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Home My WebLink About03-24-1997 Council Packetlt\ iii <- Public A ttendance )d Meeting Date ^ ~o?t 9V □□□ C ouncil Planning C ommission Park C ommission Other PLEASE FILL OUT THE INFORMATION ■EQUESTED BELOW FWR OUR CTTV RECORDS. NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER x-lUlilk — 2. 3.__________ L/V>j V-<X./Uji,u *• J ^ c 4. 5.. 6. 7. 8.. 9. A i . V L‘J f: ♦ 10. 1' 11.. 12. S-; t ' 13. 14. 15. 091195.4 ..UlBJNU.IW.Wrr AP.MajrruirrrJ»Pg L REQUEST FOR COUNCIL ACTION ITEM NO.: / Q DATE: March WQjgp?7 'A/0 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: ' Request by the Lake Minnetonka Communications Commission to Expand its Function Attachment; 1.Letter Ann C. Thies, Chair, Lake Minnetonka Communications Commission and Attached Resolution Regarding an Amendment to the Joint Powers Agreement Jim Daniels the Cable Administrator for the Lake Minnetonka Communications Commission has requested an opportunity to present information to the Council regarding an expansion of the function of the Lake Minnetonka Communications Commission (LMCC) to include placing the LMCC into an advisory capacity to the cities to provide information and make recommendations to the city councils regarding the full range of communications services. The current function of the Commission is to administer the cable communications franchise for the cities. The LMCC has been following the Federal Telecommunications Act of 1996 due to its impact on cable services. In so doing, the Commission has developed a familiarity with the impacts of the Federal Telecommunications Act on other types of communications services and has been able to provide information to cities about aspects of the act that relate to other communications services. Based on these recent activities, the Cable Commission is requesting the cities to consider placing the Commission into an advisory position to inform the cities and make relevant recommendations for City Councils to consider when potential communications services become available. In order to do this the LMCC is requesting that the cities adopt a resolution amending the joint powers agreement related to the LMCC to include tlie function of advising and providing recommendations to the member cities regarding communications matters which may affect the member cities. Issues to address in considering this change are as follows: 1.How does the function of administering a cable communications franchise relate the function of advising cities regarding other communications issues. Are these substantially overlapping and compatible functions that can be accomplished more efficiently if they are both the responsibility of one commission. 2.Will the current LMCC staff be able to handle the additional functions or will additional staff and/or consultant time be required. . \ t I sr A V. • Request for Council Action Page 2 of 2 March 18,1997 Request by the Lake Minnetonka Communications Commission to Expand its Function Continued 3.What are the issues related to new communications services that would require review and recommendations by a commission? 4.Are the issues related to the communications services best addressed through a commission or are they best addressed through a staff person or consultant?I 5.Can the issues be most efficiently and effectively addressed through cooperative efforts among the lake area cities, or are they best addressed by each individual city? COUNCIL ACTION REQUESTED: Motion to provide direction to staff in responding to the LMCC proposal. IMCCLAKE MINNETONKA COMMUNICATIONS COMMISSION DEEPHAVEN CXCELSIOR GREENWOOD LONG LAKE MEC;TIA MINNETONKA BEACH MINNETRISTA ORONO i- ST. BONIFACIUS SHOREWOOD SPRING PARK TONKA BAY VICTORIA WOODLAND k 540 SECOND STREET « RO. BOX 473 ■ EXCELSIOR. MN 55331-0473 612. 474-5539 • FAX 612. 474-0430 March 11,1997 RECEIVED Mayor Gabriel Jabbour City Council Members City of Orono P.O. Box 66 Crystal Bay, MN 55323 MAD 1 1 mi v/i t I w. wl Dear Mayor Jabbour and Council Members: Over the last year or more, your Lake Minnetonka Communications Commission (LMCC) has been providing all fourteen cities in the Joint Powers Agreement with pertinent and current information regarding results of the Telecommunications Act of 1996 that has a direct effect on the cities. As an example, you were sent a very detailed letter that forewarned of the new Personal Communication System (PCS) technology that would be approaching our cities to utilize towers and structures for transmission/distribution of their service. We had the LMCC attorney write a "draft ” agreement for you to consider and also provided you with a sample of what we thought was a fair and reasonable compensation rate for the cities to collect from providers of PCS semces. A few months later, as several cities were approached to provide space on existing water towers, we were advised that the process took added hours of actual city council time that probably was not necessary, in light of the information we had previously sent to you. Since your LMCC is basically aware of these new services and how they relate to telecommunications, it seems only natural that you place us in an advisory position to inform you and make relevant recommendations for the city council to consider when potential communication services become available. In order to provide this advisory assistance to you, our legal counsel directed us to pass an LMCC resolution (see enclosed), explaining the need for an amendment to the Joint Powers Agreement, officially dropping the word "cable" from our title and authorizing the LMCC to review and make recommendations to our cities, regarding a broad range of communication issues. A sample written "draft" of the amendment. In the form of a city resolution (see enclosed), will make the changes necessary to the Joint Powers Agreement that officially directs us to help you, in an advisory capacity only, as matters concerning communications arise. 1 atisk i We have directed Jim Daniels, our Administrator, and the Commissioners that are not current City Council Members, to appear before you to answer any questions you may have regarding the obvious advantages to the cities that will result by this action. As technology advances, communications will continue to display a remarkable improvement in services. Your LMCC is pleased to be able to keep you informed and make on-going recommendations for you to consider when appropriate. We look forward to working even closer with our fourteen city councils. Sincerely, Lake Minnetonka Communications Commission Ann C. Thies Chair Enclosure cc Tim Pattrin, LMCC Commissioner Ron Moorse, City Administrator •—' ■»»--- —-— I .••H RESOLLmON Regarding Amendment to the Joint and Cooperative .Agreement WHERE.AS, the Lake Minnetonka Communications Ccmzussion ("Comiaission”), is organized pursuant to a Join: Powers Agreement ("Agreement") by and between die Ciries of Deepfaaven, Excelsior, Greenwood, Long Lake, Medina, Minnetonka Beach, Minnestrista, Orcno, St. Bcnifacius. Shcrewocd. Spring Park. Tonka Bay, Victoria, and Woodland ("Member Cities"), pursuant to Minn. Stat. § 23S.08 and 471.59; and WnEREAS, die Cccmissicii was initially authorized parrcant :o the Agreement ic grant, and has granted, a cable razchise to operate, ccnstmc:. and main*nin a cable tele’dsion system wi;hir_ the Member Cities and administer and enforce such franchise on behalf of the Member Cides: and WHEREAS, the Commission has reviewed ±e current scope of ia authority pursuant to ±e .Agreement in light of technological, regulator;.-, and market changes in die communicatiens industries; and WHEREAS, the Ccemission has dexrmined that die interest of its Member Cities would be bes: ser.ed by modifying die scope of its authority pursuant to ±e .Agreement by specifically auihcrizing the Commission :o advise and make recommendarlcns to its Me.mber Cities regarding a bread range of communications issues; NOW, THEREFORE, the Lake Minnetonka Communicatiens Commission hereby resolves and recommends that die Member Clues adopt aineadmenis to die Agreement, of a form attached as Eithibit A hereto. ADOPTED THIS /£_ DAY OFuf>.. 1997 Lake \Cnnetonka Communicadons Commission C:-.CABLrj_MCCJlES.OlB 1 1 I .* • EXHIBIT A Citydf Resolution/Motion No. AMENDME.NT TO THE JOINT AND COOPERATIMl AGREEMENT LAKE MINNETONKA COMMUNICATIONS COMMISSION WHERE.\S. the City of is a member of the Lake Minnetonka Communications Commission and has duly adopted the Joint and Cooperative Agreement creating the Lake Minnetonka Communications Commission, and WHERE.AS, the Ciry wishes to modif>- said Agreement as relating to the Commission’s advisory authority. NOW, THEREFORE be it resolved by the 1. That Anicle I. shall be amended as follows: I. City Council as follows: The general purpose of this agreement is to establish an organization to smdy, prepare, adopt, grant, administer and enforce a single non*exclusive cable communications f^chise and establish rates thereunder, in member cirles in the Lake Minnetonka Suburban communities of Hennepin County, Minng*?ota. and to advice .ind provide recomir.endations to the member cities rgyarding communicarinns matters which ^av affect the member cities. In order to carry OUt the purpose of this Agreement, the parties shall appoint a commission which shall be representative of all members. 2. That Article II. shall be amended as follows: n. name The organization created by this agreement shall be kno\tn as the "Lake Minnetonka Cabl e Communications Commission" (hereinafter "Commission"). 1 That Article Vm., Section 6., by deleting said Section and replacing it with the following: Section 6. Advisory Authority: Tnve<tigattQn and Recommendations. Tt mav invAsfi^flf^ giigh mfltrgfg nr cnnoemc re^ardiny onmniiinicarinnc anri/nr fhg reflation nf cnTPmuTiications gervicgs or the use of riyh«-of-wav within the yperrher cities to provide such servicas which affect fhg mgmher cifigs and provide advice and rgcnmTffendations relating thergro. The e?qpense of makt np such invesTiyariorw and prnvidiny anv such advice and reenmmendarions shall he home hv the rommission. nr the relevant gommunigations provider to the errent provided bv law. 4.That Article Vin., Section 9. shall be amended as follows: Section 9. Advisor/ Bodies. It may appoint advisory* bodies to make recommendations to it on eaWe communications matters. PASSED by ±e City Council this__day of . 1997. Mayor City Administrator ATTEST: Introduced Adopted Published Effective C:<.CABLE'LMCO;aCACRE.AMO ' . ,rr,- t J REQUEST FOR COUNCIL ACTION DATE: March 18, ^Oyvo ITEM NO. Department Approval: Name RonMoorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report _________ Item Description: Park Commission Candidate Interviews The City currently has two vacant positions on the Park Commission. The Council interviewed 8 applicants at its March 10 meeting. Four additional candidates have been scheduled for interviews at the March 24 meeting beginning at 7:15 p.m. The applications are attached along with a set of interview questions and rating forms. VI FROM : G PHOME NO. : G12 471 0G72 Dee. 02 199G 11 :21PM PI APPLICATION FOR CITIZEN ADVISORY COIVIIVIISSION Parks Commission James C. Berg 2655 Lydiard Avenue Excelsior, MN 55331 PosUr Fax Note 7671 <> ;) O Coyo^pt.Co. Phon.- ^</7/-7Y4 2. Fa*»fa** 471-7462, residence and 334-0064, business Resident of Orono 17 years Work Experience: investment/insurance advisor, sales manager, marketing executive and sales trainer over the past 20 years. Education: Graduate of North High School, Minneapolis and University of Nebraska (B.S. in Business Administration): attended Master's Program at St. Thomas (1 year); attained Chartered Life Underwriter Designation (CLU) through course work at the University of Minnesota. Graduated with honors from both high school and college; invited to join Beta Gamma Sigma, business honorary. Earned 100% of college expenses through part-time jobs. Civic and Volunteer Activities (past and present): Active member in my church; active in fund raising, welcome ministries, and annual raffle (6 years). Currently, Board member of the following: Ridgedale Alternative Program (RAP), and Sales and Marketing Executives (SME). Member of Forty-Niners Business Development Group. Past Board Member of Network Professionals and Toastmasters International. Volunteer and speaker for various Job Transition Groups and churches. Please state your reasons for wanting to serve on this Commission. My parents grew up in the Wayzata area and gave me an appreciation of the beauty of our area, and a respect for our unique natural resources. In addition, I would like to be more Involved In my community; and friends have suggested serving on the Parks Commission. FROM : G PHONE NO. : &12 471 QG72 Dma. 02 1996 11:22AM P2 * i ■ i 4 J What Is your view of the role of the Commission? The Parks Commission is an advisory commission w/hich researches issues and makes recommendations to the Orono City Council. Other Comments: I look forward to serving the residents of Orono. I understand this appointment may be discussed at a public meeting. I - --------------------------------------------------------- 1—...I...,.,.- PARK COMMISSION APPLICANT INTERVIEW QUESTIONS Applicant's Name: Criteria Excellent Good Fair Poor Interest in serving on the Park Commission Knowledge, skills, abilities, and experience Familiarity with the following Items: a. The Park Plan section of the City's Community Management Plan b. The City's Park Dedication Ordinance c. The City's bike/hike trail plan d. The City's current park facilities Support of current Programs/Policies and Philosophy of City Perspective on Council/Park Commission responsibilities and relationship Perspective on key issues facing the Park Commission 030597.6 APPLICATION FOR CITIZEN ADVISORY COMMISSION ^ ifc! GITYof ORONO Municipal Ofliccs 'V V'5<fKC>,'^o;S Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 Commission Applying For: Quarks Commission □ Planning Commission □ Community Task Force (Name)__________________________ Name Address Post Office & Zip Code Telephone (H) ^7J T^ f m Y7 r rr£<^ Resident of Orono years Work Experience: _ ^ uty/r^ C.c^/^ Education: Civic and Volunteer Activities (past and present): ^ cS/f Y' c /A A/iAyz^ C,^i/A/cy/ ZA^gf/t^/Cz Telephone (612) 473-7357 • FAX 473-0510 Please state your reasons for wanting to serve on this Commission. {Please be as specific as possible. Use additional shee: 'f necessary.) ' ■■■' ............■■ I I I 1 ™.... I III ■■_«... ^ \ What Is your view of the role of the Commission? j- r^f yyy{{- y Tn ?~(yyyy Other Comments: {Use this space to include any further information you would like the City Council to consider, or that you fee! is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) C^y'/f/ya^ Q P1^A>f/e(/ _____________________________________________________________________________________________^_____ I understand this appointment may be discussed at a public meeting. ^ yy -7F Date **NOTE: ^ Z Signature Volunteer commission member's name, address and phone number will become public information. 040896.2 PARK COMMISSION APPLICANT INTERVIEW QUESTIONS Applicant ’s Name: Criteria Excellent Good Fair Poor Interest in serving on the Park Commission Knowledge, skills, abilities, and experience Familiarity with the following Items: a. The Park Plan section of the City's Community Management Plan b. The City's Park Dedication Ordinance c. The City's bike/hike trail plan d. The City's current park facilities Support of current Programs/Policies and Philosophy of City Perspective on Council/Park Commission responsibilities and relationship Perspective on key issues facing the Park Commission r I 030S976 APPLICATION FOR CITIZEN ADVISORY COMMISSION DEC ^CITYof ORONO Municipal Offices Street Mdress: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Ciystal Bay, MN 55323 0066 Commission Applying For: Parks Commission □ Planning Commission □ Community Task Force (Name)_________________________ Name ^ \c Address ;3.7^o ^S-%, Post Office & Zip Code Telephone (H)(W) C/Z- B T o Resident of Orono I ■/;years Work Experience: cet> A'Vue*trt yu/icfhM’, He^ccrr Hr£rH^ /V1»wHg»Hg>ar ^yj/LUf\A‘ Education: ?>Pt QATCTT/<Wrtf Cou^v ^ft —A iMAmtOh\/^nc tJH iApf^Tbvc lo ^oc^giOJt*ig«Lrri i^/i\/n,c. gj UA-rt^ ^7iA> /S J Civic and Volunteer Activities (past and present): TjT®< /A/JLrgit c ijy g.mc«ttu> c^Vtiuvutef* - /^liosP ScTure OA*CTt*tt^TH c*>LLCka tTvogA^r-t C M •» I - Telephone (612) 475-7357 • FAX 473-0510 -If* I-. . f ■■fTWwiirf .1 J Please state your reasons for wanting to serve on this Commission. {Please be as specific as possible. Use additional sheet if necessary.) PTTfArC __________________________________________________________ 1'^ What is your view of the role of the Commission? Other Comments: {Use this space to include any further inform < *ion you would like the City Council to consider, or that you fee! is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) spp' i 4-tt__________________________________________________________— **NOTE:Volunteer commission member's name, address and phone number will become public information. 040896.2 Please state your reasons for wanting to serve on this Commission. My grandfather was a recognized and well-known conservationist and outdoorsman in Pennsylvania. As such, I grew up with a strong appreciation for the powerful role that natural open spaces can play in a person's physical, emotional and value system development. Having lived in the city of Chicago for years, and then in a typical suburban Chicago "collar" community, our move to Minneapolis in 1995 was spurred by a desire for a better quality of life for me and my family. In Orono, we found a home with incredible open space and natural beauty-something we had always yearned for, yet was not accessible in Chicago. My objectives in being on the commission are fourfold. First, I have a desire to ensure that Orono’s park resources are preserved for the future. My family and I are frequent users of Baker, the Luce Line trail, and Biederman park, and discover new natural resources regularly. I hope to foster the belief that our parks are an asset which help to build a stronger community and advantage all of the residents of Orono. Second, I want to ensure that the tremendous number of new residents to this area have an understanding of our Parks issues, and a commitment to the preservation of Orono's unique natural resources. As one living in an area with 14 new homes and additional construction nearby, I am uniquely able to solicit the participation of these residents and ensure that the Commission's initiatives are communicated and understood. Third, I have a desire to make a tangible, long lasting commitment to my community. The parks commission provides an opportunity to create a legacy which will benefit future residents. I wish to preserve the natural resources which have made life here so wonderful for me and my family in the hope that others may enjoy it as we have. I What is your view of the role of the Commissior ? Webster provides five definitions for the word "park", most of which assume that the land is privately owned and/or utilized for some commercial purpose. However, there is one definition which 1 believe should guide the decisions and actions of the Parks Commission: "an area maintained in it's natural state as public property". (Webster's New College Dictionary). My belief is that the Parks Commission must acknowledge and balance the concepts of demand, preservation, access, vision and accountability in carrying out it’s mission. ♦ Demand: The incredible growth of Orono and the western suburbs has put increasing demand and pressure on existing parks resources. This must be acknowledged, especially as it relates to future parks planning. ♦ Preservation: The need to preserve and protect the unique open space feeling and resources which attracted all of us to Orono in the first place. « /irress; The recognition that Parks resource must provide access to all Orono residents who fund the parks Commission ’s efforts through their tax dollars. ♦ Vision: A vision for the future of Orono and a mandate to anticipate, rather than react to, future parks needs and opportunities. ♦ Accountability; A recognition that the commission must be fiscally accountable for it’s actions. \ Other Comments As I pondered this application, 1 found inspiration in the words of Aldo Leopold: "In short, a land ethic changes the role of Homo Sapiens from conqueror of the land-community to plain member and citizen of it. It implies respect far his fellow members, and also respect for the community as such." (Aldo Leopold, A Sand Countv Almanac) 1 hope to have the opportunity to bring my talents to bear on the Parks Commission, whose decisions will have a long lasting impact on the city and it's residents Thank you for your consideration. * h 4 * ^ f ii • 'Tm if*______ PARK COMMISSION APPLICANT INTERVIEW QUESTIONS Applicant's Name: Criteria Excellent Good Fair Poor Interest in serving on the Park Commission Knowledge, skills, abilities, and experience Familiarity with the following Items: a. The Park Plan section of the City's Community Management Plan b. The City's Park Dedication Ordinance c. The City's bike/hike trail plan d. The City's current park facilities Support of current Programs/Policies and Philosophy of Cit)' Perspective on Council/Park Commission responsibilities and relationship Perspective on key issues facing the Park Commission 030S97 6 • From; Mtp Ptndlflofl VolCt! 472^86 To: Orono City Council City of Orono Page 1 of 1 Feb 18.1887 3 40 88 p f> * h i >'ni-17, 1997 (“itN' i'.ouncil City Orono 2700 K-tMey Parkway Ciystal Bay, MN 55323 Dear Council Members: I would like to apply for the open position on the Orono park commission. 1 have an application on tile from a previous inquiry regarding joining the planning and'or park commissions. I have been an Orono resident for over three years, and my wife Meg and I plan to raise our young family here Vv'e have a great interest in parks and open spaces as we enjoy bic> cling, horseb.ick riding, jogging, and boating on Lal:e Minnetonl;a. Like many Orono residents, we left city living to enjoy the semi-rural/outdoor oriented flavor of this community, and it has more than met our expectations I would like to contribute some of my time and energy toward preserN'ation and further enhancement of the citys parks, recreation facilities, and open spaces. While I have not held any previous city positions, my work as a pilot (.Airbus A-320 Captain) and Program Manager for cockpit communications computer systems at Northwest Airlines entails considerable long term planning and methodical analysis I believe these skills coupled with my frequent use of the citys outdoor facilities and appreciation for our n.itural surroundings mal:e me well suited for this position I would welcome the opportunity for an interv lew. or I may be contacted by telephone at -472-56.S5. Thanl: you for your consideration. Sincerely, Jon M. Pendleton \ - • r»‘ i « dl ■ % '■^■s^y'^^iW o’/ MunldpalOSces Po«0{BctBox66 Cr7JS3l_Bar» NOiui«soa ££323-0066 , telephone -473-7357 • EOC-4734W10 ;,PPI.IC;.TI0S .OR CITI..H ROVISORI CO««lM41cS# W^S commission Applyina For! Parks Cornnission ^ Planning Concnission community Task Force (Nane) Name ^ Address Mh post Office & Zip Te? ephone (^) t>S~(W) Resident of Orono % ^/l years Work Experience: /Tfu Education ^ • _____ —---------------------------- Civic and volunteer Activities 50-y jfprevws*^- , jf u — ^•P Sc^^^cA. I fn*“^ tpAi , />rM0W. -V jm, 4' • % • wantinq to serve on this Commission ’ple-ase state your 35 possible.’ Ose additional sheet if (Please be as speci ----\ U ZLl^* V *■". "T'ZTix. h .....^ ffnS-.uf uo4jf9ri^-----UJZ^------------------- . ^^MAi«^rt*UA<L*-----£i-----CiSAjt------------------ I u^i M.XI/C •... „f the role of the conmissioo?«,et is your vre« of the -^--------------------- ,y. r- ■«■ . -------------------------- ' . • A r . - r-srl., wt.« I I / -e.4- .V-t» <^.4 TU.^rOi C..MIVI'** ^^onts* (0»e this space consider# or. thatother Comments. ,' , *v« v>i#» citv Council to consiae*.# tnav J”fSSrrs - also attach other materi Y consider ») /WVLM«AI.V! (OC*S^ U.^.,.r r ......... -rTivl'^w >"'■ <.»'<''A'-‘=*'' . ' ■ • ■. ___________ ^ ^5^ ra - '". ^ aiscusied at a ■ I understand this appointment ay meeting- public .• . •^T"---------Signature R): r- ^ e I •t «,« +h« ^.rr.v«- Ci,.:r,^eJr .V ^ c.rl .«r , „✓ /..t „.rA,^ ^,Vjj /• r«»^u. .-Kfr- ^ JVC/^ yjj* -etovtr- of K/{/f tih^ / pj^MuA" u/ 1^ -h(« t/iy i rcAw/t^’ fcf ^4CfiW^ • f ■f: l^Krair r. i i . . ^J PARK COMMISSION APPLICANT INTERVIEW QUESTIONS Applicant's Name: Criteria Excellent Good Fair Poor Interest in serving on the Park Commission Knowledge, skills, abilities, and experience Familiarity with the following Items: a. The Park Plan section of the City’s Community Management Plan b. The City's Park Dedication Ordinance c. The City’s bike/hike trail plan d. The City’s current park facilities Support of current Programs/Policies and Philosophy of City Perspective on Council/Park Commission responsibilities and relationship Perspective on key issues facing the Park Commission \ : 0305976 Cot/zv, ORONO CITY COUNCIL MEETING MINUTES FOR MARCH 10, 1997 ROLL ^ 199T£0^ °f>ono The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Assistant Planning and Zoning Administrator Nfichacl Gaffron, Planncr/Zoning Administrator Elizabeth Van Zomcren, Public Services Director Greg Gappa, City Engineer Glenn Cook, and Recorder Sheriy Frost. Mayor Jabbour called the meeting to order at 6:33 p.m. (#1) INTERVIEW OF PARK COMMISSION CANDIDATES Candidates were interviewed for the two vacant positions on the Park Commission. Candidates were informed that the interviews will continue to the March 24 Council meeting with selections made in April. The candidates were informed that there were many qualihed candidates and asked for their continued civic involvement if not chosen at this time. Candidate^ Van Erickson, e.xpressed the need to view the big picture. He envisions a mi.x of recreational facilities and open space to fill the need of the many young families coming into Orono. Erickson feels the community needs to be researched to determine the needs. He believes the needs of the community are not indicative of the parks at the present time. Erickson is on a community education task force reviewing recreational facilities and the needs of the City and surrounding communities. He feels there is the need for more facilities but not necessarily in Orono itself. He feels he can assist in developing relationships to meet the community needs. Erickson said fund rai.sing was a way to raise finances. He would like to see improvements made at the current parks rather than adding new parks. Erickson said he was able to see beyond the single issue of athletic needs. 1 le would like to see improvements made at Hackberry voicing safety concerns regarding the player benches. He cited Bedei^vood as a beautifol example of a park. He would like to see a mix of uses at that park. CandidatCy Shelly Liljequist, is a 4-year resident and considers herself having environmental concerns. She has not read the Comprehensive Plan or reviewed Park Commission meetings but said she has followed the activities of the Council. Liljequist said she would like to see upgrading of the ball fields at Bederwood and improvement in equipment. She believes compromise is necessary to serve the groups with conflicting needs. Liljequist said park financing could be obtained throuuh operating funds and by charging fees. * MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (Park Commission Candidate Interviews - Continued) Candidate, Irene Silber, is involved in environmental groups through her work for the Wilder Foundation and association with the Saga Hill Preserv'ation Society and Minnesota Land Trust. While gaining interest in the Park Commission through her activities with Saga Hill, Silber said the needs of all the residents need to be considered. She felt other communities could be a source of information. She would like to see Bederwood Park put to greater use. She believes in synergy through public and private relationships. Silber said the good of all needs to be considered when making determinations between the conflicting need for open space and recreational facilities. Candidate, Patricia AfTcldt, reported being active in her church and school activities. When asked how she would deal with the conflicts regarding facilities to meet the needs of four school districts. Affeldt said she would determine what people want, see what reality would allow, and find a middle ground solution. Affeldt has read and is familiar with the Comprehensive Plan and Park Survey. She feels Baker Park is a community park for Orono. She believes the City should use the facilities available and keep them updated and acquire land if need be. Affeldt said the majority rule should determine use. While not for higher ta.\es, she feels a referendum might be required to finance the park needs. Affeldt said the issues should be brainstormed. Candidate, Richard Meyers, related the many various environmental groups he has been involved with and the results. He has experience with comprehensive planning. Meyers said if people believe in a plan, the money can be found to see it to completion. Meyers would like to see impiovemenls made at Navarre Park. He would like to see recreational facilities within walking distance of homes. He would like to see a balance struck between the naturalistic system in place in Orono and the recreational needs. He cited involving citizens as a source of funding and dedication of parks and equipment as incentives. Candidate, John Thimniesh, has a history of working in youth hockey and is currently retired. He is working with his neighborhood towards the goal of improving Antoine Park. He would like to see new equipment installed. Thimmesh said the citizens can be involved in fund raising through contributing their manpower in installing equipment. He sees an ice rink as a positive factor for the park. Candidate, Andrew Roningen, said he has found through his work in marketing that people can do alot more with alot le's than is believed. He is on the Casco Point Association. The people enjoy the natural state of the area but would enjoy exercise facilities. He agrees with the Comprehensive Plan. He believes access to parks is important but not necessarily by adding parking lots. He said people can be made aware of parks through use of newsletters and brochures. Roningen said the people on Casco Point are not aware of the Casco Point Beach. He is satisfied with the ice rink. He likes the parks used by neighboring residents. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (Park Commission Candidate Interviews - Continued) Candidate, Peter Welles, participated in initiating the use of the golf course for winter activities. He said he prefers open space and trails. He has been involved with open space through development projects. He would like to see improvements made at the old Council chamber site to better serve those residents. He believes the public and private sectors can be tapped for funding and with Park Dedication through development. He is not familiar with the Comprehensive Plan or survey. He believes the Council should set the tone for the Park Commission, who carries out the interests of the Council and implements the strategy. Welles believes zoning alternatives should be considered such as clustered housing with use of dedicated open space. (The meeting was recessed from 8:10 to 8:18 p.m.) i*H2) CONSENT AGENDA Items #9 and 15 were added to the Consent Agenda. Coetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote; Ayes 4, Nays 0. (Flint was not present in the Council Chambers at the time of this agenda item.) APPROVAL OF MINUTES (*#3) SPECIAL MEETING OF FEBRUARY 20, 1997 Goetten moved, Peterson seconded, to approve the Minutes of the Special City Council Meeting of February 20, 1997. Vote: Ayes 4, Nays 0. (*#4) REGULAR MEETING OF FEBRUARY 24,1997 Goetten moved, Peterson seconded, to approve the Minutes of the Regular City Council Meeting of February 24, 1997. Vote: Ayes 4, Nays 0. J MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 PARK COMMISSION COMMENTS Commissioner McDermott reported that the 1997 Park Commission Agenda was being reviewed and would be a two year agenda. The final draft of the Park Inventory would be available in April. The Commission is in the process of developing a list of identified open space for possible park use. The Park Tour will be in June. The Commission would like to have representation on the Hwy 12 Design Review Committee. McDermott said the bike/hike trail should be completed to the Teen Center this year. The Commission asked Moorse to follow up on the trail agreement with Hennepin Parks. McDermott reported that a needs assessment is being developed. The concept plan for the play ground equipment at Antoine Park has been recommended for approval. The Commission would prefer the buildings on the park land be demolished. They are awaiting grading and site work. Jabbour asked McDermott if the Commission foresees a work session with the Council. McDermott said they did. Jabbour urged the Commission to consider fund raising options. PLANNING COMMISSION COMMENTS Commissioner Hawn had no comments to add to their report at this time. PUBLIC COMMENTS There were no public comments. PUBLIC HEARING - 8:00 P.M. (#5) BAY RIDGE AND HARTWOOD NEIGHBORHOODS - SANITARY SEWER INSTALLATION PROJECT - RESOLUTION NO. 3849 - 8:27-9:00 P.M. The Certificate of Mailing and Affidavit of Publication were noted. Gaffron said the public hearing is the first formal hearing on this project and is required prior to plans and specifications being ordered. Neighborhood informational meetings have been held. Gaffron said there is a general understanding by the residents of the need for the sanitary sewer project. Tom Kellogg of Bonestroo was present to present the feasibility report in regards to layout, impacts, cost, and scheduling. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#5 - Bay Ridge/Hartwood Sewer Project - Continued) Kellogg reported that the 8 properties in the Bay Ridge Neighborhood had requested sewering and the Hartwood area was being included because the trunk facilities will serve both neighborhoods. The design of the sewer includes the use of gravity down to the proposed lift station for connection to the force main. The design as laid out is a result of the topography in the neighborhood. The design addresses to the potential future need for sewer to the Hartwood property. If the lift station was moved to the north, service to the Hartwood properties would require an additional lift station. The estimated project cost totals $240,638. The breakdown includes sanitary sewer laterals at $84,968, and trunk facilities at a cost of $155,670. The laterals would be paid for by the 8 properties in Bay Ridge and the trunk costs split between the two neighborhoods for a total unit cost of $20,351. The cost per service using the alternate design would be $20,035. The total costs is based on the City providing interim financing of approximately $78,000 until the Hartwood area receives sewer service. The schedule for the sewering of the Bay Ridge and Hartwood neighborhoods calls for plans and specifications in May, 1997, bids and assessment hearing in June, contracts awarded in July, with construction completion in October. The meeting was opened to public comments. Bruce Boni, 2050 Shoreline Drive, resides in the Hartwood neighborhood. He said the neighborhood was informed that their area was not considered significant for sewering and would not be considered for such for 8-10 years. He said he was then contacted in January regarding the immediate possibility of sewering. Boni said he has a relatively up- to-date mound system, and it has a projected life expectancy of 30 years. He feels the cost of the project could be reduced by eliminating the sewer lines from entering his property. Boni said the sewer project should not include Hartwood. Jabbour informed Boni that the neighborhood was not identified as high priority for sewering but was included in the "10 hot spots" and w'ould be considered for service last on the list or first if all the residents requested it. Jabbour said it was his understanding that the residents of Lots 1-8 (Bay Ridge) requested sewering and would be willing to pay the assessment. He noted that the Head property in Hartwood had a high water table and the need was shown to e,\tend the sewer to that property. Jabbour said the City was attempting to take a proactive step by providing the sewer. He noted the properties would share in the cost of the force main. Gaffron indicated that 7 additional properties to the south of Mr. Boni likely will someday require an alternate to septic systems, and the issue has become how soon these properties in Hartwood will need the sewer. The septic inspector, Steve Weekman, has determined that 2-3 properties will have problems finding alternate septic sites. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#5 - Bay Ridge/Hartwood Sewer Project - Continued) Goetten inquired how much acreage was contained on these lots. Gaffron said tlie lots were between 1.5 and 2 acres. Boni said he found it difficult to believe that these large properties had no alternate sites. Jabbour informed him that the data shows otherwise. Boni said he did not want a lift station on his property. He believes planning should have occurred before digging up again for the sewering. He noted that the original plan calls for the sewer line to run down along the riulroad tracks which would be less expensive. Kellogg responded that the location for the sewer line was determined because of the topography and problem wi'.h grading. He also said the alternate force main location farther north would not decrease the cost and would only save on the length of the force main. Jabbour said the cost of relocating the lift station in the future also needs to be considered. It was determined that the cost savings by locating the lift station on Lot 7 would be about $7,500. Kellogg informed Jabbour that the cost to relocate the sewer in the future to serve the Hartwood neighborhood would require another lift station at about $120,000-150,000. Boni responded that the need would not occur for another 20- 40 years. Jabbour informed Boni that any damage to his pioperty would be corrected. Goetten inquired if any of the other Hartwood neighbors w ere present. There were none. Jabbour indicated that Mrs Head had sent letters regarding the need for sewer. Kelley noted that since there was no road platted in the Hartwood neighborhood, the lots were actually smaller than shown due to the driveway. Gaffron said the road easement is approximately 40' and the paved width at this time is approximately 20'. Kelley asked Kellogg why the alternate design is not a logical option to serve the Head property. Kellogg said the topography does not allow for a gravity system. Houses 1 -8 would require grinders. He did note that the alternate design was a possibility for the Bay Ridge neighborhood if a lift station was added. Harlan Olson indicated that it would be difficult to obtain an easement from the railroad. Gaffron also noted that in speaking with the residents of the Bay Ridge area, they wanted reasonable connection and reasonable cost. The residents preferred the sewer to run along the lake side of their properties. Goetten asked that the acreage figures for the lots in the Hartwood neighborhood be obtained. She cited an example of sewering larger lots in the Stubbs Bay area that were on the lake. Goetten acknowledged Boni's concerns hut noted the need to address the issue of lacking alternate septic sites. GaftVon indicated the acreage amounts of these properties were in the MUSA amendment report. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#5 - Bay Ridge/Hartwood Sewer Project - Continued) Jabbour reminded the Council the City has included large lots on the last five projects around the lake. He also noted that the projects are done only if the neighborhood is favorable to the assessment. He reminded the Council that the motion was only to allow the plans and specifications to be ordered. Gaffron added that there were 3-4 meetings with the Bay Ridge neighbors as welt as on-site meetings and no disagreement was voiced to the project. Boni suggested the project include Bay Ridge only and Hartwood added when found to be necessary. Kellogg indicated the elevation and location were issues. Access is also an issue as the lift station will require maintenance. If it was located along CoRd 15, there would be a concern for the safety of the workers. Boni suggested the other option of the back side of the lots. Kellogg said easements would be required as it is a private road and the residents preferred the lake side location. Jabbour suggested the specifications be ordered while asking Staff for additional information regarding requirements and cost of the Hartwood area to eliminate speculation. The audience was polled for the number of Bay Ridge residents present. It was found that 4 out of 8 were present. All were in favor of the sewer project. The public hearing was closed. Kelley moved, Goetten seconded, to adopt Resolution No. 3849 ordering preparation of plans and specifications to the Bay Ridg^artwood neighborhoods. Staff was directed to provide data on sewering of the Hartwood neighborhood to include information on the primary and secondary sites for each lot, condition of each septic, and costs involved. The Bay Ridge residents present confirmed their recommendation for the sewer to run along the lake side of their properties. They indicated acquiring casements, tearing out the road, and with the depths as noted, it would be impractical to consider the west side alternate. Vote: Ayes 5, Nays 0. PUBLIC HEARING - 8; 15 P.M. (#6) BRACKETTS POINT NEIGHBORHOOD - SANITARY SEWER INSTALLATION PROJECT - RESOLUTION NO. 3850 - 9:00-9:29 P.M. The Certificate of Maifmg and Affidavit of Publication were noted. 1 r MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#6 - Bracketts Point Sewer Project - Continued) Tom Kellogg of Bonestroo indicated that two options were considered. The recommended design provides a gravity sewer to all properties except Lot # 11 as the elevation does not lend itself to this type of system. Lot #11 would require a grinder pump. The location of the lift station was noted, which would then pump the sewage to the metro foioe main. The alternate design would include a force main to all the properties on the point to Lot #4. The remaining lots on the point would require grinder pumps, which would pump the sewage back to the lift station on to the force main. The cost of this option would be $400,516 versus the preferred design cost of $424,789. The number of units to be served is still in question due to the needs of a particular property. The cost for 15 units would be a unit cost of $28,31 9. The grinder alternate design would result in a $26,701 unit cost but would not include the operation and maintenance of the grinder pumps. While the initial cost of the grinder pump is included, the operation, maintenance, and replacement is the responsibility of the property owner. The schedule for the Bracketts Point neighborhood would be the same as noted for the Bay Ridge neighborhood. Gaffron indicated that initially all but one property ow ner voiced approval of the project. The other property owner has since been conferred with and has expressed no objection. Jabbour asked if the cost w as determined by the zoning, potential housing, or the existing housing. Gaffron said it was based on the existing conditions. He indicated there is only one property that could be subdivided. If any changes are made to the number of units, it will be known prior to the assessment hearing. Kelley inquired about the reconstruction cost of the private road. He was informed that the City maintains the majority of the road which is public and, thus, is not a factor in the cost. The hearing was opened for public comment. Doug Schmitt, 1476 Shoreline Drive, is owmer of Lot #11. He asked for information regarding the mainttr r.nce of the grinder pump and if there was any extra assessment for it. He also questioned whether he had the option of hooking up to sewer ^t a later date. Gaffron informed him that with the size of his lot no alternate site available, he would not have the preference of waiting. He indicated the initial pump is provided and any replacement pump is paid for by the property owner. Humps are expected to last 5-10 years. Jabbour noted the importance of installing a check valve on the grinder pump. Kellogg explained the operation of the pump. I larlan Olson indicated the pump would be located between the current septic tank and the house. Jabbour informed Schmitt of the ability to obtain more favorable financing during the initial sewering as opposed to waiting. 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 {U6 - Bracketts Point Sewer Project - Continued) Eric Beringause, 1489 Shoreline Drive, property owner of Lot #13, inquired about the connection for lower and upper septic systems. Gaffron indicated the connection for sewer would be at the property line, and the resident bears the cost of connecting from the house to the property line. Janet Kieman, 1491 Shoreline Drive, property owner of Lot #14, inquired when the neighborhood meetings were held. She was informed that they occurred prior to her purchase of the property. Kieman had concerns with hov/ the sewer project would affect the improvement projects underway on her property. She was informed that she will have access and experience perhaps one day where access may be a problem when the driveway is being tom up for sevver installation. She noted that she was moving the location of her driveway. Gaffron said the City would coordinate the eoinciding projects with the eiioineers. Kieman should not experience any problem with extending her permit if necessary due to the sewer project. Gaffron indicated that Kieman will be asked where she would prefer the connection to sewer be made. It was noted that a 20' separation will be required oetw'een the air-tested sewer line and well. If the sewer line is not tested, a 50' separation is required. The need to coordinate the County project of overlaying CoRd 15 with the sewer project was noted. Moorse will work with the County in this effort. Harlan Olson indicated that the sewer will not be located in any of th<* blacktop portion of the road but in the right- of-way. Kieman asked when the casement requirements will be known. Olson said it would occur in May when the final design is completed. Schmitt inquired about the financing. Jabbour said the assessment hearing will answer financing questions. The financing will depend on the prevailing ruf«; and extend for a 15 year time period. Jabbour reiterated that the project will only occur if there is a favorable reaction toward the acquisition of easements and assessment. The public hearing was closed. Flint inquired whether the property owner of Lot #5 understands the need to pay for 3 sewer units. Gaffron said the discussion has not included the number of units but the property owner was party to the initial request for sewering. He indicated that according to the assessment policy, the guesthouses would be a fractional portion of the amount, and the resulting number of units would be in the range of 2 or 3 for that property. Jabbour asked Staff to send results of this hearing to all of the property owTiers so there is an understanding of the impact of the project. The information will be sent to the property owners affected by both agenda items 5 and 6. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HfcLD ON MARCH 10,1997 (^6 - Bracketts Point Sewer Project - Continued) Kelley moved, Goetlen seconded, to approve Resolution No. 3850 ordering prepar ation of plans and specifications for the Bracketts Point sewer project. Vote; Ayes 5, Nays 0. ZONING ADMINISTRATOR ’S REPORT (#7) #2202 COUNTY ROAD 15 RECONSTRUCTION - VARIANCE/CUP - APPROVAL Gaffron reported that the application is for variances and conditional use permit for the reconstruction of County Road 15 for the alteration of existing wetlands and the filling of City protected wetlands, filling of designated flood plain areas, and filling in e,\cess of 100 cubic yards. The Planning Commission recommended approval while voicing related concerns regarding mitigation outside of the City of Orono, specifically the allowance of mitigation payment by Hennepin County Dept, of Transportation to the MCWD for the regional ponding in Excelsior. Gaffron noted that any delays in the project would result in the project not occurring in this calendar year. Public benefit has been shown for the reconstruction to occur in 1997. Gaffron reviewed the areas of w etland to be filled. This includes 1.2 acres of DNR wetland and 1.1 acres of other wetlands protected by the Wetland Conservation Act. This includes the areas betw een the road and railroad. There will be 10' of additional pavement to the north of the existing road resulting in a significant acreage being filled. 1.3 acres of the mitigation for the DNR wetland will occur in the Painters Creek area of Independence. The 1.1 acre is subject to MCWD authority. The flood plain filling is mainly within the project including some ditching and removal of the Femdale cutoff and reverting that area to flood plain and wetland area. Because the project is within 1000' of Lake Minnetonka, it is subject to Shoreland Regulation. The hardcover amounts increase from 5.2 acres to 7+ acres. This was a major concern to the Planning Commission. The effect of controlling hardcover on residential properties within the shoreland area greatly diminishes when considering the effect this one project will have on hardcover. Joel SetMes and Guy Knowlan of Hennepin County were present to answer any questions Jabbour inquired if the topography was sloped so to result in the runoff being directed to the Ferndale Cutoff instead of Lake Minnetonka. Knowlan said the slope is to the north side of the roadway There is one portion with a culvert. Several areas will be rerouted and treated prior to entering Lake Minnetonka. r 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#7 - #2202 County Road 15 Reconstruction - Continued) Jabbour suggested a letter be sent to the MCWD regarding the setting of a precedent in mitigating outside of the City. He recommended a work session be considered to discuss the issue with the MCWD. Jabbour noted the need to complete the agreement with the MCVVT). Moorse indicated the relationship to the stormwater management plan and its completion. WTien regional ponds are identified and mitigation occurs in Orono, the plan will have identified sub-regional ponding in Orono. Kelley suggested that the project might need to be postponed for this calendar year. Moorse responded that the amount contributed is small in terms of the cost of building a regional pond. He was informed that only two cities have stormwater management plans. While Excelsior has not completed their plan, the location has been identified for a regional pond. It was noted that the City is receiving contributions toward ponding with the MCWD ponds under construction currently in Orono. Kelley asked if an EAW is required for the road reconstruction. Knowlan indicated that most roads require an EAW when wetlands are being impacted. Kelley asked why the County has waited until this time to notify the City of the need for the EAW when they knew one would likely be required. Gaffron indicated that the DNR comments to the County noted the impacts to Femdale Marsh required the EAW. Kelley said he was in disagreement with the philosophy of the writer and reviewer (RGU) of the EAW both being the County. Gaftron noted that the EAW recently seen for the Spring Hill Golf Club is more extensive than what is normally seen. He said he personally does not feel there is a conflict \vith the preparer and re\newer being the same party as the document is sent out to many agencies for their comments. Jabbour addi.d »hat pertiuts are also required, regulating the result. Gaffron indicated that the resolution prepared for adoption includes information and findings that caution the applicant of its tentative state of approval since the EAW process is incomplete. Radio confirmed that the approval would be conditional. He indicated that as a policy guideline, it is not a good practice to grant approval under such conditions. Goetten said the Council should be consistent, and approval should not be granted until the EAW has been completed. Flint indicated the project will have a significant impact on Lake Minnetonka with the substantial increase in hardcover and is concerned that the project will result in the reduction of wetlands without mitigation within Orono. Flint noted there were areas where he felt mitigation could occur, and he felt the EAW should apprise the City of such mitigation sites. Jabbour said the project was a matter of public safety. He agreed that the City should not make a policy of approval prior to the completion of the EAW. i MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (U7 - #2202 County Road 15 Reconstruction - Continued) Joel Settles explained where the mitigation would occur. The stonnwater treatment would occur in the Excelsior pond The wetland mitigation would occur at Painters Creek. The other mitigation is under the jurisdiction of the State and would occur at a 2:1 ratio in an undetermined location. The flood plain mitigation will occur on site. Goetten inquired about the mitigation ratios. Settles said the DNR requires 1:1 replacement which will occur in Independence and approved by the MCWD The Wetland Conservation Act requires a 2.1 replacement. The City does not have requirements in place regarding replacement ratios. Jabbour indicated that the CUP relates to the movement of earth and not to mitigation. Gafifron noted the City has a prohibition of filling wetlands but has no standards developed and follows the standards developed by other agencies, Jabbour asked the Council to indicate to the County their opinion for or against the project. Kelley said he was in favor of the project. His concern regards the lack of informing the City about the requirement of an EAW. Discussion then centered on this lack of communication. The County representatives said they were unaware that the City was not familiar with the EAW requirement for such projects. It is a typical procedure followed by their department. It was noted that two comments have been received to date regarding the document. The comment portion of the process closes on March 12. Jim Grube and Vem Genslinger of Hennepin County DOT have the authority to sign the EAW. Knowlan said he, along with two other people, write the EAW and make recommendations. Flint expressed his concern that the County viewed only a narrow corridor and did not consider all of the options in the design to minimize wetland impacts. Jabbour noted that even with 100% treatment, mitigation was still required. GafFron said the County does not own the land necessary to make such changes. Knowlan also indicated that elevations are a concern. Settles noted that the County had to show evidence that there was no ponding site available before the contribution was allowed by the MCWD toward the regional ponding. Flint asked what information will be seen as a result of the EAW. Settles said the comments received indicate the Met Council saw no need for an EIS. The Pollution Control Agency encouraged the County to review ways to treatment stormwater.. Settles said the MCWD reviews their needs in the planning stage rather than through the vehicle of the EAW. 12 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#7 - #2202 County Road 15 Reconstruction - Continued) Goelten asked who the City would speak with regarding the process and asked why the City was not considered when going through the process. Knowlan said he would have to take the responsibility. Goetten suggested the City be notified of the format taken by the County. Settles suggested the City also provide the procedural list. Jabbour noted that the data provided could assist the City through their process. Peterson asked if there would be a time schedule ramification if an EIS was required. Knowlan said it would afiect the project by about a year. He noted that they have never been asked to perform an EIS as a result of such a project. Peterson was informed that the project date to begin construction was July 15. Gaffron inquired about the time frame for publishing results of the EAW and what effect the lack of approval at this meeting w ould have on the schedule. Jabbour indicated that the City Attorney has advised the Council not to grant preliminary approval but to wait until the EAW process is completed. Radio clarified that the definition of completion of an EAW would be when the RGU makes the determination that an EIS is not required. Settles indicated that the bidding does not occur until all of the permits are received. Jabbour questioned the distinction between public and private roadways. He noted that the County designed the plans as directed by the City. Knowlan indicated bids must be taken in April to meet the July 15 deadline. It was determined that signature of the EAW document could be made within 1-5 days after the close of the comment period; that date would be March 17. Jabbour asked the Council if they would support the project if the EAW was approved. Kelley said he would support the project as long as the EAW results were favorable. Flint asked if there was anything the County could do from an engineering standpoint to lessen the impact on Lake Minnetonka Settles said no given the site constraints. Knowlan indicated that private property would be further impacted if the road was moved to the south. Flint suggested moving the road closer to the railroad. Knowlan explained the clear zone requirements which the County and Railroad both have. Settles said the gain would only be a foot. He also indicated that there will be a larger improvement to w'ater quality by contributing to a regional pond. Kelley added that the telephone poles were also an issue. Knowlan indicated the poles from Woodhill to the east will be removed and the cable buried. NSP has decided to move the poles to the west of Woodhill to the south side. Goetten asked if the County has obtained a signed agreement with the Railroad in regards to easements. Knowlan said the agreement is not expected until June 1. He noted that it is not necessary to have acquired all of the easements prior to the start of the project. i MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#7 - #2202 County Road 15 Reconstruction - Continued) Jabbour said he did not see the need to require the mitigation in Orono as the sites in Excelsior and Independence would benefit Orono. In regards to the potential concerns with granting conditional approval prior to EAW completion. Radio informed Jabbour that there might be no benefit in distinguishing between public and private projects as a private resident would say there is no difference. It was recognized that the County will have 3-30 days, or between March 15 and April 15, to make their determination from the comment reporting end of March 12. Jabbour moved, Peterson seconded, to continue the agenda item to a Special Council Meeting to be held on April 1, 1997 at 8:00 a m Vote: Ayes 5, Nays 0. Settles asked Gafffon to check for the information required by the Council. Kelley asked if an EAW would be required on CoRd 6 reconstruction project. The County representalives will verify and report to Gaflfon. Radio said the County is put on notice that the EAW approval would be required to obtain the permit. (#8) #2206 ELAINE AND STEVE SILUS, 3235 CASCO CIRCLE - VARIANCE - RESOLUTION NO. 3851 Silus asked for clarification of #1 in the conclusions of the resolution. He questioned the timing of the hardcover removals. Silus asked that the temporary storage facility and unattached garage be allowed to remain during construction. He said he would remove those structures when the project is completed. The Council agreed with the request. Jabbour informed Silus that he would not obtain the occupancy permit until the structures were removed. Kelley moved, Peterson seconded, to approve Resolution No. 3851. Vote: Ayes 5, Nays 0. (*#9) #2210 KENT E. AND SUSAN SWANSON, 3229B CASCO CIRCLE - VARIANCE - RESOLUTION NO. 3852 Goetten moved, Peterson seconded, to approve Resolution No. 3852. Vote: Ayes 4, Nays 0. (#10) #2187 DONALD AND ROBIN HELGAGER, 3625 SIXTH AVENUE NORTH - VARIANCES/CUP - RECOMMENDATION FOR DENIAL Neil Heupel represented the applicants. 14 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#10 - #2187 Donald and Robin Helgager - Continued) GalTron reported that the Planning Commission reviewed the revised application and recommended denial. The variances are a result of the shape and size of the lot and setbacks for an addition to the west end of the residence, a new attached garage, and an attached ^est house with additional garage. The detached garage is to be removed. The residence is located on Lake Classen requiring a 150' setback, which is met by the existing residence with the existing garage at 123'. The revised plan proposes the residence and garage at 126' setback. The existing east side setback is 27' for the house and 7 for the garage, which will be removed There is a 5' separation proposed from the house to the east lot line. The proposed street setback is 24' where 50’ is required. The average setback as defined by the house to the east is encroached to a lesser degree at 80 ’ but no encroachment is allowed. The CUP is for a guest house. An approval was granted last year for a lesser variance that did not include the guest apartment. Gaflfron indicated that the Planning Commission's recommendation for denial was based on the following specific reasons: The need for setback variances to support the proposed guest apartment use suggests that use is not appropriate for the site. The separated garages as proposed yield the appearance of a two-unit dwelling in this single family zoning district. The hardships are self-created, i e., the need for the magnitude of variances requested is a direct result of a proposed additional use on the site rather than a substantial hardship to the property. If approved, the resulting structure would be out of character with the majority of other homes on CoRd 6 in regard to proximity to the road. Gaffron cited other factors which may have entered into the recommendation: The DNR recommended denial of the lake setback variance as it is a self-created hardship. The limited building envelope would be significantly encroached upon. The 5' east side setback previously approved was justified by a finding that no additions to the west were feasible due to the limited building envelope. There is a lack of an alternate drainfield site, though no additional bedrooms over the design capacity are requested. Heupel responded to Gaffron's comttients. He said the applicant does not agree with the hardships being self-imposed. The required setback at the time the property was purchased by the Helgager's was 75’ but now has 1300 s.f. of buildable land. When the Shoreland Ordinance was adopted, the building envelope was reduced rendering the property basically unbuildable. The plans for any addition would require variances, and the proposed revisions are closer to CoRd 6 due to the lake setback. Heupel said the plans have gone through several design changes, and neither he or the applicant view any further changes without a significant cost. Jabbour, while commenting that he agreed with the comments regarding the lot, reported that the Planning Commission w'as willing to work with the applicant regarding the issue of the separated additional garage and were not asking that the 1300 s.f be adhered to. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#10 - #2 187 Donald and Robin Helgager - Continued) Goetlen said slie would support the setback variances but was concerned with the second garage in the rural residential area. She asked that the garage be changed. Heupel noted the change to the garage proposed by Commissioner Hawn for a possible tuck-under garage. This idea had not been proposed as it would require two accesses oft' of CoRd 6. Peterson said she concurred with the comments made by Goetten regarding the second earaee. Heupel was informed that the Council agreed with the conclusions made by the Planning Commission and a denial would eliminate any further review of an application for a six- month period. Jabbour suggested the applicant may want to table for further review. Heupel was asked if he would waive the 60 day requirement for a decision for action. Heupel agreed. Heupel asked for clarification that the applicant would be allowed to encroach the 150' setback from the lake in order to pull the garage back from the street. Goetten indicated that two driveway accesses would not be allowed. Hawn suggested the garages be combined into a triple garage and pulled back behind the residence on the east side which would more easily accommodate the guest house. Heupel said this suggestion was a good possibility. Kelley inquired if the representative had the legal authority to extend the application through a waiver. Radio said he would have to have power of attorney, which Heupel does not. A letter was to be obtained by Tuesday, March 11, from Mr. Helgager. The Council reiterated that all three uaraues must be combined. Goetten moved, Peterson seconded to continue the application conditioned on the waiver being provided by March 11 . If the waiver was not obtained by that date, the application would be denied. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT (#11) INTERIM LIBRARY SERVICE DURING EMPROVEMEN fS TO THE RIDGEDALE LIBRARY Jabbour reported that the Ridgedale Library will be closed for rehaoilitation for a two- year period. There have been no special provisions made for the Long Lake and Maple Plain Libraries. He asked the Council to support a letter req-.*. ting that the library staff would be reallocated to those libraries. MDiUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (Mayor/Council Report - Continued) Kelley questioned whether the library hours of operation or number of employees would change. Jabbour said no changes are expected. Moorse will send a letter requesting expanded local library service. (#12) SEWER CAPACITY/SEWER AVAILABILITY IN THE HIGHWAY 12 AREA Jabbour said he attended the meeting held on February 27 regarding the future plans of the Orono Schools in regards to sewer capacity and availability. With 75 units available and 55 allocated to the North Long Lake project and 12 to the Ice Arena, only 8 units remain. Additional units will be obtained when the sewer lint is enlarged but the occurrence of that event happening is based on the Hwy 12 project being completed or an alternative. Flint asked if this meant that another school cannot be built until the highw'ay is built and additional units obtained. Jabbour said other options for sewer expansion are costly. Jabbour said it would be premature to suggest any solutions at this time. The highway project is not slated to begin until at least the year 2001. Kelley noted projected changes to the Hwy 12/Old Crystal Bay Road intersection and the possibility of sewer connection by properties in the North Brown Road area. He said it would make sense for all of the area to be sewered. Moorse said the sewer is there but lacks the capacity. Goetten noted with the escalation of costs, the best timing for sewer expansion would be when Highway 12 is reconstructed. Jabbour requested the City Attorney to review the legal issues related to bringing sewer to two-acre properties. Kelley said input from the Watershed District gives support to two-acre density. Jabbour said the City would like minimal impact development to avoid detriment to the lake. He said he does not believe the two acre zoning is in conflict with sewering. Kelley noted that the residents have shown their willingness to pay the cost of sewering. Jabbour said there is also the need to negotiate for a larger sewer pipe tlirough Long Lake with Mn/DOT. In other reporting, Goetten saw the need to lobby for where the City stands in regards to levy limits. Goetten inquired if any Council member had a copy of the letter regarding snowmobiling from the Meredith's. Peterson said she would check. Flint cited a number of complaints have been received regarding snowmobiling at Bederwood and should be communicated to the DNR. 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (Mayor/Council Report - Continued) Kelley questioned whether snowniobilers have the right to use Stubbs Bay Road to access the lake from the Luce Line trail. Staff was asked to make a determination regarding snowmobilers dri\'ing on the roads. Flint suggested the possibility of culde^cing East Long Lake Road to eliminate the road being used to access Highway 12, particularly in terms of the proposed Spring Hill Golf Course. Jabbour indicated that the City has wanted a series of north/south roads by which to access Highway 12. Liz Hawn noted that she, along with many people, use that particular road to access Highway 12 and would not care to see it closed. Kelley said the question instead may be whether the Spring Hill Golf Course should use Spring Hill Road or County Road 6 for access. ENGINEER REPORT The City Engineer was not present. CITY ADMINISTRATOR’S REPORT (#13) TELECOxMMUNICATIONS POLICY STATEMENT Moorse reported that the telecommunications policy statement is a guide to be used as a basis for developing regulations for telecommunication antennas and towers. New PCS digital communications services will require more antennas than currently required for the cellular service and will compete with and add to the need. The Federal government regulates what can and cannot be done by the cities. Moorse said the most applicable limitation for Orono regards the City not prohibiting or having the effect of prohibiting the provision of personal wireless services. Moorse indicated the City should be able to limit atenna locations to the City's two water towers. He noted the main use areas would be in the Navarre and Highway 12 areas. These two areas are also where the two water towers are located. Allowing antennas on these towers could prevent the proliferation of antennas witliin the City. Jabbour voiced concern with pricing and the need to justify the costs charged. Kelley said the cost should be $1 less than it would cost to build the company ’s own towers. Radio indicated the policy in Minnetrista includes an annual cost escalator. Goetten inquired what the cost would be. Moorse said the cost would be about $1,000 a month. Escalators have been based on the CPI or 5%, whichever is larger, and based on a five year term. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#13 - Telecommunications Policy Statement - Continued) Tom Alexander of Larkin Hofijiian Law Firm, Bloomington, was present representing APT, one of the new digital providers. Alexander said he was concerned with the comment in the Staff memo for providing service without additional antennas. He felt this was impossible as the current antennas are being used to capacity by other providers. Alexander indicated that new towers would also be required if no water tower is available. He noted it would be less expensive to use existing structures as new towers cost up to $150,000 to build. i^exander explained how the locations for antennas are determined. It is based on a grid system working outward from the core of the metro in a honeycomb fashion. Expansion location cannot be determined until the service is built outward. There is a limited ability to move more than 500' from what is determined to be an ideal spot. Alexander said there would be no guarantee that a water tower would meet that ideal spot. Alexander said the ordinance as drafted allowed antenna placement only on the two water towers. He indicated these locations may not meet the radio frequency requirements and would be in violation of the Federal Telecommunications Act. Alexander reported that the criteria his company looks for in building towers includes the following: 1) radio frequency (coverage requirement), 2) whether the property owner is open to a lease, 3) zoning, and 4) whether the location is buildabte. Alexander asked the Council if they were willing to commit to a hierarchy of incentive regarding allowing antennas as a permitted use on water towers and identifying other preferred zoning districts, which would be in his opinion a lesser but significant restriction. Alexander said he would respectively object to the restrictions to the towers and asked for flexibility. Jabbour asked what the range is of the PCS service. Alexander said the technology is based on line of sight. Antennas arc required every 2 to 4 miles in rural areas and every 1/2 mile in dense areas with heavy use. Jabbour said he was concerned with the language of the letter sent by Alexander stating the City would have to allow antennas wherever they were necessary and at random locations. Alexander said the antenna locations would be subject to zoning requirements of the City. Radio noted the immaturity of the industry. While the industry will look at the City's zoning laws regarding prohibiting antennas and towers, they have not yet reached that point. Radio said the City must accommodate the antennas but cannot overrule the zoning laws. He suggested the City be proactive by informing the industry what can or cannot be done within the City and let the companies plan accordingly. He noted that the grid locations have not yet been determined. i MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (#13 - Telecommunications Policy Statement - Continued) Alexander asked the Council to create a permitted use without requiring a CUP. Alexander said this would allow the companies to know the guide lines before entering the City. Kelley said a CUP should be required in any other location in the City except on water towers. Jabbour, Goetten, and Peterson said no antennas will be allowed in residential areas. Jabbour reconunended adoption of the policy noting it can be amended at a later date. Flint said he was informed by a representative of Sprint regarding incentives for placement of antennas. Kelley noted the technology’ was constantly changing and would continue to do so. Goetten moved, Peterson seconded, to approve the policy statement regarding wireless telecommunications antennas and towers. Vote: Ayes 5, Nays 0. (#14) ORDINANCE AMENDMENT RELATED TO TELECOMMUNICATIONS TOWERS AND ANTENNAS Goetten moved, Peterson seconded, to approve the ordinance amending the City code to prohibit telecommunications towers and antenna structures in the Industrial, B1 and B3 zones. Kelley said he felt the ordinance should be rewritten to include more specific language regarding antennas. Peterson moved, Goetten seconded, to table the ordinance and directed Staff to discuss with Council regarding the language of the ordinance. Radio said the current moratorium regarding telecommunication towers and antennas could be extended at the March 24 Council meeting. Vote: Ayes 5, Nays 0. (*#15) TAX FORFEIT PROPERTY - RELEASE TO ADJACENT OWNER RESOLUTION NO. 3853 Goetten moved, Peterson seconded, to adopt Resolution No. 3853 releasing Parcel Number 17-117-23 43 0072 for private sale to adjacent property owners for combination with an adjacent homestead lot. Vote: Ayes 4, Nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997(#16) ADOPTION OF TRAIL SYSTEM PLAN - RESOLUTION NO. 3854Kelley moved, Flint seconded, to amend the trail system plan to include the trail along North Brown Road, the trail between CoRd 19 and Old Beach Road to the cul-de-sac, and the Dickey propert)'trails. Vote: Ayes 5, Nays 0. The Council had discussed the possibility of a trail along the Dakota Rail property for a east-west access. It was also discussed on which side of the road the trails are to be located. Gaffron said from a development review standpoint, it would be beneficial to know on which side of the road the trail is planned to be built. Jabbour suggester^ the Park Commission make that determination. Another suggestion was for a trail access on Watertown Road from Old Crystal Bay Road to access the 3-acre park space on the Dickey property. Flint suggested the possibility of a trail along Spring Hill Road to Hunter Drive. Moorse suggested the general trail plan be adopted and have the Park Commission make additional recommendations. (#17) JEANNE MABUSTH RETIREMENT - RESOLUTION NO. 3855 Flint moved, Peterson seconded, to adopt Resolution of .Appreciation No. 3855 to Jeanne Mabusth upon her retirement. Vote: Ayes 5, Nays 0. (#18) WESTONKA SENIOR CENTER - UPD.ATE REGARDING NEW BUSINESS PLANS Moorse presented the Council with an update regarding the plans for a new Westonka Senior Center. Orono and St. Bonifacious are being asked to participate financially in the new center. Jabbour asked that the location for the new center be determined first along with the percentage of Orono citizens who are involved with the center. Peterson questioned whether CDBG funds could be used. Moorse indicated that those funds are best used for the purchase of land only, which in this case, is available at no cost. This 'tern was tabled until further information can be obtained. (#19) CONTRIBUTION TO MOUND FIRE DEPARTMENT FOR ENHANCED VISION CAMERA Peterson moved, Jabbour seconded, to reimburse the Mound Police Department an amount not lo exceed $4,500 as contribution for the enhanced vision camera to be paid from the contingency account and to amend the budget to reflect the amount of the contribution. Vote: Ayes 5, Nays 0. r " MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (*#20) ESTABLISH SPRING CLEAN UP DAYS AND TIMES Goelleii moved, Peterson seconded, to approve the dates of April 26, 1997 from 8:00 a.m. to 2:00 p.m. for general items and May 10 from 8:00 a m. to 2:00 p.m. for construction debris only for the annual Spring Cleanup Days. Vote: Ayes 4, Nays 0. CITY ATTORNEY’S REPORT (#21) HARBOR LIMITS ORu^NANCE - PROGRESS UPDATE Radio said he is making progress towards a barber limits ordinance affecting 300' into the lake. The State Statutes allow the city the ability to regulate the harbors 300' into the lake. There is a distinction between what can be regulated, namely, docks and activities on the docks. Once in the lake. Radio said the jurisdiction belongs to the LMCD or DNR. Radio said he would be bringing an ordinance back before the Council at the next meeting. He asked the Council if the major concern was regarding docks or harbor activity. .tabbour said the main concern is over docks. He does not want the City to be held to LMCD standards and would like to control the application of chemicals that flow into the lake. He would also like to regulate commercial vessels from distributing items. Radio provided information on two ordinances from other cities. He cited an example of harbor regulations in relation to public nuisances. Kelley asked if they could be more restrictive than the LMCD. Radio said it would depend on the activity. If the activity is on the water, the LMCD may have jurisdiction. Radio indicated activities on the dock can be controlled. He indicated if there were two concurrent jurisdictions, the court would determine who has jurisdiction. Jabbour said he would like to sec the City have representation on the LMCD in order to set an examph' frtr the LMCD to follow. It was noted that while the City does not allow docks on oul.lou, the LMCD does. No action was required. (#22) REQUEST FOR EXECUTIVE SESSION City Attorney Radio requested an Executive Session. 22 r MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 (•#23) LICENSES Goetten moved, Peterson seconded, to approve the following Licenses: Vote: Ayes 4, Nays 0. Residential Kennel License:Judith A. Spinner 940 North Arm Drive Cigarette License:Grant R. Wenkstem Lakeview Golf of Orono, Inc. 405 North Arm Drive Malt Liquor (Beer) License:Orono Golf Course 265 Orono Orchard Road Special Event Permit:Clyde Gates Foot Race on Luce Line April 12,1997,8.30 a.m.-10:30 a.m. Spring Parade of Homes Stickne> . Schwarz Builders, Inc. 2920 Somerset Lane 3-8 p.m. weekdays noon - 6 weekends (•#24) BILLS Goetten moved, Peterson seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. ADJOURNMENT Peterson moved, Jabbour seconded, to temporarily adjourn at 12:34 a.m. Vote: Ayes 5, Nays 0. The meeting was reconvened at 12:36 a.m. and readJourned to an Executive Session. The Council met in an executive session to discuss pending litigation. The Council approved the City's participation in the appeal of two companion civil actions to the Minnesota Court of Appeals, and approved the adoption of a resolution requesting the LMCIT to process the apprp.l on behalf of the City. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON MARCH 10,1997 #3856 RESOLUTION REQUESTING REPRESENTATION FROM LEAGUE OF MN CITIES INSURANCE TRUST FOR APPEAL The Council reconvened the regular Council meeting at 12:45 to ratify the actions taken in the executive session. The motion was made by Kelley, seconded by Flint. Vote: Ayes 5, Nays 0. 1 4 Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk fe- c/ry OaORONO HRA MEETING SET FOR MONDAY, MARCH 10,1997 '^0/\fQ AT THE COMPLETION OF THE REGULAR BUSINESS ITEMS OF THE MARCH 10 CITY COUNCIL MEETING ROLL CALL The Council met following the Regular City Council Meeting of March 10, 1997 for the Orono HRA Meeting with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson, and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Assistant Planning and Zoning Administrator Michael Gaffron, Public Services Director Greg Gappa, and Recorder Sherry Frost. Mayor Jabbour called the meeting to order at 12:34 a.m. on Tuesday, March 11, 1997. (#1) RESOLUTION NO. 3857 REQUESTING THE HENNEPIN COUNTY HRA TO INCLUDE THE CITY OF ORONO IN AN APPLICATION FOR BELOW MARKET INTEREST RATE MORTGAGE LOANS THROUGH THE MINNESOTA HOUSING FINANCE AGENCY Flint moved, Goetten seconded, to approve Resolution No. 3857. Vote: Ayes 5, Nays 0. (M) RESOLUTION NO. 3858 REQUESTING THE HENNEPIN COUNTY' HRA TO ADMINISTER THE MINNESOTA HOUSING FINANCE AGENCY’S HOME IMPROVEMENT LOAN PROGRAMS IN ORONO Flint moved, Goetten seconded, to approve Resolutio.n No. 3858. Vote: Ayes 5, Nays 0 ADJOURNMENT The meeting was adjourned at 12:36 a m. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk i X REQUEST FOR COUNCIL ACTION X DATE: March 19, 199^5^^ ITEM NO.: Department Approval: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: /j^2213 Jim Zimmerman, 2745 Shadywood Road - Conditional Use Permit - Resolution Zoning District: LR-IB, Single Family Lakeshore Residential. Application: Request for conditional use permit for construction of permanent dock on Lake Minnetonka per Section 10.55, Subd. 9(B-3). List of Exhibits A - Resolution B - Memo and Exhibits of 3/10/97 Brief Review of Application Applicant proposes to construct a permanent boat dock adjacent to his existing boathouse located in tlie lagoon area. The proposed dock will parallel the shoreline in order to avoid impacting boat traffic in the lagoon area. An LMCD permit has been applied for, and LMCD staff is currently reviewing whether a DNR permit will be required or whether this dock falls under DNR's General Permit for certain structures onLake Minnetonka. Planning Commission Recommendation Plaiming Commission reviewed this application at their March 17th meeting and unanimously recommended approval subject to the following: 1.Applicant to obtain any permits necessary from the DNR and LMCD prior to City issuance of the required building permit. 2.Applicant is advised that no concurrent work on the boathouse is allowed without a separate permit review and approval, and the boathouse is subject to the City's regulations regarding non-conforming structures. Request for Council action continued page 2 of 2 March 19, 1997 Zoning File #2213 Staff Recommendation Staff recommends approval per the Planning Commission recommendation, per the attached resolution. COUNCIL ACTION REQUESTED; , seconded by , to adopt ResolutionProposed Motion: Moved by_______ #____granting a conditional use permit to Jim Zimmerman at 2745 Shadywood Road for construction of a permanent dock on Lake Minnetonka. Vote: ______ayes,_____nays. J1 tiLai « A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 9 (B-3) FILE #2213 WHEREAS, Jim Zimmerman, (hereinafter "the applicant") is the owner of the property located at 2745 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Tracts C and D, RLS No. 500, accoraing to the recorded plat thereof, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the construction of a permanent dock per Municipal Zoning Code Section 10.55, Subdivision 9 (B-3). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 2. 3. This application was reviewed as Zoning File #2213. The property is located in the LR-IB Lakeshore Residential Zoning District. On March 17, 1997, the Orono Planning Commission reviewed the application and recommended approval as proposed, based upon the following findings: A.The structure will have no adverse effect on the capacity of the floodway of Lake Minnetonka nor will it increase the flood height. Neither the proposed dock nor its location will have any negative impact on the surrounding residential properties. Page 1 of 4 \ 4. 5. C. The permanent dock is subject to permitting by the Lake Minnetonka Conservation District and potentially by the Minnesota Department of Natural Resources. D. The sheltered lagoon location will tend to limit the impact of ice movement on the proposed permanent dock. E.The existing boathouse to which the proposed dock will be attached, is a non-conforming structure subject to the pertinent City ordinances. The City Council finds that granting a conditional use permit to allow the proposed permanent dock will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and reconunendations of the Planning Commission, reports by staff and comments of the applicant and the affect of th-* proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 9 (B-3) to permit the construction of the proposed permanent dock, subject to the following conditions: 1. Applicant shall obtain a building permit from the City of Orono prior to construction of the dock. 2.Applicant shall provide evidence that the necessary permits from the LMCD and/or the DNR have been obtained prior to issuance of the City building permit. 3. Applicant is advised that the boathouse adjacent to the proposed dock is a non- Page 2 of 4 1 mr; 4. 5. 6. conforming structure subject to the pertinent Orono Zoning Code sections. Authorities granted by this resolution 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 conditional use permit will expire on that date (March 24, 1998). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authoriQr granted herein, and shaP be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 24th day of March, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Properly Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 24th day of March, 1997, by Gabriel Jabbour, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ___, 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ____, 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this____day of ____, 199 _before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing uistrument.and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBUC Page 4 of 4 To:Chair Lindquist and Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Michael P. Gaffron, Asst. Planning & Zoning Administrator March 10,1997 Subject: #2213 Jim Zimmerman, 2745 Shadywood Road - Conditional Use Permit - Public Hearing Zoning District: LR-IB Single Family Lakeshore Residential Application: Request for CUP for construction of permanent dock on Lake Minnetonka. % Pertinent Ordinance: Section 10.55, Subd 9(B-3): All permanent boat docks within the floodway require a conditional use permit. List of Exhibits: A - Application B - Plat Map C - Property Owners List D - Sur\'ey E - Dock Proposal F - DNR General Permit #97-6098 G - Letters from Neighboring Property Owners H - Section 10.55 Subd. 26/1961 Boathouse Permit / 1961 Council Minutes Summary of Request Applicant proposes to construct a f * - nf brat dock adjacent to his existing boathouse located in the lagoon area. No City permit lo > ;x : jck has previously been issued for this site, and City airphotos indicate no permanent dock . - - . in past years, although a few pilings exist adjacent to die entrance to the boathouse suggesting possibly a past seasonal dock. The proposed dock will extend from the boat house entrance parallel to the shoreline, with a connecting walkway back to shore (See Exhibit E). LMCD staff have indicated that their rules allow a maximum dock width of 6', and applicant has revised his original plan for a 10'x32' section down to 6'x32' parallel to the shore. This configuration appears appropriate given the orientation and layout of the boathouse, and given that the site is adjacent to a relatively narrow channel leading to the Narrows docks located just east of the property. Side setback is not an issue based on the site location. The potential for ice damage at this location is minimal due to the location in a protected lagoon. -i 5 Zoning File #2213 March 10,1997 Page 2 This structure will have no impact on tlie floodway of Lake Minnetonka and it will not increase the flood height of the lake. DNR General Permit The DNR has issued a 'blanket' general permit for certain types of projects which will not require DNR permits on Lake Minnetonka. These projects include seasonal docks, soipe permanent docks, boat ramps, and multiple mooring facilities and marinas that meet certain criteria (See Exhibit F). The LMCD administers this general permit. Depending on whether DNR considers the proposed dock as "a single linear structure", it may require a separate DNR permit. Boathouse Non-conformity Advisory It should be noted for the record that the existing boathouse to which the dock will be attach'*d, is a non-conforming structure under Orono Code Section 10.55 Subd. 9. Although a building permit was issued for its construction in 1961, the boathouse has been non-conforming at least since the Floodplain Ordinance was adopted in 1979, and perhaps much longer. This building is subject to the non-conforming structure limitations imposed by Section 10.55 Subd. 26. Staff Recommendation Staff recommends approval of the proposed installation of a permanent dock adjacent to the boathouse for Jim Zimmerman at 2745 Shadyw'ood Road, subject to applicant providing written confirmation that any permits necessary from the DNR and LMCD have been obtained, prior to City issuance of the required building permit; and subject to no concurrent work on the boathouse allowed without a separate permit review and approval. Application ff 3 Date Received 7 Amount Paid CITY OF ORONO - GENERAL LAND U PROPERTY LOCATION , Site Address -<2 7 .-W ^ Q II t » Type of Application to be Filed____ Property Identification Number (P.I.D.) O..J r.o >1 ^ 7 2/ - //7 - -2J 3/ Oco ;? APPLICANT Name / 'K 2L. / «f -<1 Address r€> <r City Phone (home) Phone (work) a J rz-z/oc^ 4-'7/ ' Zip j>y^/ 8 8i OWNER (if different than applicant) Name Phone (home) Phone (work)_ Address City Zip. Date Property Acquired I (do) property i /‘y'fs (month/year) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMIT . f * L $ 75.00 For each variance request with CUP application y/ $175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 101 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore CHflNBE City of Orono P.O. Box 66 Crystal Bay, W 55323 (612)473-7357 Oe/21/97 16:36:00 ) USE APPLICATION 1 9 75.00 75.( 2213 J ZimEAHAN 2745 SHAOYNOO 1 §0.00 SUBTOTALTAX TOTAL SALE RECEIVED 0.t 75.C 0.( 75. ( 75. ( 0.'. PRD/PID - see Fee Schedule $150.00 Renew'al Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) ___ $300.00 Vacation _____S' 00.00 Easement Vacation ____ .$’ 00.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule CL£RKi03 TRANSt 3596 City of Orono P.O. Box 66 Crystal Bay, m 55323 (612)473-7357 02/26/97 11:02:44 LAND USE APPLICATION _ ^ 1 9 100.00 100.0C 2213 J ZIMCRNAN 2745 SHADYWOO 1 9 0.00 0.0C PRESENT USE OF PROPERTY Present Zoning D-.trict _____ Present Use of Property Residential SUBTOTALTAXTOTAL SALE RECEIVED CHANGE CLERKI03 TRANP! 3630 100. (K 0.0« 100. (K 100.OC 0.(K Other requim;d submittals 1. Completed Application Form. 2. Describe request in detail. 3. Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of ' Finance, A-603, Government Center, 348-3271). 4. Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. 5. ____Attach legal description to application if not included on required survey. 6. ____Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. ____List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. 9. Construction plan, if applicable (see staff for requirements). ___As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Ovsner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT’S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not cqvered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date 0\VNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature _______________Date Applicant must ha^ all submiptlfs into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. 3 BMMi RUN DATE 02/21/97 DATCN 511 PROP AODR OHNER NAME TAXPAYER NAHE/ADDR PROP ADDR ONNER NAME TAXPAYER NAME/AODR PROP AODR ONNER NAME TAXPAYER NAME/AODR PROP ADDR ONNER NAME TAXPAYER NAME/AODR PROP AODR ONNER NAME TAXPAYER NAME/ADOR PROP ADDR ONNER NAME TAXPAYER NAME/AODR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OIINERS LIST 58 21-117-25 22 001^ 00028 ADDRESS UNASSIGNED PHEASANT LANN HOMEOliNERS PHEASANT UUM HOHEOHNERS 2700 PLEASANT RD EXCELSIOR MN 55221 28 21-117-22 24 0005 02725 SIIADYNOOD RD P C 2 B G CARLSON TRUSTEES PAUL C a BEATRICE G CARLSON 2725 SHADYNOOO RD EXCELSIOR MN 55221 28 21-117-22 24 0020 00028 ADDRESS UNASSIGNED THOMAS J CASEY ETAL THOMAS J CASEY 2785 SHADYHOOD RD EXCELSIOR MN 55221 28 21-117-22 24 0029 00028 ADDRESS UNASSI6NED PAUL C CARLSON ETAL PAUL C CARLSON 2725 SHADYHOOD RD HAYZATA MN 55291 28 21-117-22 24 0061 00028 ADDRESS UNASSIGNED JOHN P THIMMESH THOMAS P HUBER 2615 SHADYHOOD RD EXCELSIOR MN 55221 28 21-117-22 21 0002 02745 SHADYHOOD RD JAMES E ZIMMERMAN JAMES E ZIMMERMAN 2745 SHADYHOOD RD EXCELSIOR MN 55221 28 21-117-22 24 0002 02705 SHADYHOOD RD G 0 2 J M FOX GAYLORD 0 2 JON MARIE FOX 2705 SHADYHOOD RD EXCELSIOR MN 55221 28 21-117-22 24 0009 02775 SHADYHOOD RD B K OLSON TRUSTEE BONNIE K OLSON 2775 SHADYI'IOOD RD EXCELSIOR MN 55221 28 21-117-22 24 0021 00028 ADDRESS UNASSIGNED B K OLSON TRUSTEE BONNIE K OLSON 2775 SHADYI'IOOD RD EXCELSIOR MN 55221 28 21-117-22 24 0059 02771 SHADYHOOD RD R G 2 M J OGLE RICHARD G 2 MARLYS J 2771 SHADYHOOD RD EXCELSIOR MN 55221 OGLE 28 21-117-22 24 0062 00028 ADDRESS UNASSIGNED BOYD HITTMAN BOYD HITTMAN 2707 NORTHRIDGE DR COLORADO SPRINGS CO 80918 28 21-117-22 22 0004 02800 PHEASANT RD RALPH D BURGESS JR RALPH D BURGESS JR, CEO FOOD ENGINEERING CORPORATION 2765 ^aAGARA LAN PLYMOUTH MN 55447 REPORT NO. PI425401 PAGE 27 28 21-117-22 24 0004 02725 SHADYI^IOOD RD M D 2 R A MEEK MICHAEL D 2 ROBERTA A MEEK 2725 SHADYHOOD RD EXCELSIOR MN 55221 28 21-117-22 24 0016 00028 ADDRESS lt4ASSIGNED DAVID C COOK DAVID C COOK 680 M HILLSIDE DR HAYZATA MN 55291 28 21-117-22 24 0028 00028 ADDRESS UNASSIGNED JAMES 0 GINTHER ET AL JAMES 0 GINTHER 2121 DARTMOUTH AVE EXCELSIOR MN 55221 28 21-117-22 24 0060 02765 SHADYHOOD RD B L NILHELM 2 D I NILHELM BURNIS L 2 DORIS I HILHELM 2765 SHADYHOOD RD EXCELSIOR MN 55221 28 21-117-22 24 0062 00028 ADDRESS UNASSIGNED D MIE6EL 2 J MIEGEL DONALD R 2 JUDITH D MIEGEL 682 SULLIVAN DR COLUIBIA HEIGHTS MN 55421 TOTAL BATCH 511 00017 EDGE OF WATER 928.1 a- 928.1 »■ 932.5 A> ■V'y 933.0 X 931.2 * 93?>^ WV y s O)' 932.3 / / •o\*932.1 \© > driveway CUTOFF UNE 932.2 953.5 . > '«29.2 p 931.7 932 3 P 931.6 932.2 93^5 ^ «>•> ■ , 9j, 3 if'931.3 « 931.5 p 931 2 A= 30n9'56" R = 50.00 L =^62.96 f f 931.7 . 932.5 \ 930) V A30 5 |g. 5PRCC lo w '936.3 93J.I . 932.4 932.0 - ' r^'^931.8 • '< 7(^ 932 5 33%'9337 9323 / X 932.6 933 4 ) • 932.5 DRIVEWAY CUTOFF LINE K 931.4 /928.2.933.4 12?^5P rCC 928 2; 926.2, A gj6.9 s/a . /K / 933.1 .CO / 953.1 / 933 1 -EDGE. OF landscaping 9330 • 932 9 l8 “rL0C s ^ \ 933. f / * 7 ^ /'930.2 cv / Co ' 932.1 ’' O) OVERHANG '928.1 X 933.0 931.7 *,2i<9 /^7 , A-—EDGE OFig. /r,/ / r;; landscaping I / V\ _^EDGE OF ROCK XT LANDSCAPING EDGE OF WATER ir 933.0 931.0. X •#^933^ 933 I 932 • 932 ”2.' '/ ii 928.2 i - I 1/ Q'^l 4 9322 • • V :-ViUage of..County of.Minni. Vv'’- -T : Village of Orono Crystal Bay,Minnesota. ^ Minutes of meeting held In the Village Hall on February 13,1961,at 7:30 PM. Present: R.C.Bagley,Mayor,Protem;K.Turnhara,E.0.Wood,Trustees. G A. Hanson,Assr. ;A.G, Stinson,Poreman;C-erald Ross,Chf.PollcejD.J.Russell,PlngCon; L.vlAclcman,Village Atty. :0.E. Johnson,Clerk, S.B.Belt ,Dep.Clk. % ^IV:mutes of meeting held on January 23,1961,were read and approved Mr.Russell,of the Planning Commission reported on the recr.mendatlon of the Coramlslon re request of L.F.Dressier Involving alteration of house on Lot 5, Crystal Beach.Subject tabled for consideration later. On motion of Turnham,seconded by Wood,recoraendation of Planng.Com.was approved subject to aporoval of Hanson,granting building permit for D.R.Slford on Loti Lydiards Addition,for lot 80 by 600 feet. Request of S.C.Barber for building permits on L§ts 22,25 & 15,Rest Point Park was tabled for survey to be submitted at meeting of Feb.27th. On motion of Turnham,seconded by V^ood,request for building permit for guest house on Lot 6,Shore Hills,was approved subject to approval of Hanson. On motion of Turnham,seconded by 7/ood,building permit was approved for Lot 4, Block 3,y/alter*s Port Addn.,covering an area of 25030 sq.feet,for J.E.BHuzek. Jack Ekre aopeared requesting consideration of the erection of a multiple dwelling In*the Navarre area on Kelly Ave.Subject will re refered to Plang.Com. Attorneys Ackman and Grossman and Adolph Fine confered with the Council with reference to the Long Lake Country Club Addn.and the attorneys will endeavor to confer further In an effort to offer some solution to final conclusions and recoraendations Involvl.ig stabilising and blacktopping of road to meet Council require.ments and release of present bond filed for completion of road. Hugn Thorsen was present concerning the granting of permit involving a boat house that had been started without permit at the Narrows, ^r.Wood was anxious to review the project before aporoval.and Tumnam moved that he proceed accord ingly and event of aoproval and' oayment of oenalty the permit be granted. Thomas Traff was present for purpose of conference involving the acceptance of road In the Traff Addn.on Co.Road # 51 at Crystal Bay. A conference will be arranged v/lth him and Bnr Engr.ahd Foreman for further report. On motion of Turnham,seconded by Wood,approval was granted of tax forfeited land sale under Hennepin County Land Dept.List # 006-0, Current bills under Verified Acets.# 1019 thru # 1048 were reviewed and approve There being no further business to come before the meeting same was adjourned. /6 Approved: 0.E.Johnson,Clerk. VEiftes OF ostism ¥ES3Ssmus. Aso coyae^am, I gOBSoc?; 0? apaDTO OWW2H P smoQ y/ippHga oaasa 99BSCT2t^ f/ifffSSt See. No. FarcgfNo. ^ 1 JTVtf0 Let Bloch T>_ AddllSea er Saht^'ridoB /Y L. ^ LAND Dsscaipncii BUSUDING ZOCA7XON VSmAT20N AND ISGIT SboelLol DlatFreaFocsd Fereenlege eC Floor Ana VeeL Land Sq. Ft Dll. Sides PeroeBto^ oS Light to I^joor Ana EoTofioa ObkBaeh larrsLS Sredaego Sbe S^pca ccNSTRUcnon FkCBse Bride. Solid 1 Stceca 11 ^AlUHlIimJUU Stene Ceaen! Bloch LooeKea rooTKCs G3>nCTA:31S Depth plUlN^S LM9t Depth On Width Ee!ew Grade Dteteoee Fhom WeQ FOUNDATION Conirtmetlon She rriASipiEiD BASETdENT Depth DSeSemeoFIrecaWen Ground Drolncg*Floor V/fcllh Difaa» PSraaa LsS Kom Bearing ?oste SlM Spadng 1 Xaagth BcCECi)S!ao cpcn S-V^T^DTG .T:2TUI*I3 CffiM-.TfS Slshe Shower No.Typo Laundry ToGot Foundetton llothTub Siae'xs 7ipo —Diotanc« Ftem Jolats FLOOPJS S«b Flooring loL-J^She Spocing Bridging Beorlne ST0DDKG3 nAFTEBS CEUmO JOISTS Shoj. y Sho Z^y C She ^ ^ ^ Spcciag / ^ Plaloa /^ Spacing Spen / 2. Bracing t_. NOTES! MWMAHP aUMVWU^WUW ■WWHMWVW V# 1 tha Vmago o( Qmto ^^Beobte Ihcnte. longostSpan i:aTS Basement — No. 1st Floor — No.2-Siio Size Stairway Stalrwoy LNSUIJVTION Colling WcBs F S«'Ignad Receipt NcG ^ujj^ _ -------'VJ *.-».» Bldg. Pluab.S_____Sewage*Toiedsi£j^£ THE SEWAGE SYSTEM rNSIAUED SY NAME. ADDRESS. S 10.55 Subd. 26. Non-conforming Uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions: A. No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity. B. No structural alteration or addition to any non- conforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a non-conforming use, unless the structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. C. Any alteration or addition to any non-conforming use which would result in substantially increasing its flood damage potential shall be protected in accordance with Subdivision 14, Subparagraph E of this Section. _ D. If such use is discontinued for twelve consecutive months, any future use of the building premises shall conform to this Section. The assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of twelve months. E. If any non-conforming use is destroyed by any means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Section. However, the City may issue a conditional use permit for reconstruction if the use is located outside the floodway and, upon the reconstruction, is adequately flood proofed, elevated or otherwise protected in conformity with this Section. F. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses. G. Except as provided in Subparagraph E above, any use which has been permitted as a conditional use shall not be considered as a non-conforming use. H. Non-conforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Section within ^a reasonable period of time as determined by the City, after a hearing for each such non- conforming use. The Council shall make its determination upon the basis of the normal useful life of any Improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such non-conforming use, by reason of the limitation on establishment of competing businesses as a result of this Section, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Section. ORONO CC 375 (4-1-84) \ .03/ll'97 10:07 FAX 612 341 0323 FEB-2E-97 I7i1> FrantCAKClll ZIMMERMAN GROUP 111 @003 T-7S0 P.02/D2 Job-740 (S-Z- February 2Gth, 1997 To< Jim Zi^BM^rtnan Promt Buxaie Wilhelm 0«rfR«r - a7<6 ttbad^tfood Bead SxeeXsior. Mianeroca Daar Jim: Z uaderacaad you are planning to add a deck to your Boat Rouae. The purpoae of this letter ie to advise you that as owner of the property next door, it io OK with us if you plan to nvake additions and improvements to your Boat Bouse. Please advise the local zoning and planning beard that you have eur approval to proceed at your convenience. Begapds Bumie Wilhelm 7 From : DICK OGLE PHONE No. : 619 593 1229 Feb. 24 1997 8:29flM P02 (^-1 HbAuoAy 25, 1997 Citi/ 0^ Oaom UfL. Mike. Re: HepiaeiJiQ peAmanent dock at ZameAmann HzAidencc VtoK M^. QaiiAont Hauin^ had the. oppoAtuntttf to Ke.vieui the pZani the dock JjnpAO\)eine.n.t that Ua. ZanmeAtneuw ti comidcAtag , 1 oiooJLd tike .to expAM* my ^uppoAt ^oa tkU pAoJect, itiz oAz vzAy much intZAiuted in impAou-Cng ouA neighbOAhood tvhich vJould ceAtainty incJtude upgAodlng the quatity^oH hi6 dock. Vick Oglz 2771 Shadt/joood Koad ExceJUioK, MN 5535/ CONDITIONS FOR GENERAL PERMIT #97-6098 (Page 3 of 3) RQAT RAMP PROJECTS fContlnuedl 2 Publldy owned ramps shall not exceed 24 feet in width and extend more than 20 feet waterward of the OHW or into water more than four feet in depth, whichever is less. Excavations of 60 cubic yards or less, and placement of up to 30 cubic yards of crushed rock, gravel, dean sand, or small stone shall be allowed In order to provide a stable base or maintain use of the ramp.* 3. The ramp shall be constructed of gravel, natural rock, concrete, steel matting, or other durable inorganic material not exceeding six inches in thickness. * NOTE: The Minnehaha Creek Watershed District may require a permit for the excavation or fill assodated with constructing or reconstructing a boat launching ramp. Criteria for projects that can be approved by this General Permit The preference is to have projects meet the DNR conditions for when a DNR permit is not required. However, it is recognized that site conditions vary and that it is not always feasible or practical to meet those conditions. 1. The proposed project must represent the minimal impact solution to a spedfic need with respect to all other reasonable alternatives. . . w * * 2 The project will involve a minimum of encroachment, change, or damage to the environment, induding but not limited to fish and wildlife habitat, navigation, water supply and storm water retention, All multiple dock and mooring fadlities (docks or mooring areas for 5 or more watercraft) require a DNR permit. Criteria for projects that can be approved by this General Permit: 1. The size and shape shall be designed in a compact fashion so as to blend in with the surrounding shoreline while minimizing the surface area occupied in relation to the number of watercraft to be served. If an Environmental Assessment Worksheet (EAW) is mandatory, in accordance with Minnesota Rules, Chapter 4410.4300, subp. 25 (i.e., construction or cumulative expansion greater than 20,000 square feet), a separate DNR permit is required. 2. i CONDITIONS FOR GENERAL PERMIT #97-6098 (Page 2 of 3) NOTE: FOR EACH PROJECT CATEGORY, THE CRITERIA FOR PROJECTS THAT DO NOT REQUIRE A DNR PERMIT ARE SUMMARIZED FIRST, THEN THE CRITERIA TOBEMETFOR THIS GENERAL PERMIT ARE SUMMARIZED. PROJECTS THAT DO NOT MEET THE CRITERIA FOR PROJECTS THAT CAN BE DONE WITHOUT A DNR PERMIT, OR THE CONDITIONS OF THIS GENERAL PERMIT REQUIRE A SEPARATE DNR PERMIT. SEASONAL DOCK PROJECTS No DNR permit is required to cor<struct, reconstruct or install a seasonal dock or floating structure provided: 1. The structure will not constitute a hazard to navigation or public health, safety, and welfare (as determined by the DNR); 2. The structure will not include fuel-handling facilities; 3. The structure vynll allow the free flow of water beneath it; and 4. The structure is not used or intended to be used as a marina (mooring of 5 or more watercraft). Note: A "seasonal dock" means a dock so designed and constructed that it may be removed from the lake or stream bed on a seasonal basis. All components such as supports, decking, and footings must be capable of removal by nonmechanized means. Any proposed dock which does not meet the above criteria, must meet the conditions in one of the following project categories or a separate DNR permit is required. PERMANENT DOCK PROJECTS No DNR permit is required for permanent docks provided: 1. 2. 3. 4. 5. 6. The dock is a single lineal structure with no appurtenances; Only one dock is installed per riparian lot; The structure shall not exceed six feet in width nor exceed 50 feet in length, or extend to a depth greater than 4 feet (bottom elevation of 925.4' on Lake Minnetonka), whichever is less; The structure will not include fuel-handling facilities; The structure will allow the free flow of water beneath it; and The structure is not used or intended to be used as a marina (mooring of 5 or more watercraft). Criteria for projects that can be approved by this General Permit: The preference is to have projects meet the DNR conditions for when a DNR permit is not required. However, it is recognized that site conditions vary and that it Is not always feasible or practical to meet those conditions. 1 . Similarly situated docks in the vicinity have not experienced maintenance difficulty and the use of a seasonal dock is precluded because: a. long fetches would subject seasonal docks to damaging storm wave conditions: b. the number of public and private users is so great the seasonal docking equipment would not provide adequate stability. 2. Residential docks shall not exceed six feet in width or extend to a depth greater than 4 feet (bottom elevation of 925.4* on Lake Minnetonka). Commercial or public docks shall not exceed 6 feet in width or extend outside of the dock use area set forth by the LMCD Code. BOAT RAMP PROJECTS No DNR permit is required to construct or reconstruct a boat launching ramp provided: 1.Privately owned ramps shall not exceed 12 feet in width, and extend more than ten feet beyond the ordinary high vrater elevation (929.4* for Lake Minnetonka) or into water more than four feet deep (bottom elevation of 925.4* on Lake Minnetonka), whichever is less. Excavations five cubic yards or less, and placement of up to five cubic yards of crushed rock, gravel, clean sand or small stone shall be allowed in order to provide a stable base or maintain use of the ramp.* DT DATE Ac?/-^7 ATTACHMENT A CONDITIONS FOR GENERAL PERMIT #97-6098 (Page 1 of 3) GENERAL 1. 2. 3. 4. 5. 6. 7. 8. 9. All appropriate licenses or approvals from the Lake Minnetonka Conservation District and from the City in which the project Is located must be obtained prior to commencing the project. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be installed in accordance with "Protecting Water Quality in Urban Areas - Best Management Practices for Minnesota" MPCA, October 1989, prior to commencement and maintained throughout the project. All exposed soil shall be stabilized as soon as possible and no later than 72 hours after the completion of the project. Soil stabilization shall be achieved by mulching and seeding or placement of sod at the rates or manner prescribed in the above referenced guidance document on erosion control or by other accepted manner defined in said document. Topsoil should be used to re-dress disturbed soil areas and indigenous plant species should be used to revegetate disturbed areas whenever possible. No removal or deatmetlon of aquatic vegetation is permitted unless an Aquatic Management Permit is obtained from DNR Regional Fisheries Office (@ 772-7950), or the removal consists or mechanical (i.e., not chemical) removal of submerged or floating aquatic vegetation that meets the conditions for not requiring a permit (i.e., mechanical removal of submerged or floating aquatic vegetation in an area of less than 2,500 square feet). Note: Removal of any amount of emergent vegetation is prohibited unless an aquatic plant management permit has been obtained from DNR Fisheries. Project equipment shall be inspected for Eurasian water milfoil, zebra mussels and other exotics, and decontaminated prior to and following project completion and/or when equipment is moved from one waterbody to another. Every reasonable precaution shall be taken to prevent inoculation of other waterbodies. DNR- Ecological Services (612-296-2835) may be contacted for information on how to decontaminate equipment. The permittee shall monitor all disturbed areas for the presence of purple loosestrife and control the plant. The DNR aquatic plant manager should be contacted at 772-7950 for permit needs and additional information. The permittee is authorized to maintain the approved work to the dimensions in the LMCD license. Prior to commencing any maintenance work, the permittee shall advise the Lake Minnetonka Conservation Distrirt of the extent and method of maintenance. The maintenance shall not be commenced until permittee receives written approval from the Lake Minnetonka Conservation District. The LMCD shall copy the DNR Area Hydrologist and the Conservation Officer on such maintenance approvals. The DNR Area Rsheries Manager will be given an opportunity to review the proposed plans to help ensure that no posted spawning areas or other significant fish or wildlife habitat is affected. Structures (docks, ramps, etc.) shall not be constructed with materials that would have a detrimental impact on aquatic organisms or water quality. Placement of structures not permitted. Placement of structures shall not be permitted where the structure: (A) VVill obstruct navigation or create a water safety hazard. (B) Will be detrimental to significant fish and wildlife habitat, or protected vegetation. Construction Is prohibited in posted fish spawning areas. (C) Is designed or intended to be used for human habitation or as a boathouse. (D) Is designed or Intended to include walls, a roof, or sewage facilities. a. 9. 10. 1. 2. 3. 1^ r?«tafU acMtod by auanfty of Mi ptnni nor mMri flnom any ottMT Mum. «ED0^ M tpwtfM hMin, than b« plMd on any portion of tiM M of Mid WBtm wtikh Bm biloM (M Mlcalid ibov«.) Whm 9» mfc auOiortBad by Mi Omrri PinnI imdM Ihi draining, fining or burning of Widirate mil tub}ad to DNR JuftedicOon, 9m ptni^ ^>wwaJapiinTJigiiiia^naiiihflicMiinadcd!ic<alaDocDvalfrDmthifaiponiibiaQOvarnmantalunitaifaauifadbvthaK^noa iola WadandiCo niar va HonAdof 1991. SPECIAL PROVISIONS Notification of each license application proposed to be authorized by General Permit #97-6098 shall be sent, by the Agent, to the DNR Area Hydrologist. DNR Area Fisheries Manager and to the city that is the zoning authority for the project site. The minimum comment period will be 7 days for residential docks and 10 days for all other projects. The Agent shall send a copy of all Lake Minnetonka Conservation District licenses to the DNR Area Hydrologist. Conservation Officer, and the DNR Area Fisheries Manager for activities that would have required a DNR Protected Waters permit, but that meet the conditions of this permit. The following information, if applicable, must be included in the permit copy supplied to the DNR; permittee name and address; project location; brief project description; and resource name and DNR I.D. number (including sub-basin number). The conditions and provisions of this General Permit shall be reviewed by September 30, annually, with input from both DNR and the Lake Minnetonka Conservation District. Mutually agreed upon clarifications, corrections, and changes can be incorporated in a modified permit. Significant changes or additions may be incorporated in an amended General Permit only after the copied parties on this General Permit have had an opportunity to comment. The DNR reserves the right to require a separate individual permit for projects that could meet the conditions of General Permit #97-6098. c:Cities of: Deephaven. Excelsior, Greenwood, Minnetonka, Minnetonka Beach, Minnetrista, Mound, Orono, Shorewood, Spring Park, Tonka Bay, Victoria. Wayzata, and Woodland Hennepin Conservation District. All Durgunoglu Can/er Soil & Water Conservation District, Rich Perrine Minnehaha Creek Watershed District. Gene Strommen U.S. Army Corps of Engineers, Joe Yanta/Gary Elftmann DNR Fisheries, Daryl Ellison DNR Wildlife, Diana Regenscheid Conservation Officers, Mike Hammer/Jim Konrad Ecological Services, Wayne Barstad Central Waters. John Line Stine/Bruce Gerbig/Ron Anderson Lake Minnetonka (27-133P) File GENERAL PERMrT INNESOTA Natural R momtcw PROTECTED WATERS PERMIT IPwmltNUfflftar 97-6098 PMi»*iloMin«atotoStahitat,Chap«af 1030, and on Ihabaato of itatomaote and Wotmattonooatalnad In thapann# application, lattata. mapa, and piana auMtiad by ProtsctMdWs^ Lake Minnetonka (27-133P)Carver and Hennepin Name orPermAtse All Owners of Property on Lake Minnetonka Aaent Lake Minnetonka Conservation District Tslsphons Numbsrpnduds Ans Cods) (612) 471 - 9588 Address (No.« SOeeC RFD. Box No. Oty, Stat*. Zip Code; 2500 Shadvwood Road. Suite 19, Excelsior. Minnesota 55331 Authorttod Work: Place permanent docks, boat ramps, and multiple mooring facifities; all in accordance with the Conditions listed in Attachment A and the Special Provisions of this permit Purposs QfPstmit ______Navigational Access / Use _____________________________________September 30.2001 Property D^MCtlbti ms: Various on Lake Minnetonka Addraaa of ffropafty. If Known; NA Am pid/catatf In Owttnl Provfa/on WoT 11: The ordinary high water elevation of 929.4* (NGVD, 1929) In this General Permit, the following definitions appiy: “Permitteo" means the state, a political subdivision of the state, a public or private corporation, or any person permitted by the LMCD to perfbm work in the pubic waters/puUic wafers wetlanda and floodplain within the jurisdiction of the LMCD pursuant to uniform DNR/LMCD requirements, and the terms and conditions of this General Permit "Agenr means the Lake Minnetonka Conservation District (LMCD), as the agency authorized bv the terms and wnditiona of this General Permit, to enforce uniform DNR/LMCD requirements concerning permanent docks, boat ramps, multiple mooring fadfities and marinas. This General Permit is granted subject to the foDowing GENERAL and SPECIAL PROVISIONS: GENERAL PROVISIONS Th* pwmltttu is no! relsMsd fr«n any mlM. rsgulaOoot. rsquiremsnts. or standards of wy applicsM U5 Anw Corps oT Enflinosfs. Board oT Walsf and So» Raaoureaa, WN Ponutiort Control Agency, vyaterahed rOalrtcto. walar managwnert Centra, 190 Fifth Street East, St Paul, MN 55101-1038. The pennfttee e»»9 mat* no changes, wMmu I wriBen perrnkaion predouriy otteined frorn the Lake Mnnetonka Conservation District, In the dlinenalona, capacity. Of locaOon or any Itsms of worlt authorizsd hereunder. The pennmee siwl grard access to the site at an reasonable times during and after construction to authorized represenlativea ofthe ComrriaeJorter or Nehiral Resouroea for InspocUon of Ih# wodc authodzod hocoundof. TN. General Perira may be terminated by the Cornrnissloner or Natural Resources at any tinw deemed neo^ to the eons*^^ In th^Srt^ or pu^health and welfare, or for vWatlon or any or the provisions or this General Permit, unless otherwise provided In the Spedal ProvWone. The agent may rw)uest an eidenaion oT Ume to thie General PeonH upon written request to the Commissioner oT Nalutal Rasouroee. persons, agencies, or authorities concerned, and shall acqulra all property, rights and Intareets needed for the wortt of tSnSrfa ag^ »* agenU. aniployaaa. of contfacton for violaUon of or fanura to cofnpfy v«lh tha perma or appllcaWa provWooa of lavr. 1. 2. 3. 5. 6. 7. Mr. Douglas Babcock General Permit #97-6098 January 31,1997 Page (2) In addition, the Department is confident that our staflfwill continue to work together closely to ensure that the notification and implementation lo^stics work smoothly and that there is no confusion regarding the interpretation of the terms and conditions of General Permit #97-6098, We believe this General Permit will simplify the permitting process for Lake Minnetonka residents without reducing resource protection. Your effort in working with us to develop this procedure is greatly appreciated. Please contact me or Area Hydrologist Ceil Strauss at 772-7910 should you have questions regarding the terms and conditions of this Permit. Sincerely, DaleE. Homuth Ke^onal Hydrolo^st Enclosures DEH/CCS c:Cities of Deephaven, Excelsior, Greenwood, Minnetonka, Minnetonka Beach, Minnetrista, Mound, Orono, Shorewood, Spring Park, Tonka Bay, Victoria, Wayzata, and Woodland Hennepin Conservation District, AH Durgunoglu Carver Soil & Water Conservation District, Rich Perrine Minnehaha Creek Watershed District, Gene Strommen U.S. Army Corps of En^eers, Joe Yanta/Gary Elftmann DNR Fisheries, Daryl EUison DNR WildUfe, Diana Regenscheid Conservation OfBcers, Mike Hammer/Jim Konrad Ecological Services, Wayne Barstad Central Waters, John Line Stine/Bruce Gerbig/Ron Anderson Lake Miimetonka (27-133P) File ---—.........ggJ F Minnesota Department of Natural Resources Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (612) 772-7910 Fax: (612) 772-7977 January 31,1997 Mr. Douglas Babcock Lake Minnetonka Conservation District 2500 Shadywood Road, Suite 19 Excelsior, Minnesota 55331 rechWEO ,OfORONO RE:GENERAL PERMET NO. 97-6098; PERMANENT DOCKS, MULTIPLE DOCKS AND BOAT RAMPS; LAKE MINNETONKA (27-133P); CARVER AND HENNEPIN COUNTIES Dear Mr. Babcock: Enclosed is General Permit #97-6098, wluch authorizes the owners of Lake Minnetonka shoreline to do projects in the foUowing categories: permanent docks, multiple mooring facilities/marinas, and boat ramps. The intent of this General Permit is to simplify permitting processing in areas where we have overiapping authority, and to avoid duplication of efforts. If a proposed project meets the conditions in General Permit #97-6098, and a license/approval is obtained from the Lake Minnetonka Conservation District (LMCD), the applicant nol be required to obtain a separate individual permit from the DNR However, projects that exceed the conditions in General Permit #97-6098 will continue to require an individual DNR permit. A draft version of General Permit #97-6098 was circulated to official DNR permit application commenters and interested parties (see attached list) on December 17, 1996. Comments received from the commenters and interested parties were incorporated in the enclosed permit. Very few comments were received. On advice of our Central Office, we are issuing this permit to the “Owners of Property on Lake Minnetonka,” with LMCD as their agent. They felt this was more legally correct. Another change from the 12/12/96 draft was in item #1 of the “General Conditions That Apply To All Projects.” The underlined language shown below was added: 1.All appropriate licenses or approvals from the Lake Minnetonka Conservation District god from the City in which the project is located must be obtained prior to commencing the project. The LMCD may begin implementing General Permit #97-6098 immediately. As is noted in Special Provision 3 of Permit #97-6098, the conditions and provisions of this Permit are to be reviewed by the DNR and LMCD by September 30, annually. DNR Information: 612-296-6157. 1-800-766-6000 • TTY: 612-296-5434. 1-800-657-3929 An Equji Opportunity Employer Who Value* Diversity W% Primed on Rec>cled Paper Containing a Minimum ol lO'c Po*t-Con*umer Wo.>ie REQUEST FOR COUNCIL ACTION DATE: March 20, ITEM NO.: #2218 ^ Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2218-Jyland Development, Inc., 1185 Hunter Drive--"Hunter's Pass'* Preliminary Plal--Class III Subdivision Zoning District: Lot Areii: RR-IB, One Family Rural Residential District, 2 Acres 21.57 Acres Application: Subdivision of four lots within 2 acre rural residential zone involving a road outlot, Pertinent Ordinances: Section 10.28 RR-IB One Family Rural Residential District Subd. 5 Area. Height, Lot Width and Yard Requirements. B. Lots. The following minimum requirements shall be observed: Lot Area Lot Width Front Yard Side Yard Side Yard Adjacent to the Street Rear Yard 2 Acres 200*50*30*50 ’50* Section 11.03, Definitions, 66 . (c) "Class III Subdivision" A Class III subdivision shall be a plat which includes, but is not limited to, a subdivision which meets one or more of the following criteria: 1. The subdivision results in three or more buildable lots; or 2. The subdivision involves a flexible zoning application; or 3. The subdivision involves the vacation or dedication of a public roadway; or 4. The subdivision involves the extension of municipal utilities. List of Exhibits: A B C D E F G H 1 J Application Plat Map Property Owner's List Orono Designated Wetland Map Preliminary Plat Wetland Delineation Report Weckman Report Minutes from Planning Commission 2/18/97 re: sketch plan review Grading and Drainage Plan Approval Resolution Description of Application The proposed four lot subdivision was reviewed as a sketch plan at the February meeting of the Planning Commission. The preliminary plat was approved by the Planning Commission on March 17, 1997. The applicants have asked that their request for approval of the preliminary plat be scheduled for the March 24. 1997 City Council meeting. Lot Configurations All of the proposed lots meet the lot standards tor the RR-IB zoning district. Loti Lot 2 Lot 3 Lot 4 Acreage 8.27 acres/ 6.28 acres diy 6.43 acres 4.99 acres dr\' 3.09 acres 2.91 acres Wetlands Type 1, Soil type is Hamel ^ Type 111,'Soil type is Glencoe Type 111, Soil type is Peaty Muck NONE NONE Access The proposed private road, Outlot A. is located on a high elevation point for Hunter Drive which will provide adequate sight lines to the north and south for vehicles entering and exiting the private road. Although there is unplatted land to the west of this proposed development, it is not feasible to require U2218, Jyland Dev. Inc. Hunter Drive and 6th Ave. N. PC-3/17/97 CC-3/24/97 page-2 an easement for future access from the cul-de-sac west to the unplatted property because of slopes and wetlands. Future access to the unplatted area to the west can be provided by other roadways. Septic The septic tests confirm that there are adequate and suitable soils on each site. Each lot has suitable areas for both primary and alternate sites for five bedroom homes. Lots 1 and 2 have split alternate sites which will require a more complicated system. All of the proposed drainfield sites meet City and State standards. The applicants have indicated that they have had a preliminary site evaluation prepared by S-P Testing. The plat shows that there are primary and secondary- alternative sites for on-site septic systems. The septic system at 1125 Hunter Drive was a concern, however, that property is not included in this subdivision. Drainage Each lot has adequate drainage away from possible building sites. The preliminary plat as proposed provides for the future residences to be located on high elevations that will allow for drainage away from the proposed building sites. Drainage and utility easements will be required on the property. Park Dedication This application will be reviewed by the Park Commission on April 7, 1997. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the piefiminary plat as submitted. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission's recommendation. COUNCIL ACTION REQUESTED: To adopt the enclosed approval resolution U22 18, Jyland Dev. Inc. Hunter Drive and 6th Ave. N. PC-3/1 7/97 CC-3/24/97 page-3 1 ■SIm ar* "v.-V f. A- •1 A '.M •V / f 9 y czJ CITY m ORONO - SUBDIVISION APPLICATION PROPERTY ^LOCATION Site address _____ Application ft ^ Date Received ^ " ^7 Amount Paid / ^ ^ '3L . OO PA^'VtZts P-Ct^ “ ^ ^C) , ^ 'S^i^jXu - ^oo^oc {M't^, 35*v (H s Property Identification Number (PID) - /;fl - z3 -S i - oc o Please check one - Property____abstract or yC torrens? U » Attach legal description to application.Lot / , 340C/4 / ^ 7^ APPLICANT Name 'h^ec.<y/o/yfB^ cu 8 Address a.<9c/^ ^BrUr^rO ^ ^ILLE^______ -r-ZXT a^ c Phone (home) 8JP «HCd'2. City AlfO Zip SJJi'i Phone (work) ftSS* > OWNER (if different than applicant) Name 'Bu/vt //• Oo/su»/r) <>vo _________ Address y>fy,c. Pu^^. _______Phone (home)_________ City _______ZipLjTfi(^9^ Phone (work) 93^ - . (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size / /^e/S S. h'l. 2V, 5 7 Present use (check) Present Zoning District Acres Dry Land Acres Wet Land Acres Total, all parcels Residential; no. of units Other (specify)______ jdA-ze PROPOSAL _____ Division for Tax Purposes _____ Lot Line Rearrangement Only (no new buildling sites) Subdivision for New Building Sites Number of Building Sites X. Existing Units New Units Total Units Proposed Gross Density Minimum Lot Size V Units DerZAi‘7 Acres Proposed Use (check) Sq. Ft. Dry Buijdable Land >C Residential '' • - ________Other (specify)_________ MINIMUM MATERIAL REQUIRED FOR COMPLETE PREL1^UNARY APPLICATION 1. Payment of fees (refer to "application fees" listed below. 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt. Center 348-3271). 5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Zoning Official's Signature______________________________________ Date_____________________________ MINIMUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION 1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if appicable). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. . - 4. Easements, covenants, etc. 5. Developers Agreement and Letter of Credit. Zoning Official's Signature_______________:______________________ •• Date______ I. APPLICATION FEES (Zoning Administ; Jtor to check [X] those which apply) A. Application Base Fees: _____ Sketch Plan Review (Class I, II & III) S250.00 _____ Subdivision of a Lot Line Rearrangement S350.00 Subdivision Application (Class I & II) $350.00 Totals ✓ \ Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all qon-residential) ____ Final Plat Application (Class Ilk) $200.00 *31$+• lOo ____ Legal Re' lew and Filing: _____Subdivision only $75.00 Subdivision w/easements and covenants min. $200.00 Park Fees (to be determined per Section 11.62) Legal and Engineering Review Fees (as incurred) Renewal of Class I and II Subdivision Application $200.00 (No change from original application) _ Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application) Renewal of Final Class III Subdivision Application $150.00 (No change from original application) B. Special Improvement Fees: X. Proposed Private Roads $600.00 + $.50/lineal ft.; "lOo lin. ft. x .50 = $ _____ Proposed Public Roads $900.00 + $.50/lineal ft.;_____Up. ft. x .50 = $______ qso Request for City to Accept Existing Private Road $900.00 Proposed Sanitary Sewer Main Extension $250.00 + $25/stub Proposed Watermain Extension $250.00 + $25/stub Proposed Storm Sewer System (excluding culverts) $200.00 X On-Site System, Site Evaluation Review (applicable to rural subdivision applications) 7 new lots$50.00/per lot x C. Flexible Application Fecs/Misc. Fees _____ Variance $220.00 ($50.00 per each additional variance) _____ Easement Vacation Associated with Subdivision $100.00 _____ PRD Application with Subdivision $30.00/DweIling Unit 7^1 The applicant hereby agrees to |. rovide all infomiation required or requested by the Zoning Administrator, City Engineer, City Attorney. Planning Commission and Coi^il necessa^ to ppMess this application and further agrees to pay all additional fees established by ordinance. ^ /V ^^ Applicant's Signature Date Owner's Signature *0 Date Applicant must have all submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. • : JYLAND DEVELOPMENT, INC. 239 E. Lake Street Wayzata, Minnesota 55391 (612) 935-5300 Fax 895-1998 March !7,1997 Ms. Elizabeth Van Zomeren City Planner City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Hunter Pass Dear Liz: We kindly request that the application for the Hunter Pass subdivision be placed on the agenda for preliminary approval on the March 24,1997 council meeting. Please give me a call if you need any further information. Best Regards, Bob Carlson vf.V't rrf » - • • • • • • •••••••••••••••••«••••••■•••••••«••• • •••••••••••••••••••••**«*****«***«**«***« Tx^x^x-x-xxxvx';-^:-:-^^^::x:x:x:x:x:x:x;x:::x;:^^^^ k .*.*.'»*•*. • • • Iv •y. • n 9 RUN DATE 02/19/97 BATCH 504 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST REPORT NO. PI435401 PAGE 10 PROP ADDR ONNER NAME TAXPAYER NAHE/AODR 36 25-118-23 31 0002 00038 ADDRESS UNASSIGNED SPRING HILL LAND LTD PTSP SPRING HILL LTD PARTT&RSHIP 445 UKE ST E SUITE 220 NAYZATA NN 55391 38 25-118-23 31 0003 00038 ADDRESS UNASSIGNEO BURT H A JEANNE E CORNIN BURT H CORNIN 400 1ST AVE N APT 224 MPLS MN 55401 38 25-118-23 31 0004 01125 HUNTER OR R H AMIS JR A 6 R R N AMIS JR A 6 R 1911 rvENNOOD PKHY MPLS MN 55405 LYMAN AMIS LYMAN AMIS PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAHE/AODR 36 25-118-23 32 0002 00038 ADDRESS UNASSIGNEO BRUCE M A JULIE J STEINER BRUCE M A JULIE J STEINER 144 E06ENOOD AVE S NAYZATA MN 55391 80 25-118-23 13 0005 00080 ADDRESS UNASSIGNED C N A J H CROSBY TRUSTEES CHARLES A JUDITH CROSBY 1252 HUNTER DR NAYZATA MN 55391 38 25-118-23 33 0004 00725 SIXTH AVE N SPRING HILL LAND PARTNERS SPRING HILL LAND PARTNERS 445 LAKE ST E SUITE 220 NAYZATA MN 55391 80 25-118-23 13 0006 00080 ADDRESS UNASSIGNED DOUGLAS J DAYTON DOUGLAS J DAYTON 300 CO RD NO 6 NAYZATA MN 55391 38 25-118-23 41 0001 00300 SIXTH AVE N DOUGLAS DAYTON ETAL DOUGLAS J DAYTON 300 CO RD NO 6 . NAYZATA MN 55391 80 25-118-23 23 0002 01505 HUNTER DR J A S MACKAY JOHN S MACKAY 1505 HUNTER DRIVE NAYZATA MN 55391 J4- L A /:// ^5 , -V \ V PROP ADDR (BtlER NAME TAXPAYER NAME/ADDR PROP ADDR NAME TAXPAYER NAME/ADDR 80 25-118-23 24 0004 01235 HUNTER DR MARTY B SCHNEIDER MARTY B SCHNEIDER 1235 HUNTER DR NAYZATA MN 55391 80 25-118-23 24 0007 00440 PHEASANT RIDGE Rl T a K MARTIN THOMAS a KATHLEEN MARTIN 440 PHEASANT RIOGE RD NAYZATA MN 55391 80 25-118-23 24 0008 00450 PHEASANT RIDGE RD Fas KARSBERGEN FRANK a SARY KARSBERGEN 450 PHEASANT RIDGE RD NAYZATA MM 55391 T0Ti5>\L BATCH 504 00012 •*.-.-I ..• % u - ^h O <.y% ..<U: Wj^M mii X-:i:i ' *vV iS' < ' . *L I. V m r.’*' ■) .v,a -•.- Vv-. .»*. -A 1 •> ‘(‘jn .••• * *.. * if- < V ? m-<-6T+HftVE K>.)- 4.4:ac ,. ‘v'--? *''' ^ ,. ______^ ' f -:-M i>W:m AH\WNyv< .,*. » SLllQJJ^-- Li state * — r—«- >064 ia'^'^'-rp>'•• V . > r-4.T>i.*;3,r.v i.or^:c^v* m W'C 'ffc-..-..^ .-■■■'■i-'?-'-; > ;-;-5-V'^.•• .-, ’’ ’•'"^’A -:\i;£5'u;ic"rviiv^Ji'in5^^^ •> -,.—'>3 - S y *;.r ::vr/*» ^ iK^i- -. *1* *. -*i'.- /.*" *./ > : t 7i ‘Pr\\m\-\m * • \ • ^ \ ‘ . •**••.>-! \ *v*. ». . * • V / • / T>. •> ^ *W ::7'.t< —rA r»»!i :u* _vIj K_A_ *L ^hlbi^ p H 3 1 % a I I f\ i WETLANDS DELINEATION DOCUMENTATION FOR LOT 1 , BLOCK 1 , TEN OAK ADDITION IN ORONO. MN John Anderson, EnviroData, Minneapolis, MN delineated and documented wetlands boundaries on the subject property on January 13th, 1997 at the request of Bob Carlson. This report provides information as to the dominant wetland characteristics at the site as result of the investigation. The parameters of the welland/upland boundaries are provided in each delineation report form as this information is redundant below. Please review documentation of these findings (referenced in report and site plan). A sketch of the staked wetland boundaries is included In the report. LOCATION Lot 1, Block 1, Ten Oak Division NE1/4, SW1/4, Section 25 Til7. R23 Hennepin County, Minnesota METHODOLOGY Wetlands were identified and delineated using the 1987 Corps of Engineers Wetlands Delineation Manual (U.S. Army Corps of Engineers, 1987) Revisions to the former method have been proposed by the U.S. Environmental Protection Agency and are currently under review. Pending the adoption of these revisions, the U.S. army Corps of Engineers is applying the 1987 Corps Wetlands Delineation Manual . The wetland and/or deep water habitat were classified according to the methodologies set forth in Wetlands of the United States (USFWS Circular 39, Shaw and Fredine, 1971) and Classification of Wetlands and Deep water Habitats of the United States (FWS/OBS Publication 79/31: Cowardin et. al.1979). CHARACTERISTICS OF WETLANDS INVESTIGATED Transect A.#l This is a Type Three (PEM1F) wetland checksite. Dominant species are Lake Sedge (OBL), River Bulrush (OBL) and Cattail (OBL). Soils are Glencoe, a wetland soil. Surface hydrology evidence is met. as soil is in in a wetland drainage pattern. Transect A.#ll This is a Type One (PF01 A) wetland checksite. Dominant species are Black Willow (OBL). American Elm (FACW-), Red Maple (FAC), Green Ash (FACW) and Common Buckthorn (FAC-)- Soils are mapped as Glencoe, a wetland soil. Surface hydrology Is met. Site is in a wetland drainage pattern. If n n H I $ H Transect A.#lll This is a non-wetland checksite. Dominant species are Green Ash (FACW) and Common Buckthorn (FAC-). Soils are mapped as Nessel, a non-wetland soil. Surface hydrology is not met. Site is not in a wetland drainage pattern. Checksite B This is a non-wetland checksite. Dominant specie is Common Buckthorn (FAC-). Soils are mapped as Nessel. a non-wetland soil. Surface hydrology is not met. Site is in a depression which appears to be drained by a surface drainage ditch. Checksite C This is a non-wetland checksite. Dominant specie is Common Buckthorn (FAC-). Soils are mapped as Nessel. a non-wetland soil. Surface hydrology is not met. Site is in a depression which appears to be drained by a surface drainage ditch. Checksite D.#l This is Type Three (PEMIF) wetland checksite. Dominant species are Pussy Willow (FACW), Reed Canary Grass (FACW+) and Lake Sedge (OBL). Soils are mapped as Peaty Muck, a wetland soil. Surface hydrology evidence is met. Site is in a wetland drainage pattern. Transect D.#ll This is a Type One (PSS1A) wetland checksite. Dominant species are Poplar (FAC), Green Ash (FACW). Common Buckthorn (FAC-) and Reed Canary Grass (FACW+). Soils are mapped as Peaty Muck, wetland soil. Surface hydrology Is met. Site Is in a wetland drainage pattern. Transect D. #111 This is a non-wetland checksite. Dominant species are Green Ash (FACW), Red Oak (FACU), Poplar (FAC) and Common Buckthorn (FAC-). Soils are mapped as Hayden, a non-wetland soil. Surface hydrology evidence is not met. Site Is not flooded, ponded, saturated or in a wetland drainage pattern. Transect E.<f| This is a Type One (PFOICd) wetland checksite. Dominant species are Green Ash (FACW), common Buckthorn (FAC-) and Reed Canary Grass (FACW+). Black Willow (OBL) is less common. Soils are mapped as Hamel, a wetland soil. Surface hydrology evidence is met. Site is in a wetland drainage pattern. Site is partially drained by a surface drainage ditch. Transect E.#ll This is a Type One (PSSIAd) wetland checksite. Dominant species are Green Ash (FACW), Common Buckthorn (FAC-) and Reed Canary Grass (FACW+). Soils are mapped as Hamel, a wetland soil. Surface hydrology evidence is met, as soil is in a wetland drainage pattern. %# I I i i I ii Transect E.#MI This Is a non-wetland checksite. Dominant species are Green Ash (FACW), Red Oak (FACU) and Common Buckthorn (FAC-). Soils are mapped as Hayden, a non-wetland soil. Surface hydrology evidence is met. Site is not in a wetland drainage pattern. Transect F.#l This is a Type One (PEM1 Ad) wetland checksite. Dominant specie is Reed Canary Grass (FACW-h ). Soils are mapped as Hamel, a wetland soil. Surface hydrology evidence is met, as site is in a wetland drainage pattern. Transect F.#l I This is a Type One (PSSIAd) wetland checksite. Dominant species are Common Buckthorn (FAC-), Green Ash (FACW) and Reed Canary Grass (FACW+). Soils are mapped as Hamel, a wetland soil. Surface hydrology evidence is met. Site is not in a wetland drainage pattern. Transect F.#lll This is a non-wetland checksite. Dominant species are Green Ash (FACW), Red Oak (FACU) and Common Buckthorn (FAC-). Soils are mapped as Nessel, a non-wetland soil. Surface hydrology evidence is met. Site is not in a wetland drainage pattern. Transect G.#l This is a Type Three (PEM1F) wetland checksite. Dominant specie is Cattail (OBL). Soils are mapped as Glencoe, a wetland soil. Surface hydrology evidence is met, as site is in a wetland drainage pattern. Transect G .#11 This is a Type One (PSS1A) wetland checksite. Dominant species are Common Buckthorn (FAC-), Green Ash (FACW) and Reed Canary Grass (FACW+). Soils are mapped as Glencoe, a wetland soil. Surface hydrology evidence is met. Site Is not In a wetland drainage pattern. Transect G.#lll This is a non-wetland checksite. Dominant species are Poplar (FAC), Red Oak (FACU) and Common Buckthorn (FAC-). Soils are mapped as Hayden, a non-wetland soil. Surface hydrology evidence is met. Site is not in a wetland drainage pattern. I SUMMARY AND CONCLUSIONS Five areas were delineated as wetland In the field based on evidence of hydrophytic vegetation and surface topography. Hydrology was assumed by topographic location of the sites. Soils were not sampled as they are frozen. Detailed analysis of the herbaceous layer was not possible due to deep snow cover. It is recommended that the site be analyzed further under growing season conditions. LIMITATIONS OF WETLAND ASSESSMENT My opinions, conclusions and recommendations were based In part on information I obtained and evaluated from current sources including state and federal agencies, verification of the authenticity or accuracy of this information is not warranted and is not included In the scope of my services. Wetlands delineated under winter conditions may not be accurate and should be reinvestigated during the growing season. I appreciate this opportunity to present this analysis. Sincerely, I Oohn Anderson PWS & CMS - RS 'BKibV Gr TO:Liz Van Zomeren, City Planner/Zoning Administrator FROM:Stephen Weckman, On-Site Systems Manager DATE:January 10,1997 SUBJECT: Septic Review for Application #2218, Jyland Development, Inc. - Subdivision The proposed four lot subdivision includes soil testing and design for each lot. Each lot has suitable area for both primary and alternate sites for a five bedroom residence. Lots 1 and 2 have split alternate sites which will require a more complicated effluent supply system, but the proposed drainfield sites on all four lots meet City and State Standards. Based on the above information, staff recommends approval of the application. tin- I' 111I I iiimr ~ r minutes of the ORONO planning CONMSSION MEETING HELD ON FEBRUARY 18,1997 (#7 - #2209 Spring Hill GoU Club - Continued) I^,,abbourasLed staff wetlah^s, bluff iiiipa ^ presented noting the need for CJJP and about Staffs ® Staff suggested tabling the application in ordeHo answer building per^t. ^ ^ Jabboi^said he was concerned with a cSf as being wdawSiw Wlw the emceimy^he if a subdivtsion vtei involved.\ ----------------- y ^ Smith asked Staff to address th\ail issue^elaborate on such plans. Lindquist L-otmed to the Park Comnnssion Vr^^essing that concern. Lindquist moved, McMiUan s«^^i to table Application «209. Vote: Ayes 5. Nays 0. (Hawn had excused hersel^.^the discussmn,of this application due to a possible conflict of interest.) / (Schroeder absentpdliimself from the meeting at this time.) -- --------------------------- -V (#4) M205 i^N SCHEFERS. 2540 CASCO PO^^OAD - CONDITIONAL USE PEi^ - PH "* 'C HEARING 10:36-10:37 P.M. :iUtrt.K3, 1C HEARING 10:36-10:37 P.M. Note-^^ng Commissiowr Hawn returned to her seat for thi>a^da item, Th^davit of Publication and Certificate of Mailing were noted. The Applicant was not present. Lindquist moved, McMillan seconded, to table Application #2205. Vote: Ayes 5,' SKETCH PLAN/CONCEPTUAL RE\TEWS The AppUcant was represented by Rick Carlson and Mark Gronberg. *• ..sss: MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 18, 1997 (U9 - #2208 Jyland Development - Continued) Van Zomeren reported that the property being reviewed for possible subdivision is located in the^-lB Zoning District, One Family Rural Residential, requiring 2 acre minimum lot size. The 21-1/2 acre property is located along County Road 6 and Hunter Drive She noted the p^cel with the existing residence is excluded from the parcel being considered for subdivision. The lots meet the code requirements. The subdivision would be a Class 3. due to the creation of more than three lots. The proposal is for 4 lots with one outlot with a cul-de-sac. Van Zorneren ^id their are unresolved septic system issues pertaining to the property with the existing residence. Steve VVeckman has determine that the parcel has no alternate septic site, and the current system is failing. Staff had desired the parcel to be included in the subdivision to allow an alternate site to be found for the septic. Van Zomeren said the drainage on the subject property is adequate. The property will be accessed from the high po'mt on Hunter Drive to allow clear site lines from the north and south. Mark Gronberg indicated the property had been considered for maximum development of 8 lots meeting the 2 acre dry buildable requirement. After probes and wetlands were assessed, it was determined that the slopes were near the 6% limit and woula require mound systems. This resulted in the subdivision downsizing to four oversized lots. Soil testing is currently being done and wetlands being delineated. Carlson said they do not plan on pursuing purchasing of the property vrith the existing residence due to the high cost of acquisition. McMillan asked what types of wetlands are found on the property. Gronberg said there are type 3 wetlands as well as two other small type 1 wetlands along the drainage swale and ditch area. He indicated a NURP pond would be constructed at the end of the cul-de- sac. Stoddard was informed that they expected veiy little change in the wetland delineation. McMillan inquired if any conservation easements would be necessary. Gronberg said there are normally drainage easements taken. Carlson said there were some conservation restrictions already in place on the property. The Planning Commissioners were satisfied with the sketch plan as presented. Carlson questioned whether there would be a problem in meeting the application deadline for the March Planning Commission Meefmg if the test results were not yet returned. Van Zomeren and Gappa said they would make that determination and inform Carlson if there was a problem. ■ / A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 1185 HUNTER DRIVE - FILE NO. 2218 WHEREAS, Jyland Development, Inc., a Minnesota corporation, (hereinafter the "developer") on February 21,1997 filed a formal subdivision application with the City for approval of a four lot residential plat of property legally described as: Lot 1, Block 1, Ten Oaks, Heiuiepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Mirmesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 17, 1997 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on March 24, 1997, the Orono City Council considered the subdivision of Jyland Development, Inc. noting the following findings of fact: 1.The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. 2.The property contains a total of 21.57 acres, where 18.47 acres is dry buildable and 3.1 acres is wetland. 3. The proposed plat consists of four residential lots each meeting or exceeding the 2.0 acre minimum lot area requirement. 4. Lots 1, 2, 3 and 4 are proposed to front on and access a private road to be constructed within Outlot A. Page 1 of 5 5.The applicant has provided a grading and drainage plan for the property which will accommodate the current development of four building sites. 6.Lots I, 2, 3 and 4 have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the proposeil single family residences. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the fmdings noted above, the City Council of the City of Orono hereby approves the preliminary plat for Jyland Development, Inc. at 1185 Hunter Drive per the survey dated February 21, 1997, most revised date February 28, 1997, attached as Exhibit A hereto by Coffin and Gronberg, Inc., subject to the following conditions: 1. 2. 3. 4. 5. The applicant shall grant to the City an underlying road and utility easement over Outlot A. Standard perimeter drainage and utility easements shall be granted over the entire plat. Drainage improvements to the property shall be constructed per the drainage and grading plan dated February 21, 1997, most revised date February 28, 1997, and as approved by the City Engineer, subject to a Developer's Agreement to be executed between the City and the developer. Private road and drainage improvement construction can commence after the engineering plans for such improvements have been approved by the City, the Developer's Agreement has been executed and Letter of Credit \%xitten to 150% of the cost of these improvements submitted to City. Applicant shall pay the standard park fees for Lots 1, 2, 3 and 4 per the current Park Fee Ordinance. Applicant shall develop covenant for Type 1 and III wetlands within Lots 1 and 2. The purpose of the covenant is to alert all future property owners of the need to protect the area if alterations are proposed to first obtain the necessary approvals from the Corps of Engineers and Minnehaha Creek Watershed District before applying for approvals from the City of Orono. Page 2 of 5 i (f 6.Protection of drainfield sites via fencing shall be placed prior to construction of roadway and drainage improvements, and shall remain in place until residences are completed on all four lots. 7. Outlot A shall be given a new road name, and address assignments for Lots 1, 2, 3 and 4 shall be consistent with the grid system. 8. Applicant shall designate Orono wetlands as drainage easements on the plat and grant flowage and conservation easements. 9. Applicant shall create maintenance covenants for road and drainage improvements. 10. No building permits shall be issued until a satisfactory road base and and drainage improvements are installed per City Engineer's approval. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of each month. Required submittals are as follows: 1.Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200'. Drawing to include: A.Lot lines platted per preliminary survey by Coffin and Gronberg, Inc. dated February 21, 1997, most revised date February 28, 1997, attached as Exhibit A hereto. B.Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. C.Designation and dedication of the Orono designated wetlands as "drainage easements" on the plat. Page 3 of 5 d £ r*» .. >. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C.Signed and executed Flowage and Conservation Easements over designated Orono wetlands within Lots 1 and 2. D.Signed and executed Developer's Agreement and Letter of Credit for construction of the private road and drainage improvements. E. F. Signed and executed Road and Utilities Easement over Outlot A. Signed and executed covenants defining responsibility for construction and maintenance of the road in Outlot A, defining future financial obligations of affected property owners. G. H. Completed "Application for Private Road Name". Signed and executed covenants for Type 1 and 111 wetlands within Lots 1 and 2. I. Signed and executed maintenance covenants for road and drainage improvements. Fees to be paid: Total due: S400.00 A. Final plat fee = $ 200.00 B. Legal review and filing fees = $200.00 Page*4 of 5 "3 * t c.Park Dedication Fee at the rate of 8% of the City Assessor's recommended fair market value of the land prior to development. Such fee shall be determined and paid prior to final plat approval. You will receive written notification as soon as the fee is determined. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 24th day of March, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was '.x^cuted on behalf of the City. Notary F ;’"fC Page 5 of 5 If ^UNcii ^AR 2^ REQUEST FOR COUNCIL ACTION 1997 ®^®'OBONO DATE: March 20, 1997 ITEM NO .= ^ Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2219, Penny Saiki--Front Yard Variance, Accessory Building Forward of the Principal Structure Variance 2874 Casco Point Road Zoning District: LR^IC, One Family Lakeshore Residential District, 1/2 acre, sewered Application: The applicant is requesting a front yard setback to relocate an existing garage and reconfigure the driveway to include two curb cuts to improve ingress/egress. The relocated garage would also be located forward of the principal structure. An addition to the existing residence would be constructed in the location of the existing garage. Pertinent Ordinances: 1.Section 10.25. LR-IC One Family Lakeshore Residential District Suhd. 6, Area. Height. Lot Width, and Yard Requirements DISTRICT STANDARDS Lot Area Lot Width Front Yard Side Yard Rear Yard Side Yard Adjacent to Street 1/2 acre 100 feet SOfeet 10 feet 30 feet 15 feet SUBJECT PROPERTY LOT AREA AND YARDS Lot Area Lot Width Front Yard Side Yard Rear Yard Side Yard Adjacent to Street 14,686 sq.ft, or .337 acres 110’ approximate 30' setback from street: 20 ’ setback from property line 8.3’on west side: 10’on east side 32’feet for proposed addition Not applicable The subject properly is .337 which is less than the required minimum lot size. The relocated garage would be 30' from the street, however the properly line is 10' from the street setback across part of the east half of the front loi line. Because of the unusual shape of the front property line relative to the street, the relocation of the garage requires a 10' front yard setback. 2. Section 10.03, General Provisions. Subd. 9, Accessory Buildings, D. Location No detached garages or other accessory buildings shall be located nearer the front or street lot line than the principal building on that lot e.xcept on lots which have frontage on a lake and rear yard adjacent to a street.... The proposed relocation of the garage places the garage closer to the street and front property line than the principal structure. The relocated garage encroaches approximately 3' into the required front yard based on the location of the principal structure. 3. Section 10.03, General Provisions. Subd. 12, Crowding Principal Buildings. No accessory building or structure, unless an integral part of the prineipal building, shall be erected, altered, or moved within ten feet of the principal building, nor within ten feet of another accessory building. The sketch plan for the relocation of the garage indicates tliat the principal structure and the garage would be separated by 10 ’. The applicant needs to verify on the building plans that the garage will be located at least 1 O' from the house. 4. Driveways It is a City policy that each residence have no more than one driveway unless traffic and safety conditions warrant a second curb cut for ingress and egress. The applicant has asked for approval to have a second curb cut to allow for improved visibility due to the limited sight lines along the curve on Casco Point Road. The Director of Public Services has reviewed the request with the City Planner/Zoning Administrator and recommends approval of the second curb cut. . List of Exhibits A B C D E F G H I J K L M Application Plat Maps Property Owner’s List Legal Name Form Request for Early City Council Review on 3/24/97 Acknowledgment Form from Adjacent Property Owners Existing Survey Proposed Surv ey Drainage and Hardcover Hardcover Calculations Floor Plans Elevations Approval Resolution Description of Request The applicant is asking for approval of a front yard setback variance to locate 20' from the property line and 3' into the required front yard based on the location of the principal structure and permission to install a driveway with two curb cuts. Issues 1. 2. 3. The lot area is 14,686 sq. ft. or .337 acres, the minimum for the LR-IC district is .5 acres. The proposed design does not require a lot coverage or hardcover variance. The garage is proposed to be located 20' from the front lot line and to encroach 3' into the required front yard setback based on the location of the principal residence. 4.The applicant has stated that she designed the addition and patio area to preserve lake views down the driveway and to allow for light. 5.The applicant has stated that the natural area to the east of her property often smells like decaying leaves and she would like to relocate the garage and build an addition that allows air to circulate through the patio area. 6.The Public Services Director has recommended approval of the driveway to provide safe ingress/egress. J 7.The applicant will need to verify on building plans that the principal structure and the garage are separated by at least 1 O'. Statement of Hardship The lot does not meet the minimum lot area requirements for the LR-IC district. The front lot line is unusual. Part of the front lot line extends to the middle of the street on the west half of the property and on the east part of the property the front lot line is 10' away from the roadway. The front lot line configuration impacts the relocation of the existing garage. Planning Commission Recommendation The Planning Commission recommended approval as submitted. COUNCIL ACTION REQUESTED: To adopt the enclosed approval resolution ^- n - —-g Application 0 )9 Date Received Amount Paid g^ao" CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 ;^s-Ca ^ .r\ (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) I': • f S'*' - • ^ ... 8 PROPERTY INFORMATION Site Address ____________ If <^<x> Property Identification Number (P.I.D.) '20117 *^^3) ^ Attach legal description to application ifji9t included on required surv*ey. Date Property Acquired, f not m( I (do not) also own the adjacent parcels of land. Present use of propert)*: /^residential ___^other (specify) Zoning District: - ((p______________________ .'month/yeaA AFPL1C.\NT Name _ Address: pa/NY.iVAlKi bx<copr i/ pr t<l9 City: I9RONK) Phone (home ) 1 0 *7 2- Phone (work) ^'71 "^0*72.- Zip: OWTS’ER (if different than app^ant) Name _______ p^i Phone (home). Phone (work)_ Address.Z Citv:Zip:, DESCRIPTION OF REQUEST Estimated Construction Cost $_|BE UDO >WlDescribe request in detail: 3^ Pt^0/V\ SI',m\\^ t^/v\ TX mp (s um foK smegrT (attach additional sjieets if necessary) VARIANCES REQUIRED Lot Area Lot Width / B yX^ Setback: X Front Side Hardcover Rear .Lot Coverage Average Lakeshore Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty ur unusual proper^ conditions prewntine compliance with Zoning Code requiremen^^H^ '• c'ft lAiMrr Trt rol lO/TCnnkl Pit /yrr fr nCCf\ fir» Ktsep Ak Art^^/P)HgMT .rrREfir coueiA^ mak . iWM) uiKG- TP KGGf ikfcRBMC' IF iS)^e weasj id wvf\ptG dti &A5r Sl(^ Pit 1ST.AT 6ACK.(glu;AWr It K66V ^ A A m A • ^ A V m i w ^ SO CtNT I • \ REQUIRED SUBMITTALS All of the following information must he submitted bv the anplicatinn deaHUne date in order for vour application to be cnnUdcred compir* 1. 2. J. 4. 5. 6. 7. 8. 2i Completed Application Form Certified Property OwTiers List of owners within 150’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Gon Center, 348-3271). CO. OiJ Certificate of Sur\'ey (signed by a licen^6PSin^?%-5^&id include hardcover calculations as required. In addition, provide one (1) copy SVi" x 11" for reproduction. * '------ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8'/2" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy S'A" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include r..tne(s) of applicant(s) if not current owner(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. / The Applicant and Properly Owner must sign this application. Please remember that vour variance application is not complete if the above information has not been included. ("'VOOOU) 1/|K£ to viHfl AFPI.1CANT’S SIGNATURE ^ WB-N Thi applicant hereby agrees to prc'” ^" a!! information required or reimested by the Zoning Administrator, (agrees to pay additional tees (staff time not covered ^/original fee payment) and/or consul* ant expenses incurrv*: in review of this appIicationJ\nd certifies that the information supplied is true and correct jo the best of his/her knowleclge. Applicant's Signature Date ‘T? OWNER’S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investigation and verification of this request. Owner's Signature %/<A Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. (>9/ > / ?•</. ^ «y/^/ ' "/ So / '13/ / / /K S A /r*. 7^/X. /r^ \7 S^"'( B ' ' 7 ri 6} ^9. ^d A ^ ^ )/4 ’I0 ,A.9 ^/7 /■'• A /i<f' / '^ /^ %/ ^ (o2) o'* v.y A /. ^ y ^ 1.3/ / 7/32-,/„ '^ ><•.'.// •?/ ^ A /-/ / ^.s./--^ 2^/, / ■‘>^// < /( 58)4-- '-/<ir / ■/?W-<o,l27 / ><^SLd^4 0// ''/ /(5l / ^4^a:,^35Vm.>/^ / ■ c/ft4 -/-.>N -=-20.98 >X1^X '0\^VV\36 // ''X 'n /'V;^ / /v'^ Xx|x // ,v '"^ <u /'v' * ., ., ' '^<1 Xa-./7 /XV a sA)a/ i//X. / /./ t4X--rXA, Jpc?,=, ( V ^ ^* A -v*^ 'O 'V n N> 'V X G ■ "'^■ (27) /'"’ X- - 'A; J' L-( ff. 1 / \/iK XX-iX U6)Xx / X > ,rX \, '-X-c 18, A-'-i■■ “^"C /84 A'"V n /n I - \ •— • . O' /a -y 05 F K^.; AX&Tk'^.o, AX'" /-•^ • I \XX/X ;\ \5j.\^'"' .^..-Av^,^ no / /Xa' X 109 / X' \/'X' \ ( ■X X7 ^•O X \ x\ ^\ xp , V ^ ~ / ----- '* ' \X \ ^ > V 'A '" X o 7/A{ 57)V a , / 107 X '• \ ./''■ XV' X (S-W'.fl XX \ / ^\ A 7. « \ X r V.ir / H (28) X NX *\/v\ ;<v\ ^^<2^97 A' \ / \ X/X'X'5'X X' /' X v\ A\^3 x A v cX A'X x XX A /' t X a ' ^ SOjX.x r\/ \ \ < ,, a; x -K' V ''A^rX^OT x;?- A A B.hlbi I- (3 '\ /X \/ \ ^ 'A'5b X-''^^ /'\ X/ ^ Xo,X.'^'X? X 94 '"v aX"V'^^'X \ / / < '^X^• A'X^- c-# V : j RUN DATE 02/21/97 BATCH 513 PROP AODR ONNER NAME TAXPAYER NAHE/AOOR PROP ADDR OltER NAME TAXPAYER NANE/ADOR 38 20-117-23 31 000^ 03703 CASCO AVE CARLOTTA F GABLES CARLOTTA F GABLED 3703 CASCO AVE HAYZATA HN 55391 38 20-117-23 31 0021 00038 ADDRESS UNASS16NED NErtCPIN FORFEITED LAND CITY OF OnONO PARK 4/13/79 ST DEED 156754 HENh^PlN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY C3t«RS LIST 38 20-117-23 31 0005 03709 CASCO AVE R PRESLER/C J PRESLER TRSTES ROBERT PRESLER 3709 CASCO AVE NAYZATA MN 55391 38 20-117-23 31 0024C 00038 ADDRESS UNASSIGNED HENNEPIN FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEED 156754 REPORT NO. PI435401 PAGE 31 38 20-117-23 31 0020 02874 CASCO POINT RO PENNY J SAIKI PENNY J SAIKI 2874 CASCO POINT RD ORONO MN 55391 38 20-117-23 31 0023 00038 ADDRESS UNASSXGNED PENNY J SAIKI PENNY J SAIKI 2874 CASCO POINT RD ORONO MN 55391 c. . PROP ADDR ONNER fOME TAXPAYER NAME/ADOR PROP ADDR ONNER NAME TAXPAYER NAME/ADDR PROP ADDR ONNER NAME TAXPAYER NAHE/ADDR 38 20-117-23 31 0026 02900 CASCO POINT RO D SIGmFOOS ETAL DONALD SIGAFOOS 2900 CASCO PT RD KAYZATA MN 55391 38 20-117-23 31 0054 02879 CASCO POINT RD L D 8 K E ELSEN LAWRENCE D 8 KATHERINE ELSEN 2879 CASCO POINT ROAD HAYZATA MN 55391 38 20-117-23 3) 0058 03721 CASCO AVE D R HELTY 8 M M JIN D R HELTY 8 M M JIN 3721 CASCO AVE HAYZATA MN 55391 38 20-117-23 31 0027 00038 ADDRESS UNASSIGNEO HENNEPIN FORFEITED LAND CITY OF ORONO PARK 4/13/79 ST DEED 156754 38 20-117-23 31 0056 02871 CASCO POINT RD R E HOLFE R E HOLFE 2871 CASCO POINT RD HAYZATA MN 55391 38 20-117-23 31 0067 02868 CASCO POINT RO CHARLES F NELSON 8 WIFE CHARLES 8 LUCY NELSON 2868 CASCO POINT RD HAYZATA MN 55391 38 20-117-23 31 0053 02895 CASCO POINT RD RICHARD G HELSTROM ETAL RICHARD 6 HELSTROM 2895 CASCO POINT RD HAYZATA MN 55391 38 20-117-23 31 0057 02835 CASCO POINT RO ROSEMARY C IVERSEN ROSEMARY IVERSEN 2835 CASCO POINT RD HAYZATA MN 55391 .) J: -cj TOTAL BATCH 513 00014 RUN DATE 02/21/97 BATCH 513 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. PI^35401 PAGE 32 H ‘ : J. c 1 LAWt) H=^ 1ZZ\‘^ IT^M 1^ ^'SeM KAMe cp TJfp- f^SOKl VVlTTi ii^rew 'NJ TW PPofW IS PBm SMKI, A SlMG-l^ p^O(.l. eyh’i)-4b 2./ai /^7 p.- Wz. VAKJ , f^NlWe AD(VVl^!lS1fWt)^ f^\’- p6NS*f ArpViGArnow ^2^ AT 9^74' fT PD 0MVV3e- i-DCATlcM 1 ' "H^ VAp'lAIvCe 1S ApfpDV6l9 lAVkVii/WOUSlY '^■^1 ~W f^A^l^J(^)6 ^ /7\^^i(S- Ofoccam^Siow AV<PA+ n, \ \\'0{I\X2i /VpfpDz^M^ peview /Vr ^ 0(?VKR4'u / VW V^v > r- received m 0 7 'W Adjacent Property Owners' Acknowledgement ForW" Or OHONO I (we) Q^V>q> I a. s ^ J V \ of C,-cx*^oo [print name(s)] [print address] have reviewed the plans for the proposed improvemeni or proposed use of the property located at OiSO) also referred to as Land Use Application No. '2^2 1 (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. (^±A^ihyisL-3-r-c^ 7 Property Owner Date Propertyirtv'O'vvn \ -S' ^ Date ♦ !■♦*♦♦*♦*♦*♦***♦***************************************'''***♦****** ( . <1/1/7^ of GfC'' p’j- P-j) [print nam^s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at Vf Z^F fW______also referred to as Land Use Application No. . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor ’s project or use requires Council approval. Property Owner Date 1 % Q/Vi -Ts - TS - H ^7 Property O^er Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting dat. i # L. A 4 . WW.- Vm t • ai^*^** I 11^ , V • •i :■ .1 / \ r ¥( ^^3 W ?Vj V^UNSB + H?Wa?V5f. 1?5M0 (■■■) \'<W 1 ■ * ' '#^«K—— - <•1- —^ .. rW9^^ ^“- jf^'y ■m SETBACK ZONE: (CIRCLE ONE) ••75' (•^Cy JSXBIIHC HABBCQYER IN Z A. Hovw 5. HARDCOVER CALCULATION WORiC 75450* - . ■; ' • »'■ SET (■'■ ' ■'■•: Co A X I u,7 {r-r. Un^ f" Oaitfe C. Drivtwigr sr m iMCkiii -37 iE Oi) D. SUfwilk m 2.1 «5 ,li>' ^E. HMktk u Iff j/U KA;'J. /v' v7»%*- £ F. lamhcapf _ UnderUin _ By Plaitfe _ ^5T vjf-y^ O. OlhtrlWS /-' y wr WMh 13.2.■‘ .. s *>.. u. ^ •. Q. iofC^ f-fT 'I.; ( *: 2.2> 2- 111 »:'r. ) 12 £,S M \0 1 til c, r &.- TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE * B I *» f ^ii' /JC •*' ' WM»»nMm wamcover in zone A. House ___________‘ ics: - foiHi) ■J: AiT'T’Oli l^lNVv C7 B. Oange C. Drivewiy '2Z D. Sidewalk 'is E. Pido/D^ F. landicape Uoderiain By PiMtIe WMh 2^ HI '-II. 2, S7 ' .<;> i.i. S.F. :4Hs.r Mb 5>- fS2. T7 7T 3(tf t T¥1 50 56 o. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE * B X 100 - rfiiimiii-MTnrrf--I III fiiiflmmti 1^1 ifUi'irtinVi ,(3.S.F. i> S.F. r ®S.F.. S.P.-1 f2u. S.F.i ^ (S)' S.F. S.F. .• ' ■J S.F. © S.F. S.F. S.P.- r S.F. S.F. % A B S.F. S.F. (§ S.F. ^ ______S.F. ^40 s.F.‘ ® S.F. © S.F. S.F. (Q S.F. 1^2. S.F. ® ___________S.F. S.P. S.F. S.F. S.F. ___S.F. S.F. ft A B if ■ \ • ■’v:d 1 ► \’ GITYofORONO Municipal Ofllces ^^«8bo;^ Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323 0066 HARDCOVER ORDINANCE - In 1975, the Orono City Council adopted an ordinance limiting the percentage of lot area that can be covered with impervious surface ("hardcover") such as roofs, driveways, sidewalks, etc. on properties located within 1,000 feet of a lake. Smdies have shown that sediments, oils, and debris carried into the lake from highly urbanized areas have a detrimental impact on the quality of water in the lake. The intent of Orono ’s rdinance is to ensure that n infall run-off will be cleansed by filtering through grassed or vegetated yard areas before entering the lake. Hardcover Zones - Allowed Percentages: 0-75 0% 75-250' 25% t_-350-500;_______ -30?/o 500-1000' 35% Hardcover includes: - Roofs - Sidewalks - Paved (r gravel driveways - Patios & decks (includes slatted decks) - Tops of retaining walls & rock walls - Decorative landscape areas underlain by plastic sheeting or fabric - Any other surface that does not allow direct absorption of rainfall into the ground v INSTRUCTIONS FOR COMPLETING HARDCOVER CALCULATION WORKSHEET 1. 2. Circle which setback zone (0-75', 75-250', etc.) the calculation is for. For each item of hardcover within that zone, enter the length and width, and multiply to get square footage (s.f.). 3. 4. Add up all the square footages to get total square footage of hardcover. Divide by the total area of property within the zone and multiply by 100 to get percentage of hardcover in the zone. 5.If changes in hardcover are proposed, you should do a "before" worksheet and "after worksheet. If either results in percentages greater than those allowed, contact City staff before proceeding with your project planning! Telephone (612) 473-7357 • FAX 473-0510 12 I i i&v- ■ ■■m % *i V • ... . ‘\ -•' >v > ■ •. • V ' ■ ■••• ■rp:. ■ J •‘r is :: A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.25, SUBDIVISION 6 AND SECTION 10.03, SUBDIVISION 9 FILE NO. 2219 WHEREAS, Penny Saiki (hereinafter "the applicant") is the owner of the property located at 2874 Casco Point Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 38, Block 4, Casco Heights and Tract C, Registered Land Survey No. 461, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 to permit relocation of an existing garage to be located 30' from the street and 20’ from the front property line where a 30' setback is required. Per Section 10.03, Subdivision 9, to permit the relocated garage to be located approximately 3’ forward of the principal structure where no accessor>- building is allowed to be located nearer to the front or street lot line than the principal structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Miimesota: FINDINGS 1. 2. This application was reviewed as Zoning File #2219. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The property consists of 14,686 s.f. or .337 acres. 3.The Orono Planning Commission reviewed this application on March 17, 1997, and recommended approval of the proposed variances based upon the following findings: Page 1 of 4 4. 5. A.The proposed design does not require structural lot coverage or hardcover variances. B.The applicant shall verify on building plans that the principal structure and the garage are separated by at least 10'. C. The proposed design preserves light and lake views and allows for air circulation on the property. D. The Public Services Director has approved the proposed driveway with two curb cuts. 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 ser\e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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 10.25, Subdivision 6 and Section iO.03, Subdivision 9 to permit the relocation of an existing garage to be located 20' from the front property line, 30' from the street, and 3' into the front yard forward of the principal structure, including a driveway with two curb cuts. Approval was subject to the following conditions: 1. The relocated garage shall be located at least 10' from the principal structure. Page 2 of 4 ^4 i •! 2. 3. 4. 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 (March 24, 1998). Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of March, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner (s) Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199___before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199___before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 J I REQUEST FOR COUNCIL ACTIONDATE; 3/21/97 ITEM NO.: ^ % Department Approval: Name Liz Van Zomercn Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: fflllQ, William and Karen Peters-Height Variance & Average Lakeshore Variance 1950 Concordia Street Zoning District: Lot Area: LR-IC, One Family Lakeshore District, 1/2 acre, sewered 25,345 sq. ft. or .58 acres_______________________ Application: The applicant is requesting an height variance and an average lakeshore setback variance in order to construct a new residence on a vacant lot. Pertinent Ordinances: 1. Section 10.25. LR-IC One Family Lakeshore Residential District Subd. 6, Area, Height, Lot Width, and Yard Requirements DISTRICT STANDARDS Lot Area Lot Width Front Yard Side Yard Rear Yard Side Yard Adjacent to Street 1/2 acre 100 feet 30 feet 10 feet 30 feet 15 feet ^1' V. ' #2220, William and Karen Peters 1950 Concordia Street-Variances 3/17/97 PC 3/24/97 CC page-1 ^ i SUBJECT PROPERTY LOT AREA AND YARDS Lot Area 6,600^ 18,745=^ 25,345 sq.ft. (.58 acre) Lot Width 201 feet Front Yard 33 feet proposed Side Yard 18 feet proposed Rear Yard Not applicable Side Yard Adjacent to Street 20 feet proposed The subject property is 25,345 sq. ft or .58 acre which exceeds the minimum lot requirement for the LR-IC zoning district. BUILDING HEIGHT Section 10.02, General Provision. Dejinitions, 13. "Building Height" The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the uppermost point on a round or other arch type roof, or the average height of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level above tne existing terrain shall not be considered in determining building height. The allowed building height in the LR-IC is 2.5 stories or 30 ’. The plans submitted show a walkout basement to the lakeside, a main floor, an upper floor, and an obserx'atory. The proposed elevations do not include building height. The applicant should provide a grading plan to confirm the proposed height and perhaps reduce the building height by removing or redesigning the observatory to conform with the zoning district's height requirement. 2. Section 10.02, Definitions, 35. "Lot-Corner" A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. The interior angle of this lot is 119 degrees. M2220, William and Karen Peters 1950 Concordia Street-Variances 3/17/97 PC 3/24/97 CC page-2 3. Section 10.02, Definitions, 39. "Lot line, front" That boundary of a lot which abuts an existing or dedicated public street, and in the case of a comer lot it shall be the shortest dimension on a public street. If the dimensions are equal, the front lot line shall be designated by the owner and filed in the office of the Building Inspector. Concordia Street frontage is 233.25' Eagerness Point Road frontage is 201' The front lot line is measured along Fagemess Point Road and is not dependent on the street address being on Concordia Street. AVERAGE LAKESHORE SETBACK 4. Section 10.22, Subd. 1. B.. Lake.shore Set Back Regulations. The setback from the shoreline for lakeshore lots: B.No principal or accessory structure shall be located within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. The proposed residence is 103' from the shoreline. This is a comer lot. There is an adjacent residence on the east side only. Staff has previously determined the average setback line to be based on the adjacent property to the east. The line drawn on the survey is based on staffs previous determination. The proposed deck is approximately 8' forw ard of the average lakeshore setback line. A variance for the 8' encroachment is required. List of Exhibits C D E F G H I Application Plat Map Property Owner's List Proposed Survey Hardcover Calculations Elevations Floor Plans Photos Acknowledgement form from adjacent property owmer's !t2220. William and Karen Peters 1950 Concordia Street-Variances 3117197 PC 3124197 CC page-3 J Staff Notes re: average lakeshore setback K Approval Resolution Description of Request The applicant proposes to build a new residence on a vacant lot. The lot has been vacant because a hazardous building was removed from the site. The proposed design includes a basement, two levels of living space and an observatory. A double garage is proposed with access off of Concordia Street. The applicant requests an average lakeshore setback variance to allow the proposed deck of the new residence to encroach 8' into the required setback. The applicant is also requesting a height variance of r 4" to be able to have an observatory. The applicant has reduced the original height of the observatory by using a different construction method which lowers the proposed height. Issues 1. This is a comer lot. There are two side yards and one front yard. 2 The lot size is conforming to the LRl-C lot size requirements. The proposed side yard setbacks exceed the minimum standards. 3. 4. 5. 6. The proposed deck encroaches approximately 8' into the average lakeshore setback The deck would be located approximately 103' from the shoreline. The deck will not interfere with lakeviews for any adjacent properties. The building height has been reduced since the plans were originally drawn. The height variance has been reduced from 2' 5" to 1'4'. The lot has been combined into one tax parcel. The proposed design is in conformance with structural coverage and hardcover requirements. 7. The applicant has designed the new structure to save mature trees on the property. 8.Moving the structure further to the north would impact the root system of a large tree and reduce the parking pad from 20’ to 15' which could not accommodate some longer vehicles. It would also cause the garage to encroach further into the side yard along Concordia which is a front yard for adjacent properties. #2220, William and Karen Peters 1950 Concordia Street-Variances 3/17/97 PC 3/24/97 CC page-4 -I Statement of Hardship The location of existing mature trees on site, the unusual shape of the comer lot having two side yards and a front yard, having part of the lot located across Fagemess Pt. Rd., and the average lakeshore setback based on a property that is across Concordia Street all contribute hardship. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the proposal as amended by the applicant to reduce the needed height variance to 1' 4 The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission's recommendation. COUNCIL ACTION REQUESTED: To either adopt or amend the enclosed approval resolution. . f( I M2220, William and Karen Peters 1950 Concordia Street-Variances 3/17/97 PC 3/24/97 CC page-5 CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $220.00 ($50.00 per each additional variance) Renewal Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address coN>coap<A Application if Date Received^ jOTS Amount Paid JlADtOO C%. y$V'., VI ; «: • > ♦# .>8 y CVJ 8 Property Identification Number (P.I.D.) \^-\\1’~2.3 ool4>____________ Attach legal description to applic.ition if not included on required survey. Date Pr^eitv Acquired_____ Cp^_____________________________^(month/year) I (do) also own the adjacent parcels of land. Present use of property: X" residential Zoning District: 1.C other (specify). APPLICANT Phone (home) M~7Q - \ ^ Name ______ Phone (work) SS-1-22.Z3 Address: 860 City: _____Zip: S~S3 t~? OWNER (if different than applicant) Name _________________ Phone (home). Phone (work)_ Address:City:.Zip:. DESCRIPTION OF REQUEST Estimated Constmction Cost $ 2S'o^ooo.ci Describe request in detail: ^xUUT- uitac “FbA ?goPo^ex>___ \-VtyO'Sg- •^Tt2-Oc-TQgjg .> T)<c<->K 0\tc<l.v>tPS •Vl)n0 —hV S PC» (attach additional sheets if necessar)') VARIANCES REQUIRED Lot Area ___Lot Width Setback:Front Side Hardcover ___^Lot Coverage _ Rear Average Lakeshore X. Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Tl-lC^ urT \5 TiXh\iC>OLPtrL UllTUr>vAT- ArD^A.Cft~»-r \{k<LfrtJ~r LAvJn AisJP —fiLiSsl—Q,0/sJc,CfwC>t —•'V'Vig— -THr^ L-OT^ i-vt>o»j6Jgg- -Ha ig- d-g-g-le <sA-;\\ ■SitHr v^iKje "tiV fefT* (attach additional sheets if necessar>') K J REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. 2. 3. 4. 5. 6. 7. 8. Completed Application Form Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Govt Center, 348-3271). C ertificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SYi" x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy 8 ‘/j" x 11" for reproduction. Sketches or plans of floor & elevation views (provide one (1) copy SYi" x 11"). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current ovvTier(s). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance appliention is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correa to the best of his/her knowledge. Applicant’s Signature (A lij^ —2//^7 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entr>’ onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investig^on ai^d verification ^of this request. z./ziA?Owner's Signature Date Applicant must have all submittal/ into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 8 ,«55 J <l» ' ,/ W / 156 4 *^^7^ IPi3 n V ft »•« » V" ** /<: - -V- ......................... ... *•.• ' \ V^ V \ / z:' (31) J 11 li7'2^■Z3 •'S5?A56S055'S SU?P8.S']fiEKT 70 S?aiMC ?ARK" ' # / / /> .W r^x ^ \ X.:A RUN DATE 02/ie/97 BATCH 505 PROP AODR OWNER NAME TAXPAYER HAHE/AODR PROP AODR OWNER NAME TAXPAYER NAHE/ADDR PROP AODR OWNER NAME TAXPAYER NANE/AODR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 17-117-23 23 0006 01920 CONCORDIA ST JOHN E HEIST ETAL JOHN E HEIST 1920 CONCORDIA AVE WAYZATA MN 55391 38 17-117-23 23 0028 00038 ADDRESS UNASSIGNED J P 6 P J THIMtiESH JOHN P & PATTI J THIMMESH 1945 FAGERNESS POINT RD WAYZATA MN 55391 38 16-117-23 14 0011 01951 CONCORDIA ST J B HALDROH A L H WALDRON JOHN B A LYNN H WALDRON 1951 CONCORDIA ST WAYZATA MN 55391 38 18-117-23 14 0014 01925 CONCORDIA ST THOMAS M KONAT THOMAS M KONAT 1925 CONCORDIA ST WAYZATA MN 55391 TOTAL BATCH 505 00012 /* ' Vh \\ .* V 38 17-117-23 23 0017 01940 CONCORDIA ST ERIK A THOMPSON ERIK A THOMPSON 1940 CONCORDIA ST WAYZATA MN 55391 38 18-117-23 14 0009 01965 FAGERNESS POINT RD G L EKLOF A C F LEE GARY EKLOF / CATHY LEE 1965 FAGERNESS PT RD WAYZATA MN 55391 38 18-117-23 14 0012 01945 CONCORDIA ST R W RAGATZ A J I RA6ATZ RICHARD W A JILL RAGATZ 5709 AYRSHIRE BLVD EDINA MN 55436 30 18-117-23 14 0015 01905 CONCORDIA ST N A C BERGLUND NORMAN TENNER BERGLUND 1905 CONCORDIA ST WAYZATA MN 55391 / er' M o V. J fr REPORT NO. PI435401 PAGE 13 38 17-117-23 23 0018 01945 FAGERNESS POINT RD J P A P J THIMMESH JOHN P A PATTI J THIMMESH 1945 FAGERNESS POINT RD WAYZATA MN 55391 38 18-117-23 14 0010 01955 FAGERNESS POINT RD M S IVES A K F GEMPLER MARIS IVES A KARLTON GEMPLER 1955 FAGERNESS POINT RD WAYZATA MN 55391 38 18-117-23 14 0013 01935 CONCORDIA ST THOMAS W LYTLE THOMAS W LYTLE 1935 CONCCRDIA ST WAYZATA MN 55391 38 18-117-23 14 0016 01950 CONCORDIA ST W F A K A PETERS WILLIAM F A KARAN A PETERS 860 SADDLEBROOK PASS CHANHASSEN MN 55317 i i P .‘1 FORC“=5T'F!CATE SUFVE^ BILL PETERS C/^ -0;S 23 AND 24, FAGER^iESS -i'-'NNEP:N COUNTY. .V!\’NE307A nk«H\ w% / . ft!.** *i » T' m i' f • 'im.I ^ !••• <■'.' m. ^.‘■y w. ■ fi >-':^** .V -• l/l'.S .1 •** * cw*» c* .i* «-. a-c r* o- a-c»- c* * ^ 24 - ♦ -• ..-r ,:.. .nt -e-ci .* 4 i- -c v t-r. or^.. .7 j* i •’*•' -.♦•••. -4 j* tua .i.t kj •wt-crr. • c*. /.'.T'V \*'*V . ..* -4 V .^cf :-« 4 o* ■ ’. V*.. ^ ..V * . <**“ ••• V“-*4.C*4C C4 •.•:• .• 4. r co-: *T **f 3 *<-r4 ?-t ‘V ** • • •* *'*}■ •*"* “* ’*•■ 45® o*®* S*c » I : f# ♦^frc* e. C*c t«* %/se i/c'** 'V*-*. • 1-Vj C4,-r>. v-4«u>v. 5» .cc w r a, •. _ .|-4.-. 0-. , 4* r .. :.^ >• >C.‘. I! t, Vr-«0(K> 4. 54 • -.C-e SC-ICJO* •"•••a* V> - V.- • rc4r ' ♦ •.-li-r ccc>-o>a v "rr Vo‘ • ‘ i* .......... * •^■’ o”'t a- f, 9«,te -.• >-c^ - >i: ».-e .-^M. r; *.•!■•:- ••■.A* ff -C3- e« ce;.- •» •.'*4 t*f»* lw»^0or ’#» (,T ••f T«k«i^ a*'-0^»*| • ' 0*i^rO •>|r«»i»<4 a4 9m r«4 »14r r*44ifc»4CT ••C-* •;»* >#•»»» !o t-04 '•411 |4 «4 k-S'.M»\ COFFIN&GRONBERG, Ii\C. I ■JjMl* , ! ■> ,•■ I ,1 IJi#. X.f /■, i.**.' I.muf.uk • l.’O^Lik. \L\ .•1: ;Hf' I icnm iKM thfi. ««ir%.4 « j« r«r|wn J K 4* .• unji'i tm J f%\i mttsf %»«44< ^ 14OT 4 j««t» *«4^'*«i«^lCAif JVnkvtJuJtjivl'tvfxrk^v^f^rr •*®r »« iK* Soir »• \>ir>r>%o _______________________________________ VUk N VL«..v^44 j k«ft^ \iMnt4t ir" H 4I» r.jflT LM «V 5-2l« • •■ %4 MItJ HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75'75-250’250-500'500-1000' EXISTINO HARDCOVER IN ZONK A. House Length Width /6>^7 S.F.O X X X .F.© .Fi® S.F S.F S.F. B. Garage C. Driveway ZM Aoo X X 3C.0 S.F.® S.F.® S.F. D. Sidewalk X X S.F.© S.F. i • •*'v. E. Paiio/Dcck X X { .V- F. Landscape Underlain By Plastic X X X -•rl .F.® .F.® j . ‘-i G. Other S.F. ^ ----------------------------------- PROPOSED HARDCOVER IN 70NF. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 3^3^ ^ B 11 33f\ X 100 17^ S.F. S.F. % A B A. House Si; S.F. Length Width <5 X X X S.F. S.F. S.F. B. Garage C. Driveway S.F. X X S.F. S.F. ■1 r I T i , ■4. ■ r, ” =5 ir - V\gVo 1=i^oH FftGel2j^£s5 px PX). CLNOE.S 1DI=? XI. • ^rfiw . •'» iV ■ *r -r.3:* "T\ fsars39Mfi MlNKCfONKA PE5I(5N, INC. ao W. 70^ 1fL<«l7) ^T^TmO rS ?*I2) :cBV»nm Im>r> U4 /^K & lllOrP i uLuxuJ9_ VUEVsJ FiSoh CoisJCc^^ir!^ sr. I •/ vj.. ; y.y w*' **»• < mm MINNETCIMCA PeSkSN.INC. ao W. TfiMi. ^ 2K> ffl ^^I7> <^M-7-»-OrA*<dl7> 4909 b^JKr ALLKaUlUW*1 — 1a •ff. ' ^ Vlievo TKOM /VCUACeHT ?|20P€«V *>. "• t 'TT MlK^erONKA l?E5li3N, INC. OO W. 7a^ ^ 210 Ow«WMiV MN »»9I7 tit < 612) '7440 TAX <«I2> tfll jjfr" [rrr&y*^XmA^rSTf AltKgLlUW li8To«p| pgnw 0770 h I / / / / / / /\(gaoinm V \ \ \ s \ \ / / \ \ / V / \ /V \ \V J1/ ■ t- U •I*' I • •nmmm •9t 1E‘ k . ■ i I .■ A" rFI\ -i J r“ ^;t*vr L>^<? Tn;^^esV.'s, M • >t- • ' < ' . . * ' i '.V >r f^: II Nifas^ (4 V' _ fJxS ‘V-rLC :-^ * Vl5 ^ LOT" t m m i ^ ■ .V^.P^Iv«sSkJ I' '^r' ' ' *j5 V:> r^!h - >'■ ■ f--' »‘ * / ^, ; V P-T■^ i V / V I '■: i ' ■ i ,■} '-nil r* YT2-€^(;? L \ ^ Viv:^ [ Hlr "1^^- Pt P^\ -» vl ^ j NT£t^ ■''. ?-*® kWM Mm : /V ' - * 7, i:. t -V •> f, •i V* 1 "* .•^■•V1 k : '•*• " ■ mm J._. m ■■ Sfe- flfc ,..< ■'■'-■• ■ St Ai^ • .- ' • 5r<\fe^l^S-s cv ’ >'VU' • ^;Vk '»i '’ Uiv-n IGt 'B c ^TLV! etv^j “P"Vi^ ^U>Pi'^(^T\<Er^ \ ^ 5 ^ '■ • 'V r V To Whom It May Concern; In regards to the Peters property located at 1950 Concordia. We have reviewed the proposed sight plan and elevation drawings of the structure. The sight plan does indicate that the structure will project into the sight line of our home as dictated by the Orono zoning code. However, based upon the tree line between the lots and that also there is no lake view in the sight line direction, we see no reason the Peters structure, as indicated on the proposed sight plan, should not be granted the sight line variance. Mr & Mrs. John Thimmesh Z'- 2.0- 99 Date: V vj O ^ *J~T - tr^ fy* fL'^ ' ?cy=>2T pvA T <CtrB.KOf~ 'be-F. poR- \j^ ue>r /fy? F^<= > ^ loT AR e-r, <1 O.WS A=. (\LU /M 7S'-2Z^' 2^0{? (^f^OT PCCO'J t^Tlf V. ^ fiOT^ • l>j2s^\{^c> ^'10-^1^ Ar^STAP/^'D'v^acSS/oP^ ZS'^/o l^f-.dDCD'JtR. Oc •'lizv i-r. 5fc?rfiAe*^/Aj ^Ae-/c. 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) AND SECTION 10.25, SUBDIVISION 6 FILE NO. 2220 WHEREAS, William and Karen Peters (hereinafter "the applicants") are owners of the property located at 1950 Concordia Street within the City of Orono (hereinafter "the City") and legally described as follows: Lots 23 and 24, Fagemess including accretions between said lots and Lake Minnetonka, described as follows: Beginning at a point on the Southerly line of Under the Linden Avenue which point is 42.15 feet Southeasterly in a straight line from the West comer of Lot 24, Fagemess and at an angle of 119 degrees 24 minutes from the Northerly line of said Lot 24; thence in a straight line of said angle of a distance of 61.5 feet to the low water mark; thence Easterly along low water mark to the Easterly line of said Lot 23 e-xtended. Southerly; thence Northerly along the said Easterly line of Lot 23 extended, a distance of 57.5 feet to the Southerly line of Under the Linden Avenue; thence Westerly on the Southerly line of Under the Linden Avenue, a distance of 194.2 feet to the point of beginning, said accretions being subject to the right of the Board of County Commissioners of Hennepin County, Minnesota for the County of Hennepin, State of Minnesota to maintain the height of water in said Lake Minnetonka as nearly as practicable at a point 10 feet 3 inches below the top of the Northeast pier of the bridge over Shavers Narrows at the entrance to Gray's Bay, said bridge being situated near the Southwest comer of Section 8, Township 117, Range 22 West, that certain point being at a height 218.335 feet above the datum line of the City of Minneapolis, Hennepin County, Minnesota as said datum line is officially established by an ordinance of the City Council of said City of Minneapolis, as is more particularly set out in District Court case file number 73992, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County (hereinafter "the property"); and Page 1 of 5 WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit the construction of a deck to the lakeside of a proposed residence to be located 103' from the shoreline and 8' forward of the average lakeshore setback where no such encroachment is allowed. Per Section 10.25, Subdivision 6, the height of the structure is proposed at 31' 4" where IVi stories at 30' is allowed. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #2220. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District requiring one-half acre in area. The property consists of 25,345 s.f. or .58 acres. The Orono Planning Commission reviewed this application on March 17, 1997 and recommended approval of the proposed variances based upon the following findings: A. The subject property is a comer lot with two side yards and a front yard. B. The lot confomts to the LR-IC requirements for lot area and yard requirements. C. The lot has been combined into one tax parcel. D. The proposed design conforms to structural coverage and lot area requirements. E. The City has received no negative comments from adjacent property owners. F. The applicants are trying to preserve mature trees on the subject property. Page 2 of 5 ■ ----------------------------------------------------------- 4.The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.25, Subdivision 6 to permit construction of a new residence that is 31* 4" in height and includes lakeside decks that encroach 8’ into the average lakeshore setback. Approval was 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 (March 24, 1998). 2.Violation of or non-compliance with any of the terms and conditions this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 . i 3.The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of March, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 ■t. * i k ■ I ■ ■ MI > i STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, befoie me a Notary Public within and for said County, personally appeared___________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of ss. , 199___, before me a Notary Public within and for said County, personally appeared__________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. REQUEST FOR COUNCIL ACTION DATE: March 20, 1997 ITEM NO .: /O Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2223,Lake Minnetonka Big Island Veteran’s Camp 100 Big Island Amendment to a Conditional Use Permit Zoning District: RS,Seasonal Recreational District Application: The applicant is requesting permission to move an existing cabin from the north side of the island to the boat docking area on the south side of the island. The cabin would be upgraded to function as an administrative/greeting location for visitors to the camp. Pertinent Ordinances: I.Section 10.31. Seasonal Recreational District, Suhd. D, Overnight Camps Land or structures owned or used by any public agency, unit of government or any private club, association or group for overnight or e.xtended camping by families or individuals, including related activities such as boating, swimming fishing, picnicking, athletic fields or nature trails. This category includes overnight scout, church, YMCA, YWCA, Park Reser\'e and Veteran’s Association camps. A conditional use permit may be issued for an overnight camp provided the applicant demonstrates and the Council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or upon neighboring properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows: {as paraphrased by staff) 1. 2. Minimum dry-buildable record lot area shall be 5.0 acres. The minimum lot width at the shoreline shall be 200 feet. 4f222i, Big Island Veteran's Camp too Big Island Amendment to Conditional Use Permit 3/J 7/97 PC. 3/24197 CC page-1 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Kitchen and eating areas shall conform with Health Codes for Sanitation and Food Protection. Joint-use dock licenses are required yearly. Only 1 slip per 50 ft. of shoreline. Swimming areas shall be marked. Toilet and sanitation facilities shall conform with Health requirements. All new buildings or structures shall be approved by the Council as to size, location and proposed use prior to issuance of any building permits. The property shall be provided with telephone service for emergency use. Cabins and structures used for sleeping shall have smoke detection equipment. Assembly buildings for 50 or more persons shall have fire e.xtinguishing equipment. An emergency preparedness plan for police, fire and medical shall be prepared. Property in common ownership shall have one tax parcel number. The application confomis with the above requirements. The relocated structure needs to be approved by the Council for size, location and use. The proposed size is 24’ x 24', or 576 sq. ft. The proposed administrative camp office would have telephone service. The camp office will not have any plumbing facilities. The cabin shall be located at least 75' from the shoreline. List of Exhibits A B C D E F G H Application Applicant’s Statement Picture of Cabin to be moved Floor Plan Foundation Plan Site Plan File Plan for Big Island Approval Resolution Description of Request The applicant is requesting an amendment to tlieir current conditional use permit to relocate a cabin from the north side of the island to the south side near the boat docking area. The cabin would be upgraded and used as an administrative office for greeting and meeting camp visitors. The relocation of the cabin requires City Council approval. Issues 1. The application is for an amendment to an existing conditional use permit. 02223, Big Island Veiera/i ‘j Camp 100 Big Island Amendment to Conditional Use Permit 3/17/97 PC, 3/24/97 CC page-2 t _i 2.The application meets the standards of the requirements for an overnight camp in the RS zoning district. 3.The proposed relocation of the cabin will meet all the requirements for a building serving disabled persons and provide an identifiable entry point for visitors to the camp, 4. The applicant shall verify that the relocation of the cabin is not within the 0'-75' setback from the shoreline. Planning Com.nission Recommendation:i To unanimously approve as submitted. COUNCIL ACTION REQUESTED: To approve the amended conditional use permit, subject to the following conditions: 1.The applicant will submit a certified survey indicating that the relocated cabin is not within the 0'*75' setback from the shoreline. 2.The applicant w'ill upgrade the cabin to meet all applicable Building Code requirements, 02223, Big hlatid Veteran *5 Camp 100 Big Island Amendment to Conditional Use Permit 3/17/97 PC, 3/24/97 CC page-3 r :i .y •tv i* 1/a r- ■ •'' •« :.*« •:: V •f •* Application # ?>,A L Date Received jp.jt.r-^y Amount Paid CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION , ^ Site Address CAf^P Type of Application to be Filed Property Identification Number (P.I.D.) APPLICANT ^ Name C\vv\]lV t»ke\r Phone (home)^ riiuiic v^iiuiuc; *7 (<j»VNyy ^cyv Phone (work) - /^V^y/ — y- riiuiic V.WWKJ ptc<j Address fAr.x. La(U ' Cm- TylC^K/a^ /^Ziv / OWNER (if different than applicant) Name Phone (home) Phone (work)_ Address City Zip. Date Property Acquired L\^Cs>tS^f ^u ^ 7^7/djU^^*^onth/vear) I (do) (do not) also own the adjacent parcels of land. i FEES - CONDITIONAL USE PERMITS - ^ _____S 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____$225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Use _____$250.00 Land Alteration ____ Grading and filling - designated wetland or floodplain ____ Grading and filling - 101 cu. yd. or more ____ Grading, seawall, retaining walls within 75' of lakeshore X PRD/PID - see Fee Schedule . $150.00 Renewal Fee (no change from original application) After-the-Fact Fee - Double Current Application Fee OTHER APPLICATIONS _____$250.00 Commercial Site Plan Review (+ consultant fees) _____$300.00 Vacation _____S200.0C Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) ______$350.00 Comprehensive Plan Amendment _____$100.00 Appeals Other - see Fee Schedule PRESENT USE OF PROPERTY Present Zoning District p.5 _______ Present Use of Property______Residential 02/21/97 Pay 150.00 Other (specify). REQUIRED SUBMITTALS 1. 2. 3. 4. 5. 6. 7. 8. 9. Completed Application Form. Describe request in detail. Certified Property Owners List of owners within 350 ’, labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Center, 348-3271). Certificate of Surv ’ey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic surv'ey (e.xisting and proposed contours) if land alterations involve changes in elevation (grades). List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be '•,<*'‘mitted.) The Applicant and Property Owner must sign this application. Please reiseinber that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:__________________________Date________________________ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the be.'t of his.4ier knowledge. Applicant's signature Date OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council .members for purposes of investigation and verification of this request. Owner’s signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. Requested Information for Amendment to the Lake Minnetonka Big Island Veterans' Camp's 1997 General Land Use Permit. It is a goal of the Board of Governors of the Big Island Veterans's Camp to establish a Camp Office, that is more handicapped accessible for Camp visitors, campers, and potential future Camp employees. To accomplish this goal, we request to move an existing 16 foot wide by 16 foot long storage shed, which is presently in the 75'-250' setback zone, please note the indicated building's present location on the attached Schoell and Madson Inc. survey map, and to then upgrade the structure to serve as a Camp Office. The proposed new site and preliminary construction plan information are enclosed. The existing docks area represents the primary point of entrance to the Big Island Veterans' Camp. Near this area would logically serve as the ideal site to establish a Camp Office, that would enable us to welcome and provide Camp information to campers and visitors. The proposed Camp Office site is indicated on the attached survey map. You will note that the proposed Camp Office site is located in the 75'- 250' setback zone. The proposed Camp Office site is approximately 140 feet beyond the established Lake Minnetonka "Ordinary High Water Level" (OHWL) of 929.4 feet. Also, the proposed site represents (benchmark 950.00) the average highest elevation point on Big Island. It is very desirable to have the Ceunp Office, which is the primary service provider structure, located on the same relatively consistent plane as most of the Island. This would enable us to provide the handicapped with transportation routes which could be traveled the most easily. The attached preliminary construction plans outline the proposed remodeling of the existing 16' by 16' building to then be used as a Camp Office. The structure's entrance would be expanded to a width of 36" to address accessibility needs. Basically, the plan Indicates that a 8' by 16' screened porch would be added to the front of the structure. Also a 8' by 24' deck would be added to the structure. No water service is planned for the structure. Electricity is proposed for the Camp Office structure. Pay phone service at the Camp Office is proposed for the campers and visitors needs. This feature is presently a requirement for the Camp. The existing 16' by 16' structure is in very sound condition. The floor joists are 2" by 6" located on 24" centers. The 2" x 4" wall studs and ceiling joists are located of 24" centers. The hip roof is on an estimated pitch of a 3' rise to a 8' run. See attached photo of a similar structure. The existing structure has a very sound pine or fir (1" x 4" flooring) wooden floor. Windows would need to be added. The structure, and porch and deck, would be build on a foundation cortslsting 10" X 4' concrete pilings on 24" X 6" concrete pads, located 4' below the ground surface. The 16 pilings would be located at 8'intervals. The 6" x 6" treated wooden beams would be located on the pilings to carry the weight. All 2 ' X 6" floor joia('-£s would be 24" on center. 'fr V ^ * . '*• ii CPrfolN To Be ^BlOcffT^ \ -y ^ * • • . *. ” • A \ )\ Jt ^ ~ /•- vv • • ' *•, 'C • «■ *y• * :V • -*» ‘1 V ..* V,. > H.1 t \* s 'V/'• >/ •*^rm ' 4-.} ;k fV K' V rr 1 \v c> ± a. - ^ \ Vs J Alu DDofUjoMC 5>cal& f 1 51^' /to' ‘“' ;■ x>< fS>^ ^ l_ PLAI^Be I5C1 (2ICA- ^y^.oeY^- < 5Y I-\C^JJC'S:0 ■7o 'i>5 Sof) >M'rf'iO \J \Jv2- CA/^ *• L« ^'J c^^'’ /• / iV ’•f 1-, n'^•5 M V- \ # ,,vS^ oV' s ^'-AuC 1 i <j a/ fo^ At r/fo* f/^-iA'S. thl^AfsJ^S A r >wi>5 lAte' (r X%vSsvwovX%v H A RESOLUTION GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3 (D) FILE NO. 2223 WHEREAS, Lake Minnetonka Big Island Veteran's Camp (hereinafter the "applicant") is the owner of the property located at 100 Big Island within the City of Orono (hereinafter "City") and legally described as: Government Lot One (1), Section Fourteen (14), Township One Hundred Seventeen (117), Range Twenty-Three (23); and Government Lot Two (2) , Section Twenty-Three (23), and that part of Government Lot Three (3) , Section Twenty-Three (23), commencing at the Northeast comer of said Government Lot Three (3), Section Twenty-Three (23); thence Southwesterly along the lake shore to the Northeast comer of Let A, Morse Island Park; Thence South 350 feet to Lake Minnetonka; Thence East along the shore of Lake Minnetonka to the East line of said Lot Three (3); thence North to the place of beginning (hereinafter "property"); and WHEREAS, the applicant has applied to the City for an amendment of a conditional use permit to permit the relocation of an existing cabin to the south side of the camp to be used as an office. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS I. This application was reviewed as Zoning File #2223. 2.The property is located in the RS Seasonal Recreational District, where overnight camps are a conditional use. Page 1 of 4 3. 4. 5. On March 17, 1997, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: a.The application meets the conditional use requirements for an overnight camp. b.The relocated cabin will meet all the requirements for a building serving disabled persons and provide a point of entry for camp visitors. c.The relocated cabin will not be located in the 0-75' setback from the shoreline. The City Council finds that the granting of an amendment to the conditional use permit to allow a relocated cabin to be used as an office will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plaii of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby amends the conditional use permit per Municipal Zoning Code Section 10.31, Subdivision 3 (D) to pemiit the relocation of an existing cabin to be used as an administrative office, subject to the following conditions: 1.Applicant shall provide a certified survey to the Building Official and Planning staff to verify that the relocated cabin is not located within the 0-75' setback from the shoreline. Page 2 of 4 1 • • 2. 3. 4. 5. ATTEST: The relocated cabin will conform to all pertinent Building Codes. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (March 24, 1998). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the Orono City Council on this 24th day of March, 1997. Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 3 of 4 .1 14 ■ ] J STATE UF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 _before me a Notary Public within and for said county, personally appeared on behalf of the Board of Governors Big Island Veteran's Camp, known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 4 4 REQUEST FOR COUNCIL ACTION DATE: March 19, 1997 ITEM NO.: / I C/ry, Department Approval: Name Michael P. GafFron Administrator Reviewed:Agenda Section: Zoning Item Description: 1997 Joint Use Dock Licenses: Big Island, Inc.Navarre Cove Big Island Veteran’s Camp Nelson/Gage/Carlson Forest Arms Pheasant Lawn Foxhill Sandy Beach Minnetonka Power Squadron Walter’s Port A - Application B - Draft Resolution and Attachments The City has received annual joint use dock license applications from the above referenced joint dock users. These are all renewal licenses with no changes from past approvals, except that Big Island Veterans Camp is requesting one additional permanent moorage slip for a 4th camp boat. This increase does not conflict with the cuncnt CUP approval (Resol. #2802) and will be in conformity with the LMCD rules based on shoreline length. Staff has received no complaii. 5 legarding any of these joint use dock operations during the past year. All have paid the apru>priate fee, except that the Pheasant Lawn application was received six weeks late and will be issued upon payment of the $25.00 late fee. The City has yet to receive renewal applications from Lindahl, et al (Bohn's Point area) and Victoria Estates. Staff* Recommendation Staff recommends approval of 1997 Joint Use Dock Licenses for Big Island Veteran’s Camp, Big Island, Inc., Forest Arms Homeowners Association, Foxhill Homeowners Association, Minnetonka Power Squadron, Nelson/Gagc/Carlson, Navarre Cove Homeowners Association, Pheasant Lawn Homeo\Miers Association, Sandy Beach, and Walter's Port IIomeowTiers Association per the attached resolutions. COUNCIL ACTION REQUESTED: Approval of the above noted 1997 Joint Use Dock Licenses. PROPOSED MOTION: Moved by ____, seconded by ___, to adopt Resolutions No.------- through granting 1997 Joint Use Dock Licenses to Big Island Veteran's Camp, Big Island, Inc., Forest Anns Homeowners Association, Foxhill Homeowners Association, Minnetonka Power Squadron, Nelson/Gage/Carlson, Navarre Cove Homeowners Association, Pheasant Lawn Homeowners Association, Sandy Beach, and Walter’s Port Homeowners Association. Vote;----- ayes,___nays. CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7^57 LICENSE YEAR 19_97 ANNUAL JOINT USE DOrK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 . Date Form Sent by City Staff December 30.1996 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. J Tr.FNSF REQUIRED - It is unlawful for any (group or associauoii 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 FEBRUARY 1 OF THE LICENSE YEAR. AS.S0CIAT10N INFORMATION Association title or name (if any) Lake ________Bay 4^ 1. 2. 3.Person responsible for this application; Name _________Phone 1 Mailing Address y V 7/ ^'•cY SS^I Relationship to association ----------------------------------------------- 4.Association is (check applicable items): __unincorporated homeo\NTier's group. incorporated Homeowner's Association, unincorporated club or recreation group. X incorporated club or recreation group. Page 1 of 5 ___ i 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): ____ provide boat mooring and lake access for residential propert>'. ____ provide swimming access, beach, or offshore dock. ^ provide a club or association gathering place for activities. Dock is located on (check applicable item): ____one member's private property. ____easement or outlot o^^Tled in common. ____property leased by the group/association. y property owned by the •^rou-''rssociation. List Dock location and. ownership information: Street address Ars V-/? c^l Sl*Xso4.^0--------------------------- 7 / Legal property description A-irActf-t.o A___________________ PID# __________________________________________________ I Uted nronertv ownerfs'l S/A' x jUX jc ._____________________________ R a. Sox / /t7AJ / Names of abutting lakeshore property owners: rNorth/WesO iE/Ztcicscf^ (Name + Address) fSouth/East'i A->/A___________________________________ (Name + Address) Names of other affected property owners: a>/a _____ (Name + Address) (attach sheet if necessar>’) Insurance Coverage - The jointly used dock is insured by one of the following: ____ property owner's homeownc's policy. separate group/association owned policy. List the follow ing information: Name of insured »_________________ Name of insurance carrier -5^ "Pav L- Name of insurance agency CACSo^ — »---------------- Policy No. -/yj Af Effective date of coverage O Amount of coverage: Public liability, per person, per occurrence $ / Public liability, per occurrence $ ^ Page 2 of 5 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) Oa !^ ^i4<£S nnrK information , 11. List Dock Use Area Specifications: S t£ /drr^ 4- 4^^cJcA77o/^ Width of shoreline: _________ft- Length of main dock from shore: ------------ 12. 13. 14. 15. Dock setbacks from side property lines at shore: ------ Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) permanent piling with seasonal deck ----- ft. and ft. ft. permanent piling and decking X wooden decking____metal decking List Dock Accessories: Number of fire extinguishers available at the dock / A t £4^4- Number of life preservers available at the dock ----------------------- List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips f C Transient (day use) off-shore buoys __0 Permanent moorage slips Dry storage (rack) slips O Permanent moorage off-shore buoys _____ O Maximum number of boats at the dock ^ S 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, r.ROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): wood seawall ___metal seawall ____ concrete seawall X other (specify) 17. Depth of water at shoreline: ^ _ ft; at 50 ft. out: at 100 ft. out: stone rip rap grass and vegetation only Page 3 of 5 REQUIRED ATTACHMENTS The followng must accompany this application: A. B. C. nnCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. TTNlNCORPnR ATFD 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 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 )]MmpPDR ATF.n CLUBS OR ASSOCIATIONS B 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. 33 members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not requ ired if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated un^the same articles of incorporation and/or by-laws as originally made or Iasi 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 RENEWAL JOIMT USE FEE, per year PT.IIS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy _____slips @ 2.00 each TOTAL DUE THIS APPLICATION $ S 20.00 $ s Page 4 of 5 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 February 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 Conunission 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 Date City of Orono P.O. Box 66 Crystal Bay, m S5323 (6l2)A73-7357 01/08/97 12:16:33 LICENSE - ODER BUS. 1 B 20.00 20.00 SUBTOTAL TAX TOTAL SALE RECEIVED 20.00 0.00 20.00 20.00 CHAN6E CLERK! 02 TRANS! 3209 0.00 Page 5 of 5 'TP • • • * # • • • ♦ 0 jm • . i' • • • • • , « * * A • - •**#* *^«*»***' • • . . . . .. . f • .. .• . i 6,.- -- - - - - - - - - " * V*-* -:••:.••••- •-•. - • .-.•r-? • *• •••*...••.•• —- •.. ; J *. .*4 — « * • resolution S3006 exhibit a u /n f- lliOt 1 t Ki-tchGl S |riS£¥iiS“p|ir^ IS Range northuesterly ?°ion to the midpoint of SlT'nuhSiision? and also “'^K?itchI^■^ Subdivision of 15. --^„Tr-c°t\o’;°^2; Township 117, Bangs 23. Government Lots Hennepin County,nepin v-uunv-j , ' 'ofc 1 lying Northeasterly o- , , 3 4 S and that jll-ly corner of Lot 7 to theLots 2/ 3f TTinst Northwesterxy rnh 1# 3.11 a line j”^.fg°"^Northwesterly li/^e ?fion^in Government Lots 5 midpoint of th Kitchel's ^ubdivi recorded platRearrangement of Lot 1 , 23, County Recorder, and 6 in Sec 22 T 1 office of the thereof on fxle ta. Hennepin county. exhibit B ALL CORPORATION OITICERS NAMES, MAILING ADDRESSES AND TITLES LLnda Bean. President. P.O. Bo;r 188, Excelsior. MN 55331 Jce Quinn. Vice President, P.O. Box 188, Excelsior. MN 55331 Brian Tichy. Treasurer. P.O. Box 188. Excelsior, MN 55331 Mark SchoUe, Secretary, P.O. Box 188, Excelsior, MN 55331 i tin Iiiiiilii wvmm: i 0-i{ uj'id i Uj^ t •Vid-- /' ‘S HMil ............... i A >A "-/' Z>o<^K 19 -bl" U^U 3 LO I* V\A.tAA \ UV.A / tX.S^ 7\ 4H I / SlOlloi K^t*i 4^ 4/ V5' 7 / ^ kO i________ 'A'"= i' "C)oc>K Is Rol(-A-t-o<^ •^'1^ 32-"itp oJld-s. //o-n.c^i’Cc:^l/\.(oo^c(L^ lA^ CL<^-^1 V., n-' 'AS /*\ 3^/ V/ SI RESOLUTION DIRECTING STAFF TO ISSUE JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1997 TO DECEMBER 31,1997 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 Conser\'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 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, c-afciy 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 unly 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 w aters. 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 i 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 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 24th day of March, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Tlie foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: BigIsland,Inc. Dock Address: Big Island, Record Lots #12 and 19 (520/530 Big Island) Agent: Brian Tichy (Treasurer) Address: 1471 Lake Lucy Road, 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 - Januaiy' 1, 1997 to December 31, 1997 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 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 15 ♦Per Resolution No. 3006, occasional overnight camping allowed. 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. III. DOCK LAYOUT The dock structure or layout authorized by tliis license shall be as shown on attached E.xhibit B. Any changes in this layout shall be subject to prior review and approval of the City Ccuncil. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. Tlie issuance of this license is subject to full compliance with these conditions. Failure to ply with these conditions is cause for license revocation and/or prosecution by the City.com 1. Licensee shall comply with all requirements of City of Orono Resolution No. 3006, 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 Pemiit approval from the City, 'fhe number of slips licensed for the current license period is 15 _ . 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 regu’ations 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. 1 J • • \ / /. ■ o .•** 1901 .• • p ...- •' ro gx/;/fii^.S- ^{TSOLlA.TlO'^ ,1-16,-see 0 “>< 5!rsese 5 = soS 5- b r g pim r* *• ii’ n o ;c u o ** H '2^^ H • C » *n P ^5T P* • IgT' VA * r ^ ^11. - T-- "?> , .««> .A Wi.• • 1 acreage., SURVEY ■ • =• ■Big \siand, \nc. t-OK • V • •• • • •• •• • • • •: > •*i'7 4 .'!•<?.•. ^ • • /•:..•••*. #4i '/:‘i y—• • LAKE IJliniETOIIKA X. • • * V ;•y V: . ■ ' /•V • X. * • ^ . * Af«o A • 3.n0 ocf«* Afco 0 • ^20§—^ \ • •• • •• ^ •. •• O- ^ . -J/- S- X • I • • **•• •• •• • • •»•*-••• •*. *‘u^—• * •* • *’ •.''•.u***- •**. ‘i*** • * ^ w* .. •• ••• • • • B' * ■. • • • \ ...; w --• X^\ —1^. TOTAL* 5.46 - Ar»n C » 2.00 acf ^. total* 7.46 ' ,•1 ■V • ^ • / i*' m/ :*#••*• • • '/*•.• •• • • .*1 • • • •• . ' . • ... ............. • , • • * . *. P- •• •• •. i *-^*-* . f: • ‘i. • • v V--.••■:•'• - • • •• • • * _ •• ••* ill-,*"»i*,lvr** • •• • •*• * • . . •. ‘',\,p j•*;' UlllltCTOIIKl. ■;, ^ 16 0 6 • 11 • •:|'' -iiu;.: r/M.u.------- . ?iii ril D«c.k. ( O^K D.ci^s jZesoi^urto^ AiO, VocK. (2) p^.‘/ DoeK »* J^ocK. Z^ocJ^ Is Roll-A'‘toa-^ ^)r Zz/'U HZ" u>:Ji<^ 3Z.' I su. ♦ •»I CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 97 ANNIJAl. JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff December 30. 1996 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. T TCFNSF REQUIRED - It is unlav/ful 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 FEBRUARY 1 OF THE LICENSE YEAR. A.SSOCIATION INFORMATION 1. Association title or name (if any) cF Cry .n'<**n 2. 3. Lake i Bay f K » Person responsible for this application: Name Phone ^f Mailing Address tSoA ^ ^ Cr Lb t c ^ ^ Z. Relationship to association < i.t f ------------------------------------------- 4.Association is (check applicable item.s): ____ unincorporated homeowner's group. ____ incorporated Homeowner ’s Association. _j^unincorporated club or recreation group. ____ incorporated club or recreation group. Page 1 of 5 ./05/97 Pay 53.00 s. 6. 7. 8. Principal purpose of joint use dock is (check applicable items): ____ provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Dock is located on (check applicable item): ____one member's private property. ____easement or outlot owned in common. ____property leased by the group/association, ^property owned by the group/association. List Dock location and ownership information: Street address 7^/^ /r/T /A Legal property description _____________________________ piD# ‘k! _______ - y'?. £> Listed property owner(s) /3/^ArA Names of abutting lakeshore property owners: ?rNorth/WesO (Name + Address) (South/EasO (Name + Address) Names of other affected property owners: ? { ______________________ (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: ____ property owner's homeowner's policy. "s^arate group/association owned policy. List the following information: Name of insured t m Name of insurance carrier ( /h/J€ rtn a i f’/?------ Name of insurance agency /fc — Policy No. Effective date of coverage //“ Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ Page 2 of 5 10. Security and policing of the jointly used dock and property is provided by (check applicable items): fencing security lighting contract security service ____property owner's presence other (specify)t'* 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): I/' seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck _____permanent piling and decking wooden decking _____ metal decking 13.List Dock Accessories: Number of fire extinguishers available at the dock__ Number of life preservers available at the dock_______ 14.List number of slips in each categor>' ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys ----0__ Permanent moorage slips ^ Permanent moorage off-shore buoys Dry storage (rack) slips O Maximum number of boats at the dock----- 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. ____Q---- spaces. F.RQSION AND SF.DIMF.NTATION CONTROL 16. Shoreline is protected by (check applicable items): wood seawall •__ metal seawallstone rip rap concrete seawall ^srass and vegetation only other (specify) 17. Depth of water at shoreline: _____ ft» *tt 50 ft. out: --------, at 100 ft. out. i Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. D. DOCK PT.AN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. T TNINCORPOP ATFD GROUPS OR ASSOCIATIONS A list of the names and mailing addresses of all members and/or slip users.1. 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." Applicant's initials TNrORPORATFn CIAIBS 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 ANNII AT. UCFNSE FEE - AT.T. APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year pi I J.S SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy Lj- slips @ 2.00 each TOTAL DUE THIS APPLICATION s 20.00 frt $St S t oo Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March I of the license year. Th? City shall not accept renewal license applications received after February 1 ttnlcs? thg ftPPllC^tlon 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 Date i M/05/97 18:39:24 7>1 >1 LICENSE - ODER BUS. 1 § 0.00 0.00 BIG ISUM) VETS CfW>/JT DOCK 1 9 53.00 53.00 SUBTOTALTAX TOTAL SALE fECEIVED 53.00 0.00 53.00 53.00 CHANGE CLERK! 03 TRANS! 3470 0.00 Page 5 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BOARD OF GOVERNORS, BIG ISLAND VETERAN ’S CAMP SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1997 TO DECEMBER 31,1997 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 Conserv'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 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 hmd 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 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 e.xclusive 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 E.xhibit 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 24th day of March, 1997. Gabriel Jabbour, Mayor ATTEST; Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF TSSUANCF FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Big Island Veteran's Camp Board of Governors Dock Address: Big Island - Record Lot #1 -100 Big Island Agent: Edwin Ohmann, Treasurer Address: Box 598, Excelsior, MN 55331 Licensee is: Statutory board/club or recreation group License Period - January 1,1997 to December 31,1997 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 Lower Main Lake Maximum Boats per prior license (14 slips, 2 buoys under previous license) MAXIMUM BOAT DENSITY, 1997 mS 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. 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.Based on the 5 cabins and 25 tent-camping sites approved by City of Orono Resolution #2802,9 slips are approved for the 1997 season per your application. 2.Future requests for additional slips will be subject to City Council approval and shall be review'ed and considered in relation to the concurrent level of allowed camp activity. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. ^ • •• A A^ • *. •* , •» #••••• • • • ' ^ I - — —*••••-•• :."»”TcC"0 ‘t.7 ."^y*^** fc-v2c.V.**=*rt{>l Yo» u.2/.^ •J Scolc ‘ ^ ,/jGUV) ItV/i f)o c fc ^ ^ o /a — /jo"{ I * ta /£ ( S*<-« * ^ G*'*^ C/o/J * ' i#rt. V Ik ^xH/air*B-l }£^oL>ir/o<^ ^--------- p/>r^ I — - — - €. ^t^C-»iftCii-»t iff 3 Aj o «^^■(tc^tfl^ <w«*j t». yf\ • t- ^ j ^t % V « T7^i;/'* • t I # , • •• .1,.• |£esoi‘<r'/<Mo¥'’— jo ujSCL^ pr Big Island Vaterans Camp r=20’ t>3 \ rw VETERAt^'S BAt dec 10 199Z . (jAftos* ff*-' 5”vut^ijo, aitA TT> 5 I C.D. BIG- ISLAND DOCK-D AN 5 VeT£R AH 5 1 H G- cAvnP. • .d fuTUKt • • •• • * % :sc4 1 • I"'|e • ‘20 ^llnRTLUM^ _ _sH «;tv> 4 SftfvA-i*- U.WITS V U '“'l 2) Jotf-K ,:u !»« • \ ^?u’"uuc 4 •.- K av. %u uii Vi- :Vi • vvA\‘. lo® • P^VVAAV^ ^M"t* *0l ^ un.1:V ^ev-To-- - • ^ Lj ^ • witu t u«+^<='*-^ r )^S« ^•=fp 4- •o I '■■ i ) CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19_97 JAW 17 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff December 30. 1996 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. T TrFNSR REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or nc^ 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 FEBRUARY 1 OF THE LICENSE YEAR. A.S.SOCIATION INFORMATION 1. Association title or name (if any) Lake __________2. 3. Bay Person responsible for this application: Name Phone _ Mai ling Address ^ ^ Relationship to association ____------------------------------------ 4.Association is (check applicable items): ____ unincorporated homeowner's group. incorporated Homeowmer's Association, unincorporated club or recreation group. __ incorporated club or recreation group. i Page 1 of 5 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items); provide boat mooring and lake access for residential property, provide swimming access, beach, or offshore dock. ^ provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member's private propert>’. ____ easement or outlet owned in common. ____ property leased by the group/association. property owned by the group/association. List Dock location and ownership information: Street address ______________________ Legal property description PID# ______ Listed property ow'ner(s) Names of abutting lakeshore property ovMiers: rNorth/Wesn t ^ ^ fSouth/EasO ^^4^e + Address) (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessar>) Insurance Coverage - The jointly used dock is insured by one of the following: ____property owner's homeowner's policy. ' M separate group/association owned policy. List the following information: Name of insured /fc ^ Name of insurance carrier lilCS'f l/^Ofuuf _ Name of insurance agency \,</vSQa l^giyC, h) \ Policy No. Effective date of coverage 7/6.^/9^ " Amount of coverage: Public liability, per person, per occurrence tiPublic liability, per occurrence Page 2 of 5 $ 1600 CtXO 1-----7 ------- 5^ 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)________________________ DOCK INFORMATION 11. List Dock Use Area Specifications; Width of shoreline; a2.£> ft. Length of main dock from shore; . Dock setbacks from side property lines at shore; ft. and ft. Dock Construction (check applicable items); 96 ft. 12. V seasonal dock (relocated or replaced each year) ____ permanent piling with seasonal deck ____permanent piling and decking 13. ^ wooden decking List Dock Accessories; metal decking Number of fire extinguishers available at the dock / H Number of life preservers available at the dock / AJ 14.List number of slips in each categor>' ("slips" includes boat lifts); Transient (day use only) slips______ Transient (day use) off-shore buoys______ Permanent moorage slips________ Permanent moorage off-shore buoys_____ Dry storage (rack) slips ___________ Maximum number of boats at the dock / ^ 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. ^_____spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items); ___ stone rip rap ___ wood seawall __metal seawall concrete seawall other (specify) r L\.grass and vegetation only ___ 17. Depth of water at shoreline; ft; at 50 ft. out; 3 ; at 100 ft. out; 5“ Page 3 of 5 i REQlilfctD ATTACHMENTS The following must accompany this application: A. B. C. D. pOCK PLAN - ALL APPLICATIONS Ft Le. . AJo A Cccf 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 outer on-land functions are intended, these also should be shown on the plan. IFNINCORPORATED GROT IPS 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." Applicant’s initials rNCORPORATF.D CLUBS OR ASSOCIATIONS I. A list of the nam«, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association. ( ^ members J.A certified copy of the articles of incorporation and by-law's 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 1^9^ (state year) and on file with the City." Applicant's initials ANNUAL LTCRNSF. FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy slips @ 2.00 each TOTAL DUE THIS APPLICATION $ $20.00 $ s Page 4 of 5 _ —^ 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 February 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 COL>NCIL. 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 ii* V JO’ ,/ City of Orono P.O. Box 66 Crystal Bay, MN 5S323 (612)473-7^7 01/17/97 16:15:58 LICENSE - OMR BUS. 1 8 48.00 48.00 SUBTOTAL TAX TOTAL SALE RECEIVED 48.00 0.00 48.00 48.00 CHANEE CLERKI02 TRANS! 3316 0.00 Page 5 of 5 ; RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOV.'NERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1997 TO DECEMBER 31,1997 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws oi 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 citizen^ 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 Conser\'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 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 owners; WHEREAS, as to Lake Minnetonka, a muttial 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 ow ners. 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 I ..... 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 24th day of March, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss, ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Pace 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOrNT USE DOCK LICENSE I. LICENSEE; Forest Arms Country Club Addition Homeowners Association, Inc. Dock Address; 4245 Forest Lake Drive Agent; Jerry LeMire Address; 4205 Forest Lake Drive, Mound, MN 55364 Licensee is:unincorporated homeowner’s group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group other License Period - January 1, 1997 to December 31,1997 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 and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan; Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Forest Lake Sub-Total; Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY same 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. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached E.xhibits 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 ma.\imum 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 licen.se 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 necessaiy' from time to time in the public interest. • • • # « / •n » ••• • < •*» %,• . • * • * • * ' •** • m * • •# • 1* *♦•! ^ ® ,•• • •••••»••• • «•• •• • •••• • , • ,*>««• »• < «,•• •• • »•« •• •# • i \/ \ / / / / 1-f^ FOREST ARMS COUNTRY CLUB^DITION HOMEOWNERS ASSOCIATfON FOREST ARMS IMPROVEMENT ASSOCIATION FOREST LAKE,/CITY OF ORONO x: FOREST y / / \ ©, EXISTING DOCK S ______ I ' \ ( LAKE MINNETONl. V®//® V ./ • • LAKE EXISTING DOCKS 9 /^■' ? S' E B i n / \© Slips 2-11 (10) 11' X 3-2' Slips 1, 12-14 (4) 11’ X 21’ \ <0 ^0 :’• .. ................... J* -/ DEMAU • OAIBIEL' * LAND SVKVEYOU. INC. « lOJONrarlMKc ,. ^ MN14441 . fhsM:(l1UI444tQi •• ^ H&ceioetL C-2-93 LHCD • • .*. ••.* I >0i0¥t isnifv M M (t ■ wt «« tkM MriM IW tAtf W OM140 If fikitmii. 44d 4ff «lifW9 ’d • A4 lw*V«Yt4 ^ M t4ll ■ I ■■■ ** »yp" 'p tors2 • CIO) u* X 32* Slips 2-U 1 » l» 12—1^APR 2 7 1993 CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 m 1 ^ LICENSE YEAR 19 97 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff December 30. 1996 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. T TCFNSE 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 CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) Lake rrJTkCR____________Bay S/97lTjtt------------------------------2. 3. 4. Person responsible for this application: Name Z ^ Phone ^ ^ Mailing Address jILO Relationship to association D O C\^ fVI Association is (check applicable items): ____ unincorporated homeowner's group. ^ incorporated Homeowner's Association. ____ unincorporated club or recreation group. ____ incorporated club or recreation group. Page 1 of 5 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____provide a club or association gathering place for activities. Dock is located on (check applicable item): X one member's private property. ____ easement or outlot owned in common. ____property leased by the group/association. property owned by the group/association. List Dock location and ownership information: Street address \<XO\ Legal property description —L— PID# ____________________________— a.Ai ll. Listed property owner(s) x /i i ^ C i M71 Names of abutting lakeshore property owners: (Name + Address) (Snuth/East^ Pa, (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: ____property owmer's homeowner's policy. y separate group/association owmed policy. List the following information: Name of insured *^*^^*^*1----- Name of insurance carrier Sc. — Name of insurance agency * 5 ----------------------—-------- Policy No. GLS' Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence '/ ' $ /. 0^0. 0^0 , Page 2 of 5 1 0. Security and policing of the jointly used dock and property is provided by (check applicable items): ____fencing V security lighting _____property owner ’s presence contract security service other (specify) 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 Dock Construction (check applicable items):12. 13. 14. 15. ft. ft. ^ seasonal dock (relocated or replaced each year) ___permanent piling with seasonal deck _____permanent piling and decking metal deckingy( wooden decking ___ List Dock Accessories: Number of fire extinguishers available at the dock ^^m.TJ 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 of boats at the dock 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, F.ROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): yC stone rip rap ___wood seawall ____ metal seawall 17. concrete seawall grass and vegetation only other (specify) Depth of water at shoreline: /z. ft; at 50 ft. out: J ; at 100 ft. out: _2- Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. nnCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. TINTNCORPOR ATF.D 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 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 TNrORPORATFD 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 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. ANNIIAT. UrFNSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PT TIS SUP FEE for each permanent moorage slip, lift, dry stack, or buoy ^ slips @ 2.00 each TOTAL DUE THIS APPLICATION $ $20.00 $ s /F Page 4 of 5 r 4 LATE FEE - 7.enewals 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 February 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE i 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. Tlie Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROV.AL 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 City of Orono P.O. Box 66 01/28/97 12:05:57 LICENSE - OTHER BUS. 1 9 36.00 38.00 SUBTOTALTAX TOTAL SALE RECEIVED 38.00 0.00 38.00 36.00 CHANGE CLERK! 02 TRANS! 3389 0.00 Page 5 of 5 bWiiiMii RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1997 TO DECEMBER 31,1997 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 Cons 'iv'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 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, iuid 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 owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian ovMier. 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 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 24th day of March, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. # • » . Notary Public Page 2 of 2 i ‘ i. I CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: RayZitzloff Address: 1160 Heritage Lane, Wayzata, MN 55391 Licensee is:unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other ____________________ .>.censc Period - January 1, 1997 to December 31, 1997 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 Smith's Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY 11 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. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit 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. 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 1 boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. 2.Winter storage of dock parts and sections shall be permitted on Outlot #1 between the time the dock is removed 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 necessaiy- from time to time in the public interest. 1 i • > * h * • « CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 97 RECEIVED JAN 2 2 1997 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 CITY OF ORONO Date Form Sent by City Staff December 30.1996 Date Application Returned to City /--ao-9'7 Fee Received $By Employee Section 5.42, Subdivision 2. T .TCFNSE 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 CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. A.SSOClATinN INFORMATION 1. 2. 3. Association title or name (if any) 1 Bav Person responsible for this application: Name oK Phone C’ S --------- Mailing Address C-kOVC- -rMMuMJi__________:____Rebtionship to association 4.Association is (check applicable items): ____ unincorporated homeowner's group. ____ incorporated Homeovmer's Association. unincorporated club or recreation group. X incorporated club or recreation group. Page 1 of 5 iim I 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): ____ provide boat mooring and lake access for residential property. provide swimming access, beach, or offshore dock, provide a club or association gathering place for activities. Dock is located on (check applicable item): one member's private property. ____easement or outlot owned in common. property leased by the group/association, property owned by the group/association. List Dock location and ownership information: Street address •S"/ D ^ / -S ^ -------------- Legal property description f 6* I SO A./3 —6-0-H piD# ono^----------------- Listed property owner(s) /W ^ Names of abutting lakeshore property owners: fNorth/WesO_______________________ (Name + Address) ('South/Eastl (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: ____ property owner's homeowner's policy. separate group/association owned policy. List the following information; Name of insured A/f[y(//(/£-TO^C/Kl^ f OCAJ^H S'C\ {jf^Q(lOAL Name of insurance carrier ^ Ol^ (V/C^C^ ------- Name of insurance agency ^ Policy V3. - 009^ Effective date of coverage '7/ (p Amount of coverage; Public liability, per person, per occurrence $ Public liability, per occurrence $ /1 OPO; COO Page 2 of 5 10.Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____security lighting property owner’s presence contract security service ____other (specify)_________________________ 11. DOCK INFORMATION List Dock Use Area Specifications: ^ A/f^ ft. Length of main dock from shore: ft. and Width of shoreline: 12. Dock setbacks from side property lines at shore: Dock Construction (check applicable items): ft. ft. X. seasonal dock (relocated or replaced each year) ___permanent piling with seasonal deck _____permanent piling and decking wooden decking ____metal decking 13.List Dock Accessories: Number of fire extinguishers available at the dock 4//A 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 ’—Q’^ Permanent moorage off-shore buoys^z^ 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, — O'—if provided must not be separated from the dock by any public road,spaces. F.ROSTON 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: Page 3 of 5 REQUIRED ATTA'CHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property- lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. ITNINCORPORATRD GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. C. 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." Applicant's initials TNCORPORATFD 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 - AT-T. APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PUIS SUP FEE for each pennanent moorage slip, lift, dry stack, or buoy _____slips @ 2.00 each TOTAL DUE THIS APPLICATION $ $20.00 $ s —o Qo.oo Page 4 of 5 •.. LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Cixv shall not accept renewal license applications received after February 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 Date /-/7 7 City of Orono P.O. Box 66Crystal Bay, HI S5323 (612)473-7S57 01/22/97 13:43:41 LICENSE - 0T1£R BUS. 1 9 20.00 20.00 jniNT IRF DflTK NTKfi PUR SOUR 1 9 0.00 0.00 SUBTOTAL 20.00 TAX 0.00 TOTAL SALE 20.00 RECEIVED 20.00 CHANGE 0.00 CLERK! 03 TRANS! 3333 Page 5 of 5 I • m PAW “'“f* t>u^'I^Oi1969 ;ORGEB. HICKEY, AUOIlUR HENNERIN COUNtVMINN. ruffror# \ 8<>1.5r-4* KS PAYABLE IN 1»zLj ‘rAXES ON WITMIN OescniBEO PnOPEITTY ARE PAID *•* *v PUTY V, 21£GlSTCnElD LaWj 13UHVW HO. 1 4 tBNNEPIH COUl.TX, HiNNESOTA ^ 6. CiUp;:^ ^ Cc^»X>| Tfir^s. \ N I At pnr! tin* of Tract C Cart hrta of (too't tot 3, Section 2z.rtmt,Rnw ■oo^ V?: JCait .•( . \ y- t : V *BT.9t 5T i=’ OF^irci-lkL'S ^ 'v< or IN s£c.^r\^j.y V f-y>£3i'y X. / ^ko.r* J20.rt -c B m___mm^ • •■• ntg 1M - - •*• '/4 f Htnn Co mooomfrtt Vw.f rhorofirtf chortno! —' HKTA POWER SQUADRON STREATER COVE FACILITY /Z>aroT)C0i-, 1" = 100' RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1997 TO DECEMBER 31,1997 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 owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared bv riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only add'tional 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 owne 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 I of2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the : 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 Oiono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above note- general conditions and concerns and the follo\ving 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 24th day of March, 1997. ATfEST: Gabriel Jabbour, Mayor Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary' Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot #5 (510 Big Island) Agent: Frank McKean, Treasurer Address: 5837 Grove Street, Edina, MN 5543o Licensee is:unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other ______ II. License Period - January 1,1997 to December 31,1997 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not e,<ceed .lumber 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 tlie number permitted in the prior year ’s license. Authorized Boat Density per attached plan: Bay Transient (Da., 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 Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of pcmiitted 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 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 w ith these conditions. Failure to comply w ith 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 ot 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. I y -J? - ^-7 C •'- I ... ES PAW“iratl • '■ • \ t,w‘2?bO 1969)RGE-0. HICKEY. Auction HENHERIN COJJNT^MIWU SfiJlSNi ON WITHIN DESCmaCD . •• •. .r* ViJ A A A pnOPEHTY ARE PAID • t. r • *Vf •••• 'PUTY STERED LAJlli UUHVB^ HU. J.-2-9 4: lEmtERiR coum, KiilHESOrX y ff I- .^eor! Itn^ of Ttae! C tori hot ofS,fl,on 22.TU71/,nril\ I •• •• , • • •• .•l‘ 4B7.9/ '• J4■•- J7 O.Ti : *. .1 y- : : ' ,*i .• • • y*\ ••• I L** \0' ■ ___________________ - - - —- T /I’ ^ TCl-li - /- / ai-- //./ SrCC. A-0. 'IJ • 1'V' A'f// shorrh'nt at channrt IJ r 1 11 i/ _ • .C B • • • /Jf//i*r r#» Htnn Ca t§$htr9n r . \ _ * _ * 1 0 ^ A sSxErSvfFACIL^T. !J ^ " }1>£^7 iCAU I” = 100' ?E 1 • % CITY OF ORONO P.O. BOX 66 CRYSTAJf. BAY, MN 55323 473-7357 LICENSE YEAR 19 97 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5 42 Date Fonn Sent by City Staff December 30. 1996 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. T.TCF.NSH 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 ATX ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. AS.SOCTATION INFORMATION Association title or name (if any) hldU/l/lTe 4&XA/)b(lbV\.^ Lake __________Bav 1. 2. 3. 4. __________Bav Person responsible for this application: Name |4l^ A. AbP.IqcI Phone ------------------— Mailing Address ^^0 \ 2-SDO^ itlVliaift |>0Cl6) Mt4-5640Z- Relationship to association /\AlU KI --------------------------------------------- Association is (check applicable items): ____ unincorporated homeowner's group. ^ incorporated Homeowner's Association. ____ unincorporated club or recreation group. ____ incorporated club or recreation group. Page ’ of 5 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items'): provide boat mooring and lake access for residential property, _____provide swimming access, beach, or offshore dock. _____provide a club or association gathering place for activities. Dock is locat’d 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. List Dock location and ownership information: Street address IvJ (jDV^ Legal property description PIP# Listed property owner(s) ^ \I\fk. \I■ vjphiir PJiqnaJ Names of abutting lakeshore property owners: rNorth/W>er£t'> __________ rMame(Name -h Address) (South/Eastl (Name + Address) Names of other affected property owners: ^Oi/)ey _______________ (Name + Address) (attach sheet if necessaiyO Insurance Coverage - The jointly used dock is insured by one of the following.: _____ property owner's homeowner's policy. x/ separate group/association owned policy. List the following information: of insured (h ^MlAhciV^ ot TVlUO.lMl.Name Name of insurance carrier Qpv\pi^fil CfimiJxA Name of insurance agency _______________ Policy Effective date of coverage Q^.Ol. Amount of coverage: Public liability, per person, per occurre»ice $ 500, OOP _ Public liability, per occurrence $ OD Page 2 of 5 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 seivdce _____ other (specify)_________________________ DOCK INFORMATION 11 . List Dock Use Area Specifications: Width of shoreline: 9it) ft. Length of main dock h orn shore: _ Dock setbacks from side property lines at shore: 20 ft. and Dock Construction (check applicable items): ft. ft. 12. seasonal dock (relocated or replaced each year) permanent piling with seasonal deck permanent piling and decking wooden decking _____meial decking 13.List Dock Accessories: Number of fire extinguishers available at the dock 0 Number of life preser\ ers available at the dock 2-« 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips 0 Transient (day use) off-shore buoys V Permanent moorage slips G? Permanent moorage off-shore buoys 0 Dry storage (rack) slips ____Q 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. D spaces. EROSION AM) 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: p ft; at 50 ft. out: A' ; at 100 ft. out: Page 3 of 5 L ■I- i 5 Ii ) 1 REQUIRED ATTACHMENTS The following ir.u^t accompany this application: A. DOCK PLAN - ^LL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property- lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. T TNTNCORPOR ATFD GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy ol 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. c. Applicant's initials INr.ORPORATED 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 A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not reciuired 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 ir. RgP (state year) and on file with the City." _________ Applicant ’s initials ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PT.IJS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy (i? slips @ 2.00 each TOTAL DUE THIS APPLICATION $ $20.00 $ s IZ.OD ^2,ng) Page 4 of 5 LATE r F.E - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. Jhc Clij: shall not accep* renewal license applications received after February I unless the application is accompanied bv a late fee of S25.00. RF.VIF.W PROCEDURE When a complete app lication is received, the application will be reviewed by the City Council and, in the case of new or musual applications, also by the Planning Commission and Marina Committee, The Council will pa:;s upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND /OPENED FOR USE ONLY UPON APPROVAL OF 1 HE 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 Cit>''s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date 011 ^ .« City of Orono P.O. Box 66 Crystal Bay, Hi 55323 (612»473-7357 01/29/97 13:06:21 LICENSE - OTHER BUS. 1 9 32.00 NAVARRE COVE JT DOCK 1 9 0.00 32.00 0.00 SUBTOTALTAX TOTAL SALE RECEIVED 32.000.00 32.00 32.00 CHANEE CLERKI 03 TRANSI 3397 !.00 Page 5 of 5 I ( i f* *• ■{ ^ IJSU RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE' TO NAVARRE COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1997 TO DECEMBER 31,1997 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 rc.'.ponsibility under ■ linnesota Statutes, State 3iau -112, 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 V ithin 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 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 w aters. 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 tlie 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 J 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 sueh 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 24th day of March, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day ot March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notar\’ Public Page 2 of2 i CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF TSSUANCF. FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE; Navarre Cove Homeowners Association Dock Address: 2505 Kelly Avenue Agent: Daniel T. Lindsay (Attn: Kim A. Goebel) Address: 100 South 5th Street, Suite 2500, Minneapolis, MN 55402 Licensee is:unincorporated homeov\ner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 1997 to December 31, 1997 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 Carman same 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. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shov\Ti 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. "None" 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 regulator}' authorities shall deem necessary from time to time in the public interest. • •• /• /■ y V /O . resolution S' . • •// • • -J-vV •y ry • r ' ^ ‘ ’ 1 V ••• • •••.^ —1-11 n •1 Dr?oao GO. aovnii-! 01 IZ / E.17^ /^2-cv-*i-vu:<CLrv^ Cj'^ (Z-1^4 ^ /<? if ~ f3H ^■C ^/d - c /a ■7Oi • « ‘ l^‘it.-' <^C> / A it 1‘^^f ■l\\{/^q?-L;^' (?ifp7/H' * •• •* V / •. :**-.r:-..*/ S.-1 (2^0L> — ••V •... . *•# • •• *f •f/ a/5 a # f CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 97 l: ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff December 30.1996 Date Application Returned to City Fee Received $38.00 By Employee Section 5.42, Subdivision 2. TICRNSF REQUIRED - It is unlawftil for any (group or association of pel sons 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 FEBRUARY 1 OF THE LICENSE YEAR. AS.SOCIATION INFORMATION 1. 2. Association title or name (if any) Carlson. Nelson and Gage Families Lake Minnetonka Bay Stubbs Person responsible for this application: Name Donna Snyder________ phone 540-8023 1 Mailing Address C^^^^^on Companies, Carlson Parkway, PO Box 59159, Mpls, MN 55459 Relationship to association Director. Family Office_________________________ 4.Association is (check applicable items): _____ unincorporated homeowner's group. _____ incorporated Homeowner's Association. _____ unincorporated club or recreation group. _____ incorporated club or recreation group. X not applicable Page 1 of 5 r ’ll 5. 6. 8. 9. Principal purpose of joint use dock is (check applicable items): X provide boat mooring and lake access for residential property, _____provide swimming access, beach, or offshore dock. _____provide a club or association gathering place for activities. Dock is located on (check applicable item): ^ one member's private property. _____ easement or outlot ovvTicd in common. _____ property leased by the group/association. _____ property owned by the group/association. 7. List Dock location and ownership information: Street address 500 Tonkawa Road Legal property description Section 5. Township 117. Range 23 ?\Dtf___________________________________________________ Listed property owner(s)Dr. Glen D. Nelson & Marilyn C. Nelson Names of abutting lakeshore property owners: fNorth/WestIMr. & Mrs. Edwin C. Gaee. 460 Tonkawa RnaH. l.nng Lake, MN 55356 (Name + Address) fSouth/Fastl Mr. & Mrs. Curtis L. Carlson. 500 Tonlc-ma Rnad. Long Lake, MN 55356 (Name + Address) Names of other affected property owners: None (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: _____ property owner's homeowner's policy. separate group/association owned policy. List the following information: Name of insured Dr. Glen & Marilyn C. Nelson Name of insurance carrier The American Insurance Company______ Name of insurance agency Harris-Homeyer Co., Edina, MN 55424 Policy No. NZA 131 9205 _____ Effective date of coverage 6/3/96 Amount of coverage: Public liability, Ver person, per occurrence $. Public liability, per occurrence $. Page 2 of 5 10. 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 _____other (specify) *Note: Dr. Nelson’s shoreline is 396'; the combined shoreline, adding Carlsons' & Gages' is 1,242'. DOCK INFORMATION 11. 9V__ft. ft. 12. 13. 14. 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 --------------- 'i( Dock Construction (check applicable items): I X seasonal dock (relocated or replaced each year) _____permanent piling with seasonal deck _____permanent piling and decking X wooden decking ____metal decking List Dock Accessories: Number of fire extinguishers available at the dockThe boats are equipped with extinguishers Number of life preser\'crs available at the dock________________________________ List number of slips in each categoiy ("slips" includes boat lifts): Transient (day use only) slips 9 Transient (day use) off-shore buoys ___0 ----- , Pemiancnt moorage slips n Permanent moorage off-shore buoys _J0 ------- ^ Dry storace (rack) slips 0 Maximum number of boats at the dock _9____ 15.List num ’oer 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. F.ROSION 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: ft; at 50 ft. out: 1]___; at 100 ft. out: Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PT.AN - 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, dr>' storage or other on-land functions are intended, these also should be shown on the plan. B. IINTNCORPORATED GROUPS OR ASSOCIATIONS 1 . A list of the names and mailing addresses of all members and/or slip users. C. 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." __________ Applicant's initials TNrORPORATFD 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 reouired 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. ANNIJAT. UCFNSF FEE - ATT. APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy 9 slips @ 2.00 each TOTAL DUE THIS APPLICATION S $ s s 20.00 18.00 38.00 Page 4 of 5 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 Febn,iarv 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. i t ! 4 . 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 V Date 1/13/97 Dr. Glen p. Nelson pR Marilyn C. Nelson City of Orono P.O. Box £6 Crystal Bay, m 55323.rystai Bay. (612)473-7357 01/22/97 LICENSE - OTICR BUS. 13:44:47 i 9 38.00 38.00JT USE DOCK CARLSON, laSQN, SAG 1 9 0.00 0.00 SUBTOTAL 38.00TAX0.00TOTAL SALE 38.00RECEIVED38.00 CHANGE 0.00 CLERK! 03 TRANS!3334 Page 5 of 5 . \ 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 1,1997 TO DECEMBER 31,1997 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 Conscr\'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 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 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 u>e the entire surface area of Lake Minnetonka for all suitable purposes in common witfi 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 t) 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 llie following special conditions as they relate to an application for an annual Joint Use Dock License described on E.xhibit 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 24th day of March, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSH I. LICENSEE: Property owners of460, 500 and 550 Tonkawa Road Dock Address: 500 Tonkawa Road Agent: % Donna Snyder, Carlson Companies Address: Carlson Parkway, P.O. Box 59159, Minneapolis, MN 55459-8215 1 Licensee is:__ unincorporated homeowner's group __ incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group X other____not applicable_____ t 4 License Period - January 1, 1997 to December 31, 1997 II.BOAT DENSITY The number of in-place boat slips, liPs 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 Stubbs Bay Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY 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. Exhibit A Resolution No. Page 2 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. V. 1.The nine approved slips are for the exclusive private use of the property owners at 460 Tonkawa Road (Mr. and Mrs. Edwin C. Gage), 500 Tonkawa Road (Dr. Glen and Marilyn Nelson) and 550 Tonkawa Road (Mr. and Mrs. Curtis L. 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 necessaiy from time to time in the public interest. * • s* •f• • Dr. Glen Nelson 500 Tonkawa Rd Wayzata HN 55391 A^o. • OCT cm 4.M CA • « CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19_97 ANNTTAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff December 30. 1996 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. T TrFNSF. 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 CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) J Lake ______2. 3. Bay /^/UO Person responsible for this application: Name !71 . Phone___ Mailing Address ^ Cr> Relationship to association 4.Association is (check applicable items): ____ unincorporated homeowner's group. ^ incorporated Homeowner's Association 03/14/97 Check II; 26.70 unincorporated club or recreation group, incorporated club or recreation group. Page 1 of 5 03/14/97 Pay 26.70 5. 6. 8. 9. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property, _____ provide swimming access, beach, or offshore dock. _____ provide a club or association gathering place for activities. Dock is located on (check applicable item); _____ one member's private property. 'j/[ easement or outlot oNMied in common. ____ property leased by the group/association. _____ property owned by the group/association. 7. List Dock location and ownership information: Street address Legal property description PID# ______ AoT:._Li. Listed property owner(s)0^T"y r Names of abutting lakcshore property ovNTiers; rNorth/Wesfi ________________________ (Name + Address) rSouth/Easf) (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: property owner ’s homeowner's policy, separate group/association owned policy. List the following information: 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 S. Page 2 of 5 • • 10. Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing X" security lighting ^ property owner's presence contract security service other (specify) 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 12. Dock Constriction (check applicable items): ft. ft. seasonal dock (relocated or replaced each year) permanent piling \%ith seasonal deck ^ permanent piling and decking wooden decking ____ metal decking 13.List Dock Accessories: Number of fire extinguishers 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) off-shore buoys ______ Permanent moorage slips (p Permanent moorage off-shore buoys _____ Dry storage (rack) slips ___________Maximum number of boats at the dock (p 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. F.ROSfON 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) __A___4. ^1_____1!^...... of A • of inn a /Mif* ^ (SofoQjC^ 17. Depth of water at shoreline:__Jg. ft; at 50 ft. out: _____; at 100 ft. out: Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. TINTNCORPORATHD 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 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." t) .TT Applicant's initials TNCORPORATFD CLUBS OR ASSOCIATIONS A list of the names, mailing addresses and titles of all corporation officers.1. 2.A statement as to the total number of members in the club or association. 11 members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not reouired 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 2. (state year) and on file with the City." Applicant’s initials D. ANNUAL LICENSF FEE - AI.L APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy [p slips 2.00 each TOTAL DUE THIS APPLICATION $ $20.00 $ s /2.c€ Page 4 of 5 -k • 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 Februar^^ 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 V City of Orono • P.O. Box 66 03/14/97 11:46:04 LICENSE - ODCR BUS. 1 0 26.70 26.70jt dock lie - pheasant lam 1 0 0.00 0.00 SUBTOTAL TAX TOTAL SALE RECEIVED 26.70 0.00 26.7026.70 CHAN6E CLERKI03 TRANS* 3730 0.00 Page 5 of 5 L, GlTYofORONO Municipal Oflices i Street Address: 2750 Kelley Parhway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 December 30, 1996 Dear Orono Joint Dock User: Enclosed please find an application form for your 1997 Orono Joint Use Dock License. Please return the completed application and appropriate fee (base renewal fee of $20.(X) plus $2.00 per permanent slip) no later than February 1, 1997. If you have any questions, please feel free to contact me at 473-7357. Assistant Planning & Zoning Administrator MPG/lsv Enclosure: 1997 Joint Use Dock License Application Mar 1 3 xddi Telephone (612) 473-7357 • FAX 473-0510 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAVVN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1997 TO DECEMBER 31,1997 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, ct. 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 w'ithin 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 propert) 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 not only to members of the public but the right to each riparian owner. This mutual right of enjoyment w’hich 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 L WHEREAS, Lake MinnetonI<a 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 24th day of March, 1997. Gabriel Jabbour, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 1 i r 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 r^-creation group __ incorporated club or recreation group other II. License Period - January 1,1997 to December 31,1997 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 Pemianenl 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 l_plus I detached 5 plus 1 detached Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, liAs 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 Exhibits B-1 and B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. rV. 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. 2. J. 4. 5. 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. I'he City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots 15 and 18, Pheasant Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14, said lots might not abut the actual shoreline of Lake Minnetonka at any given time. The City acknowledges the existence of the portion of dock and shed existing on City right-of-way and grants temporary permission for said dock and shed to remain at their existing location within the right-of-way until such future date that the City determines that removal of said structures from the City right-of-way is in the best interests of the City of Orono. 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) This approval grants a 1997 Joint Use Dock License to the Association for six slips (including Mahoney's detached slip). Applicants arc advised of the need to henceforth apply for a Joint Use Dock License annually. Exhibit A Resolution No. Page 3 6. 7. 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. The five properties which are each allowed one slip wiiliin the five slip multiple dock are described as follows: A. (Forrer) 2655 Pheasant Road (Lots 1,2 and part of Lot 3, Pheasant Lawn) B. (Sherf) 2675 Pheasant Road (Lot 6, Pheasant Lawn) C. (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn) D. (David) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn) E. (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn) V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. • • 9 • • •• • • • SOLUTION L ot " •V;v V m • n 33 . 2>-2> RESOHITJON MO. \ W (5<)fcJ i#’ ' .•• XV 2 •••a (5) , '655//?^^.v i m (0^ ^(0 kA- (50) (51) (27) d (9) f C::Xsi,x;o < ^,V°’(; T ^“k 0 'x^r* «.i* 3/. 4 (21)(53) If \ ^ r 1(^ "P<^2^ (55)-mjl''X ^7. 3 • 4-.fo^5V (52) ,n . ‘‘"Off y 5 ^4 3 >.v;//f ?*•# (2SJ *COU., (15) 10*. y (5l^ / *. V. *>8^.,-—••••* 42*. G0VTJ:^T*'5 @ O • 3o''“*T 'OocA^ l/VseA. CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 97 r f j ANNUAL JOINT USE DOCK LICENSE APPLICATION ^AM Ht 1997 Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff December 30. 1996 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. T ir.FNSF 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 CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. A.SSOCIATION INFORMATION 1. Association title or name (if any) 2. 3. 4. Lake Bay \A)eS-V ACrq Person responsible for this application: Name Phone____ Mailing Address S Wp\s __SS^03 Relationship to association Quorr-gt' ____________________ Association is (check applicable items): ____ unincorporated homeowner's group. ____ incorporated Homeowner’s Association. ____ unincorporated club or recreation group. ____ incorporated club or recreation group. Page 1 Of 5 5. 6. 7. 8. Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ____provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check applicable item): ^ one member's private property. ____ easement or outlot owned in common. _____property leased by the group/association. ____property owned by the group/association. List Dock location and ovsTjership information: Street address ^^5 e-X)fU e Legal property description _______ piD# n-ni-z-=i> Listed property owner(s) Names of abutting lakeshore property owners: (Name + Address) rNorth/Westi (South/EasO ________________ (Name + Address) Names of other affected property owners: 9. (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: Y property owner's homeowner's policy. ____ separate group/association owned policy. List the following 'nformation: Name of insured ___ Name of insurance carrier CN0 Name of insurance agency _____( e Policy No. Pi Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $ \\^00i0C>0 Public liability, per occurrence $ l| OOOiOOb Page 2 of 5 10. 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) nnrK INFORMATION 1 1. List Dock Use Area Specifications: Width of shoreline: ft. Length of main dock from shore: ^ Dock setbacks from side property lines at shore: \ ^-----ft* Dock Construction (check applicable items):12. 13. 14. 15. ft. ft. % seasonal dock (relocated or replaced each year) __permanent piling with seasonal deck _____permanent piling and decking wooden decking ____ metal decking List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock __ 1 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------- 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, F.ROSTON 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) \>8SC^ 17. Depth of water at shoreline: _jO_ ft; at 50 ft. out: —^—; at 100 ft. out: — Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. 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 otlier on-land functions are intended, these also should be shown on the plan. irNTNCORPORATFD GROUPS OR ASSOCIATIONS A list of the names and mailing addresses of all members and/or slip users.1. 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." Applicant's initials TNrORPORATF.D 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 APPLIC.ATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PI US SLIP FEE for each permanent moorage slip. $ $20.00 lift, stack, or buoy S slislips @ 2.00 each TOTAL DUE THIS APPLICATION $ S 10,oO 30.00 Page 4 of 5 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 February 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 perfonn safety and code compliance inspections. Signed Date City of Orono CrvstSl^Ba^ m 55323 (612)473-7357 01/07/97 13:07:26 LICEMSE - OPEI) US. I 0 10.00 . 30.00 SUBTOTAL TAX TOTAL SALE RECEIVED 30.00 0.00 30.00 30.00 CHANGE CLERKI 02 TRANSt 3189 0.00 Page 5 of 5 1 US . DocKPIan S»ndu Beach'^^" PlJ,,. r- - -ji^-ii^A_____i_ VI. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1997 TO DECEMBER 31,1997 \YHEREAS, 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 Conserv'ation District and the Department of Natural Resources of the Stale 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 “ommonlaw rights of riparian oumers, whether or not they be commercial m.arinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian oumers and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian o'vner 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 Mimietonka for all suitable purposes in common with all other riparian o\NTiers. 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 Ciiy 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 ►^-idiiions and concerns and the following special conditions as they relate to an application for an •mcual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Counc«» of the C y of : iio hereby directs the Staff to issue a Joint Use Dock License according ‘ facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 24th day of March, 1997. Gabriel labbour. Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. HaKin, 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 } k____ CITY OF ORONO EXHIBIT A RESOLUTION NO. rONniTIONS OF ISSIJANCR FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Sandy Beach Place Dock Address: 3995 North Shore Drive Agent: H. Richard Zuckman Address; 1819 Dupont Avenue South, Minneapolis, MN 55403 License Period - January 1, 1997 to December 31, 1997 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 pemiitted 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 West Arm 1 See Item IV-4. 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. 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 five approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. 2. City may require written approval from abutting and affected property owners for each annual license review. 3. During the current license period, the City reserves the right to require a reduction in the number of license slips commensurate with any reductions of habitable dwelling units which may occur during the license year. 4. Because one cabin was demolished in 1991 , leaving six rental units, the number of slips licensed for 1993 was commensurately reduced. The fire and subsequent demolition of an additional cabin in early 1994 left 5 rental units on the site, resulting in the reduction to 5 licensed slips for 1994 and future years. 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. r. -__• •*rr *• • •• • •. . •• • • i •• .5 .*.*». • -<\0■M _ ^ . X y^ln srtoREL\H^ VjoT .fli , ms-$ /^B'?- 7 5UrS mo --7 5'-’^'^ iqc|3 - proposed dock. PD^H ^ . . . ^ •/ ^ — a /• i.t CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19_97 ^NTNIIAL JOINT USE DOCK LICENSE AFPUCATIQN Pursusnt to Orono Municipsl Code Section 5.42 Date Form Sent by City Staff December 30. 1996 Date Application ReUimed to City Fee Received $By Employee from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION INQUIRED A^ACHMENTS. and LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 1 OF THE LICENSE YEAR. ^jgsnriATION INFORMATION 1. Association title or name (if any) T.ake \ A--------2. 3.Person responsi^^ for this^^plic^ation: ^ /L /4a/ . ,A5*.Name Mailing Address ^ Relationship to association 4.Association is (check applicable items): unincorporated homeowner's group incorporated Homeowner’s Association, unincorporated club or recreation group, incorporated club or recreation group. Page 1 of 5 5. 6. 9. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check applicable item): one member's private property, easement or outlot owned in common. ____property leased by the group/association. ____property owned by the group/association, 7. List Dock location and ownership information: Street address Legal property description PID # _______ Listed property o\vTier(s) 8. Names of abutting lakeshore property oyners: fNorth/WesO (Name + A^dres^)Rtcf U-< (Name + Address) Names of other affected property owners’rro.t- (Name + Address) (attach sheet if necessar>') Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy. ____ separate group/association owned policy. List the following information: ^ Name of insured 7 Name of insurance carrier Name of insurance agency ---------------------------- Policy No._________________ Effective date of coverage f' 'f- ^ Amount of coverage: Public liability, per person, per occurrence $_l_ Public liability, per occurrence $_J 44 Page 2 of 5 10. Security and policing of the jointly used dock and proper^’ is provided by (check applicable items); A ____ fencing X security lighting property owner’s presence ____ other (specify)_________________________contract security service norK INFORMATION 1 1. List Dock Use Area Specifications; Width of shoreline; _________ft. Length of main dock from shore; ft. and 12. 13. 14. 15. Dock setbacks from side property lines at shore; ------------- Dock Construction (check applicable items); ____ seasonal dock (relocated or replaced each year) ____permanent piling with seasonal deck ^ permanent piling and decking ft. ft. wooden decking List Dock Accessories; metal decking Number of fire extinguishers available at the dock Number of life preserv'ers available at the dock = € <£, ft List number of slips in each categor}' ("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____ 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. F.ROSTON AND SEDIMENTAT ION CONTROL 16. Shoreline is protected by (check applicable items); ^ stone rip rap ___wood seawall ^ 17. metal seawall concrete seawall grass and vegetation only other (specify) Depth of water at shoreline; ft; at 50 ft. out; ; at 100 ft. out; _tLu Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. nnCK 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, thes£ al§o^hould be shown on the plan. ^ ^ ^ 1TNTNCORPORATRD GROUPS OR ASSOCIATIONS I. A list of the names and mailing addresses of all members and/or slip users. C. 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 4>ur 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 TNrORPORATF.n CLUBS OR ASSOCIATIONS I. 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 re lewal 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 or. file with the City." ___________ Applicant’s initials D. ANNUAL LICENSE FHF - AM. APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Sehedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry^ack, or buoy slips @ 2.00 each TOTAL DCE THIS APPLICATION $ $ $ S 20.00 (O^X> Page 4 of 5 I .ATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. Th? City shall not accept renewal license applications received after February 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 Date /-?-?? 01/13/97 LICENSE - OTIER GUS.1 i 30.00 12:44:50 30.00 SUBTOTAL TAX TOTAL SALE RECEIVED 30.00 0.00 30.00 30.00 CHANGE CLERKt 01 TRANS# 3244 0.00 Page 5 of 5 L ___ •• • _M.. ^ ^ ^_______ ut-i-M--- LtJ—ALL Lh s /:>/ y ;I • II • • • • »• • • t ..I • •I 'zitt /4y»yjJ^sJAL t i? S^^-Ih Z 7(// /^-g- Z7C/L . \^7/-af<ya, I ^^/ic L'. * • # X •• • « • • • •• •* RESOLUTION.S 2367 • • • m •g-- tm m • • • • , U?\C..QC (.OOTv-gy Ooc-K .. OUT • - - '-----i*. 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 1,1997 TO DECEMBER 31,1997 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 the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primar>' harbor limit of the City of Orono with the Lake Minnetonka Conseivation 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 lules to ensure to all equal cnjoymuit of the public rights and equal pro* . t-oi; from activity on or near the public waters and on the land within the City which, if unregulat,'d, inay 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 ov s 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; WHERE.4S, 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 deptli 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 su.u,ce area of Lake Minnetonka ftr all suitable purposes in common with all other riparian ownens. ihis 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 r WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of 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 24th day of March, 1997. Gabriel Jabbour, Mavor ATTEST; Dorolliy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument w as executed on behalf of the City. Notary Public Page 2 of2 i r CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Walter's Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: Ted Storlie Add*‘ess: 2701 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, 1997 to December 31, 1997 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 Caiman CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Walter's Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: Ted Storlie Address: 2701 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, 1997 to December 31,1997 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 e.xceed 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 Carman Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY 5 ■m . -------------- . - T.* r 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. III. DOCK LAYOUT The dock structure or layout authorized by tliis 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 1997: a) West property line (extension of west line of Lot 2, Block 2, Walter's Port) - 10' required, zero setback proposed Southeast property line (extension of southeast line of Outlot 2, Walter's Port) - 10' 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 I - Lot 2, Block 2 Slip 2 - Lot 2, Block 2 Slip 3 - Lot 1, Block 2 Slip 4-Lot 1, 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 1, Camian Bay Heights) is allowed four boats maximum (I of lagoon, 3 at outer lakeshorc). 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 V ■ • *. •.«. V* « • .:*» •• • •I • ' •___________ RESOLUrtOll • • • «• •• ■ . ■ "■ :' • • i• • • • , rr ^ • •^ . ^,1,- .•• - - rr- — • ** **^ .^ ----------* a..,• •• \jpv.CwOO M Co'^T'-civ *3i^ . ..L4\Moax M* • Pv\? r U1 2 4 J997 1 REQUEST FOR COUNCIL ACTION ^‘'^OFORONODATE: March 24, 1997 ^ ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Rejection of Bids for Lift Station Number 6 Rehabilitation Bids were opened for this project on Thursday March 13. We arc recommending rejection of the bids per the reasons detailed in the attached letter from the City's Engineering firm. COUNCIL ACTION REQUESTED: Motion to reject the bids for this project and to bid the project as part of the Long Lake sewer and Ice Arena sewer and water projects. 1 1 1/1 Bonestroo Rosene Anderlik& Associates Engineers & Architects Bonestroo. Rosene. Anderlik 9nd AssociMes. Inc. Is 9n AfhrmMive Action'Bqual Opportunity Fmployer Principals Otto G. Bonestroo. PE • Joseph C. AnderllK. PE • Marvin L. Sorvala. RE. • Richard E Turner. RE. • Glenn R. Cook. RE. • Tnomas E. Noyes. PE • RoOert G. Schumcht. PE • Jerry A. Bourdon. PE. • Robert W. Rosene. PE. and Susan M. Eberiin. C PA . Senior Consultants Associate Principals Howard A. Sanford. PE. • Keith A Gordon. RE. • Robert R. Pfefferie. PE. • Richard W Foster. PE • David O Loskota. PE • Rc ert C Russek. A l.A • Mark A. Hanson. PE. • Michael T. Rautmann. PE • Ted K Field. RE • Kenneth P. Anderson. PE. • Mark R. Rolfs, PE • Sidney P. Williamson. P£.. L S • Robert F. Kotsmith Offices St Paul. Rochester, Willmar and St Cloud. MN • Mequon. wi March 18,1997 Honorable Mayor and City Council City of Orono PO Box 66 Crystal Bay, MN 55323-066 Re: Lift Station No. 6. Renovation Orono, Minnesota Our File 13981 Dear Mayor and Council: 2i.■40j, i ^‘rrsmry • ‘'cO Mar ^iTy ’ 9 m? P/Vo Lift Station No. 6 Renovation was bid Thursday, March 13, 1997. The low bid was $86,062.47, approximately $9,000 above the Engineers estimate. Due to the bids being higher than estimated it is recommend that Renovation of Lift Station No. 6 not be awarded. It is recommended that Renovation of Lift Station No. 6 be bid as part of the new Long Lake Country Club and Long Lake North Lift Stations/Sanitary Improvements. Through combining the three lift stations into one project we hope to lower the overall project costs. Also, after review of the bid tabs (cost break-down), we will be adding a second approved manufacturer to the pump and control specification sections to create a more competitive bid situation. If you have any questions, please call me at 604-4875. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES UcasiaQ. Qsjudt' Karen A. Cavett cc: Mark Wallis - Bonestroo Glen Cook - Bonestroo 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-4600 Bonestrool ^gltosene Ai)(ieriB(& ^Associates bidinMn 4 AitMiKti Project Name Lift Station No. 6 Renovation Project No.File No. 13981 Bid Opening 11:00 a.m., C.S.T., Thursday, March 13, 1997 Owner CityofOrono / hereby certify that this is an exact reproduction of bids received. y^/n Pajj UK Karen A. Cavett. P.E, Registration No. 25069 BID TABULATION Tabulation of Five Low Bids of Five Received No. Item UnitQty. Bid No. 1 Great Western Corporation Bid No. 2 S.M. Hentges & Sons, Inc. Bid No. 3 Ford Constrretion Co., Inc. Bid No. 4 Penn Contracting, Inc. Bid No. 5 GHT Constniction, Inc Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Base Bid - Lift Station Renovation » 1 Install sod SY 50 8.78 439.00 10.00 500.00 4.50 225.00 3.50 175.00 4.00 200.00 2 Place 8* granular base CY 50 20.27 1,013.50 7.00 350.00 20.00 1.000.00 43.00 2.150.00 20.00 1.000.00 ' 3 Place 3* bituminous drive CY 50 67.56 3,378.00 13.00 650.00 40.00 2.000.00 120.00 6.000.00 45.00 2.250.00 4 Provide temporaiy controls, pumps and • piping for intenn conveyance LS 1 6.350.48 6.350 48 5.200.00 5,200.00 9.000.009.000.00 3.450.00 3.450.00 7.654.00 7.654.00 5 Provide lift station demolition LS 1 5.090.33 5.090.3317.300.00 17.300.00 5.000.005.000.00 3,750.00 3,750.00 20,690.00 20.690.00 6 Install new pumps, piping, valves, top hatch and slab per Section 11306 LS 1 40.454.76 40.454.76 32.840.00 32.840.00 40,700.0040.700.00 37.450.00 37.450.0044.772.00 44.r2.00 7 Install new control panel, base slab, dialer etc. per Section 16903 LS 1 29.33640 29.336.40 31.500.00 31.500.00 31.000.00 31.000.00 39.570.00 39.5/0.00 27.931.00 27,931.00 Total Base Bid $86,062.47 588.340.00 t 588.925.00 592.545.00 $104,497.00 Alternate Equipment Bids 1 Item Pumps Sl Controls Pumps A Controls Pumps/Controls Pumps Control Panel Manufacturer Myers/Tri State Myers/Milltronics Myers/Milltronics ABS Professional Control Products Deduct ($10,000.00)($12,000.00)(SI 0.000.00)($3,000.00)($6,700.00) 2 Item Pumps/Controls Panel Manufacturer ABS/Professional Professional Control Products Deduct ($7,500.00)($6,000.00) Firm Great Western Corporation S.H. Hentges A Sons. Inc.Ford Construedon. Inc.Penn Contracting, Inc.GHT Coni traction. Inc. Address 8101 ScandiaTr 650 Quaker Av 13025 Central Av NE 2750 102nd St SE City. State. Zip Forest Lake MN 55025 Jordan MN 55352-0069 Excelsior MN 55331-0667 Blaine MN 55434 Delano MN 55328 Phone Not Provided 612.492.5700 612.470.9530 612.767.2141 612.955.3826 Fax Not Provided 612.492.5705 612.470.9631 612.767.2545 612.955.2083 By Waller B. Boorsma Steven M. Hentges Lance R. Ford Wesley Crawford G.H. Theisen Tide President President President Vice President President 5% Bid Security Bid Bond Bid Bond Bid Bond Bid Bond Bid Bond • Addenda Acknowledged 1.2.3 1.2.3 i.2.3 1.2.3 1.2.3 l398tBT.WB2 REQUEST FOR COUNCIL ACTION C/ry^ DATE: March 24, 1997 ■Vo ITEM NO.: / 3 Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section; Engineer's Report Item Description: Request to Advertise for Bids Sewer and Water Projects Plans and specifications have been completed for the North long Lake/ Long Lake Country Club sewer, Orono Ice Arena sewer and water, and Lift Station rehabilitation projects. These three projects will be bid under one contract in order to obtain more favorable bids for this larger combined project. The bid opening is scheduled for Wednesday April 23 at 11:00 A.M. An assessment hearing will be held for the Long Lake sewer and Ice Arena sewer and water projects at the April 28th City Council meeting. The bids will be held until after the 30 day assessment appeal period is completed. A contract for the project can then be awarded to the lowest responsible bidder at the June 9th City Council meeting with an anticipated construction start date in early July. COUNCIL ACTION REQUESTED; Approval of the attached resolution approving the plans and specifications and ordering advertisement for bids. \ RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolutions passed by the Council on January 13,1997 and February 24, 1997, the City Engineer (consulting engineer retained for the purpose) has prepared plans and specifications for the North Long Lake/Long Lake Country Club sewer, Orono Ice Arena sewer and water, and Lift Station Number 6 rehabilitation improvement project and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, MINNESOTA: 1. 2. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. The City Clerk shall prepare and cause to be inserted the otficial p^r (and in the Construction Bulletin) an advertisement for b’. ~iaking of such improvement under such approved plans and specificai.uns . ertisement shall be published for 21 days, shall specify the work to be done, staie that bids will be received by the Clerk until 11:00 a.m. on April 23, 1997, at which time they will be publicly opened in the Council Chambers of the City Hali by the City Clerk and Engineer, and will then be tabulated. An assessment hearing will then be held and after the assessment appeal period ends the bids will be considered by the Council at 7:00 p.m. on June 9, 1997 in the Council Chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with fno Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified eheck payable to the Clerk for 5 per cent of the amount of such bid. Page 1 of2 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 24th day of March, 1997. ATTEST: Dorothy M. Hallin, City Clerk Gabriel Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 24th day of March, 1997 by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Mimiesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 REQUEST FOR COUNCIL ACTION ^AR 2 4 jgg^ DATE: Marcilffif,' ITEM NO Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Extension of the Moratorium Regarding Telecommunications Towers and Antennas The city currently has a moratorium in place regarding telecommunications towers and antenna'. The moratorium expires on March 24, 1997. To enable the city to complete the process of developing zoning regulations regarding telecommunicatioas towers and antennas, it is necessary to extend the moratorium to May 26, 1997. An ordinance extending the moratorium is attached for Council approval. COUNCIL ACTION REQUESTED: Motion to approve the attached ordinance extending the moratorium on telecommunicatioas towers and antennas to May 26, 1997. ORDINANCE NO.___, SECOND SERIES AN ORDINANCE EXTENDING AN INTERIM MORATORIUM ON THE GRANTING OF BUILDING PERMITS, LAND SUBDIVISIONS, REZONING APPLICATIONS, CONDITIONAL OR SPECIAL USE PERMITS, VARIANCES OR OTHER AUTHORITY RELATING TO THE SITING OF WIRELESS TELECOMMUNICATIONS FACILITIES AND STRUCTURES IN ALL ZONING DISTRICTS IN THE CITY OF ORONO The City Council of Orono does ordain: SECTION 1. Statement of Policy. The purpose of Orono Municipal Code Chapter 10 is to provide for the orderly development of commercial and industrial activity so as not to unreasonably conflict with the primary residential and agricultural character of the City. SECTION 2. Extension of Interim Moratorium. To facilitate the purpose stated in Section 1 the City Council imposed a 120 day moratorium, pursuant to Minnesota Statute Section 469.355, Subdivision 4, on the granting of building permits, land subdivisions, rezoning applications, conditional or special use permits, varicuices, or other authority relating to the siting of wireless telecommunication facilities and structures in all zoning districts in the City of Orono. This moratorium was to enable the city to study the issues relating to telecommunications structures and to make any necessary changes in its current ordinances. The initial moratorium was to expire on December 24, 1996. The moratorium period was extended to March 24, 1997. Because the city has not yet completed the changes to its ordinances to reflect the results of its study of telecommunications issues, it is necessary to extend the moratorium for an additional two months to May 26, 1997. SECTION 3. Telecommunications Facilities. For the purposes of this Section the words used herein shall the following meaning: 1.Telecommunication - the wireless transmission, emission or reception of energy or communication impulses by cable, microwave, satellite or radio signals affecting radio, telephone, telegraph or television communication or medical or industrial energy transmissions. 2.Facility - any antenna, tower, or structure associated with the transmission, emission or reception of telecommunication signals. SECTION 1. Effective Date. This ordinance shall be effective the date of approval. Adopted by the City Council of Orono on this 24th day of March, 1997, by a vote of ayes and ____nays. ATTEST: Gabriel Jabbour, Mayor Dorotliy M. Hallin, City Clerk Publish in the Laker and Pioneer newspapers the week of March 29, 1997 REQUEST FOR COUNCIL ACTION DATE: March 19 , 1999^0 /5(9^ ITEM NO.:/r Department Approval:Adminjs^ator Reviewed:Agenda Section: Name Ron Moorse Cit\ Administrator's Title City Administrator Report Item Description: Westonka Senior Center / At its March 10 meeting, the Council discussed the plans being developed by the cities of Mound, Minnetrista and Spring Park for a new building to house the Westonka Senior Center; and the potential for Orono contributing toward the cost of constructing the facility. To assist the Council in determining whether or how much to contribute, the Council directed staff to obtain information regarding the amount of usage of the Westonka Senior Center by Orono residents. The total population of the area of Orono that is within the Westonka School District is 2,874. The number of persons over age 65 in this area is estimated at 250. Ben Withart, the Executive Director of Senior Community Services which serves the Lake Minnetonka area, has provided the following information regarding usage by Orono residents in 1996. A. 80 Orono residents are members of the Wesl/^ jtxa St-nin; B. 42 Orono residents were involved in the dining ^iviy.rjm, iaX'^Ur'^/irr). aiidv-j: the defensive driving program. C. D. E. 21 Orono residents were served by outreach services 21 Orono residents were served by Westonka rides. 4 Orono residents were involved in craft sales. The number of Orono residents who are members of the Westonka Senior Center compares to the number of residents from the other participating communities as follows: The highest use of the Senior Center is made by residents of Mound, due both to the larger population and to the demographics of the population. Orono's population is significantly younger than the population of Mound. The use of the Senior Center both now and in the future will be much lower by Orono residents. This suggests that Orono's financial participation in the Senior Center should be relatively minor. Because Orono residents do make use of the Center, the Council may want to make a contribution toward the center either in the form of a one-time payment or in the form of an annual payment over a period of years. COUNCIL ACTION REQUESTED: Motion regarding a contribution toward the cost of constructing a new building to house the Westonka Senior Center. % REQUEST FOR COUNCIL ACTION % Date: March 7, 1997 Item No: / Department Approval:Administrator Reviewed:Agenda Section: Name: GaryCheswick Title:Chief of Police Item Description: POLICE AUCTION Exhibits:NONE DISCUSSION An auction is needed every one to two years to dispose of obsolete equipment, as well as seized and abandoned property and vehicles. The auction has in the past been held at Perry's Towing. Any financial gain, less auctioneer expense, will be forwarded to the Finance Department COUNCIL ACTION REQUESTED Approval to conduct property and vehicle auction on May 3, 1997. 1 ! 4 NX REQUEST FOR COUNCIL ACTION DATE: March 21,1997 % ITEM NO: / "J Department Approval: ^ . Name Tom Kuehn --'fytlK' Administrator Reviewed: Title Finance Director Agenda Section: City Administrator's Report Item Description: 1992 Construction Fund Close Out - Resolution Attachment: Resolution to Close the 1992 Construction Fund The 1992 Construction Fund was created to account for the construction costs of the Stubbs Bay area sanitary sewer system. The costs have been finalized and the remaining cash and interest receivable amounts should be closed to the 1992 debt service fund. Before the remaining assets are transferred to the debt fund two operating transfers are required to reimburse the PIR Fund and the General Fund. The transfer to the PIR Fund in the amount of $25, i 00.00 is for reimbursement not previously made of preliminary legal, engineering, and staff labor costs incurred within the PIR Fund prior to the sale of the bonds. The transfer to the General Fund in the amount of $32,100.00 is for reimbursement of general administrative charges which are typically built into the bond issue budget to determine the total amount required to be bonded. After the transfers are completed the construction fund will have a balance remaining of $136,993.12 which should be transferred to the 1992 debt fund. The amount of residual funds on hand at this time is larger than would be e.Kpected, but is due to several factors, including construction cost of the sewer lines being $35,300 under budget; ea.scrnent co.sts being under budget $18,700; and legal costs, related to savings associated with easements and assessment appeals, being under budget $18,100. In addition tiie majority of the costs were paid before January 1, 1994, so the balance has been invested since and has earned appro.ximately $35,000 in interest COUNCIL ACTION REQUESTED: Adoption of Resolution #____»_A Resolution to Close the 1992 Stubbs Bay Sewer Construction Fund to the 1992 Improvement Bond Debt Service Fimd, PROPOSED MOTION: - Moved by,____, seconded by,____, Ayes___, Nays to adopt Resolution ^___. A Resolution to Close the 1992 Stubbs Bay Sewer Construction Fund to the 1992 Improvement Bond Debt Serv'ice Fund as of December 31, 1996. I • f A RESOLUIION TO CLOSE THE 1992 STUBBS BAY SEWER CONSTRUCTION FUND TO THE 1992 IMPROVEMENT BOND DEBT SERVICE FUND WHEREAS, the 1992 Stubbs Bay Sewer Construction Fund was established to account for the construction costs of the Stubbs Bay area sanitary sewer system; and WHEREAS, all known costs incurred in the construction of said sanitary system have been paid, and the remaining residual equity of the Fund is no longer required; and WHEREAS, the City can designate the use of the residual equity for any general purpose. NOW, THEREFORE BE IT RESOLVED, that the 1992 Stubbs Bay Sewer Construction Fund be closed and that the residual equity at December 31, 1996 be transferred to the 1992 Improvement Bond Debt Sendee Fund, to be used for the payment of the debt service of said improvement bond lund, for the purpose of reducing the amount of general real estate taxes required to be levied as a funding source. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held March 24, 1997. ATTEST: Dorothy M. HaHin, City Clerk Gabriel Jabbour, Mayor --------J-tt L -I - 1 '■f. %REQUEST FOR COUNCIL ACTION ' DATE: Mar 20,1997 ITEM NO: j ^ Department Approval^-—. Name: Chris Miller Title: Asst. Finance Director Administrator Reviewed: Agenda Section: City Administrator's Report Year-end Revenue and Exy^enditure Report Attached is a preliminary (unaudited) financial summary of General Fund revenues and expenditures for 1996. The figures presented below and on the attached documents are considered unaudited as they have not been reviewed by the City ’s Auditors. The audit is scheduled to take place in April, with the final published financial statements to be made available in May. The designation of'unaudited' is also used to provide for the pending budget amendments that will be presented to the Council at the first meeting in April. General Fund Revenues The 1996 budgeted revenues in the General Fund were $3,347,755. ITie preliminary actual revenues realized were $3,472,643. This is an increase of $124.888 over budgeted revenue forecasts. A number of factors have contributed to this budget surplus, and are noted below. * Building activity in the city exceeding projections. This includes new home construction, as well as reconstructions and additions to existing homes. This increased activity has led to higher permit revenues, resulting in the receipt of approximately $18,000 in excess of budgeted permit revenues. Intergovernmental revenues were approximately $10,000 higher than expected. This is due to receiving $8,000 in unanticipated Police State Aid, and $2,000 in our sha^e of the Recycling Grant. The revenues the city receives for charging out services also exceeded expectations. The increased building activity in the city has led to the collection of $16,850 of unanticipated revenues for plan reviews and land use applications. In addition, increased inspections for contract cities, and contracted police security work, produced an additional $12,000 and $16,000 respectively, in excess of budgeted revenues. 1 1 General Fund Revenues-continued ♦ Court Fines were approximately $10,000 more than budgeted. In addition, the city recognized higher than expected interest earnings due to the timing of investments, and a strong economy. Miscellaneous Revenues also exceeded budget projections. The city received a refund on its property/casualty insurance premium which was $12,000 higher than the budgeted forecast. The city also received $2,250 in DWI forfeiture funds, and a grant in the amount of $2,340, to implement safety measures. Neither of these monies were budgeted for. These factors offset a $6,000 and $6,500 shortfall in property tax collections, and emticipated licensing revenues respectively. In addition, the final contract for Pclice Services was approximately $13,000 lower than projected in the budget. General Fund Expenditures A. Operating Expenditures The 1996 adopted budgeted expenditures in the General Fund were $3,347,755. The budget was amended at various times throughout the year. A summary of those budget amendments will be presented at the first Council Meeting in April. The preliminary actual operating expenditures realized are $3,249,989. A few areas within individual departments exceeded their budget. Those areas that exceeded the departmental budget by more than $500 and 5% of the total, are noted below. Personal Services expenditures in the Administration and Finance departments have exceeded their adopted budgets, as a result of position reclassification, and mid-year salary adjustments. An amount of $10,000 was set aside in the Contingency area for this purpose. A budget reallocation of approximately $5,000 from Contingency to the Administration and Finance Depaitments will be recommended. The budget allocated for Professional Services within the Central Services Department exceeded its budget as a result of the continuation of the licensing and permitting software through LOGIS. This resulted in expenditures of $5,935 over the anticipated budget. No budget am.endments will be necessary. Significant savings were realized in other areas within the Central Services Department which offset the additional Professional Services costs. A. Operating Expenditures-Continued Professional Services ^\ithin the Building & Zoning Department exceeded its budget by approximately $2,500. This was a result of the transfer of paper documents to Microfiche. This process is typically done throughout the year, and it is difficult to estimate costs. No budget adjustment will be necessaiy. The Building & Zoning Department recognized savings in other areas to offset the Professional Services budget overrun. * The Supplies & Maintenance budget within the Parks & Recreation Department exceeded its budget. The contracting of trash services at the City's Parks are paid from this area, but were not budgeted for. This has been changed in the 1997 budget. No budget adjustments will be necessary for 1996. Savings in other areas within the Department have been realized. The Personal Services budget within the Special Services Department exceeded its budget by $2,820. This was due to additional contracted police security work. The additional expenditures were offset by additional revenues. Professional Services also exceeded the budget, however this was also offset by additional revenues. A budget reallocation in the amount of $4,650 from the Contingency Area will be recommended. * The Special Projects and Contingency Department includes an $11,000 expenditure for a video surveillance system in the Police Department. This item w'ds paid for usirig drug forfeiture funds which are held in the General Fund. Expenditures related to norma! General Fund operating activities were under budget by $97,766. B. Capital Expenditures & Transfers Total General Fund expenditures include a $259,100 expenditure for the purchase of the Hennepin County Library Property. This expenditure was paid out of General Fund reserves as approved by Council. Approximately $100,000 of the costs related to this purchase will be recouped from the planned sale of a city-owned parcel adjacent to McCulley Road. General Fund expenditures also include a planned $100,000 transfer to the PIR Fund for storm w'ater management. General Fund Reserves The preliminary (unaudited) figures indicate that the 1996 General Fund Reserves will decrease by $136,453. Although revenues exceeded the budgeted amount by $124,888 and operating expenditures were $97,766 under the budgeted amount, this $222,654 operating surplus was offset by the purchase of the library property , and the transfer of $100,000 of General Fund reser\'es to the PIR Fund for stormwater management. City of Orono 1996 General Fund Revenue Report As of December 31,1996 Source of Revenue 1996 Budeet YTD Budget 12-31-96 YTD Revenues 12-31-96 Dollar Increase (Decrease) From YTD Budeet % Increase (Decrease) Property Taxes 1,647,940 1,647,940 1,641,962 (5,978)-0.36% Licenses 14,500 14,500 8,019 (6.482)-44.70% Permits 170,500 170,500 199,258 28,758 16.87% Intergovernmental 442,630 442,630 453,160 10,530 238% Quu'ges for Services 907,970 907,970 966,299 58,329 6.42% Fines & Forfeits 61,200 61,200 71456 10456 16.92% Interest 59,285 59,285 68,449 9,164 15.46% Miscellaneous 43,730 43,730 63,939 20,209 46.21% TOTAL REVENUES 3.347.755 3.347.755 3.472.643 124.888 3.73% Unaudited r.City of Orono 1996 General Fund Expenditure Report ** As of December 31,1996 Dollar YTD YTD Increase % 1996 Budget Expenditures (Decrease)Increase Budeet 12-31-96 12-31-96 From YTD Budeet ^Decrease) OTY COUNCIL Personal Services 16,270 16,270 16,063 (207)-1.27% Supplies & Maintenance 50 50 121 71 141.12% Professional Service 8,570 8470 8470 0 0.00% Other Expenses 31,735 31,735 31,887 152 0.48% TOTAL 56.625 56.625 56.640 15 0.03% ADMINISTRATION * Personal Services (1)172,615 172,615 178,675 6,060 341% Supplies & Maintenance 400 400 176 (224)-56.01% Professional Service 3,000 3,000 3,084 84 2.81% Other Expenses 9,700 9,700 7,776 (1.924)-19.83% a MM TOTAL 185.715 185.715 189.711 3.996 2.15% ELECnONS Personal Service 5,800 5,800 4,980 (820)-14.13% Supplies & Maintenance 50 50 307 257 514.80% Other Eroenses 815 815 1,230 415 50.89% A MM TOTAL 6.665 6.665 6417 fl48)-2.21% ASSESSING Professional Service 76,160 76,160 77,000 840 1.10% TOTAL 76.160 76.160 77.000 840 1.10% Unaudited City of Orono 1996 General Fund Expenditure Report ** As of December 31,1996 nNANCE Pen-'T'J Services (1) Supplr.'^ Sc Maintence Professioi;«’. Service Other E>i^iises TOTAL LEGAL Professional Service Other Ejqienses TOTAL CENTRAL SERVICES Supplies & Maintenance Professional Service (2) Insurance Capital Outlay Other Ejqpenses TOTAL HUMAN SERVICES Other E^q)enses TOTAL Unaudited 92,080 0 92.080 42,100 6,865 49,365 3,080 62,080 163,490 15,760 15.760 YID YTD Dollar Increase 1996 Budget Expenditures (Decrease)Increase Budget 12-31-96 12-31-96 From YTD Budget (Decrease) 142,080 142,080 143,436 1,356 0.95% 50 50 34 (16)-32.00% 3,240 3,240 3,651 411 12.69% 2,560 2,560 1,824 (736)-28.73% 147.930 147.930 148.946 1.016 0.69% 92,080 0 92,080 42,100 6,865 49,365 3,080 62,080 163,490 15,760 15.760 65,260 0 65,260 39,795 12,799 43,437 3,080 61,148 160,259 15.351 15.351 (26,820) 0 (26.820) (2,305) 5,934 (5.928) 0 (932) (3.2311 (409) -29.13% 0.00% -29.13% -5.48% 86.43% -12.01% 0.00% -1.50% -1.98% I -2.60% -2.60% i City of Orono 1996 General Fund Expenditure Report ** As of December 31,1996 1996 Budget YID Budget 12-31-96 YTD Expenditures 12-31-96 Dollar Increase (Decrease) From YTD Budget % Increase (Decrease! POLICE Personal Services 994,300 994300 1,005,410 11,110 1.12% Supplies & Maintenance 87,400 87,400 86,748 (652)-0.75% Professional Services 30,970 30,970 25,726 (5.244)-16.93% Insurances 29,835 29,835 25,710 (4,125)-13.83% Other Expenses 50,380 50,380 40,341 (10,039)-19.93% Capital Outlay 49,680 49,680 43,518 (6.162)-12.40% TOTAL 1,242,565 1,242,565 1,227,454 (15,111!-1.22% HRE • Professional Service 197,465 197,465 198,719 1,254 0.64% TOTAL 197,465 197,465 198,719 1,254 0.64% • PLANNING & ZONING Personal Services 290,380 290,380 289367 (813)-0.28% Supplies & Maintenance 3,500 3300 1,232 (2,268)-64.80% Professional Services (3)2,500 2,500 4,9%2,4%99.86% Other Expenses 6,085 6,085 4,398 (1.687)-27.72% TOTAL 302,465 302,465 300,193 (2,272!-0.75% Unaudited City of Orono 1996 General Fund Expenditure Report ** As of December 31,1996 Dollar •YTD YTD Increase % 1996 Budget Expenditures (Decrease)Increase Budeet 12-31-96 12-31-96 From YTD Budeet (Decrease) EMERGENCY PREPAREDNESS Supplies & Maintenance 1,100 1,100 884 (216)-19.64% Other Dqpenses 900 900 707 (193)-2139% TOTAL 2,000 2,000 1,591 (409)-20.43% ANIMAL CONTROL Personal Services 12,250 12,250 11,109 (1,141)-931% Supplies & Maintenance 800 800 33 (767)-95.88% Professional Services 1,400 1,400 200 (1.200)-85.71% Other Expenses 250 250 286 36 14.20% TOTAL 14,700 14,700 11,628 (3,072)-20.90% ENGINEERING Professional Service 15,130 15,130 16,042 912 6.03% TOTAL 15,130 15,130 16,042 912 6.03% STREET MAINTENANCE Personal Service 241,850 241,850 243,504 1,654 0.68% SuppUes & Maintenance 206,350 206,350 201,627 (4,723)-2.29% Other E^nses 34,760 34,760 26,714 (8,046)-2.3.15% TOTAL 482,960 482,960 471,845 (11.115)-2.30% ** Unaudited I 5 a* T rf. r City of Orono 1996 General Fund Expenditure Report As of December 31,1996 Dollar f • YTD YTD Increase % 1996 Budget E^qwnditures (Decrease)Increase Budeet 12-31-96 12-31-96 From YTD Budget (Decrease) PARKS & RECREATION Personal Services 26,770 26,770 22,732 (4,038)-15.08% Supplies & Maintenance (4)18,800 18,800 24,377 5,577 29.67% Professional Service 650 650 1350 900 138.48% Other Expenses 5,650 5,650 2,483 (3,167)-56.06% TOTAL 51,870 51.870 51.142 am -1.40% RECYCLING Personal Services 1,685 1,685 1,201 (484)-28.74% Supplies & Maintenance 350 350 0 (350)-100.00% Professional Service 68,120 68,120 65,075 (3,045)-4.47% Other E;q)cnses 6,000 6,000 2,358 (3,642)-60.69% TOTAL 76.155 76.155 68.634 f7.521)-9.88% • SPECIAI. SERVICES - CONSUI.TING& POLICE Personal Services (5)8,850 8,850 11,668 2,818 31.84% Professional Services (6)33,000 33,000 34,829 1,829 534% TOTAL 41,850 41.850 46.497 4.647 11.10% SPECIAL PROJECTS AND CONTONGENaES Personal Services 10,000 10,000 0 (10,000)-100.00% Professional Service 16,000 16,000 1,500 (14,500)-90.63% Other Expenses (7)1,000 1,000 11,695 10,695 1069.48% Transfers 97,500 97,500 97300 0 0.00% Contingency Items 51,670 51,670 25,864 (25,806)-49.94% TOTAL 176,170 176.170 136358 (39.612)-22.48% Subtotal - General Fund 3,347,755 3347,755 3,249,989 (97,766)-2.92% Hetmepin County Land Acquisition (8)——259,103 259,103 0.00% Transfer to PIR Fund ——100,000 100,000 0.00% TOTAL GENERAL FUND 3,347.755 3.347.755 3.609,092 261.337 7.81% 4 Unaudited Comments: (1) Budget was set too low, corrected in 1997. Contingency for salary adjustments $10,000-Special Projects. (2) Permits & Licensing remained on LOGIS system. (3) Includes additional Microfiche services. (4) Budget did not include trash hauling services at the parks. Budget has been adjusted for 1997. (5) Additional Police Security Work. Offset by revenues. (6) Additional Land use application review. Offset by revenues. (7) Includes $11,000 for video surveilance system in PD (Drug Forfeiture Funds). (8) Hennepin County library property. * 1 .■ % X % TO:Ron Moorse, City Administrator Mayor and City Council Members FROM: DATE: Tom Kuehn, Finance Director March 20,1997 SUBJECT: Investment Report for the Year Ended December 31,1996 Attachments: A. Investment Portfolio at December 31,1996 B. Investment Interest Earned compared to Revenue Budget 1996 Discussion - The unaudited statement of earned interest for the year ended December 31, 1996 indicates that the City earned $468,905 compared to budgeted amounts of $384,250 for a favorable variance of $84,655. This compares with interest earned of $445,902 in 1995, and $422,188 in 1994. 'fhe average yield for the year was 6.19% compared to 6.03% for 1995, and 5.76% for 1994, reflecting a continued gradual upturn in interest rates. The investment portfolio, at cost, on December 31, 1996 was $8,341,492, including $413,023 held at the Trustee for the H.R.A. accoimts. This compares to a total investment portfolio, at cost, of $9,837,418, on December 31, 1995, and $7,788,359 ori December 31, 1994.. The investment portfolio decrease of $1,495,926 from December 31, 1995 to December 31,1996 was due to the refunding of all outstanding 1989 Revenue Bonds in January, 1996. Investment Type Mn HFA Rental Housing Mn HFA Rental Housing U.S. Treasury Notes F.I.C.O. Strip Coupon T.V.A. Strip Coupon T.V.A. Strip Coupon Fed Home Loan Bond Fed Nat Mortgage Assoc Fed Home Loan Bond Fed Home Loan Bond F.N.MA Step-Up F.N.MA Step-Up Local Gov't Bonds Certificate of Deposit Certificate of Deposit Fed Home Loan Bond Fed Home Loan Bond Fed Home Loan Bond Fed Nat Mortgage Assoc Federal Farm Credit Banks Fed Nat Mortgage Assoc Fed Home Loan Bond Fed Home Loan Bond Provident Bank Cert Dep Fed Home Loan Bond CITYOFORONO INVESTMENT PORTFOLIO AS OF DECEMBER 31, 1996 Vendor Fed Nat Mortgage Assoc Duff A Phelps C.P. Fed Nat Mortgage Assoc Rorida Power Funding C.P. Fed Nat Mortgage Assoc Certificate of Deposit Oak Funding C.P. Federal Farm Credit Banks L.A. Transit C.P. L.A. Transit C.P. G.E. Capital Credit Corp C.P. Fed Home Loan Bond Certificate of Deposit Money Market Fund Money Market Fund Money Market Fund Money Market Fund Money Market Fund Dain Bosworth Dain Bosworth American Nat'l Bank Smith Barney Dain Bosworth Dain Bosworth Smith Barney First Bank Systems Smith Barney Smith Barney Rrst Bank Systems (&) Smith Barney (&) Dain Bosworth Norwest Bank Norwest Bank Norwest Bank Dain Bosworth Smith Barney Norwest Bank Smith Barney Smith Barney First Bank Systems Dain Bosworth First Bank Systems Rrst Bank Systems Rrst Bank Systems Merrill Lynch Dain Bosworth Smith Barney First Bank Systems First Bank Systems Smith Barney Dain Bosworth Smith Barney Smith Barney Norwest Bank Smith Barney First Bank Systems Merrill Lynch Norwest Bank Rrst Bank Systems First Bank Systems Rrstar/Am Nat Bank FOOTNOTES (a) Maturity date shown is the interest step-up date (b) Actual maturity date is shown but Interest rate is adjusted quarterly Interest rate shown is the minimum rate (c) Investment held by H.R.A. Trustee for H.R.A. Building Bonds Reserve (&) Purchase date shown is the latest step-up date INVESTVINV-LIST Purchase Date Maturity Date Coupon Rate Cost Par Value 09/24/91 02/01/98 8.25%$175,000.00 $175,000.00 09/24/91 08/01/99 8.40%60,000.00 60.000.00 01/20/92 01/31/97 (C)6.25%398,937.50 400.000.00 02/16,^93 12/06/97 6.30%267,785.00 267.785.00 04/29/93 05/15/97 5.47%299,227.05 299.227.05 08/16/93 07/15/97 5.55%409,770.00 409.770.00 10/21/93 03/22/00 (b)5.00%251,250.00 250.000.00 12/10/93 12/10/98 5.30%199,906.25 200.000.00 12/22/93 12/22/98 5.40% 300,000.00 300,000.00 12/29/93 12/29/00 5.95% 200,000.00 200.000.00 02/16/96 02/16/99 5.72%100,000.00 100,000.00 04/15/96 04/15/97 (a)6.50%100,000.00 100,000.00 09/26/94 02/01/98 6.90%50,000.00 50,000.00 07/18/95 07/18/97 5.87% 89,352.50 89,352.50 07/19/95 07/18/97 5.87%89,365.52 89,365.52 07/24/95 07/24/97 5.60%99,640.63 100.000.00 09/06/95 10/14/98 4.89%48,187.50 50,000.00 09/19/95 09/19/05 7.39%100,000.00 100,000.00 01/10/96 01/13/98 5.38%149,964.84 150,000.00 02/12/96 02/12/01 6.05%250,000.00 250.000.00 04/18/96 04/18/01 7.16%200.000.00 200.000.00 04/23/96 04/23/99 6.13%100,000.00 100.000.00 08/09/96 03/25/99 6.07%199,375.00 200.000.00 08/28/96 08/28/01 6.50%95,000.00 95,000.00 09/04/96 09/04/01 6.76%215.000.00 215,000.00 09/11/96 09/11/01 7.43%100,000.00 100,000.00 09/13/96 02/19/97 5.74% 849,457.27 849.457.27 09/30/96 06/18/01 7.45%126,230.47 125,000.00 09/30/96 03/25/97 5.65%316,261.11 316.261.11 10/30/96 10/30/01 7.26%200,000.00 200.000.00 11/29/96 11/29/99 6.31%83.892.62 83,692.62 12/05/96 01/07/97 5.51% 751,207.38 751.207.38 12/05/96 02/03/98 5.73%100.000.00 100.000.00 12/11/96 01/29/97 5.46%248.155.69 248.155.69 12/12/96 01/29/97 5.46%174.728.11 174,720.11 12/13/96 01/29/97 5.21%99.325.03 99.325.03 12/20/96 12/20/99 6.27%200.000.00 200.000.00 12/23/96 12/23/97 5.62%94,607.38 94.607.30 12/18/'96 0.00%100,000.00 100.000.00 12/26/96 0.00%206.450.00 206.450.00 11/29/96 0.00%16,490.94 16.490.94 12/23/96 0.00%212.838.62 212.838.62 00/00/96 (c)0.00%14,085.58 14.005.58 $6.341.491.99 $8.342.999.30 f1 IN\'ESTMNV-UST City of Orono Interest Earned on Investments Comparison With Budget Year Ended December 31,1996 "S" Actual Prior Over/(Under)Year Fund Budget Actual Budget Actual General Fund General $59,285 $68,070 $8,785 $61,994 Special Revenue Funds Park 17,500 16,368 (1,132)16,509 Improvement & Equipment Outlay 17,900 19,390 1,490 17,028 Building Outlay 139,000 147,658 8,658 138,968 Debt Service Funds 1980 Improvement Bonds 0 0 0 752 1982 Improvement Bonds 2,000 2,554 554 3,115 1991 HRA Building Bonds (Trust)24,515 26,453 1,938 26,507 1992 Improvement Bonds 43,000 31,203 (11,797)27,090 1995 Refunding Bonds (1985 Imp Bonds)14,550 9,030 (5,520)9,007 Capital Projects Funds Permanent Improvement Re\'olving 0 20,289 20,289 27,998 1992 Sewer Construction 0 11,024 11,024 9,568 Enterprise Funds Water Operating 4,750 7,999 3,249 5,069 Sewer Operating 55,750 50,906 (4,844)53,514 Sewer Operating Construction 0 45,388 45,388 40,543 Golf Operating 6,000 12,573 6,573 8,150 Grand Total All Funds $384,250 $468,905 MV M mmmrn m $84,655 $445,902 int-earn REQUrST FOR COUNCIL ACTION DATE; March 20 ITEM NO: ^ ( Department Approval: Name Dorothy Hallin Title City Clerk Administrator Reviewed: Agenda Section: Licenses Item Description: List of Licenses for Council Approval SET-UP LICENSE -Don Scherven Navarre Lanes 3435 Shoreline Drive GARBAGE & REFUSE COLLECTOR'S LICENSE (new owner - formerly R & W Sanita'iioni Veit Container Corp dba Veit Disposal Systems Rogers 55374 COUNCIL ACTION REQUESTED Motion to approve/deny above listed licenses I Date:March 18, 1997 To:Ron Moorse, City Administrator From:Gary Cheswick, Chief of Police^ Subject:Set-Up License for Navarre Lanes I have reviewed the application of Mr. Don Scherven on behalf of Navarre Lanes for a Set-Up License. I have no objection to the issuance of this license. Minnesota Department of Public Safety LIQUOR CONTROL DIVISION 444 Cedar St., Suite 100 L, St. Paul, MN 55101-2156 (612)296-6439 TTY(612)282-6555 RENEWAL OF CONSUMPTION & DISPLAY PERMIT Permit Fee $150 (Renewal Date: April 1) 5598 PUBLIC Navarre Lanes Inc. Navarre Lanes Box 51 Navarre, MN 55392 h Workmens Comp Ins. Co. City/County w here permit approved; IF NAME. ND ADDRESS SHOWN ARE NOT CORRECT, MAKE CHANGES BELOW Policy Period. Permit Name: Trade Name: Location address: City, State. Zip Code: Business Phone; By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers,bylaw'S, membership, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. Applicant's signature on this renewal confirms the following: Failure to report anv of the following will result in fines. 1. Applicant confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Applicant confirms that for the past five >ea'-s it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 3. Applicant confirms that during the past five >ears it or its emplo>ees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Applicant confirms that Workers Compensation insurance is in effect for the full license period. 5. Applicant confirms, no clubpn-salc intoxicating liquor license is held. 6. Applicant confirms businie^ p/emisA are ^parate from any other business establishment. Applicant Signature (Signature certifies all abo/e informaifon to be correct and permit has been approved by city/county. City Clerk/Countv Auditor Signature (Signature certifies tl it)a|consuO(ir)t:ofanJ^ TUJl onpNO Date lermit has been approved by the city/county as stated above). PS09097(8/95)MAR 1.7,1997, • • CI^ OF ORONO P.O. Box 66 Cry^^t^l Bay, MN 55323 473-7357 «tceW60 2FOSE License Year / ^ _ Date Received ^ '? Fee Paid ^t^S, n>Initials j^x«) garbage S BEtOSE COMSSTOR'S LICENSE APPLICATION C\T< The undersisned wishes to operate the indicated business in the City of Or|no and herewith makes application for a license to do so. Sg Business Phone Number 612-428-22A2 Applicant's Name Donald Kachal. rj- Address 6213 Dempsey Ave NW----------------) ~ ------(Street) (City) Phone Number 612-878—1589 Check one:Individual Number of Vehicles to be used in Orono Partnership 5 Corporation Description of Vehicles (attached list if more): See Attache»(List Year Mfar. Gr°tt°Wt. Rearfx^e wt^ Slae/Yards License Nnmb^ General area of City served As Request^----------------------- Schedule of Collection charges/ dates As Request^ Approximate number of customers in Orono -*2—- - - - -- Location of dumping area Vonco UndflU._19000_County Road c. Big Lake Townshl^55309 i^Ora'^VoR'TOVs'M^LrckMOT'tod MUST ENCLOSE THE HOLLOWING: Surety bond in the amount of $1,000 Proof of insurance in the amount of ra7throw7er"anro"p'e"r ’a'tor of the above business and I have paid all license fees Ld tax« rewired by law. The above information is correct. A^licant Date FOR^ITY DSB ONLY After review of application, staff recommends: ^ Approval Denial other (specify) Sigw^r^of^lty oriicial (mZ)//V^7 Date ^0/ . \ r 10 Mar 1997 Non 2:50 PM Check Register City of Orono Check Number Date Name Check Number 53424 53424 Cirf COUrrTY CREDIT UNION 12-Mar-97 CITY COUNTY CREDIT UNION Totals Check Number 53424 CITY COUNTY CREDIT UNION Check Number 53425 FIRST NATIONAL BANK OF LAKES 53425 53425 53425 12-Mar-97 12-Mar-97 12-Mar-97 FIRST NATIONAL BANK LAKES FIRST NATIONAL BANK OF LAKES FIRST NATIONAL BANK OF LAKES Totals Check Number 53425 FIRST NATIONAL BANK OF LAKES Check Number 53426 GREAT WEST LIFE ASSURANCE CO. 53426 n-Mar-97 GREAT WEST LIFE ASSURANCE CO, Totals Check Number 53426 GREAT WEST LIFE ASSURANCE CO, Check Number 53427 HENNEPIN CO. SUPPORT 4 COLL 53427 12-Mar-97 HENNEPIN CO. SUPPORT k COLL Totals Check Number 53427 HENNEPIN CO. SUPPORT k COLL Check Number 53428 HENNEPIN COU!n*Y SUPPORT k COLL 53428 12-Mar-97 HENNEPIN COUNTY SUPPORT k COLL Totals Check Number 53428 HENNEPIN COUNTY SUPPORT k COLL Check Number 53429 ICKA RETIREMENT TRUST - 457 53429 12-Mar-97 ICMA RETIREMENT TRUST - 457 Totals Check Number 53429 ICMA RETIREMENT TRUST - 457 Check Number 53430 LAW ENFORCKENT LABOR SERVICE 53430 12-Mar-97 LAW E1;F0RCM£NT LABOR SERVICE Totals Check Number 53430 LAW ENFORCMENT LABOR SERVICE Check Number 53431 hCJ DEPT OF REVENUE 53431 12-Mar-97 ICl DEPT OF REVENUE Totals Check Number 53431 MN DEPT OF REVENITE Check Number 53432 KN MUTUAL LIFE 53432 12-Mar-97 MN MUTUAL LIFE Totals Check Number 53432 MN MUTUAL LIFE Transaction Amount 7.733.00 7.733.00 3.352.15 3.352.15 7,910.58 14.614.88 734.46 734.46 197.71 197.71 184.50 184.50 100.00 100.00 0.00 0.00 3,361.72 3,361.72 200.00 200.00 Page 1 Comments SAVINGS W/H k TRANSFERRED FICA k MEDICARE W/H FICA.MEDCR CITY SHARE FEDERAL WITHHOLDING DEFERRED COMP W/H THOMTON #C0266780 SKREEN SC0262310 DEFERRED CCM? W/H UNION DUES W/H STATE TAX W/H DEFERRED COMP W/H j-.r.. -- -- -...- - - T - ■ II aMi I 10 Mar 1997 Mon 2:50 PM Check Number Check Number 53433 Check Register City of Orono Date Name 53433 MN STATE RETIREMENT-DEF COMP 12-Mar-97 MN STATE RETIREMENT-DEF COMP Totals Check Number 53433 MN STATE RETIREMENT-DEF COMP Transaction Amount 177.00 177.00 Page 2 Comments DEFERRED COMP H/H Check Number 53434 53434 PEBSCO/OBRA 12-Mar-97 Totals Check Number PEBSCO/OBRA 53434 PEBSCO/OBRA 39.51 39.51 OBRA DEFERRED COMP W/H Check Number 53435 PEBSCO/US CCNF OF MAfORS 53435 12-Mar-97 Totals Check Number PEBSCO/US CONF OF MAYORS 53435 PEBSCO/US CONF OF MAYORS 2.297.86 2.297.86 USCM DEFERRED COMP W/H Check Number 53436 PERA 53436 53436 12-Mar-97 12-Mar-97 Totals Check Number PERA PERA 53436 PERA 4.209.06 5.553.30 9.762.36 PERA EMPLOYEE W/H PERA CITY SHARE Check Number 53437 UNITED WAY 53437 12-Mar-97 Totals Check Number UlUTED WAY 53437 UNITED WAY 23.00 23.00 CHARITY DONATIONS W/H Grand Total 39.426.00 20 Mar 1997 Thu 11:45 AM Check Register City of Orono L* Check Number Date Name Check Number 53438 53438 A-1 RENTAL lO-Mar-97 A-1 RENTAL Totals Check Number 53438 A-1 RENTAL Check Number 53439 AIRTOUCH CELLULAR 53439 24-Mar-97 AIRTOUCH CELLULAR Totals Check NUinber 53439 AIRTOUCH CELLULAR Check Number 53440 AMERICAN MEDICAL SECURITY 53440 24-Mar-97 AMERICAN MEDICAL SECURITY Totals Check Number 53440 AMERICAN MEDICAL SECURITY Check Number 53441 ANCHOR PAPER 53441 24-Mar-97 ANCHOR PAPER Totals Check Number 53441 ANCHOR PAPER Check Number 53442 ANDERSON, BRUCE 53442 24-Mar-97 ANDERSON. BRUCE Totals Check Number 5344 2 ATiDERSON. BRUCE Check Number 53443 ASCOM MAILING SYSTEMS 53443 24-Mar-97 ASCOM MAILING SYSTEMS Totals Check Number 53443 ASCOM MAILIIR3 SYSTEMS Check Number 53444 ASPLUIiDH COFFEE 53444 24-Mar-97 ’ASPLUNDH COFFEE Totals Check Number 53444 ASPLUNDH COFFEE Check Number 53445 BLACKOWIAK & SON 53445 24-Mar-97 BLACKOWIAK & SON Totals Check Number 53445 BLACKOWIAK fit SON Check Number 53446 BONESTROO ROSENE fit ASSOC. 53446 53446 24-Mar-97 24-Mar-97 BONESTROO ROSENE 6 ASSOC. BONESTROO ROSENE & ASSOC, Transaction Amount 5.63 5.63 394.04 394.04 587.05 587.05 511.20 511.20 21.08 21.00 180.75 100.75 263.35 263.35 168.58 160.58 412.50 55.00 Page 1 Comments SCAFFOLD RENTAL-REPAIRS CELL PHONE CHARGES APRIL INSURANCE COPY PAPER EXPENSE REIMBLTISEME.NT 2ND QTR METER RENTAL COFFEE. FILTERS FEB SERVICE I/I NAVARRE. CASCO PT KELLY AVE SWR-JAN 4t 20 Mar 1997 Check Register Page 2 Thu 11:45 AM Check Number Check Number Date 53446 BONESTROO Name ROSENE & ASSOC. City of Orono Transaction Amount Comments 53446 24-Mar-97 BONESTROO ROSENE &ASSOC.5.750.15 CLOSE OUT BR RD/HTRTHN 53446 24-Nar-97 BONESTROO ROSENE a ASSOC.1.651.00 L.S. «2B REKOVATION-JAN 53446 24-Mar-97 BONESTROO ROSENE &ASSOC.564.77 OCB RD TRAIL ASSIST JAM 53446 24-Mar-97 BONESTROO ROSENE 5 ASSOC.10.820.00 RFP «2 STORM HTR MGMT F: 53446 24-Mar-97 BONESTROO ROSENE a ASSOC.27.50 MSA GEN-JAM 53446 24-Mar-97 BONESTROO ROSENE a ASSOC.2.330.24 JAN SERVICE Totals Check Number 53446 BONESTROO ROSENE a ASSOC.21.611.16 Check Number 53447 BRAUN INTERTEC 53447 24-Mar-97 BRAUN INTERTEC Totals Check Number 53447 BRAUN INTERTEC Check Number 53448 BUDGET PRINTING S344B 24-Mar-97 BUDGET PRINTING Check Number 53453 CHUNKS LAKESHORE AUTO 245.70 245.70 9.82 GROUNDWATER ANALYSIS COLOR COPIES 53448 24-Mar-97 BUDGET PRINTING 5.21 SHIPPING CHARGES 53448 24-Mar-97 BUDGET PRINTING 22.28 INVITATIONS 53448 24-Mar-97 BUDGET PRINTING 92.15 NO PARKING SIGN NO! 53448 24-Mar-97 BUDGET PRINTING 5.13 SHIPPING CHARGES Tr.als Check Number 53448 BUDGET PRINTING 134.59 Che k Number 53449 C.R.MFO. CO. 53449 24-Mar-97 C.R. MFG. CO.2.125.25 RECYCLING BINS Totals Check Number 53449 C.R. MrG. CO.2.125.25 Check Number 53450 CARGILL SALT DIVISION 53450 24-Mar-97 CARGILL SALT DIVISION 4.190.70 DEICING SALT Totals Check Number S3450 CARGILL SALT DIVISION 4.190.70 Check Number 53451 CARGILL SALT 53451 24-Mar-97 CARGILL SALT 1.371.39 WTR SOFTC.-ER SALT Totals Check Number 53451 CARGILL SALT 1.371.39 Check Number 53452 CDP IMAGING SYSTEMS 53452 24-Mar-97 CDP IMAGING SYSTEMS 189.88 MAR LEASE 53452 24-Mar-97 CDP IMAGING SYSTEMS 189.88 FEB LEASE 53452 24-Mar-97 CDP IMAGING SYSTEMS 189.68 JAN LEASE 53452 24-M-ar-97 CDP IMAGING SYSTEMS 51.86 STAPLES FCR COPIER Totals Check Number 53452 CDP IMAGING SYSTEMS 621.50 ij i '^r 20 Mar 1997 Check Register Page Thu 11:45 AM City of Orono Check Transaction Number Date Name Amount Comments Oieck Number 53453 CHUNKS LAKESHORE AUTO 53453 24-Mar-97 CHUNKS LAKESHORE AUTO 13.00 6176 MOUNT. BALANCE TIRE 53453 24-Mar-97 CHUNKS LAKESHORE AUTO 339.84 6171 BRAKES. OIL CHANGE 53453 24-Mar-97 CHUNKS LAKESHORE AUTO 139.66 6174 DIAG. BATTERY CHANGE 53453 24-Mar-97 CHUNKS LAKESHORE AUTO 115.26 6175 TRUNK LATCH. OIL CHG 53453 24-Mar-97 CHUNKS LAKESHORE AUTO 175.28 6176 REPLACE LENSE, LIGHT 53453 24-Mar-97 CHUNKS LAKESHORE AUTO 24.95 6176 ROTATE TIRES 53453 24-Mar-97 CHUNKS LAKESHORE AUTO 49.51 6176 OIL CHANGE. LUBE Totals Check Number 53453 CHUNKS LAKESHORE AUTO 857.50 Check Kumber 53454 53454 53454 CITY OF MIN?iETONKA 24-Mar-97 24-Mar-97 CITY OF MINNETONKA CITY OF MINNETO!?KA Totals Check Number 53454 CITY OF MINNETONTCA Check Number 53455 CITY OF MOUND 53455 24-Mar-97 CITY OF MOUND Totals Check Number 53455 CITY OF MOUND Check Number 53456 CITYVIEW PLUMBING k HEATING 53456 24-Mar-97 CITYVIEW PLUMBING k HEATING Totals Check Number 53456 CITYVIEW PLUMBING & HEATING Check Number 53457 CONNELLY INDUSTRIAL ELEC. 53457 24-Mar-97 COI^NELLY INDUSTRIAL ELEC. Totals Check Number 53457 CONNELLY INDUSTRIAL ELEC. Check Number 53458 CRABTREE CO.MPANIES 53458 24-Mar-97 CRABTREE COMPANIES Totals Check Number 53458 CRABTREE COMPANIES Check Number 5345"9 CRYSTEEL 53459 24-Mar-97 CRYSTEEL Totals Check Number 53459 CRYSTEEL Check Number 53460 CULLIGAN 53460 24-Mar-97 CULLIGAN Totals Check Number 53460 CULLIGAIJ 160.00 9.239.00 9.399.00 19.964.00 19.964.00 1.211.30 1.211.30 134.07 134.07 358.70 358.70 68.38 68.38 30.50 30.50 LMACC TRAINING 2ND QTR PROSECUTION 2ND QTR FIRE CONTRACT FURNACE FOR G.C, TIMER TONER FOR LASER PRINTER REFLECTIVE TAPE WTR SERVICE 20 Mar 1997 Thu 11:45 AM Check Register City of Orono Check Number Date Name Check Number 53461 53461 DAHLGREN SHARDLOW k UBAN 24-Mar-97 DAHLGREN SHARDLOW k UBAN Totals Check Number 53461 DAHLGREi; SHARDLOW k UBAN Check Number 53462 DOYLE INC. 53462 24-Mar-97 DOYLE INC. Totals Check Number 53462 DOYLE INC. Check Number 53463 ELITE AUTO 53463 24-Mar-97 ELITE AUTO Totals Check Number 53463 ELITE AUTO Check Number 53464 ELMER J. PETERSON CO. 53464 24-Mar-97 ELMER J. PETERSON CO Totals Check Number 53464 ELMER J. PETERSON CO, Check Number 53465 EXPRESS MESSENGER 53465 24-Mar-97 EXPRESS MESSENGER Totals Check Number 53465 EXPRESS MESSENGER Check Number 53466 FBS IN'/ESTMENT SERVICES 53466 24-Mar-97 FBS imTSTMENT SERVICES Totals Check Number 53466 FBS INVESTMENT SERVICES Check Number 53467 FEED RITE CONTROLS 53467 24-Mar-97 FEED RITE CONTROLS Totals Check Number 53467 FEED RITE CONTROLS Check Number 53468 FIRSTAR TRUST COMPANY 53468 53468 24-Mar-97 24-Mar-97 FIRSTAR TRUST COMPANY FIRSTAR TRUST COMPANY Totals Check Number 53468 FIRSTAR TRUST COMPANY Check Number 53469 FISCHER AGGREGATES INC. 53469 53469 24-Mar-97 24-Mar-97 FISCHER AGGREGATES INC. FISCHER AGGREGATES INC. Totals Check Number 53469 FISCHER AGGREGATES INC. Transaction Amount 448.06 448.06 29.27 29.27 53.25 53.25 137.00 137.00 1.66 1.66 359.18 359.18 25.00 25.00 181.00 1.080.00 1.261.00 2.791.79 2.236.12 5.027.91 Page 4 Comments GIS DESIGN FILTER TIRES FOR TRAILER PUMPED MAINT GARAGE DELIVERY CHARGES PROVIDENT CD EXCESS INT CONTAINER CHARGE •92 IMP BOND FISCAL AGENT HRA TRUSTEE FEE 2ND HALF WINTER SAND WINTER SAND 20 Mar 1997 Thu 11:45 AM Check Register City of Orono Check Number Date Name Check Number 53470 53470 FLOYD TOTAL SECURITY 24-Mar-97 FLOYD TOTAL SECURITY Totals Check Number 53470 FLOYD TOTAL SECURITY Check Number 53471 G & K SERVICES 53471 53471 53471 53471 53471 53471 53471 24-Mar-97 24-Mar-97 24-Mar-97 24-Mar-97 24-Mar-97 24-Mar-97 24-Mar-97 G 5 K SERVICES G & K SERVICES G 5 K SERVICES G & K SERVICES G fit K SERVICES S fit K SERVICES G fit K SERVICES Totals Check Number 53471 G fit K SERVICES Check Number 53472 GALL'S INC. 53472 24-Mar-97 GALL'S INC. Totals Check Number 53472 GALL'S INC, Check Number 53473 GENUINE PARTS CO. 53473 53473 24-Mar-97 24-Mar-97 GENUINE PARTS CO GENUINE PARTS CO, Totals Qieck Number 53473 GENUINE PARTS CO Check Number 53474 GERRING'S CAR WASH 53474 53474 04-Mar-96 18-Mar-96 GERRING'S CAR WASH GERRING'S CAR WASH Totals Check Number 53474 GERRING'S CAR WASH Check Number 53475 GOPHER STATE ONE-CALL INC. 53475 53475 24-Mar-97 24-Mar-97 GOPHER STATE ONE-CALL INC GOPHER STATE ONE-CALL INC, Totals Check Number 53475 GOPHER STATE ONE-CALL INC, Check Number 53476 GTE DIRECTORIES 53476 24-Mar-97 GTE DIRECTORIES Totals Check Number 53476 GTE DIRECTORIES Check Number 53477 HACK CHEMICAL CO. 53477 24-Mar-97 KACH CHEMICAL CO. Transaction Amount 169.00 169.00 11.10 62.05 5.33 11.10 76.89 6.34 60.95 233.76 49.98 49.98 68.79 662.39 731.18 14.94 21.94 36.88 4.38 4.37 8.75 62.40 62.40 62.74 Page' 5 Comments 2ND QTR FIRE SPKLR MONITO RATHBUN STREET EMPLOYEES STEFFENHAGEN RATHBUN STREET EMPLOYEES STEFFENHAGEN FLOOR MATS OXFORD MISC PARTS MISC PARTS CAR WASH TICKETS CAR WASH TICKETS FEB SERVICE FEB SERVICE DIRECTORY ADVERTISING TEST CHEMICALS -- - 20 Mar 1997 Thu 11:45 AM Check Register City of Orono Check Number Date Name Check Number 53477 53477 HACK CHEMICAL CO. 24-Mar-97 HACH CHEMICAL CO. Totals Check Number 53477 HACK CHEMICAL CO. Check Number 53478 HANSING, CAROL 53478 24-Mar-97 HANSING. CAROL Totals Check Number 53478 HANSING, CAROL Check Number 53479 HEALTHPARTNERS 53479 53479 24-Mar-97 24-Mar- 97 HEALTHPARTNERS HEALTHPARTNERS Totals Check Number 53479 HEALTHPARTNERS Check Number 53480 HENNEPIN COUNTY SHERIFF 53480 24-Mar-97 HENNEPIN COUNTY SHERIFF Totals Check Number 53480 HENNEPIN COUNTY SHERIFF Check Number 53481 HENNEPIN COUNTY TREASURER-ACCT 53481 24-Mar-97 HENNEPIN COUNTY TREASURER-ACCT Totals Check Number 53481 HENNEPIN COUNTY TREASURER-ACCT Check Number 53482 hennepin county treasurer-gen 53482 24-Mar-97 HErWEPIN COUNTY TREASURER-GEN Totals Check Number 53482 HENNEPIN COUNTY TREASURER-GEN Check Number 53483 LAKE MTKA CONSERVATION DIST. 53483 24-Mar-97 LAKE MTKA CONSERVATION DIST. Totals Check Number 53483 LAKE MTKA CONSERVATION DIST. Check Number 53485 53485 LOGIS 24-Mar-97 LOGIS Transaction Amount 223.90 286.64 41.98 41.98 313.51 5.477.08 5.790.59 261.06 261.06 20.00 2C.00 2.038.00 2.038.00 13.026.10 13.026.10 Check Number 53484 LEAGUE Or MN CITIES INS. TRUST 53484 24-Mar-97 LEAGUE OF MN CITIES INS.TRUST 14.435.25 53484 24-Kar-97 LEAGUE OF MN CITIES INS.TRUST 698.00 53484 24-Mar-97 LEAGUE OF MN CITIES INS.TRUST 649.00 53464 24-Mar-97 LEAGUE OF MN CITIES INS.TRUST 15.588.00 Totals Check Number 53484 LEAGUE OF MN CITIES INS.TRUST 31.370.25 2.532.59 Page 6 Comments TEST CHEMICALS UNIFORM REIMB. APRIL INSURANCE APRIL INSURANCE JAN BOOKING FEES KCMESTEAD APPLICATIONS ROOM AND BOARD - JAN 1ST. 2ND QTR PAYMENT COMPREHENSIVE PACKAGE INS OPEN MTG LAW INS PETROFUND INS EXCESS LIABILITY INS JAN DATA PROCESSING 1 1 J 20 Mar 1997 Thu 11:45 AM Check Register City of Orono Check Kumber Date Name Check Number 53485 LOGIS Totals Check Number 53485 LOGIS Check Number 53486 LONG LAKE FAMILY PRACTICE 53486 24-Mar-97 LONG LAKE FAMILY PRACTICE Totals Check Number 53486 LONG LAKE FAMILY PRACTICE Check Number 53487 LONG LAKE POWER EQUIPMENT 53487 24-Mar-97 LONG LAKE POWER EQUIPMENT Totals Check Number 53487 LONG LAKE POWER EQUIPMENT Oieck Number 53488 LONG LAKE TRACTOR EQUIPMENT 53488 53488 53488 24-Mar-97 24-Mar-97 24-Mar-97 LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIPMENT LONG LAKE TRACTOR EQUIP^®NT Totals Check Number 53488 LONG LAKE TRACTOR EQUIPMENT Check Number 53489 MABUSTH, JEANNE 53489 24-Mar-97 MABUSTH, JEANI;E Totals Check Number 53489 MABUSTH, JEANJiE Check Number 53490 MCNICHOLS, DAVID 53490 24-Mar-97 MCNICHOLS, DAVID Totals Check Number 53490 MCNICHOLS. DAVID Check Number 53491 MICRO AGE 53491 24-Mar-97 MICRO AGE Totals Check Number 53491 MICRO AGE Check Nuftber 53492 MINNEAPOLIS OXYGEN COMPANY 53492 53492 24-Mar-97 24-Mar-97 MINNEAPOLIS OXYGEN COMPANY MINNEAPOLIS OXYGEN COMPANY Totals Check Number 53492 MINNEAPOLIS OXYGEN COMPANY Check Number 53493 MN BENEFIT ASSOCIATION 53493 04-Mar-96 MN BENEFIT ASSOCIATION Totals Check Number 53493 MN BENEFIT ASSOCIATION Transaction Amount 2,532.59 36.00 36.00 6.02 6.02 64.84 79.01 6.07 149.92 16.50 16.50 209.16 209.16 95.00 95.00 13.50 9.00 22,50 76.22 74 .22. Page 7 Comments HEP B VAC-BITOEY SHUT OFF VALVE BUSHING FOR BACKHOE #425 PARTS BRUSH BELT EXPENSE REIMS. MCNICHOLS-EXPENSE REIMB INSTALL HARDDRIVE, MEM MEDICAL OXYGEN ACETYLENE MARCH INSURANCE •'I 20 Mar 1997 Thu 11:45 AM Check Register City of Orono Check Number Date Name Check Number 53494 53494 MN POLICE RECRUITMEJrr SYSTEM 24-Mar-97 MN POLICE RECRUITMENT SYSTEM Totals Check Number 53494 MN POLICE RECRUITMENT SYSTEM Check Number 53495 NAVARRE HARDWARE Check Number 53497 OLSON, JOHN C 53497 24-Mar-97 OLSON, JOHN C Totals Check Number 53497 OLSON, JOHN C Check Number 53498 OMAN, LYLE 53498 53498 24-Mar-97 24-Feb-97 OMAN, LYLE OMAN, LYLE Totals Check Number 53498 OMAN, LYLE Check Number 53499 PERRYS TRUCK REPAIR 53499 53499 53499 24-Mar-97 24-Mar-97 24-Mar-97 PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR Totals Check Number 53499 PERRYS TRUCK REPAIR Check Number 53500 PHEOLL 53500 24-Mar-97 PHEOLL Totals Check Number 53500 PHEOLL Check Number 53501 PIONEER 53501 53501 53501 53501 lO-Mar-97 lO-Mar-97 lO-Mar-97 lO-Mar-97 PIONEER PIONEER PIONEER PIONEER L._.... Transaction Amount 95.06 95.06 133.08 133.08 7.75 34.41 42.16 69.22 91.35 47.93 208.50 25.73 25.73 63.00 42.00 40.25 21.00 Page 8 Comments LEGAL EXPENSE 53495 24-Mar-97 NAVARRE HARDWARE 55.78 MISC PARTS 53495 24-Mar-97 NAVARRE HARDWARE 7.64 MISC PARTS 53495 24-Mar-97 NAVARRE HARDWARE 563.79 MISC PARTS Totals Check Number 53495 NAVARRE HARDWARE 627.21 Check Number 53496 OFFICE DEPOT 53496 24-Mar-97 OFFICE 1DEPOT 480.72 MISC suppl: Totals Check Number 53496 OFFICE 1DEPOT 480.72 REIMB. FOR SUPPLIES MILEAGE REIMB. MILEAGE REIMBURSEMENT #176 TOW & TIRE REPAIR TOW VEHICLE #172 TOW CHARGE MISC PARTS LAND USE APPLICATIONS APPL #2224-REZONING APPL #2212-REBERS APPL #2218-JYLAND DEVELOP 20 Mar 1997 Thu 11:45 AM Check Number Date Name Check Number 53501 PIONEER 53501 lO-Mar-97 PIONEER 53501 lO-Mar-97 PIONEER 53501 lO-Mar-97 PIONEER 53501 lO-Mar-97 PIONEER 53501 lO-Mar-97 PIONEER Check Register City of Orono Totals Check Number 53501 PIONEER Check Number 53502 PIONEER RIM & WHEEL CO 53502 53502 53502 53502 24-Mar-97 24-Mar-97 24-Mar-97 24-Mar-97 PIONEER RIM a WHEEL CO PIONEER RIM U WHEEL CO PIONEER RIM Si WHEEL CO PIONEER RIM k WHEEL CO Totals Check Number 53502 PIONEER RIM k WHEEL CO Check Number 53503 POLICE INSTITUTE 53503 24-Mar-97 POLICE INSTITUTE Totals Check Number 53503 POLICE INSTITUTE Check Number 53504 POPHAM HAIK & ASSOC 53504 53504 53504 24-Mar-97 24-Mar-97 24-Mar-97 POPHAM HAIK a ASSOC POPHAM HAIK & ASSOC POPHAM HAIK k ASSOC Totals Check Number 53504 POP»*AM HAIK k ASSOC Check Number 53506 POWERPHONE INC. 53505 24-Mar-97 POWERPHOi.*, IK. Totals Check Number 53505 POWERPHONE INC. Check Number 53506 PRECISION BUSINESS SYSTEMS 53506 24-Mar-97 PRECISION BUSINESS SYSTEMS Totals Check Number 53506 PRECISION BUSINESS SYSTEMS Check Number 53507 RC IDENTIFICATIONS 53507 24-Mar-97 RC IDENTIFICATIONS Totals Check Number 53507 RC IDENTIFICATIONS Check Number 53508 RITZ CAMERA 53508 24-Mar-97 RITZ CAMERA Totals Check Number 53500 RITZ CAMERA Transaction Amount 96.40 72.30 87.50 350.00 45.50 817.95 979.44 76.13 73.06 984.95 2*113.58 90.00 90.00 407.00 326.95 2*106.40 2*840.35 99.00 99.00 69.00 69.00 6.39 6.39 7.42 7.42 I Page 9 Consents BAYRIDGB. HARTWOOD SWR BRACKETTS POINT SWR AXLE WEIGHT LIMITS NOISE CONTROL ORDINANCE AD FOR BIDS - LS 86 AXLE FOR TRAILER PARTS FOR TRAILER PARTS FOR TRAILER AXLE FOR TRAILER SCKOENHOFF REGISTRATION GOLF COURSE LAND TRADE OCB RD TRAIL EASEMENTS JA:J SERVICE EMER CRIME SCENE RESPONDR REPAIR TRANSCRIBER ID CARDS-OAPPA, VANZOMERE FILM DEVELOPING 20 Mar 1997 Thu 11:4S AM Check Number Check Number 53509 Check Register City of Orono Date Name 53509 ROLF ERICKSON ENTERPRISES 18-Mar-96 ROLF ERICKSON ENTERPRISES Totals Check Number 53509 ROLF ERICKSON ENTERPRISES Check Number 53510 53510 53510 SNYDER DRUG STORES 24-Mar-97 24-Mar-97 Totals Check Number SNYDER DRUG STORES SNYDER DRUG STORES 53510 SNYDER DRUG STORES Check Number 53511 53511 ST. JOSEPH'S EQUIP^GOT INC. 24-Mar-97 Totals Check Number ST. JOSEPH'S EQUIPMENT INC. 53511 ST. JOSEPH'S EQUIPMENT INC. Check Number 53512 53512 SUBURBAN RATE AUTHORITY 10-Mar-96 Totals Check Number SUBURBAN RATE AUTHORITY 53512 SUBURBAN RATE AUTHORITY Check Number 53513 53513 53513 SUBURBAN TIRE INC. lO-Mar-97 24-Mar-97 Totals Check Number SUBURBAN TIRE INC. SUBURBAN TIRE INC. 53513 SUBURBAN TIRE INC. Check Number 53514 53514 TOLL GAS & WELDING SUPPLY 24-:;ar-97 Totals Check Number TOLL GAS a WELDING SUPPLY 53514 TOLL GAS k WELDING SUPPLY Check Number 53515 53515 TRACY TRIPP FUELS 24-Mar-97 Totals Check Number TRACY TRIPP FUELS 53515 TRACY TRIPP FUELS Check Number 53516 53516 TREADWAY GFJ.PHICS 24-Mar-97 Totals Check Number TREADWAY GRAPHICS 53516 TREADWAY GRAPHICS Check Number 53517 53517 UNIFORMS UNLIMITED 24-Mar-97 Totals Check Number UNIFORMS UNLIMITED 53517 UNIFORMS UNLIMITED Transaction Amount 6,590.82 6,590.82 4.42 2.59 7.01 12.28 12.28 400.00 400.00 416.88 613.44 1,030.32 147.93 147.93 2,018.83 2,018.83 236.75 236.75 94.04 94.01 Page 10 Comments APRIL ASSESSING FEE FILM DEVELOPING FILM DEVELOPING BOOT 1ST HALF 1996 MEMBERSHIP #•25 TIRES SjUAD CAR TIRES MISC PARTS GASOLINE PURCHASE DARE SUPPLIES MISC UNIFORMS i “ 20 Mar 1997 Thu 11:45 AM Check Register City of Orono Check Transaction Page 11 Number Date Name Amount Comments Check Number 53518 VILLAGE CHEVROLET 53518 24-Mar -97 VILLAGE CHEVROLET 708.67 #712 REPAIR OIL LINE Totals Check Number 53518 VILLAGE CHEVROLET 708.67 Check Number 53519 WARNING LITES OF MN 53519 24-Mar -97 WARNING LITES OF MN 89.46 BARRICADE RENTAL Totals Check Number 53519 WARNING LITES OF MN 89.46 Check Number 53520 YOCUM OIL CO INC. 53520 24-Mar -97 YOCUM OIL CO INC.253.62 DIESEL FUEL Totals Check Number 53520 YOCUM OIL CO INC.253.62 Check Number 53521 ZIEGLER 53521 24-Mar -97 ZIEGLER 4.60 MISC PARTS 53521 24-Mar -97 ZIEGLER 19.64 MISC PARTS Totals Check Number 53521 ZIEGLER 24.24 Grand Total 148,?56.35 . •> INFORMATION ITEMS COUNCIL MEETING OF COUNCIL MEETING MAR 2 4 1997 CnVOFORONO h'l 1997 March 1997 BECINSATTHEGOLF COURSESITE Sunday Monday Tuesday Wednesday Thursday Friday Saturday 30 31 1 2 3 4 5 6 7 8 9 10 It 12 0 14 15 16 17 18 19 20 21 22 23 24 25 5:OOP.H.ORONO 26 COUNCIL CHAMBERS HWY12 poua COMMIHEE MEETING 27 26 29 30 S.-00AJt.PUBUC 31 HEAWNG-NATURAL A SCENIC AREA GRANT APmanoN 6HX)P>L PUNNING COHHISSIONWORK SESSION-SPRINGNIU KOicrniiRtc . # 1997 April 1997 Sunday Monday Tuesday } A.M. SPECIAL COUNCIL MEETING • OUNH ROAD IS WCTIAND VARIANCE- DISCUSSION OF HWY 12 DESIGN REVIEW COMHIHEE AND ebqcesi Wednesday 7KK) P.M. HIGHWAY 12 DESIGN REVIEW COMMITTEE MEETING Thursday Friday Saturday 8 18 7:00 P.M. BOARD OF REVIEW MEETING t Wf t March 14,1997 GITYof ORONO Municipal Ofllces Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Senator Gen Olson 119 State Office Building St. Paul, Minnesota 55155 Dear Senator Olson: THIS LETTER ALSO SENT TO; Senator Edward Oliver Representative Todd VanDellen Representative Tom Workman The city of Orono has been monitoring legislative proposals regarding tax reform, all of which include local levy restrictions. The push for local levy restrictions is based on the false belief that if the State takes over additional school funding to relieve the property tax burden, cities and counties will quickly increase their levies dramatically and eliminate the initial savings to taxpayers. This assumption ignores the fact that nearly two-thirds of the growth in the property tax since 1990 has been in school levies, while counties account for one-fourth and cities account for one- tenth of the growth. Taking more school funding off of the property tax is a much more effective method of reducing property tax growth than imposing levy limits on other local governments. On behalf of Mayor Jabbour and the Orono City Council, I strongly urge you to reject the inclusion of local levy restrictions in any tax reform proposal. Thank you for your assistance. Sincerely,-7 Ronald J. Moorse City Administrator Telephone (612) 473-7357 • FAX 47341510 PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATE REPORT NBR. BPRMTI^S-1 DATE OF RUN 03/03/97 PERMIT TYPE Building SQL FAMILY-NEW SF-ADD/REMODEL DEMO/PRINCIPAL COM-ADD/REMODEL DEMO-ACCESSORY Sub-total Mechanical HEATING SYSTEMS AIR CONDITIONING FIREPLACE VENTILATION GAS LINE INSPECT DUCT WORK ONLY Sub-total Plumbing FIXTURES SPRINKLER WATER METER Sub-total Sewer U Water SEWER CONNECTION NEW SEPTIC SYSTE SAC ONLY Sub-total Sign TEMPORARY Sub-total User Defined LAND ALTERATION TREE REMOVAL LAWN SPRINKLER Sub-total Grand-total >??RMIT ISSUED REPORT CITY Of ORONO PAGE : 1 REQUESTER: CAROLE -- CURRENT RANGE - 01/01/97 - 02/28/97 -- PREVIOUS RANGE - 01/01/96 - 02/28/96 fTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW 2 3,944.50 633,805.46 2,563.92 6 13,082.25 2,162,469.00 8,503.45 24 11,234.00 1,276,937.50 6,052.47 28 9,223.25 886,981.00 5,044.81 1 50.00 0.00 a.00 1 80.00 0.00 0.00 1 124.75 6,500.00 81.09 1 367.75 27,000.00 239.04 1 30.00 0.00 0.00 0 C.00 0.00 0.00 29*15,383.25*1,917,242.96*8,697.4^*36*22,753.25*3,076,450.00*13,787.30* 25 2,087.95 155,950.88 0.00 13 1,351.53 106,201.82 0.00 0 0.00 0.00 0.00 1 106.25 8,500.00 0.00 14 517.67 23,559.00 0.00 9 395.00 20,500.00 0.00 2 70.00 2,200.00 0.00 3 105.00 1,680.00 0.00 5 175.00 2,075.00 0.00 0 0.00 0.00 0.00 2 70.00 3,000.00 0.00 1 35.00 940.09 0.00 48*2,920.62*186,784.88t 0.00*27*1,992.78*137,821.82*0.00* 37 2,746.89 179,480.36 0.00 24 1,806.16 126,084.00 0.00 1 75.00 6,000.00 0.00 0 0.00 0.00 0.00 3 632.99 0.00 0.00 1 191.00 0.00 0.00 41*3,454.88*185,480.36*0.00*25*1,997.16*126,084.00*0.00* 0 0.00 0.00 0.00 1 35.00 0.00 0.00 0 0.00 0.00 0.00 4 400.00 0.00 0.00 1 0.00 0.00 0.00 0 0.00 0.00 0.00 1*0.00*0.00*0.00*5*435.00*0.00*0.00* 1 30.00 0.00 0.00 0 0.00 0.00 0.00 1*30.00*0.00*0.00*0*0.00*0.00*0.00* 1 75.00 0.00 0.00 3 200.00 0.00 0.00 0 0.00 0.00 0.00 1 30.00 0.00 0.00 0 0.00 0.00 0.00 1 35.00 0.00 0.00 1*75.00*0.00*0.00*5*265.00* 0.00*0.00* 121**21,863.75** 2,289,508.20**8,697.48**98**27,443.19** 3,^40,355.82**13,787.30** REPORT NBR. BFEERPT2-1 DATE OF RUN 03/03/97 CTS ISSUED/FEES COLLECTED BASE FEB PLAN REVIEW SURCHARGE Lie. SEARCH FEB SAC INVESTIGATION DEPOSIT MAIL IN ESCROW PERMIT TOTAL BUILDING 15,383.25 8,697.48 959.62 0.00 0.00 0.00 0.00 0.00 25,040.35 PERMIT FEE REPORT ♦♦*** CITY OF ORONO FROM 01/01/97 TO 02/28/97 MECHANICAL 2,920.62 0.00 95.29 0.00 0.00 0.00 0.00 33.00 0.00 3,048.91 PLUMBING SEWER & WATER 3,454.88 0.00 96.39 0.00 0.00 0.00 0.00 25.49 0.00 3,576.76 0.00 0.00 0.00 0.00 11,700.00 0.00 0.00 0.00 11,700.00 YEAR-TO-DATE USER 75.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 75.00 PAGE: 1 REQUESTER; CAROLE SIGN 30.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30.00 FIRE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 REPORT NBR. '''•EERPT2-1 DATE OF RUN 03/03/97 BASE FEE PLAN REVIEW SURCHARGE Lie. SEARCH FEE SAC INVESTIGATION DEPOSIT MAIL IN ESCROW PERMIT TOTAL REPORT TOTAL 21,863.75 8,697.48 1,151.30 0.00 11,700.00 0.00 0.00 58.49 0.00 43,471.02 PERMIT FEE REPORT ***** ClTi OF ORONO FROM 01/01/97 TO 02/28/97 PAGE: 2 REQUESTER; CAROLE ZONING PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATE REPORT NBR. BPRMTISS-1 DATE OF RUN 03/03/97 « ♦ * * ♦PERMIT ISSUED REPORT CITY OF ORONO * * « * *PAGE: 1 REQUESTER: CAROLE -- CURRENT RANGE - 01/01/97 - 02/28/97 -- PREVIOUS RANGE - 01/01/96 - 02/28/96 PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW User Defined SUBDIVISION 2 2,025.00 0.00 0.00 1 550.00 0.00 0.00 VARIANCE 10 2,350.00 0.00 0.00 7 1,290.00 0.00 0.00 CUP 5 1,300.00 0.00 0.00 5 1,475.00 0.00 0.00 SKETCH PLAN 1 250.00 0.00 0.00 2 500.00 0.00 0.00 VARIANCE/CUP 0 0.00 0,00 0.00 1 75.00 0.00 0.00 VACATION 0 0.00 0.00 0.00 1 300.00 0.00 0.00 REZONING 2 0.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 20*5,925.00*0.00*0.00*17*4,190.00*0.00*0.00* Grand-total 20**5,925.00**0.00**0.00**17**4,190.00**0.00**0.00** REPORT NBR. BFEERPT2-1 DATE OF RUN 03/03/97 PERMIT FEE REPORT CITY OF ORONO FROM 01/01/97 TO 02/28/97 USER REPORT TOTAL BASE FEB 5,925.00 5,925.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 5,925.00 5,925.00 PAGE: 1 REQUESTER: CAROLE 1997 RECAP OF CONTRACT CITIES January February March Apri I May June July August Septetnber October November Decetriber YTD Totals Spring Park Plan Review 422.34 0.00 422.34 Inspections 135.00 165.00 300.00 Retainer 25.00 25.00 50.00 TOTAL 582.34 190.00 f^2.34 No. Plan Revieiis 1 0 1 No. Inspections 9 11 20 Nlrmetooka Beach Plan Review 0.00 0.00 0.00 Inspections 45.00 180.00 225.00 Retainer 25.00 25.00 50.00 TOTAL 70.00 205.00 275.00 No. Plan Reviews 0 0 0 No. Inspections 3 12 15 652.34395.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,047.34 REPORT NBR. BPRMTISS-1 DATE OF RUN 03/03/97 PERMITS ISSUED/FEES CX)IIJSCTED PERMIT ISSUED REPORT CITY OF ORONO FEBRUARY 1997 PAGE: 1 REQUESTER: CAROLE -- CURRENT RANGE - 02/01/97 - 02/28/97 -- PREVIOUS RANGE - 02/01/96 - 02/28/96 PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW Building SGL FAMILY-NEW 1 1,912.25 305,000.00 1,242.96 5 11,645.00 1,952,469.00 7,569.24 SF-ADD/RBMODEL 11 6,654.75 811,508.55 3,489.53 14 3,305.25 254,960.00 1,692.77 DEMO/PRINCIPAL 0 0.00 0.00 0.00 1 80.00 0.00 0.00 COM-ADD/REMODEL 1 124.75 6,500.00 81.09 1 367.75 27,000.00 239.04 Sub-total 13*8,691.75*1,123,008.55*4,813.58*21*15,398.00*2,234,429.00*9,501.05* Mechanical HEATING SYSTEMS 14 859.07 64,640.88 0.00 7 727.78 56,401.82 0.00 FIREPLACE 5 194.56 10,065.00 0.00 1 35.00 1,500.00 0.00 VENTILATION 1 35.00 1,850.00 0.00 2 70.00 1,400.00 0.00 GAS LINE INSPECT 5 175.00 2,075.00 0.00 0 0.00 0.00 0.00 DUCT WORK ONLY 1 35.00 2,000.00 0.00 1 35.00 940.00 0.00 Sub-total 26*1,298.63*80,630.88*0.00*11*867.78*60,241.82*0.00* Plumbing FIXTURES 19 1,612.88 110,512.64 0.00 13 1,129.17 83,933.00 0.00 SPRINKLER 1 75.00 6,000.00 0.00 0 0.00 0.00 0.00 Sub-total 20*1,687.88*116,512.64*0.00*13*1,129.17*83,933.00*0.00* Sewer & Water NEW SEPTIC SYSTE 0 0.00 0.00 0.00 3 300.00 0.00 0.00 Sub-total 0*0.00*0.00*o.oov 3*300.00*0.00*0.00* User Defined LAND ALTERATION 0 0.00 0.00 0.00 3 200.00 0.00 0.00 Sub-total 0*0.00*0.00* 0.00*3*200.00*0.00* 0.00* Grand-total 59**11,678.26**1,320,152.07** 4,813.58**51**17,894.95**2,378.603.82**9,501.05* PERMITS ISSUED/FEES COLLECTED REPORT NBR. BFEERPTl-1 DATE OF RUN 03/03/97 BUILDING BASE FEB PLAN REVIEW SURCHARGE Lie. SEARCH FEE SAC INVESTIGATION DEPOSIT MAIL IN ESCROW PERMIT TOTAL 8,691.75 4,813.58 561.50 0.00 0.00 0.00 0.00 0.00 14,066.83 REPORT NBR. BFEERPTl-1 DATE OF RUN 03/03/97 REPORT TOTAL BASE PEE 11,678.26 PLAN REVIEW 4,813.58 SURCHARGE 663.30 Lie. SEARCH FEE 0.00 SAC 0.00 INVESTIGATION 0.00 DEPOSIT 0.00 MAIL IN 33.00 ESCROW 0.00 PERMIT TOTAL 17,188.14 PERMIT FEB REPORT CITY OF ORONO FROM 02/01/97 TO 02/28/97 MECHANICAL PLUMBING SEWER & WATER 1,298.63 0.00 41.78 0.00 0.00 0.00 0.00 21.00 0.00 1,361.41 1,687.88 0.00 60.02 0.00 0.00 0.00 0.00 12.00 0.00 1,759.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 * * * * *PERMIT FEE REPORT CITY OF ORONO FROM 02/01/97 TO 02/28/97 * # ♦ ♦ ♦ FEBRUARY 1997 USER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE: 19 REQUESTER: CAROLE SIGN FIRE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE: 20 REQUESTER: CAROLE I MON, MAR 3, 1997, 3:01 PM PERMITS ISSUED FOR THE MONTH OF PERMIT WORK ADDR NBR STREET PAGE 1 V^SJ^RUARY 1997 ISSUED PERMIT NBR ID NUMBER COMPANY OWNER LAST NM VALUATION I . 13C MB 26C 01 02 02 02 03 18 19 24 29 29 29 29 29 13C 01 01 01 01 01 01 01 01 01 02 02 02 24 24 24 24 24 24 24 29 29 29 29 29 29 29 26C 01 01 01 01 01 01 01 01 02 02 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97/02/13 97/02/26 97/02/25 97/02/06 97/02/10 97/02/13 97/02/14 97/02/14 97/02/24 97/02/24 97/02/24 97/02/26 97/02/13 97/02/20 97/02/24 97/02/06 97/02/06 97/02/07 97/02/24 97/02/24 97/02/24 97/02/24 97/02/03 97/02/14 97/02/14 97/02/14 97/02/14 97/02/25 97/02/27 97/02/10 97/02/14 97/02/24 97/02/24 97/02/24 97/02/27 97/02/27 97/02/27 97/02/10 97/02/10 97/02/18 OR-008764 OR-008680 OR-008737 OR-008749 OR-008636 OR-008791 OR-008761 OR-008785 OR-008727 OR-008738 OR-008750 OR-008769 OR-008772 OR-008742 OR-008744 OR-008751 OR-008758 OR-008759 OR-008773 OR-008777 OR-0C8780 OR-008788 OR-008752 OR-008765 OR-008778 OR-008740 OR-008 /41 OR-008743 OR-008774 OR-008775 OR-008776 OR-008779 OR-008735 OR-008753 OR-008755 OR-008756 OR-008757 OR-008786 OR-008792 OR-008746 OR-008754 OR-008770 OR-008771 OR-008782 OR-008793 OR-008794 OR-008795 OR-008745 OR-008747 OR-008760 17313153 19722716 15330352 19240043 00000000 00000000 00000000 17224200 18677069 14445353 00000000 15461300 15448761 35453797 39414211 34282826 34405620 39414211 38711491 34283677 39296767 35712525 35453797 34432819 39296767 37846100 37241899 00000000 35935300 34761990 34458585 39296767 34748366 34282826 3^789558 34789558 34282826 36332561 34282826 29337200 24485962 24432921 24432921 24701208 29346672 24724959 25872779 29337200 24724959 24731657 CHARLES CUDD CO HIRSCH AL CONST SAWHORSE CHOICE V.'OOD COMPANY DONNELLY STUCCO ROLYN PROPERTIES INC YERIGAN CONSTRUCTION CO GIERTSEN COMPANY LINDSTROM CONSTRUCTION FIREPLACE CENTER KLEVE HTG 6 AC PRACTICAL SYSTEMS VIERECK FIREPLACE SALES KLEVE HTG U AC A-ABC APPLIANCE 6t HEATING HEATING fit COOLING TWO VOGT FRED fit CO AU^rOMATIC GARAGE DOOR CO FIREPLACE CENTER NARKIE HTG fit AC INC VOGT FRED fit CO SUBURBAN AIR CONDITIONING RESIDENTIAL HTG fit AIR INC ROUSE MECHANICAL INC HOME ENERGY CENTER RON'S MECH INC VOGT FRED fit CO ADEL/B fit C INC PRACTICAL SYSTEMS DirrER INC DITTER INC PRACTICAL SYSTEMS FIRESIDE CORNER PRACTICAL SYSTEMS CULLIGAN BORMAN PLUMBING SOUTHWEST METRO PLBG SOUTHWEST METRO PLBG STEINKRAUS PLBG INC STUMPEL ENT INC WESTONKA MECH CONTRACTORS TEK MECHANICAL SERVICES CULLIGAN WESTONKA MECH CONTRACTORS FADDEN CLIFF fit SONS JAHN CARDDENUTO JOHNSON LINDAHL COLSON SMITH WEAR CLAPP BECKER MACMILLIAN EIDE PLAISTED PARTRIDGE-STALBL FORDYSE COOKE DUNNAVAN DONALDSON NELSON HURD KANTOR HAGLUND MCMILLAN JACKSON HEITZ LABATT EHRAMJIAM SUNDBY RYEUSE CARLSON NORSTEAD PEARCE • WILSON SWENSON KANTOR ALTON SETTERLAND OLSON HURD STOKES LINDAHL SHAW HAGLUND MCMILLAN 305, 81, 104, 450, 21, 10, 6, 4, 24, 66, 2, 18, 29, 000.00 500.00 300.00 000.00 000.00 000.00 500.00 240.00 200.00 000.00 500.00 500.00 268.55 2,000.00 6.900.00 525.00 4.365.00 5.900.00 8,285.88 6.500.00 7.500.00 1.600.00 1,000.00 1.850.00 5.600.00 2.880.00 2.445.00 1.500.00 4.380.00 6.780.00 2.100.00 2.270.00 250.00 525.00 2,000.00 1.600.00 250.00 1,100.00 525.00 197.32 6,800.00 11.475.00 11.170.00 9.100.00 938.00 5.500.00 20,000.00 197.32 3.995.00 800.00 MON, MAR 3, 1997, 3:01 PM PERMITS ISSUED FOR THE MONTH OP PAGE 2 FEBRUARY 1997 PERMIT WORK . ODR NBR STREET ISSUED PERMIT NBR ID NUMBER PL 02 1550 6TH AVE N 97/02/24 OR-008781 28947600 02 z920 CASCO POINT RD 97/02/25 OR-008784 24725306 24 3241 CASCO CIR 97/02/06 OR-008739 20274033 24 435 OLD CRYSTAL BAY RD S 97/02/11 OR-008748 24490147 24 3587 NORTH SHORE DR 97/02/10 OR-008762 24571337 24 1365 REST PT RD 97/02/25 OR-008783 29337200 29 2601 WEST LAFAYETTE RD 97/02/19 OR-008763 27044792 29 1365 REST PT RD 97/02/25 OR-008787 24791942 20C 59C 29 20C 555 FERNDALE RD N 97/02/26 OR-008790 29723401 OWNER LAST NM VALUATION LAKESIDE PLBG & HTG INC SUPERIOR PLUMBING NORBLOM PLUMBING CO CUSTOM PLUMBING, INC. JIM MURR PLUMBING CULLIGAN HOKANSON PLUMBING INC DOLDER PLBG & HTG GENERAL PLUMBING & HEATING ORDWAY PICHELMAN KENNEPICK KREUTER SUNDBY BBRSCHEID OLSON BERSCHIED DONALDSON 9.905.00 6,000.00 400.00 650.00 300.00 1,000.00 18,885.00 2.200.00 7,000.00 1,320,152.07* 1 01 Residence 24 .02 Addition 25 03 Garage/Attached 26 04 Garage/Detached 27 05 Porch 28 06 Deck 29 07 Fence 30 08 Gazebo 31 09 Pool 32 : j • 10 Re-side 33 )11 Re-roof 34 12 Tennis Court 13 Sign ■; i 14 Dock 15 Shed 16 Demo-Principal Structure 17 Demo-Accessory Structure 18 Move 19 Commercial 20 Institutional 21 Ston.. Damage Repair 22 1-100 Cubic Yards 23 101 Cubic Yards or More 99 Undefined LCX:AL USB CODES j 9999 Undefined Replacing Eristing Lifting Principal Residence Well Abandonment Foundation Only Temporary Trailer Renovate/Remodel Accessory Structure Stairway to Lake Retaining Wall Entrance Monuments Tree Removal THU, MAR 6, 1997, 10:13 AM PAGE 1 NUMERICAL LISTING PERMIT NBR ISSUED FEBRUARY 1997 CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATION OR-OOB636 OR-008688 OR-008727 OR-008735 OR-008737 OR-008738 OR-008739 OR-008740 OR-008741 OR-008742 OR-008743 OR-OC8744 OR-008745 OR-008746 OR-008747 OR-008748 OR-008749 OR-008750 OR-008751 OR-008752 OR-008753 OR-008754 OR 008755 OR-008756 OR-008757 OR-008758 OR-008759 OR-008760 OR-008761 OR-008762 OR-008763 OR-008764 OR-008765 OR-008769 OR-008770 OR-008771 OR-008772 OR-008773 OR-008774 OR-008775 OR-008776 OR-008777 OR-008778 OR-008779 OR-008780 OR-008781 OR-008782 OR-008783 OR-008784 OR-008785 OR-008786 OR-008787 OR-008788 OR-008790 97/02/10 N 97/02/07 N 97/02/19 N 97/02/03 N 97/02/06 N 97/02/06 N 97/02/06 N 97/02/06 N 97/02/06 N 97/02/06 N 97/02/07 N 97/02/10 N 97/02/10 N 97/02/10 N 97/02/10 N 97/02/11 N 97/02/12 N 97/02/13 N 97/02/13 N 97/02/13 N 97/02/14 N 97/02/14 N 97/02/14 N 97/02/14 N 97/02/14 N 97/02/14 N 97/02/14 N 97/02/18 N 9'»/02/18 N 97/02/18 N 97/02/19 N 97/02/19 N 97/02/20 N 97/02/,.6 N 97/02/24 N 97/02/'24 N 97/02/25 N 97/02/24 N P7/02/24 N 97/02/24 N 97/02/24 N 97/02/24 N 97/02/24 N 97/02/24 N 97/02/24 N 97/02/24 N 97/02/24 N 97/02/25 N 97/02/25 N 97/02/25 N 97/02/25 N 97/02/25 N 97/02/26 N 97/02/26 N 180 NORTH SHORE DR W 03 2375 DEVIN LA 02 2725 WHITE OAK CIR 29 2811 CASCO POINT RD 29 1355 SHORELINE IR 02 2550 FOX ST 29 3241 CASCO CIR 24 1145 WYNDMERE RD 24 2344 OLIVE AVE 24 3050 SUSSEX RD 01 3202 NORTH SHORE DP 24 509 FERNDALE RD i 01 1750 SHADYWOOD RD 02 4415 NORTH SHORE DR 01 4590 NORTH ARM DR W 02 435 OLD CRYSTAL BAY RD S 24 2485 NORTH SHORE DR 02 4148 HIGHWOOD RD 29 1099 TAMARACK DR 01 2165 WATERTOWN RD 02 1485 6TH AVE N 27 4757 TONKAVIEW LA Cl 325 BROWN RD S 29 3020 NORTH SHORE DR 29 2165 Watertown rd 29 880 OLD CRYSTAL DAY RD S 01 555 FERNDALE RD N 01 2550 FOX ST 02 2160 WAYZATA BLVD 19 3587 NORTH SHORE DR 24 2601 WEST LAFAYETTE RD 29 2805 SOMERSET LA 01 4590 NORTH ARM DR W 02 315 CRESTVIEW AVE 29 2695 COUNTRYSIDE DR W 01 2755 COUNTRYSIDE DR W 01 2530 OLD BEACH RD 29 500 OXFORD RD 01 1050 EDGEWOOD HILLS RD 24 3587 NORTH SHORE DR 24 2645 WATERTOWN RD 2h 2755 COUNTRYSIDE DR W 01 2550 FOX ST 02 122 CHEVY CHASE DR 24 2795 CASCO POINT RD 01 1550 6TH AVE N 02 2795 CASCO POINT RD 01 1365 REST PT RD 24 2920 CASCO POINT RD 02 290 CRESTVIEW AVE 24 4590 NORTH ARM DR W 29 1365 REST PT RD 29 3065 WATERTOWN RD 01 555 FERNDALE RD N 29 00000000 19722716 18677069 34748366 15330352 14445353 28274033 37846100 37241899 35453797 00000000 39414211 29337200 29337200 24724959 24490147 19240043 OOOOOCOO 34282826 35453797 34282826 24485962 34789558 34789558 34282826 34405620 39414211 24731657 “00000 ^571337 27844792 17313153 34432819 15461300 24432921 •>4432921 X5448761 38711491 35935300 34761990 34458585 34283677 39296767 39296767 39296767 28947600 24701208 29337200 24725206 17224200 36332561 24791942 35712525 29723401 HIRSCH AL CONST ROLYN PROPERTIES INC ABEL/B & C INC SAWHORSE YERIGAN CONSTRUCTION CO NORBLOM PLUMBING CO SUBURBAN AIR CONDITIONING RESIDENTIAL HTG & AIR INC FIREPLACE CENTER KLEVE HTG U AC CULLIGAN CULLIGAN WESTONKA MECH CONTRACTORS CUSTOM PLUMBING. INC. CHOICE WOOD COMPANY PRACTICAL SYSTEMS FIREPLACE CENTER PRACTICAL SYSTEMS BORMAN PLUMBING DITTER INC DITTER INC PRACTICAL SYSTEMS VIERECK FIREPLACE SALES KLEVE HTG U AC FADDEN CLIFF & SONS JIM MURR PLUMBING HOKANSON PLUMBING INC CHARLES CUDD CO NARKIE HTG & AC INC GIERTSEN COMPANY SOUTHWEST METRO PLBG SOUTHWEST METRO PLBG LINDSTROM CONSTRUCTION A-ABC APPLIANCE & HEATING ROUSE MECHANICAL INC HOME ENERGY CENTER RON'S MECH INC HEATING & COOLING TWO VOGT FRED U CO VOGT FRED & CO VOGT FRED & CO LAKESIDE PLBG & HTG INC STEINKRAUS PLBG INC CULLIGAN SUPERIOR PLUMBING DONNELLY STUCCO FIRESIDE CORNER DOLDER PLBG & HTG AUTOMATIC GARAGE DOOR CO GENERAL ,'LUMBING U HEATING COLSON CARDDENUTO BECKER NORSTEAD JOHNSON MACMILLIAN KENNEFICK JACKSON HEITZ FORDYSE LABATT COOKE SHAW SETFERLAND HAGLUND KREUTER LINDAHL EIDE DUNNAVAN KANTOR PEARCE OLSON WILSON SWENSON KANTOR DONALDSON MCMILLAN WEAR SUNDBY OLSON JAHN HAGLUND PLAISTED PARTRIDGE-STAUBL NELSON EHRAMJIAM SUNDBY RYEUSE MCMILLAN CARLSON HURD ORDWAY HURD BERSCHEID PICHELMAN CLAPP BERSCHIED DONALDSON 21,000.00 81.500.00 24.200.00 250.00 104,300.00 66,000.00 400.00 2,880.00 2.445.00 2,000.00 1.500.00 6.900.00 197.32 197.32 3.995.00 650.00 450.000. 00 2.500.00 525.00 1,000.00 525.00 6.800.00 2,000.00 1,600.00 250.00 4.365.00 5.900.00 800.00 6.500.00 300.00 18.885.00 305.000. 00 1.850.00 18.500.00 11.475.00 11.170.00 29,268.55 8,285.88 4.380.00 6.780.00 2.100.00 6.500.00 5.600.00 2.270.00 7.500.00 9.905.00 9.100.00 1,000.00 6,000.00 4.240.00 1.100.00 2,200.00 1,600.00 7,000.00 f nm, MAR 6, 1997, 10:13 A* NUMERICAL LISTING FEBRUARY 1997 PAGE 2 PERMIT NBR ISSUED CANCEL ADDR NBR STREET WORK ID NUMBER COMPANY OWNER LAST NM VALUATION OR-008791 97/02/27 N 2580 FOX ST 18 00000000 SMITH 10,000.00 OR-008792 97/02/27 N 1635 CONCORDIA ST 2:>3428282G PRACTICAL SYSTEMS ALTON 525.00 OR-008793 97/02/27 N 2920 SOMERSET LA 01 29346672 STUMPEL ENT INC 938.00 OR-00879-4 97/02/27 N 1690 CONCORDIA ST 01 24724959 WESTONKA MECH CONTRACTORS STOKES 5,500.00 OR-008795 97/02/27 N 2485 NORTH SHORE DR 01 25872779 TEK MECHANICAL SERVICES LINDAHL 20,000.00 59C ZONING PE3MITS ISSUED/FEES COLLECTED REPORT NBR. BPRMTISS-1 DATE OF RUN 03/03/97 ***** PERMIT ISSUED REPORT CITY OF ORONO * « * ♦ *PAGE: 1 REQUESTER: CAROLE -- CURRENT RANGE - 02/01/97 - 02/28/97 -- PREVIOUS RANGE - 02/01/96 - 02/28/96 PERMIT TYPE QTY BASE FEE VALUATION PLAN REVIEW QTY BASE FEE VALUATION PLAN REVIEW User Defined SUBDIVISION 2 2,025.00 0.00 0.00 1 550.00 0.00 0.00 VARIANCE 7 1,690.00 0.00 0.00 2 220.00 0.00 0.00 CUP 3 500.00 0.00 0.00 3 750.00 0.00 0.00 SKETCH PLAN 0 0.00 0.00 0.00 1 250.00 0.00 0.00 VARIANCE/CUP 0 0.00 0.00 0.00 1 75.00 0.00 0.00 VACATION 0 0.00 0.00 0.00 1 300.00 0.00 0.00 REZONING 1 0.00 0.00 0.00 0 0.00 0.00 0.00 Sub-total 13*4,215.00*0.00*0.00*9*2,145.00*0.00*0.00* Grand-total 13**4,215.00**0.00**0.00**9**2,145.00**0.00** 0.00** REPORT NBR. BFEERPT2-1 DATE OF RUN 03/03/97 ♦♦♦♦♦ PERMIT FEE REPORT CITY OF ORONO FROM 02/01/97 TO 02/28/97 USER REPORT TOTAL BASE FEE 4,215.00 4,215.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 0.00 0.00 DEPOSIT 0.00 0.00 ESCROW 0.00 0.00 PERMIT TOTAL 4,215.00 4,215.00 PAGE: 1 REQUESTER: CAROLE i r V 1 t GITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323 0066 March 19, 1997 Representative Tom Workman 291 State Office Building St. Paul, Minnesota 55155 % Dear Representative Workman: 1 am writing on behalf of the Orono Mayor and City Council to underscore the importance of passing a bill out of your House Regulated Industries and Energy Committee concerning the authority of cities to manage the public rights-of-way. It is in the telecommunications industry's interest that no legislation be approved this year. If that occurs the rights of cities to manage the right-of-way will remain unclear and individual cities could be left to fight numerous expensive legal battles with the telecommunication industry' until the next legislative session. Because the deadline for passage of a bill out of your committee is March 26th, it is imperative that the committee pass the bill this Thursday. House File #322 as currently drafted contains substantial clarifying language outlining the necessary' controls cities need to manage the right-of-way. It is important that this language remain. Also, as currently drafted the bill would allow cities to recover their cost for right-of-way management and obligate utilities to compensate cities for damage done to the life of the pavement or assume ongoing responsibilities for the pavement cuts they make. These provisions are also important parts of the bill that must be maintained. The bill does nol include the ability of cities to charge for the right to use the right-of-way. This is an important right which cities currently have for utilities such as gas and electric and should be added to this bill. The bill would require the State (currently the Department of Public Service) to establish unifomi state-wide construction standards. Although general parameters for standards on a state-wide basis may be acceptable, cities need flexibility to reflect unique individual circumstances. If the bill must contain state-wide construction standards it must allow that type of flexibility. Thank you for your assistance on this critical legislation. Sincerely, • fax 47M510 1. 2. 3. 4. 5. COUNCIL INFORMATION ITEMS BLUE PAPER 4 Memo dated 3/19/97 RE: Recognition of Bruce and Ruth Dayton for their Donation of Unique Open Space Property to the DNR Memo dated 3/19/97 RE: Westonka Chamber of Commerce Survey Memo dated 3/14/97 RL: County Road 19 and Townline Road Mn/DOT letter dated 3/i4/97 RE Selection of TH 12 Design Review Committee Letter received 3/18/97 from Kevin and Deborah Thompson ..J March 24,1997 Agenda Packet THE *•« • PRECEDING DOCUMENT(S) VE BEEN R E FIL M E D FOR LEGIBILITY r COUNCIL INFORMATION ITEMS BLUE PAPER 1. 2. 3. 4. 5. Memo dated 3/19/97 RE: Recognition of Bruce and Ruth Da3^on for their Donation of Unique Open Space Property to the DNR Memo dated 3/19/97 RE: Westonka Chamber of Commerce Survey Memo dated 3/14/97 RE: County Road 19 and Townline Road Mn/DOT letter dated 3/14/97 RE Selection of TH 12 Design Review Committee Letter received 3/18/97 from Kevin and Deborah Thompson i ■h March 24,1997 Agenda Packet TO; FROM: Mayor and City Council Ron Moorse, City Administrator DATE:March 19,1997 SUBJECT: Recognition of Bruce and Ruth Dayton for Their Donation of Unique Open Space Property to the DNR In the fall of 1996, Bruce and Ruth Dayton donated a substantial amount of property with a value of several million dollars to the DNR to be preserved as a scientific and natural area. The Council has indicated its intention to recognize this donation and to express the city ’s appreciation in a formal or official manner. It was suggested that one method of recognizing the Daytons for their donation could be the Robert Searles Meritorious Service Award. This is an award for outstanding contribution by a resident of the Village of Orono to the basic goals of the community in maintaining and preserving the quality of life for the citizens of Orono. The award has been given to the following persons: Robert Searles Walter Massengale Norm Paurus Brad VanNest Mary Butler It appears the award is generally given for service to the community over an extended period. Although the donation of the land was a one-time action rather than service over an extended period, the Daytons' acquisition of the property with the goal of preserving and protecting it did involve ongoing efforts over an extended period of time. Tlie establishment of the scientific and natural area does contribute to maintaining and preserving the quality of life for the citizens of Orono. TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator March 19,1997 SUBJECT: Westonka Chamber of Commerce Survey I have attached a copy of a survey the Director of the Westonka Area Chamber of Commerce is requesting the Councilmeriil jrs to complete. It is important for Councilmembers to be careful both in the decision about whether to complete the questionnaire and regarding answers to the questionnaire. Although the questions are stated as simple yes or no questions, there are in fact very comple.x and conflicting issues related to each of the questions. For example, although it may appear that the answer to question #1 regarding the price of government should be yes, it is important to remember that the price of government Uirgets are set by the State with no input from cities and no flexibility for cities that may be experiencing unique issues such as dramatic growth. It was only several months ago that the Commissioner of Revenue blasted cities for exceeding the price of government target. It may also appear that the answer to question #2 regarding business and rental housing property tax relief should be yes. However, it is important to understand that any property tax relief provided to business property and/or rental housing property shifts the tax burden to single-family residential property unless the reduction ir > .''«”'*ss and rental housing property taxes is offset by an increase in some other source of rever . -.» 'ment. It also appears that the answer to questions #3 regarding reforming the property tax system should be yes. This question probably has the least hidden political pitfalls. However, the ideas of the business community in terms of how the property tax system should be reformed are significantly different from those of municipalities. Although each of the questions mcludes opportunity for comments to clarify the yes or no response, it is most probable that the responses reported will only be the yes or no responses. Also, if this type of questionnai.'e is being provided to city councils by all chambers of commerce in the metro area and only the yes or no responses are reported, the information could end up being used against cities by the business lobby in the legislature. ••i ^ • —4 £ Westonka Area Chamber of Commerce 4165 Shoreline Dr., Suite 40 At The Yacht Club, Spring Park, MN 55384 • (612) 471*0768 March 17, 1997 TO: FROM: Navarre City Council Member Teresa Fogarty, Director, Westonka Area Chamber of Commerce SUBJECT; THE ATTACHED QUESTIONNAIRE Please take a moment to complete the attached questionnaire. Doing so will help me keep local chamber members up-to-date on your views on three very important issues; the price of government, business property taxes and property tax reform. I will publish your responses in our next newsletter. The deadline is April 15, 1997. Thank you in advance for helping me keep chamber members informed of your views on these issues. PRICE OF GOVERNMENT AND PROPERTY TAX QUESTIONNAIRE Please answer the following questions. Feel free to elaborate on your responses in the space that’s provided. All results and comments will be published in our next newsletter. 1.Do you support setting the price of government as a percentage of personal income for the state and local governments and doing so before any money is spent? YES NO Background: A 1994 law requires th? iigislature to set revenue targets by March 15th of every odd-numbered year. The targets or “price of government” are expressed as a percent of personal income. They apply to all state and local taxes, fees and charges. The Legislature’s 1995 “price of government” resolution calls for reducing the price from 18.2% to 17.7% of personal income by the end of FY 1999. By setting the price for the next four fiscal years, the Legislature gives taxpayers, local governments and state administrators an indication of the level of revenue growth that they can expect over the next four years. The price of government targets are goals. There are no penalties for either the state or local governments if their revenue growth exceeds the amount anticipated by the goals. 2.Do you agree that business property and rental housing need property tax relief? YES NO Ba-i.A5;ro!5nd: Effective tax rates on both business property and rental housing are among the highest in the United States. This is the case whether the business or apartment is located in the central city, a Twin Cities suburb or greater Minnesota. For business property, the average effective tax rate is almost 6%. This means Minnesota’s property tax is almost the equivalent of having an annual sales tax on every Minnesota business. For apartments, the tax is so high that it frequently means that potential tenants carmot afford the rent necessaiy to make the project cash flow. That means that apartment's won’t be built. I I 3. Do you agree that reforming our complex property tax system is necessary? YES NO Please elaborate. If you agree that the tax needs reform, how would you proceed? If you think that its structure is fine as is, explain why. Background: The property tax is now Minnesota ’s largest tax, producing more revenue each year than the personal income tax and the general sales tax. The property tax burden (measured as the effective tax rate) has at least doubled since 1981, making this tax one of the fastest growing expenses in a family or business budget. The circuit breaker, renters credit and targeting programs have provided some relief for homeowners and renters; however, most homeowners and renters remain concerned about escalating property tax burdens. TO:Mayor and City Council FROM: Ron Moorse, City Administrator DATE:March 14,1997 SUBJECT: County Road 19 and Townline Road There have been preliminary discussions by both Hennepin County and Mn/DOT regarding the relocation of County Road 19 in Independence and Maple Plain to McCulley Road and Townline Road in Orono, to line up with County Road 29 in Maple Plain/Medina. The attached map shows the current route of County 19 in red, and the proposed new route for County 19 in yellow. The reasoning behind the plan is to relocate County Road 19 out of downtown Maple Plain thereby substantially reducing traffic conflicts with Highway 12 in the downtown area. The discussions regarding the relocation have also included a potential signalized intersection at the current Townline Road/County Road 29 and Highway 12 intersection. The proposal to relocate County Road 19 could have a substantial impact on Townline Road and the residential properties adjacent to Townline Road. Townline Road is currently a substandard road that is more gravel than asphalt pavement. The road currently serves low traffic volumes. If Townline Road were to become County Road 19 the amount of traffic on the roadway would increase ver>' substantially. Before the plans for County Road 19 move along any further, the city needs to voice any concerns it has regarding the plan. The property owners along Townline Road should also be advised of the plan. So i.^--::.^i2 Petor Chippewa n- riak§ I>. V. ■^. Maple SI. La ko CMppt»»j *1 \bpUj^ Lake** • • ("L’^Half Moon ‘.' —Jlnke ’'*' Morris T.^ Baker "i/.. •*. •• ... .. J _ Perkinsville Park 1 Rd.r"• • • -■r-U jfl IS ’ O .. • r..|cD . L Par Irina 201 lasson Lake , •-uce Line > ’. . ■ 'V '■.*•. i •v rm Drive \V .3J U. jCra fd Drosi Mlnnasota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 612-582-1293 March 14, 1997 received MAR 1 8 1997 CITY OF ORONO Cities; Long Lake, Orono, and Wayzata Agencies: Mn/DOT, BNSF Railroad, Hennepin County, DNR, MCWD, Hennepin Parks RE; Selection of TH 12 Design Review Committee Dear Proposed Committee Members: As you know, the Transportation Planning Section of the Minnesota Department of Transportation (Mn/DOT) is developing and working on the Environmental Assessment (EA) and layout for approximately 5 miles of highway improvement on Trunk Highway 12 (TH 12) through Long Lake and Orono. The city councils of Long Lake and Orono have approved, by resolution, the corridor selection of an alternative along the north side of the Burlington Northern Sante Fe (BNSF) Railroad tracks. Mn/DOT will now proceed with the highway development process and evaluate this alternative, and the Nobuild, in the EA. We wish to include the agencies and cities in the development of the proposed layout and t.ie mitigation of impacts being identified in the EA study. We will strive to complete the draft EA and furnish the layout to the cities by Nov./Dec. of 1997. As part of the project development process, involvement by the cities, the agencies and the public is essential for creating a project that all affected parties will consent to. Mn/DOT is proposing to begin a “Design Review Committee” that will meet monthly for the life of the highway development process of this project. Membership on this committee will require a long term commitment to the project for quite possibly 3-4 years. This technical committee will be given the responsibility of leviewing all the important design elements of the project and design process and act as liaison to the community. As the layout is developed and the preliminary design phase transitions into final design, the committee would be included in the aesthetic treatment selection such matters like lighting, landscaping, and noise and retaining wall design. It is emphasized, we will not be revisiting past decisions and considering other corridors alignments, but rather focusing and moving forward on the corridor alternative approved along the BNSF railroad tracks. The meetings will be mostly likely held in Orono at the Orono City Hall and be on either a Wednesday or Thursday night. Meeting time and location will be discussed at the first meeting. An equal opportunity employer Design Review Committee page 2 At this time, Mn/DOT would like to request the participation of the following agencies and cities to select committee members to serve on the “Design Review Committee”: Cities of Long Lake and Orono - select three to four members with at least one member being a citizen representative appointed by the city. City of Wayzata - one or two members Hennepin County - one staff person Burlington Northern Sante Fe Railroad > one staff person Department of Natural Resources - one or two staff persons (from time to time specialty departments will attend for project specific issues). Minnehaha Watershed District - one staff person Hennepin County Parks - one staff person Minnesota Department of Transportation - staff from Preliminary & Final Design, Bridge, Environmental Services, and Site Development (from time to time specialty departments wi’l attend for project specific issues). We would like to keep the group to a manageable and workable size and determine the attendance for this group by March 31, 1997. Please respond back to me by phone, letter, or fax, with your appointments; names, mailing addresses, and phone and fax numbers. If there are persons who would not want to be “official ” members of the committee, but rather be notified of meeting agendas and mailed meeting minutes, please identify them and arrangment can be made to do so. Should you have any questions or concerns, please call me at 582-1293. The first meeting is scheduled for April 2, 1997 at 7:00 PM at the Orono City Hall located at 2750 Kelley Parkway in Orono. The first meeting will be a kick-off meeting to address the purpose, schedule, and ground rules of participating on the committee. • Sincerely, Patti Loken, P.E. TH 12 Project Manager 4 ^ Design Review Committee page 3 cc:David Sa>vyer, Mayor, Long Lake Joe Lynch, City Administrator, Long Lake Gabriel Jabbour, Mayor, Orono Ron Moorse, City Administrator, Orono Robert Gisvold, M^ror, Wayzata Allan Orsen, City Manager, Wityzata Spencer Arndt, Manager Public Projects, Burlington Northern Sante Fe Railroad Jim Grube, Hennepin County Engineer, Hemiepin County Thomas Balcom, Planning/Environmental Review, Department of Natural Resources (DNR) Ceil Strauss, Atm Hydrologist, DNR Martha Reger, Area Trails & Waterwtys, DNR Timothy Marr, District Engineer, Hennepin Parks Eugene Strommen, District Director, Miimehaha Creek Watershed District Tom O’Keefe, Transportation Planning, Mn/DOT Metro Division Rity Cekalla, Preliminary Bridge Design, Mn/DOT Tim Johnson, Final Design, Mn/DOT Metro Division Jim Reierson, Site Development, Mn/DOT Karl Weissenbom, Enviroiunental Services, Mn/DOT David Larson, Environmental Services Elmer Pladers, Transportation Planning, Mn/DOT Metro Division Rose Richter, Transportation Plaiming, Mn/DOT Metro Division Senator Gen Olson Ii Kevin & Deborah Thompson 90 Myrtlewood Road P.O. Box 794 Orono, MN 65391 (612) 476-9087 RECEIVED MAR 1 8 1997 CITY OF ORONO March 13, 1997 To the Mayor and City Council of Orono: We have seen the map from the City of Wayzata showing their proposed route for the highway 12 expansion. The map does not show our house in it's present state or detached garage. We moved here for the rural feeling and natural beauty of this area. The location of the present roadway is fine but we do not want to see it coming any closer. Obviously, living close to highway 12 there is always the potential for our property to be affected by the expansion, however, we have not seen any proposal since we moved here four years ago showing the road closer to our homo and neighborhood. Our position is the previous plan (alternative plan 6), with some minor adjustments, was better for our community as it had the least impact on private residence of any proposal we had seen. In our opinion. The City of Wayzata knew there were potential plans for highway 12 expansion near their new public works building before they built there. We have no objection to Wayzata’s proposal for a cul-de-sac at the end of our street, providing It is not on our property. We do not want to see our trees on or near our property disturbed and we do not wish to have any sections of our land chopped up just so Wayzata can have more space near their public works building. Sincerely,