ft • ietepA C AiHMfua. a#. • ticfMitf f lUncr. ac • Syt^ m Mirriifi. c pa AiieciMa a#aifiatii: Rthm a C m4q#w ac. • mmi a. aftrrtnr. ra • tirfiAra w aatief. at • ommi a LMai^ ai • mmr a HaniAii. as • T t«Aiumm ac • M a aiM Ph • imiMh a AfHiM«A<^ ac • mmi a Mri, ac • U mi0 a llAfKicffiit. MAA • Watry R WiAmiu mv Rf.. LI • AAriCf M Bairi. Mt A e ASah tAk fOWhet FA • ffigmai W acimon. af • Uiwv A IMenil aC • MUtf A itmcn. aa • i. aMI<|i CiJvaf HI. aX • OiM I lAgcftOA P{ • H«iaif AUrtaic#. a|. • IHQiiMt a . fiyfiM. ax • luaMon l Joamoa • Date a C#«m. ax • TAmimh A loistfiar. ax • RiBMft X Ocvcf|t ai OffiMi: IL ajui. it OouX iecnaite^ M whmimt . un • Wf • cmcagti. A ilfia: wwwiofirurAacam Wendy Bouenberg Zoning Administraior/nai CityofOrono Post Office Box 66 Crystal Bay. MN 5S323 John Croiteau Variance File No. 139-02-000 Plat No. 02-2772 Dear Wendy; We have reviewed the plans for the additions to the Crotteau residence. The site is located at 1405 Sixth Avenue North. We have the following conunents with regards to engineering matters: The proposed additions to the building do not present any concerns from an engineering perspective. Silt fence should be installed lakeside of the home prior to any construction or site grading. If you have any questions please call me at (651) 604-4863. Yours very truly. BONESTROO. ROSENE. ANDERLIK A ASSOQATES. INC. Tom Kellogg Cc: Oicg Gappa, City of Orono 1X9C lit MM «ita • *<i.Avx-4Ann • Ma: a«f**ia-ijn ll r I ( r PPR-19-2B02 15:51 NlhtCHRHR CREEK UPTERSHEO 61?4710682 P.ei/Ql MEMORANDUM DATE; TO: CC: FROM: RE: April 9,2002 Wendy Bottenberg. City of Orono; John Crotteau Richard Flint Michael Wyatt, District Technician Permits for 1405 6th Avenue North, Orono This rnenx) is designed to inform the City of Orono and the property owner at 1405 6th Avenue North in the City of Orono that from the current proposal, the project proposed at the location stated above apprars to require permits from the Minnehaha Creek Watershed District. Due to the size of the project, it is apparent that the new home construction will involve the significant amount of excavation (5000 ft’ or 50 ft’) required for the MCWO Rule B: Erosion Control permit In addition, it appears as though there is the potential for wetland and/or floodplain impacts from the proposed cortstruction. Permits for such construction will require Board of Managers approval. Applications such as these typically require 30*45 days prior to permits being issued. Please submit an application for this project for District review as soon as possible. Delays in submittals will ultimately delay the project timeline. Please mail the enclosed application to: Attn: District Technician Minnehaha Creek Watershed District Gray Freshwater Center 2500 Shadywood Road, Suite 140 Excelsior. MN 55331 Pet'd THTfil P PI 1 •'s ! r \ ii I ■ . ! • 1 r lUN DATE IS/li/tZ MTCH 5tA wmtnm cdunty rtoffimr mrottfAixoN svsteh PIIOEEETY OWIttES LIST REPOAT NO. PXASSAtl PAGE T PROP ADDA ONNEA NANE TAXPAYER NANE/AODR 51 24-111-2S SS M29 fXMS SXXTN AVE N A PEARCE IDA PEARCE TRSTES NXUXAN I iARlARA PEARCE 1115 CO RD NO 4 LONO LAAE HN 55545 51 24-111-25 54 liM •1515 SXXTN AVE N NARY H DAYTON NARY H DAYTON 1555 SXXTN AVE N LONG LAKE NN 55554 51 55-111-25 22 •••! •1415 LONG LAKE ItVD KURTXS A GREENLEY i NXFE KURTXS A GREENLEY 1415 LONG LAKE ILVD LONG LAKE NN 55554 PROP ADDA ONNER NANE TAXPAYER NANE/ADDR SO 35-111-25 22 1M5 •1445 LONO LAKE GLVD DONALD N LUND ETAL DONALD A LUND 1445 LONG LAKE DLVD LONO LAKE NN 55554 51 35-111-25 '2 •••4 •1415 SXXTN AVE N R 1 C FLXNT RXCHARD N FLXNT 34S0 NULTXFOOOS ILDG CXTY CENTER NPLS HN 554E2 TOTAL BATCH 504 ••••5 01 rstt. X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF XNFORNATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTNENV OF PROPERTY TAXAHON, TO THE BEST OF HY KNOHLEOCE AND BELIEF. DATE 3- /T-02. • • I >, $ . iUN MTC t3/lt/t2 lATCH 5H HCNNiflN COUNTY MOfEimf XNFORNATIQN SYSTEM fftOfERTV OUNERS LIST PROP ADDR ONNER mm TAXPAYER NAHE/AODR SR 2R-nS-2S S3 fl29 •IMS SXXTN AVE N U PEARCE IRA PEARCE TRSTES NXLLXAN R RARtARA PEARCE IMS CO RO NO R LONO LAKE NN SSSRS SR 2R-nR-2S SR •MR •ISRS SIXTH AVE N NARY N DAYTON NARY N DAYTON ISOS SXXTN AVE N LONO LAKE NN SSSSR SR S5-11R-2S 22 •••! •IRRS LONO LAKE RLVO KURTXS A CREENLEY R WFE KURTXS A CREENLEY IRRS LONG LAKE RLVO LONG LAKE NN 5SSS4 REPORT NO. PXRSSRRI PACE R PROP ADDR ONNER NANE TAXPAYER NAHE/ADOR SR SS-UR-2S 22 OORS •1R4S LONO LAKE RLVD DONALD N LUND ETAL DONALD N LUND 1R45 LONO LAKE RLVO LONG LAKE NN 55354 SR SS-11R-2S 22 OORR •IR4S SIXTH AVE N R R C FLINT RXCNARR N FLINT SRRR NULTXFOOOS RLOO CITY CENTER NPLS NN S5R02 TOTAL RATCN 50R RRRRS (M I. m X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE rt .PRESENTATION OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS DF THE HENNEPIN COUNTY DEPARTNENT OF PROPERTY TAXATION* TO THE REST OF HY RNONIEOOE AND RELIEF. DATE 3*• \ Complete Date: 3/26/02 60 Day Deadline: 5/25/02 REQUEST FOR COUNCIL ACTION COMMmc MEETirlo MAY 1 3 2002 CITY OF ORONO DATE: May 8, 2002 ITEM NO.: Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: List of Exhibits #02-2778 Kevin Manley 1973 Fagemess Point Road Variances LR-IC • Single Family Lakeshore Residential District (1/2 acre) A B Resolution Site Plan Review of Application Council approved a variance for the Manleys on April 22, 2002 to permit raising the existing house from a I '/i story to a full 2 story. The variance was required because a portion of the building expansion is located within the 75’ lakeshore setback. Council tabled the request to permit construction of a 14’ X 8’ deck located between the garage and house. The deck required variances to permit the total hardcove' ro increase from 27.7% to 30.2% in the 75-250’ setback where 25% is allowed. A. second variance was required to allow the total lot coverage by structure to increase from the existing 1,901 s.f. (18.3%) to 2.013 s.f. (19.4%) where 1,553 s.f. (15%) is allowed. The request was tabled to allow further review of the status of the deck and to determine if the deck could be reduced in size and lowered. The purpose of lowering the deck is to bring the total height of the deck to less than 6 ’. Any deck under 6 ’ is not considered as structure. Reducing the deck width by 2’ will allow the property owners to construct the deck and not require a variance to structure. Staff RccommeBdation Staff recommends Council adopt the attached resolution approving a hardcover variance for a deck to not e.xceed 6 ’ in height. The total deck size, absent the walkway, would be 84 s.f COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving a hardcover variance to permit construction of an 84 s.f. deck attached to an existing walkway. r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.56, SUBDIVISION 16 (L) (2) FILE NO. #02-2778 •WHEREAS, Kevin Manley, of Manley Brothers Construction, (hereinafter "the applicant") is owner of the property located at 1973 Fagemess Point Road within the City of Orono (hereinafter "the City") and is legally described as follows; Lot 7, Fagemess, Hennepin County, Minnesota (hereinafler "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April IS, 2002, at which times all persons desiring to be heard concerning this application were given the onportunity to speak thereon; and WHEREAS, the applicant applied to the City of Orono for variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (C) (6) to permit an expansion of the roof line and raising the roof within 75' of the lakeshore; and for variances to Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit additional hardcover within the 75-250' lakeshore setback over 25% and to Section 10.03, Subdivision 14 (C) to permit additional structure over 15% on the property; and WHEREAS, the Council approved variances to permit the expansion of the roof line and raising the roof of the house on April 22, 2002; and WHEREAS, the Council tabled the variance request for the deck addition on April 22, 2002 to allow the propeny owner to revise the plan to lower the deck below 6' to eliminate the variance request that increases the lot coverage by structure; and Minnesota; NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, I.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 Page 1 of 4 lUBti pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate .( demonsu-able 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. 2.The City Council has considered this application including the findings and •recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit additional hardcover within the 75-250 ’ lakeshore setback over 25% for construction of an 84 s.f. deck that replaces a larger deck that was previously removed by the property owners subject to the following conditions: 1. The deck shall not exceed 6' above existing grade. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 13, 2003). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicant has read, understand and hereby agrees to the terms of this icsolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in uhe Chain of Title if the property. Page 2 of 4 L.----- Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of May, 2002. ATTEST: Lindi City Clerk Barbara A. Peterson, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13th day of May, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar>- Public STATE OF MINNESOTA COUNT Y OF HENNEPIN day ofThe foregoing instrument was acknowledged before me on this _______ , 200 ____ 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. Notar>' Public Page 3 of 4 t! 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, 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. Notar>' Public STATE OF MINNESOTA COUNTY OF I lENNEPIN 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, a credible vsitness 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 4 of 4 Im mm II KsgKi #X^^?aNbO - < V REQUEST FOR COUNCIL ACTION couNcii meeting may 1 3 2002 CITY OF ORONO DATE: May 6.2002 ITEM NO.7 Department Approval: Name Pa*il Wcinbergcr Title Zoniiig Administrator Adminbtrator Reviewed:Agenda Section: Zoning Item Description: List of Exhibits French Creek Homeowners Association Request to Install Holding Tank on Outlot A A Draft Resolution B Letter of Request (Stephen K. Miller, French Creek Homeowners Association - April 25, 2002) C Site Plan D Plat Map Review of Request The French Creek Homeowners Association has requested to install a 1.650 gallon holding tank on a commonly owned private recreation lot that was created w ithin the Plat of French Creek. Installation of holding tanks in the City requires Council approval. The recreation lot contains 2 tennis courts and an enclosed ga/ebo building. The ga^rebo was initially plumbed for installation of a toilet and sink when the building was constructed in 1986. The common lot is located at the south end of the French Creek neighborhood. The Committee Chair, Mr. Miller, has stated he is the nearest neighbor to the building and on behalf of the Homeowners Association recognizes the need to provide bathroom facilities on the property. The lots located at the north end of French Creek are located about 1000’ from the tennis court lot. French Creek has proposed to install a holding tank rather than a septic system for several reasons. A complete septic system including tanks and a drainfield site may not be necessary^ to .handle the anticipated use of the building as it is only intended to be one toilet and one shower. The building is not heated and the plumbing use of the lot would be from April IS - October IS. Locating a drainfield site may be difficult due to limited undisturbed land available on the site. Matt Bolterman, On-Site Systems Manager for the City, has no objection to the use of a holding tank based on the anticipated limited use of the gazebo building. Mr. Bohemian did recommend the neighborhood have the tank monitored and pumped regularly. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution approving installation of a l,6S0 gallon holding tank on Outlot A, French Creek for seasonal use with one toilet and one sink. V ■ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 13th day of May, 2002 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 ________________200 ______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 dav of ,20 personally appeared before me. who is personally known lo me whose identity I proved on the basis of , a credible____whose identity I proved on the oath/affirmation_______________ 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 2 of 3 STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of ..20 ; personally speared before me, who is personally known to me whose identity I proved on tho basis of whose identity I proved on the oath/affirmation witness ,a credible and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as hi&her/their free act and deed.f Notary Public Page a of 3 r V*Tfj»T* 25 02 05:26p Suzann* Henka 763-212-2514 E April 25.2002 Via Fax # 952-249-4616 Mr. Paul Weinberger City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 Dear Mr. Weinberger; On behalf of the French Creek Homeowners Association (FCHOA), I am requesting the city's approval to install a holding tank within the FCHOA commons which contains two tennis courts and a U:nnis gazebo structure. The gazebo structure was designed and is plumbed for a sink and toilet which were never installed. At our last FCHOA board meeting we approved the completion of the sink and toilet installation and septic hookup. It was always our intention to utilize a holding tank system which we have now planned out and are ready to install with the proper permit. Please be aware that this is a seasonal toilet (April 15-October 15) and is only used occasionally (10-15 times per season). Our consultants have recommended a 1,650 gallon tank which would be adequate for one or more seasons. Most likely, the tank would be pumped out at the end of each season. Your attention to this matter is most appreciated, and we would hope to get this approval as soon as practical. It is my understanding that the City Council meets on May 13*'', which would be okay, but if this could be approved sooner "administratively." that would be great. Please call me at 763-212-2277 with any questions. Sinceral y. tephelrK. Miller Gazebo Committee Chair French Creek Homeowners Association 1360 French Creek Drive Wayzata,MN 55391 . 1 — r sr^hll'- & ^ VV -s \ // \ ‘yiic r«»»K /•\ ’■^ 1 y - ' 'W\ t^n;. • }/ ' II . > // k'1«- \ \ — n^uyi\h m .N. LC^i^V-X f \ ••• \j I • V . .V-- ‘ .••M' . •• t• « .*' • i \. ___________ y / ,A.,v’ \ N Vc'f !>. ^^.1.' N-. i ■ ./ ♦ / *V •••. *. •. \ I- .« *• •-• fJ4+'FA:-U-5^- I > • < *■ Ie-r-t .• ^ - * ••* * *v* ^ ^ ^ mm __• • —mm • * ^ I. • • • » / \ / sAiIiAiA-. aoo REQUEST FOR COUNCIL ACTION COlJMr.H meeting MAY 1 3 2002 CITY OF OflONO DATE: ITEM NO.: 9 Department Approval: Name Wendy Bottenberg Title Zoning Administrator Administrator Reviewi^^Agenda Section: Zoning Item Description: 2002 Joint Use Dock Licenses (Renewals): Big Island Inc. Carlson/Gage/Nelson Fox Hill HOA Forest Arm HOA Kelly Cove HOA Mtka Power Squadron Pheasant Lawn HOA Victoria Estates HOA Walter Port Assoc. List of Exhibits A • City Map of Joint Dock Locations B • Resolutions C • 2002 Applications We are in receipt of 9 renewal joint use dock license applications for the 1 1 joint use docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. The following applications will be presented to Council for approval when received: - Big Island Vets Camp. - Bohns Point/ North Shore Homeowners have contacted the City stating a possible design change. STAFF RECOMMENDATION: Staff recommends approval of2002 joint use dock licenses for each of these nine applicants. COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2002 to each of the above applicants. rrr-k CITY OF ORONO Private Joint Use Dock Locations A 1 i-iuiy* ^ * ,2 ‘ I i i ji 1 I a 1 t ft iiii I j u i:ri I.'! V N m V. \ n \1 VIM Aim Spring Park NORTHSHORE^r./ r KAA:r-»t^N \ wm,Q.x yrt^‘ A CnMMr Beach . ^ ^ FOX HILL i?”K 1 ^ t M Q v^if^ 11/4;;^^% WALTERS PORT BIO IS^JOIO VpS mi!lNrt)tlKAlJ' MMsQUAcMm CAMP BIG ISLAND, me. d RESOLUTION DIRECTING STAFF TO ISSUE JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2002 TO DECEMBER 31,2002 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 ow ners 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 ow ners, 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 ow ner 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 rights; 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 specid 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 anached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of May, 2002. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 2002 by Barbara A. Peterson & Linda S. Vee, Mayor & City Cleric 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 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSl lANCE FOR ANNUAL JOINT USE DOCK LICENSE I LICENSEE: Big Island. Inc. Dock Address: Big Island, Record Lots #12 and 19 (520/530 Big Island) Agent: Brian Tichy (Treasurer) Address: 6240 Cypress Drive, 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 1,2002 to December 31,2002 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 buoy 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 A 15 *Per Resolution No. 3006, occasional overnight camping allowed. iif^ nuMini umi iiifdHiini ... 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. lU.CK LAYOUT The dock structure or layout authorized by this license sht 1 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 requirements of City of Orono Resolution No. 3006. 2.The maximum allowed boat density per Resolution No. 3006 is 15 total slips. Any increase above this number of slips shall be subject to licensee first obtaining Conditional Use Permit approval 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 maimer 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. STYROFOAM DOCK ADVISORY. Licensee is advised tha* the use of unprotected styrofoam as a dock flotation material has been harmed per Ordinance No. 104, Second Series. ■i - i Yl1«. 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 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2002 TO DECEMBER 31,2002 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 fulfdl their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian ow ners, w hether or not they be commercial marinas or sidential 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 ow ner to Lake Mimietonka 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. Page 1 of2 31 —- 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 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 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 13th day of May, 2002. Barbara Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknov ledged before me on this 13th day of May, 2002 by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE 1. LICENSEE: Property owners of 460,500 and 550 Tonkawa Road Dock Address: 500 Tonkawa Road Agent: do Donna Snyder Address: Tonkawa, Inc., 301 Carlson Parkway, Suite 102, 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 1,2002 to December 31,2002 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 Stubbs Bay 0 1 8 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. MXMVm . A'.......... iIa rvr- ■ ATI** 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. V. 1.The eight approved slips are for the exclusive private use of the property owners at 460 Tonkawa Huad (Gage), 500 Tonkawa Road (Nelson) and 550 Tonkawa Road (Carlson). 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 fe^t^TdOrsl c.oOAtT' I I ylr H*l 4*1 fj$LS^fi_ HigLSOfi Hfewsc»jj L*> I i I Apprt>l--^ PtlA eAr 'V I I 4*1 SS26tnn \iiih cnunpy k ir— !i:-S I ■ • • - ir— ■•!*. •»:• i:*' 1: •: •.• * • * . .10* ^ 12*-- •;Ui: ■>'! I :••■ I -11 fe-/6'A| Shoreline • • ••• .• •«•• • r • - rt/«f^—>J' 1 SSS5I0H - 12* T t ss40im itiV/f uinapy h-ir- 56^=^L:----Ti ^ -T xms2 I , ZofiPidi/ nit/i ((e 1Soo> i^oAT 100’ canopy STUeB-^ c3Ay f ♦ 6* Dr. Glen Nelson 500 Tonkawa Road l.ong Luke, ^in 55.^56 citV op^ 0«Cf^ o D-100 Dock 2" cedar deck Efef^nmg JAN 8 5 20«H » > EKLOF DOCKS 747 South Pine Waconia, Minneeota 55387 (612) 442-2355 or 442^020 rfO lifii*» ^--] RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY i, 2002 TO DECEMBER 31« 2002 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 Cit>' 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 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 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 of2 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 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 StafJ'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 1 3th day of May, 2002. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 2002 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City, Notary Public Page 2 of2 --r m if an<tnmi-i CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSIIANCF FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: Garfield Clark, Dockmaster Address: 1955 Heritage Drive, Wayzata, MN 55391 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 1,2002 to December 31,2002 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 Smith's -11 13 i p #.7--.^ - - 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 an^or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. 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 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 I 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 12th day of June, 1979. 2.Winter storage of dock parts and sections shall be permitted on Outlot UI between the time the dock is removed from 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 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. • ^ 1^2! i' *(3> - ^ / 8 S«.t»o*JS“ /^>* ^ I f CS) rn—r (B> -&> -(S>(£>CP <S^ 1 I I I r 5P« -(3)<S> - CD rmn ^ ;C * S«-CTVo<^^- cS)Ezm UT .4 IV pco/ - /S SSO-s 10 T u 7 4 ^ I iS X ?'s*cno»JS - /u> I I %»%• 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 1,2002 TO DECEMBER 31,2002 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. scq. 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 an\ 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 marii.as 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 of2 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 the above noted general conditions and concerns and the following special conditions as they relate to an application for an aimuai 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 13th day of May, 2002. Barbara Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 1 3th day of May, 2002 by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 j 1 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE POCK LICENSE I. LICENSEE: Forest Arms Countiy 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 ,2002 to December 31 ,2002 11.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 Moo: age Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Forest Lake 11 same J 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 Exhibits B and C. 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 Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. will permit 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 I Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall renuun 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. • • • • •• • ■• • •• •* ****' * *** * '* m * * I V / //7* ..V X. • • ■ A. FOREST ARMS COONTR^’‘CLOD/X^ITIOM . HOMEOWNERS ASSOCIj;pfON . ^ FOREST ARMS IMPROVEMENT ASSOCIATION - -forest lake,/CITY OF ORONO ^•1 )RESr. !••• • •••« #••••••-•• % \ A' •A V ^3 UAKE SnfwTiwe Wiw.-'-___ '•^m/wnctow Sa - •\ • • • ••; 'CX ^ A X>k. -X___ r r — M «M •••••••••• • __S —V■ •»««•• ••• • • ••• •• • ••«••• V>v\ L4KE yEXISTWC DOCKS'^m ... • • % ❖ ❖* .ips 2-11 110) 11’ X,32' ,, * \ ^ Lips 1, 12-14 (4) 11’ X 21‘ .\^- ^ R£CC i‘0«<C j ' • C-i*93 LHOD •«•••■« ** • • ■ •fiv'es-t UWe. • • 1 mm M i•• p m •r r r • p Ip" 4 • ► m ■m •■■ ■m ~TYP’ 1 ®• •• ^ “ I 1 •3 •• z* i m '9 m • • • (g> ■ ■ I I 0 1 ij). 1 p 1 • 1 . €> •• • • • • ' ® ■ 1 I Q - » ■■ 1- 1 ■ 1 ^ ‘“T—^11 le ir. 9^ ^ V''r '''' ■ !•■ lofzi •,«_.«. ,• •.IVfeD APR 9 71QQ? • ’ • ■n -p . 0 ^ »• >iAuM>v*n'rm« > 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 1,2002 TO DECEMBER 31,2002 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the Slate 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 Consen ation 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 pow cr 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 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 nut 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 bent^ !al 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 of2 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 tc 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 Staffto 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 13th day of May, 2002. Barbara A. Peterson. Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 2002 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Miiuiesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Kelly Cove Homeowners Association of Orono Dock Address: 2497-2503 Kelly Avenue (Outlot A, Kelly Cove) Agent: Austin H. Evans, President Address: 2497 Kelly Avenue, Excelsior, MN 5533 1 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 1,2002 to December 31,2002 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 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 S.42 Subdivision 2 of the Oronu Municipal Code. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exlnbit B. Any changes in this layout shJl 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 Miruietonka or the premises in a manner permitted by this resolution, but the use of Lake Miimetonka 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. II I ifc . *. • • •- I fi.L. S.NO.M22 A V Exhibit B RcsolutiOB No«* / • KcUy Cove Bomeownen AssodotloB Approved Dock Location Approved Dock/SUp Layout and DineniloBi n<n .1 I RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,2002 TO DECEMBER 31,2002 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 Slate. 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 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 e.xclusive 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 l.ake 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 ow ner. 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 owTier has no e.\clusive privileges to these rights; and Page 1 of2 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 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 13th day of May. 2002. Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) The foregoing instrument was acknowledged before me on this 13th day of May, 2002 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 ■«it J I CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE POCK LICENSE I. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot #5 (510 Big Island) Agent: David Wiborg, Treasurer Address: 2147 Neilson St., Long Lake, MN 55356 Licensee is:unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group X incorporated club or recreation group other ___________ License Period - January 1,2002 to December 31,2002 II. BOAT DENSITY TTie number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits Band 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 Lower Lake 4 45 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 an^or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B and C. 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. Compliance with conditions of CUP Resolution No. 3416. 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. . ^ >*« ■ **«<> » W^- VW-- -« f • • • . — •• •* •• • 4/*^ •c*'*^5* **• *•••• • * EVwCKBf. WJOllOR iHCntK COUHt^MttW* i .J ••• • • •"'6/ wr.s pAYAOLe IH uclJ ^ « r^.;^ I WITHIN OBScnioeo • ’’.'••\v «T«THPiJ UW^ tiUllVn HU. JU2r9 4jcisrcnED imiKKSOfTX IBllHEi'Ul COUinii • • • . rMnS PAYAOLE IW |i»— ON WITHIN OBSCnlDEO pnopcnTY Ann paid . 6, C) cyu»fQ Tnwn.'• . • / • ’v*.:*.* fH “ • *‘.*' • < . I N II V.-.iVie^y • ■ 1 % • * — —^ .SS™S“!KS!.. * i _ -=c-L '..t|5 iq«)'2>" \ ’Sr- IM S 100' A •r ^ 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 1.2002 TO DECEMBER 31,2002 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 SUtute 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 owTiers 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 has the right to use the entire sur' icr ;rea 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 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 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 StalTto 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 13th day of May, 2002. Barbara A. Peterson, Mayor ATTEST; Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13 th day of May, 2002 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 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: Joseph T. Forrer Address: 2655 Pheasant Road, 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 1,2002 to December 31,2002 II. 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 Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman's 5 plus 1 detached 5 plus 1 detached -jL 6 Exhibit A Resolution No., Page 2 Exceeding this maximum boat density, or exceeding the number of pennitted 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 shovm on attached Exhibits B-1 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. fhe 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. 3.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 2002 Joint Use Dock License to the Association for six slips (including Mahoney's detached slip). Applicants are 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 specific 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: A. (Forrer) 2655 Pheasant Road (I.ots 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. (Vaughan) 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 iri 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 regulatoiy authorities shall deem necessary from time to time in the public interest. V.. ■ ^ 1 exH. KESOLVTXOH Oo. • • • • . X • • 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 1,2002 TO DECEMBER 31,2002 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 commonlaw rights of riparian owners, whether or not they be commercial marinas or residential ow ners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owmers 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 of2 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 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. of May, 2002. Adopted by the City Council of the City of Orono at their meeting on the 13th day Barbara A. Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 2002 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LlCEi SE LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Susan Wanner Address: 460 North Arm 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 1,2002 to December 31,2002 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 North Arm 1 Exhibit A Resolution No.. P^e2 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. III. 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. I.Six slips are approved for Victoria Estates Homeowners Association for2002 subject to the 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 property 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. niai - -. L 1 ---------- 1 * Jt Oiitlol C r 9 E:(n»TINQ C^i\^NU a: •I p C-ATVWLK O’/ER WElLAflOS TO SHORE. - ! .;• ; “W BDikT l)C)CX X 1W LONG. * •! • •• ,»o . -<>•<- - •& • Outio: E I * I I • I r I • ^ ''0ss«mss«st.APR 15 1579 'o %r pj)CK^U)CATW no 5C A.E Plat of Victoria Eistate s '• 0 O L •' C C. 5'^ 1 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 1,2002 TO DECEMBER 31,2002 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 ofthe 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 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 Mirmetonka 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 WHEREAS, Lake Minnetonka is capable of substantia] 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 of2 i«ii I'nirtaniiifl r .f-' 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 Staffto 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 13th day of May, 2002 Barbara A. Peterson, Mayor ATTEST: Linda S, Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 2002 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public L.Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. rONDlTIQNS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE LICENSEE: Walter’s Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: TedStorlie Address: 270 j Kelly Avenue, Excelsior, MN 55331 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 1,2002 to December 31,2002 II. DOAT 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 IIJUII 1 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 an^or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. 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.Variances granted for 2002: a) West property line (extension of west line of Lot 2, Block 2, Walter's Port) - 10' required, zero setback proposed b) 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 - Lot 2, Block 2 Slip 2 - Lot 2, Block 2 Slip 3 > Lot I, Block 2 Slip 4 • Lot I, Block 1 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 I, Carman Bay Heights) is allowed four boats maximum (I of lagoon. 3 at outer lakeshore). 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 nr—* CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 5S323 952-249-4600 LICENSE YEAR 2002 cm' USE ONLY Date Form Mailed to LicMMC Januanr 7.2002 Date Applicatioo Return^ to City n.::j Fee Received S By Empiovee ^:.g^ •’ - * '• ANNUAL JOINT USE DOCK LICENSE APPLICATION CITY \jr unOjVO Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "|| 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 a license therefor from the City.” Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. I. ASSOCIATION INFORMATION 1. Association title or name i if any) _____ Lake ___________Bpv2. 3.Person responsible for this application: Name "TTcNy Phone 9 5^ Mailing Address ^2.ViJ <2yA€€sa Relationship to association 4. __ unincorporated club or recreation group. j^:f1ncorporated club or recreation group. 5. 6. Association is (check applicable items); ___ unincorporated homeowner's group. ___ incorporated Homeowner’s Association. Principal purpo:e of joint use dock is (check applicable items); ____ provide boat mooring and take 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. ___ property leased by the group/association. ___easement or outlet owned in common. _5^^property owned by the group/association. Page 1 of 4 7. 8 10. 1 List Dock location and o\\’nership information: Street address Si^ g Legal property description -^CC Arn^^mg £<M\%rrA_________________ PID# ti/A______________________________________________________ Listed property owner(s) G X a Jc Names/addresses of abutting lakeshore property owners: fNorthAVest> ___________________ eSouth/East'i Names/addresses of other affected property owners (attach sheet if necessar>): H/A________^_______________________ 9. Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy, j? separate group/association owned policy. Name of insured Jc«»4(yg^ J2or. Name of insurance carrier Name of insurance agency Ci»g^s*A>~64<c»aA^ Hii/e. Policy No. Effective date of coverage / r» Amount of coverage: Public Iiabilit>\ per person, per occurrence $ ao6^ odo ^ Public liability, per occurrence $ /,09^ctit _________ 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) Auus ust*A<. II. DOCK INFORMATION 11. 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): X seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking wooden decking ____metal decking Page 2 of 4 13. List Dock Accessories: ^ Number of fire extinguishers available at the dock * JJbCk’ Number of life preservers available at the dock _____________ 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips /V 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 /V IS. 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 applicable items): ___stone rip rap wood seawall metal seawall concrete seawall 17. grass and vegetation only y? other (specify) Depth of water at shoreline: ^ ft; at 50 ft. out: S’ ; 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 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 certifies the following statement: "This is a renewal application and our joint use dock is to be operated uncer the same by-laws or agreement originally made in______ (state year) and on file with the City." 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. 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 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.” ^ 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._____slips @ 2.00 each $ $20.00 LATE FEE ($25.00) if application returned after 3/1/02 $ $ 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 by 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, also by the Planning Commission and Marina Committee. The Council will pass upon 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 Section 5.42 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 Dale Page 4 of 4 .. • r • « • • • • •• • • • ■ . •. •/, • .• • .1 • ' ■■ ■■^" *■ '■ ■ .. . . . . . . . . . • •• •• • •• •• ••V • •'m* • • *,#• ' •• • '.y / • * . ' «*••••••*••• *' /■ . resolution* S3006 EXHIBIT A Kttehtl's Subdivision, and »l50 *ii I KiUhel's Subdivision od '3- s.cbion 2:. Townsbi? 117, Ran,e 23, Government Lots s sna / Hennepin County, Minnesota. ,. iinr^Sn^ninV/roi M‘:5 "ilHl?? EDSilSVaF-"-SaSnapin county, Minnasota. . . . i : ,(■ i \ j -- EXHIBIT 6 ALL CORPORATION OFFICERS NAMES, MAILING ADDRESSES AND TITLES / Linda Dean, President, P.O. Box 188, Excelsior, MN 55331 • aIiKSC SMiai^ Jq> Quinn; Vice President, P.O. Box 188, Excelsior, MN j533l Brian Tichy, Treasurer, P.O. Box 188, Excelsior, MN 55331 Mark Scholle, Secretary, P.O. Box 188, Excelsior, MN 55331 prom : UMCD FAX NO. : 7459005 SLIP sizn RnpouT Nov. 06 2001 04:12R1 P2 FACI; No. /».jV _________ ___________________ »I • • i' * ; MAIIINA ----•■ HATH ; Slip No Olmensioiis *w.s.u.Slip No II) mens ions u.s.u.Slip NO nimnnslons w.s.u. :tj-rv ,. /y y WO zs" 1 •“T 2-./Y ^ Ho z r i-03'//IS w' // •>'2.y IS 1 ‘r'S fo '^zc?/ \ 1 O li /o *■ 2o') m /£> V ^2 o / i ' 0'^- • / o y / T<f II f 2H /.5 • V/o n ^ z¥/.5 .• i r^f/IZ. A- 32. ' ’^fz ^ 31. • Ti3 /^. ^ 3z. 1 i"/2- 32.p- • \ i 11 • • i ! i •1 / * . r/ 1 • • ' / f t. ‘im m > ' • A * «^ 1 ' 1 \ ♦ t r'' «teio^4/8:1 UtCD S } J '-O/ Ai|3|x ue|J8«-sp|3|i|s a:|l«SB4CJ i|ino«Xei 0686 CCS Z9U 81=01 ro/oi/i .8 CITY OF ORONO P.O. Box 66 Cry stal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2002 CITY USE ONLY Date Form Mailed to Licensee__Janyar v 7,2002 Date Appticatioa Returned to City __J Fee Received $ —By Employ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 ection 5.42, Subdivision 2. 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 a license therefor from the City."_________________________ Please complete all items and submit signed application, required attachments, and license application fee to the Cit>’ Clerk by March I of the license year. I. ASSOCIATION INFORMATION 1. Association title or name (if any) Lake____Minnetonka________ Carlson, Nelson and Gage Families 2. 3. Bav Stubbs Person responsible for this application: Name Donna D. Snyder_ _ _ _ _ _ Phone 952/40A-5604 4. Mailing AddressTo nkawa, lnc.301 Carlson Pkwy, Ste.ff 102,Minnetonka, MN 55305 Relationship to association Executive vice President & General Her.-Family Office Association is (check applicable items): NA Not applicable , , , ,------unincorporated homeowner s group. ___ unincorporated club or recreation group. ___ incorporated Homeowner ’s Association. ___ incorporated club or recreation group. 5.Princip.ll purpose v-f joint use dock is (check applicable items): X provide boat mooring and lake access for residential property. ____ provide sw imming 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/association. . . 1 ^ m* J Page 1 of 4 jAn 1 6 "'T.*' gil Y ur UriOi'JO -. - --------- 7. 8. 10. List Dock location and ownership information: Street address 500 Tonkawa Road Legal property description NW 1/4 - SW 1/4. Section 5. Township 117, Range 23 PID# ____ Listed property owner(s) nr. r.ipn n. anrf Mariivn c. Nelson Names/addresses of abutting lakeshore property owners: (North/WesO Mr.& Mrs. Edwin C. Gage. 460 Tonkawa Rd., Long Lake, MN 55356 <’South/East'>**’*s. Curtli; L. Carlson, 550 Tonkawa Rd., Long Lake, MN 55356 Names/ .es of other affected property owners (attach sheet if necessary): Nonv 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 Dr. Glen D. and Mrs. Marilyn C. Nelson_________________ Name of insurance carrier Lumbermans Mutual Casualty Company_______________ Name of insurance agency Marsh, inc.___________________________________ Policy No. F5D 008 000-00______ Effective date of coverage 7-01-01 to 6-30-02 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 lighting x property owner's presence contract security service Note; Dr. Nelson's shoreline Is 396 and uage's is x,z4^' Other (specify) ’ ; the combin 1 ned shoreline, adding Mrs. rSrlsof's II. DOCK INFORMATION 11 . List Dock Use Area Specifications: Width of shoreline: 296 _____ft. Length of main dock from shore: Dock setbacks from side property lines at shore: _________ ft. and ft. ft. 1 2. Dock Construction (check applicable items): A seasonal dock (relocated or replaced each year) _____permanent piling with seasonal deck ____ X wooden decking ____ metal decking permanent piling and decking Page 2 of 4 13. List Dock Accessories: Number of fire extinguishers available at the dock boats are equipped with extinguis her Number of life preservers available at the dock boats & storage shed contain adequate preservers 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips 8 Transient (day use) off-shore buoys _0 _______ Permanent moorage slips_____0 Permanent moorage off-shore buoys _0 _______ Dry storage (rack) slips _______0 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 CONTROL 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: I/2ft; at 50 ft. out: 6* ; at 100 ft. out: 18* 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 tlinctions are intended, these also should be shown on the plan. B 1INTNCORPORATED GROUPS OR ASSOCIATIONS 1. A list of ti.-^ names and mailing addresses of all members and/or slip users. 2. A certified copy nf 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 Oj'erated under the same by-laws or agreement originally made in______ (state year) and on file wiiS the City." V- ; V / Applicant's initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and tiiies 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 cenifies 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-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. 8 slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/02 20.00 $ $ 16.00 TOTAL DUE THIS APPLICATION 36.00 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. TheCitv 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, also by the Planning Commission and Marina Committee. The Council will pass upon 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 Section 5.42 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 1 /'r~ / /X / L.Pate . 0 ^— Page 4 of 4 I fot/TdCnf c.o<yvi.T" I i I !<• 4l I |y;6L5or/ arre >1/ NevScaMl ^;&SAr ^ 'V I I «•! SS26/OII \tiih cannpy ^ ir— t: •!. ‘‘ti — ir— .-i!U •;=i:i I:: •••••■»• -••«••••* «•*•••••• .10’ H - 12*— iilPil 1 wlthfiwopv j Shoreline 50’ . -*N. V Jl— 12* >•••••*• with iiiHOfy f—I2’H ^6* .•••••«•' WWM iO iL 100’ SSI6X2 ^ 000 fr/ with l(p Kot^ GOATcannpy Tc/nr—6’ \ *i-t Dr. Glen Nelson SOOToiikawo Road Long Lake, ^in 55.^56 p rof os'ed (Ze^i-.AJo, 5TU&B-5* C5Ay <r CITY OF C>(^orJ C> D-lOO Dock 2" cedar deck ■jld fS (? n w/ [ JAN 2 5 20U(l r?• ^ 1 EKLOF DOCKS 747 South Pine Waconia, Minnesota 55387 (612} 442-2355 or 442-5020 of^o CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2002 CITY USE ONLY Dite Form Mailed to Lkcnscc January 7. 2002 - By Emplovcc/^y Date Application lUturncd to City Fee Received S y?c ANNUAL JOINT USE DOCK LICENSE APPlJCATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It b 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 laktshore property) without nrathavin£obtained^lcenseUJereto^^mjheCl^/]__^^^^^^_ 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) Lake fi)2. 3. Bay S/>t \'tf^ Person responsible for this application: Name fr? Phone Mailing Address A-j/J Relationship to association T\'.< _______ 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. easement or outlot owned in common. property leased by the group/association, property owned by the group/association. Page 1 of 4 I - j I I 7. 8. 9. 10. List Dock location and ownership information: Street address Legal property description ______________________________________ PID#______________________________________________ Listed property owner(s) ^C)Cf4f i~C- AS*^^j C/ATfO/^ Names/addresses of abutting lakeshore property owners: fNorthAV esi)___________________________________ fSoutli/East) I Names/addresses of other affected property owners (attach sheet if necessary): Insurance Coverage - The jointly used dock is insured by one of the following: xV^roperty owner's homeowner's policy. separate group/association owned policy. Name of insured /A *7/0aJ Name of insurance carrier Hfurts Name of in^ance agency Policy No. m L 5S 0 tX Effective date of Average Slllat Amount of coverage: Public liability, per person, per occurrence $__JLfiEDL, Public liability, per occurrence $ int L} 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: 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): X' seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking X wooden decking metal decking Page 2 of 4 __ • . « L_„ 1 3. 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 categ<^ ("slips" includes boat lifts): Transient (day use only! slips €> Transient (day use) off-shore buoys _ Permanent moorage slips Uf Pennanent moorage off-shore buoys___g Dry storage (rack) slips____<t' 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. F.ROSION AND SEDIMENTATION CONTROL 16.Shoreline is protected by (check applicable items): ^ stone rip rap wood seawall metal seawall concrete seawall gross and vegetation only other (specify) 17. Depth of water at shoreline: ft; at 50 ft. out: ; at ICO 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 tines 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. IININCORPORATED GROUPS OR ASSOCIATIONS 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 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 agmment originally made in (state year) and on file with the City." 0 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 certifled 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 operated under the same articles of incorporation and/or by-laws as originally made or last amended in_______tstatc year) and on file with the City." ______________Applicant's initials ANNUAI. 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 3/1/02 $ $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 Citv 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, also by the Planning Commission and Marina Committee. The Council w ill pass upon 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 Section 5.42 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 andjagents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date / 9 /.? Page 4 of 4 1 . 1 CITY OF ORONO P.O. Box 66 Ciystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2002 CITY USE ONLY Date Form Mailed to Licensee January 7.2002 Dale Applicatioa Re^^d to City Fee Received S By Emnl^ve^^^?^ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is ttnlawful for any (group or association of persons or famiiics, more than two in number, whether incorporated or not) to engage or participate in... Joint us# (of any lakeshore property) without flwt having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. 1. ASSOCIATION INFORMATION ^ 1. Associationlillejarnamejifany) /^jUec'^iL 1iJU^ ________ Bay _______________2. 3. Lake /'ori^T Person responsible for this application: Name Phone UlZ. Mailing Address ^ ^ Relationship to association ^4^4^ 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 J 7. List Dock location and ownership information: Street address_______________________________________ Legal property description 1~Ck.A~ / f' ^ PID#________________________________________________________ Listed property owner(s)___________________________________________ 8 Names/addresses of abutting lakeshore property owners: rNorth^esO CfO* H dl^ tSouth/Eastt______ Names/addresses of other aflected property owTiers (attach sheet if necessary): 9. Insurance Coverage • The jointly used dock is insured by one of the following: __property owner ’s homeowtier's policy. V^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 \y property owner's presence ____contract security service _____other (specify)___________________________ II. DOCK INFORMATION 11. List Dock Use Area Speci fications: Width of shoreline: '2'7>0 ft. Length of main dock from shore: ft. Dock setbacks from side property lines at shore: ft. and /O 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 13.List Dock Accessories: Number of fire e.\tinguishers available at the dock Number 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) ofT-shore buoys _______ Permanent moorage slips__________ Permanent moorage off-shore buoys Dry storage (rack) slips___________ Maximum number of boats at the dock yy 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 CONTROL 16.Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____ metal seawall ___^ concrete seawall ^ grass and vegetation only .xT 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 ofT-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. f^fl^ B. UNINCORPORATED GROUPS OR ASSOCIATIONS ■(' I. 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 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 originally made in _______ (state year) and on file with the City.' U Applicant’s initials Page 3 of 4 c.INCORPORATED Cl.I IBS OR ASSOCIATIONS 1. 2. 3. A nj^eSjjn^^n^^^resses and titles of all corporation oflicers. A statement as to the total number of members in the club or association. / members 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 operated under the same articles ofincorporation 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 APPLICATit)NS Joint Use Dock License Application Fee according to the current Citv 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. /H slips (§) 2.00 each LATE FEE ($25.00) if application returned after 3/1/02 TOTAL DUE THIS APPLICATION $ $ $ $ 20.00 ;2lf<oo s HSon LATE FEE - Renewals Application for renewal of licenses shall be made no later than March I of the license year. The Citv shall not accept renewal license applications received after March I unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete rev iew. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date • * .» • • •• •>•«. •*••• • • • •• * ••ir« •*• •«^«** •**• *• ; • • ••• «•■••• • •••»•«• •••♦ •• • •«• ••• • • / • <' \ • /• ✓ u FOREST ARMS C00NTR1?'CLUD.XMITION . HOMEOWNERS ASSOCI^ON » ^ pnnr.qT ARMS IMPROVEMENT ASSOCIATION FOREST LAKE,/CITX OF ORONO OREST. r M »••• • % LAKE Avry'tsTiwc b0CK$«% . . mInnetonk-m^ • • • .• • • • • • >•• «• ••• •««#•••*•• •y • ••*•• • •• • ••<•• • •' w • • • EXISTtNC DOCKS -J > •••• ••• •••• / • • % LAKE lips 2-U (10) U' X 3-2' _ • ''''<^—1^ lips 1» 12-14 (4) 11 X 21 ^\^C— ^ . * ^ H^C(Jioe<l I ■ • C-i*93 LHCD '■W' K ^ bpuMiowj^ • V-. >9^. Vu««wt»<»r —TT*^“7jr m. •• • • • • t « ■ foves-l: UW®- • • ■ • ■ •• 4 • r r \ ■ m ■ 1 m • ■m • ^ 1 ■ • p ■-• •• ■•• 1' ^ • • • • ••k r©TYP ■ @ ■ ‘j 2*- •• ■ S) •• 0 = <» ®o ■© • ■ * •. • •'• • • • • • . * • A • • ••• • .21' ■ . • • •• 1 t ■ • ^ • 1 ( m • » ■ 1 L ■ 1 ■ 1 • • . ■ • • • ■ • 1—u. P 1 I • 1 r 1 •n • . •• • *** •• •• mm m * V • 1 . 1i A \mi T__ • • • t <3 no L0TZ3 \ -jirogEsaRHS^ssorair. \ aAV 4 0%0» OXET^Ii’s''^'^' 1- ’■ Ks^utivtb ■ APR Z71993 , • CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2002 CITY USE ONLY Date Form Mailed to Licensee January 7.2002 Date Applicatioi^eturn^to Cltv fO I _ By EmployFee Received S 2A^'> ^ ANNUAL JOINT USE POCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section S.42 Section 5.42, Subdivbion 2. 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 havinc obtained a license therefor from the Citv.*' ^----------------- Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. I. ASSOCIATION INFORMATION 1 . Association title or name (if any) Cevte cf dUtit Lake____M t ________Bay C-ARm<T/\^______2. 3.Person responsible for this application: Name A. Phone ih7t11*70 Mailing Address /C4?U,y ^%c£LSt<iR N!f( Relationship to association______i ^ ^>vT_____________ 4.Association is (check applicable items): ___ unincoq)orated 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 (chock applicable items): __*iprovide boat mooring and lake access for residential property. ____provide sw imming 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/association. Page 1 of 4 . 7. 8. 10. List Dock location and ownership information: Street address /rirUV enctfLiiO^. !A^ S‘T33y Legal property description O qtjlo T cevif_______________ pID# oa • iij- 33 /a Listed property owner(s) S'vfhtS. SikvtA />♦ /UntTA^^ecto^ *tiMaT7ty7hf*n At*nA ScuFFSR Names/addresses of abutting lakeshore property owners: rNorth/West^ NcT _______ rSouth/EasO A Ht>lT. ASULLAkg rrH£tT^ MN 5^4?/ 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 kfLLY C a \t£ AteMfdu/omj AlUCttfTt^N cf" cAcNO Name of insurance carrier 1A£ C.tticihiMA'ft CAMA/htiFT Name of insurance agency t Policy No. _________ Effective date of coverage ________ Amount of coverage: Public liability, per person, per occurrence $ /. eoO Public liability, per occurrence $/.ooo, ooo 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.List Dock Use Area Specifications: Width of shoreline: 3 Sh O ’t' ft. Length of main dock from shore: ^ ^ ft. Dock setbacks from side property lines at shore: UO ft. and ITtiT 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 13. List Dock Accessories: Number of fire extinguishers available at the dock LoCM'rgJ^ /y BcA'T~S Number of life preservers available at the dock AqAIS 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 IS. List number of ofl-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by aiy public road. spaces. 111. EROSION AND SEDIMENTATION CONTROL 16. 17. Shoreline is protected by (check applicable items): ___stone rip rap ____wood seawall ____metal seawall X grass and vegetation only other (specify) concrete seawall _ . f t Depth of w ater at shoreline: O ft; at 50 ft. out: 4 ; at 100 ft. out: /O * REQUIRED ATTACHMENTS The following must accompany this application: A. B. 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 alf- 'hould 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 is not required if the applicant initials and certilies the following statement: "This is a renewal application and our joint use dock u 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 C. TNCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation ofhcers. 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 tiie applicant initials and certifies the following statement: "This is a renewai 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." ______________Applicant’s initials D.ANNllAf. IICENSE 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 3/1/02 * $ 20.00 TOTAL DUE THIS APPLICATION LATE FEE - Renewals Application for renewai of licenses shall be made no later than March 1 of the license year. The Citv 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, also by the Planning Commission and Marina Committee. The Council will pass upon 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 Section 5.42 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 u perform safety and code compliance inspections. o Aoive Signed Date OS.fi Page 4 of 4 J . R.L.S.NO. \ ^»-*V ' —*........................— EiklbHB RttoIntloB *> f* Appiv^td Dick Lecitioa Apprwcd Didi/Sl^ Lqrivt —d Dliwilit CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2002 CITY USE ONLY Date Form Mailed to Liccnicc January 7.2002 Date Application Returned to City ^ Fee Received S -7,r-By Employ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or associatioa 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 a license therefor from the City."_______________________ Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. I. ASSOCIATION INFORMATION 1. 2. 3. Association title or name (if any) Mw.v£TnA/Kn Q Lake A11 ’X ca JhA_____________ Bay fe>l(r ______ Person responsible for this application: Name OQUip ________Phone ^^2. Mailing Address Dl^'J Relationship to association •rPzr/K^;iPnf_______________________________ 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. 6. ^ provide a club or association gathering place for activities. 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 J 7. 8. 10. List Dock location and ownership information: Street address -Tsi-ZiVO Legal property description »• i-cT PID# 7X0 - luCt'.t'X_______________________ \ Listed property owner(s) pgu.>f:y» Names/addresses of abutting lakeshore property owners: fNorth/WesO _______________________________ fSouth/Eairt^_______________________________ Names/addresscs of other affected prttperty i<»-ncrs (afach sheet if necessary): 9. Insuranire Coverage - The jointly used dock is insured by one of the following: property owTier's homeowner's policy. y~~ separate group/association owned policy. Name of insured /VI ^^eXtfe K nik^L^ Name of insurance carrier ^Qer /ip/y>p______ Name of insurance agency ^Za J^iQA aa ^ nfiyn^,0< ^ X a <^ Policy 'Ho Cff/lPt4^C:^ ______ Effective date of coverage ___ Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ iftDCb'ftSSO Security and policing of the jointly used dock and property is provided by (check applicable items): ____fencing _____security lighting "~A property owner's presence ____contract security service _____other (specify)__________________________ II. DOCK INFORMATION 11 . List Dock Use Area Specifications: iP» Rn»ch£O 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 year) ____permanent piling with seasonal deck _____permanent piling and decking ____wooden decking _____metal decking Page 2 of 4 J 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock_ JUdL 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys (1______ Permanent moorage slips C) Permanent moorage off-shore buoys _____ Dry storage (rack) slips_____f) Maximum number of boats at the dock ^*sT' 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 CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap ___wood seawall ____ metal seawall _ concrete seawall grass and vegetation only other (specify) 1 7. Depth of water at shoreline:ft; at SO 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 Imes 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 should be showTi 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 certifies the following statement; "This is a renewal application and our Joint use dock is to be operated u.ider the same by-laws or agreement originally made in _______ (state year) and on file with the City." Applicant's initials Page 3 of 4 j] C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 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 is to be operated under the same anicles 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 1ICENSE 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 $ $20.00 LATE FEE ($25.00) if application returned after 3/1/02 $ $ 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, also by the Planning Commission and Marina Committee. The Council will pass upon 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 Section 5.42 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 safely and code compliance inspections. Signed ^^Date Page 4 of 4 I CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2002 CITY USE ONLY Dale Form Mailed to Licensee Janua^ 7.2002 Date Applkation Retuj^^ to City 7. O'A Fee Received S _____ By Employee' ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - "It b uniawfui for any (group or association of persons or famiiics, more than two in number, whether incorporated or not) to engage or participate in... Joint use (of any lakeshore property) without nn^avineobtaine^^llcens^Aerefo^r^th^ity/^^^^^^^^^^^^^^^l Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. 1. ASSOCIATION INFORMATION 1. Association title or name (if any) A/HUaP Lake M)_______Bay rybOjU Person responsible for this application: Name Phone ~ 2. 3. Mailing Address c>€/0Tt____________________Relationship to association 4.Association is (check applicable items): unincorporated homeowner’s group.____ uninco.'porated club or recreation group. incorporated Homeowner's Association. ____ incorporated club or recreation group. 5.Principal purpose of joint use dock is (check applicable items): yi provide boat mooring and lake access for residential property. provide sw imming 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 outlet owned in common. property leased by the group/association, property owned by the group/association. Page 1 of 4 ^ ^ .>7.- mi -.w am. 1 ^ 7. List Dock location and owTiership information: Street address __________________ Legal property description PID# Listed property owner(s) 8.Names/addresses of abutting lakeshore property oNsoers: rNorthAVesO ^ri-h DlOP.lf fSouth/EasO ____ 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 o\%’ner'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)_______ II. DOCK INFORMATION 11. List Dock Use Area Specifications;.^ L 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 year) ____permanent piling with seasonal deck ^ permanent piling and decking ____w ooden decking _____metal decking Page 2 of 4 r 13. List Dock Accessories: . Number of fire extinguishers available at the dock K)oK)B- _ Number of life preservers available at the dock AAX. itO 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 If 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. lU. 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) 17. Depth of water at shoreline: / ft; at 50 ft. out: : at 100 ft. out: /tJ REQUIRED ATTACHMENTS The following must accompany this application: A.DOCK PLAN - ALL APPLICATIONS A dock plan, drawTi 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 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 certiries 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 in_______ (slate year) and on file with the City.” OiTTr \pplicanfs initials Page 3 of 4 Wy t lar (V I, C. rNCORPORATED CLUBS OR ASSOCiATIONS 1. 2. 3. A list of the names, mailing addresses and titles of all corporation officers. A statement as to the total number of members in the club or association, members 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 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." v-r-fT ^J^ I f 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 S 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 3/1/02 $ TOTAL DUE THIS APPLICATION $ 20.00 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not 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, also by the Planning Co .nmission and Marina Committee. The Council will pass upon 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 Section 5.42 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 KESOLUTXOH tiO. 4660 • • • * ;• • w .1 1 • • • • • • • - 1 ^ ' • —G0V tJ^".5"— X HomeoioNWS 2^. O ; J«MT‘D6c4i>Ue«. CITY OF ORONO P.O. Box 66 Ci>’stal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2002 CITY tSE ONLY Date Form Mailed to Liccnicc January 7. Date Appf'eation Returoj^ to City . Fee Received S _ Bv EfeploAo^^V^ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section S.42| Subdivision 2. LICENSE REQUIRED - **lt is unlawfui for anv (^roup 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 Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. 1. ASSOCIATION INFORMATION 1. 2. Association title or name (if any) \[\ Q{ \ q HjOn p7\Srr /7/K _________ Bay l\'c) (\U f\ f /y\______________Lake // Person responsible for this application; Name S iMt; n Phone 'X" 0 /I_______ Mailing Address HIpU A./■ <Ti '<6^ Relationship to association \J ‘CC." ^ J ^ Association is (check applicable items): unincorporated homeoNvner's group. ___ unincorporated club or recreation group, incorporated Homeowner's Association. _____ incorporated club or recreation group. Principal purpose of joint use dock is (check applicable items): prov ide 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): ___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 7. 8. 9. 1 List Dock location and ownership information: . Street address ^^0 /l/. Legal property description/^) ^ j \J’> i "JcJf ^ CJ PID# _Oii -I//W \? \i .MIffListed property owner(s) ^/T'^ Names/addresses of abutting lakeshore property owners: . tNorth/Westt ~Tl) /Y\ I'U ^ H ^l(i}0 A!l H //A (Snulh/F».<0 l'y\LifC>r Names/addresses of other affected property owners (attach sheet if necessary): _______,^0 c. ^_____________________ insurance Coverage • The jointly used dock is insured by one of the following: __ property owner's homeowner's policy. V.^^arate group/association owned policy. Name of insured l/i i "4c)( i(^ \ j . Name of insurance carrier nj^ef \t }ii‘} \' -ff Q S '<f C'\^(0 Name of insurance agency |<(rf/} <L<i ^^yT~'__________ Policy No. - ^ (lO'J riff Bfrective date of co\i^rag^ Amount of coverageT 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 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 dock from shore: ft. • • - « r✓ /\ A A IDock setbacks from side property lines at shore: VC L ft. and (J ( 12.Dock Construction (check applicable items): ____seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck V-.^ pennanent piling and decking ____wooden decking _____metal decking Page 2 of 4 13. List Dock Accessories; Number of fire extinguishers available at the dock p Number 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 ip 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. 0 spaces. 111. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items); stone rip rap ___ wood seawall ___metal seawall ^ grass and vegetation only ____other (specify)_____ concrete seawall 17. Depth of water at shoreline; ^ ft; at 50 fi. out; W ; at 100 ft. out: 47/^ REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawTi 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, dr>’ storage or other on-land functions are intended, these also should be shown on the plan. B. ITNINCORPORATFD GROUPS OR ASSOCIATIONS 1 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 originally made in______ (state year) and on file with the City." _______________Applicant's initials Page 3 of 4 lu 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. (o members 3.A certified copy of the articles of incorporation and by-laws of the conxiration. Note: These copies are nol required if Ihe applicant initials an<l certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incoqraration and/or by-laws as originally made or last amended in________(state year) and on file with the Citv." _______________Applicant's initials D.ANNUAL LICENSE FEE • AI.L 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, (c slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/02 S $20.00 $ $ TOTAL DUE THIS APPLICATION ,05 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Citv 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, also by the Planning Commission and Marina Committee. The Council will pass upon 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 Section 5.42 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 ujxm the property at any reasonable time to perform safety and code compliance inspections. Signed "O Cfi.Date A ” (o ''02— Page 4 of 4 oiiiiot i: >• «.I* EUKiTINQ CHlV^NU •• r. 22’ Sf diin-v U£______ 2*r Ciuiier •1^'’ Slinfish —)O ^ -7/- 5f—□------------------------— — i: -------------2^— N - -......... V ? 7*^—---v ] / CATVMLK iy/ER WE1LAM0S TO SHORE. T *ir- *• •* * ! V. ‘4 BO^iT l)C>C< X IW LONCt. • *l ;*i. .• •• •• • •• '<*» *«ixi* '<5»« M •& 8?'^:rSS? 5as -5'- Outio: E M-.M is« ? .3 5 I .i 8St»i5'tr5«s«’ /\PRL2m3 . 'o :\J?!>AT C»03Ki^ lOM / ur. m —~ —_UC SCA.E Wat of Victoria E:s.tatO!S «. O L»' c n. • • ‘i- r:.*.*• i. • r j5^Mce. Jdhnodn.syy /K. f)r/5t<V»'v, ,v.,/-- • ^)r OJ/I Ji ^ fy\^ !:» S y '7b/»^56>d /!/• /riojnl,<'^^ lAC 5 U ‘/ ^Ortrt'.d-P><2-fh<L Sh<) f\I-('^'■^ ))r,'v^^ m6Mi ,M T^»rv %d /O'-; •'<:/V. /9//'"' moju ■'■^■^^•^ Koie Lj*~id ill, )Or-v^t rriomS - 04sa..&’‘^s (>0'<er3 r- O^rcdMJ------ ', c-to r‘. Pe.ll; >1^/T^CJ2. 'Johnyj^ / / 'Trtujof'^ 5>p-e. (iee. J i»* ! I •. L CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2002 CITY USE ONLY D«te Form Mailed to Licensee January 7.2002 Date Application Returned to City *7. Fee Received S_3CLiz___ By Emplovee-^t^A ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Section 5.42, Subdivision 2. LICENSE REQUIRED - ”lt b unlawlul 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 a license therefor 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 I. Association title or/lame/if any) Lake2. 3. liation title or name (if a Af I AiA/TdAf 4 Bay •ffAsc,. Person responsible for this application: Name Tgp .STC£,U £T Phone <t5'2 V?-/ f ^S'/ 4. Mailing Address y-Q ( SS’33j Relationship to association Association is (check applicable items): *'*||Oinincorporated 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. easement or outlet owned in common. property leased by the group/association, property owned by the group/association. Page 1 of 4 1llh 17 Tim ~ifrr IL~I| i 7. List Dock location and ownership information: 8. Street address Legal property description PID# Listed property owner(s) Names/addresses of a^tting lakeshgrc property owners: rNorth/Wesrt \JK U/t t) a^mne laKesn^ property owi C c 4b if Of C71 rSouth/E.ist'V ^ 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 (^ . / - /7 Name of insurance carrier r^, AJ^r* iffectivffda Name of insurance agency ______ I6'7ft ~ 0( ^01' Amount of coverage: Public liability, per person, per occurrence S date of cov n, per Public liability, per occurrence 2^ Security and policing of the jointly used dock and property is provided by (check applicable items): • ^ contract security service ¥ ler (sc(specify) II. DOCK INFORMATION WJ 11. 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 year) ____permanent piling with seasonal deck _____permanent piling and decking ____wooden decking _____metal decking Page 2 of 4 L 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock_ 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 ofboats 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. 111. EROSION AND SEDIMENTATION CONTROL 16.S^opdine is protected bvf^eck applicable items): T^stone rip rap ?\vood seawall metal seawall grass and vegetation only _____otner (specify) concrete seawall 17. Depth of water at shoreline: _2—at 50 fl. out: at 100 ft. out: A/^ 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, layou* 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 sho\Mi 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 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 originally made in — (state year) and on file with the City." * Applicant's initials Page 3 of 4 '------------------------ - -uriT~Tlirir Bill '■rnn 1 c.TNCQRPORATED CLUBS OR ASSOCIATIONS I. A list of the names, mailing addresses and titles of all coiporation 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 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.” ______________Applicant’s initials AbJNlJAI. 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 S $20.00 LATE FEE ($25.00) if application returned after 3/1/02 TOTAL DUE THIS APPLICATION $ $ /o- 30 • ® 30. LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Citv shall not accept renewal license applications received after March I 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, also by the Planning Commission and Marina Committee. The Council will pass upon 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 Section 5.42 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 Date 1 'Z6i’9 _________________yjj:^5jy_ • • •• m m \• • RESOLUTION.« 2367 I • • •• • • mt • • m ••EXHAti\-r-g * i REVISED REQUEST FOR COUNCIL ACTION DATE: May 13,2002 ITEM NO.: ^ Department Approval: Nane Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Public Services Director’s Report Item Description: Quotations for Highwood Road Storm Sewer Project We are in the process of soliciting quotations for a project to install a new storm sewer pipe to replace an existing pipe that is failing. This existing pipe drains an area adjacent to Highwood Road to Lake Minnetonka. This failing pipe has been causing flooding problems in several yards and threatening a home basement. The proposed project is to directional bore a new pipe from the ponding area adjacent to Highwood Road along a 20 foot wide platted alley to Lake Minnetonka. A project plan is included for your review. The pipe will be directionally bored, so no excavation will be required for pipe installation under the road and down the hill. Excavation will be required near the lakeshore to install a manhole and a short section of pipe. Riprap will be installed at the lakeshore. In order to protect the hill side, the contractor will be required to barge in the necessary materials and equipment across the lake to complete the work near the lakeshore. The estimated cost for this project is $40,000, and the project will be funded from the storm water utility fund. The deadline for the receipt of quotations is 10:00 a.m. on Monday, May 13"*. We will review the quotations on Monday and request Council approval to select the quotation from the lowest responsible contractor. Revisions May 13'^ We received one quotation for this project from MinnComm Utility Construction. Several of the other contractors that were sent the request for quotations were not interested in submitting a quotation either because they were too busy or had concerns about the logistics of coordinating with a barge company in order to bring materials and equipment across the lake. The quotation is for $39,755 which is less than the estimated project costs of $40,000. The City has worked with MinComm on other projects and we are satisfied with the quality of their work. The staff recommendation is to accept the quotation from MinComm Construction for completion of this project. COUNCIL ACTION REQUESTED: Motion to accept the quotation from MinnComm Utility Construction, Mora Minnesota in the amount of $39,755.00 for completion of the Highwood Road Storm Sewer project. Motion to approve a budget adjustment for the year 2002 Stormwater Utility Fund Capital Improvement Budget in the amount of $39,755.00 for the Highwood Road Storm Sewer project. I Bonestroo sjSRotene nAnderCk& |\j| Associates Cngincff s 4 Ardiiltcf s Bidder: pV\ V lOKj C_>0. ivv fV\Total Base Bid: 39 Address; \ C( V'Oj A,ctz^ Lfv 1 ^ Telephone No. Citv. State. Zip: C> K.Pr' 5T>Si.‘OxS f FaxNo.'SiC.-Ci'l^ PROPOSAL HIGHWOOD DRAINAGE AREA FILE NO. 139-01.114 ORONO, MINNESOTA 2002 Opening Time: 11:00 A.M., C.S.T. Opening Date: Monday, May 13,2002 City of Orono P.O. Box 66 Crystal Bay. MN 55323-0066 Dear Council Members: The undersigned, being familiar with your local conditions, having made the field inspection and investigations deemed necessary, having studied the drawings and specifications for the work including Addenda Nos.___ and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment, and all else necessary to completely construct the project in accordance with the drawings and specifications on file with you and Bonesuoo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36. St Paul. Minnesota 55113, as follows; No.Item 1 2 3 4 5 6 Base Bid 12'* storm sewer directional drilled 12' HDPE storm sewer 4' diameter storm sewer MH Skimmer structure 12' RCP storm sewer. Class 5 12' RCP flared end section Units Qty Unit Price Total Price LF 250$<40 4 r,jrcoo — LF 20 S 4 f I,C)CQ"-2. EA 2S ;? 0 o-^s 1.2 ^A-00 EA 1 S 7-f?oo2s -z;^oo- LF lOS s doo'-^ EA 1 S UWItUllDfORMI lit P-l IJWllUilDfOfLMlJill No.Item Units Qty Unit Price Total Price 7 Class m random riprap, hand placed CY SS /j (^OQ ^ 8 Class in random riprap CY ss 1 9 Adjust manhole and casting EA 1 s 10 Abandon manhole EA 1 s 11 Remove existing storm manhole EA 1 s Ij'ZOo®- s 1 jZ-GO^ 12 Silt fence, heavy duty LF 200$^ cZS.•s. -— S Too®® 13 Erosion control blanket SY 40$^ — $ 14 Soiling, lawn type SY 400$ 2? oe> O ^ $ Total Base Bid S ^9.7.5 s- P-2 I1 * ! i !i ! ! The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefore, in the manner prescribed in the specifications, the low bidder shall be determined by adding the sums resulting from multiplying the quantifies stated by the unit prices bid therefore. Accompanying this bid is a bidder's bond, certified check, or cash deposit in the amount of % ________________. which is at least five percent (59t) of the amount of my/our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (IS) days after its submittal to me/us. In submitting this bid. it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and information therein and to award the contract to the best interests of the Owner. In submitting this bid. it is understood that payment will be by ca.sh or check. It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond on the three lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. Respectfully submitted. Name (^Corporation!_^ (AnTnatvtdual) (A Partnership) V Title Printed Name of Signer I " H CniiMrn MEETING MAY 1 3 aXB REQUEST FOR COUNCIL ACTION CITYOFORONO DATE: May 13,2002 ITEM NO.: ^ Department Approval: Nine Gregory A. Gappa Title Director of Public Services Administrator Reviewed: f/4 Agenda Section: Public Services Director's Report Item Description: Quotations for Highwood Road Storm Sewer Project We are in the process of soliciting quotations for a project to install a new storm sewer pipe to replace an existing pipe that is failing. This existing pipe drains an area adjacent to Highwood Road to Lake Minnetonka. This failing pipe has been causing flooding problems in several yards and threatening a home basement. The proposed project is to directional bore a new pipe from the ponding area adjacent to Highwood Road along a 20 foot wide platted alley to Lake Minnetonka. A project plan is included for your review. The pipe will be directionally bored, so no excavation will be required for pipe installation under the road and down the hill. Excavation will be required near the lakeshore to install a manhole and a short section of pipe. Riprap will be installed at the lakeshore. In order to protect the hill side, the contractor will be required to barge in the necessary materials and equipment across the lake to complete the work near the lakeshore. The estimated cost for this project is $40,000, and the project will be funded from the storm water utility fund. The deadline for the receipt of quotations is 10:00 a m. on Monday, May 13*. We w ill review the quotations on Monday and request Council approval to select the quotation from the lowest responsible contractor. COUNCIL ACTION REQUESTED: Motion to accept the quotation from in the amount of S for completion of the Highwood Road Storm Sewer project. Motion to approve a budget adjustment for the year 2002 Stormwater Utility Fund Capital Improvement Budget in the amount of $______for the Highwood Road Storm Sewer project. rm-11 r-T T* i 5jst ** *y,-*^,** /-iKi i‘. vrT •Tcmhm toM EUUtt^/ ‘ , / H(JM#i/t'. ite Y A-,,-,.,: /,,■;I > - /Vfe/|«»- ■ ■\\'1>{V / f Or »/ /\\\^ \\fr \ mai ^olc rowval U «^ *\/ ' P / \ sV fV ' / W xlBl /3?-«ciK)vc cnsiiNC STORM 5cwc« $ ; \ < /\ ' Co // ' ,v \t X\ IBSC /X TO MSTALL CBIIM-3 AMO PlPC. V* \ 06L SPK RR • S« CORMCR ALilV * MMOOO RO #M»I / <7 #/ ' ^ >/ ■ ', ■''ij''--/ p.f',-• J/;'°' -V/' ' .. •RCIIOVC CnSIlNC STORM 5C*CR $ t ^ I TO tlSTAlL C8MH-2 AMO PfPt. V \ » A8AM00N AMO BULKMCAO RCMAiNINC > , V ^X ' V/^ STORM StMtR IRPC. , V _.A8AM00MMtNT AMO OOLKHCAOINC SMAU. 0C I /V •. waO£NTAL TO C8MM-2 tMSTAaATION, ) \^'t\ STMM-1 i\U I WATCH QXV. 92&S 11/20/01 iIi;: aow\ v .-‘* ADJUST ixmi 531 11 ♦••0* M Ml «Mh I •f MM« • >«iif •MMabMm MmmA •<M» A wm Mwr • «4» a liwiwi* ««ft MM* WMMM if a WfMW 90 • MWi#M MMiMM iwifi ■«» IMI M •« I—»4gi M«M— mn^ •* ^Mf Ctrnumm Mn IM 94m §4 ■«« «l »* •• UlA M a*|i A m ai iS kMM •! Oh M |M«a « iMOia ^ MH H CM* Ml IWH ■M «*«• l«i if M« |0 ( RcsmiciKjN aow v A ""' F ;? * * PIRC ENOV 'WODCMTA l .. »4fOTC: 2 ’. TO PIPE I^T^aATJCl^Y'*"" CRAOE AROUMO STWH-2 \’^12* RCP \ v \ 70 oilRCCT ^AINACE HTOy ALL OIRECTIOMS yV«i«TAii —^0 ^ SwyMER STRUCTURE. 4 CYa.5l3nUP ' V (WKaOOiTAL tO SKiMMtR ^TRUCTURC RlSTALLATTOM) STRUCTURE IMsV*XAfiON)\ \ ^ \ . > \1^TH0USC' \ V\ ''(A ' ' ' '■ ■; iv.,', , MAWO PLACED dA3 KP RAP tS'-12* HOPE mH«.|J * \ •• \ \ /' in it«t ir MOPE OR PVC Ptf>c CAP -12* «PC Pi*c EnSTiMC GRADE OVER PWE STIAI-2 / CUT r ORWKE MTO 12* ENO CAP MATCH M^TS V* **■iX*. aOiRBIBCm.PfE NO iCMX stmn-1 to be constructed FROM mJOOi BASE SLAB TO BE PRECAST C0N0RE1E 4* OUMCfCR Aa MP RAP AND STMH-1 MATERIALS TO BE OEUVCREO TO SITE FROM lAKESOE. S CY HAMO PLACED MR tUP 12* RCP • 1 OOS mCL 12* FES rectiom mS<8 t: ^co » o «» 19-ir MOPE \ • OOOX (s m STIiM>2 DCTAR- NO SCAU 14-00 f REQUEST FOR COUNCIL ACTION Coi JMr.lL meeting MAY t 3 20(12 CITY OF ORONO DATE: May 13,2002 10ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: Agenda Section: Public Sers’ices’s Directors Report Item Description: Lift Station Pump Control Panel Replacements The 2001 Sewer Capital Improvement Budget included $30,000 each for three lift stations to replace the pumps and control panels. These three stations were constructed in 1971 as part of the Saga Hill/Forest Lake Area Sanitary Sewer Project. Approval for the pump replacements has already been obtained. The total cost for the pump replacements is $40,000, so there is $50,000 left in the budget for the control panel replacements. Since this money was included in the 2001 budget, a budget adjustment to the 2002 Sewer Capital Improvement Budget will be required for purchase of these panels in 2002. We obtained quotations for the purchase and installation of new control panels in these lift stations, and the Council previously accepted the quotation from Electric Pump of Minneapolis. These new panels will be large enough for the future installation of SCADA equipment. Upon engineering review of the shop drawings submitted by the control panel supplier, it was noted that several necessar>' items were not included in the panels. This is because the quotation request prepared by public works stafTdid not clearly specify that these items were required. The revised quotation below increases the cost per panel by $850 to account for these additional items that have been added to the panels. These additional costs do not change the results of the quotation solicitation process. Lift Station #16 $11,710 Lift Station #17 $11,710 Lift Station #19 $11,710 Revised Quotation $12,560 Revised Quotation $12,560 Revised Quotation $12,560 Total Cost $35,130 Revised Cost $37,680 COUNCIL ACTION REQUESTED: Motion to accept quotation from Electric Pump, Minneapolis Minnesota for lift station control panel replacements in the amount of $37,680. Motion to approve a budget adjustment to the 2002 Sewer Fund Capital Improvement Budget in the amount of $37,680 for the purchase and installation of three replacement lift station control panels. i STROO ROSENE ANDERLIK W 6516361311 02/08/02 11:52 0 :02/02 N0:99‘ HtmmlngJIohnR WMtbrook, Chad B Friday. Fabruary 08.200211:15 AM Hamming, John R Orono Lift Stailona Hi John. Hera are my commenta on the lift atation control panel review for the City of Orono. ^ 1. I noticed that there ia a comment for 2-foot lega and akirt. The akirt ahould alao 0^ have louvera. 2. X aee on Page 1 of 2 of the drawinga a numbered table atating what each device ia. Will there be lamacold. or other nameplatea provided for each of theae itema? There ia no motor aeal fail indication. Doea the City want thla alarm? There ia net motor ovtrtemp indication. Doea the City want thla alarm? S. There ia no back up control to the MPB duplex controller. The City may want to add ;^a relay backup which locka out the MPB controller and etarta the pumpa on High level. If j the high level float ia reached, it may be becauae the main controller haa failed. A reiet pushbutton could be added to reset the controls. A timer may be added to delay the lag pump from starting at the same time as the lead pump. 6. Confirm generator receptacle number. Receptacle shown does not indicate it is "reverse service". y.yX 0-^ ! C REQUEST FOR COUNCIL ACTION OrwiMrii meeting MAY 1 3 2002 CnYOhORONO DATE: May 10,2002 ITEM NO: / / Department Approval:Administrator Reviewed:Agenda Section: Name RonMoorse City Administrator's TUk City Administrator i Report Item Description: Payment Requests -1!^ng Lake Fire Station Hie City has received three invoices related to the Joint Fire Station Project. They are as follows: 1. 2. ‘Construction Bulletin: Advertisement for Bids BKV Architects $ 264.69 $7,299.20 COUNCIL ACTION REQUESTED: Motion to approve the requests for payment in the amount of $264.69 to the Construction Bulletin and $7,299.20 to BKV Architects. ?Cahner& ■ILL TO NUMBER BWOICEDATE invoice NUMBER •HIM 04030003 2037S17^ A OMflon of Reed Bsmicr Inc. Construction Bulletin MVOICE BNITe: crrvoFLONOUKe ATTN; MCHELLE MORSE ISM PARK AVS bONO LAKE, MN saassoaM Pteee* direct queclions ta: PHONE: (8W) 296-984S PAX* (763) 537-1363 LEGAL AOS *-403100, FEBRUARS'i&lEXB SIZE FRCOUSNCV P.O. NUMBER; 1615.01 CAHNERS r^aassoo 1S3 o PER UNe*-.00216 RATE IX S2M.6I GROSS AMOUNT S2MS9 ORDER TOTAL: AO CAPTION: LONG LAKE.MN NEW FIRE STATION PROJECT MESSAGE: 2-22*02aaPAOe 30-31 2-22.3-1-02' S3S4.68 UW 3- 3002 ••t -i TOTAL AMOUNT DUE PAYABUM UA.DOLLARS S264.69 __________________________PAYMENT DUE DATE __________________________________________ BHX TO NUMBER •2IIS4 INVOICIBATE 04030002 DfVOICE NUMBER 7mm agency COMMISSION DISALLOWED AFTER 30 DAYS FROM THE DATE OF INVOICE P^1 e(1 Mall To: ASSOCCONSTRPUBL /CMO P.O. BOX 930141 ATLANTA. GA 31193 USA TOTAL AMOUNT DUE PAYABLE ft U.S. DOLLARS Wire To: FIRST UNION ATLANTA. 6A 30092 USA ACCOUNTNO. 20000066790S4 BANK ROUTING NUMBER 061000227 leiudxeMif cuetemereiMlJ $264.69 VISA-MC- AMEX CALL TOLL FREE (800) 486-0014 lee numbers S00/Z00*a 0L8S#3XV1 DNOT io A1I3 ZZ96 9LI ZS6 SZ^II Z00Z.90’AVH i BKV O R O U f ArchltMlur* Inrarior Dtcign CnQinMring Ki«M Vof»i Gfoyp Inc 222 North Saeond SUMt Mhmo|MlM.IMN 55401 *nz»3fsi FboMhi 612539^212 www.bkvgroup.coM EOf • • • •• Billing Group 012 Totals: 900/100*5 0L89« Invoice Invoiea Numberl98S6 Invoice Dole: April 25.2002 OtvofLmsLike P.O. Bon 606 Lone Lake. MN 553S6 Anontion: Michelle Morse Project: 1515.01 City of Long Lake fmfifs’n-M Smitti Ihw** 5^25/02 — BDliiig Croup: Counct#: Pin StatioB Poo: AnbukneoSonrtn Altanato: TOTAL FEE: on $222,1 $ 2400 $325400 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: $225,100.00 63.00% $166,833.00 $160,080.00 Cunent Fee Total:$6,753.00 Reimbursables Ctiirge Consultant Reinib.545.70 040 Reimbursables Totals $546.20 Billing Ocoup Total: BUItag Creep: REIMB Contract#: $7499.20 8H\n OMOl iO Alio 6Z96 91.t Z96 GZ^ll Z00Z.90‘AVM 1 •nr BOlIng Grftyf REIMB Totalis 900/S00*d 01.891 0NV uruup, iia;. Project: ISIS.01 Aotil 25.2002 Page 2 of 2 Rcimbursables Charye Bond Paper byS F.0.S0 Copy Paper 8 1/2 X 11 74.10 Delivery Sovice 22.95 Long Dist Telephone Chrgs 3.59 Mileage/Ttavel 44.53 Pouage 21.66 S 147.33 Billing Group Total: Project Totals: ♦♦♦ Invoice Total ♦** lym 9N01 JO Alio S167.33 $7,466.53 ■: BiOtag Sumaieiy Carrent Prlftf leu Profeational Services $798.70 $176432.50 $1774314( Reitnbuntable Expenses:$713.53 $12,650.31 $13,363.8^ ‘OutZidi SeTvlces.' "" Other Services and Fees:S0.00 $0.00 $0.0( Futance Charges:$0.00 $0.00 $0.0C Taxes:$0.00 $0.00 S0.0C Total;$7A66i3 $192.73041 $200,196.8^ Aged Receivables: guttant Dftvi imsim Pl-iaPan Quar iMPav 7.46453 S04»laoo $0.00 saoo ZZ96 9if Z96 9Z:tt Z00Z.90‘AVK MAY 1 3 MHREQUEST FOR COUNCIL ACTION __ felTY OF ORdKf8 DATE:* May 10,2002 ITEM NO:IX Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Scheduling of Work Session There are a number of items to be discussed in a Council work session. It is necessary for the Council to select a date and time for a work session. COUNCIL ACTION REQUESTED: Motion to select a date and time for a Council work session. 1 l! ■A i REQUEST FOR COUNCIL ACTION DATE: May 9.2002 ITEM NO: / 3 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Description: Release of Easemtmts on Orono Oaks Properties Agenda Section: City Administrator's Report As part of the Highway 12 upgrade project, Mn/DOT is purchasing several parcels on Orono Oaks Drive as right-of-way for the new' roadway. Three of these parcels have wetlands in the planned right-of-way which are to be filled as part of the Highway 12 project. The City has approved the preliminary design plan which includes the filling of these wetland areas. During the process of finalizing the acquisition of these properties. Mn/DOT discovered that at the time of the subdivision approval, the City had taken conserv ation and fiowage easements over the wetlands on the properties. In order for Mn/DOT to proceed w ith the acquisition of the properties, it is necessary that these easements be released; otherw ise, Mn/DOT could acquire the properties and still not be able to proceed with work that would impact the wetlands. From the City ’s standpoint, it is important that prior to releasing the easements, the City should be assured that the wetland impacts will be properly mitigated. The Minnehaha Creek Watershed District (MCWD) is the local governmental unit responsible for administering the Wetland Conservation Act’s wetland protection and mitigation requirements. I have discussed this issue w ith ‘■.‘aff at the MCWD who assured me that the MCWD will ensure all wetland impacts along the Highway 12 corridor are properly mitigated through the District’s permitting process. 1 he City Attorney has indicated the easements can be released either through a release of easement document or by a Quit Claim Deed. Mn/DOT has prepared Quit Claim Deeds for the easements on the three properties. The City Attorney has reviewed the Quit Claim Deeds, and has indicated they are in proper form for e.xecution. Staff Recommendation Based on the MC WD’s required permitting process to ensure proper mitigation of wetland impacts, staff recommends approval of the Quit Claim Deeds releasing the City ’s interest in the easements. COUNCIL ACTION REQUESTED: Motion to approve the Quit Claim Deeds releasing the City ’s interest in the conservation and fiowage easements over the wetlands in the right-of-way needed by Mn/DOT for the Highway 12 project on properties at 1290,1260 and 1230 Orono Oaks Drive. 'I J , if i‘. GlTYof ORONO 4*RESOLUTION OF THE CITY COUNCIL NO. _ A RESOLUTION APPROVING THE RELEASE OF CONSERVATION AND FLOWAGE EASEMENTS ON THE PROPERTIES AT 1230,1260 AND 1290 ORONO OAKS DRIVE THROUGH QUIT CLAIM DEEDS 'WHEREAS, the Orono Oaks Drive subdivision approval included the granting to the City of Conservation and Flowage Easements to protect existing wetlands on the property, including the properties at 1230,1260 and 1290 Orono Oaks Drive; and . ’ WHEREAS, the legal descriptions of these three properties are: Lot 3, Block 1, Lot 4, Block 1, and Lot 5, Block 1, Orono Oaks; and WHEREAS, the plan for the Highway 12 upgrade project includes the acquisition and filHr.g of portions of these wetlands to provide right-of-way for the Highway 12 project; and WHEREAS, the Minnehaha Creek Watershed District is the local government unit responsible for wetland protection under the Wetland Conservation Act; and WHEREAS, Minnehaha Creek Watershed District staffhas assured the City that they will require proper mitigation of all wetland filling for the Highway 12 project. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby approve the release of Conservation and Flowage Easements on the properties at 1230,1260 and 1290 Orono Oaks Drive through Quit Claim Deeds. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of May, 2002. ATTEST: Linda S. Vee, City Clerk Robert K. Sansevere, Acting Mayor Page I of 1 QUITCLAIM DEED STATE DEED TAX DUE HEREON: $ Date:. C.S. 2713 (12s10)903 Parcel 92C County of Hennepin For a valuable consideration, City of Orono, a municipal corporation under the laws of the state of Minnesota, Grantor, hereby conveys and quitclaims to the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: That part of Tract A described below: Tract A. Lot 3. Block 1, ORONO OAKS, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County. Minnesota; the title thereto being registered Os evidenced by CertiFicate of Title No. 777974; which lies northeasterly of Line 1 described below: Unel.Commencing at the south quarter comer of Section 35, Township 116 North, Range 23 West; thence run northerly on an azimuth of 358 degrees 38 minutes 07 seconds along the north and south quarter line of said Section 35 for 919.05 feet, thence on an azimuth of 293 degrees 21 minutes 12 seconds for 109.29 feet; thence on an azimuth of 340 degrees 58 minutes 42 seconds for 42.55 feet; then northwesterly for 212.56 feet on a non-tangential curve, concave to the southwest having a radius of 11405.94 feet, a delta angle of 01 degrees 04 minutes 04 seconds and a chord azimuth of 295 degrees 27 minutes 35 seconds; thence on an azimuth of 250 degrees 12 minutes 26 seconds for 22.94 feet; thence on an azimuth of 295 degrees 31 minutes 50 seconds for 174.61 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 339 degrees 02 minutes 04 seconds for 17.92 feet; thence northwesterly for 954.69 feet on an non- tangential curve, concave to the southwest, having a radius of 11405.94 feet, a delta angle of 04 degrees 47 minutes 45 seconds and a chord azimuth of 291 degrees 30 minutes 16 seconds and there terminating; together with an easement in perpetuity for a retaining wall over the following described strip, the owners to retain the right to use said lands for any purpose not inconsistent with the purpose for which this land is acquired: A strip being that part of Tract A hereinbefore described, adjoining and southwesterly of the above described strip, which lies northeasterly of a line run parallel with and distant 10 feet southwesterly of Line 1 described above; also the right to use the following described strip for highway purposes, which right shall cease on December 1,2007, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: Page 1 of 2 L. A strip being that part of Tract A hereinbefore described, adjoining and southwesterty of the last above described strip, which lies northeasterly of the following described line: Commencing at the south quarter of said Section 35. run northerly on an azimuth of 358 degrees 38 minutes 07 seconds along the north and south quarter line of said section for 840.11 feet to the point of beginning of the line to be described; thence on an azimuth of 295 degrees 31 minutes 50 seconds for 1000.00 feet and there terminating; excepting therefrom the building situate thereon. together with all hereditaments and appurtenances belonging thereto. This deed is given to release the grantor ’s interest In the easement for drainage purposes filed December 28,1978 as Document No. 1310741, Files of the Registrar of Titles In and for Hennepin County. CITY OF ORONO Its Mayor And. Its aerie STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) )ss. The foregoing instrument was ackreowledgert before me this ---------------------.______. by ________________ day of and the Mayor and the Clerk of City of Orono, a municipal corporation under the laws of the state of Minnesota, on behalf of the municipal corporation. NOTARY PUBLIC My Commission Expires:. This instrument was drafted by the State of Minnesota. Department of Transportation, Legal arul Real Estate Conveyance Unit, St. Paul, Minnesota 55155 R5979(M)5W.wpd Send tax statement to Grantee: State of Minnesota Department of Transportation Maitstop 631 (DP) 395 John Ireland Bhrd. St Paul MN 55155 Page 2 of 2 QUITCLAIM DEED STATE DEED TAX DUE HEREON: $. Date:________________________ C.S. 2713(12=10)903 Parcel 92D County of Hennepin For a valuable consideration, City of Orono, a municipal corporation under the laws of the state of Minnesota, Grantor, hereby conveys and quitclaims to the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: That part of Tracts A and B described below; Tract A. Lot 4, Block 1, ORONO OAKS, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by Certificate of Title No. 714099; Tract B. Lot 5, Block 1, ORONO OAKS, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County Recorder in and for Hennepin County, Minnesota; the title thereto being registered as evidenced by CertiHcate of Title No. 628711; which lies northeasterly of Line 1 described below: Line 1. Commencing at the south quarter corner of Section 35, Township 118 North, Range 23 West; thence run northerly on an azimuth of 358 degrees 38 minutes 07 seconds along the north and south quarter line of said Section 35 for 919.05 feel to the point of beginning of Line 1 to be described; thence on an azimuth of 293 degrees 21 minutes 12 seconds for 109.29 feet; thence on an azimuth of 340 degrees 58 minutes 42 seconds for 42.55 feet; then northwesterly for 212.56 feet on a non-langentiat cun/e, concave to the southwest, having a radius of 11405.94 feet, a delta angle of 01 degrees 04 minutes 04 seconds and a chord azimuth of 295 degrees 27 minutes 35 seconds; thence on an azimuth of 250 degrees 12 minutes 26 seconds for 22.94 feet; thence on an azimuth of 295 degrees 31 minutes 50 seconds for 174.61 feet; thence on an azimuth of 339 degrees 02 minutes 04 seconds for 17.92 feet; thence northwesterly for 954.69 feet on an non- tangential curve, corKave to the southwest having a radius of 11405.94 feet, a delta angle of 04 degrees 47 minutes 45 seconds and a chord azimuth of 291 degrees 30 minutes 16 seconds and there terminating; together with an easement in perpetuity for a retaining wall over the following described strip, the owners to retain the right to use said lands for any purpose not inconsistent with the purpose for which this lands is acquired: A strip being that part of Tracts A and B hereinbefore described, adjoining and southwesterly of the above described strip, which lies northeasterly of a line run parallel with and distant 10 feet southwesterly of Line 1 described above; Page 1 of 2 also the right to use the following dMCfIbed strip for highway purpMes, wWch rtghi than cease on December 1.2007, or on such earitor date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: A strip being that part of Tract A hereinbefore described, adjoining and southwesterly of the last above described strip, which lies northeasteriy of the following described line: Commencing at the south quarter of said Sectioo 35, run northerly on an azimuth of 358 degrees 38 minutes 07 seconds along the north and south quarter line of said Section lor 840.11 feel to the point of beginning of the line to be described; thence on an azimuth of 295 degrees 31 minutes SO seconds for 700.00 feet and there terminating; excepting therefrom the building situate thereon. together with all hereditaments and appurtenances belonging thereto. This deed is given to release the grantor's interest In the easement for drainage purposes filed December 28,1978, as Document No. 1310741, Files of the Registrar of Titlos in and for Hennepin County. CITY OF ORONO Its Mayor And. Its Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) )ss. The foregoing instrument was acknowledged before me this ------------------------------------ by________________ day of and the Mayor and the Clerk of City of Orono, a municipal corporation under the laws of the state of Minnesota, on behalf of the municipal corporation. NOTARY PUBLIC My Commission Expires: This Instrument was drafted by the Stale of Minnesota, Department of Transportation, Legal and Real Estate Conveyance Unit St Paul, Minnesota 55155 R59905-05W.wpd Send tax statements to Grantee: State of Mirvresota Department of Transportation MaHslop 631 (OP) 395 John Ireland Blvd. Si Paul MN 55155 Page 2 of 2 L-----J L REQUEST FOR COUNCIL ACTION 1^<IEET\NG MAY \ 3 2002 CITY OF OHONO DATE: May 9,2002 ITEM NO: / ^ Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Purchase Agreement Related to City Owned Property The City is working with Dr. Carl Derg and his partners regarding their purchase of the two-acre parcel of property owned by the City at the comer of Highway 1 2 and Old Crystal Bay Road. They are planning a'dental office building on the site. Several months ago the City determined the value of the property, and this value was reflected in a purchase agreement proposed by Dr. Berg and his partners. Rolfe Worden, the City ’s real estate attorney, reviewed the proposed purchase agreement and prepared a revised agreement which was sent to Dr. Berg in mid-February. A copy of this revised purchase agreement is attached. The partnership proposed a number of amendments to the purchase agreement as laid out in the attached letter from Rolfe Worden. The most significant of the amendments relates to the portion of the property on w hich the Old Crystal Bay Road bike trail is located. The partnership w as not aware that the bike path was located on the parcel until recently. The partnership is proposing that the portion of the site on which the path is located be divided away from the remainder, and that the price be reduced by $33,000 based on a reduction of6,000 square feet at a value of $5.50 per square foot. The City Attorney has suggested to the partnership that It may be advantageous to retain the fee title to the bike path area and provide an easement to the City for the bike path. They have indicated the presence of the bike path has significantly impacted their development proposal. They believe the value of the total parcel should be reduced by the value of the bike path area. It is staff s recommendation that the sale of the property should include the entire property, including the bike trail area, and that the City retain an easement for the trail and that the price of the property be reduced by the value of the trail easement. When the City acquires easements for trails, it generally pays market value on a per-square-foot basis. It is reasonable to reduce the value of the parcel by the value of the easement, based on a value of $5.50 per square foot. The value of the parcel should be determined by subtracting the area of the easement from the total area of the property. COUNCIL ACTION REQUESTED; Motion regarding revisions to the purchase agreement related to the sale of the City ’s property at 2765 Kelley Parkway. 1 HINSHAW & CULBERTSON HFER JAEFRAY TOWER SUITE JIM 222 SOUTH NINTH STREET MINNEAPOLIS. MINNESOTA 5S402 AI2 331 3414 TELEFAX 612 314 llll MEMORANDUM TO:Ronald J. Moorse FROM:Rolfe A. Worden DATED: May 6,2002 RE:City of Orono/Professional Properties of Orono, LLP Purchase Agreement Robert Ritter called last week to comment on the proposed Purchase Agreement that I sent to Dr. Karl Berg on February 5,2002, this was the first I had heard on this matter. His comments were as follows: He said that the bike path as used encroaches 25 feet onto the property for a total of 6,000 square feet. I le wants $5.50 square foot reduction in the purchase price ($33,000.00). (Note: another way to handle the matter" uld be to convey the property subject to the bike path easement, and let the square footage be used in computation of land-to-building ratios, etc. He wants Orono as Seller to pay State Deed Tax. 3) He wants Orono to pay all levied or pending special assessments. [Could you check and see if there are any?] He wants to close on or before September 1,2002. 5) He wants governmental approvals to be fulfilled on or before September 1,2002. HC260S4/471S/ 26S57037.VI 5/6/2002 A PARTNERSHIP INCLUDfNO PROPESSIOHAL CORPORATIONS i 1 He wants the mortgage financing contingency date to be July 1,2002. 7) He needs language in the Purchase agreement reflecting the fact that he is a real estate broker. 1 He confirmed, as reflected your Memorandum directed to Tom Barrett of January 29, 2002, that he is a principal in the transaction. For the recorded, he noted that he wants the following used for his address and designation in the agreement: Robert J. Ritter 125 Lake Street West Wayzata, MN 55391 Telephone: (952) 475-8050 Fax: (952)475-8010 HCM084/471V 26557037 vl 5/V3002 A PARimSMP INCLUWIO PtOfISSIONAL COWOftATIONS PURCHASE AGREEMENT RELATING TO VACANT LAND ORONO, MINNESOTA EfTective Date: February___, 2002 1. Parties. The parties to this Purchase Agreement are: (a) The City of Orono 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323, Attention: Ronald J. Moorse, City Administrator (the "Seller"); and (b) Professional Properties of Orono, LLP, 13988 Maple Knoll Way, #102, Maple Grove, MN 55369; Attention:__________(the "Buyer"). This Agreement sometimes refers to Seller and Buyer individually as a "Party" and collectively as the "Parties". 2. Property . The real property that is the subject of this Agreement is located at in the City of Orono, Hennepin County, Minnesota, legally described as Lot 1, Block 1, Willow Properties Addition is the subject of this Purchase Agreement (the "Property"). The term "Property", as used in this Agreement shall include all hereditaments and appurtenances to the Property. 3. Purchase and Sale. Seller agrees to sell the Property to Buyer pursuant to the terms of this Agreement, and Buyer agrees to purchase the Property from Seller pursuant to the terms of this Agreement. 4. Purchase Price. The total purchase price to be paid by Buyer for the purchase of the Property is Four Hundred Thirty Seventy Five Thousand and No/100 Dollars ($43 5.000.00V$475.000.00) (the "Purchase Price"). Buyer shall pay the purchase price as follows: HC26DS2/4715/2672211 vl(RED) 2/4/2002 (a) $25,000.00 earnest money, the receipt of which is acknowledged. (b) $62,000.00 within thirty (30) days of the receipt of all necessary governmental approvals for the development of the Property. (c) $348,000.00 at closing. 5. Conveyance Terms. Upon Buyer's full performance of Buyer's obligations under this Agreement, Seller shall deliver a Quit Claim Deed (the ‘‘Deed”) to Buyer conveying fee title to the property to Buyer subject only to: (a) Building, zoning and subdivision statutes, laws, ordinances and regulations; (b) Reservations of minerals or of mineral rights in favor of the State of Minnesota, if any; (c) The lien of real estate taxes not yet due and payable; (d) Restrictions, reservations, and easements which do not impair Buyer's anticipated development of the Property. (hereinafter, collectively, the "Permitted Encumbrances"). 6. Possession. Upon Buyer's full performance of Buyer's obligations under this Agreement, but no earlier than the Closing (defined below). Seller shall deliver possession of the Property to Buyer. 7. Closing . The Parties shall meet at Hinshaw & Culbertson, 3100 Piper Jaffray Tower, 222 South Ninth Street, Minneapolis, Minnesota, or at such place agreed upon by the Parties on______________, 2002 or such later date (the "Closing Date") as may be established pursuant to the provisions of Sections 9 and 16 below (the "Closing"). If the Closing does not occur on this date or such other d.tte to which the parties may agree, this agreement shall be null and void and neither oartv shall ha\ e anv further rights or obligations hereunder. At Closing: (a) Seller shall: HC’6DSi 4715/2672 ’ll vl(RtD) r4-:002 (i) execute and/or deliver to the closing agent, with copies to Buyer, and make arrangements to have the closing agent record or file in the appropriate county land records any documents nece^saiy to establish the marketability of Seller's title to the Property, subject to Permitted Encumbrances; (ii) execute and deliver to Buyer the Deed described in Section 5 above; (iii) execute and deliver to Buyer and the closing agent such other forms and affidavits as are customarily required; (iv) pay one-half ('/s) of the closing fee. (b) Buyer shall: (i) Tender the Purchase Price to Seller pursuant to the provisions of Section 4 above; (ii) Pay the premium for Buyer's owner's policy of title insurance, if any; the fees and transfer tax, if any, due upon recording the deed from Seller to Buyer; and one-half of the closing agent's fee to conduct and insure the closing of this transaction : and (iii) Execute and deliver such conveyance forms and affidavits as the closing agent may reasonably require; and^ 8. Evidence of Title. Within thirty (30) days of the Effective Date of this Agreement, Seller shall, at Seller's sole cost and expense, deliver the following to Buyer: A commitment from a title insurer reasonably acceptable to Buyer ("Title") to issue an ALTA Owner's Policy of Title Insurance, in the amount of the Purchase Price to insure Buyer's title to the Property (the "Title Commitment"), including copies of documents referenced in Schedule B-1 or B-2 thereof; HC26DS2/ 4715/ 267221 1 vl(RED) 14 2002 J 1 (b) Abstracts of title in possession of Seller (if any) to those portions of the Property that are not registered property certified to a date no later than the Effective Date of this Agreement; (collectively the foregoing shall be referred to as the "Evidence of Title"). 9. Examination of Title. The Title Commitment described in Section 8 shall be referred to as the “Evidence of Title.” Within ten (10) business days of Buyer’s receipt of the last item of the Evidence of Title, Buyer may give Seller written notice of defcct(s) in the marketability of Seller’s actual and record title to the Property (the “Objections”) and request that Seller make Seller’s title marketable. The Permitted Encumbrances may not serve as a basis for an Objection. Buyer’s failure to object to defects in the marketability of Seller’s title to the Property, in writing, within the time period set forth above, shall be deemed a waiver of Buyer’s right to make any Objections. If Buyer notifies Seller of Objections within the time period set forth above. Seller shall have the right, but not the obligation to cure any such objection. If Seller elects to cure, Seller shall have up to sixty (60) days from Seller’s receipt of Buyer's Objections to cure and, if necessary, the Date of closing shall be rescheduled accordingly. If Seller cures Buyer’s Title Objections within the sixty day period. Seller shall notify Buyer, in writing, and the Parties shall close pursuant to the terms of the Agreement. The new Closing shall be the date fifteen (15) days from the date Seller notifies Buyer that the Title Objection has been or the Objections have been cured. If Seller is unable, despite Seller’s best efforts, to cure such Title Objections within said sixty day period. Buyer shall have the option of either termin.^ting this Agreement or notifying Seller that Buyer waives Buyer’s objections. If Buyer waives Buyer’s Objections, the matters giving rise to such Objections shall be deemed a Permitted Encumbrance and the Parties shall fully perform their obligations under this Agreement without any adjustment to the Purchase Price. The Parties shall establish a new Closing by mutual agreement, but if the Parties cannot establish a new Closing by mutual agreement, the Closing shall be the date fifteen (15) days from the effective date of Buyer’s notice to Seller that Buyer waives Buyer’s Objections. 10. Real Estate Taxes and Special Assessments. The Parties shall pay the real estate taxes (which term, as used in this Agreement, shall include service charges assessed against real property on an annual basis pursuant to Minnesota Statutes 429.101) and special assessments as follows: IIC26DS2/4713/ 267:211 vl(RED) 2;4 2002 (a) At or before the Closing, Seller shall pay the real estate taxes, installments of levied special assessments, due and payable, and any penalties and interest thereon due and payable with respect to the Property in all years prior to the year in which Closing occurs and up to the Closing Date in the year of Closing; (b) At or before the Closing, Seller shall pay or provide for the payment of all deferred real estate taxes, including all those which become due and payable as a result of the sale of the Property to Buyer, except transfer taxes and installments of special assessments; (c) Buyer shall pay all real estate taxes due and payable in the years following the year in which the Closing occurs and special assessments which are levied or become pending after the Effective Date of this Purchase Agreement; (d) Real estate taxes and installments of special assessments due and payable in the year of closing shall be pro-rated to the Closing Date, on a calendar year basis. 11. Seller’s Representations and Warranties. Seller makes the following representations and warranties to Buyer: Any wells, as that term is defined in Minnesota Statutes, Section 1031.005, subd. 21, located on the Property are described on a Minnesota Well Disclosure Statement separately delivered to Buyer contemporaneously herewith; (b) To the best of Seller’s knowledge, there are not now, nor have there ever been underground or above ground storage tanks of any size or type located on the Property; (c) Seller has not engaged a real estate broker or other agent to act as Seller's real estate agent in connection with this transaction except as identified in this Agreement, if any; (d) To the best of Seller’s Knowledge, there are no substances or conditions in or on the Property that may support a claim or cause of action under the Comprehensive Environmental Response HC26DSZ 4715/2672211 vl(RHD) 2-4/2002 M Compensation Liability Act of 1980, as amended, 43 U.S. § 9601, e/ seq., the Minnesota Environmental Response and Liability Act, Minn. Stat. 1 1 SB or the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. § 1 15C. If, at any time prior to the Closing, Seller acquires actual knowledge of events or circumstances which render the representations set forth in this Section inaccurate in any respect. Seller shall immediately notify Buyer, in writing. The representations, warranties and indemnification set forth above shall survive the closing of this transaction and Seller's delivery of the Deed to Buyer, At Closing, an authorized representative of Seller shall execute and deliver to Buyer a certificate of Seller .ertifying that to the best of Seller’s knowledge the representations contained in this Section are true as of the Closing or, if such representations are no longer true, describing, in detail, the reasons why the representations are no longer true (the "Date Down Certificate"). “As-ls** Sale . Buyer acknowledges that it will have adequate opportunity to inspect the property and accepts the risk that any inspection may not disclose all material matters affecting the property. Subject only to the terms of this Section 11, Buyer agrees to accept the property in its **As Is* **Where Is” and ”With All Faults ” condition at closing without any representation or warranty whatsoever including as to merchantability or fitness for a particular purpose, and without any right of set-off or reduction in the purchase price. 12. Buyer's Representations and Warranties . Buyer hereby represents and warrants to Seller as follows, which representations and warranties shall survi'.'e the closing. (a) Buyer has not engaged a real estate broker or other agent to act as Buyer’s real estate agent in connection with this transaction. (b) The Buyer is a limited liability partnership duly organized and in good standing in the State of Minnesota. (c) The Buyer has full and complete authority to en»er into this Purchase Agreement. HC2oDS2/ 4715/ 2672211 vl(RED) 2/4>2002 (d) The individual executing this Purchase Agreement on behalf of the Buyer has the legal authority and legal capacity to execute this agreement on behalf of the Buyer and to bind the Buyer. 13. Buyer’s Inspection and Environmental Investigation. At all times prior to the Closing, Buyer and its agents shall have the right, upon reasonable notice to Seller, to go upon the Property to inspect the Property, to Survey the Property, and to determine the condition of the Property, including specifically the presence or absence of hazardous substances, and petroleum products and asbestos in, on, or about the Property. Buyer agrees to indemnify and defend Seller from, and to hold Seller harmless against any and all claims, causes of action or expenses, including attorneys fees, relating to or arising from Buyer's presence on the Property prior to the Closing. Buyer agrees to repair any damage to the Prope»^ caused by such inspections and to return the Property to substantially the sa* idition as existed prior to Buyer’s inspection. 14. Condition of Property at Closing. Buyer, for Buyer and Buyer’s successors and assigns, releases Seller from, and waives all claims and liability against Seller for, any physical or environmental conditions at the Property and further releases Seller from, and waives all liability against Seller attributable to, the physical and environmental condition of the Property, including without limitation the presence or discovery of environmental contamination in, at, about or under the Property, or connected with or arising out of any and all claims or causes of action based upon any environmental law. Except as reflected in Section 11, Seller makes no representations or warranties whatsoever to Buyer regarding the presence or absence of any environmental contamination. Buyer hereby acknowledges and agrees that it shall rely solely on the investigations, information, studies and reports prepared by or through Buyer, at its sole cost and expense, with regard to environmental contamination. Buyer shall make such studies and investigations, conduct such tests and surveys, and engage such specialists as Buyer deems appropriate to evaluate fairly the Property and its risks from an environmental contamination standpoint. 15. Special Conditions and Contingencies. It is agreed and understood that the Buyer is acquiring the Property for the purpose of the construction of a medical/dental facility. The Buyer intends to construct a one (1) story facility with a partial Hip or Gabled roof and dormers, which is architectural compatible with the City Hall and Police station in the immediate area. The building will be approximately 15,000 square feet in size. Parking and access will be off of Kelley HC26DSi'4715- :6722ll vKREOl 14 2002 Parkway. Two of the principals of the Buyer, Karl Berg and William Kotterman intend to be tenants in the building, and the remainder of the building will be leased to medical and or dental professionals. Buyer's obligations under this Agreement are contingent upon the occurrence of the following: (a) Seller’s timely performance of each of Seller's obligations under this Agreement; (b) Buyer's determination that the representations set forth in Section 11 are true, when made, and remain true as of the Closing; (c) Buyer ’s ability to secure a mortgage loan at a fixed market rate payable over a thirty (30) year term with which to finance the construction of the above described facility. If Buyer does not secure such a commitment for such financing by ____________, 2002, Buyer may terminate this agreement; or. Seller may tenninate this agreement upon______days prior written notice to Buyer. (d) Buyer shall be satisfied with shall be sa tisfied with the results of the Buyer's inspection and environmental investigation provided for in Section 13 hereof. If Buyer is not satisfied with the results of its inspection and investigation,, ii shall notify the Seller on or before __________, 2002. If Buyer does not provide such notification this contingency shall be deemed waived. Buyer shall have secured approval of all required governmental bodies or agencies, with jurisdiction over the Property, to (as applicable) any zoning change, storm water drainage plan, sewer or water service and capacity request, access street development plans, plats, subdivision, grading plans , site plan, landscape plan and other development plans in connection with Buyer ’s anticipated development of the Property, including but not limited to Planned Unit Development ("PUD") approval and /or and the approval of a Development Agreement that encompasses the PUD. If such approvals have not been secured by _____________, 2002 either Seller of Buyer may terminate this Purchase Agreement upon thirty (30) days prior written notice to the other party. HC26DSi'47l5/267:j|l vI(RED) J4-:002 16. Condemnation. If a public or private entity with the power of eminent domain commences condemnation proceedings against ail of any part of the Property, Seller shall immediately notify Buyer, and Buyer may, at Buyer ’s sole option, terminate this Agreement unless the Buyer is the condemning authority. Buyer shall have twenty (20) days from Buyer ’s receipt of Seller’s notice to Buyer to exercise Buyer ’s termination right. If Buyer does not terminate this Agreement within said twenty (20) day period, the Parties shall fully perform their obligations under this Agreement, with no reduction in the Purchase Price, and Seller shall assign to Buyer, at the Closing, all of Seller's right, title and interest in any award made or to be made in the condemnation proceedings. Seller shall not designate counsel, appear or otherwise act with respect to any such condemnation proceedings without Buyer ’s prior written consent unless Buyer fails to respond within seven (7) days to a request for such written consent. 17. Default. If either Party defaults in the performance of any of the Party's obligations under this Agreement, the non-defaulting Party may suspend performance of its obligations under this Agreement, and seek such remedies as may be available at law or in equity. All remedies provided for herein shall be cumulative. 18. Time. Time is of the essence for all provisions of this Agreement. 19. Survival of Terms. The Parties’ obligations under this Agreement and the representations and warranties which the Parties have recited in this Agreement shall survive Seller’s delivery of a deed to Buyer and the closing of this transaction, subject only to the specitic limitations set forth in this Agreement. 20. Notices. All notices provided for in this Agreement shall be in writing. The notice shall be effective as of the date the Party sending such notice deposits the notice with the Untied States Postal Service with all necessaiy' postage paid, for delivery' to the other Party via certified mail, return receipt requested, at the address set forth in Section 1 above. If a Party delivers a notice provided for in this Agreement in a different manner than described in the preceding sentence, notice shall be effective as of the date the other party actually receives the notice. The Party sending the notice shall also mail a copy of the notice to the Parties’ respective attorneys via first class United States mail at the addresses set forth below: HC26DS2/ 4713/ 267221 1 vl(R£D) 14.2002 il Attorney for Seller:Rolfe A. Worden Hinshaw & Culbertson 3100 Piper Jaffray Towner 222 South Ninth Street Minneapolis, MN 55422 Telephone: (6 12) 334-2516 Facsimile: (612) 334-8888 Attorney for Buyer: Telephone: (__) Facsimile: (__) 21. Full Agreement. The Parties acknowledge that this Agreement represents the full and complete agreement of the Parties relating to the purchase and sale of the Property and all matters related to the purchase and sale of the Property. This Agreement supersedes and replaces any prior agreements, either oral or written, and any amendments or modifications to this Agreement must be in writing and executed by both Parties to be effective. J 22. Governing Law. This Agreement has been made under the laws of the State of Minnesota and such laws shall control its interpretation. [SIGNATURE PACE FOLLOWS] HC26DS2/47l5/2672:il.vl(RED) 2/4C002 rmrfWhtl&r.l ■!.« Dated: February__, 2002 City of Orono And SELLER Dated: Febmary__, 2002 Professional Properties of Orono LLP BUYER HO«OS:/47l5/26722n.vt(RED) 2/4/2002 1 I ‘f ( COUNOII meeting REQUEST FOR COUNCIL ACTION ^ 3 2002 CITY OF OnONO DATE: May 9,2002 ITEM NO : 75' Department Approval: Name RonMoorse Title City Administrator Admin totrator Reviewed:Agenda Section: City Administrator's Report Item Description: Recodifleation Costs The Council in 1998 authorized the recodifleation of the City Code, which includes all City ordinances, to bring it up-to-date, to reorganize it, and to put it into a computerized format that can be easily searched by staff and by citizens on the Internet. The initial expenditures authorized by the Council were $13,500, with additional costs to be determined based on the number of new ordinances adopted during the recodification process, and the total number of pages in the Code. The total additional costs are $8,350. Although we are paying additional costs for new ordinances adopted during the recodifleation process, it is beneficial to have these ordinances included in the initial new Code rather than having them added as supplements to the Code. COUNCIL ACTION REQUESTED: Motion to approve the additional $8,350 in costs for the recodification of the City Code, and to amend the General Fund budget to reflect this expenditure. REQUEST FOR COUNCIL ACTION COUNCIL MEETIM^ HAY U 2002 CITY UF ORONO Date: May 13,2002 Item No: / ^ Department Approval:Administrator Reviewed:Agenda Section; Name: Title: Stephany Good ^2 Chief of Police Item Description: Request to Advertise, Hire • Temporary, Full Time Clerk-Typist Position Exhibits:None DISCUSSION Full-time Police Secretary/Records Specialist, Stacie Budig, will be taking a leave of absence from her position from approximately June 30 to October 1,2002. As the summer months are the busiest time of year for the police department, and as a result of already scheduled vacations for other staff members within the police department, extra help is needed during Stacie’s absence. The most economical solution would be to hire a temporary clerk-typist to assist in the police department. Applicants will be screened through application, resume, interviews and must pass a criminal history background check. COUNCIL ACTION REQUESTED Motion to approve advertising for and the hiring of a temporary, full-time clerk-typist frx>m the time period of mid-June to October 1,2002, at a salary rate of S12.S4 per hour with no benefits. _a fiv aAr-jrtt ^ilafiiiitairiiliiililitfh REQUEST FOR COUNCIL ACTION COUNnil. MEET\HOa HAY 1 3 2002 CItYUhOHONO Date: May 14,2002 Item No: / 7 Department Approval: Administrator Reviewed: Stephany Good Chief of Police ~ Agenda Section: Name: Title: Item Description: Request to Advertise Community Service OfHcer Position Exhibits:None DISCUSSION The Orono Police Department wishes to advertise for a full time community service officer. The duties of the CSO inclr.de animal law enforcement, responding to emergency call-outs for animal impound, numerous deliveries including council packages, communications equipment, evidence, transportation of squads for maintenance, police and city support duties as assigned. Ads will be placed in several area newspapers. Notices will be sent to local law enforcement schools. It is anticipated that an opening will exist due to the appointment of the current CSO into a part time police officer position. COUNCIL ACTION REQUESTED Motion to approve advertising for a full time community service officer. U I 1 * •* REQUEST FOR COUNCIL ACTION COUNCIL MEETING MAT 1 3 2002 CITY OH ORONO Date: May 12,2002 Item No: Department Approval:Administrator Reviewed:Agenda Section: Name: Title: Stephany Good^9 Chief of Police^r Item Description: Request To Dispose of 1999 Ford Crown Victoria Squad Car (# 183) Exhibits:None DISCUSSION As a result of routine rotation, squad #183 has been taken out of service and has been replaced with a 2002 Crown Victoria squad car, consistent with the 2002 budget. Squad #183 has approximately 97,000 miles and has become cost prohibitive to maintain. This vehicle will be advertised for sale and sold by sealed bid process according to city ordinance.A COUNCIL ACTION REQUESTED Motion to approve the disposal of Squad #183 through sealed bid process. d cooMnii meetup MAr 13 awREQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: May 13,2002 ITEMNO: Dcpartmcot Approval: ^ Administrator Reviewed: Agenda Section: Name Tom KuehnCity Administrator’s Title Finance Director fy Report Item Description: 1991 Public Facilities Revenue Bonds Debt Service Fund Close Out - Resolution Attachmeiit: Resolution to close the 1991 Public Facilities Revenue Bond Debt Service Fund The payment of the remaining outstanding principal of $2,590,000 and interest was made in February, 2001 through the cross-over refunding bonds issued in 1998. The remaining equity in the 1991 debt fund of $94,424.76 is required to be transferred to the Public Facilities Revenue Refunding Bonds of 1998 to assist with payment of those bonds. The final payment for the 1998 refunding bonds will be made on February 1,2008. Any equity balance remaining at that time will revert to the City. COUNCIL ACTION REQUESTED: Adoption of Resolution #, A Resolution to Close the 1991 Public Facilities Revenue Bonds Debt Service Fund to the 1998 Public Facilities Revenue Refunding Bonds, effective December 31 ,2001 . WF\TOM\C1om9IHRADiM. I I I X A RESOLUTION TO CLOSE THE 1991 PUBLIC FACILITIES REVENUE BONDS DEBT SERVICE FUND TO THE 1998 PUBLIC FACILITIES REVENUE REFUNDING BONDS DEBT SERVICE FUND WHEREAS, the 1991 Public Facilities Revenue Bonds Debt Service Fund was established to account for the payment of the said bonds principal, interest, and fiscal agent fees; and WHEREAS, the remaining outstanding bond principal and interest has been paid through the cross-over refunding bonds issued in 1998, and the equity remaining in the Fund is required to be transferred to the 1998 refunding bond fund; NOW, THEREFORE BE IT RESOLVED, that the 1991 Public Facilities Revenue Bonds Debt Service Fund be closed and that the remaining equity be transferred to the 1998 Public Facilities Revenue Refunding Bonds Debt Service Fund, effective December 31,2001. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 13,2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor WTRiinliiHoM^aoae^IHlUPibtfuad.lUi mfi n laii 4 REQUEST FOR COUNCIL ACTION DATE: May 13,2002 ITEM NO: ^ O coi/wrif meeting MAY 1 3 20te CITY Uf OfiOivo Department Approval:Administrator Reviewed:Agenda Section: Name Tom Kuehn /f'-h City Administrator’s Title Finance Director Report Item Description: 1995 G.O. Refunding Bonds Debt Service Fund Close Out -Resolution Attachment; Resolution to close the I99S G.O. Refunding Bond Debt Service Fund The final payment of the 1995 refunding bond principal and interest related to the Crystal Bay area sewer improvement bond was made in February, 2001. The remaining equity in the fund is $21,414.26. The remaining equity in the fund is no longer required for debt service and can therefore be used for genertd city purposes. It is requested that the fund be closed to the General Fund as of December 31,2001. COUNCIL ACTION REQUESTED: Adoption of Resolution , A Resolution to Close the 1995 G.O. Refunding Bonds Debt Service Fund to the General Fund as of December 31,2001 . -^-4 A RESOLUTION TO CLOSE THE 1995 G O. REFUNDING BONDS DEBT SERVICE FUND TO THE GENERAL FUND WHEREAS, the 1995 G.O. Refunding Bonds Debt Service Fund was established to account for the payment of the bond principal, interest, and fiscal agent fees related to the Crystal Bay area sanitary sewer debt, and WHEREAS, the final payment of bond principal and interest has been made, and the equity remaining in the Fund is no longer required; and WHEREAS, the City can designate the use of the remaining equity for any general puipose. NOW, THEREFORE BE IT RESOLVED, that the 1995 G.O. Refunding Bonds Debt Service Fund be closed and that the remaining equity be transferred to the General Fund, effective December 31,2001. Adopted by the City Council of the City of Orono, Minnesota at a regulai meeting held May 13,2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Wf^lUnlHlioirilCloMf9SDib(PtMltf.lUi «f4 REQUEST FOR COUNCIL ACTION COUNnil MEETING MAY 1 3 200? ciry oi^ oflONo DATE: May 13,2002 ITEMNO: Department Approval: ^^/^^^Administrator Reviewed: Name TomKuehn Title Finance Director Agenda Section: City Administrator’s Report Item Description: 2000 Sewer Construction Fund Close Out - Resolution Attachment: Resolution To Close the 2000 Sewer Construction Fund In 2000 Council authorized the sale of the2000 G.O. Improvement Bonds to provide funding for sanitary sewer improvement project areas identified as East Long Lake, Fox Ridge, and Webber Hills. The projects have been completed and the balance remaining in the construction fund is $133,869.70. As there is bonded debt outstanding, the renuuning equity of the construction fund is required to be transferred to the debt service fund, effective December 31,2001. COUNCIL ACTION REQUESTED: Adoption of Resolution #, A Resolution to Close the 2000 Sewer Construction Fund to the 2000 Improvement Bond Debt Service Fund, effective December 31,2001. WT\M—B_Ca««6I.Aaio«\TOMCIuiiawinr—0 dpi t I* ^ I : t . £ ""la . A RESOLUTION TO CLOSE THE 2000 SEWER CONSTRUCTION FUND TO THE 7000 IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, the 2000 Sewer Construction Fund was established to account for the proceeds provided by the issuance of the 2000 G.O. Improvement Bond, and the disbursement of said proceeds for payment of construction costs for sanitary sewer improvements to the project areas identified as East Long Lake, Fox Ridge and Webber Hills; and WHEREAS, the projects have been completed and the costs have been paid, including construction contracts, legal, engineering, fiscal and miscellaneous costs, and the remaining equity of the Fund is no longer required; and WHEREAS, any remaining construction fund equity must first be transferred to the fund servicing the debt generated for the improvement projects if any such debt remains unpaid, and WHEREAS, the 2000 G.O. Improvement Bond has outstanding unpaid bond principal; NOW, THEREFORE BE IT RESOLVED, that the 2000 Sewer Construction Fund be closed and that the remaining equity be transferred to the 2000 Improvement Bond Debt Service Fund, effective December 31,2001. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held May 13,2002. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor WPyJUKMMTOMCkMlOOOOiMl.lUi REQUEST FOR COUNCIL ACTION cojjwrn meeting MAY t 3 2002 CITY Ol^ ORONO DATE; May 13.2002 ITEM NO: Department Approv al: Name Tom Kuchn Title Finance Director Administrator Res iewed: Agenda Section: City Administrator's ______________Report__________ Item Description: 2001 General and Special Revenue Funds Budget Amendments General Fund Budget Amendments The total General Fund revenues for 2001 are $4,448,304, compared 'o the total expenditures of $4,532,279. fotal expenditures exceeded total revenues for the year hy $83,975, and the fund balance decreased from $1,513,976 on 12/31/00, to $1,419,733 on 12/31/01. or a decrease of 6.25%. This is mostly due to the purchase of one piece of propeity at a cost of $160,961. The fund balance of the General Fund at 12/31/01 is 30.8% of the 2002 General Fund expenditure budget. This is 14% lower than the desired year-end fund balance level of 45% of the budget. The fund balance should be restored to the desired level w'hen sale of certain city owned property occurs. I. General Fund Revenues The year-end revenue for the General Fund is $4,448,304. compared to the budget of $4,290,440, a favorable variance of $157,866. There are several revenue sources which exceed the budget by significant amounts, and should be adjusted to match the expenditure areas that generate or use those revenues. The revenue budget amendments total $ 1 52.550, and affect the revenue sources as shown below. The amended General Fund revenue budget will be $4,442,990, and the actual revenue will exceed the amended budget by $5,314. (Please note that only the revenue items with budget amendments are listed, and those items only add up to the total indicated at the bottom of the Amendment column). Final Amended Rev enue Source Original Amendment Budget Building Pennits $ 233,500 $ 50,000 $ 283,500 General and Other Permits 61,500 4,500 66.000 Federal COPS Grant 72,500 16,500 89,400 Police Town Aid 110,000 (15,000) 95,000 Administrative Charges 57,520 42,150 99,670 Plan Checlc^Site Exam Fees 120,000 40,000 160,000 Conditional Use/Subd. Fees 40,000 5,000 45,000 Police Special Services 40,000 11,500 51,500 k ___ivi%nrT J i r Revenue Source cont ’d Original Court Fines 100,000 Interest on Investments 100,000 Transfers In - Residual Equity -0- Total General Fund S 4.290.440 Amendment 6,500 (30,000) 21.400 Final Amended Budget 106,500 70,000 21.400 $ 152.550 S 4.442.990 2. General Fund Expenditures The General Fund operating expenditures at year end are S4,532,279, compared to the budget of$4,305,080, v\hich is$227,199overb> iget,or 5.3%. Ifthe expenditures are adjusted for the land purchase of $ 160,96, the expenditures would be $4,371.318, which is $66,238 over budget, or 1.5%. The adopted budget of $4,290,440 was increased by Council approved amendments during 2001, totaling $14,640. There are several departments which require amendments to their expenditure budgets. The following is a listing of those departments which require budget amendments due to expenditures exceeding budgeted amounts, and those departments with expenditures significantly below budgeted amounts. (Please note that only the departments with budget amendments are listed, and those items only add up to the total indicated at the bottom of the Amendment column). Approved Final Amended Department Budget Amendment Budget Mayor and Council $ 66,040 $ 500 $ 66,540 Administration 232,940 7,150 240,090 Elections 5,070 (3,000)2.070 Assessing 101,000 12,200 113,200 Legal 89,540 (14,500)75,040 Central Services 190,450 14,710 205,160 Police Protection .,743,430 84,550 1,827,980 Fire Protection 298,580 240 298,820 Engineering 9,650 800 10,450 Recycling 77,750 (7,000)70,750 Parks & Recreation 68,150 (3,000)65,150 Special Services-Policc 22,150 15,800 37,950 Special Services-Land Use 44,000 6,550 50,550 Special Projects 18,000 (18,000)-0- Contingency 55,000 (25,000)31,520 Capital Outlav- Land Purchase -O-161.600 161.600 Total General Fund $ 4.305.080 $ 233.600 $ 4.538.680 tit ^ ' A brief explanation of the significant overages follows: Administration The amendment is to fund increased Personal Services costs and professional services. Assessing The amendment is to fund increased costs for contracted assessing services. Central Services The amendment is to fund higher than anticipated costs particularly in the areas of buildings and grounds maintenance, newsletter publishing, and heat and electric utilities. Police Protection The amendments are required for greater than anticipated costs as follows: Regular pay $13,000 Overtime pay $23,000 Part-time pay $12,600 Motor fuel $13,000 Auto repairs $ 7,800 Legal services related $20,000 to employment claims Special Projects and Contineenev Within this department $ 18,000 was budgeted for adjustments to wages and salaries. This amount is allocated to offset increases in those areas in the various departments to the extent available. In addition the contingency account was not used to the full extent, so there is $ 25.000 available to offset a like amount of increases in other departments. The cost of the purchase of 3770 Shoreline Drive was split between the General Fund and the Park Fund. Financing for the Park Fund portion was addressed at the time of the purchase, however, no specific budget amendment was made in the General Fund, although the purchase was authorized. 1 herefore, an amendment for the General Fund share of $161,600 is required at this time to the land line item of this department budget. Special Revenue Funds Budget Amendments The Special Revenue Funds consist of the Park Fund, the improvement and Equipment Outlay Fund, the Community Investment Fund, the Drug/Felony Forfeiture Fund, and the Affordable Housing Grant/Loan Fund. During the year as expenditures from the Special Revenue Funds which required budget amendments were presented to Council, it was standard practice to include a request for a formal budget adjustment. The revenue budgets of the Special Revenue Funds should be adjusted to retlect higher than anticipated revenues, as follows: Park Fund revenue budget increase to State Grant. $75,000. Improvement and Capital Outlay Fund no revenue budget increases are required. i Pnig/Fclonv Forfeiture Fund This fund typically has no revenue or expenditures budgeted as the amount of either is subject to wide fluctuation. The revenues during 2001 were for fines, $100; and interest income from the investment pool of $1,610. Those two items are the revenue budget amendments. Affordable Housing Grant/l.oan Fund This fund was established during 2001, and is to provide funding assistance for affordable housing to applicants who meet the program requirements. The City receives funds from the Met Council, Community Development Block Grant, and the State. For 2001 there was $64,000 available. As this is the first year the fund has existed, there were no budgets prepared. The revenue amendmen' for this fund is $32,000 for State grants and aids. The following are the amendments to the expenditure budgets of the Special Revenue Funds: Special Revenue Funds Budget Amendment Park Fund: Navarre Park Improvements Park Land Acquisition - 3770 Shoreline Drive Net budget amendments $ 16,000 (16.0001 $ -0- The amendment is to fund the remainder of the Navarre Park improvement costs. An equal reduction in the Park Land Acquisition budget results in no net increase to the Park Fund budget. Improvement and Equipment Outlay Fund: Govern Software Street department plow truck Net fund budget amendments S 7,160 (7.1601 $ -0- The amendment is to fund the balance due on the Govern software program costs. An equal reduction in the street plow truck purchase budget results in no net increase to the Improvement and Equipment Outlay Fund budget. Community Investment Fund:No amendments required Drug/Felony Forfeiture Fund:No amendments required Affordable Housing Grant/Loan Fund: Professional services Affordable housing loans Total amendments The budget amendments are for closing ser\ ices and loans. $ 1.800 50.000 $ 51.800 COUNCIL ACTION REQUESTED: Approval of the 2001 budget amendments for the General and Special Revenue as presented; to be effective December 31,2001. wryMcmo^ouKd-ActimiMA4t200l »pd r • L COUNTlt meeting MAY1 3 20i2 CITY OK OflONOREQUEST FOR COUNCIL ACTION DATE: May 10,2002 ITEM NO: ^ 3^ Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator’s Title City Administrator Report Item Description: Legal Service Fees 6^ Attached is a letter from Tom Barrett requesting an increase in the rates for legal representation. As the letter indicates, the legal service rates have not been increased since 1996. The proposal increases rates*by approximately 20%. This calculates to an average of approximately 3% per year over the last seven years. The proposed rates are reasonable and competitive. COUNCIL ACTION REQUESTED: Motion to approve the rate of $1,300 per month for general representation, $120 per hour for associate time, and $130 per hour for partner time. -,ii .MflY'02 2002 10:47 AM FR HINSHAU CULBERTS0N2 334 0888 TO 4707tt755683tl9522 P.02/02 Hli jHAW & CULBERTSOI •iIXtVILlii UPKM* CNMtfAlOM.Utl«OU mniATfiATivm auniMt*mowimanimw^ lamiiAlOUl, MBWnOTA MftWAHMI.WCOt**®* mWAx«tnf«i CMtTiU,U*I.IU^ ft.iAUownot^w^wp* iAocioNvati.no*^nuiT.uiNon UtLAiuaioi* IHAMLftOilOA ThMUis J« Bftirctt Docct: 612.3M J676 faOfMXAIUMtl* aaeoolAinXWon •TLOuniMUMmi ftAKcaea cauk)«»a 9HM0f|IL0.aUMW TAiffAfumnA Fd)iuaiy 15,2002 Mr. Ron Moorse City Adniiiustrilor 2750Kett#yPnrt^y P.O.Box 66 Crystal Bay, MN 55323 RE: Legal RepresenUtion Dear Ron I am writing to reqoes ; time, the City pays SI and $110.00 for partner fone .. .-,-t ttat the City the me. for ^ W Chy SUOO . tnooU. «.r genet.1 «pte«>Ut»«.S100.00 for associate time I have not requested an inaease in with what I 1996. , p„po« to d««g. the me. to S1.300 . «o«h for g««.m *•» «> «>' associate time and $130.00 an hour for partner time. I would like u. dimos th» voth you ««1 with the Cou«a iu the ne« Brtute. Ptose gi«e me a call to discuss. Very truly yours, TJB/emh BT'---- REQUEST FOR COUNCIL ACTION DATE: May 13,2002 ITEM NO: 23A Department Approval: Neaic RonMoorse Title City Administrator Adminbtrator Reviewed:Agenda Section: City Administrator's Report Item Description: Request for Authorization of Additional Expenditures for the City Open House Early in the planning process for the City Open House, staff requested, and was granted, authorization to spend up to $1,000 for the City Open House. As plans and preparations for the open house have ^n finalized, the amount of expenditures necessary have increased. Staff is now requesting that the amount of expenditures authorized be increased to $2,500. COUNCIL ACTION REQUESTED: Motion to authorize the expenditure of up to $2,500 for the City Open House, and to amend the General Fund budget to reflect the expenditure. ^^Of/NCIL MEETINO MAY 1 3 2W2 CITYOFORONO REQUEST FOR COUNCIL ACTION DATE: May 9,2002 ITEM NO: ^ ^ Department Approval: Name Lin Vee Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval GARBAGE HAULER 1. Baldy Sanitation Inc. 5906 Henry St. Maple Plain, MN 55359 2. BFI of North America 9813 Flying Cloud Dr. Eden Prairie, MN 55347 3.Blackowiak & Son, Inc. 1195 Sunnyfield Rd. N. Mound, MN 55364 4.Randy's Sanitation 4351 U.S.Hwy 12 SE Delano, MN 55328 KENNEL LICENSE 1.Jayne Paasch 2150 Kenwood Way SPECIAL EVENTS 1.Applicant: Event: Location: Date: Time: Starr Gladding Wedding Party 120 Orono Orchard Road South July 13,2002 4:00 p.m. -11:00 p.m. COUNCIL ACTION REQUESTED: Motion to approve/deny the above licenses. t. wrf I M HW1 1 Bond No 997706-08551967 City ofOrono Box 66 (2750 Kelley Paricway) Crystal Bay, MN 55323 (952) 249-4600 License Year :eceiv^ Hf^/0^ id y^/ initials ^ Date Receiv Fee Paid Garbage & Refuse Collector's License Application IkenSJ to applications for a Business/Finn 3/?/,/T/) J ,e. / /.'c Address o • DK kJ u ^ (Sute) ^ZipISe)----------^Business Phone Number 7//- ? / >y ♦7«7 - ^ ? ’ Applicant's Name Address Phone Number Check One: (Street) (City) Z1(l Az L±21 s ^ 3 s B /5V/t (State)(Zip code) Individual Partnership Number of Vehicles to be used in Orono ____/ X Corporation ,U'/' Description of Vehicles (attach list if more): XSS£ MfiL Gross wt. Rear Axle Wt JLL£J> S^.ocn SizeA^ards <-/?) License Number •y /v iy General area of City served Schedule of Collection charges/ dates Approximate number of customers in Orono / Z Location of dumping area fj, L L” "'“s"“ processed. YOU SmST INCLOSE THE FOLLO»TNC: I arn the owner and operator of the above busmess and I have paid all license fees and taxes required by law I have verified that the above information is correct «quirea oy law. \ nave int Signore fApplicant Sigi ^Lht/i Date FOR CJJVtJSE ONLY: After review of application, staff recommends* ie^Woval ____Denial _____Other (specify)A Dpro val ____Dc Signature of Cify Official ' -----------— city of Orono Box <6 (2750 Kelley Parkway) CrysUl Bay, MN S5323 (952) 249-4600 License Year "VXfl- - Date Received ^/ / Fee Paid l^Initials fJO Garbage & Refuse Collector's License Application The undersigned w’lshes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Busincss/Fiim. Address (yf J 9^13 FlyiOtj C.ln^n Aar t=/4g (Street) Business Phone Number Q53L- QHI - (City) XtiC _________ fefliBUl Mm (State)(Zip code) Applicant ’s Name_____Qfl N ____________ Address . Si? Oft. UpvJ MnT ^(S(Street) Phone Number qgA-TgH (City)State) / (Zip code) Check One:Individual Partnership /Corporation Number of Vehicles to be used in Orono Description of Vehicles (attach list if more): Y<ar Mfgr. Grosswt Rear Axle Wt. £i — ------- -■ ^tjAChiO 5H<z^T Size/Yards License Number General area of City served C^iiy Li*Ai'jS ___________________ Schedule of Collection charges/ dates \ft/£(ik iy ~ OfiyS Approximate number of customers in Orono /S>00 Location of dumping area CCxJsAy PiN£ IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST INCLOSE THE FOLLOWING* ■ Surety bond in the amount of $1,000. ■ Proof of insurance in the amount of5100,000 - S300.000 - $50,000 and 10-day cancellation clause ■ Annual fee is aSSMfi flat rate fee. plus SI5.00 per trucks and a S30.00 transfer fee (if applicable). 1 am the owner and operator of the above business and I have paid all license fees and taxes required bv law I have verified that the above infotiharion is correct ^ Ap^irdMt Sig Date FOR CHt use ONLY: After review of application, staff recommends: Approval i ____Denial ____Other (specify)Approval i ____: Signature ofciiy OfTiciai • I' -T VEHICLES PROPOSED TO BE USED 1 *^*vcc.«K^eM*iiMK«f».« • * ^ ^U[t>* * ■sii3SS^SS". #41 “*.-•> ■ - »ssfiaE^li -IV 1. 3-4 6. 7. 8. 9. 10. 11. 13. 14. IS. 16. 17. Yi^T a7a>513 /Ifcltl no m f>iQ^51k YMjm / / 'Tn H P>gfig LdfiO oa PgAg LofiP 4 oa Y ms ^fc05 '{RDNN t>55 y/16 337al Qi5 Y a ? /. <P. y. ilM ^ 3,rcro 57/ :?A ^njoco <3 > 61^000 ^'Lrcc / Qkfiff L^fiO^ 03. /57 / ggtfg imp / MQl 56 I LgRO 5^ /mK I 9^ iPfiilQFP^ S>) *7/—/l /k? /OOO Vi -xt/ , ccc //2T lyp /S rro <^o ,ooo\ y /^ /j^k» y1 • s>C. nco r)CO y^^ c . /^CLiJaf . /?r./i£ ioKO I 18. 19. 20. 3i,nno ^occ / iA> t,d/. y^nrn r^6 nd^y !////>£<./£> W ^/T) 21. Li City of Orono Boi 66 (2750 Kelley Parkway) Crystal Bay, MN 55323 (952) 249-4600 License Year Date Received_____ Fee Paid ____Initials Garbage & Refuse Collector's License Application The undersigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Business/Firm Blackowiak & Son, Inc. Address 1195 Sunnyfield Rd. N., Mound, Mn.55354 (Street) Business Phone Number 952-472-3398 (City)(State)(Zip code) Applicant's Name Frank Blackowiak Address 1155 Sunnyfield Rd. N.• Mound, Mn.55354 Phone Number (Street) 952-472-2977 (City)(State)(Zip code) Check One:Individual Partnership ^Corporation Number of Vehicles to be used in Orono Description of Vehicles (attach list if more): -Year Mfgr. Gross wt. Rear Axle Wt. Sizc/Yard^ __ ______ ______ (SEE ATTACHED) _______ License Number General area of City served All of Orono except Ferndale Schedule of Collection charges/ dates (SEE ATTACHE D ) Appro-ximate number of customers in Orono 2500_____ Location of dumping area Hennepin Energy Resource Recovery Co., Mpls. Mn. (6UR ins. AGENT WILL ISSUE A CERTIFICATE OF INSURANCE) IN dRDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUCT INCLOSE ■ Sur^fv hnnd in the amniinf nf Cl linnSurety bond in the amount of SI,000. Proof of insurance in the amount of S100,000 - S300.000 - $50,000 and I O-day cancellation clause. Annual fee is agS^.Ot) flat rate fee, plus $15.00 per truck, and a $30.00 transfer fee (if applicable). I am the owner and operator of the above business and I have paid all license fees and taxes required by law. I have verified that the above information is correct. 4/24/02 Applicant Signature Date FOR CITY USE ONLY: After review of application, suff recommends: Approval . , ____Denial ____Other (specify) Signature of Qtty Officia HAULER VEIIICLf INFORMATION DLACKOHIAK & SON Vehicle Specification: Please provide the following information for all vehicles operating in Hennepin County and used for the transportation of solid waste by your business operating in Hennepin County. \jO^' Vehicle I.D. Number License Fleet Plate I Number Make Model Year {Number of {Axles Body Type (front loader, roll off, etc.) Empty Capacity Vehicle (cubic Weight yards) Henn. or NSP Decal • I (spare truck) IFDRW82A9LVA46469 IN2P264C4SN019898 IHLCCCNE8NK930349 2VLKCCHE7RK932549 :YAH8102 FORD 8000 1990 (B.L.) YAA7689I 22 I MACK TM600 ?^/^^REAR LOADER 1995 (T.T.) REAR LOADER GROSS 57.000 29800 8223 GROSS 57.000 34360 6329 YU91272 WESTERN STAR (R.P.) YH8221 WESTERN STAS tHTTGAHT2XJ00403 !ULKCCNE2NK92926 FVXJLBB6VII845573 HTTGAHT7XJ003692 ( R . V.) I YAG1518( 24 (NATIONAL 5000 3864S 1992 REAR LOADER GROSS 57.000{ 33000 5^6 » 3864S 1994 REAR LOADER GROSS 57,001 6120 33000 6135 ^ROLLOFF 1999 (SPARE) WESTER^* YU91226I 20 I STAR 3864S 1991 (R.K.) FREIGin YAC6236( 23 LINER GROSS 57.00Q 28240 6026 ROLLOFF GROSS 57.00d 28450 6128 (J.S.) YAII8139 INTER NATIOf FL80 1997 AL 5000 ROLLOFF GROSS 57,000 27300 6121 1999 ROLLOFF GROSS 57,00(1 28240 8291 CityofOrono Boi 66 (2750 KeUey Parkway) Crystal Bay, MN 55323 (952) 249-4600 License Year______ Date Received_____ Fee Paid.___Initials Garbage & Refuse Collector's License Application Tbe undenigned wishes to operate the indicated business in the City of Orono and herewith makes applications for a license to do so. Business/Firm RanJv/*S 4r> i'.on ZT/JC • Address US Aitvj/ /x g/r m rj (Street) ' (City) Business Phone Number {7Li} *17Ji - 3 3 3 S (State)(Zip code) Applicant's Name Sq Address Phone Number Check One: (Street) P (City)(State) Individual Partnership (Zip code) Corporation Number of Vehicles to be used in Orono /_____ Description of Vehicles (attach list if more): Year Mfgr. Gross wt. Rear Axle Wt.Size/Yards License Number % uenerai area oi L^iiy servca Schedule of Collection charges/ dates 3 0 03^1?. rApproximate number of customers in Oron Location of dumping area IN ORDER FOR THIS APPLICATION TO BE PROCESSED, YOU MUST ENCLOSE THE FOLLOWING: ■ Surety bond in the amount of S1 ,000. ■ Proof of insurance in the amount ofSIOO.OOO - S300.000 - S50.000 and 10-day cancellation clause. ■ Annual fee is aSiQ.M flat rate fee, plus S15.00 per truck, and a sa0t«l5Nirnffi»^^pf <ipp|ir-Mf|__ I am the owner and operator of the above business and t have paid all license fees and taxes required by law. I have verified thanheabove information is correct. Applicant Signature Date FORpifY USE ONLY: After review of application, suff recommends: ' Approval Denial Other rtn^riA/V SignSure erCily Oftlcial ' Denial <30 Other (specify) . viJjlSAPR. 26.2002 1 :57PM RANOYSJANITATION ilSL 1(3 //<P tJ.££ l3i^_Pt'krbUi (,3 000 40)QQO '9^ Jfi'kiAt.______3^000 ^3,000 ---------^.<Hlz.pL...&V..i£f3 Iss.-----ii-»9? dk^hi/f- '^o 63.odo M*■ ■ »•» • mm »••• • • • •<• •• • • • •• • •— mm ••■••« .ydJ[j2/j CkvJ V/ltf«P/Q«/ yMiu7 * •••■•*• m mm m •m • • m ••• J KENNEL LICENSE APPLICATION Effective January 1,2002rto December 31, 200 i w’.tT vjr V.-;• .Owner: T7/V^^Jj:=r ^f^AASCj4 _____________j_______________________ - Property Address:/^•^f4ulOOO U/k'/ vlh^Z-fi^CVX^ P^aJ9 { (include city aod zip) / Mailing Address (if different):____________________________________ Phone: (home)9o^ V'7/ (work). RESIDENTIAL Kennel License Fee: $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: ^ (over 6 mouths of age)^ Principal Breed: ___________ Purpose for more than 2 dogs: ___________ Dogs normally kept: inside ____^kennel structure COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: Business Activities: (e.xaniple: 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 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 Code Chapter 5.36 including any special conditions imposed by the City Council as part of any kennel license approval. App^ant Date For City Use OnN Kennel inspected Recommends: Approval Date 1 I i! "O'Ajj CITY OF ORONO SPECIAL EVENT PERMIT Dale Issued: Date of Event: Time: May 14,2002 Saturday, July 13,2002 4:00 p.m. -11 :00 p.m. Name of Person(s) And/or Organization Sponsoring this Event: Starr Gladding 120 Orono Orchard Road South Orono, MN 55391 Phone:952476-7964 Location of Event: 120 Orono Orchard Road South Type of Event:Wedding with approximately 150-200 guests The following documents are required and on file at the City Administrative Offices: Certiflcate of General Liability Insurance Approval from Orono Police Department Approval from Orono Building and Zoning Department The following conditions have been placed on this event: • This special events permit is subject to immediate revocation by the Orono Police Department upon violation of any City Ordinances or identification of hazards to safety of the public. • Parking allowed only on west side of Orono Orchard Road. • Parking allowed only on one side of public portion of Woodhill Avenue. • If amplified music is played, must comply with regulations of the noise ordinance. Approved at City Council meeting on: May 13,2002 (City Seal) Ronald J. Moorse, City Administrator 2750 Kelley Parkway. P.O. Box 66, Crysul Bay, MN 55323 Phone: 952-249-4600/Fax: 952-249-4616/www.ci.orono.mn.in 1 i. ;{! CITY OF ORONO *Check Detail Register® MAY 2002 Check Amt Invoice Comment 05/10/02 10:36 AM COf ^ MJfl 3 2002 CIIY Uh UHO/vq 10100 Primary Cash Paid ChM 073407 5/13/2002 ACTION RADIO • COMMUNICATKWS E 101-42110-550 Automotive Equipment $5^92 45 2037 Set Up Expedition-«194 Total ACTIOH RADIO A COMMUNICATIONS $5.59245 Paid Chki 073408 5/13/2002 ARAMARK REFRESHMENT SERVICES E 101-42110-201 Office supplies $156 40 6013-247747Coffee E 101-41900-201 Office supplies $133.40 6013-250332Coffee - CH E 101-42110-439 Meeting Expenses $133 56 6013-250333Coftee. Sugar. Cream E 101-41900-201 Office supplies $132.00 6013-250334Coffee Total ARAMARK REFRESHMENT SERVICES $555 36 Paid Chk# 073409 5/13/2002 ARNOLD S RYE PRINTING E 101.41900-352 Printing S Publishing $2,651.85 5028 Spnog 2002 Newsletter Total ARNOLDS RYE PRINTING $2,651 85 Paid Chk# 073410 5/13/2002 AT S T YVIRELESS SERVICES E 601 -494(X)-321 Telephone $13.29 3419397 Cell Phones E 602.49450-321 Talephone $13.29 3419397 Cell Phones E 101-41900-321 Telephone $22.18 3419397 Cell Phones Total AT ST WIRELESS SERVICES $4876 Paid Chk# 073411 5/13/2002 AUGIES MOBILE CHEF E 613-49900-093 Concessions For Resale-Txtl $88.39 25685 Hot Dogs. Cheeseburgers ToUl AUGIES MOBILE CHEF $86 39 Paid Chk# 073412 5/13/2002 BCA - FORENSIC SCIENCE LAB E 101-42110-437 Training & Development $40.00 4024940 intox Recart-Famiok E 101-42110-437 Training & Development $40.00 4025590 Intox Recert-Wittfce Total BCA-FORENSIC SCIENCE LAB $80.00 Paid Chk# 073413 5/13/2002 BENCHMARK LEARNING E 101-42110-437 Training & Development $22500 154426 Access 2000 • Budig Tout BENCHMARK LEARNING $22500 Paid 6hk# 673414 5/13/2002 BERNIE GAFFRON E 101-42110-340 General Advertising $250 00 Music - Open House Total BERNIE GAFFRON " $250 OO' Paid Chk# 073415 5/13/2002 BIFFS INC. E 101-45200-415 Other Equipment Rentals $70 26 W155855 Portable • Bederwood Park ToUl BIFFS INC.$70.26 Paid Chk# 073416 5/13/2002 BLOOD, CHERYL KAY E 101-42110-437 Training & Development $200 00 BI6I02 Speakers Fee - PD Totel BLOOD. CHERYL KAY $200.06 Paid Chk# 073417 5/13/2002 BOB21EN, SUE E 101-42110-437 Training & Development $24.18 4/18A)2 Mileage/Meal-Time Mgmn! E 101-42110-201 Office supplies $31.94 4/24A)2 AV Cable-LCD Proj Tout BOBZIEN.SUE $5612“ Paid Chk« 073418 5/13/2002 BOTACN TACT1CAL.COM G 101-20806 Due to GovU-State Sales Tax E 101-42110-240 Small Tools and Minor Equip Total BOTACHTACT1CAL.COM ($73 19) 53850 $1 .231.21 53850 $1*158 02 Redman Suit Redman Suit CITY OF ORONO *Check Detail Registei® 05/KV02 10:38 AM Page 2 MAY 2002 Check Amt Involc# Commeiit [TO 5/13/2002 BOYER FORD A TRUCK E 10M3000-222 Vehide Equipment A Partt ___$133 28 Total BOYER FORD A TRUCK $133 28 385466 StepAssmbly §427 Paid Chki 073420 5/13/2002 BOYER TRUCKS E 101 -43000-221 Equipment Parts A Accessories Total BOYER TRUCKS $63^ $63.79 386555X1 Parts #427 PaidChk# 073421 5/13/2002 BUDGET PRINTING E 101-42110-201 Office supplies E 101-41900-322 Postage E 601-49400-489 Other Miscellaneous Charges Total BUDGET PRINTING $126.52 $11 47 $20W $15362 20702 4/17/02 4/17/02 Business Cards Shipping Charges Shipping Charges Paid Chki 073422 5/13/2002 CARLSON TRACTOR A EQUIP CO. E 101-43000-221 Equipment Parts A Accessories $njl8 2005709 Total CARLSON TRACTOR A EQUIP CO. $73 18 Filter and Seals #430 Paid Chk# 073423 5/13/2002 CITY OF SHOREWOOO E 101-42400-437 Training A Development Tout CITY OF SHOREWOOD $^00 $60.00 1986 Land Use Workshops Paid Chk# 073424 5/13/2002 CORNICK. JAMES E 101-42110-226 Clothing A personal equipment Total CORNICK, JAMES $300 00 04220: $300.00 Uniform Reimbursement Paid Chk# 073425 5713/2002 CYS UNIFORMS E 101-42110-226 Clothing A personal equipment Total CYS UNIFORMS $«3 7976 $9 53 Collar Brass Paid Chk# 073426 5/13/2002 DAKOTA CO. TECHNICAL COLLEGE E 101-42110-437 Training A Development $850 00 5/1/02 Tout DAKOTA CO. TECHNICAL COLLEGE $850 00 Emg Veh Oper Training Paid Chk# 073427 5/13/2002 DAY DISTRIBUTING CO. E 613-49900-093 Concessions For Resale-TxtI Total DAY DISTRIBUTING CO. $72^ 174735 $72*80 Snadis for Resale Paid Chk# 073428 5/13/2002 DE BAERE. DON E 601-49400-437 Training A Development Total DE BAERE, DON $53JI2 4aV02 $53.82 Mileage • Water School Paid Chk# 073429 3/2002 DEPT OF ADM - INTERTECH GROUP E 101-42110-311 Data Processing Communication $37 00 E 101-42110-321 Telephone $49.47 E 101-41900-321 Telephone Total DEPT OF ADM • INTERTECH GROUP $201 88 DVD02039010 PVC March 2002 W02030651 Phone Service 3/2002 W02030651 Phone Service 3/2002 PaldChk* 073430 5/13/2002 0060*8 E IOMIIIO.439 Meeting Expenses Total DOBO'S $63 99 4256 $6399 Work Session Meal Paid Chkf 073431 5/13/2002 E-Z RECYCUNO E 101-43270-316 Contract Recycling Pickup $6,317.64 3666 Recycling 4/2002 ToUl E-Z RECYCUNO $6,317.64 Paid Chk# 073432 5/13/2002 EARL F. ANDERSON A ASSOC CITY OF ORONO *Check Detail Register® 0S/1CV02 10:38 AM Page 3 MAY 2002 E 101-43000-224 Street Maint. Materials/Sup^ Tout EARL F. ANDERSON t ASSOC. Checli Amt Involoe Comment $1,112.18 0046941 Street Signs $1,112.18 PaM ChM 073433 S/13/2002 EAST SIDE BEVERAGE E 613-499004)91 Beer For Resale $188 40 234671 Beer for Resale Total EAST SIDE BEVERAGE $188.40 PaM ChMI 073434 5/13/2002 EMERGENCY AUTOMOTIVE TECH INC E 101-42110-402 Repaira/Maint-Aiito Equip S3.867 23 11095 Squad Maint Total EMERGENCY AUTOMOTIVE TECH INC 53 867 23 Chki 07ii35 5/13/2002 ERICKSON. KURT E 101-42110-437 Training 8 Development $354 57 4/23A)2 Lodging • Chiefs Conf E 101-42110-437 Training & Development $57.96 4/23^2 Mileage • Chiefs Conf Total ERlCKSONsKURT 5412 53 Paid CUM 073436 5/13/2002 FISCHEMCH. DAN E 101-42110-352 Printing & Publishing $88.00 4/23A)2 Race Numbers - Open House Total FISCHEMCH, DAN 5M00 Paid CUM 073437 5/13/2002 FITZCOINC E 101-42110-221 Equipment Parts & Accessories 587.86 15010 Evidence Bags Tout FITZCOINC $87.86 Paid Chk« 073438 5/13/2002 FORTIS BENEFITS G101-21712 Other Deductions $1.016 87 4019825-1 LTD. May 2002 Tout FORTIS BENEFITS $1,016 87 Paid ChM 073439 5/13/2002 G S K SERVICES E 101-43000-226 Clothing A personal equipment $102 45 181530 Uniforms E 101-43000-221 Equipment Parts A Accessories 551.02 181530 ShopToeiels E 602-49450-226 Clothing A personal equipment 543 90 181530 Uniforms E 613-49830-226 Clothing A personal equipment $772 181531 Uniform • Steffenhagen E 601-49400-226 Clothing A personal equipment $1408 181532 Uniform - Rathbun E 602-49450-226 Clothing A personal equipment $24 53 188426 Uniforms E 101-43000-226 Clothing A personal equipment 55724 188426 Uniforms E 613-49830-226 Clothing A personal equipment $7.72 188427 Uniform - Steffenhagen E 601-49400-226 Clothing A personal equipment $14.08 188428 Uniform - Rathbun E 101-41900-404 Repairs/Maint-Bldgs/Grounds 54934 188430 Mat Service • Adm E 101-42110-404 Repairs/Maint-Bldgs/Grounds 510705 188431 Mat Service • PD E 101-41900-404 Repairs/Maint-Bldgs/Grounds $49 34 188432 Mat Service • CC E 101-43000-226 Clothing A personal equipment $60 37 195369 Uniforms E 602-49450-226 Clothing A personal equipment $25.88 195369 Uniforms E 101-43000-221 Equipment Parts A Accessories 549.74 195369 Shop Towels E 613-49830-226 Clothing A personal equipment $7.72 195370 Uniform - Steffenhagen E 601-49400-226 Clothing A personal equipment $1408 195371 Uniform - Rathbun E 602-49450-226 Clothing A personal equipment 526 74 202370 Uniforms E 101-43000-226 Clothing A personal equipment 562 38 202370 Uniforms E 613-49830-226 Clothing A personal equipment 57.72 202371 Uniform - Steffenhagen E 601-49400-226 Clothing A personal equipment 514.08 202372 Uniform - Rathbun Total OAKSERVICES $797.18 PaidChka 073441 5/13/2002 GENUINE PARTS CO. E 601-49400-221 Equ^ment Parts A Accessories $31.93 687315 Parts §712 E 101-43000-221 Equipment Parts A Accessories 519 55 687648 Shop Suppiios E 101-43000-221 Equipment Parts A Accessories 51913 687647 Shop Supplies i CITY OF ORONO 0S/1CV02 10:38 AM Page 4 1 Check Detail Register® MAY 2002 Check Amt Invoice Comment E60M9400-221 E 601-49400-222 E 101-43000-221 E 101-43000-221 E 101-43000-221 Equipment Paits & Accessories Vehicle Equipment & Parts Equipment Parts & Accessories Equipment Parts & Accessories Equipment Parts A Accessories Total GENUINE PARTS CO. $108 67 687839 $47.90 688003 $8 51 689117 $10 86 689436 $6 17 689839 U-iointS. Oil FItf U-Jornt Casters Washer Fluid Oil Filters Oil Fitter $25272 PaM Chwl 073442 5/13/2002 GOVT FINANCE OPFICERS ASSN E 101-41500-433 Memberships A Subscriptions $135.00 39995 Total GOVT FINANCE OFFICERS ASSN $135 00 2002 GFOA Mbrshp - Kuehn Paid Chk# 073443 5/13/2002 GRAFIX SHOPPE E 101-42110-550 Automotive Equipment $283 00 23903 Squad Graphics #193 Total GRAFIX SHOPPE $283 00 Paid ChUP 073444 5/13/2002 HARRIS INTERNATIONAL INC E 613-49900-095 Pro Shop Items For Resale $364 89 279954 Gloves for Resale Total HARRIS INTERNATIONAL INC $364 89 Paid ChM 073445 5/13/2002 HUEBSCH RENTAL SERVICE E 613-49830-404 Repairs/Maint-Bldgs/Grounds $25 07 550574 Mat Service Total HUEBSCH RENTAL SERVICE $2507 Paid Chk# 073446 5/13/2002 JUBILEE FOODS E 101-42110-439 Meeting Expenses $33 28 5m/2002 Supplies-Dept Meeting Total JUBILEE FOODS $33 28 PaidChkf 073447 5/13/2002 LOOIS E 101-41900-329 Other Communications $183 00 21755 Internet 3/02 E 101-42110-310 LOGIS-Applications $1.635 00 21755 Police Records 3/02 E 101-42110-329 Other Communications $183 00 21755 Internet 3/02 E 101-41900-311 DaU Processing Communicahon $30 00 21755 Henn Cty Connection E 101-41900-401 Repairs/Maint-OfTice Equip $71 56 21786 RAM GW Server E 101-42110-401 Repairs/Maint-Office Equip $71 55 21786 RAM GW Server E 101-42110-401 Repairs/Maint-Office Equip $127.50 21810 GW Server Set Up E 101-41900-401 Repa>rs/Maint-Office Equip $127.50 21810 GW Server Set Up Total LOOIS $2,429 11 Paid ChUP 073448 5/13/2002 LONG LAKE POWER EQUIPMENT E 101-43000-226 Clothing S personal equipment $13.61 32608 Hard Hat E 101-45200-221 Equipment Parts S Accessories $30 84 33143 Belt ToUl LONG LAKE POWER EQUIPMENT $44.45 Paid Chk# 073449 5/13/2002 LONG LAKE VETERINARY CLINIC E 101-42110-317 Animal Care $136 00 4/30A)2 Nathanson Dogs ToUl LONG LAKE VETERINARY CUNIC $136.00 ' Paid Chk# 073450 5/13/2002 MCLEOD USA • PHONE BILLS E 601-49400-321 Telephone $22.78 2838411 Phone Service E 101-41900-321 Telephone $478 37 2838411 Phone Service E 101-42110-321 Telephone $205 02 2838411 Phone Service E 602-49450-321 Telephone $53 15 2838411 Phone Service E 6:2-49450-321 Telephone $39 87 2838411 Phone Service E 601-49400-321 Telephone $47.82 2838411 Phone Service Total MCLEOD USA'PHONE BILLS $847.01 PaidChki 073451 5/13/2002 MEDICA CITY OF ORONO *Check Detail Register® OS/1 (V02 10 38 AM Page 5 MAY 2002 Clieck Amt Invoice Comment H G 101-15008 Non-Employee Health Ins G 101-21706 Hospitalization/Medicel Ins G 101-21706 Hospitalization/Medical Ins $1,529.37 101212110255 Medica High-5/2002 $9,454.09 101212110255 Medica High-5/2002 $2,228.98 102121122585 Medica Low - 5/2002 Total MEDICA $13,212.44 PaW Chk* 073452 5/13/2002 MET COUNCIL ENVIRONMENTAL SVCS E 601-40400-441 Licenses A Taxes $325.00 738464 2002 Ind D^arge Permit Total MET COUNCIL ENVIRONMENTAL SVCS $325.00 Paid ChfcA 073453 5/13/2002 MUMWEST ASPHALT E 101-43000-224 Streat Maint. Mattriali/Supply $13^39 69914MB Hot Patch Total MIDWEST ASPHALT $133.39 Paid Chk« 073454 5/13/2002 MIDWEST COCA COLA BOTTLING CO E 613-49900-092 Soil Drinks For Resale ($233.25) 2713580 Earlybird Credit E 61349900-092 Soft Drinks For Resale $1,532.00 61274172 Soft Drinks for Resale E 613-49900-092 Soft Drinks For Resale ($136.^) 63467186 Credit on Account Total MIDWEST COCA COLA BOTTLING CO $1,16225 Paid Cl>k« 07^4^^ 5/13/2002 MIDWEST FUELS E 101-43000-212 Motor Fuels & Lubricants $561.30 91483 600 Gal Diesel G 101-14101 Gasoline Inventory $1,70817 91483 1298 Gal Unleaded E 101-43000-212 Motor Fuels & Lubricants S51151 91558 545 Gal Dier-' G 101-14101 Gasoline Inventory $2,050.79 91558 1607.2 Gal U-- -«oed Total MIDWEST FUELS $4,831.77 Paid CMdl 073456 5/13/2002 MINN COMM E 101-42110-321 Telephone $38.04 20261005027 Police Pagers Tout MINN COMM $38 04 Paid ChMI 0734 ^ 5/13/2002 MINNEAPOUS OXYGEN COMPANY E 101-43000-415 Other Equipment Rentals $30 67 RI04020920 Acetylene. Oxygen E 101-42110-221 Equipment Parts & Accessories $15.34 RI04020921 Medical Oxygen ToUl MINNEAPOLIS OXYGEN COMPANY $4601 Paid Chk« 073456 5/13/2002 MN COUNTY ATTORNEYS ASSOC. E 101-42110-208 Books & Periodicals $76 26 Bk Order Updated Law Manuals ToUl MN COUNTY ATTORNEYS ASSOC.$76.26 PaidChk# 073459 5/13/2002 MN DEPT OF HEALTH E 601-49400-437 Training & Development $6^ 00 4/11/02 Water School ToUl MN DEPT OF HEALTH $650.00 Paid Chk# 073460 5/13/2002 MN STATE TREASURER R 101-39610 Miscellaneous Revenue ($50 04) 5/2001 Add Surcharge 5/2001 G 101-20802 Due to govts-Stale $1,251.00 5/2001 Add Surcharge 5/2001 Tout MN STATE TREASURER $1.20a96 Paid 6hk» 073461 5/13/2002 MOROWCZYNSKI. JIM E 101-42110-437 Training A Development $17.44 4/23/02 Meats - Driving School Total MOROWCZYNSKI. JIM $17.44 Paid 6hk« 073462 5/13/2002 MORRIES FORD E 101-42110-402 Repairs/Maint-Auto Equip $49 97 365435 Mirror - Squad #183 ToUl MORRIES FORD $49.97 f>aki 5/13/2002 MPLS DEPT OF HEALTH ft FAMILY CITY OF ORONO 0V10/02 1036 AM Page 6 *Check Detail Register® MAY 2002 Check Amt twvotce Comment E 101-42110-319 Other Professional Services $220.00 2002426 laboratory Analysis ToM MPLS DEPT OF HEALTH* FAMILY $220.00 Paid Chki 073464 m 3/2002 MR AUOIES COFFEE SERVICE E 613-499004)92 Soft Drinks For Resale $49.50 21536 Coffee Total MR AUGIES COFFEE SERVICE $49.50 Paid Chki 07346S S/130002 NAVARRE HARDWARE E 101-42110-201 Office supplies $3.17 97894 Single Cut Key E 613-49630-223 Bkfg/Grounds Mainl. Supplies $15.50 97929 Paint, Brushes E 101-43000-221 Equipment Parts & Accessories $441 97963 Shop Supplies CMCMaY§lilUtility System Maint. Supplies $21.46 97974 Batteries E 101-43000-221 Equipment Parts & Accessories $12 74 96161 Jig Blades E 601-49400-221 Equipment Parts 6 Accessories $531 96162 Faucet Connector E 601-49400-221 Equipment Parts 6 Accessories ($1.07) 96191 Exchange E 613-49630-223 Bldg/Grounds Maint. Supplies $21.03 96276 Paint, Brushes E 601-49400-227 UtMity System Maint. Supplies $6 17 98276 Battery E 101-42110-221 Equipment Parts & Accessories $22.31 96447 Plastic Bags E 101-42110-201 Office supplies $4 76 96506 Single Cut Key E 101-42110-201 Office supplies $6 30 96666 Extension Cord E 613-49630-223 Bldg/Grounds Maint. Supplies $62 92 98979 Cleaning Supplies. Equip E 101-45200-223 Bldg/Grounds Maint. Supplies $318 99166 BB Net-Hackberry E 101-42110-340 General Advertising $14 36 99192 Open House Supplies E 101-43000-224 Street Maint. Materials/Supply $20.22 99277 Mailbox E 101-42110-221 Equipment Parts 6 Accessories $15 96 99262 100* Tape E 601-49400-227 Utility System Maint Supplies $11 07 99269 Misc Supplies Total NAVARRE HARDWARE $251.64 Paid Chki 073467 5/13/2002 NCPERS GROUP LIFE INS 0 101-21710 Life Insurance $180 00 6732502 May Pera Life Total NCPERS GROUP LIFE INS $16000 Paid Chki 073466 5/13/2002 NEXTEL COMMUNICATIONS E 101-42110-321 Telephone $706 26 4/19/02 Police Celt Phones Tout NEXTEL COMMUNICATIONS $706 26 Paid 6hki 07346& 5/13/2002 NORTH AMERICAN SALT E 101-43000-224 street Maint. Materials/Suppty $2,98532 10609612 Road Salt Tolat NORTH AMERICAN SALT $2,985 32 Paid Chki 073470 5/13/2002 O'SULLIVANS AUTO REPAIR G 601-20806 Due to Govts-Slate Sales Tax $419.73 Sales Tx Sales Tax Refund Total O'SULLIVANS AUTO REPAIR $419 73 Paid Chki 073471 5/13/2002 OFFICE DEPOT E 101-41900-201 Office supplies $120 30 157411603 Office Supplies E 101-42110-201 Office supplies $29 35 157411603 Office Supplies E 101-42110-201 Office supplies $96.44 157411603 Office Supplies E 101-41900-201 Office supplies $21.04 157459848 Office Supplies E 101-42110-201 Office supplies $26.71 157549848 Office Supplies E 10M1000-201 Office supplies ($21 04) 157561917 Office Supplies E 101-41900-201 Office supplies $10.14 1 57973546 Office Supplies Total OFFICE DEPOT $264 94 Paid Chki 073472 5/13/2002 OLD DUTCH FOODS INC. E 613-49900-093 Concessions For Resale-T)il)l $17.64 205071 Chips for Resale CITY OF ORONO OS/KV02 10 38 AM Page? *Check Detail Register® MAY 2002 Total OLD DUTCH FOODS INC. CheckAmt invoice Commetil $17.64 Paid ChMP 073473 5/13/2002 ONE STOP AUTO SERVICE E 101-42110-402 Rapain/Maint-Auto Equ^$9977 10463 Wig Wag #192 E 101-42110-402 Repairs/Maint-Aulo Equip $6867 10475 Oil. Brake Release #188 E101-42110-402 Repaka/Mainl-Aulo Equip $41624 10481 Oil. StarUr. #187 E 101-42110-402 Repairt/Mainl-Auto Equip $68002 10512 Ofl. Brakes #190 E 101-42110-402 Repaira/Maint-Auto Equip $152.77 10520 Oil. Mount Tires #191 E 101-42110-402 Repairs/Mainl-Auto Equip $870.73 10533 Oil, Brakes. Tires #192 E101-42110402 RepairaAtoinl-Auto Equip $49 95 10541 Align #191 E101-42110402 RepairaMaint-Auto Equip $312 07 10542 Brakes #190 E10142110-402 Repain/Maint-Aulo Equip $99.77 10591 Rear Suspension #194 E 101-42110-402 Repain/Maint-Auto Equip $102.93 10631 Oil. Tires #189 Total ONE STOP AUTO SERVICE $2JB52 92 Paid ChM 073474 S/13/2002 ORONO ROTARY E 101-42700-433 Memberthips S Sutoacriptiona $127.00 3/28/02 Quarterly Dues ToUl ORONO ROTARY $127.00 l>aid dhiti^ 573475 V13/2002 P S L AUTOMOTIVE INC E 101-43000403 Repairi/Maint-Misc. Equip $75000 126953 Spray On Bed Uner #428 E 101-43000403 RepalraA4aint-Miac. Equip $50.00 126964 Rustproofing #428 E 10143000403 Repaira/Maint-Miac. Equip $100 00 127720 Spray On Bed Liner #428 Total PS L AUTOMOTIVE INC $900.00 Paid Chk« 073476 5/13/2002 PEPSI-COLA E 613499004)92 Sott Drinks For Reaale $981.00 30052017 Soft Drinks fbr Resale E 61349900092 Soft Onnks For Reaale ($296.00) 79463814 Creldt on Account Total PEPSI-COLA $685.00 Paid Chiyb73477 5/13/2002 PIONEER E 10141900-352 Printing & Publishing $103.48 110 Ordinance #217 E 10141900-352 Printing & Publishing $48.00 111 Ordinance #218 E 10141900-352 Prinlittg S Publiahing $27.86 115 Board of Review E 60149400-352 Printing S Publishing $271.00 131 2001 Drinking Wtr Report E 60249450-352 Prinling S Publiahing $64.00 132 Adv for Bids - SCAOA ToUl PIONEER $51434 Paid ChM 073476 5/13/2002 PIRTEK E 10143000-221 Equipment Parta S Acceaaoriea $7452 15571 Sweeper Parts ToUl PIRTEK $74.52 Paid Chk# 073479 5/13/2002 PRUDENTIAL LIFE INSURANCE G 101-21710 Life Insurance $89.70 96234 G 101-21710 Life Insurance $686 50 96234 May Life Insurance G 101-15998 Non-Employee Health Ins $1 65 96234 May Life Insurance ToUl PRUDENTIAL LIFE INSURANCE $777.85 Paid Chki 073480 5/13/2002 PUBLIC S/tFETY EQUIPMENT CO. E 10142110403 Repaira/Maint-Miac. Equip $325 00 7983 Radar Calibration ToUl PUBLIC SAFETY EQUIPMENT CO.$325 00' Paid Chki 073481 5/13/2002 QUILAN PUBUSHINO GROUP E 10142110433 Membershipa S Subacriptiona $89 00 4/15/02 Arrest Law Bulletin ToUl QUILAN PUBLISHING GROUP $89.00 Paid Chki 073402 5/13/2002 QV9E8T CITY OF ORONO *Check Detail Register® 0S/KV02 10 30 AM P«ge8 MAY 2002 CltackAint Invoke Comment E 10M1900-321 Telephor>e ($209.57) 6124739904 Phone Service E 61349830-321 Telephone $58 74 6124739904 Phone Service E 613-49830-340Genefal Advertising $240 80 6124739904 Directory Adv-GC E 60149400-321 Telephone $206 00 612E440016 Phone Service Total CWE8T $295 97 Paid Chk# 073483 5/13^002 REEOVENDINO E 613499004)93Concessions For Resale-Tnbl $100 20 4235 Snacks for Resale Total REEOVENDINO $100 20 PaMChM 073484 5/13/2002 RELIANT ENERGY E 60249450-381 Gas & Electric $2327 060006750600 Gas Service E 10141900-381 Gas A Electric $1.009 38 060006750600 Gas Servica E 60149400-381Gas & Electric $66271 060006750600 Gas Service E 10141900-381 Gas A Electric $25897 060006750600 Gas Service E 10142110-381 Gas A Electric $211.89 060006750600 Gas Service Total REUANTENERGY $2.166 22 Paid Chk# 073485 5/13/2002 RELIANT ENERGY • GC E 613-49830-381 Gas & Electric $132 55 539004161700 Gas Servica-Golf Course Totel RELIANT ENERGY-GC $132.55 Paid Chk# 073486 5/13/2002 SA-AG INC. E101-43000-224 Street Maint. Materials/Supply $1,661.50 21823 Sand E 101-43000-224 Street Maint. Materials/Supply $1.64TW 21841 Sand Total 8A-AGINC.$3,309.16 Paid Chkf 073487 5/13/2002 SCHOENHOFF, JOHN E 101-42110-229 DARE. Supplies $16.10 4/15A)2 Meats - Silent Auction E 101-42110-437 Training & Development $16 49 4/15/02 Meats - Training ToUl SCHOENHOFF.JOHN $3259 Paid Chk# 073488 5/13/2002 SENIOR COMMUNITY SERVICES E 10141800490 Contributions to Civic Org*s $3,907 50 5/1/02 2002 2nd Qtr Sr Services Total SENIOR COMMUNITY SERVICES $3,907.50 Paid Chk# 073489 5/13/2002 SNYDER DRUG STORES E 10142110-201 Office supplies $7.18 3/1/02 Film Processing E 10142110-201 Office supplies $24 75 3/14A)2 Film Processing E 10142110-221 Equipment Parts A Accessories $38 29 3/27/02 Energizer E 10142110-201 Office supplies $77.17 3/4/02 Film. Batteries E 10142110-221 Equipment Parts A Accessories $33.65 4/10/02 Photo Processing E 10142110-201 Office supplies $16 49 4/11/02 Film. Envelopes E 10142110-221 Equipment Parts A Accessories $13.83 4/12A)2 Film Processing E 10142110-221 Equipment Parts A Accessories $62 27 4/15A)2 Poloroid Film E 10142110-201 Office supplies $5 22 4/16A)2 Film Processing E 10142110-221 Equipment Parts A Accessories $23.93 4/22/02 Batteries ToUl SNYDER DRUG STORES $302.78 Paid Chk« 073490 5/13/2002 STA-8AFE LOCKSMITH E 101-41900-404 Repairs/Maint-Bldgt/Grounds $225.37 12093 Door Lock - City Hall E 101-41900-401 RepairsMaint-Ofrice Equip $84325 12120 Door Lock/Keypad Total STA-SAFE LOCKSMITH $1.068 62 Paid Chk« 073491 5/13/2002 STAR TRIBUNE E 101-41900-201 Office supplies S111.80 1913693 52 Week Subscription CITY OF ORONO *Check Detail Register® 05/1CV02 10 38 AM Pages Total STAR TRIBUNE MAY 2002 Check^Rt Invoice Comment $111.80 Paid Chk* 0734^2 S/13/2002 8TREICHER8 E 101-42110-402Repairs/MaintAuto Equip $272.93 284275.1 Speaker Asblyi184 E 101-42110-226Clothing S personal equipment $369 57 285446.1 Trotisera, Boola Oembouski E 101-42110-226Clothing & personal equipment $1592 285446 2 Key Holder E 101-42110-226Clothing A personal equipment $67.90 2654463 Shirt - Dembouski E 101-42110-226Clothing S personal equipment $249 95 286283.2 Boots • Fischenich E 101-42110-226Clothing & personal equipment $44 68 2862901 Radio Holder - Persell E 101-42110-228Training Supplies $54 82 287778.1 Red Training Beretta E 101-42110-226Clothing & personal equipment $162.52 288254.1 Misc Uniform Items E 101-42110-226Clothing & personal equipment $847 290478.1 Badge Holder E 101-42110-226Clothing & personal equipment $79.72 2910451 Batteries Total 8TREICNERS • $1.326 48 Paid ChM> 073493 5/13/2002 SUN NEWSPAPERS E 613.49830-340 General Advertising Total SUN NEWSPAPERS $150 00 501065 $150 00 Print Adv - GC Paid Chk# 073494 5/13/2002 TERRITORIAL GUNSMITHS, LTD E 101-42110-226 Clothing & personal equipment Total TERRITORIAL GUNSMITN8. LTD $13273 0129 $132 23 Holster - Comtek Paid Chk# 073495 5/13/2002 THORPE DIST CO. E 613-49900-091 Beer For Resale Total THORPE DIST CO. $212 00 258721 $2l’2"00 Beer for Resale E 101-42110-229 D A R E. Supplies E 101-42110-229 DAR E Supplies E 101-42110-229 OAR E. Supplies ToUl TREADWAY GRAPHICS SI 38 05 $80 94 $1,101.16 138467 138750 139283 DARE Role Model Shirts DARE Flashlights DARE Shirts. Awards $1.32015 Paid Chki 073497 5/13/2002 TRI CITY PUBUC LABORATORY E 601-49400-489 Other Miscellaneous Charges Total TRI CITY PUBLIC LABORATORY ~ $^^ Colifomi Testing Paid Chk# 073498 5/13/2002 TRUXSTOR E 101-42110-402 Repairs/MaintAuto Equip ToUl TRUXSTOR $80 00 17959 Parts for Expedition $80.00 Paid Chki 073499 5/13/2002 TWIN CITY OARAGE DOOR CO. E 101-41900-404 Repairs/Maint-Bldgs/Grounds $898 50 142464 Rep Spring - PW Gar Door Total TWIN CITY GARAGE DOOR CO.$898 50 Paid Chki 073500 5/13/2002 UNITED RENTALS E 101-43000-415 Other Equipment Rentals Total UNITED RENTALS $105.44 $10^44 381563 Barricades Paid Chk# 073501 5/13/2002 US FILTER E 601-49400-227 Utility System Maint Supplies Total US FILTER $75 28 8251909 Utility Supplies $7528 Paid Chk# 073502 5/13/20C2 VERIZON WIRELESS E 602-49450-321 Telephone E 601-49400-321 Telephone E 101-41900-321 Telephone $14.16 $14.16 $416.08 1003-4585141 10034585141 10035922058 Cell Phones Cell Phones Cell Phones CITY OF ORONO 0S/KV0210:3SAM Pag* 10 *Check Detail Register® MAY 2002 Check Ami Iwvotee Coniifieiil PaidCfiMI 07 J/.V 9/13/2 Total VERIZON VMRCLESS 002 WA8NMGTONCOUNf7 $444.40 E 101-42110^7 Training A Development Total WA8HINOTONCOUNTY $200.00 30124 Interview Tmg-Hendricks $200.00 Paid CKk« 073904 9/13/2002 WAYZATA RAY CAR WASH E101-42110-221 Equipment Parts A Aooessoriet __ $532.50 4492 100 Car Wash Tickets Total WAYZATA RAY CAR WASH $532.50 PaidCtM 073505 5/13/2002 VWTTKE.TONY E101-42110-212 Motor Fuels A Lubricanta Total W1TTKE,TOMY $5.00 4/23/02 $5.00 PaidChki 07:5/13/2002 WRIGHT HENNEPIN ELECTRIC E101-43000-351 Gas A Electric E 602-49450-381 Gas A Electric Total WRIGHT HENNEPIN ELECTRIC $24.15 3113009200 $23.97 3113009200 Electrical Service Electrical Service $45.12 Paid t^MH07 5/13/2002 XCEL ENERGY E 602-49450-351 E 101-41900-351 E101-42110-351 E 101-43000-351 E 61349830-351 E 10142110-351 E 60149400-381 E 10145200-351 E10143000-351 Gas A Electric Gas A Electric Gas A Electric Gas A Electric GasAEIectric GasAElectric GasAEIectric GasAElectric GasAEIectric Total XCEL ENERGY $1452.56 $1.153 27 $507.24 $145.19 $136.36 $6.25 $2,725.39 $15.31 $122.79 Allocation Allocation Allocation Allocation Allocation Aaocation Allocation Allocation Kwy12 EiecOical Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service Electrical Service Hwy12AIWIow Elect $6,300.39 10100 Primary Cash $57.947 79 CITY OF ORONO Payments CurrwitPwtod: MAY 2002 Batch Name PY050102B Payments User DoHarAmt Computer Dollar Amt $49,572.38 $49,572.38 Refer 1 CITY COUNTY CREDIT UNION $0.00 In Balance SAVINGS W/H & TRANSFERREDCash Payment G 101-21711 Credit Union Invoice Transaction Date 5/1/02 Due 7/12/00 Primary Cash 10100 Refer 0 FIRST NATIONAL BANK OF LAKES Cash Payment G 101-21703 FICA Tax Withholding Invoice Cash Paynwnt G101-21703 FICA Tax WHhholding Invoice Cash Payment G 101-21701 Federal WHhholding Invoice Transaction Data 5/1/02 Due7/12AX) Primary Cash FICA & MEDICARE W/H FICA & MEDCR CITY SHARE FEDERAL W/H 10100 Refer 0 tCMARETIREh4ENT TRUST-457 DEFERRED COMPCash Payment G 101-21705 Other Retirement Invoice Transaction Date 5/1/02 Due 7/12/00 Primary Cash 10100 Refer 0 LA\NENFORCMENTLABOR SERVI UNION DUESCash Payment G 101-21707 Union Dues Invoice Transaction Date 5/1/02 Due 7/12/00 Primary Cash 10100 Refer 0 MN DEPT OF REVENUE STATE TAX W/HCash Payment G 101-21702 State WHhholding Invoice Transaction Date 5/1/02 Due 7/12/00 Primary Cash 10100 Refer 0 ORCHARD TRUST CO. TRUSTEE/C . Cash Payment G 101-21705 Other Retirement Invoice Transaction Date 5/1/02 Due 7/12/00 Primary Cash MN STATE RETIREMENT 10100 Refer 0 PEBSCOADBRA Cash Payment G 101-21705 Other Retirement Invoice Transaction Date 5/1/02 Due 7/12/00 Primary Cash OBRA DEFERRED COMP 10100 Refer 0 PEBSCOAJS CONF OF MAYORS USCM - ENTITY 2339Cash Payment G 101-21705 Other Retirement Invoice Transaction Date 5/1/02 Due 7/12/00 Primary Cash 10100 Refer 0 PUBLIC EMPLOYEES REVREMEN Cash Payment G 101-21704 PERA Invoice Cash Payment G 101-21704 PERA Invoice Transaction Date 5/1 A)2 PERA EMPLOYEE W/H PERA CITY SHARE Due 7/12/00 Primary Cash 10100 ToUl Total Total ToUl Total Tout ToUl 05A)1/02 7:46 AM Page 1 $10.535 00 $10.535 00 $4.322 53 $4,322 53 $9,681 35 $18,326.41 $300 00 $300 00 $0 00 $0 00 $3,954.55 $3.954 55 $2.189 68 $2.189 68 $61 13 $61 13 $2.267 00 Total $2.267 00 $5.113 73 36.590 26 Total $11.703 99 . f CITY OF ORONO P«ym«nte (OIOV02 7:47 AM Pagt2 CurmUPiflod: MAY 2002 IMir 0 UNTTEOWAY CMh Paymtnt G101-21708 Unttad Way Invoioo CHARITY DONATIONS $50 00 Trtfisaclion DMt 5/1/02 Oua7/12no Primary Caah 10100 Total $50 00 Rofir 0 V^SCONSIN SCTF CaHiPaymanl 0101-21712 Other DaducOona JOHNSON « 00027S6890 Invoice $184 62 TrmacOon DaM 5/1/02 Duo 7/12/00 Primary Cash 10100 Total $184.62 FundSummaiy 101 GENERAL FUND 10100 Primary Cash $49,572.38 $49,572.38 Pra-WIrilltn Chocks Chocks to bo GonoroM hy tho Compulo Total $0.00 $49,572.38 $49,572.38 CITY OF ORONO check ragistsr 04/30C2938AM Pagt 1 Chock Numbtr Employ •• Nonio 051076 DOCX^E. RACHEL M. 051077 JOHNSON. MARY ANN 051076 LESKINEN. DENISE M. 051079 MOORSE. RONALD J. 051060 VEE. LINDAS 051081 KUEHN. THOMAS M. 051002 OLSON, RONALD J. 051063 PETTU. SANDRA K. 051064 ANDERSON. BRUCE L 051065 BOBZIEN.SUEA. 051066 BORIS. SCOTT W. 051067 BUDIG. STACIE M. 051066 CARLSON. MICHAEL B. 051069 CORNICK. JAMES L 051090 DEMBOUSKI. JAY C. 051091 ERICKSON. KURT R 051092 FARNIOK. CORREY L 051093 FISCHENICH. DAN T. 051094 FISCHER. CHRISTOPHER K. 051095 GOOD. STEPHANY R. 051096 HENDRICKS. RONALD J. 051097 JOHNSON. JEFFREY 051096 MADSON ADRIENNE M. 051099 MCNALLY. STEVEN A. 051100 MCNICHOLS. DAVID L 051101 MOROWCZYNSKI. JAMES 051102 PERSELL. WILLIAM R 051103 SCHOENHOFF. JOHN B 051104 TOMCHECK. LAWRENCE F. 051105 TOMCZYK.MARKW. 051108 WITTKE. ANTHONY A. 051107 ARNESON. JOSHUA A. 051106 LEE. JOSEPH P. 051109 BOLTERMAN. MATTHEW A. 051110 BOTTENBERG. WENDY C. 051111 GAFFRON. MICHAEL P. 051112 GAPPA.GREGORYA. 051113 KANGAS. JAMES K. 051114 MEYER. WILLIAM C. 051115 OMAN. LYLE E. 051116 WEINBERGER. PAUL E. 051117 BRINKHAUS. JOHN F. 051116 DEBAERE. DONALD L. 051119 GREGORY. JAMES D. 051120 HANSEN. STEVEN 051121 OBERAIGNER. SCOTT G. 051122 OBRIEN. RANDY L 051123 PALMER. GREGORY A. 051124 RATHBUN. BARRY J 051125 SKREEN. DALE S. 051126 ABRAHAMSON.FREDW. 051127 MCINTYRE. WlUiAME. Pay Pariod * f 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 Chack Amount *.*»- $993.69 1645.75 $791.74 $7.60 $1,351 11 $992 31 $7669 $441.36 $406.07 $75526 $1,423.51 $779 25 $51225 $1.900 76 $1,461.16 $1,460.77 $1,763.36 $1,519.16 $121.72 $2.040 04 $62496 $1.056 76 $55226 $1.397 23 $60221 $1,633.05 $40267 $1.44251 $31314 $1.40311 $1,657.20 $657.60 $266 66 $1.095 40 $1.122 64 $1,351 13 $1.760 33 $62941 $631.12 $153.96 $1.443 56 $1.31970 $1.062 45 $64639 $1,035.16 $670.11 $95431 $61506 $1,361.90 $1.190 66 $210.16 $105.35 Check Data Chack Status 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstandirg 5/1/02 Ou^tanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1A)2 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding 5/1/02 Outstanding CITY OF ORONO check register 04Q(V02 9:38AM Page 2 Chocic *»«r Clwck Chacfc Numbar EmployM Nama Pwiod Amount Data Chack SlaCui « . - # # • _p ^ ^,T K ., ■ : 051128 PEICKERT.QARYJ.9 $261.71 5/1/02 Outstanding 051129 ROSS. JOHN A.9 $35 69 5/1/02 Outstanding 051130 STEFFENHAQEN. RONALD 9 $1,349.62 5/1/02 Outstanding 051131 STORK. JOHN T.9 $106.98 $51,233.16 5/1/02 Outstanding li nrnm r CITY OF ORONO ch«ck ragittor OyO«027:34AM ^ Pagel CiMcfc Number Emptoy** Nam* Pay PiHod Chack Amount Chock Date Chack Status 051132 051133 051134 051135 051136 051137 PETERSON. BARBARA liOORSE. RONALD J. BANSEVERE. ROBERT K. FLINT. RICHARD NYQARD. JAY WHITE. JAMES M. 5 5 5 5 5 5 $323.22 $346.31 $269.36 $269.36 $269.36 $269 36 5/13/02 OutstarKling 5/13/02 OutstMMling 5/13/02 Outstanding 5/13/02 Outstanding 5/13/02 Outstanding 5/13/02 Outstanding $1.746 97 i i.‘ . r«r. . ^0(iwr;i| meeting *Mr ij2ui li CIUU-OI^O^^ information ITEMS Mediaram)COfjWrii meeting MAT 1 3 2002 ReSorwJMmager ^ WHOlVO April 30.2002 CityofOiono City Administrator Ronald Morse POBox66 Orono, MN5S323-0066 Re; Mediacom Online^ Price Change Effective June 1,2002 Dear Municipal Official: In our efforts to provide important and timely information, please be advised ofan upcoming price change that will affect Mediacom Online., high speed Internet service customers in your area. The new rate structure decreases the modem rental to $S.0O and increasea the monthly service rate by a maximum of $6.00. Customers who do not rent a modem from Mediacom will see an increase of SS.OO 'n their bill as a result of this redistribution of the modem rental charge. Current HSD customers who h ' purchased their own modem will have a $5.00 discount applied to their account for the next 12 moiu .s. A separate postcard has been created and will be mailed specifically for these customers explaining the $5.00 discount. Effective with the June 2002 billing statements, the full retail monthly rates for Mediacom Online service are as follows: •Mediacom Online^ with Video Service (no modem rental) •Mediacom OnlinCai with Video Service with modem rental •Mediacom Online^ without Video Service ( no modem rental) •Mediacom Online^ without Video Service with modem rental $40.95 $45.95 $50.95 $55.95 Notice to customers is being provided via direct mail. We are also sending a supplemental e-mail message directly to current Mediacom Onlinea, customers. If you have any questions about these changes, pleases contact me at 507-835-2356, extension 222. Sincerely, till Jensen Enclosures- 4 Mediacom Communications Corporation 1504 2*^ Street. S.E. • Waseca. MN S6093 • 507-835-2356 • Fax 507-835-4567 ■Aaa a -aamrrT A 1' he Power of Cable You already know that Medlacom Online Is the best connection around for people that demand speed, responsiveness and reliability. With Its high speed cable powered technology, you have the ability to upload and download files In seconds compared to the minutes (or hours) lulred by dial-up services. Keeping You Connected with Medlacom Online"* high speed Internet service there'Is no need for a second phone line and no need to wait for your connection as you dial up.That*^ because Medlacom Online keeps you connected to the Internet through our cabl^ making It easier and faster to do everything. And you can always stay In touch with up to six e-mall addresses and remote acces via theweb. Committed to Service Medlacom Is committed to providing you with a dependable product and quality customer service. To that end, we are continuing to upgrade equipment to stay on the cutting edge of technology. Plus, we feature technical support 24 hours per day^ seven days a week. 1-800-800-CABLE www.mymediacomonline.com/help m7-004 IMrtfiCt«lr«l/OlNv ' As you may know, Medlacom recently ^completed a conversion* process and Introduced a new high speed Internet service called . *** • • r ^ ■ Medlacom Online. Wb did this when the previous providei; the largest In the business, discontinued operation. In order to offer high speed Internet acoes and provide you the level of service that you expect, Medlacom will establish the. following monthly rates as of June; 2002. 1/Thank you for being a charter customer to our high speed Internet access serv|c& To slHMr ourappRciatioo,you wiH receive $5 oft the new monthiy ate for the next 12 months.* I •# > . f •1 .■ -S' ; i Jfs- Ratos Effa^iyMvna, 2002 * ■-*.•/ T?’ ' ■«'' ‘‘MontHlyligidg^iftates MedlacomlOitllne,tiQoUi|y..Si^rylc«..........................$40.^ifr (Includes Sl.O.Savinj^^n subicribif^-to both Online and Video Medlacom Online Montjily. Service; ........................$50.95^\'^ V- ' -Jt'.Medlacom Online Monthly Service w/Modem Rental... $45.95 (Includes $10 Savings subscribi^ t9 bg^^tlne and Video services.) V-c::** •: * •. i^Regular Inst^llatioV.’: ... $49.95 j I.:' . ti vV:-.'vPremium installation . ,. Complete installaUQn;wi^;NlCxcard'.'V'. ............$124.95 Complete instaiiatiQn without MlCCcard.................$99.95 ^ iM h-* Offer Is noiM/inifoiTab^Olhor.riMrktlomiMropfly. AdditionAl cjhio cowioctioiVlorvkt fetf ‘ V^.‘: I arv'strvict marlis of Motflacoiit CommunkJlloni mrt ^ «. 'wrrr • liPlfi < • I > r i{ Wilr •;I’tl (ST ff I, ii I . j Customer UPDATE Important 1^ Noiftallon Enclosed Is* *'V- •"■ i &✓ ’1- Mediacoi^ ♦8 o if 1 ^ 1 ■a- ^ik./ K.'. i' r 'is m ft-** he Power of Cable You already know that Mediacom Online Is the best Internet connection around for people that demand speed, responsiveness and reliability. With its high speed cable powered technology, you have the ability to upload and download files In seconds compared :o the minutes (or hours) required by il-up services. Keeping You Connected with Mediacom Online'* high speed Internet service;, there^ no need for a second phone line and no need to wait for your connection as you dial up.That^ because Mediacom Online keeps you connected to the Internet through our cable, making It easier and faster to do everything. And you can always stay In touch with up to six e*mall addresses and remote acoes via the web. Committed to Service Mediacom Is committed to providing you with a dependable product and quality customer service. To that end, we are continuing to upgrade equipment to stay on the cutting edge of technology. Plus, we feature technical support 24 hours per day, seven days a week. 1.800-800-CABLE vvvvvv.mymediacomonline.com/help ;>K , s As you m^ know, Mediacom reoently completed a convenlon' process and Introduced a new high speed Internet service called ' - Mediacom Online. Wb did this when the previous provide^ the < largest in the business, discontinued operation. In order to offer' ■ high speed Internet access and provide you the level of service that you expect, Mediacom will establish the following monthly rates as of June; 2002. tr: R4es Effactira Juna; 2002 I i.Rates Mediacom Online Monthly Service w/Modem Rental.,. $45.9§ -; .; (includes SlO Savings when subscribing to both Online and Video'services.)'-'^ 'V Mediacom Online Mcjitthly Service w/Modem Rental... $55:95s‘v'fwC* Mediacom Onljn^Month^^Seivjc^^^^^^^.........................$40.9&5T^ ‘ (Includes $10 Savings <^en sub^ribing to both Online and Video services.) " Mediacom Onlineiy[onpily Sery|^^^^ .................$50.95 $5.00 •» 1 r. |^:/i.;RegMl^ In^llay9rii:,.;=C^^ .. $49.95 11^' •: (Installation ends at;Cable.Modem) . ^7' . • omplete installa|^on>^i^'JNIC^rdc^^ .............$124.95 Complete 'n No phone lij| Mediacoifiil ...................$99.95 ver have to dial in. it nmch >^ed and convenience CrutMnn mfETING MAr 1 3 2002 cifv UfunuNu CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD. MINNESOTA 55331-8927 • (952) 474-3236 FAX (952) 474 0128 • WWW ci.sHorewood.mn os • cityhall®ci sliorewood mn.us April 30,2002 Mayor Barbara Peterson City of Orono PO Box 66 Orono, MN 55323-0066 Dear Mayor Peterson: We have achieved a major, overwhelming victory at the Legislature. A new bill was been signed into law on April 19 that will restrict the use of lawn fertilizers containing phosphorus throughout the state. Minnesota is the first state in the nation to take such an action to further improve the quality of our waters and thus reduce the public costs to treat the effects of phosphorus pollution. Your support and that of over 50 cities, other local governments and associations, largely through governing board resolutions and contacts with legislators at key moments, were critical to the passage of this legislation. I would like especially to acknowledge the financial support given to Shorewood by the cities of Cottage Grove, Eagan, Eden Prairie, Falcon Heights, Plymouth, and Stillwater. While we sought State regulation of the sale of these fertilizers, this broad of a scope proved unpassable. By restricting the use of such fertilizers, however, we believe that manufacturers and retailers will not want to cause or abet illegal activity by their customers; hence, they will need to make low- and no-phosphorus fertilizers readily available to consumers. The key provisions in the legislation, nearly all of which will take effect January 1,2004: Maximum of 0% phosphorus content in the seven-county Metro area, and 3% phosphorus content in the rest of Minnesota, will be allowed to be used. (Reasonable exceptions, of course: establishment of new turf, or soil test results showing a deficiency of phosphorus.) Non-metro local units of government may adopt ordinances to go to 0% phosphorus, provided that they subsequently notify the Department of Agriculture. Local ordinances more restrictive than the new law are grandfathered if they were effective prior to August 1,2002. (The League of Minnesota Cities and Association of Metropolitan Municipalities are developing sample/model ordinances for cities that may want to have restrictions on the sale of fertilizers with phosphorus.) Golf courses and commercial applicators are exempted, provided they have State license, training, or certification. The Department of Agriculture, with consultation fiom other interested organizations, will develop point-of-sale information. fRINTEO ON RECVCLEO RARER i Lawn Fertilizer Legislation April 30,2002 PageTwo The Department of Agriculture, with involvement of the University of Minnesota extension service and other interested or affected parties, will evaluate effectiveness of the law and report to the Legislature by January IS, 2007. The scope of the legislation is turf fertilizers. Cities may not regulate fertilizers containing phosphorus for agricultural uses or application. Being involved in the process of passing a piece of legislation is interesting, to say the least. This proposal certainly had its ups and downs. Despite the overwhelming support (SS - 3 in the Soiate, 116 -16 in the House, on each body’s first reading), there were several times that the bill might be held up to miss.committee deadlines, and several times that the nose-counting did not appear in our favor. There were many long or sleepless nights. Ultimately, hard work at finding common ground as well as good old coixunon sense prevailed. This law was the result of the involvement of many people and organizations. I am greatly s|)preciative and personally humbled by the support shown by so many. Shorewood is proud to be a member of the broad coalition backing and pushing this bill. Thank you again for being a part of this unprecedented legislatioa /z'. City Manager/Administrator . Jt Kcnnccl\ C irawii C M A R T E R E O 470 Pillsbury Omcr 200 South Sixth Street Minncjpolis MN 55402 (612) 337-9300 telephone (612) 337 9310 fox http;//\%'v^x%-.kcnncdy-gravcn com '• **PPTINQ W4y I 3 2002 James M.Sirum .\u .n Aliome> Jt I J\% nireviDijI (6l2)337.o:3.t tnuil: jiiiumnwn^keruK*d>*i;ni\eti cum May 3,2002 Mayor Barbara Peterson City of Orono Box 66 Crystal Bay. MN 55323 :,r. Re: Suburban Rate Authority - Proposed 2003 Budget'Assessnient Reduction Dear Mayor Peterson: The Suburban Rate Authority (SRA) values your city's membership in this important joint powers organization. The SRA works hard to protect the interests of its member municipal governments and their residents and businesses in telecommunication and utility matters. Each year at the April meeting, the SRA Board recommends a proposed budget for review by each SRA member city council. EtKlosed is the proposed SRA budget for 2003, approved by the SRA Board on April 17, 2002. Final approval of the budget is made at the July SRA Board meeting, scheduled this year for July 17 in Bloomington. The SRA board is pleased to recommend a 25% reduction in the member assessment amount for 2003 and for the foreseeable future. This is due to in part to a deregulated utility en\'ironment in which long and costly rate cases arc rare, and in part to the SRA’s careful selection of issues for participation. As the enclosed review of SRA accomplishments will indicate, however, we remain actively involved in matters of significant importance to SRA city governments and their ratcpa) er residents and businesses. We ask that you and the city council review the proposed-SRA 2003 Budget and the summary of the SRA’s current and past accomplishments. If you need any further infonnation please contact your SRA delegate to the Board and contact the undersigned. Sincerely, & GRAVENX'IIARTERED James M. Strommen JMS/cr Enclosure cc (w/cnc): SRA Board J.MS'2l338bvl SU160-3 (k II *i . -n i . m t.-. . itXi £t Xin A 1 rA’-’ • f %* \i »• CAR-206303v| SU160-3 LIST OF SRA CITIES Birchwood Maple Plain Bloomington Maplewood Brooklyn Park Minnetonka Burnsville Mound Circle Pines New Brighton Columbia Heights Orono Deephaven Osseo Eden Prairie Plymoutii Edina Robbinsdale Fridley Roseville Golden Valley Savage Greenwood Shakopee Hastings Shoreview Hopkins Spring Lake Park Lauderdale Spring Park Lakeland Wayzata Maple Grove West St. Paul Long Lake Woodbury ■tj-— 2003 SUBURBAN RATE AUTHORITY PROPOSED BUDGET 2(N)2 A.sseLs: Cash and Investments (12/31/01) Membership Asscs.snients’ $58,950 76.400 TOTAL .$135,350 Anticipated 2(M)2 Expenses; Utility Undergrounding Tariff Proceeding 15,000 Underground Customer Surcharge Challenge 5,0(X) Gas/Electric/Telecom Legislation 500 Qwest - Secret Interconnection Agreements 2,500 Universal Service rulemaking 1,000 Tciecom - Undergrounding Issues FCC L5(X) Elecuic Transmission Line Proceedings 4,000 Reliant Energy No Surprise Bill 2,000 General (incl. costs and disbursements)IH.OtK) TOTAL ($49,500) Reserve at December 31.2002:$85,850 2003 As.sets: Carryover from 2(X)2 $85,850 Membership Assessments'57,.3(H) TOTAL $143,150 Anticipated 2(K)3 Expenses Gas/Electric/Telecom Legislation $5,000 Telephone Rate Geographic Deaveraging/Universal Service Fund 10,0(H) Cell Tower/Right-of-Way Use/Wireless Issues 5,(HX) Utility Undergrounding Cost/Surcharge Issues 15,000 Telecom - FCC and State Undergrounding Challenges 5,000 General Matters (incl. costs and disbursements)18.(HH) TOTAL ($58,000) E.stimated Re.serve at December 31. 2003:$85,150 ’This is calculated at $400 per vote established in 1995 (for every 5,000 in population or fraction thereof). This calculation is based on full year assessments from 34 SRA members using the 2000 U.S. Census Data. ^ This is calculated at $3(X) per vote in the year 2(X)3 (25^i; reduction), based on 3** members. )MS-2IIS88vl SUlfiO-3 James M. Stkommen Aiiorncy at Law Direct Dill (61 337 9233 Emul; jsuummen(?keoAciJ> |r4vcti.cum MEMORANDUM TO:Mayor and City Council FROM:Jim Strommen DATE:May 3.2002 RE:Suburban Rate Authority (SRA) The SRA is a joint powers organi/ution currently comprised of 34 Twin Cities suburban municipalities totaling over 850,(KX) in population (member list attached). In 1975, the SRA changed from a regulator of gas franchi.ses to a utility rate watchdog for suburban municipalities and residential and business customers within the municipalities. The SRA has often been the lone voice on issues ranging from objection to the Qwest (then Northwestern Bell) Tier System of rates to municipal boundaries for area code splits in the Twin Cities area. The SRA has help .set policy and has led or participated in efforts that have saved ratepayers millions of dollars over the past 25 years. The following is a summary' of SRA participation in gas, elecu-ic and telecommunications matters dating back to its beginnings in 1975. CURRENT AND PAST SRA ISSLTLS 2(M>2 Reliance Energy “No Surprise BilP* Investigation . The SRA is currently participating in a review of bidding procedures and information provided by Reliant Energy Minnegasco to 23,(K)0 customers who participated in a “No Surprise Bill” program the winter of 2()01-2(H)2. As of the date of this Memorandum there are questions about whether the lowest bid was used and whether adequate information was provided to customers who participated. Reliant purchased the gas for the program from an affiliate. J.MS-:i3500vI SL'160-3 *• 2(M>2 FCC Telecom lines Undergrounding Proceeding. The SRA is monitoring a proceeding in the FCC in which telecommunications providers arc seeking federal authority to prohibit local governments from requiring undergrounding of lines to new telecom entrants (competitive providers), unless the incumbent providers (e.g. Qwest) are treated the same. This all or none approach could have a significant impact on right-of-way management and would weaken current rights under Minnesota law. 2002 Qwest Secret Agreements with Telecom Competitors. The SRA is participating in a prtxeeding before the Minnesota Public Utilities Commission (PUC) in which agreements between Qwest and some of its competitors are being investigated. Such agreements may have negatively affected local senicc competition in SRA cities and elsewhere. 2002 Cell Tower Siting l^pdates. The SRA has provided its members with comprehensive and up-to-date summaries of trends in the numerous cell tower .siting cases being decided around the country and in Minnesota. This guidance assists cities in avoiding lawsuits or improving their chances of success when sued. 2001 The Integration of the Comprehensive Right-of-Wav Management Ordinance with Gas and Electric Franchises. The SRA has prepared a document that can simplify the franchise- right-of-way ordinance by integrating the language of the comprehensive right-of-way management ordinance into the gas or electric franchise. 201'1 Uniform Metricom Access Agreement - Bankruptcy Updates. The SRA prepared a model right-of-way agreement used by numerous cities in entering into agreements with Metricom, a recently-bankrupted wireless, mobile internet provider. When the bankruptcy was filed in 2{X)1. ihe SRA was able to advi.se SRA cities of their rights relative to Metricom equipment and Metricom leases. 2(NHi Gas and Electric Deregulation. The SRA is participating in a legislative prevess, now stalled, establi.shing policies relating to the deregulation of gas and elecuic set % ices in Minnesota. This includes issues such as municipal aggregating and franchi.se fees in a deregulated environment. 2(HM) Gas and Electric Franchises. The SRA prepared a model franchi.se for gas and electric sers ice in the post-1997 ROW management environment 2(NMI ROW Use Agreements. The SRA has comprehensively reviewed a proposed ROW access agreement by a wireless internet access provider. This and other unique telecommunication provider i.ssues will be subject to review by the SRA as telecommunications and data u-ansfer technology continues to develop. 1999 Electric Facilities Undergrounding. The SRA has negotiated directly with NSP in a tariff prcKeeding esiabli.shing a prexess for financing facility-undergrounding costs, not with municipal funds, but through ratepayer surcharges. This is an ongoing proceeding and will affect municipal development costs. j.vis-:i?5oovi suieo-3 1999 Model Right-of-Wav Ordinance. The SRA assisted the League of Cities in preparing a model right-of-way ordinance for cities* nianagcmeni of the ROW following the 1997 legislation and 1998-99 PUC rulemaking proceeding. Several SRA cities have further refined the model ordinance and now implement a comprehensive management ordinance. 1999 Electric CIP Lost Margin Recovery Penial. The SRA supported the efforts of an expert who successfully argued that elecuic utilities should be denied millions of dollars in unproven “lost margin” recovery in a conservation improvement program (CIP) authorized by the legislature in the 1990s. In addition, the efforts of the SRA-supported expert have resulted in the phasing out of CIP recoveries in the future, .saving ratepayers millions of dollars for years to come. 1998 l?S West AFOR. The SRA successfully negotiated a prohibition on US W'est passing through ROW' costs as line items on customer bills in the city requiring the cost. 1998 Twin Cities Area Code Splits .\long Municipal Boundaries. The SRA was the original advocate of municipal boundaries for area codes splits in the Metro area. The SRA. with technical support from the Department of Commerce, persuaded the PUC to be the only commission in the nation to establish area code boundaries along municipal lines in a meu-opolitan area. The 612 area code split issue was revisited .several times at the request of telephone companies that oppo.sed the decision and each time the PUC reaffinned its decision. This prcser\es municipal identity in the Twin Cities area in telephone area codes. 1997 Right-of-Wav Legislation and Rules. The SRA played an important role in a.ssisiing the League of Minne.sota Cities in the comprehensive 1997 legislation governing telecommunication providers* u.se of municipal right-of-way. The SRA also actively participated in a legislative ta.sk force e.stablishing rules on ROW u.se and in the preparation of the model right-of-way ordinance that ari.ses out of this legi.slation. 1996 Miniicgasco Rate Ca.se. Tlie SRA and the Department Public Service successfully argued against a $1 million annual acquisition adjustment (23 years ol recovers' reque.sted) Minnegasco sought to recover from ratepayers for its acquisition of Midwest Gas. The SRA al.so objected to a propo.sed increase in the re.sidential basic .sers ice charge. The PUC adopted the SR.A position. 1996 Model Wireless Communication Lease .\greenicnt. The SRA provided primary drafting contributions to a League of Minne.sota Cities Model Site Lea.se Agreement for PCS/cellular and other data communication antennas. This Model hits been distributed to Minnesota cities for ase in negotiation on site lease agreemenus and is u.sed throughout the state. 1995 Model Telecommunications Permit Ordinance. The SRA prepared and shared its Model Telecommunications Permit Ordinance with the League of Minne.sota Cities. In collaboration, the SRA and the League distributed the ordinance to all Minnesota cities. The purpose of the ordinance was to provide orderly police power regulations over telecommunications companies in the city. This ordinance changed in light of the 1996 Telecommunications Act and 1997 Minnesota ROW legi.sIaiion. J.\IS-:i3.S0(nl svieo-3 3 1995 Updated Model Gas and Electric Utility Franchises . The SRA and the League drafted model utility franchise ordinances. The increasing deregulation in both the elecuic and gas utility industries necessitated revisions to the previous model franchise ordinances approved by the SRA. 1993 Minnegasco and NSP Rate Cases-FAS lt>6. The SRA played a substantial role in one of the major issues to be raised before the PUC in several years-FAS 106. A post retirement medical health care benefits “transition obligation" was sought by Minnegasco and NSP as a result of the accounting standard known as FAS 106. which required a change from cash basis to accrual accounting for such benefits. This change involved millions of dollars (Minnegasco S24 million; NSP $160 million) to be borne either by the utility .shareholders or utility ratepayers. The PUC originally voted in May 1993 to disallow one-half of Minnegasco’s transition obligation, but ultimately reversed its decision and allowed tho.se e.\pen.ses. The.se expen.ses will be spread out over a twenty-year period in rates. 1992 Municipal Pumping Rate Savings. Together with the City of St. Paul and the Municipal Pumpers A.s.siK'iation. SRA efforts maintained pumping class rates at 2-3‘.^ below general service class and continued the municipal pumping exemption from the eleven-month demand ratchet rate impo.sed on commercial-industrial iLscrs. The SRA*s expert consultant estimated that avoiding the eleven-month demand ratchet charge alone saves 7.5-10‘.^ in annual municipal pumping charges paid to NSP. 1991 Tier System Abolished. The PUC fully accepted SRA arguments that tlie Tier Sy.stem was not based on cost or good policy and ordered it abolished in favor of equal rates through the local calling area 'fhis has resulted in millions of dollars in annual savings for .suburban residential and business customers of US We.st. 1991 NSP General Rate Case . The SRA actively intervened in this NSP filing, wherein the PUC rejected NSP's $12(MKX).000 rate increase request. The SRA focused on the municipal pumpers’ rate and .street lighting. The SRA. traditionally the only intervenor .seeking reduced increases in the municipal pumping rate, was succe.ssful in that effort. 1990 1 'S \\ est Incentive Regulation Plan . The SRA actively intervened in a case involving US We.st’s request to be partially deregulated in its local .service to residential and business customers. The final order established stable rates for Twin City local telephone customers of US West 'Jirough August of 1994. US West .shared .50'.^ of its revenues above a 13.59J return on equity. 1987 Norllmestcrn Bell Extended Area Service Pocket The SRA made significant progress in demonstrating cost inequities in the Twin City Metropolitan Area Northwestern Bell service area. SRA participation in this ca.se further laid the groundwork for the 1991 order abandoning the Tier System. 1986 Uniform Franchises . The gas and electric unifomi franchi.ses were negotiated by the SRA with NSP and Minnega.sco in the 19S()s. Many SRA-negotiated franchises arc still in place. J.MS-:135(jOv1 sc 160-3 i 1JI86 RcdcHbenition on Northwestern Bell Cases. The SRA maintained and further reduced the Tier ratios by obtaining a cap on outer tier rates. These changes continued and augmented the savings in telephone rales for SRA business and residential users prior to the elimination of this rate design in 1992. 1985 NSP General Rate Case . The SRA pioneered an issue regarding fossil fuel inventory. The SRA also helped maintain the municipal pumping rate, and defended prior SRA accomplishments as to accounting practices. Substantial savings were realized through SRA intervention. This case was appealed to the Court of Appeals and the State Supreme Court and the SRA (alone) participated with MPUC in successfully defending MPL'Cs action. 1985 Rate Structure Task Force. The SRA was active in the formulation of funding proposals for the Combined Sewer Overflow projects in the Cities of Minneapolis, St. Paul and South St. Paul. SRA involvement may have limited the pa.ss-through of these costs to member communities. 1984 Northwestern Bell Tier Rates . The SRA gained a significant victory reducing the Tier ratios by 50% and shifting millions of dollars in rates away from the suburban ratepayer. 1982 Northwestern Bell Tier Rates . The SRA expanded its scope to telephone rates and began its attack on the Bell Tier System. The Tier System established concentric rale zones from local Twin City area calls, which increased as the customer location moved away from the geographic center of the metropolitan area. 1977 NSP Rate Case. The 1975 ralemaking principles established by the SRA were defended successfully in NSP’s second rate increase request. 1975 NSP Rate Case. SRA’s retained expert argued for several utility expense reductions resulting in annual savings of $18 to $20 per household. This was the first elccuic rate case before the newly formed Public Utilities Commis.sion. The SRA expert did much to assist the state agencies in developing the ralemaking principles that have been used since. JMS-213500\1 sueo-* 5 , 1 L THE LEGACY » ' rj Givinic'To The Lake Minnetonka Area April 22. 2002 'Vn•O/ Honorable Mayor & Members of the City Council City of Orono Box 66 Cr>'stal Bay. MN 55323 tv. V. • Attn; Lynn Dear Mayor & Council Members; Thank you for the opportunity to present information about The Legacy Foundation. Two of our board members are on your council agenda on June 24, 2002 at 7;00 p.m. The purpose for the biief presentation is to acquaint you with the vision and mission of the foundation, and to answer your questions The Legacy Foundation was founded in 2001. Its mission is to adopt significant lake area projects that enhance the livability of our lake community The Legacy Foundaiion will provide leadership, vision and ability to assemble the diverse resources ava* able In addition. The Legacy Fo>’ .Jation will work to coordinate the necessary inter- jurisdictional approvals and support that is necessary for the successful completion of the projects. Our board looks forward to the opportunity to meet with your Council Enclosed is an informational piece regarding The Legacy Foundation Please contact me if you have questions prior to the meeting Pat Arnst Administrative Assistant 19765 HIGHV\'AY SEVEN SHOREVVOOD, MN 55331 TEL: (952) 401-1200 FAX: (952) 474-0751 EMAIL: infoQlhelegacyfoundation.net WEB SITE: thclegacyfoundation net r THE LEGACY Givifin Tlitf Lttkr Minnetunkii Arvu. Tlx hiacy Foiiidation BACKGROUND The history of the Lake Minnetonka -irea is one of small communities tltat grew and were engulfed by the Twin Cities metropolitan area. There are multiple |X)litical boundaries, many of which are overlapping and very specific in nature. The result is tliat there is no natural constituency for the area's assets in total. We believe the time has come for an organization to look at the big picture, promote bold ideas and help guide them to completion. The Legacy Foundation was formed as a means to help accomplish this objective. VISION By 2010 create a genuine Lake Minnetonka community where l(K.al jurisdictions and residents routinely work together to develop, re-develop and improve the Lake area's assets. MISSION Adopt significant lake area projects that enliance its livability by providing the leadership, vision and ability to marshal the diverse resources available. In addition, coordinate the necessary inter-jurisdictional approvals and support that are necessary for successful completion of each endeavor. A LEGACY FOUNDATION ENDEAVOR We have created a cliallenge for the Foundation. One that is for the benefit of every person in every community that makes up the immediate Lake Minnetonka Area. That challenge, is to make sure that every endeavor we create, is consistent with the heritage of this wonderful area, will further the preservation of the assets the arra has to offer, will, in some way, benefit every resident and visitor the area embraces and in every way be aesthetically pleasing, environmentally correct, an unequivocal improvement to the area and be done within a carefully managed budget. THE EGACY Oivififi *n» Th« Lake Mlfifiaconka Area THE LEGACY 04vlna TImi Lake Mlflineamlui Ai Contact The Legacy Foundation: TEL: (952) 40I-)2M) FAX: (952) 474-0751 WEB SITE: www.tMi^gocyibunrlafion.net 19765 HIGHWAY SEVEN, SHOREWCK>0. MINNESOTA 55331 Communities Working Together to Preserve and Improve The Assets of The Lake Minnetonka Area