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Home My WebLink About03-14-1994 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 14, 1994, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Packet which may be obtained upon request from the Recorder. ROLL CALL 7:30 P.M. PUBLIC HEARING - 1994 Community Deve Program Allocation of Funding ♦ 1. CONSENT AGENDA •M ant % APPROVAL OF MINUTES ♦ 2. Regular Meeting of February 28, 1994 PARK COMMISSION CO PLANNING COMMISSION COMMENTS - Candace Rowlette Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) POLICE CHIEF REPORT 3. School Liaison Program ZONING ADMINISTRATOR'S REPORT ** APPLICANTS ** 4 5 6 7 8 9 10 Immediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials #1897 R. Hunt Greene & Jane E. Picard, 865 Partenwood Road - Variance - Resolution #1902 Dan R. Guenther, 120 Golden View Drive - Conditional Use Permit - Resolution #1903 Tandem Properties, 2645/3025 Watertown Road - Preliminary Subdivision - Resolution #1905 John Powers/Ken Hopkins, 75/85 Ferndale Green - Subdivision of a Lot Line Rearrangement - Resolution #1457 Alan Carlson, 3140 Watertown Road - Rec^est for Third Extension of Effective Period of Preliminary Subdivision Approval 1994 Joint Use Dock Licenses - Resolutions Septic Moratorium - Status Report - Ordinance to Extend Moratorium MAYOR/COUNCIL REPORT ENGINEER REPORT 11. Municipal State Aid (MSA) Report CITY ADMINISTRATOR'S REPORT 12. Crystal Bay Park Update 13. Brown Road Address Changes - Resolution 14. Citizen Survey - Parks 15. CDBG Funding for 1994 - Resolution 16. Golf Course Liquor Liability - Insurance Award AGENDA FOR COUNCIL ICBSTINO SET FOR MONDAT, MARCH 14, 1994, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT continued 17. Lease Agreement with School District for Ball Fields 18. Review of Liquor Violation Administrative Process CITY ATTORNEY'S REPORT (•19) LICENSES (*20) BILLS UPCOMING ISSUES AND EVENTS 03/11 - Council/Planning Commission Joint Work Session 0:00 a.m. 03/14 - Council meeting 7:30 p.m. 03/15 - Highway 12 Joint Mediation meeting 3:00 p.m. 03/16 - Park Commission/School District Public Hearing - OBA Ball Fxeld 7:00 p.m. 03/21 - Planning Commission 7:00 p.m. 03/28 - Council meeting 7:30 p.m. 03/29 - Highway 12 Joint Mediation meeting 3:00 p.m. 04/04 - Park Commission meeting 7:15 p.m. 04/11 - Council meeting 7:30 p.m. 04/18 - Planning Commission meeting 7:00 p.m. 04/25 - Council meeting 7:30 p.m. 04/28 - Board of Review meeting 7:00 p.m. plajiino commission COUNCIL PUBLIC ATTENDANCE, MEETING DATE * /^ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. name (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 1./) "i 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. / 74/ /.t M. C 0/'*p C r A Lve <: y^Aj Affidavit of Publication 0 Stale of Minnesota, County of Hennepin, Bfll Holm, beir^ duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: cmror ORONO MOTCC Of PUBIC HEARING 19S4 URBAN HENNEPW COUNTY COMMUNITY DEVELOPMENT BLOCK 3 RANT PROGRAM Noiic* It h»r»by giv»n mat tht city ol Oronp in oooparation with Hannepm County, ourtuant to Tula I of tha Hout»ng and Community Davaiopmam Act of 19/4, as amendod. »t holding a public haarmg on Monday. March 14. 1994. at 7:30 p m in the City Council Chambars. 2780 Ktfley Parkway Tha pubic haanng it on tha hous»no and community naads of tha dty and Urban Hannapin County, tha Urban Hannapm County Community Davalopmant Block Grant Program Statamant of Obiaciivas. and tha ofoposad usa of tha 1994 tkban Hanrwpm County Commur^ty Davalopmant Block Grant Program planning allocation of $23 000 by me city. In addition, during tha July i. 1994 to June 30.1995 program yaar is estimated mat no additional program income from locaity *jndtd CO0G activiaas will be available to me city Tha Statamant of 0)jaaive8 consists of tha following savan program areas (i) /LDMWISTRATION. to maximize program oar^afit and affectively administer program *jnds; (2) HOUSING, to rahabUitaia and assist n tha development of housing which is affordable to low* and moderate-income households; (3) NEIGHBORHOOD REVITALIZATION. 10 maintain and preserve viable neighborhoods through concentrated. communiN davalopmant ackviiias: (4) PUBLIC facilities, to improve existing and assist »n the davalopmant of new public Taciiitias which :>enaflt low- and modern*ircome parsons. (5) ECONOMIC DEVELOPMENT to provide mincial assistarca k> businesses which w<ii orovida or ratam amploymant to tha benefit of ow- and modarata income parsons: (6) PUBLIC SERVICES, to expand and improve the quantity and quality of public serv ces available to low* and moderate mcome persons; and C7) REMOVAL OP ARCHITECTURA! BARRIERS, to remove material ar>d architectural barnars wh»cn restrict tha mobility and accessibility ot eideriy or disable parsons • The City of Orono S prooosing to undartMa the following activities with i994 Urban Hannepin County CD6G turds starting on or about July 1. i994 Aciucacmterfath Outreach Community Partners WestonKa Intervention We Can Park Ptannir^ Stubos Bay Swuer Connaction Grant B^idpai $1,500 $1,000 $1 000 $2,700 $16800 Subsequent increases or decreases in the community planning allocation or me budget of any funded activity by me greater of $10,000 or 50 peroen! of the arocated amount IS a substantial change and pursuant to U^an Hennepin County policy wii be sub;ect to me amendment process For additional information on the proposed actiyites. level of funding, program obiecDves and performance, contract the oty of Orono at 473 7357 or the Hennepm County Office of Piann ng and Development at 541* 7086 The public hearing is betng he'd pursuant K) MS 471 59 By Order of City Council !%i Dorothy M Halim City Clerk (Published m The Laker and Pioneer Fco 28. 1994) A. ) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02. 331A.07, and other applicable laws, as amended. B. ) The printedCrifr^ A Ci^tLct_V. C^va.wV _____________ which is attached was cut from the columns ol said newspaper, and was printed and published once each week lor \ successive weeks: It was first Dublished Monday. the day ot,!*-^fe:^_____________________ .19^. and was thereafter printed and pOWished every Monday, to and including Monday. Subscribed and sworn to me on this day of^^4^Tvx.Xi.r'ti .19 \IX By: O -------------------hlQtaiv,PutJic MARSHA DAVEY ttOTMM n/BUe UlflMBSOTA HENNEPiN COUNTY _ iteMnfomwttorm* (1) Lowest cumnmtiaw i iwiU Of tmmmMwmm > lor comparable space: $10.96 per inch. (2) Maximum rate allowed by law lor above matter: $10.96, (3) Rate actually charged lor above matter: $6.16 per inch. Each additional successive week: $4.24. TO: FROM: DATS: Mayor and City Council Ron Moorse, City Administrator March 11, 1994 SUBJECT: Legal Service Interviews Two legal firms have been scheduled to meet with the Council and City Administrator on Monday. March 14 beginning at 5:45 p.m. The two firms are Best and Flanagan and Campbell Knutson Scott and Fuchs. The Popham Haik firm will be interviewed at a later date due to Tom Barrett being out of town during the week of the . Box lunches will be available for the Council at 5:30. The interviews will begin at 5:45. I will have a list of interview questions prepared for Monday evening. The Councilmembers may also wish to prepare questions. If you^have any questions regarding the interview process please call me on Monday. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 28, 1994 ROLL ^ The Council met on the above date with the following membere pfij^lf^^avdP^ward Callahan, Councilmembers Charles Kelley, J. Diann Goetten, and ^ Councilmember JoEllen Hurr was excused. The following represented staff; City A Ron Moorse, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, and Recorder Barbara Anderson. *"bbour. trator Mayor Callahan called the meeting to order at 7:30 p.m. (*#1) CONSENT AGENDA Goetten moved, Callahan seconded, for approval of the Consent Agenda with the addition of item #6. Ayes 4, nays 0. (*#2) APPROVAL OF MINUTES OF THE FEBRUARY 14, 1994 REGULAR CITY COUNCIL MEETLNG Goetten moved, Callahan seconded, for approval of the Minutes of the February 14, 1994 Regular City Council Meeting as submitted. Ayes 4, nays 0. PARK COMMISSION COMMENTS There were no Park Commission comments. PLANNING COMMISSION COMMENTS There were no Planning Commission comments. PUBLIC COMMENTS There were no Public comments. POLICE CHIEF REPORT Chief Sullivan introduced the three new reserve officers and the new Community Service Officer, Anita King. He presented the Council with the latest Police Reports for the Police Department activity. ZONING ADMINISTRATOR’S REPORT 1 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 28, 19W (•#4) #18% ALLAN AND JUDITH KLOTSCHE, 2760 SHADYWOOD ROAD - VARIANCES - RESOLUTION NO. 3386 Goettcn moved, Callahan seconded, to adopt Resolution No. 3386 approving variances for Allan and Judith Klotsche at 2760 Shadywood Road. Ayes 4. nays 0. (#5) #1903 ERNEST LEMMERMAN, 1297 WILDHURST TRAIL/4620 TONKAVIEW LANE - SUBDIVISION OF A LOT LINE REARRANGEMENT This item was deferred until later in the agenda as the applicant was not present. (♦#6) #1904 ERIC AND SHELLY LILJEQUIST, 3490 BIRCH LANE - VARIANCE - RESOLUTION NO. 3387 Goetten moved, Callahan secoiKled, to adopt Resolution No. 3387 approving the variance for Eric and Shelly Liljequist at 3490 Birch Lane. Ayes 4, nays 0. (#7) OTTEN BROTHERS, 2350 WEST W'AYZATA BOULEVARD - REVIEW OF BUILDING PERMIT FOR SIGNAGE PER PUD AGREEMENT Kelley commented he had been in favor of this development but he was concerned about the potential for creating problems by expanding the commercial uses allowed on this property. Mabusth stated that the final PUD agreement allowed a specific area for other commercial uses within the building. She reviewed the sign request and the options of action available to the City Council. She informed the Council this item could be referred to the Planning Commission for review, or to the Community Development Committee. She noted that the Council had not reappointed this committee in January. Mayor Callahan inquired who was on this committee and Mabusth responded that it consisted of the Building and Zoning Administrator, the Public Works Director, and the City Engineer. Jabbour inquired how long it would take this committee to reach a conclusion on this item and Mabusth responded that it could be resolved as soon as committee members could attend a meeting. Jabbour commented he felt the Community Development Committee should be reappointed rather than refer this matter back tot he Planmng Commission for review. APPOINTMENT TO THE COMMUNITY DEVELOPMENT COMMITTEE - RESOLUTION NO. 3388 Mayor Callahan moved, Kelley seconded, to appoint the Building and Zoning Administrator, the City Engineer, and the Public Works Director to the Community Development Committee. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 28, 1994 (#8) NORTH SHORE DRIVE MARINA - BUILDING PERMIT REgUTST Gaffron reviewed the staff repon and stated that staff recommended approval of this request. He noted that there is nothing that required treatment out of the ordinary. Richard Anderson, the applicant, was present but had no additional comments relating to this request. Goeiten moved, Kelley seconded, to approve the building permit request for the North Shore Drive Marina as recommended by staff. Ayes 4, nays 0. (#5) #1903 ERNEST LEMMERMAN, 1297 WILDHURST TRAIL/4620 TONKAVIEVV LANE - SUBDIVISION OF A LOT LINE REARRANGEMENT Mabusth reviewed the staff report and noted that the Planning Commission felt that the side lot line should be moved to maintain a 10’ side yard setback for the existing garage. She explained that Mr. Lemmerman was requesting conceptual approval of this request in order to avoid spending more money on a proposal the Council did not suppor,. Mayor Callahan inquired if this would be submitted as a f* rmal plat if the Council approved the concept plan and Mabusth responded affirmatively as we are dealing with a Class I Metes and Bounds Division and that it is the torrens office that will require a plat. Discussion ensued regarding the lot areas of the two proposed lots. Goetten commented she had no problem with the proposal. The other Councilmembers concurred. Goetten moved, Jabbour seconded, to grant conceptual approval of #1903 Subdivision of a Lot Line Rearrangement for Ernest Lemmerman, 1297 Wildhurst Trail/4620 Tonkaview Lane, to allow the applicant to proceed with the subdivision process. Ayes 4, nays 0. MAYOR/COUNCIL REPORT Mayor Callahan stated he met with staff and some of the MCWD members regarding the Wetlands Act. He also met with Moorse, representatives of MnDOT and Strgar, Roscoe, Fausch and stated they will have a mediation meeting on March 15, 1994 at 3:00 p.m. in the Orono City Council Chambers. He stated he had received an invitation to met with the Community Education Department for the School District and felt this invitation should not be ignored. The meeting is scheduled for March 9th at 7:30 a.m. at the school, and he planned to attend. Moorse stated he will also attend this meeting to give the school district information regarding the City ’s parks planning process, and other relevant information. Jabbour stated that the LMCD lake access numbers were not correct and he felt a letter should be sent to them indicating the LMCD staff should put forward the positions of the cities without trying to reconcile them with what they think the DNR’s position is. CITY ADMINISTRATOR’S REPORT MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 28, 1994 CITY ADMINISTRATOR’S REPORT continued (•#9) STEP INCREASE - OFFICER BRUCE ANDERSON Goctten moved, Callahan seconded, to increase Officer Bruce Anderson’s wage rate from $20,144 per hour to $20,520 per hour as of March 1, 1994, as per the 1994 LELS contract currently in effect. Ayes 4, nays 0. (*#10) REQUEST TO HIRE COMMUNITY SERVICE OFFICER Goetten moved, Callahan seconded, to hire Anita King as a Community Service Officer at the rate of S6.295 per hour effective March 1, 1994. Ayes 4. nays 0. (#11) ESTABLISHMENT OF GOAL SETTING WORK SESSION Moorse stated he had put together a list of issues facing the City that will need to be addressed in the near future. Discussion ensued regarding items to be included in the goal setting meeting. Mayor Callahan noted that they could begin this process on Thursday during their work session, and perhaps focus on tne Police Department issues. He felt they should have a full Council present when these items were discussed. Mayor Callahan suggested that they consider extending the moratorium regarding septic systems as it will expire soon, and he felt it should be placed on the March 14th Council agenda. This will allow them time to develop a policy regarding the 3 ’ separation issue. Gaffron stated they will give the Council a report on the 14th and the moratorium can be extended after that. (•#12) RESIGNATION OF PART-TIME POLICE CLERK Goetten moved, Callahan seconded, to accept Ms. Kennen’s resignation effective March 5, 1994. Ayes 4, nays 0. (•#14) REQUEST TO START HIRING PROCESS - PART-TIME POLICE CLERK Goetten moved, Callahan seconded, to authorize Police Chief to initiate hiring process for part- time clerical position. Ayes 4, nays 0. (•#15) REQUEST TO BEGIN HIRING PROCESS - ASSISTANT FINANCE DIRECTOR Goetten moved. Callahan seconded, to authorize the City Administrator to initiate hiring process for the Assistant Finance Director position. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO CITY COLTVCIL MEETING HELD FEBRUARY 28, 1994 (#16) HIGHWAY 12 POND Moorse reviewed the staff report and stated staff recommended that the pond be constructed at the minimum size needed, which will be three acres. This will accommodate the drainage from the project being developed, and if there is further development, the drainage ponds will be located elsewhere. Mayor Callahan noted that MnDOT is in the process of negotiating with the property owners to acquire the necessary land. Discussion ensued regarding fiimre development in this area and the possibility of having curb and gutter installed in order to channel the runoff into drainage patterns and retention ponds. Mayor Callahan commented he felt that they should take the minimum area that they need to provide drainage for the development. CITY ATTORNEY’S REPORT There was no City Attorney ’s Report. (•#17) LICENSES Goetten moved, Callahan seconded, to approve the following licenses: Site Evaluator/Designer License Application Otto Associates, Engineers & Land Surveyor, Inc. Buffalo, MN Swedlund Septic Chaska, MN Septic System Installer License Application Widmer, Inc. St. Bonifacius, MN Hayes & Sons Excavating Monuose, MN Sullivan’s Utility Services, Inc. Wayzata, MN Ayes 4, nays 0. (*#18) BILLS Goetten moved, Callahan seconded, to approve payment of the /\il ^.-unds Account. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD FEBRUARY 28, 1994 The council adjourned to Executive Session at 8:55 p.m. ADJOURNMENT Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk !► Ill M rr tji nVO VO •1^ 2 ft ° :u * jj" O' « a. «> « w»C o m m u n i tr o u t i n e C o n s e n t v a i l a b l e c o r d e r.w 2 *<§ ^J9C s? ^ § REQUEST FOR COUNCIL ACTION DATE: March 10. 1994 ITEM NO: 3 Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse City Administrator’s Title City Administrator Report Item D^ription: School Liaison Officer Program Exhibits 1. 2. Council Action Memo From 2/10/94 Letter From Melanie DeLuca, Community Education Director I have attached the Council action memo from the February 10 Council meeting outlining the school liaison officer program. Councilmembers have raised several questions regarding the program. These include; what the impact on the operation of the police department will be and what happens if the school district funding is exhausted prior to the end of the school year. The impact of the school liaison officer program on the operation of the police department will be minimized through the use of part-time officers to cover any regular patrol shifts that are open because of school liaison officer duties. The number of school liaison officer hours to be provided with the school district funding will be determined prior to the start of the program, so that the scheduling of the officer can N* done in a way that ensures the availability of the officer throughout the school year. The action requested of the Council is to authorize the Police Chief to work with the school district to develop a school liaison officer program. Staff will keep the Council updated through out the process of working with the school district to develop the program. COUNCIL ACTION REQUESTED: Motion to authorize the Police Chief to work with the Orono School District to develop a school liaison officer progran; to be fully funded by the school district. I REQUEST FOR COUECIL ACTIOR DATE: February 10, 1994 Police Liaison Progreua Exhibits: Letter from Melanie DeLuca The Orono School District wants to contract with the Orono Police Department to provide a liaison officer. They are willing to pay for the service and understand we have no money budgeted to supplement what funds they have allocated. I have attached a letter from Ms. Melanie DeLuca which outlines the backgroiwd in this proposal and identifies several areas in which a liaison officer could be used to benefit the students. There are also many benefits to the police department. With this positive interaction with the students, I believe some juvenile crime would be prevented by changing the attitudes of the ”at risk" students. Initially, there might be an increase of reported crime because an officer will be more available to receive spontaneous reports from students and staff. But, in the long term, I truly believe a good liaison progreua will make the school and our community a better place to live. Many of the areas identified by the school staff as possible uses of a police liaison officer are already being done by Orono police officers on an occasional basis. We already assist social workers and assistance teams, attempt to build a rapport with the students by chaperoning various activities, and try to prevent trouble by meeting with students to quell rumors. We also do classroom presentations when requested and meet with parent groups to educate and to inform them. One benefit of this school liaison prograun proposal is that the school is willing, and eager, to pay for us to do these things on a more regular basis which should make our efforts even more effective. This is a great opportunity to further our partnership with the school to make Orono a better emd safer place for our children to grow up. Requested Action Authorize Police Chief to develop a police liaison program with the Orono School District. >• / » ' . / • / • •*''. ^ ‘ ,•' ' /’ • ’; *» .1 .-• '' / - r'. .r . rr ‘‘ . ^__________ \ A M r Melami C DCLUCA CoMMummr CouCAnoii D mcctoii BmAN BC1IC$T«0« ASSfSTAMT COiiwiwmr COUCATlOti OltCCTOR Dale; Feb. 8,1994 Dear Chief Sulfivan, The Orono Board of Education has authorized a levy of approximately $11,000 to address trime related costs*. The levy's primary irUent is to allow school districts to contract with a city or county law enforcement agerx;y to provide a peace offcer for liaison services in the district's middle and high schools. This funding has already been levied for the 93-94 fiscal year and for 94-95. Our desire is to proceed as expediently as possible so that a program could be in place as soon as possible. While the Orono School District by comparison is a very safe and positive place for young people, we can not ignore the disturbing issues of violence and fear that are affectirtg our society as a whole. This opportunity to provide time for a peace officer to build relationships, interact positively with students and staff, and assist with prevention of criminal activity could be rrx)St effective in keeping our community a safe one. At this time the school district is seeking conceptual approval from a law enforcement agency interested in providing this liaison service. At the point this is achieved we would propose a committee made up of both school arxj law enforcement / city personnel to develop a job description, recommend program specifics and interview for a mutually acceptable candidate for the position. Program recommendations from this group would then go to the respective boards and councils for final approval. The district believes that developing this program with the Orono Police DeparlmenI would be mutually beneficial in that the schools are within your jurisdiction and require staff lime now to deal with student issues. This new source of revenue would allow addition time for an officer to also focus on prevention and early intervention. Orono pubuc Schools • 705 OLD C rystal B ay ROAD N orth , RO. Box 36 • Long Lake . Minnesota 55356-0036 • 612.449.8350 Initial discussions by middle and high school staff and administration Identified the following areas In which a liaison officer could benefit students: * Assist social workers, student assistance teams, and administration in issues related to criminal activity, chemical use. abuse, student conflicts, etc. * Interact with students to build rapport and trust by being present periodically in the buildings, at school events (ie. sporting events, dances, etc.) or at student center activities (occasional evening or weekend activities such as coffeehouses, volleyball tournaments, or dances). * Help prevent problem behaviors by presence and followup on rumors. * Educate students on crime related topics through classroom presentations or visits as well as one-on-one during office hours or srrtall group work. * Assist with specific programs (current or potential) designed to prevent crime such as the student leader program at the high school (PRIDE), SADD, and a conflict resolution program at the middle school. * Facilitate staff development meetings or parent education sessions that pertain to law enforcement (alcohol and drug abuse, violence prevention, abuse issues, etc.) Please feel free to contact me at 449-8351 with any additional questions you may have. I have been asked by our Superintendent. Dr. Mich, to facilitate this process and I am very excited at the opportunity this program will provide for a positive community / school partnership that will benefit young people. Sincerely, Melanie DeLuca Director of Community Education \REQUEST FOR COUNCIL ACTION DATE; 3/9/94 ^ ITEM NO.; ’Au Department Approval; Name Jeanne A. Mabustb Title Building & Zoning Administrator Administrator Reviewed;Agenda Section; oning Item Description; #1897 R. Hunt Greene/Jane Piccard, 865 Partenwood Road - Variances - Resolution Pertinent Ordinances I Section 10.22, Subd. 1(A) - Lakeshore setback A. Channel Required = 75 ’ Existing = 46 ’ Approved = 39’ (approved by Planning Commission aid DNR, refer to Exhibit I) Proposed by applicants = 37 ’6" (Applicants requests a 1 1/2’ overhang along channel; Planning Commission based approval on no overhang along channel consistent with ’83 review and current DNR approval maintaining 39’ setback from channel.) B. Maxwell Bay Required = 75 ’ Existing = 68 ’ Approved by Planning Commission = 50 ’6" (Maxwell Bay side limited ♦0 1 1/2’ overhang; DNR allows a 50 ’ setback from general development lake) Proposed by applicants = 50 ’ (Applicants propose 2 ’ overhang at comer of garage, the rest of Maxwell Bay side at 3 1/2’, refer to Exhibit B-3) Section 10.22, Subd. 2 - Review of hardcover 0-75 ’ setback = 46,000 ’ Allows = 0 Existing = 4,497 s.f. or 9.77% Approved by Planning Commission = 5,040 s.f. or 10.9% (4,972 s.f. + 68 s.f.) of new driveway hardcover Proposed by applicants = 5,080 s.f. or 11% (4,972 s.f. + 68 s.f. new drive and 40 s.f. of overhang on Maxwell Bay side in excess of 1 1/2’, total width of overhang proposed at 3 1/2’) Request for Council Action continued page 2 of 4 March 9, 1994 Zoning File #1897 List of Exhibit A - Application Bl- Hardship Statement B2- Response to Planning Commission Review of January B3- Response to Planning Commission Review of February C - Property Owners List D - Plat Map E - Elevation F - Amended First Floor Plan G - Hardcover Inventory 0-75’ Setback - Existing H - Hardcover Inventory 0-75’ Setback - Proposed I - DNR Letter J - Original Topographic Survey K - Resolution #1562 (Application #774) - Original Variance Approving an Attached Garage L - Elevation (Application #774) M - Floor Plan (Application #774) N - Resolution #2085 (Application #1084) - Variance for Addition to Stubbs Bay Shoreline O - Survey/Site Plan (Application #1084) P - Current Survey (Application #1084) Brief Review of Application Planning Commission reviewed this application at both their January and February meetings. The Planning Commission ’s major goal for this review was to minimize hardcover increases and the intensity of lakeshore setback required for the proposed addition to the existing residence. 94% of the total lot area is located within the 0-75’ setback area. Applicants propose a 650 s.f. garage addition to the southeast side of the existing residence (original January plan proposed 760 s.f. addition). Applicants note that the size of the garage addition is a standard size for a two stall garage with additional storage (24’x26’ = 624 s.f.) Applicants had offered to remove 300 s.f. of a blackout apron but both stalf and Planning Commission concurred that a backout apron was needed because of the 200 ’ + length of the single car width driveway. Applicants claim need to provide additional bedroom space for family of teenagers. Bedroom expansion would take place in the existing nick under two stall garage area. The proposed garage addition consists of two stall garage and additional storage area for a smaller sized car. As applicants’ addendum or hardship statement notes. Exhibit B-1, the existing residence has no basement area for storage. Request for CouiKil Action continued page 3 of 4 March 9, 1994 Zoning File #1897 In 1983 the original owner received approval of hardcover and lakeshore setback variances tor a proposed two stall garage with storage area resulting in a total of 5,652 s.f. or 12.2%, review Exhibits K, L and M. In 1986 the current owner received approval of a hardcover variance and lakeshore setback variance for a proposed two stor>' addition consisting of a 192 s.f. located 42 front the shoreline of Stubbs Bay and approval for a spa at a total of 100 s.f., review Exhibits N, O and B. Applicants chose to install spa over a portion of existing deck resulting in only 40 s.f. of new hardcover. A condition of that variance approval required applicants to remove some 800 s.f. of existing gravel driveway to the west side of the narrow driveway. Jane Piccard was present during the review of the variance application at the February meeting. Unfortunately, the applicant did not undcrsund the issues being raised by the Planning Commission nor did she relate to the conditions of the approval. Planning Commission did not approve an overhang along the channel area because it would have required a more intense variance setback at 37 1/2’. Both the DNR and the Planning Commission limited any encroachment of the channel area to 39’. The Planning Commission understood applicant to state at the January meeting that the overhang along Maxwell Bay side of the structure would be held at 1 1/2’. Applicants propose a 3 1/2’ overhang with a reduction to 2’ overhang at the comer of the structure so as not to exceed a 50 ’ setback required by the DNR. The Planning Commission recommended approval of the 1 1/2’ overhang along Maxwell Bay which would have required approval of a 50 ’6" setback from Maxwell Bay. The 3 1/2’ overhang proposed by applicants would result in 40 s.f. of additional hardcover proposed at a total of 11%. Planning Commission approved total hardcover at 10.9%. Please review Exhibits B-1, B-2 and B-3. Issues to be Resolved by Council A. Strucmral setback from channel; ^ 1. Planning Commission approval would require structure to maintain at 39 . If overhang is required than structure should be reduced in width. 2. Approval of 37 1/2’ setback as proposed by applicants. Applicants to seek approval of DNR for further encroachment of 39’ setback. B Maxwell Bay structural setback; 1. To approve per Planning Commission recommendation with an overhang not to exceed 1 1/2’ along Maxwell Bay, maintain a 50 1/2’ setback and total hardcover at 10.9% ; or Request for Council Action continued page 4 of 4 March 9, 1994 Zoning File #1897 2.To approve applicants’ amended proposal with an overhang at 3 1/2 ’ altered to 2 ’ at southwest comer of garage. Maintain a 50’ setback from Maxwell Bay with total hardcover at 11%. Please review Exhibits B-3 and E, the applicants have asked to clarify that the proposed addition will have an upper level storage area as shown on the elevation. It was never made dear to the Planning Commission nor staff with the written information presented nor with the floor plan exhibits of an upper level. The upper level addition will not expand beyond the 650 s.f. footprint. It will cover approximately half of the new addition. Applicants have been asked to provide an east elevation for Council ’s review at your meeting. The upper level storage area will require no other variance approval. COUNCIL ACTION REQUESTED: To adopt the approval resolution setting forth Planning Commission recommendation; or Approval of applicants’ amended proposal; or Other. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 (A) AND 2 FILE #1897 WHEREAS, R. Hunt Greene and Jane E. Piccard (hereinafter "the applicants") are owners of the property located at 865 Partenwood Road within the City of Orono (hereinafter "City") and legally described as follows; Lot 1, Block 2, Paitenwood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 1 (A) and 2 to permit the construction of a 650 s.f. garage and storage addition to the south side of the existing residence to be located 39’ from the channel at the east side of the property where a 75 ’ setback is required and 50 ’6" from the Maxwell Bay shoreline where a 75 ’ setback is required and a hardcover variance in the 0-75 ’ setback area where 4,497 s.f. or 9.77% exists and where 5,040 s.f. or 10.9% is proposed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1897. 2.The property is located in the LR-IB. Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 46,000+ s.f. 3.The Orono Planning Commission reviewed this application on January 18, 1994 and February 22, 1994 and recommended approval of the proposed variances as amended based upon the following findings: Page 1 of 5 A. The lot was platted and developed prior to current lakeshore development standards. B. 94% of the lot area is within the 0-75’ setback area where no hardcover improvements are allowed. C. The propeny is surrounded by shoreline on three sides. D. The existing house is located 46 ’ from the channel shoreline and 68 ’ from the Maxwell Bav shoreline. E. The City approved a 42’ setback for a two story addition to the shoreline of Stubbs Bay in 1986. F. In 1983 the City approved variances for a proposed garage addition that would be located 39’ from the channel shoreline and 65 ’ from the undetermined shoreline of Maxwell Bay. Total hardcover was approved at 5,076 s.f. or 11%. G. The house has no basement. H.The addition will have no affect on the lake use of neighboring property owners and will not be visually perceived as a widening of the house when viewing from the lake. The existing house is located less than 75’ from the shoreline on all three sides of residence. 4. J. Structural coverage is proposed at 5.3% where 15% is allowed. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property Page 2 of 5 5. right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings aiKl 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, Subdivisions 1 (A) and 2 to permit the construction of a 650 s.f. addition to the south side of the existing residence to be located 39’ from the channel shoreline and 50 ’6" from the Maxwell Bay shoreline resulting in a total hardcover of 5,040 s.f. or 10.9%, subject to the following conditions: 1. 2. 3. 3. 4. All hardcover scheduled for removal must be completed prior to the final inspection for new construction by the Orono Building Inspector. The area or footprint of the addition shall not exceed 650 s.f. of additional hardcover. Overhangs on new addition are not allowed along the channel shoreline side, 1 1/2 ’ along the Maxwell Bay shoreline side and 4 ’ along the west side of the structure. 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 14, 1995). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns. Page 3 of 5 hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 14th day of March, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Jane E. Piccard Property Owner(s) R. Hunt Greene STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 Pr CITY OP OROHO - VARIAHCB APPLICATIOH fi -1 / ^ « ri~ Initial Application Fee $175.00 ($50.00 per each additional variancer * Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) H t' ) ''}4 1 rrrv nr nc'rijunwail wi w*i\ce?u crikiAAfrr rzcrrcnr~ PROPERTY INFORMATIOM I aitHifVw. W’l I A ww» IJ502V0CD0 01 CEH rjyri- riwiiCwA I w. ccrcTOT^ruM-i vnnM4.uu.ai I iur'iiA i wv fr^/iu//v ww'a »lvi i a%/«v'» i < 7v V<4te/ a f / f7C AA a I w* • vv f/r a I w • w' Site Address /Lj Property Identif. Number (P.I.D.) g.S~~//*7** 2-J^^J Attach legal description to application if not included on required survey. # Date Property Acquired_ _ _ _ _ _ _*4/^^ (month/year) I (do) ^ono^ also own the adjacent parcels of land. Present use ot property: residential _ _other(specify)_ _ _ _ _ _ Zoning District:_ _ _ _ _ _ _ _ _ _ _ _ _ _ mmm mm mm mm mm mm mm mm mm mm mm mm mm mm mm tmm mm mm mm mm ^m mm mmm mm mmt mm mm w mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm ^m mm ^m mm mm mm mm mm mm mm mm mm m • mm mm mm mm mm mm m APPLICANT Phone (home) Naune PiCcjf/l^Vhcrxe (wor)c) Address: City: Zip: STS~7S~^ OWNER (if different than applicant) Name Phone (home) Phord (work) Address:City:Zip: DESCRIPTION OP REQUEST Estimated Construction Cost $ 70,000■ Describe request in detail VARIANCES REQUIRED Lot Area Lot Width K Hardcover Lot Coverage Setback:Front Side Rear Average Lakeshore Other (specify) UARDSHIP/DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements;_ _ _ _ _ _ _ _ _ _ _ _ _-ige _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ (attach additional sheets ii nscessary) REQUIRED SUBMITTALS All of the folloirlnq inforaat loo Bust be untMiftted by the application deadline date In order for yoor application to be considered conplete: c- 1. 2. Completed Application Form __Certifled Property Owners List of owners within 150' (you r'ust obtain this list from Hennepin County Department of Finance A-603 Gv-'vt Center 348-3271). 3. _Plat Map (obtained with property owners list). 4. __Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide rue (1) copy 8H"xll" for reproduction), 5. ___Topographic survey (existing and proposed elevations) if any changes in existing grade ire proposed (provide one copy 8>j"xll"). 6« Sketches or plans of floor t elevation views (provide 1 copy B^j^xll"). 7. _As an addendum to this applicationr please attach a separate list of any other persons you wish notified of this application. 8. __Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that yoor variance application is nob complete if bhe above information has nob 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 correct to the best of his/her )cnowledge. Applicant's Signature OWNERS SIGNATURE The owner hereby ackowledges 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 investiga tion and verification of this request. Owner's Signature /^./ (V > Date /yA^As Applicant must have all submittals into the City office 25 days before the Planning Commission Meeting. Planning Commission Mee\,.. igs are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Ccxnmission and Council. If an applicant is unable to attend a scheduled meeting, please ma)ce arrangements to have an authorized agent attend in your place and to advise the Building 6 Zoning Office of this change prior to the meeting. JJ.t: 77 HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS This property has been an exception from the start. The lot is large, but it is a peninsula. 94% of the lot area is within the 0-75’ zone. The lot is well hidden from all adjacent property owners and the proposed construction will be built into the side of a hill making it invisible to any adjacent property owners. The difficulties of this property have been recognized previously by the city and a copy of a 1986 variance is attached detailing many of them. In spite of the fact that the city has previously granted this variance when it required 5641 square feet of hardcover in the 0-75 zone, we have worked with the city to bring the current figure down to 4557 square feet. This variance request will raise the hardcover to only 4927 square feet by taking out driveway space. The original home and this proposed addition were both designed by the nationally recognized architect, John Howe, in the Prairie School. The addition will tie gracefully into the present home and landscape and create an important architectural site within Orono. The home is on one of the largest lots in its neighborhood yet is one of the smallest houses in terms of square footage. In addition, the house has no basement and thus has only limited storage area. The conversion of the two car garage to living space and addition of a ? to 3 car garage will still leave the house small relative to its comparaole neighbors. We believe the allowance of the use of our lot as a homesite originally recognized the lot's peculiarity and the city’s desire to allow some flexibility in its use due to the hardship imposed. We appreciate t.iis effort by the city. 0 Raspons* to Planning CosBiission conmanta l/18/94-il397 Groono/Piccard 1) A new survey was completed as requested. The new survey includes a square foot reduction in the proposed addition and indicates that th§ requested net additional hardcover has been reduced to 475 square feet (see 4 below). The total requested hardcover is now 4972 square feet. When we moved into this home in 1986 the hardcover totalled 5065 square feet. As part of the prior 1986 variance the hardcover was reduced by me to the current 4497 square feet. This request in combination with the 1986 work results in a total hardcover reduction of 93 square feet (see summary below). 2) Overhangs-The house was designed by John Howe, the chief dra^tsperson for Frank Lloyd Wright. I have been advised that any adjustments that are made to the overhang amount will be distinctly noticeable and substantially impair the architectural integrity and importance of the home. Neverthele^^s, I believe that overhangs in the back beyond standard are not required, and I believe that the front overhangs can be shortened by at least six inches if the city so desires. 3) Two car vs. three car-The new garage as proposed requires exactly the same hardcover as the standard two car garage proposed and approved in the 1983 variance application. The space for the third car is obtained by squeezing the standard spacing and shifting all of the normal side storage area to the side closest to the house. As such, the space for the third car is substantially substandard and I believe the city could properly consider the proposal a two car garage with storage area on the side. This was designed and proposed this way in deference to the city's hardcover concerns. In addition, we have now further reduced the square footage of the garage by shortening the corner closest to the channel. 4) Alternative reduction of hardcover-We originally discussed with the staff the elimination of the turnaround area that exists in the current driveway. If required, we would be willing to remove this area marked with an "A". This would reduce the hardcover by 300 square feet. As such, the total additional net hardcover requested would be only 175 square feet or 0.4%. Summary of Hardcover (square feet) Existing-1986 Existina-1994 Proposed Alternate House 1115 1347 1997 1997 Decks 450 450 450 450 Walkways 75 75 75 75 Driveway 3425 2625 2450 2150 TOTAL TO7 4972 4672 AJ^'XXw' fjC ADDITIONAL NOTES APPLICANTS PROPOSED FINAL VARIANCE #1897 GREENE/PICCARD Overhangs Overhangs on channel side to be held to one to one-and-one-half foot standard. b) Overhang on Maxwell Bay side to be maintained at 3-1/2 feet, but comer closet to Maxwell Bay will be "cut" to maintain 50 foot setback (from overhang) at all times. Overhangs in front over driveway are not relevant and will match existing house (approximately 4 feet). Council should note 2nd floor storage room to be placed over approximately 1/2 of garage as shown in elevation (area with square wmdows above garage). RUN DATE ll/Vi/n BATCH 002RROO AOOH C»tCR NAME TAXPAYER NAME/AOOR PROP AOOR OMNER NAME TAXPAYER NAME/AOOR NCmEPXN COUNTY PROPERTY INPORMATION SYSTEM property o»pcrs list30 0S-117-2S AS 0001 00000 PARTEFMOOO RO J E CRAY A C J CRAY JERRY E A CYNTHIA J CRAY 000 PARTENNOOO RO LQNC LAKE m 5535* SO 05-117-2S AS OOOA OSAOO EOX ST JAMES 0 FULLERTON III ET AL FULLERTON LUMBER CO P 0 BOX SO MPLS MN 65AA0 «PORr NO. PIASSAOl PAn II30 05-117-23 AS 0002 000A5 PARTEfMOOO RO R N GREENE A J E PICCARD R N GREENE A J E PICCARO 0A5 PARTENNOOO RO S LONG LAKE Etl 55354 SO 05-117-2S 4S OOOS 00015 PARTENNOOO RO E C 20NNE A K E 20(tC EMIL C A KATHLEEN E ZONNE 015 PARTEIMOOO RO LONG LAKE MN 55354 TOTAL BATCH 002 OOOOA 1 7 rmi 1 CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS DATEl^i|j5?5 BY 1^0 iiljBZu? r ‘ e #1897 /Mtfsig S ' WLOCm n» HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE 0NE)(^5^^ Existing Hardcover in Zone A. House 5 B. Garage •Vj ’ —sV ». ‘» '' > «. « ' :*N i c. Driveway D. Sidewalk E. Patio/ Deck p.Landscape AREAS UNDERLAIN PLASTIC SHEETING LENGTH . X - X - X TTtc^ /=»ea^ — ^ -co/y ///J^ S.F. ' /*^X4 WIDTH X _ •21 X S.F, _ S.F. S.F. iMoJt S.F. 2-4 zr -?r . S.F. . sip. . S.F. . S.F. S.F. S.F. S.F. S.F. S.F. S.F. G. Other S.F. Total Hardcover in Zone - Total Property Area in Zone (T1 VV^'? -ifTl yt 100 9-Sf( hardcover calcuution worksheet 2SO-SOO' 500-1000' //" FYi w.mn H ardcover in Zone A. H ouse LENGTH -2:3 WIDTH X ____- ^CO S.F, .r.(^ S.F. S.F. UNDERLAIN BY PLASTIC SHEETING X m B.Garage X * /-^C c f- C.Driveway n*7 X /o « / 7 *7 c*e e xr X 2^-c c D.Sidewalk X . X C c E.X c,atio/Deck X =. vro P r F.Landscape ADPAC «• X . 5 • p • . S.F. X X S.F. S < r • f G. Other S.F. _ S.F Total H ardcover in Zone Total Property Area in Zone T)—yjaae X 100 * /g ~7 % 7 ..... [T ‘^b,Ooi? S.F. 0 PHONE NO. STATE OF ^DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 772-7910 fileno January 12, 1994 Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 RE: LAND USE APPLICATION #1897, LAKE MINNETONKA (27-133, #24), CITY OF ORONO, HENNEPIN C01T4TY Dear Ms. Mabusth: I have conunents on the following land use application which is scheduled for public hearing before the Planning Commission on January 18, 1997. #1897. R. Hunt Green & Jane E. Piccard. 865 Partenwood Road. The applicants request lakeshore setback and hardcover variances in order to construct a garage. DNR Metro Waters recommends that the city deny the variance requests as they are currently proposed. We agree that the unique shape of the lot presents a hardship for the setback and hardcover standards. However, the current proposal encroaches on the Lake Minnetonka shore impact zone (1/2 the structure setback, i.e. 37.5 feet), an area which has an extra level of protection. We also understand that a 1983 variance was approved at this site for a garage that met a 39 foot setback from the channel (but was never built) . If the plan was revised such that the current proposal also meets at least a 39 foot setback (i.e. encroaches no closer than was approved in 1983) it would be acceptable to the DNR and we would not object if the city approved the variance. The Department should be advised of the action taken on the above requests within 10 days of final action and a copy of the official record should be forwardeu to this office if the proposal is not modified, as discussed above, before it is approved. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist c: Ed Fick, Shoreland Hydrologist Lake Minnetonka file #24 c .JAN X 3 1994 AN EQUAL OPPORTUNITY EMPLOYER Certifies to of Zurvf^y: I hereby certify thi*t thlr- is a true snd cerrect renmoentitior. of v survey of the bouruiariea of Let 1, floclc T, Parter.wcoc . It ices net purport tc stow ir.prove- oenta or errrcachner. , '<ut .■:o-=»d indieri^? tt-^ rrrrrr«d lce» tier, of a proror.ed buildior. HblstinR contour lines shown are froa topOfsTaohic survey of July 12, 1971. Sea le Date o 1^ = 5C 4-24-72 Iron mer<er Corden Coffin ' Reg land Surveyor and Planner Long Lake, Minnesota . 6064 » 4 ^ • CITY OF ORONO City of ORONO RESOLUTION OF THE CITY COUNCIL NO. ^562_________ GRAMTING A VARIAMCE TO MUNICIPAL ZONING CODE SECTIONS 34.201 AND 34.202 - FILE #774 WHEREAS, John Allenburg is the owner (hereinafter "owner") of property legally described as Lot 1, Block 2, Partenwood (hereinafter "property"), located at 865 Partenwood Road located within the City of Orono (hereinafter "City"); and WHEREAS, the owner has applied to the City for a variance to Municipal Zoning Code Section 34.201 to permit the construction of an attached two stall garage located 39 feet from the east/channel shoreline instead of the required 75 feet and 65 feet from the shoreline of Maxwell Bay instead of the required 75 feet and to Section 34.202 to allow an increase of 576 sf of hardcover within 75 feet of the lake over the existing 5,076 sf where no hardcover is permitted. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota; m FINDINGS 1. This application was reviewed as toning file #774. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 15, 1983, and recommended approval of the variances based upon the following findings: a) The lot is a peninsula and not wide enough to meet the required building setbacks from the lakeshore. b) The lot was approved as a building site in 1975 after the lakeshore protective standards were established by the City. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City sta..f, comments by the owner and other interested persons, and the effect of the proposed variances on the halth, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it an do not apply generally to other property in this zoning district; that granting the variances would not adversely effect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner, but is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the zoning code and comprehensive plan of the City. page 1 of 4 CITY OF ORONO City of ORQINO RESOLUTION OF THE CITY COUNCIL NO. 1562 _________ CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings the Orono City Council hereby grants variances to Sections 34.201 and 34.202 to permit construction of an attached two stall garage on the property legal ly descr ibed above to be located 39 feet from the east/lagoon shoreline and 65 feet from the shorel ineof Maxwell Bay instead of the required 75 feet and to allow an increase of 576 sf of hardcover within 75 feet of the lake where none is allowed subject to the following conditions: 1. No other variances are granted or permitted for this structure. 2. The City will approve no future variances for this property. 3. Authorities granted by this variance run with the property and not with the owner, 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 (September 12, 1984). 4. 5. ATTEST: Violation of or noncompliance 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 owner 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 reolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of September, 1983. CITY OF ORONO Alberta M. Strom, City Clerk Mary O^utler, Mayor page 2 of 4 . •»» . • ■ *\i -• . x\ \ • ^ "y “1 rM t b f. r t ' P U , K I f • ;* I >jJ ** .• «kr ' 0 • I I • r- ^ ' 7 i) s •■T Ilf r II i Tl, .^v 6 O U T K W E S T ELEYAvTlOK A. n D »A. L H <:>i. A 1*; c h/ 1. .^ K r A.. L T*i n R A. T 1 o >A :sr: to h o u /»B c:>f D s:/. ! • * . Lt .1 H l.l O 1Z.K h r T E..C.T;. ' 4 U vi E \*i '*J I » I / P> E C E A X I O H R O bx M . f trr .OV^^ . f tur3Pg“ y w < > OUtm^ .*• -.. .': . \ ■ ’ •* V 4 I ^irle.m ^o*. •TOOLS ^ N ’ A. A B > .✓ I . .. t . • -I* •>X; .<v"f I • • «y I II ^ *%* I 1 I I /' .* ’ .• . f • T~^ “ j i'i “ L- !4 ; lu 4DI J. I:------ .. . : _ . ------;r ^ •------ - ' / . J__.; Co ujj {■ uu'*»\*^ ~ ~ ' ~ » ~ ' ~ *“ “■ “ “* ~*^ • -» - _ ■ . ... .i I 1 ru e. t» <• fA 6 .. P L A G CITY OF ORONOJ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2085 -• '/ .. / 0 •xJi - h RESOLOTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 & 2, AND SECTION 10.55, SUBDIVISION 8 FILE *1089 WHEREAS, R. Hunt Greene (hereinafter "the applicant") is the owner of the property located at 865 Partenwood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 2, Partenwood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Sections 10.22, Subdivision 1 & 2 and 10.55, Subdivision 8 to permit the construction of room additions totaling 292 s.f. of structural hardcover in the 0-75' lakeshore setback zone where no structure or hardcover is normally allowed. Minnesota NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning Pile #1089. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 17, 1986, and recommended approval of the proposed variance based upon the following findings: A) Approximately 94% of the lot area is within the 0-75' setback zone due to lakeshore surrounding the property. Existing hardcover in the 0-75* zone is 5,065 s.f. or 11.0%, including house, gravel driveway, sidewalks, etc. B) The existing house is 48' from the lakeshore of Stubbs Bay. The existing deck is 39' from the lakeshore. the proposed bedroom/kitchen addition will be 42* from the lake- shore. The proposed sunroom will be 60' from the lakeshore. Variances to construct the existing house were granted in 1976. C) Up to 800 s.f. of gravel parking area located 40' from the shoreline of Maxwell Bay is available for removal to compensate for the proposed hardcover. ^ OROHiCi 1 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2085 a garage addition was granted in variance has since expired, and the current applicant does not wish to renew the variance. E) The existing house site is relatively low, near the lake level, ihe house has no basement, hence interior space is limited. The layout of the house limits the expandability boundaries bedroom areas within the existing wall will have no effect on any lake views of neighboring property owners and will not be visually lake^^^^^ ^ widening of the house, when viewing from the G) Hardships to the property include the lot configuration proximity to lakeshore on 3 sides, and the fact that almos? the entire house is less than 75' from the shoreline. Council has considered this application including Planning Commission, staff, comments by the applicant and the effect community°^°^^^ variance on the health, safety and welfare of the Council finds that the conditions existing on this Droneib and do not apply generally to other So»?^ nL zoning district; that granting the variance adversely affect traffic conditions, light, air nor n«*. JL hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of thi ''ould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS crrAni-e » ®®sed upon the above findings, the Orono City Council hereby ^ variance to the Municipal Zoning Code Section 10.22, of^a^kiJihL/bedroom^^ 8 to permit the constructioncLtr^-n tif/ n 7?^^^ ^iddition totaling 192 s.f. of structure and hard- 2”^^ lakeshore setback zone and located 42' from the hardcover® totaling 100 s.f. of structure and lakeshore setback zone and located 60' from the lakeshore, subject to the following conditions: OIYT" . ■ • >'.-v,- of; ORQNm City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2085_ _ _ _ _ 1. This approval is for a 2-story, 192 s.f. addition to the existing house and a 1-story sunroom of 100 s.f. only. The variance for an attached garage which was granted per resolution #1562 in 1983 has expired and such garage is no longer approved for constuction. 2. Hardcover approved for this property in the 0-75' lakeshore setback zone is as follows: House Driveway Deck Sidewalks Additions 1,115 s.f. 2,625 s.f. 450 s.f. 75 s.f. 292 s.f.(this approval) y 4,557 s.f. Total Approved Hardcover 4,557/46,000 = 9.9% In order to meet this requirement, applicant shall remove 800 s.f. of existing gravel parking area near the west end of the property. Applicant may, at his option, construct the spa at the alternative location shown on Exhibit A attached, which will result in a spa hardcover of only 40 s.f. instead of 100 s.f., because a portion would be over the existing deck hardcover. The structural footprint of the spa if constructed in the alternate location shall not exceed 100 s.f. nor extend nearer to the lakeshore than the north wall line of the bedroom/kitchen addition. 3. Applicant is advised that no future proposals that result in an increase in hardcover on the property will be approved; such proposals might be approved only with concurrent removals of existing hardcover so that there is no net hardcover increase. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (November 24, 1987). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. % i^V'jiff * » • - * 1 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2085 ^ 'Viz ' ^miaiT A.M.«T^ - Met-» ^P'-JrCTffC SlDfc^ jJ^ I '■•^r-i.y rortify thr.-. ti;in Js a tr-:« nnd 'crroct rcprrncntnticn of a , ' jurrcy ff ’J. ■ boi.r.darivr r.f l^-.r 1, !;J.c":< .', ?:rtcr.wocd, the locoticn '■•: ail oxirtinr t:.Il..ir;r ;. thor'.c: , nr.cl f-.v -iropoccd Iccatlcn cf a pro- : ;.i l ;<r.i'. I* •.:r>'T. j'-.-t r u-'.xTt *o cr cv otr'^r ir:prt. vor.or.r..*: cr__________ < r,.?-vict7-f:r.* j, ii .'-r.y, .■..rr.-:;t. un 'i/iatint. cri'/ :v-jy. #774 Scale; 1" = 50' Dote ;. 7-7-l’> o ; Iron narker CORXK R. CCFFi:; C0.,I.\C. :3 rrsrr*i*I t7?7. @I10^(S AUG- I 1983 CITY OFORQNO Oorhan ?.. Coffin Hof, F^rk S. Crrnberc Rc*t;. No. 12755 oond Sun-'cyorc and Planners Lon,': .'••■!<c, .".irnesota •»t .••.» • ‘ %•• •»•- - f-wlacinq Legal Description Lot 1, Block 7, Partcnioood. T>«is survey shows the location of an existinq house located an %iuly 7, 1913 and a propesed addition thereon. It does not P^r-port to show any ;<ther inprovements or encroachments. 5cale: 1" - 30* Date ! 7-T-83, addition shown 1-13-94 o t Iron marker t*\n nrvmrTH^* 11 i council REQUEST FOR COUNCIL ACTION ^AR 1 4 ®^4(B ^994 U,li ITEM NO.; £T Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item DejM.! iption: #1902 Dan R. Guenthner. 120 Golden View Drive - Conditional Use Permit Public Hearing Brief Review of Application Mr. Guenthner has received approval via a conditional use permit for the temporary use of a greenhouse on the Dickey property located to the immediate south of the subject property for the past two years. As the Dickey site is currently being considered for subdivision, the area is no longer available for applicant ’s use. Applicant proposes to install a temporary greenhouse and planra crop of 3.5 acres on the Hallson property consisting of 8.6 acres. The temporary greenhouse at 14 ’ x 60’ and a maximum 10’ height will be installed to the immediate south of the planted field. Discussion as to the suitability of this site for planting was never discussed in depth by Planning Commission as there were no neighbors in attendance. The 3.5 acre field had been planted with crops this last year and neighbors have obviously no concern with the continued use of the area for the growing of crops. Because of the limitation in area as compared to the Dickey site, it is recommended that at the time the structure is dismantled that it be stored off-site and not on Mr. Hallson s property. The temporary greenhouse will be in use commencing March 25th through June 15th. similar to the same duration of time proposed for temporary greenhouse on Dickey site. The applicant advised that he would not be using the Suess property to the immediate east for planting as property is currently being considered for subdivision. Additional planting areas will be provided further west, possibly in another city. Applicant has no plans to sell crops at site. Please review the enclosed staff memo for more background on this review. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the conditional use permit for the temporary use of the greenhouse on the Hallson property located at 120 Golden View Drive. The enclosed approval resolution has been drafted per the findings and conditions of the Plannin g Commission ’s recommendation of approval. To; From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator March 10. 1994 #1902 Dan R. Guenlhner, 120 Golden View Drive - Conditional Use Permit Resolution Brief Review of Application Mr. Guenthner has received approval via a conditional use permit for the temporar> use of a greenhouse on the Dickey pioperty located to the immediate south of the subject property for the past two years. As the Dickey site is currently being considered for subdivision, the area is no longer available for applicant ’s use. Applicant proposes to install a temporary greenhouse and plant a crop of 3.5 acres on the Hallson property consisting of 8.6 acres. The temporary greenhouse at 14 ’ x 60’ and a maximum 10 ’ height will be installed to the immediate south of the planted field. Discussion as to the suitability of this site for planting was never discussed in depth by Planning Commission as there were no neighbors in attendance. The 3.5 acre field had been planted with crops this last year and neighbors have obviously no concern with the continued use of the area for the growing of crops. Because of the limitation in area as compared to the Dickey site, it is recommended that at the time the structure is dismantled that it be stored off-site and not on Mr. Hallson ’s property. The temporary greenhouse will be in use commencing March 25th through June 15th, similar to the same duration of time proposed for temporary greenhouse on Dickey site. The applicant advised that he would not be using the Suess property to the immediate east for planting as property is currently being considered for subdivision. Additional planting areas will be provided further west, possibly in another city. Applicant has no plans to sell crops at site. Please review tne enclosed staff memo for more background on this review. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the conditional use permit for the temporary use of the greenhouse on the Hallson property located at 120 Golden View Drive. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission ’s recommendation of approval. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PERMUNICIP L ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE NO. 1902 WHEREAS, Dan R. Guenthner (hereinafter the "applicant") has an interest in the property located at 120 Golden View Drive within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 1. Hallson Estates, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the temporary use of a greenhouse from March 25 through June 15, 1994 per Municipal Zoning Code Section 10.28, Subdivi>ion 3 (A). Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1902. 2. 3. The property is located in the RR-IB Rural Residential Zoning District requiring two acres in area. The subject property consists of 8.6 acres. On February 22, 1994 the Orono Planning Commission reviewed the application and recommended approval of the application as proposed based on the following finuitigs: a.The structure shall be in use no more than three months out of the year. b. When the structure is not in use, it shall be dismantled and stored off-site. c. The temporary accessory structure shall meet all required setbacks of the RR-IB zoning district and oversized accessory structure code. Page 1 of 4 4. The Council finds that granting a conditional use permit to allow the temporary’ installation of a greenhouse on the property 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. 5. 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 a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit the temporary use of a 14 ’ x 60 ’ greenhouse at a maximum height of 10 ’ on the property located at 120 Golden View Drive, subject to the following conditions: 1. The temporary greenhouse shall be installed on the property from March 25, 1994 through June 15, 1994. When the structure is dismantled, the greenhouse structure shall be stored off-site. 2. The applicant and owner, John Hallson, shall be responsible for all activities approved under the conditional use permit for the use of Common Harvest Community Farm. 3. John Hallson, the owner of the property, is hereby advised of the potential for eliminating suitable septic areas on the property because of the use of heavy equipment compacting soils. The existing and alternate septic sites that cuirently serve the residence on the property must be staked prior to the installation of greenhouse or any other land alterations. 4. The temporary greenhouse structure shall be installed to meet all required standards of the State Building and Fire Codes. Page 2 of 4 Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned owner(s) and applicant 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 Orono City Council on this I4th day of Mar**', 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr.. Mayor Property Owner(s) Dan R. Guenthner, Authorized Agent of Common Harvest Community Farm STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 14th day of March, 1994, by Edward J. Callahan, Jr. 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 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of___, I99_ 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 foregomg 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 To:Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorsc. City Administrator From:Jeanne A. Mabusth, Building & Zoning Administrator Date:February 14, 1994 Subject:#1902 Dan R. Guenthner, 120 Golden View Drive - Conditional Use Permit Public Hearing Zoning District: RR-IB, Rural Residential Zoned Lands Total Area = 8.6+ acres Pertinent Ordinances 1.Section 10.28, Subdivision 3 (A) - Conditional use permit required for temporao' greenhouse to be installed March 25 - June 15 on John Hallson property located at 120 Golden V'iew Drive. 2.Section 10.20, Subdivision 3 (L) - Farms (crop and stock). Conditional use permit required if ten acres or more. Applicant proposes 3.5 acres. No conditional use permit required. 3.Section 10.02, Definitions. 71 - Use 72 - Use-Accessory 73 - Use-Conditional 74 - Use Permitted 75 - Use-Principal 4.Section 10.03, Subdivision 9 (E) - Accessory structures in excess of 750 s.f. footprint area but not exceeding 1,000 s.f. shall be located 15’ from any lot line. The proposed greenhouse is 840 s.f. Review Exhibit H, note structure has been placed behind principal structure and meets minimum 15’ setback from all other lot lines. 5.Section 10.20, Subdivision 4 (G) - Roadside stands. Sale of produce grown on site is allowed, subject to meeting required standards of code. Any approved access to property is via private road. Golden View Drive. List of Exhibits A - Application B - Addendum C - Plat Map D - Property Owners List E-1-2 Newspaper Articles Zoning File #1902 February 14, 1994 Page 2 G - H - Resolution No. 3098 - Granting Approval of Temporary Greenhouse in 1992 at Dickey Property Located at 2645 Watertown Road Septic Inventory Plan Survey/Site Plan Description of Request Applicant seeks approval of a temporary greenhouse to be installed at the John Hallson property at 120 Golden View Drive immediately north of the Dickey property where a greenhouse has been installed for the past two seasons (1992/1993). The Dickey property is currently being considered for subdivision and property is no longer being offered to Mr. Guenthner for planting of crops. The structure is propoicd at 14’ x 60 ’ and at a maximum 10’ height and shall be constructed as previously approved of 6mm poly material tacked to steel p>erlon structure. As before, the structure must satisfy the building code standards for a temporary greenhouse. Applicant proposes the planting of approximately a 3.5 acre field. As before, major portions of the crop will be sold to various markets and restaurants and a smaller percentage to member families considered share holders. To the City’s knowledge, produce has never been sold directly at the Dickey site although code would allow the selling of produce grown at the site as an accessory use. Although the conditional use permit application notes only the use of the Hallson property, Mr. Guenthner has advised in a recent phone conversation that he may use a small portion of the Suess property on the west side. Staff advised the applicant of the limitations now on the use of the Suess property because this property is currently under subdivision review. Septic testing has been completed for all proposed lots. If Planning Commission members can recall, original septic testing completed for proposed Lot 3 was negated because of trucks driving over septic area. Suess had to provide additional septic testing for Lot 3. Expansion to the Suess property may no longer be an option. The Dickey crop operation was located to the mid/north of the 66 acre undeveloped property. The Hallson propeny is surrounded by two acre development to the west, north and south. There are certain activities and odors that emanate through care and maintenance of vegetable crops that may prove to be incompatible with adjacent neighborhood. Applicant should provide more detail on his operation. Issues for Consideration 1. The code does not limit the number of conditional uses or permitted uses on a given property. A conditional use permit is not like an accessory use where accessory use must be subordinate or supportive of principal use. A conditional use can be independent from Zoning FUc #1902 February 14, 1994 Page 3 4. 5. the principal use. The code does not appear to limit the number of uses permitted or conditional on a property. Note code only allows a conditional use permit for crop use if area exceeds ten acres. Is this too intense a use of the 8.6 acre residential lot? Should a property currently under subdivision review be a suitable candidate for the planting of crops? If septic areas were fenced off prior to cultivation, the owner may have taken the necessary precaution but in any case it is at Mr. Suess’s risk if he allows the crop use without first protecting his primary interest. What is the opinion of the Planning Commission? Review Exhibit G. Tte existing septic system is to the immediate west with an alternate site shown to the immediate north, located to west and north of detached garage, somewhere in the area of the proposed temporary greenhouse. Mr. Hallson has noted an interest in subdividing his property at some time in the fiimre. It may be to Mr. Hallson ’s benefit to now secure septic location before heavy equipment compacts area suitable for septic use. Prior to any land alterations or installation of greenhouse, staff would have to ask that existing septic system be staked off and protected. If Mr. Hallson has had an alternate septic site tested, that area should also be staked off. Consider the Dickey and the Hallson properties, is this a suitable site to install temporary greenhouse? Will the 3.5 acre planting area be adequate for applicant’s needs if additional acreage is not available at the Suess property? Resolution No. 3098 that granted approval of the temporary greenhouse on the Dickey property was granted without any limits on the time for the use of the temporary structure. Should this conditional use permit be limited for a specified time? Should the conditional use permit be renewed each year? Options of Action Any recommendation of approval must include the following conditions: 1. 3. Structure shall be installed to meet all required standards of the State Building and Fire Codes. Use of structure shall be limited to the specific period March 25 - June 15. When strucnire is taken down, strucnire must be removed immediately from site and not stored on 8.6 acre parcel. Zoning File #1902 February 14, 1994 Page 4 4.Notice to owner of property of potential of eliminating suitable septic areas on property because of the use of heavy equipment compacting soils. Existing and alternate septic sites must be staked prior to the installation of greenhouse or any other land alterations. OR Denial. If Planning Commission members recommend denial, please refer to the necessary findings in Section 10.09, Subdivision 6 (A). ^ ICIU'I OP ORONO - GE2JZRAL LAND USE APPLIj^^IQSt^^ .4* • ' - - > 5? y fl PROPERTY LOCATION Site Address \Z-0 U.ESA-’ tf., o/a.Oj^ Property Identification Nunber (P.I.D.) - - - - - rrrv r*rWr A I I W»iC T W»* * '*• ^ ^I Aitmtu-u. w# I *v^ .• f rn»VA a I - C ,v)a a;, w* • W f--VVPlease attach legal description to application if not includg^d.^^. on required survey. _ _ ____ _ _ _——————— ----------------------------------------------------------------------- Phone (home)__72f25^^ APPLICANT Name O/W^ Z. to06irwog<g^.------------------------------------------------ Va/ <.«>/ ? Address Zip OWNER (if different than applicant) Name TtgMM M Au^obi---------------- Phone (heme) HVS'-'0&^'9- Phone City Oi^Ot^o Zip 553S6 Address IZO 6?o(t)ev-vO«^__^*1:----------------- , . (month/year) ?“Lf?irSStr2lsoi^_the_adia_ce« ____________ FEES •“ CONDITIONAL USE PERMITS “ _ _ _ _ $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $175.00 Institutional (church, school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated ««tland or floodplain Grading and filling - 101 ^ 7*>* of laJceshore- - - Grading, seawall, retaining walls within 73 PRD/PID - see fee schedule Renewal Fee - SIOO.OO (no change from After-the-Fact Fee - Double Current Application 0*H® APPLICATIONS^ Commercial Site Plan Review (t consultant fees) - - - - $250.00 Vacation - - -- $175.00 Easement Vacation ” $ 75.00 Easement Vacation With Subdivision - - - - $300.00 Rezoning (PUD - refer to^ff schedule) ^ $3 00.00 Comprehensive Plan Amendment * $100.00 Appeals Other - see fee schedule PRESENT DSB OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) DESCRIPTION OP REQCEST ^ // / Describe request in detail: IH y (gO* 3. 4. 5. 6. 7. REQUIRED SUBMITTALS Completed Application Form. Certified Property Owners List of owners within 350* (you can obtai this list from Eennepin County Department of Finance A-6*03 Governmer. Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 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 OP LARGE DOCUMENTS OR A WORKING COPY (11" X 17 * OR SMALLER) POR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:___________________________________ Date__________]______ APPLICANT•S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual 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 OWNERS 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 re^^^ SI Date \ — Applicant must have submittals into the City offices 25 days before the Rlenning 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 ^^*^1® 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. Jaiajary 26, 1994 JJ. i 17' B Jeanne A. Mabusth Building and Zoning Administrator City of Orono Orono, Minnesota Dear Jeanne, Enclosed you will find a conditional use permit application for relocating rav temporary greenhouse to the John HalIson property at 120 Golden View Drive, As you are well aware I have been truck faming in the city of Orono for the past three years, renting property from Pat Dickey, Bob Suess and now John HalIson. The previous three seasons my greenhouse has been erected on Pat Dickey's land at 2645 Watertown road. As in previous years, I will need to use a small greenhouse structure to help start transplants for the spring. I would like to continue the same arrangement with the 14 X 60 foot structure to be assembled the 25th of march and disassembled on or before the 15th of June. Enclosed you will find a map with a more detailed discription of the proposed location of the greenhouse. Thank You for your consideration of the proposal. Sincerely, Dan R. Guenthner Common Harvest Fam Local, Organic frsh-market vegetables BUN DATS 01/2A/9A BATCH 003raop AOM OMCR NAME TA)(PAYER NANE/ADOR PROP AOtm OMNER NAME TAXPAYER NAME/ADOR SO 04-117>ES IZ 0007 02M5 HATERTOm RO PATRICIA C DICKEY PATRICIA C DICKEY 2A45 HATERTOMI M>L0N6 LAKE MN 55S5A SO 5S>110-ZS 42 0007 027S0 SILVER VIEM OR R A A C A SHANSON ROGER A A CAROL A SMANSON 27S0 SILVER VIEH OR LONG LAKE Itl 55SSA HEMCPIN COUNTY PROPERTY INPORHATION SYSTEM PROPERTY OWCRS LISTSO SS-110-2S 41 OOOO 0Z54S HOOOHAVEN OR NAM OASNORE NEAL K I MARY 0 OASMORE 2545 NOOOHAVEN OR LONG LAKE ttl 55S54 SO SS-110-2S 42 0000 02400 SILVER VIEM OR SPEAK THE NORO CNURCH SPEAK THE HORO CHURCH 515 JERSEY AVE S GOLDEN VALLEY 55424 REPORT NO. P14SS401 PACE 10SO SS-llO-ZS 41 001402525 HOOONAVEN ORC J O’CONNOI A L S O'COMCRCHRISTOPHER J O’CONNORAND LYNETTE S O’COmUl2525 HOOONAVENLONG LAKE Wl 55S54 SO SS-110-2S 42 0004 02450 SILVER VIEH OR J V A 0 M CROTTEAU JOHN V A OONNA M CROTTEAU 2450 SILVERVIEH ORIVE ORONO m 55354 • \ ■ • * J. • * ‘ ■ •■‘'V . V- V.. PROP AOOR OMCR NAME TAXPAYER NAME/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AOOR SO S3-110-2S 42 0011 02715 SILVER VIEH DR 0 0 PETERSON A K L PETERSON DONOVAN 0 A KAREN L PETEI60N 2715 SILVER VIEN DR LONG LAKE 104 S5S54 SO 5S-110-2S 4S 0005 00120 GOLDEN VIEM DR JOHN HALLSON JOHN T HALLSON P 0 BOX 171 LONG LAKE ftt 55S54 SO SS-110-2S 42 0012 02475 SILVER VIEH DR T N ISAACS A R ISAACS rNOMAS H A ROSALYNDA ISAACS 2475 SILVER VIEH DR LONG LAKE M4 55S54 SO SS>110-2S 4S 0009 OOOSO ADDRESS UNASSIGNED J F A M C P VOGT ET AL GVD HA 05 GOLDEN VIEN DR LONG LAKE, ttl 55354 SO S3-11S-2S 4S 0004 02440 HATERTOItl RO T P GORMAN ALT GORMAN T P A L T GORMAN 2440 HATERTOItl RO S LONG LAKE ttl 55S54 SO -33-110-23 4S 0010 000S5 GOLDEN VIEH DR M A L CHORLEY MICHAEL E A LUCINDA CHORLEY S5 GOLDEN VIEH OR LONG LAKE ttl 55S54 V . I: f , 4 L C PROP AOOR ONNER NAME TAXPAYER NAME/AODR PROP ADDR OttCR NAME TAXPAYER NAME/AOOR SO SS-110-23 43 0011 00055 GOLDEN VIEH DR V 0 A N L ERICKSON VAN D A NANCY L ERICKSON 55 GOLDEN VIEH OR LONG LAKE MN S5S54 SO SS-110-2S 45 0014 00155 GOLDEN VIEH OR 0 A SMITH A A E GOLD-SMITH DOUGLAS A SMITH 155 GOLDEN VIEH DR LONG LAKE MN 55354 SO 3S-118-2S 43 0012 00085 GOLDEN VIEH DR M A A HILBELINK MICHAEL J HILBELItK 85 GOLDEN VIEN OR LONG LAKE MN 55354 38 3S-118-2S 43 0015 00175 GOLDEN VIEH DR L A J STRAND LYtM H STRAND 175 GOLDEN VIEH DR LONG LAKE ttl 55354 38 33-118-23 43 0013 00125 GOLDEN VIEH DR JAMES C A CARRIE D HEYERDAHL JAMES A CARRIE HEYERDAHL 125 GOLDEN VIEH RO LONG LAKE ttl 55354 30 33-118-23 43 0014 00038 ADDRESS UNASSIGNED LILLIAN B PETERMAN ET AL TAXPAYER TO LET FORFEIT • . * t • I. . 1 . ‘: :• ; \ 4 • . I Uf OATC 0X/X4i'«« 'H€I#€FIH COUNTY PROPfllTY iMrOWUTION SYSTTH raOPERTY OWERS USTMTCN DOSPROP AODR OM€R NANi TAXPAYER NAME/AOOR SS SS-118-ES A4 0001 OESOO HATERTOm «l RQOERT F SUESS ETAt ROOERT r SUESS ES80 NATERIOm RD LONO LAKE MN S5S5A f •T ♦ ^ w * * ' fV, • S. t- K ’ ■. . ’ ( • •-i... .. . . « •. « ^ • Vv4V-:. -v^^ ■ ■ '•''t',' •». • A * '• 4 y ^ .,-1 ■•.„ ■t- i • , C . ■ V ' • ‘ • V ■•'.V •• . ■ , ^ *» . * 1 V V >> ■ ' '■ , .■* • ■ • -* 4 A » * • A »..V r; •? i ‘ ^ i*» • 1/. • • .-■ i « I ‘‘ ►i-1-4 • I••. . • REPORT HO. PIASS401 PAGE U I*50 55-110-25 A4 000202500 KATERTONN RO ROOERT F SUESS ETAl ROBERT F SUESS 2500 KATERTONN RD LONO LAKE MN 55550 TOTAL BATCH 005 00020 0 • X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMAriON AS XT APPEARS THIS DATE ON THE RECMOS OF THE HE»tCPIN COUNTY DEPARJNENT OF PROPEDVF TAXATION, TOy^NE BEST OF NY KNONLEDGE AND BELIEF. DAT '4■ *» • i- <* 5* •! ,* • ■5 V ■ .•?/ . • ¥.■ » • # ♦ \ /ti* - f!.* '• ti • • • • I * 1 ^ ^ / i' ’ ‘• • ? .4 • k. * • 1 */* • * fc • • »1 !•* : t ) ;• y‘-r'H • fV . *• I ^V • i*-' • • . ‘ Cof imiunity farms share an organic return to roots % i. r* IT- / —" V ^4 X 1 'v> 'V m •■'rri V*. V .li Staff Photo by Marlin Levison Dan Quanthnar and Margarat Pannings, with a littia halp from Anna Guanthnar, 6 months, watarad organically grown plants, part of a community-supported farming program, in a graanhousa near Long Lake. T By Kari n Winagar/Staff Writer here's stilt frost in the ground, but the frogs are Singing love songs In the ponds amorra the oaks at Red Cardinal Farm. David Washburn and Mag Anderson raise flowers, vegetables and berries on this 35- acra organic farm just east of Mahto- madi. In a month or two, the hitlsida behind the small green barn will bloom with peonies, coral balls, as- tilbes, scabiosas, irises and conaflow- ers. And the raspberry canes ar>d blueberry bushes will burst up through the pine-nea(fla mulch behind the chicken coop that has bean con verted to an office. This is Washburns' and Anderson's third season as community shared agriculture (CSA) farmers. They plan to offer 30 fruit and vegetable "shares" — customers pay $395 in advance for 14 to 16 weeks of pro duce. They also are selling 50 shares FARMS continued on page 6E ill Conunon Harvest Faipti gro^vjkoi of a common concQ^i^or tU.cuin M ... _ _ ^ ^ « « ji GArdn 'Hie Slrire Tale family of Wayzou lat down lo diiifior and en|oyed new poca* toot, cvcunbert and an eggplant rat- sor^ aU vofHabWf piekod the very day they am them. But dm Taiaf didst grrw the vegeuhlet is dmir backyar-^ ihey don’t have the space. Nor dM they buy them at a roadtide fUnd. The froth load as their table casm horn the Coassaa Harvett farm on Water town Rd« weet of Long Lake. It was planted cultivated and cared Im by their Carroer, Dan Guenthner. The Tates, who have purchased a hill share (providing for a family of foui) in the crops raised at the Gomroon Harvest Farm, will receive a bag of fresh vegeublet once a week for 20 weeks. They are one of 85 householdt tn Minneapolis who refer to Dan Gueath- ner as “our farmer ** Sixteen other subecnber families rr side in the readership area of this news paper. and they are all beguining to think about the food they eat in a different way. They want to s upport a program that pro> mises them fresher food than they could buy at any market, at lower prices, and they want to know the food has been raised organically and locally. Many of the families ttroagiy feel the need to be involved in the production of the food by gouig to the fields to see what is growing helping pick and pack their produce, and personally supporting theu* farmer and hit staff of five. They want more than a "subtle conaectiofr to their envi ronment Although the Common HarvestFarmis the only one tn this ares (the closest similar fbim is in Osceola, Wisconsin), the idea of a subscriber farm is not new. Japan and Switzerland have been doing this form of agnculture for years. Thirty years ago in Japan, coocemed citizens formed “buying groups,** went directly to a farmer, and used this interesting ap proach to consumerism that is now hap pening at Harvest Farm Here in the United States, this t>*pe of farm is very prevalent in the northeast ern sutes, where it first begarL Now iifs cropping up on the west coast where Californians refer to the food raised as “y^Ppy chow.** Farmer .Guenthner feels that here in -fl V. r lirTic Ihoi 40 She food Minnesouas eot ia imMucod oiK the gioeery hands the damg before you if we peueerv e **Thairs svefuge for s piece of smd Guenthner, “and ike ssnm^JrMt/if food produced here ~ Si jm^lnvels a shorter distance diOoe sm sets of hands ^ What Guenthner says he is resUy tify> ing to esublish at the Commoci Harvest Farm is relations hips--the relationship of people to la.sd, people to food* and people to the food of the land Asifaggie Michaelson, coordinator of the weekly fbod packing and di&tnbution, explains k, "It IS hard for people to get involved or be concerned about their env-ironmeni if NtSTj. '^Hfijj^ummer lor the Harreal Famk one that- has ^seen im subnenbera double to number. [ with 108 people turned owiy as potenual , aistpnnm Asked it bn planned to ex- ^|mnd and put more of the lYi^ree he ^rmda on Watertown Rd. into vegetables nest eeBeei^ Gutmhper said be does pten to cultNbte and^lant more of the land and to add^^out 50 familiea to his subscribeeilat ^ But Guenthner believes kn the "econo* micf of scale." He would rather see sev* eral other small subsenption farms start up than lo make his own much bigger. By keeping the farm small in sue and Umiiing the number of subscribers he serves, Guenthner and Michaelson see s chance to make sura ifs not.^yuppy chow" they ar^ growing They want their subtenbers In bn participants, not spec* tstors. About 25 percent of the sub* scribers tmw come out to the jtarro and they have no connecting link." She feels this chance to see what goes into the growing process^the work tn pUncing and harvesting, the dependence on the weather, the sharing of the bounty—will provide them that tinkgge “There are a lot of clo«et gardeners out there,“ Michaelson beUeves, people who dream of someday having that piece of land and growing their own food. They don't realize they can have that now. if not in their own backyard, then somewhere else, if they will uke the time to get in* volved in the process. “W’e’re not that far away from our root5,“ said Michaelson, “or those days when our grandparents raised most of their own food." When 1 related that my grandpareots To Page 17 3 htlpL They would Uke to raise that per centage They want to make the farm a gathering place for Sunday picnics or work*day potlucks. They had one such gathering in June and hope to have more sooa , Michaelson would tte to see s child ren's plot plantod naSiyaaf where kids . could have a paglJIg gfoaMpg frtB crops such M goui^"|mpkina“aiid Indian com. GuentUidr envislonS*a "demon stration garden," where folks could learn how to pl^nt their own backyard plots, something ha encourages his subscrib ers to do so they dpu't get hooked on the “TU let my farmer do it aU for me" idea. About 20 different vegetables are grown at Common Harvest Fami,*ahd each week 85 bags of fresh produce are picked up at the six drop-off poinu by the subscnberfamiliet. Each family sends a cloth reusable bag with their name on it to the farm, where it is ftOed by helpers with whatever produce is svailable at that tune Recently, it was summer squash, potatoes, cucumbers, onions, green peppers, eggplant and cabbage. Meanwhile. 17 famiUes in the Lake Minnetonka area who have decided they want tc “get back to the basics’* and relate to the land and the food they eat, are expenencmg what it is to be part of a “new economic model" as Michaelson puts It—the Common Harvest Farm. m CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3098_________ A RBSOUJTION GRANTING A CONDTIONAL OSB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3A FILE #1723 WHEREAS, Patricia C. Dickey (hereinafter "the applicant") is the owner of property located at 2645 Watertown Road located within the City of Orono (hereinafter "City") and legally described as Tract A, RLS 1089 and Outlet A, Countryside Manor, Hennepin County, Minnesota, (hereinafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the temporary use of a greenhouse for a four month period each year per Municipal Zoning Code 10.28, Subdivision 3A. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1723. 2. The property is located in the RR—IB, Rural Residential Zoning District requiring 2 acres in area. The subject property consists of 64 acres. 3. On March 16, 1992 the Orono Planning Commission reviewed the application and recommended approval of the application as proposed based on the following findings: a) The structure shall be in use no more than three months out of the year. b) The temporary greenhouse structure shall be located on the 64 acre site so as not to impact the views of adjacent residential owners. c) When not in use the structure is taken down and the parts stored in a wooded or screened section of the property. Page 1 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.3098 d) The temporary accessory structure shall meet all required setbacks of the RR“1B Zoninq District and for oversized accessory structures. 4. The City Council finds that granting a conditional use permit to allow the temporary installation of a greenhouse on the property 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 it 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reoorts by staff and comments of the applicant and the effect of the 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 10.28, Subdivision 3A to permit the temporary use of a 14x100' greenhouse at a maximum height of 10' on the property located at 2645 Watertown Road subject to the following conditions: 1. The temporary greenhouse shall be installed on the property from March 15th through July 15th. When not in use, the structure shall be taken down and stored in a secluded wooded area of the property. 2. The temporary use of the property is approved based on the site plan included as page 6 of this resolution. Any intensification in use shall require submission of a new conditional use permit by applicant and owner. Page 2 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.3098 3. 4. 5. 1992. A-nrtesT: The applicant and owners Patricia C. Dickey» shall be responsible for all activities approved under the conditional use permit for the use of Common Harvest community Farm. Direct sale of the produce grown on this property has not been approved with thxs current conditional use permit. 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 owner has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of March, Clerk'Do'tothy^ Halliri, City CJ ^Property Owner(s) / Dan Guenthner, Authorized Agent of Common Harvest Community Farm Barbara A. Peterson, Mayor Page 3 of 6 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO.3098 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was 23rd day of March, 1992, by Barbara A. Peterson ‘ mnnicinr{ Mayor 6 City Clerk of the City of Orono, ® corporation and said instrument was executed on behalf ol the City. OLS^ Notary Public Page 4 of 6 GlTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3098__________ STATE OP MINNESOTA ) ) 8S. COUNTY OP HENNEPIN ) On this day of 199 Z before me a Notap' Public within and for said county, personally appeared ,0/;n P -P" ^ r^/y:^ r- / 'f known to me to brthe 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. On y y C. STATE OF MINNESOTA ) Notary Public ) SS . CAROLE A. HASCMAN HOTWWLB mwnOT* HENNEPM COUN1Y Mr OOMMOWM eXPMO day of t ■199 COUNTY OP HENNEPIN ) On this -- - ' __ _ _ ___ _ _ _ _ _ __ , T--before me a Notary Public within and for said county, personally appeared "PcCXxic^ known to me to be the person (s) described in and who executed ^he foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Nota^ Public JAMIE LBOSMA NOMVnaJ&Mi NBMffWCOUNTY MlfC0Bli.6slSi1M*^ Page 5 of 6 •XUUopjodoid qcxj s j dwu sniL ■? -30 1 'tfc (saxqujol^oA |)oxiui JO sojoi? 5 jo lunoj c)a PlotJ zi \nm I anuaj aqq ftioxB Xxqeeu panned aq XXTM quaidxnba xiV /*pauxequx6ui XX^f^ pt^ie panoui aq XXP' SB3JB XIV *d(u •Qro f JQ ttoxiTM (51/9 51/C P^sn) osncajuaDJo •oaniSBd sb pasn oq oq anniquoa XXXrt P10X3 oqq Jo lapujetuai aiix \l PPIJ puojl UW4.i03U[\ in:«oM w *cno a Ha •. mt Uj' o vD 00 1 THE PRECEDING DOCUMENT(S) HAVE BEEN REFILMED FOR LEGIBILITY NortlientrarpoUsoro:tt:zo H D O CO Uo: rk ingA) All areas will be mowed and well maintained. Untortown rond::e field #1 llie remainder of tlie field will contiiHie to be iir*cd us |>asture. Creenhaise (used 3/15 to 6/15) All equipment will ^ be parked neatly / along the fence row. Field n (a tot.Tl of 5 acres of mixed vogetal)les) Willow Dri Ihls n«p is not proportional. INSPECTI DATE liSSlx s-^9^ / — -- -r,21'11' 2i‘t/o' X)£> •6S ’ 2 72' ~~ 2 7r ~ H /07' c c> -- UM\\?.r 27' C- CONFORM! J t N 89*10 os" W 346.18 f'? do' H^ , CITYOFORONO ^ SITE PLAN__ GRADING PLAN O^ppROVPn 'J AI^RROVB) WllH P.LVlSlOMo □ DISAPPROVE RY rjP/^/_U7Vw^ datT__5_Z§Z l3i iVieieby cerilFy that this is a true and correct Cfpresentatlon of a survey of the boundaries of Lot 2, Block 1, Malison Estates, and t|»e proposed location of two proposed buildings. It does not purport to show any other Iraprovemenls or en croachments. ■COFFIN S GROMUERG, INC. ilarK b. Gronberg Hti. Lie'.'TToTl^TBB' Engineers, land Surveyors, Planners Long Lake, Minnesota Oale ; 6-8-07 Scale: 1" r loO' 0 : iron marker C?l;77 : Spot elevation Datum: Assumed 'il= ) c 0 {IfQ•t- .1 X % REQUEST FOR COUNCIL ACTION DATE: 3/11/94^2^ ITEM NO.: ^ V9. Department Approral: Name Jeanne A. Mabusth Title Building & Zoning Adnunistrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1901 Tandem Properties, 2645/3025 Watertown Road - Public Hearing - Resolution List of Exhibits A - Application B - Applicant’s Addendum C - Property Owners List D - Plat Map E - Council Action Notice 10/28/93 F - Council Minutes 11/8/93 G - Planning Commission Minutes 10/18/93 - Sketch Plan Review H - Park Commission Minutes 1/6/94 I - Final Plat Resolution Approving Countryside Manor Jl- Gustafson Report 1/7/94 J2- Gustafson Report 1/18/94 K - Weekman Report 1/13/94 L - Orono Conservation Maps - Designated Wetlands M - Drainage Summary N - Wetland Watershed Mups O - Wetland Basin - Coffin Property P - Wetland Basin - Dickey Property Ql-3 - Topo Maps of Luce Line Area R - DNR Letter 2/17/94 S - Richard LaGarde Letter 1/24/94 Tl-4 - State Rules - Sequencing, Replacement Plan, Evaluation Criteria U - Countryside Manor Homeowners Association Petition V - White Oak Circle Drainage W - Survey/Topo Map of Dougan Property White Oak X - Planning Commission Minutes 1/18/94 Y - Planning Commission Minutes 2/22/94 Z - Prelimiiury Plat of 25 Lots (15 Dickey Property, 10 Coffin Property) Proposed as the First Phase Development of a Total 46 Lot Subdivision. Request for Council Action continued page 2 of 10 March 11. 1994 Zoning File #1901 The 25 lot division is proposed as the first phase development of a total 46 lot subdivision. The second phase will be filed as soon as required septic testing has been completed for the remaining 21 lots. The Planning Commission reviewed the sketch plan of the proposed subdivision on October 18, 1993 and reviewed the preliminary plat of 25 lots at the January ami February meetings of the Planning Commission. The follow ing ordinances are pertinent for this review: Chapter 11 • All ordinances pertinent to Class HI Subdivision involving dedication of roads, drainage and utility easements and variances. Section 10.55. Subd. 8 - 26’ setback must be maintained from designated wetlands by all structures and land alterations, review Coffin subdivision. Note encroachment by retention/treatment pond of designated wetlands within Lot 1, Block 1. This encroachment was unanimously approved by the Planning Commission as this was consistent with maintenance of good water quality before draining into designated wetlands and will have no negative impact on existing wetlands. Section 10.28, Subd. 5(B) - RR-IB lot standards. Section 10.03, Subd. 27 - Special standards for back lots. Section 10.55, Subd. 3 - Definitions Definition 10 - Ordinary High Water Level OHWL Definition 14 - Wetlands or marsh lands Definition 15 - Welland vegetation types Definition 16 - Wetland soil types Section 10.55, Subd. 5 - Defines the protected area of the City and adopts the aerial overlay maps. Section 10.55, Subd. 15 - Land development and platting. City to obtain drainage easements over designated conservation areas. Section 10.55, Subd. 25(A) - Necessary findings for granting variances to this section, specifically review findings 7. Pertinent Facts for First Stage Development Dickey site 15 lots, total acreage = 38.25 acres exclusive of road right-of-way. Wetland Request for Couik O Action continued page 3 of 10 March 11. 1994 Zoning File #1901 conservation areas were not designated by the City within this property. Applicant proposes 1.% acres of retention treatment areas for surface water detention and treatment. Total dry = 36.29 acres (note this area does not include wetland Types 1 and 2 not iiKludcd in conservation maps of City nor does this area include mitigation wetland areas). Coffin site 10 lots, total acreage = 26.79 acres exclusive of road outlet. Total dry = 22.52 acres. Designated wetland and retention and retention areas = 4.27 acres. Brief Review of Subdivision The proposed road within the Dickey parcel will be platted as a through road to Old Crystal Bay Road and designated as a public road, refer to Exhibit I. At the time of the platting of Countryside Manor, Country side Drive was designated a public road and the City was to take over maintenance at the time the road was a through road. Review Exhibit U, land owners within the Countryside Manor plat have petitioned to keep cul-de-sac road. Planning Commission concurred with residents and recommends that extension road from Old Crystal Bay Road be cul-de-sac but platted as a through road. At the time the City wishes to connect the roads, the City would install connection link and take over maintenance. As approved by Planning Commission, the road will continue to be maintained by private property owners. The road outlot on the Coffin property is a private cul-de-sac road and approximately 1,250 lineal ft. in length. Extension outlots have not been proposed to the west or north. Planning Commission approved the layout of roads on the Coffin property and accepted the hardships noted by applicant in the addendum to application. Exhibit B. Review Exhibit F, at the November 8, 1993 meeting of the Council. Council advised that Types 1, 2, 7 and 8 wetlands not designed on the City’s conservation area maps must be dealt with by other governing agencies before City would take official action on an application. The City would not amend its ordinances nor conservation area maps as a result of the new classification of wetlands. If an application involves the filling of these undesignated areas, the mitigation issues would be dealt with by other appropriate agencies. Per Council ’s directive the undesignated wetland areas would not be shown as drainage easements and these areas would be credited against dry buildable. 75 ’ setback would not be required for septic drainfields from a Type 1 wetland. The only areas to be designated with drainage easements would be the designated wetlands as shown on Exhibit O and the retention areas required for surface water ccntrol and treatment as shown on the preliminary plans (Exhibit Z). The Park Commission has reviewed this application at several meetings. The 3 acre park outlot shown on the Dickey property and referred to as the "Ancient Ones Park", is the only park area requested by Commission. Park members asked the developer to designate interior park trails but to keep them for private use. The Park Commission, Planning Commission and City Request for Council Action continued page 4 of 10 March 11, 1V94 Zoning File ii^l901 Engineer have asked that the City’s Comprehensive Development Plan for bike trails along Old Crystal Bay Road be implemented by subdivider installing bike trail along east side of Old Crystal Bay Road. Subdivision Reviewed in More Detail Lot configuration - All lots meet the required 2 acres of dry contiguous lands exclusive of designated wetlands and the retention treatment ponds. All lots except for Lot 3 now meet the required lot width at the front/street setback measuring 200’. The following lots are classified as through lots and conditional use permits would be required for any accessory strucmre installed at some future date: Lots 1 and 2. Block 2 and Lots 1, 2, 3 and 4. Block 1. all within the Dickey parcel. Two lots within the Coffin property achieve access via a 30’ wide private driveway outlot. Lots 6 and 7. Planning Commission members reviewed the recent code amendment dealing with back lots, specially Section 11.31, Subd. 5(C-1) entitled "Applicability". Planning Commission members felt that the developer had supported the need for the back lot. Section B of code, specifically states that back lot configuration should not be used when dividing a large parcel into numerous lots and may not be used as a tool for the convenience of the developer. Please review Exhibit B, applicant notes that either a loop road or extension of road to west would impact highly sensitive area resulting in the loss of trees on adjacent designated wetland. The extension of roadways would also impact smaller lots in the Cygnet Place neighborhood. Planning Commission agreed with the findings and found the use of back lot configuration to be applicable in this case. Note surveyor has designated the required lot standards at 1505J of the required zoning standards. Side yards adjacent to driveway outlot must be 50’. Surveyor must adjust side yard adjacent to the outlot in Lot 15 to 50’ rather than 30’ as shown. Drainage/Grading/Wetlands Per Council ’s directive, the applicant has filed the preliminary plans for permit approval at both the Minnehaha Creek Watershed, the local governmental unit responsible for implementing the National Wetlands Act, and on the federal level, the Corps of Engineers. The Coips Has advised that the permit review would involve a national-wide permit with approximate ‘ , leview. He noted that if the surveyor/engineer would agree to certain changes in the proposed mitigation plan that a more abbreviated review would be possible. The representative of the Corps said in this case a simple letter would be sent out within a week. He assured staff that since we are dealing with less than 3 acres of disturbed area, the mitigation plan would not require an individual permit review that could take as much a 120 day time period. Uirfer a 30 day nation wide j)ermit review, plans and additional submittals are sent to five reviewing agencies - PCA, U.S. Wildlife Service, DNR, State Historical Society and EPC in Chicago. Request for Council Action continued page 5 of 10 Mar*h 11, 1994 Zoning File #1901 Ellen Sones of the Minnehaha Creek Watershed has advised that the current mitigation plan presented in your preliminary plans. Exhibit Z. have been conceptually approved by the staff of the Watershed District. She has called for the publication of the permit in the Environmental Quality Board Bulletin. After the 30 day period, which she advises would end some lime at the end of April, the application can then be brought to the Minixhaha Creek Watershed Board for their regular monthly meeting in May to review both the final mitigation plan and stormwater treatment/control plan. The earliest possible permit approval from the Watershed District will probably be in the latter part ot May of this year. Staft has asked Ellen Sones to send a letter to the developer advising them of the current review schedule. Representatives of the DNR Trails asked the City not to act on the preliminary plans at the January meeting of the Planning Commission pending resolve of certain downstream drainage concerns, adequacy of culverts under Luce Line and the impact of increased runoff from development on ponding areas adjacent to Luce Line. The DNR met with the applicant and staff and have approved the drainage plans as amended and have agreed to allow culvert replacement and alteration of the trail to make the stormwater controls work (review Exhibit R). Review Exhibits Ql-3, topographic maps of the Luce Line area, southeast culvert (18" at the Coffin property) will be replaced. The DNR has agreed to allow the trail to be lowered approximately 1’ allowing for an emergency overflow to assure residence on north side of Luce Line will not be flooded. The DNR has asked that direct drainage to ditch along north side of Luce Line on Coffin property be minimized as much as possible because of the inability to widen and deepen ditches because of the steep elevations adjacent to trail. The DNR has been convinced that we are dealing with a very small watershed. Drainage currently exits the property at 18 CFS and will be reduced to 5 CFS. Throe retention ponds have been developed on the Coffin property. The culvert at the north side of the Luce Line will be reduced to 12" and exit on the south side at 18". This again is another attempt to reduce flow. The City Engineer and applicant’s engineer have worked closely on the downstream drainage concerns of neighbors and Planning Commission, specifically drainage as it leaves the Coffin property running along the west side of the road until it exits via culvert to the east to the White Oak Circle neighborhood (review Exhibits V and W). Shawn Gustafson reaffirms that the new drainage controls on the Coffin site will not magnify drainage problems on Dougan property. It may in fact slightly improve. Mr. Gustafson will be available for Council ’s questions at your March 14th meeting. The DNR seems to be less concerned with the detention pond in the southwest comer of the Dickey property. Runoff currently exits property at about 117 CFS and after development will exit at W CFS. Drainage will flow along via an existing drainage path to the southwest and eventually to the 36" 75’ long culvert beneath Luce Line, No changes are proposed in this drainage. Request for CouiK:il Action continued page 6 of 10 March 11, 1994 Zoning FUe #1901 The DNR is concerned with the drainage coming from the northeast along Willow Drive and to an existing pond area adjacent to Luce Line. Drainage from the northeast will not drain to the pond but will drain through a culvert at extreme east. Developer shall increase storage capacity of detention ponds at the northeast coircr of the Dickey property to minimize any impact on existing developed properties in Countryside neighborhood. Review Exhibit R, the DNR asks that a new culvert be installed under the horse trail in the area by the pond at the east end of the property. Review Exhibit N. the property is located within three major watersheds - Lake Classen, Maxwell Bay and French Creek. The majority of drainage from the propeny flows to French Creek. The majority of site drainage is routed through established drainage ways onto adjacent property. All land alteration will necessiute the installation of erosion control aral shall remain installed and in place until ground cover is restored. The City code requires a 26’ setback for all land alterations from a designated wetlands. There is an encroachment of the 26’ setback zone from the designated wetland within Lot 1, Block 1 at the southeast comer of the Coffin property where grading alterations are proposed at the edge of the wetland. Engineer notes that this would be a logical location for the pond which will function to protect the wetlaiKl from sediment deposition and would appear to satisfy some of the necessary findings for granting variances to encroachment of a wetland as follows: 1. 2. Proposal appears to be consistent with the objectives encouraging land uses compatible with the preservation of natural land forms, vegetation and the marshes and wetlands. The proposal does include development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water which would create downstream flooding or pollution. The issue for staff has been to provide adequate notice to a land owner who purchases a lot with undesignated wetland types as they will not be shown as drainage easements on the plat surveys. We have recommended that a special covenant be created for the filing against the chain ot title of each of these properties that will include mapping metes and bounds descriptions of the location of the various type wetlands with a disclaimer that before any land alterations or structures are proposed within these protected areas that the property owner first obtain necessary approvals from the Corps and the MCWD. Request for Council Action continued page 7 of 10 March 11, 1994 Zoning File #1901 Parks/Trails/Park Dedication Please review Exhibit H, S and Y, there is still no conclusive evidence or support of documentation that would identify the designated park area as having historical significance. Applicant has advised that through contacts with Mn/DOT that a consultant is working closely with the Indian Council to determine if the site has some significance that would require preservation but the process will take until at least May of 1994. The Planning Commission has taken the position that whether there is historical significance or not that they recommend that the park outlot be designated and that interior trails linking park outlot with DNR park and eventually to Luce Line be designated as public rather than private. Review the minutes of the January meeting of the Planning Commission, Exhibit X, the homeowners association of Countryside Manor also requested that the park outlot be designated no matter what the resolve of the historical significance may be. During the Park Commission’s conceptual review, additional park lands were not sought and they encouraged the installation of a private interior trail. The interior trail area devoted to pedestrian or vehicular access would have to be excluded from dry building areas of each lot. It is staffs understanding that the developer will pose a question to the Council concerning credit for the cost of installing a bike trail against fumre park dedication fee. As of this writing, staff has received no written request of applicant. Septic Weekman notes all 25 lots have been found to have suitable area for primary and alternative drainfield sites suitable for 5 bedroom homes. Lots 2 and 7. Block 2 have been granted a variance for an 8% slope for the alternative sites. A condition of subdivision approval must include request that an old well pit for Lot 2, Block 2 be sealed off. In response to the Park Commission and Engineer’s request for the installation of the bike trail along Old Crystal Bay Road, Weekman said primary drainfield sites for Lots 2 and Block 1, be moved 5’ east in order to allow adequate separation from trail. Roads Countryside Drive shall be extended to Old Crystal Bay Road and dedicated as a public road. Applicant shall create a cul-de-sac road going west from Old Crystal Bay Road. Applicant to provide temporary road and utility easements over temporary cul-de-sac not included in 50’ road outlot. Countryside Drive West shall be maintained by private property owners. This action of the Planning Commission would be consistent with the request of the existing land owners Request for Council Action continued page 8 of 10 March II, 1994 Zoning File #1901 to the east on Countryside Drive who also wish road to remain as is with cul-dc-sac. Planning Commission conceptually approved the comprehensive road alignment of the 46 lot plat advising applicant that if cul-de-sac roads are proposed they would remain privately maintained to be consistent with the City’s policy. As for the Coffin property, two cul-de-sac roads are shown at approximately 1,300’ in length serving 9 lots each. The Engineer appears to concur that the location of the numerous wetlands on the property pose a problem locating a logical connection for the looping of the streets. These roadways would not meet the standards for a public road. Review applicant ’s addendum Exhibit B, he notes the following reasons why a loop road would have a major impact on this property: 1. Narrow corridor between west property line and location of designated wetland. 2. 3. 4. 5. Roads would be located to the rear of Cygnet Place lots that are already limited in depth. Location of existing drainage way that drains to the west to Cygnet property. Location of major areas of trees providing screening for existing development to west and natural amenities for future development of propeity. Road would also negate several test areas where property is severally limited by steep slopes and gentle sloped areas for installation of mounds. Planning Commission Recommendation Plarming Commission recommended unanimous approval of the proposed 25 lot, first phase subdivision application for Tandem properties involving the properties located at 2645/3025 Watertown road finding all standards of the RR-IB Zoning District and on-site septic codes have been met. Per Section 11.31, Subd. 5(C) of the subdivision regulations, the City has found that the proposed back lots, 6 and 7, have been approved finding their creation not to be a convenience to the developer but based on findings supporting environmental and aesthetic concerns for the development. Planning Commission also recommends the variance to the 26 ’ setback for proposed retention pond and additional grading for drainage improvements adjacent to designated wetland within Lot 1, Block 1. Coffin property. The approval of the preliminary subdivision is subject to the following conditions; 1. Dedication of plat road as public road within first phase of Dickey subdivision and a temporary cul-de-sac to be constructed for Countryside Drive from the west. Countryside Drive shall be shown as a through street on plat. Developer Request for Council Action continued page 9 of 10 March 11. 1994 Zoning File #1901 shall grant easements over temporary cul-de-sac areas not located within 50’ road right-of-way. Countryside Drive shall continue to be maintained by benefitting private property owners until road is approved for public maintenance and constructed as a through way. Both cul-de-sac roads on Coffin property shall be private. City shall obtain underlying road and utility easements. Developer shall develop private covenants for the maintenance of private roads as well as the public road to be maintained by private property owners. 2. Dedication of drainage and utility easements 5 ’ along all interior lot lines and a 10’ along the perimeter boundaries and adjacent road right-of-ways. 3. Prior to anv site improvements, erosion control as shown on preliminary grading and drainage plans must be installed and maintained until natural ground cover is restored. 4. Prior to site grading improvements, all tested septic sites on the Coffin property must be fenced all and the following lots in the first phase development of the Dickey property must be fenced oft: Lots 1, 2, 3, 4, 5 and 6, Block 1 and Lots 3, 4, 5, 6 and 7, Block 2. 5. Drainfields to be moved 5* to east within Lots 1 and 3, Block I to allow for adequate separation from bike trail. 6. Applicant to grant trail easement over Old Crystal Bay Road bike trail along western boundary of Dickey parcel. 7. Well pit must be sealed within Lot 2, Block 2 of the Dickey property. 8. All wetlands designated on City conservation maps shall be shown as drainage easements on the plat. There are no designated wetlands within the Dickey property. Lots 1, 2, 7, 8 and 9 of the first phase division of the Coffin property have protected wetlands. 9. Park outlot remain as park whether there is historical significance or not within the property and that internal trails linking park outlot to DNR parks and eventually to Luce Line be dedicated as public. Applicant’s surveyor must exclude interior trail areas from lot areas of each lot. 10. Drainage easement shall be acquired over all retention ponding areas. Such easements to be recorded in the chain of title. Developer shall create covenants Request for Council Action continued page 10 of 10 March 11. 1994 Zoning File #1901 13. to define future homeowners association’s responsibility for upkeep and maintenance of drainage facilities. 11. The preliminary plat shall be submitted to the City Assessor’s office to determine value of undeveloped land at the time of the preliminary plat. The park dedication fee shall be adjusted to account for 3 acre park outlot and interior bike trails if these trails are to be dedicated as public. 12. The Planning Commission approves the most revised grading and drainage plans submitted by Mark Gronberg of Coffm and Gronberg, Inc. dated December 1, 1993, most revised date March 3, 1994. The following lots have been fxinJ to contain protected wetlands not designated on the City’s conservation area maps: Dickey parcel - Lxit 2, Block 1, Lots 3, 4. 5 and 6, Block 2; Coffin property - Lots 1, 5, 6 and 10, Block The following lots shall have involvement with proposed mitigation areas: Dickey parcel - Lots I, 3, 5 and 6, Block 2, Lots 1 through 6. Block 1; Coffm parcel - Lots 1. 2, 3, 5. 6, 7, 8 and 9, Block 1. Developer shall create covenants to be filed on the chain of title of each of these properties advising future owners of the limitations on the use of these specified areas and the need to first apply to the Corps of Engineers and the Watershed District if any improvements are proposed at some fuuire date before obtaining necessary permits from the City. 14. The Planning Com* ^sion has based this approval on applicant’s engineer and the City Engineer’s reports and findings confirming that drainage from this residential development will not intensify drainage/flooding of downstream areas. COUNCIL ACTION REQUESTED; Approve per Planning Commission’s recommendation and to adopt approval resolution; or Approve as amended - resolution to be amended by staff. A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS IH SUBDIVISION FOR PROPERTIES LOCATED AT 2645 AND 3025 WATERTOWN ROAD - FILE NO. 1901 WHEREAS, Tandem Properties and Peter Andrea Company (hereinafter "the subdividers"),on December 23, 1993 filed a formal subdivision application with the City for approval of a twenty-five lot residential plat of property legally desci^bed Outlot A, Countryside Manor 2nd Addition, and Tract A, R.L.S. No. 1089, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. scq. and the City of Orono ’s Zoning and Subdivision Codes, the Orono Planning Commission held public hearings on January 18, 1994 and February 22, 1994, at which time all persons desiring to be heard concerning this application were given the oppominity to speak thereon; and WHEREAS, at their regular meeting held on March 14, 1994, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact: 1. 2. 3. The properties are 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. The property contains a total of approximately 65.04 acres, with approximately 10 acres of designated wetland and retention/trea^ment areas. The proposed plat consists of twenty-five residential lots, each meeting the minimum requirement of two acres of dry buildable area. All lots meet the standards of the RR-IB Zoning District. Page 1 of 9 5. 6. 7. 8. All twenty-five lots have been found to have adequate and suitable soils for on site septic treatment facilities. A private road shall serve all ten lots within the first phase division of the Coffin property. The curb cut for the private road has been approved by the City Engineer finding there is adequate siting distance for egress and ingress at 40 m.p.h. road. Countryside Dri\e shall be platted as a through road and dedicated to the public. There shall be a temporaiy cul-de-sac installed to the east side of Countryside Drive West. The road, as it remains a cul-de-sac road, shall be maintained by private property owners. No additional curb cuts will be allowed from these propenies. The City has detennined that an extension outlot for the private road in the first phase division of the Coffin propeity was not necessary. The City has approved the platting of backlots within the ten lot division of the Coffin property based on the following findings; a. b. Applicant is able to meet 150% of the area and setback standards required for backlots. The alternative of providing access to an extended road corridor or loop road would have the following negative impacts: • Loss of mature trees providing screening for existing development to west and maintaining natural amenities for future residential development of surrounding area. • Road extension or a loop road configuration would negate several septic test areas where property is severely limited by steep slopes and gentle sloped areas for the installation of mounds. • Potential impact on existing drainageway that drains to the west to Cygnet Place. Page 2 of 9 • Extended roadway or loop road would iinpjK:t existing residence on Cygnet Place with additional noise and headlights from private road use. The City grants a variance to the 26’ setback for certain grading and drainage improvements adjacent to a protected wetland w ithin Lx>t 1. Block 1 of the Coffin property division based on the following findings: a. b. The proposed improvement would be consistent with the objectives of encouraging land uses compatible with the preservation of namral landforms, vegetation and the marshes and wetlands. The proposal does involve development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water which would create downstream flooding or pollution. 10.The City has based preliminary approval of this plat on applicant’s engineer and the City engineer’s reports and findings confirming that drainage from this residential development will not intensify drainage/flooding of downstream areas. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Tandem Properties and the Peter Andrea Company per plat drawings by Mark S. Gronberg, a licensed surveyor of Coffin & Gronberg, Inc. dated December 1. 1993, most revised date March 3, 1994. subject to the following conditions: 1.Country side Drive shall be platted as a through road connecting to Old Crystal Bay Road. The roadway shall be dedicated on the plat. The developer shall grant easements over temporary cul-de-sac areas not located within 50 ’ road right-of- way. Countryside Drive shall continue to be maintained by benefitting private property owners until road is approved for public maintenance and constructed as a through road. Cul-de-sac road within first phase of Coffin property subdivision shall be shown as an oullot and recognized as a private road. The City is to obtain underlying road and utility easements over outlot. The developer shall develop private covenants for the maintenance of private road and public road to be maintained by private proj)erty owners. Paee 3 of 9 2. 3. 4. 6 7 Dedication of drainage and utility easements 5’ along all interior lor lines arai 10’ along the perimeter boundaries and adjacent to road rights-of-way. Prior to any site improvements, erosion control as shown on preliminary grading and drainage plans must be installed and maintained until naniral groundcover is restored. Prior to site grading improvements all tested septic sites on the Coffin property must be fenced off and the following lots in the first phase development of the Dickey property must be fenced off: Lx)ts 1-6, Block 1 Lots 3-7, Block 2 Drainfields on Lots 1 and 3, Block I to be moved 5’ to east to allow for adequate separation from tumre bike trail. Applicant to grant trail easement over Old Crystal Bay Road bike trail along western boundary of Dickey property. Applicant shall be responsible for constructing Old Crystal Bay Road bike trail as set forth in trail improvement plans of City of Orono. Well pit must be sealed within Lot 2, Block 2 of the Dickey property The following lots have been found to contain protected wetlands not designated on the City’s conservation area maps; Dickey parcel - Lot 2, Block 1; Lots 3, 4, 5 and 6, Block 2 Coffin property - Lots 1, 5, 6 and 10 The following lots will be involved with wetlands created as compensation or mitigation areas: Dickey parcel - Lots 1-6, Block 1; Lots 1, 3, 5, 6, Block 2 Coffin property - Lots 1, 2, 3, 5, 6, 7, 8 and 9, Block 1. Page 4 of 9 1 9. 12 The developer shall create covenants to be filed on Chuin of Titles of these properties advising future owners of the limitations on the use of these areas and the need to first apply to the Corps of Engineers and the Watershed District if any improvements are proposed at some fumre date before obtaining the necessary permits from the City. Applicant shall provide mapping and metes and bounds description in order to complete covenants. All wetlands designated on City conservation map shall be shown as drainage easements on the plat. There are no designated wetlands within the Dickey property. Lots 1. 2, 7. 8 and 9 of the first phase division of the Coffin property have protected wetlands. Three acre park outlot to remain as park whether there is historical significance or not within the property and that internal trails linking park outlot to DNR parks and Luce Line be dedicated as public. Areas of public interior trails to be excluded from lot areas of each involved lot. A drainage easement shall be required over all retention ponding areas. Such easements to be recorded in the Chain of Title. Developer shall create covenants defining future homeowners association responsibility for upkeep and maintenance of all drainage facilities. The preliminary plat shall be submitted to the City Assessor’s office to determine value of undeveloped land at the time of the preliminary plat. The park dedication fee shall be adjusted to account for a three-acre park outlot and interior public bike trails. Applicant to execute Developer’s Agreement to ensure all grading/drainage improvements aiid road improvements are installed to City ’s satisfaction. No land alterations can take place until erosion control is established and, septic sites fenced and the City is in receipt of final grading and road plans. No improvements can begin until City Engineer has approved all alteration/improvement plans. A Letter of Credit must accompany a fully executed Developer’s Agreement written to 150% of the cost of the proposed road and site improvements. No building permits will be issued until all drainage facilities have been installed and approved and satisfactory road base completed. Page 5 of 9 15.Per DNR report of 2/17/94, the DNR must approve all plans arid specifications prior to any construction taking place. The following improvements will l>e required by the DNR: a. Cleaning/upgrading of existing ditch that runs along the Luce Line adjacent to Coffin property. b. Replacing existing 18" culvert which is in disrepair. Applicant proposes 12" culvert at iwrth end and 18" at southern end. c. Placing a new culvert under the horse trail in the area by tte pond south of the Dickey property. d. Install a second higher culvert through Luce Line adjacent to Coffin property *o act as an overflow and to also allow minimal lowering of the elevation of the Luce Line at this location providing applicants’ plans meet the requirement that slope is no greater than 1%. The following list of final submittals must be submitted to the Zomng Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1.Record plat drawings in the form of three (3) mylar copies (with one copy for the City’s records and two for filing with Hennepin County) and one (1) copy reduced to 1" = 200’. Drawing to include: A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin and Gronberg, Inc. dated 12-1-93, most revised date 3-3-94. B. Dedication of "drainage and utility easements" as noted in Iteni 2 above. C. Designation and dedication of drainage easements over detention areas within both the Dickey and Coffin parcels. D. Designation of private road as outlet and Countryside Drive as public road. Page 6 of 9 2. E. Dedication and designation of drainage easements over all protected wetlands within first phase plat. F. Naming of plat. 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. The applicant must provide certified copies of all recorded easements currently affecting the property. Signed and executed Drainage Easements to be taken over detention areas within plat (sec sample enclosed). Signed and executed Developer’s Agreement and Letter ot Credit for site improvements and construction of private and public roads, (sec enclosed sample of Developer’s Agreement and Letter of Credit) Signed and executed Road and Utility Easements over private road outlot within Coffin property. Applicant to also create temporary road and utility easement over cul-de-sac areas within Countryside Drive not included within 50’ private road. Signed and executed Declaration of Private Covenants covering upkeep and maintenance of private roads, public cul-de-sac road and drainage facilities. Completed application for private road name on Coffin property (see sample of private road covenant enclosed). Please note the selection of the road name is a separate action of the Council and should be submitted as soon as applicant has completed the selection of three name choices (see sample enclosed). B C. D. E. F Page 7 of 9 H. Completed private covenant for lots involved with protected wetlands not included within conservation maps of City and mitigation areas. The covwiiants should include map and metes and bounds descriptions. Covenants should be in a form suitable for filing. 3. Fees to be paid; Total due; S375.00***^ A. Final plat fee = $175.00 B. Legal review and filing fees for subdivision and associated documents = $200.00 Applicant must complete payment for private and public road fees. Applicant is to contact Zoning Administrator for payment of first phase development concerning road improvements. Park dedication fee shall be determined as soon as City Assessor has placed a fair market value on the undeveloped land at the time of preliminary plat approval. The subdivider shall be advised as soon as Assessor ’s report has been filed with City. Park dedication fees shall be based on 8% of the fair market value of said land. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of March, 1994. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Page 8 of 9 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March. 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 9 of 9 CITY'of ORONO - SUBDIVISION APPLICATION 44- “1ft \ N PROPERTY LOCATION " (^r/CU’t'V • > ■<K r-N -91c-/b site Address 2^^/J O^/ , // 7-2i y Property Identification Number (P.I.D.) ~ ,i7 - ~/L ~ r ft Please check one - Property abstract or torrens? Attach legal description to application. APPLICANT Phone (home) Name r/<^J*Phone (work) ^7/ ~^S^S Address; CASCa Xt jeaj^ City; U^ArZAU Zip; ^^,4.It ONNER (if different than applicant)Phone (home) Name Phone (work) Address; _ _ _ _ __ _ _ _ _ (attach list if more than one) City;Zip: EXISTING LAND USE Number of Tax Parcels Development Size m— 7,7 ^ Acres Dry Land Acres Wet Land Acres Total, all .■'7TV «‘r r.*.nwi I I L.M LrytMurc nrc.rcr jkt^nnx^^ c*f I AWim i 7r, i X k/k/Vi£»VVVW parcel^QtH /ViteV/ I vv Ti I k A.^ il.U I tii^a VV Present Use (check)X Residential; no. Other (specify)_ /:t fTT DT_ru<*uv vrui— •. It inm\ »v/wof uni^oj^-^; jij • 4 • JL ,f ?/*?7/C A.W*/ / Present Zoning District PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) X Subdivision for New Building Sites Number of Building Sites: V''/ ‘/r Existing Units New Units Total Units Proposed Gross Density; Minimum Lot Size: Proposed Use; (check) H.Cnits per/£^^Acres tZ 0 Sq Feet Dry Buildable Land X _ _ _ Residential _ _ _^_Other (specify) u MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1, Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List or owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 2. 3. 4. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ _ 1. Payment of fees (park fees, filing fee, sewer and water assessments). 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. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ __ FEES _ _ Sketch Plan Review (Class I, II & III) _ _ Subdivision of a Lot Line Rearrangement ________ Preliminary Review (Class I & II Subdivision) X Preliminary Review (Class III & all non-residential) _ _ Final Plat Review (Class III) *(Plu-> any legal or engineering charges) _ _ Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application $200.00 300.00 300.00 325.00 + 25.00/Lot 175.00 150.00 100.00 The applicant hereby agrees to provide all information reguired or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay alil additional .^«es established by ordinance. applicant's Signature Date DateOwner's Signature _ _ _ _ _ _ _ _ _ _ ___ _ _ ___ _ _ _ _ _ _ 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. TANDEM PROPERTIES_______ BROKERS • PLASSERS • DEVELOPERS % Junes L. Ostcnson Richard A. Putnam To: City of Orono Mayor and City Council Planning Commission Members From:Tandem ProperUcs and Peter ^ Dick Putnam, Jim Ostenson and Jim Deanovic Date:January 13, 1994 Subiect: #1877 Coffin/Dickey ProperUes Proposed Subdivision ProtrUes and Peter Andrea Co. (Tandem) has entered into a Durchase agreement with Mr. and Mrs. Coffin for their 62 +- acre parcel ^d nS Mrs. Dickey for their 68.- acre Parcel Jandem beg^ site planning in Sept/Oct of 1993 in order to submit a sketch plan for city review in Oct/Nov 1993. Tandem has prepared plans based upon numerous meetings rvith the city staff adjacent owners, government agencies and techmcal e.Nperts. The Citv Parks & Planning Commissions reviewed the preliminary sketch pl^s and visited the sites in order to give us suggesUons on preparation ^ fmal plans. The City CouncU also reviewed die sketch P'*;^ classificaUon issues as they affect the city's ordinances. The Couned provided us with direction for final plan submission. Tandem has discussed the tradiUonal NaUve American historic site wth many governmental agencies, city staff and commissions and Mrs. Pat Dickey. The. final determination of the histone site s status is not completed at this time. We will review its status later in this memo. ™?pr*.iect proposes 2 acre or larger single fa^y lots, a city park and trails plus public streets. It is our belief that these plans arc consistent with Orono ’s Comprehensive Plan. • . Tandem is aware of the proposed Highway 12 VVe designation of a portion of the Dickey parcel as a Ki-imr have discussed this with the City of Orono staff and omcu s, . reoresentatives and representatives of the community. It is our that a selection of this site as a future Highway 12 aUgnment is unlike y. OurVroposal incorporates park isues recommended by the Orono Park ComnuMion^^^ preservation of the traditional Native American sacred site west of the Dickey home south of Watertown Road. The pl|m proposes a 3 acre public park site. The Park should be a public park if it is established by authorities that the site is a sacred site. 2) Tandem proposes the city and/or private groups should have the opportunity to evaluate the buildings on the park site and the city should decide if they are suitable for preservation. 3) Tandem will dedicate an easement along Uie east side of Old ^ Crystal Bay Road sufficient to construct a bike/hike trail to the city s standards. The trail will use existing road right of way and addifion- al easements to work with the exisUng trees and future septic sites for lots 1.2,3 Block 1 of the Dickey parcel. Tandem will dedicate and construct the trail with acreage credit and trail construction costs credited against the city park fees due on the Coffin/Dickey sites. 4) The trail connections from outlot A (proposed park) on the Dickey site to the two streets witliin tlie drainage utility easments between lots 13 & 14, block 2 and lots 2 & 3 block 1. Also the easements between lots 5 & 6 and die rear lot line of lot G block 1 connecting to the DNR woods shall be homeovMiers association responsibiUty and not credited to the public park requirement. The private trail easement on the Coffin site between lots 13 & 14, thru lot 8 adjacent to wetland and between lots 3 & 4 will be the responsibility of the homeowners association. sv.•fj .’ '1 X <T'^'}’ ;t4 -i'f “ *^ in 1 7'--\ •■ I. C' >VJ----\ni w •*—1 X..: momSED SU80IVISI0N FOR TANDEM PROPERTIES Of OUTLOT A. COUNTRVSIOC MANOR 2ND AOCNTIOii A TRACT A. R L. &. NO. lOAO HCNNCFIN COUNTY. MINMiSOTA He^jL >*. «. . . .... c. r? --------- ammt. DICKEY PARCEL P%|N»M i«<4 «n«»i # • rntmfm # •• ••m* (oiiiN&uiAmw. l\t MOrOSCO SUKNVItlOM POM >A Alt INAlf H9MII TANDEM PROPERTIES tftf ^ •« OP OUTLOT A. COUNTRYtOE MANOR 2ND ADDITION.««••• NM A TRACT A. R.LS.NO. 10A9 HENNEPIN COUNTY MINNESOTA I c Ml I \I\i/ // /I!I I tlujLCY^ PJ2C+-^ZTYJ 4-------------------------1-- _____\\\arriTM «»••• •• • nV ■'fW'"T-ifer '- MOMsto tuMMvisiOM worn TANDEM PROPERTIES IN AuoiToirs soMNvmoN Ma tso HENNfFtN COUNTY. MINNttOTA OU*lOT t $ — % •7 \ •\ \% • V ■■ “1 |r— “—n f \J 1 r 1 *i rpTVKTE . -VNj^V \ 'i.; 'V ' ■: . . ■. j :a-i - ______L__l___\ *:------------i_ :i r-__I COFFIN PARCEL I 7^ »• • «• ^ ii»<l . • COIfIN &GR0\BL R(, I\( \ pmon>no suMMviswN ron TANDEM PROPERTIES IN AUUTOirt SUSOIVISION NO. 230 HCNNCPM COUNTY. MINNCSOTA ■« Ailrm IIAM ///ffj • ■Hat PJ 4fO <4«l I Aai 0 Status of Native American Sacred Sites Lagaard and Richard DuBois have identified the site as a gamering place of me seven nations and a sacred ceremonial site wim grea historical significance. The site is not documented in any know historical studies nor has been identified by the Minnesota Indian Affairs Council or ^he St Historical Society. Therefor, MNDOT as part of me HighNva>’ 12 EIS has retained a consultant to research me history of the site, imd to speak to mose wim first hand knowledge of me site to determine me sites aumenUcity. The MNDOT consultant will work with the Indian Affairs Council to reach a conclusion by April or May, 1994. Tandem has reviewed numerous letters and talked v\ith Mr. and Mrs. Dickey about me site. VVe believe me site, shown as park, is of Native American historic and sacred value and should be preserve . Site Plan Elements Wetlands/Natural Features/Streets F.J. Svoboda and Associates, a weUand/environmenial consultant, imalyzed me sites and prepared a study (Wetland Classification. Identification and Delineation Oct 29. 1993). The study identified many class 1 and 2 wedands which are "highiy disturbed basins which are farmed under typical conditions." The challenge for us is to come up with a residenual development mat would respect me woods and wetlands, provide public improvements in a logical manner and create a desirable, marketable and attractive neighborhood. The wetlands have been preserved where possible and if not, replaced wim a better quality weUand, one miUgaUons area on each site. The Coffin site has 55 acre of weUand lose 1.1 acre of wetland replacement adjacent to me Luce Line. The Dickey site has 1.0 acres of lose and^a 2 acre wetland created in the soumwest corner of me property on lots 3-7 block 1. VVe believe me replacement of small class 1 and 2 wetlands with die 2 mitigation areas is a permanent improvement to me area. 1 The Coffin site has a mixed maple/bassw-ood w^s location 3 wetlands. The site plan provides a compromise ben%een .^et locauon. which respects the woods and weUands, ^d the neighbor o ^ ® west and north of the site. The two cul-de-sacs and present d ^, which connects to Watertown Road are located to minimize their impact adjacent homes and not encroach into the weUands. Looping the cul-de-sacs west of the pond would add an additional 1/5 rmle of su-eet. reduce the privacy for the homes on Cygnet Street within 100 feet of their lots, delete proposed lot / and encircle me wetland with a public street. Another alternative would be to connect the cul-de-sacs between the wetlands through the woods. This seems inconsistent with the site’s natural features. The cul-de-sacs were located to provide two flag lots accessed from o^f^ot A to lot 6 and ouUot B for lot 7. By using the outlets for driveways me lots around me cul-de-sacs provide better home and septic locations on lots 5. 14 and 15, reduce hard cover near the wetlands and create two desirab e lots wim me privacy desired in mese neighborhoods. The concern for fire/public safely issues wim longer driveways may be addressed wiUi a minimum driveway widm and turn-around space by the homes. Lots 6 and 7 bom exceed 3 acres and are be lutiful soumerly walkout view lots mat wiU complement me adjacent homes of Routson and C Swan Lake Additions. The Dickey site has an entirely different character than Coffin's open pasture and cropland wim small, poorly drained class 1 and 2 wetlands scattered on me site. The site design connects Countryside Drive with me proposed public street from Old Crystal Bay Road. Discussions widi Uie Countryside Manor residents indicate meir desire to remin tlieir cul-de-sac ramer man connect me streets at mis time. Tandem will build a temporary cul-de-sac yet plat a public street to connect to Countryside Drive. This solution should meet me city's desire for a future through street and me neighbors' desire to retain their privacy. The proposed cul-de-sac which connects to Willow Drive docs not connect to Manor Circle due to neighbors ’ concerns and traffic related reasons. Eleven lots are served off mis street with the existing Dickey home driveway to Watertown Road. New septic sites are required for the existing Dickey house restricting access to me new cul-de-sac. The site plan proposes a significant new wetland area in the southwest comer of the site. The plan provides about 2 acres of new wetlands, open ponds, plus class 1 and 2 fringe areas. The wedands will scrv e a dual purpose: storm water retendon, improving the historical drainage pattern, and creation of wedands from pasture land. We believe the proposed improvement will benefit the community, the new lots and the environment. Homeowners Association and Other Items The two sites will have separate homeowner associations for limited maintenance, architectural review and other legal responsibilities. The private covenants for each site will provide the standards for each neighborhood. At our neighborhood meeting 1/11/94 we discovered that the Dickey property, except the existing home, was part of the Countryside Manor Covenants and Restrictions. We will be working with Countryside Manor's representatives to work out the best way to handle this question. As part of the development we will prepare a plan for landscaping, berming and entrance signage along Old Crystal Bay Road, Watertown Road and Willow Drive. We believe that this is best accomplished during construction so the trail along Old Crystal Bay Road is worked into landscaping, septic sites and berming. Likewise, Watertown Road and Willow have some trees and wetlands to work with. The entrance teatment at each street will identify the neighborhood and set a quality image. Conclusion Tandem Properties and Peter Andrea Company are pleased to submit our plans for the Coffin and Dickey properties. We hope that we will be as good stewards of the land as the Coffin and Dickey families have been these many years. The sites will certainly change from picturesque rural farm land to high quality single family neighborhoods, a change that we believe will benefit the City of Orono. i RUN OATI il/ovn HENNEPIN COUNTY PROPERTY INTORHATION SYSTEH PROPERTY OKNERS LIST REPORT NO. PI455M)1 PAGE ISBATCH 00%PROP ADDR€Mtmn wm TAXPAYER NAHE/AOOR PROP AOOR OMCR KANE TAXPAYER NAHi/AOOR PROP ADOR ONNER NAHE TAXPAYER NAHE/AOOR PROP AOOR ONNER NAME TAXPAYER NANE/AOOR r- r sa ss-iia-ES %% ooza0Z%%0 NATERTOm RO NAP EUIS HALTER T ELLIS 2%%0 HATERTOm ROAD LONG LAKE NN 55554 sa S5-lia-Z5 44 OOZf 0Z4Z0 HATERTONN RD N J JOHNSON ETAL TIHOTHY JOHNSON Z4Z0 NATERTOIOI RO LONG LAKE HN 5SS54 sa ss-iia-zs 44 ooso02400 NATERTONN RO JEFFREY NARTtNEAU JEFFREY HARTINEAU 2400 NATERTONN RO LONG LAKE HN 55S54 sa ss-iia-2s 44 oosi 00041 NILLON DR N T A SANDHEl SLR SANDliEl THOHAS A A LINDA R SANDHEl 41 NILLON OR N LONG LAKE HN 55554 sa SS*118-2S 44 0052 00051 NILLON DR N VIOLA T GUNSOLUS VIOLA T GUNSOLUS 51 NILLON OR N LONG LAKE m 55554 sa 54-11S-25 SS 0004 02Sa0 NATERTONN RO NILLIAH E HARTIN NILLIAH HARTIN 2SaO HATERTONN RO LONG LAKE NN 55554 sa s4-iia-2s SS 0055 ooosa ADDRESS UNASSIGNED 6AYE RENDLEHAN NILLIAH HARTIN 2SaO NATERTCPtI RO LONG LAKE HN 55S54 sa 54-118-25 SS 0054 02245 HATERTONN RO THOHAS J RYAN THOHAS J RYAN 2245 HATERTONN RD LONG LAKE m 55554 sa S4-iia-2S SS 0057 02540 NATERTONN RO NALTER R HC CARTHY HALTER R HCCARTMY 2540 NATERTONN RO LONG LAKE HN 55S54 TOTAL BATCH 004 oooai X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS XT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPEBTY TAXATION^ TO>TNE BEST OF NY KNONLEDGE AND BELIEF. i ■; KUN DATI U/OVn SATCN OMPMP AOOfI ONNER NAH6 TAXPAYER HAHE/AOOR 58 05-117-2S 28 000502575 tONOVIEN CIR CAS lOSTETTER GARY 0 A SANDRA F LOSTETTER 2575 L0N6VIEH CIRCLE LONG LAKE m 55558 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHMERS LIST58 05-117-25 22 001000010 NILLON DR SNILLIAM S BOHMAN ET ALHM S BOItlAN A A 8 MCCOURTC/0 JACK J RANDALL8TH A MARQUETTE #5500 m CTRMPLS MN 5587Y-208#REPORT NO. PI855801 PAGE 1158 05-117-25 22 001502580 DEVIN U DAL 8LAUER DARRELL N 8LAUER 2580 DEVIN LA LONG LAKE m 55558 PROP AOOR OMNER NAME TA>9AYER NAME/AOOR PROP AOOR IMCR NAME TAXPAYER NAME/AODR «• PROP AOOR OmCR NAME TAXPAYER NAMi/ADOR 58 05-117-25 22 0020 02575 DEVIN LA CAR CAROOENUTO CAR CAROOENUTO 2575 DEVIN LA LONG LAKE MN 55558 50 08-117-25 11 0005 02855 COUNTRYSIDE DR P A J MILLER PHILLIP C HILLER 2855 COUNTRYSIDE DR LONG LAKE MN 55558 58 08-117-25 11 0008 00150 MANOR CIR K A V 8ANGERT KEITH A VIVIAN BANGERT 150 MANOR CIR LONG LAKE MN 55558 58 08-117-25 11 0005 02820 COUNTRYSIDE DR ROSS NATHANSON ROSS NATHANSON P 0 BOX 189 LONG LAKE MN 55558-0189 58 08-117-25 11 0008 02875 COUNTRYSIDE DR H E HITE JR A B A HITE H EUGENE A BARBARA A HITE 2875 COUNTRYSIDE OR LONG LAKE MN 55558 58 08-117-25 11 0009 00185 MANOR CIR B H BILLICK A L K BILLICK B H BILLICK A L K BILLICK 185 MANOR CIR LONG LAKE m 55558 58 08-117-25 11 0008 02850 COUNTRYSIDE DR L A KRETCHMAN A S D GRANDE L A KRETCHMAN A S D GRANDE 2850 COUNTRYSIDE DR LONG LAKE MN 55558 58 08-117-25 11 0007 02515 COUNTRYSIDE DR K R FRIT2E A K F FRITZE KEITH R A KIMBERLY F FRITZE 2515 COUNTRYSIDE DR LONG LAKE MN 55558 58 08-117-25 11 0010 02590 COUNTRYSIDE DR J K KALITA A H S KALITA JOHN K A HEATHER S KALITA 2590 COUNTRYSIDE DR LONG LAKE MN 55558 cco ^ ; PROP ADDR t OltCR NAME • TAXPAYER ; NAME/ADORr- •' • • 58 08-117-25 11 0011 02585 COUNTRYSIDE DR r B MICN ACE MICH THOMAS B MICH 2585 COUNTRYSIDE DR LONG LAKE MN 55558 58 08-117-25 12 0008 02815 COUNTRYSIDE DR DAS PEARCE DAVID N A SUSAN M PEARCE 2815 COUNTRYSIDE DR LONG LAKE MN 55558 58 08-117-25 12 0007 0288r NATERTONN RO PATRICIA C DICKEY PATRICIA C DICKEY 2885 HATERTOItl RD LONG LAKE m 55558 r r PROP ADOR QltCR NAME TAXPAYER • NAME/ADOR 58 08-117-25 15 0001 00580 OLD CRYSTAL BAY RD S RAP MINNICH ROONEY L MINNICH 580 OLD CRYSTAL BAY ROAD LONG LAKE MN 55558 58 08-117-25 15 0008 00250 OLD CRYSTAL BAY RD S DENNIS 0 THOMPSON DENNIS 0 THOMPSON 12201 MINNETONKA BLVD MINNETONKA MN 55585 58 08-117-25 18 0005 00058 ADDRESS UNASSIGNEO THE STATE OF MINNESOTA DNR-BUREAU OF REAL EST MGT ATTN GNEN HALLACK 1201 E HNY 2 GRAND RAPIDS MN 55788 mu HATE ii/of/n HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OltlERS LIST REPORT NO. PI4SS40I PAGE 12BATCH 004PROP ADOR OltCR NAME TA)0»AYER NAHE/ADOR PROP ADOR (RtCR NAME TAXPAYER NAME/ADOR PROP AOOR ONNER NAME TAXPAYER A »NAHE/ADOR t PROP AOOR ONNER NAME TAXPAYER NANE/AOOR PROP AOOR ONNER NAME TAXPAYER NAHE/ADOR r PROP AOOR ONNER NAME TAXPAYER* NAHE/ADOR r SB 04-117-23 14 0004 02555 COUNTRYSIDE DR S A A SCHNEBLY S E A A L SCHNEBIY 2555 COUNTRYSIDE OR LONG lAI^E m 55354 SB 04-117-23 21 0001 02985 NATERT0IB4 RO MARGARET T TRONDRIDGE MARGARET T TRONBRIOGE 29B5 NATERTONN RD LONG LAKE HN 55354 3B 04-117-23 21 0003 02045 NATERTCMI RD MICHAEL J FITZPATRICK ET AL HICHAEL/PATRICIA FITZPATRICK 2B45 NATERTONN RO LONG LAKE MN 55354 3B 04-117-23 21 0004 000B5 OLD CRYSTAL BAY RO S THEO I MEYER ETAL THEO J HEYER B5 OLD CRYSTAL BAY RD LONG LAKE m 55354 3B 04-117-23 21 0005 00020 NEAR LA J A 0 HORTON JAMES B A DOROTHY A HORTON 20 NEAR LA LONG LAKE HN 55354 3B 04-117-23 21 0004 00050 HEAR LA D A J HILL DAVID H A JEANETTE P HILL 50 MEAR LA LONG LAKE HN 55354 3B 04-117-23 21 0007 OOOBO NEAR LA G A C DE SANnS GARY A CHERYL BE SANTIS BO HEAR U Lr G LAKE HN 55354 3B 04-117-23 22 0011 00135 CYGNET PL H R ANDERSSON A E E NORIARTY H R ANDERSSON A E E HORIARTY 135 CYGNET PL LONG LAKE MN 55354 3B 04-117-23 22 0012 00145 CYGNET PL A E BLOEHENOAAL ETAL ARTHUR E BLOEHENOAAL RT 1 BOX 501F LONG LAKE HN 55354 3B 04-117-23 22 0020 00140 CYGNET PL P A DEBERNARDI A J L OLSON J L OLSON A P A DE BERNAROI 140 CYGNET PL QRQNQ HN 55354 3B 04-117-23 22 0021 00190 CYGNET PL R A HOHRHAH A R A HOHRHAN RONALD A A ROBIN A HOHRHAN 190 CYGNET PL LONG LAKE MN 55354 3B 04-117-23 22 0022 00100 CYGNET PL VIL OF ORONO CITY OF ORONO PO BOX 44 CRYSTAL BAY HN 55359 CL' 3B 04-117-23 22 0023 00130 CYGNET PL MARGARET 0 ROSSING MARGARET 0 ROSSING 130 CYGNET PL LONG LAKE HN 55354 38 04-117-23 22 0027 03085 NATERTOItl RD NHEATON CONSTRUCTION INC STEVEN A MARGO NIRTJES 3085 HATERT0IO4 RO LONG LAKE MN 55354 3B 04-117-23 22 0028 03045 NATERTOIOI RD BRUCE C A KATHRYN S HALL BRUCE C A KATHRYN S HALL 3045 NATERTONN RO ORONO MN 55354 o M 3B 04-117-23 23 0011 001B5 CYGNET PL CALVIN PRESBYTERIAN CH CALVIN PRESBYTERIAN GRAND AVE A GLENDALE LONG LAKE HN 55354 ORONO 3B 04-117-23 23 0014 00220 CYGNET PL R J PROVO SR A H M PROVO ROBERT J PROVO 220 CYGNET PLACE LONG LAKE MN * 55354 3B 04-117-23 23 0017 00240 CYGNET PL DEAN K HOLIN ETAL DEAN K MOLIN 24B CYGI^T PLACE LONG LAKE MN 55354 n iUN UTf ll/e^/n MTCN OM HENKIPXN COUNTY PROPIRTY I^rOI»UT10N SYSTIH PROPERTY ONNERS LIST REPORT NO. PX4S5401. PAGE ISPROP AOOROMNER NAME TAXPAYER NAHE/AOOR Sa 0A-117-2S ES OOEO OOEAO CYGNET PL EUGENE C OETERLING A NIFE EUGENE C DETERLXNG E40 CYGNET PLACE LONG LAKE m 55SSA 50 04-117-25 25 0021 OSISO RIDGEHOOO CIR LOREN GROSS TRUSTEE LOREN TROTS 8A0Y L riLE AVE S BLOOHINGl>>j MN 55420 50 04-117-25 25 002205150 RIOGENOOO CIR JANES 0 BRINDLEY JANES D BRINDLEY 5150 RIDGEHOOO CIR LONG LAKE NN 55556 PROP ADOR OmER NAME TAXPAYER NAME/AOOR PROP ADOR Olt€R NANE TAXPAYER NANE/ADOR PROP AOOR OMNER NANE TAXPAYER NANE/ADOR 50 04-117-25 25 0025 05100 RIOGENOOO CIR FRANK J A PATRICIA R ROUTSON FRANK J ROUTSON 5100 RIOGENOOO CIR LONG LAKE MN 55556 50 04-117-25 24 0005 00555 OLD CRYSTAL BAY RO 8 NARY 0 RYERSE NARY 0 RYERSE 555 OLD CRYSTAL BAY RD S LONG LAKE m 55556 50 04-117-25 24 0006 00275 OLD CRYSTAL BAY RO S G R A B K COFFIN GORDON A BARBARA COFFIN 5025 NATERTONN RD ORONO HN 55556 50 04-117-25 25 0027 00050 ADDRESS UNASSIGNED H N A S J LAUE HERMAN N A SHIRLEY J LAUE 594 PARK LANE LONG LAKE NN 55556 50 04-117-25 24 0004 00405 OLD CRYSTAL BAY RD S LEON G NARNER NARREN DALEN 40550 OLD CRYSTAL BAY RD LONG LAKE NN 55556 50 04-117-25 24 0007 00595 SUSSEX LA N N A 0 C NILDNAN NINA N A DONALD C NILDNAN 745 SPRING HILL RD HAY2ATA m 55591 50 04-117-25 24 0002 00225 OLD CRYSTAL BAY RD 8 PEARL DENNY ET AL PEARL DENNY 225 OLD CRYSTAL BAY RD S LONG LAKE NN 55556 50 04-117-25 24 0005 00050 ADDRESS UNASSIGNEO STATE OF MINN STATE OF HINN IDNR) (LUCE LINE TRAIL) 50 04-117-25 51 0001. 00425 OLD CRYSTAL BAY RD NAP LANTON DR NILLIAN G LANTON 425 SO OLD CRYSTAL DAY RO LONG LAKE HN 55556 4 0 , O « PROP ADOR Olt€R NAME TAXPAYER NAHE/AOOR 50 04-117-25 51 0012 00460 SUSSEX LA N H A 0 C NILDNAN NINA N A DONALD C NILDNAN 745 SPRING HILL RD NAYZATA NN 55591 50 04-117-25 52 0010 05050 SUSSEX RD N N A D C NILDNAN NINA N A DONALD C NILDNAN 745 SPRING HILL RD NAYZATA MN 55591 50 04-117-25 52 0011 00455 SUSSEX LA N N A D C NILDNAN NINA H A DONALD C NILDNAN 745 SPRING HILL RD NAYZATA MN 55591 PROP AOOR OMCR NANE TAXPAYER • NANE/ADOR 50 04-117-25 42 0016 02790 NHITE OAK CIR PAH DOHERTY PATRICK J DOHERTY 2790 NHITE OAK CIRCLE LONG LAKE MN 55556 50 55-110-25 55 0001 05020 NATERTONN RD R A STUBBS ETAL RENA M STUBBS 5020 NATERTONN RO LONG LAKE MN 55556 50 55-110-25 54 0006 00055 NEAR LA N NEAR ENTERPRISES PARTNERSHIP NEAR ENTERPRISES PARTNERSHIP C/0 NILLIAN N NEAR PO BOX 506 LONG LAKE MN 55556 • • • ^ HUM OATf BATCH OOAAOOII 0»tCI| NAME TAXPAYER NAME/AOOR PROP AOOR OMCR NAME TAXPAYER NAME/AOOR SO SS-110-2S 3A 000902095 NEAR CIR►€AR ENTERPRISES PARTNERSHIPHEAR ENTERPRISES PARTNERSHIPC/0 NILLIAM N NEARPO BOX 295 LONB LAKE N4 55359 30 33>110-23 93 0001 02790 NATERTQMI RO JOSEPH H ROSCH JOSEPH H ROSCH 9909 JAMES AVE S RICHFIELO IM 55923 meio«pin couity property information systemPROPERTY OWERS LIST30 33-110-23 39 001002935 NEAR CIRNEAR ENTERPRISES PARTNERSHIPhear enterprises partnershipC/0 NILLIAM N NEAR PO BOX 309 LONG LAKE MN 55359 30 33-110-23 93 0009 02990 NATERTO»tl RO T P GORMAN ALT GORMAN T P A L T GORMAN 2990 NATERTOMI RO S LONG LAKE (tJ 55359 REPWT NO. PI9S5901 PAGE 1930 33-110-23 39 0011 00030 ADDRESS UNASSIGNEO NEAR ENTERPRISES PARTNERSHIP hear enterprises PARTNERSHIP C/0 NILLIAM N NEAR PO BOX 295 LONG LAKE >04 55359 30 33-110-23 93 0005 00120 GOLDEN VIEN OR JOHN HALLSON JOHN T HALLSON P 0 BOX 171 LONG LAKE 404 55359 PROP AOOR OHNER NAME TAXPAYER NAME/AOOR 30 33-11B-2S 93 0009 0003B ADDRESS UNASSIGNEO J F * H C P VOGT ET AL 6V0 HA B5 GOLDEN VIEN DR LONB LAKE M4 55359 38 33-118-23 93 0010 00035 GOLDEN VIEN DR M A L CHORLEY MICHAEL E • LUCINOA CHORLEY 35 GOLDEN VIEN OR LONG LAKE HN 55359 38 33-118-23 93 0011 00055 GOLDEN VIEN OR MAS SUPALLA mark R SUPALLA 55 GOLDEN VIEN OR LONG LAKE MN 55359 r C' r. r' PROP AOOR 0M4ER NAME TAXPAYER NAME/AOOR PROP AOOR 0M4ER NAME TAXPAYER NAME/AOOR PROP AOOR OltCR NAME TAXPAYER • NAME/AOOR 38 33-118-23 99 0001 02590 NATERT0M4 RO ROBERT F SUESS ETAL ROBERT F SUESS 2590 HATERT0lt4 RO LONB LAKE MN 55359 58 33-118-23 99 0017 00035 HACK8ERRY HILL R N NAGMAN ETAL RICHARD N NAGMAN 35 HACKBERRY HILL LONG LAKE HN 55359 38 33-118-23 99 0025 00050 HACKBERRY HILL CHARLES B AUTRY ET AL CHARLES B AUTRY 50 MftCKBERRY HILL LONB LAKE MN 55359 38 33-118-23 99 0002 02590 HATERT0*t4 RO ROBERT F SUESS ETAL ROBERT F SUESS 2590 NATERTOHN RO LONG LAKE MN 55359 38 33-118-23 99 0018 00035 HACKBERRY HILL R N NAGMAN ETAL RICHARD H NAGMAN 35 HACKBERRY HILL LOr46 LAKE MN 55359 38 33-118-23 99 0029 00039 HACKBERRY HILL N H HEAR ETAL NILLIAM N NEAR BOX 309 LONG LAKE 4t4 55359 38 33-118-23 99 0019 00051 HACKBERRY HILL J M MIELKE a R J MIELKE RICHARD J a JANCLLE M MIELKE 51 HACKBERRY HILL LONG LAKE 4t4 55359 58 33-118-23 99 0019 02980 NATERT0M4 RO R H NAGMAN A J 8 NAGMAN RICHARD N a JUNE B NAGMAN 35 HACKBERRY HILL LONG LAKE 494 55359 38 33-118-23 99 0027 00022 HACKBERRY HILL M J ER44HART A T A ER44HART MICHAEL J ERNHART 22 HACKBERRY HILL L044G LAKE 494 55359 aum fiLV'^ s ! I \r^*' j j' ■' - ii •%^sT7 .« ••• \ i ;,*3-/^f'-:^f 5 - S3^ili ’-P^ ^ I » t I X < VtfML, >W,\ tV I p*/ k*.li .;. « • ' ;* *. \ hi i ^ / 1 • t 4 » ' ‘ J , 1 I *• 0'f.-l/7-P3..P<^- I 1 ii Mtt lllf ^ MMi I » ! • ! > , -„jCJL: ^ ■• IILbp^ \I7 I •! iMf IM, !r-:h % AU-^ 'f .^1*'- i I ^ . «r «<- ^,r iHI ^rw CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 APPLICATION NO. 1877 NOTICE OF COUNCIL ACTION Date of Notice: 10/2o/93 TO:Tandem Properties/Peter Andrea Co c/o Dick Putnam 2765 Casco Point Road Wavzata. MN 55391 COPIES: TYPE OF APPLICATION: Sketch Plan Review DATE OF MEETING: 10/25/93 COtTVCIL ACTION - MOTION: (No action required) Council considered the various issues and concerns raised by the developer and staff. While no specific vote was taken, general direction in a number of areas included: 1.General support for preservation of "Ancient Ones" site via an outlet or park lot dedicated to the public, with the following thoughts: Applicant and property owner to provide substantial written documentation from appropriate sources (Native American representatives. State • archeologist, etc.) that the site being preserved is the proper location, that this is an acceptable way to preserve it, etc. Provide documentation of expected future uses. City likely will not provide funding for preservation and/or maintenance of bam or house, and feasibility of preserving same is questioned. 2. 3. Trail system concept generally met with positive response Mixed reaction on the need for road connection corridor on Coffin property; connection corridor should be dedicated on Dickey property as shown; City intent to consider cul-de-sac as private roads until such time that connector links are actually built. 4. General agreement that no septic setback to Type 1 wetlands is needed. 5.Somewhat mixed reaction to the issue of dry-buildable credit for Type 1 wetlands, but no final decision was forthcoming. This issue will be placed on Council’s November 8th agenda for further discussion. 6. The question of future City sewer was raised. Zoning File #1877 October 28, 1993 Page 2 Your next step, of course, would be to submit a preliminary plat application. Please contact Mike Gaffron or Jeanne Mabusth at 473-7357 if you have questions. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. CITY COUNCIL MINUTES CITY OF ORONO NOVEMBER 8, 1993 13.. FLAG LOTS - REVIEW PLANNING COMNOSSION RECOMMENDATION .Assistant Planning & Zoning Administrator Michael Gaffron gave the staff report and reviewed the proposed new standards for flag lots in the City of Orono. He stated that staff and Planning Commission recommend that the access corridor be created as an outlet, and that the City retain the ability to require a shared access between the two lots in instances where curb cuts are a concern. He noted that the outlets would be 30’ in width. He indicated the Planning Commission’s intent is that the proposed standards apply only to front/back lots after the ordinance is adopted. Mayor Callahan moved, Kelley seconded, to subscribe to the Planning Commission recommendation regarding flag lots and staff is hereby directed to draft an ordinance implementing these requirements. Ayes 3. Nays 0. .Motion carried. Mayor Callahan moved, Goetten seconded, to extend the moratorium on flag lots until December 31. 1993. Ayes 3, Nays 0. Motion carried. TYPE 1 WETLAND BUILDABIUTY CREDI Assistant Planning & Zoning Administrator Michael Gaffron reviewed the staff position on the current status of wetland regulations and potential issues which need to be addressed by the City. He discussed the current wetland designations on the City maps and discussed the scope of wetland classification which had been enacted Is pan of the State Wetland Conservation Act and now requires that wetland alteration permits be issued for development' encroaching into wetland areas. Mayor Callahan commented that he felt the Cityordinances should not be changed and that development approvals be contingent upon approvals from the other agencies dealing with the preservation of wetlands and mitigation of impacts upon those wetlands. City Administrator Ron Moorse stared that as a proposed subdivision is developed it has to be done in conjunction with the other agencies and he believed that should be taken into account when a project is going through Orono’s subdivision process. Discussion ensued regarding whether the City of Orono should become involved in regulation of^ctland mitigation or leave that aspect of development to be regulated by the other agencies. Mayor C^ an felt strongly that approval by the other agencies throughout the developmental process was sufficient to prevent lots being platted in unbuildable areas, and he did not believe the City should invest time and funds in something that was already being regulated. City Engineer Glenn Cook commented that most potential developers request subdivision approval from the City first and the approvals of these other agencies comes after that faefi Discussion ensued regarding the length of time for processing a subdivision application and the poMibility of requirmg that the approvals from other agencies come before the final approval by the City. Councilmembcr Goetten stated she felt that was necessary. Mayor Callahan stated he felt that the City should require developers to obtain agency approvals before City approval. He stated that he also believed that the Planning cm' COUNCIL MINUTES CITY OF OPONO NOVEMBER 8, 1993 Commission should noe attempt to deal with wetland mitigation issues. He stated that the Council would not adopt a formal resolution regarding this issue that evening. MAYOR/COUNCIL REPORT Mayor Callahan stated that he would be attending a meeting with the Mayors of *e '• SoZ p“lcTd Minnetonka Beach this week. He also stated that the Cty of Orono signed a contract with the City of Long Lake for both Fire and Police protection. Councilmember Kelley noted that he had read the Minutes of the LMCD meeting and they were accurate. vfavor Callahan stated that in an update from the Metropolitan Council they will now negotiate with c^s on vi^s o^emiZl issues as part of any comprehensive plan amendment process. It will include things like faring of govemmenul services and affordable housing. Councilmember Goetten gave an update on ^e ^7"s plm. my'arn urgZ diat MnDOT continue its effotts to achieve completion of the Willow and 12 safety improvements by the sprmg of CITY ADMINISTRATOR’S REPORT *15. EXTENSION OF PROSECUTION CONTRACT Pro's^cS^^ “ 0. Motion carried. 16. LONG LAKE ANNEXATION/SUBDIVISION RESOLUTION #3357. City Administrator Ron Moorse gave the staff jjj* f|Sige^i°U retoLT^'cfty new resolution approved. Mayor Callahan , as presented, of Orono of a burden. He felt the last paragraph should be left in and he supporteo p Mayor Callahan moved. Goetten seconded, to adopt ^5 g'°''Motton carried, agreement in the form as submitted by the City of Long Uke. Ayes 3. .Nays u. ivio 17. UNDERGROUND TANK REMOVAL UPDATE (S MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1993 (#7) #1882 JOHN M. O’SULLIVAN/O’SULLIVAN’S - CONT. O’Sullivan asked if the municipality had the right to supersede Minnesota Fire Codes. Schroeder stated that would require the City Attorney’s opinion. (#10) #1877 TANDEM PROPERTIES/PETER ANDREA COMPANY 3025 WATERTOWN ROAD AND 2645 WATERTOWN ROAD - SKETCH PLAN REVIEW' FOR PROPOSED SUBDIVISION - NO ACTION REQUIRED Dick Putnam (Tandem Properties), Jim Deanovic (Peter Andrea Company), Mark Gronberg (property owner) and Robert Hare (broker from Burnett Realty) were present. Gaffron explained this was a sketch plan review for development of 130 acres at Old Crystal Bay Road and Watertown Road. Some concerns to be considered are access issues, wetlands, trails and the historic significance of the property. Putnam explained that on the west side of Old Ciystal Bay Road is the Coffin property consisting of approximately 62 acres. Ihe Dickey property, on the south side of Watertown Road, is about 68 acres and conuins a large arena and the site of the "Ancient Ones". The Dickey property is basically farm land with the exception of the old homestead where there are trees and the arena. The Coffin property has a number of fields with some forests and a number of wetland areas. When the property was bought, the City did not show any wetlands on the map. Other agencies define these wetland areas differently. Putnam stated the plan connects the two properties by continuing the existing public road from Old Crystal Bay Road to Willow Drive. The developers have talked to the Orono Park Commission. There are two plans included in the Planning Commission packet, one designed before the Park Commission meeting and one after their on-site visit and comments. Approximately 3 1/2 acres have been identified as part of the historic site including the bam, farm site and burial area. A public trail connecting the historic site to the DNR woods has been illustrated which is adjacent to the Luce Line. That property has been donated by the Dickey’s. A trail would also be considered along Old Cr>stal Bay in an easement over the right-of-way. On the Coffin property, two cul-de-sac roads are being considered because the wetlands and woods make it difficult to design a looped road. Two acre lots are being considered for both sites which is the zoning requirement. 24 lots could be developed on the Coffin property and 26 lots on the Dickey property. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1993 mO) #1877 TANDEM PROPERTES/PETER ANDREA COMPANY - CONT. The Park Commission felt it would make more sense to restore the existing home rather than the bam to use for an interpretive center because it would be less expensive. Gaffron commented on the public vs. private road access issues. Putnam when they met on site and Gaffron indicated that just because tte c<^ of-way it would not be considered a public road. Putnam asked why Casco Potnt Road wtere tehves was plowed by the City wWch was a cuMe-sac and the City wouldn t mamtatn this type of road The developers would propose that the streets be public and public y ^tntaiiK ^moughX have been mid that is not the case. The roads would be constmcted to publ c Indafds but maintained as private. Topography, existing homes and proposed lots will determine where the roads will be constructed. Smith asked if there had been discussions with the Native American f crounds She wants to be assured that nothing will be dismrbed that is considered sacred and fhere will be no repercussions in 50 years. She volunteered to be involved with any discussions Deanovic explained that a medicine man must come to the site to det^ine where sacred grounds exist. Two medicine men, one from Montana and the other from a. a^ a rea y been to the site and determined the same area as sacred ground. Smith ^ked if members of tte tol Native American community had been involved. Deanovic thought Pat D'ckey would te Ible to confirm that this is the sacred ground as she has worked extensively with the Na ive Americans. Smith also wants confirmation directly from the Native American commutu y ^ no lands will be dismrbed that are considered sacred. Putnam suggested a group, be formed who ^^s an iumres^n ^is issue to work on the details. This group could include Smith,^d representatives from the Council and Park Commission. State archaeologists have already been involved and confirmed the hillside as sacred. It is no longer legal to "dig stams of sacred ground. The Native Americans object to digging but walking on it is acceptable. at this location was not positive. .Smith asked what the plans were for screening the lots that abut the Luce Line on the Coffin property. Putnam explained that the existing tree lines would not be disturbed and there may be possible enhancements of the wetland area. Qnrith nuestioned the concept of an interpretive center and asked who would maintain it Lalliially. The Park Commission has indicated there is not money available for maintenance. MINUTES OF THE ORONO PLANNING CO\L\!ISSION MEETLNG HELD OCTOBER 18, 1993 (#10) #1877 TANDEM PROPERTIES/PETER ANDREA COMPANY - CONT. Deanovic thought that it could be maintained privately after talking with Pat Dickey. Although the barn would be desirable to use, it would be more expensive. Smith would like to the see the bam kept at least in its present condition. Putnam commented that there w'ere other considerations for the bam site. Parking has been a problem for users of the Luce Line and this site could be a possibility to provide parking and some use of the bam. Smith asked if the DNR would be interested in working on the trail idea connecting to the Luce Line. Putnam stated that as a regional trail, this would not meet the criteria but as an offshoot for the municipality it would make a lot of sense. Smith asked if the designated trails were on outlots so they could be converted to roads if that was ever desired. Putnam responded that discussions had taken place with agencies such as the Fish and Wildlife Department and Corps of Engineers to create a drainage system of creeks and ponds that do not currently exist. The trail would be 25-30 ’ wide and publicly dedicated but not a road. Smith asked if the location where the sweat lodges are could be protected. Putnam responded that there is no significance to where they are placed, that was just the most convenient location. Putnam stated that as developers they would like to tr> to create a path so that everyone benefits but if the City says that path has to be subtracted from the 2-acre lot area, it may not be worthwhile. For the person owning a lot and selling, it may be better not to have the trail. However, for the benefit of the whole area, a trail makes a lot of sense. Schroeder asked the status of the trail along Old Crystal Bay Road. Gaffron thought things had come to a halt and did not know how the agreements with the property owners along the trail had turned out. Money continues to be a problem. Peterson asked what the feelings were about the possible choice of a southern corridor for Highway 12 as it would greatly impact their property. Putnam felt there was some risk but added that development could discourage this route as the final choice. Peterson stated that the proposal looks good but has a concern with the wetland issues. How will it be handled if there is no septic site available on some of the lots and how will the lots be designed since there are wetlands scattered throughout the property? MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1993 (#10) #1877 TANDEM PROPERTIES/PETER ANDREA COMPANY - CONT. Deanovic responded that a large group had visited the site including representatives ol the Watershed District, City staff. Army Corps of Engineers, BWSR and Steve Schumers for septic sites. In the erwi. City ordinances will be a determining factor. Deanovic thought 1; I mitigation may be possible. The Watershed representative felt this was an opportunity for improvements. One of the main issues is that what was classified as wetlands in the past differs from current definitions. Most of the wetlands were classified as Type 1 . Gaffron confirmed that under MPCA standards there are certain types of wetlands that meet the criteria for septic installation. Putnam felt their biggest problem will be dealing with the Orono ordinances relative to the setbacks for septic systems and the dry buildable land. Putnam gave examples of how the wetland maps differ. According to the City map, there was 2.66 acres of wetlands on the Coffin property but 12.15 acres have been identified by their consultant using current methods. Deanovic explained that City maps were done in 1974 and wetlands were identified under different standards on a black and white aerial photo. Although the Dickey property showed no wetlands on City maps, surveyors designated approximately 4 acres. Putnam explained that on the Coffin property of 62 acres, if the City maps were used lot sizes would be 2.47 acres. If the wetlands were subtracted, lot sizes would be reduced to 2.08 acres. The City will have to decide how to deal with the wetland designations. Deanovic commented that they had discussed with other agencies how they felt about changing some of the wetlands. They were agreeable since better wetlands would be built rather than a "rut in a field Putnam stated that according to Orono ’s code, it they created a NURP pond or wetland, that would have to be subtracted off of the two acres. At this time it is a 1 :1 replacement but after January 1 it will be 2:1 . The way it stands now, if four acres of wetland were altered at this site, four acres of wetland would have to be replaced somewhere else. This could be done on site! within the Watershed District or within the County. If, for example, a wetla-.d were replaced in Medina, what benefit does that have for Orono even though it meets the State requirements? Putnam noted that staff had suggested to Putnam he not look at planned development since this property is not in a sewered area. Meeting a 2-acre requirement may create a problem on some of the lots with the wetlands considered and meeting the 75 ’ setback from the wetlands for septic systems. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1993 (#10) #1877 TANDEM PROPERTIES/PETER ANDREA COMPANY - CONT. Deanovic pointed out that no matter how the lot sizes are calculated, they arc over 2 acres. Problems in the French Creek development may have been caused by not having full disclosure. Gaffron explained there were designatea septic sites in that planned development of 1-1.25 acre sites. However, when the sites were developed, there were different views of where the house should be placed, etc. so it was difficult to protect the septic sites. Peterson opined that it may be the best alternative to replace wetlands in Medina if the ultimate goal is to protect wetlands even though it would be a loss to Orono. Schroeder felt the wetlands should be saved in Orono. Two people from BWSR, the governmental agency that enforces the technical wetland policies, did not favor mitigation in another area. Putnam stated at this time the ordinances don’t mesh between the State and municipalities, which causes many problems. Schroeder asked how important it was that the lots be two acres. He thought some five acre lots might solve some of the problems. Putnam thought it may be more difficult on the Dickey property because there is already a pattern established. Wetlands, ponds and trees actually increase the value of the property. Their view is that the Coffin property is more valuable and the homes will be higher priced. Not all people want to have large lots they have to mow. Hare commented that economics are involved but also aesthetics. The developer is proposing development that may be better for the City. High ground makes a parcel more valuable. A five acre site with only one acre of dry buildable may not be any more valuable than a two acre lot that is ail dry buildable. People who are looking for lots in the Orono area are looking for space between ^eir neighbors yet want to be part of a community. Schroeder asked what the expectations are of the price of the lots and homes. Deanovic thought the Dickey property would be $80,000 - $110,000 per lot and the Coffin property would be higher, more comparable to Tuckborough in Medina. Hare thought that enhancing the wetlands may make the property more valuable. Putnam slated they would probably relocate some of them. This is an opportunity to alter Type 1 wetlands but you wouldn’t want to alter Type 3 wetlands, nor would that be allowed. Nolan asked what other developments the developers have done. Some of the projects they did were Copperfield in Mendota Heights, several projects in Eden Prairie including Summer Oaks, and many sites for Centex Homes in Eden Prairie, Plymouth, and Mendota Heights. They have not done any projects with septic systems. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1993 (#10) #1877 TANDEM PROPERTIES/PETER ANDREA COMPANY - CONT. Nolan felt it desirable to lake some of the Type 1 wetlands and integrate them through the neighborhood with a good plan. Some areas could be developed into more productive wetlands. Mitigation on the site is preferable to looking in other areas. A meeting with the developer and Planning Commission members was scheduled for 9:00 a.m, Samrday, October 23. The sketch plan will also be presented to Council at the October 25 meeting. (#11) FLAG LOTS • FINALIZE RECOMMENDATION TO COUNCIL A motion was made by Schroeder. seconded by Berg, to tabic discussion of this item until Thursday morning at the special Planning Commission meeting. Ayes 6, nays 0. (#12) REPORT BY PLANNING COMMISSION REPRESENTATIVE Lindquist and Peterson reported that in the Jundt application problem the Council did not approve a deck at the bottom of the stairway for storage m the 0-75 setback zone. Council requested that adequate hardships be stated on the applications. Surveys need to Council denied the Spinner application as the Plamung Commission nad recommended. Nolan commented that the Spinner survey was maccurate and had been pomted out. (#13) OTHER ISSUES Smi* mentioned the meeting with Utng Uke end Orono wto a "if issue This was the second meeting and Smith is anendmg them. A MnD p avaUable as a technical advisor. Orono is represented by the entire Council. These meetmgs tun parallel to the Policy Committee meetings which are MtiDOT ^ set in November and agatn in January. The meetmgs are open to the pubitc and held at the o7ono CouncU Chambers. Smith commented that MttDOT suted the reason toy tue lookmg at Highway 12 upgrades is because the people from Wtlmar want to get into to Cut s. Schroeder reminded members further d^.cussion needs to take place befor^e end of November regarding ±e B-2 zone and encouraied members to visit ail of the mannas. Schroeder stated Mabusth had checked into insurance for Planning ouS was whetor toy are insured if toy injure a dog. etc., not tf one of the members ts injured on an inspection. Gaffron will research hirther. ■ff \ minutes of the orono park commission meeting THURSDAY, JANUARY 6, 1994 ATTENDANCE The Park Commission met on Thursday, December 6, 1994, with the following^embCTS, present: Richard N. Flint, Chair, Alex Vongries, Sherokee Use, Susan Wilson, Uli McMillan, and James White. Robert Howells was absent. City Admini^rator Ron Moorse and Recorder Barbara Anderson represented City staff. Chair Fhnt called the meeting to order at 7:20 p.m. (#1) APPROVAL OF MINUTES OF DECEMBER 6, 1993 MEETING Use commented that the statement on page 4 regarding her meeting wth the Medicine Man did not reflect the content of what transpired. She felt that the first part of the second sentence should be changed to read, ’’His hope was that there be a feeling of a "people" place rich in Native American history...’’ Wilson moved. McMillan seconded, to approve the December 6, 1993 Minutes as corrected. Ayes 5, Nays 0. (#2) REVIEW OF SCHEDULE OF MEETINGS FOR 1994 The meeting dates were discussed. Use inquired what bad been done about the July meeting and it was commented that was usually decided at the preceding in^eeting, since it depended upon the number of Commissioners who were able to attend the meetmg. All the Commissioners present agreed to accept the meeting schedule as proposed. (#3) CONSIDERATION OF PLANNING PROCESS FOR 1994 (JOHN SHARDLOW). John Shardlow introduced W.illy Case, and reviewed the types of work his firm does throughout the metro area both in the public and pnvate sectors. Regarding the park planning process, he has beeu tiying to put together a program which can be tailored to each communities needs based on its strengths and weaknesses. He e^lained how Comprehensive Plans had been utilized to develop a commumties in the past particularly as a means of determining objecrives for the future regarding parks, trails and open Mr.^^ase noted that the role of their firm would be determined by the ciries needs and how they want to develop their plan. He noted that the Americans with Disabihtie.<; Act (ADA) would have a definite impact on how recreational facilities would be developed in the future. Commissioner White arrived at the meeting at 7:30 p.m. Wilson commented that they had asked to have a Park Plan done a few yeare ago but there was not sufficient funding available at that time. Use stated that they have been 1 MINUTES OF THE ORONO PARK COMMISSION MEETING THURSDAY, JANUARY 6, 1994 acting in a reactive mode rather than a proactive way and she felt it was time for a plan to be developed- McMillan concurred. -- j Moorse stated that presently there are issues coming before the City which have required decisions to be made regarding land use which have not been fully explored or * He stated that it was time to move forward with the plan because funding was avaUable to do this. He noted that the City Council believed that developing such a plan wou d be a means to address some of these concerns. He discussed the needs of the school district and as the City grows, the municipality may need to provide some of the needed facilities. He stressed the need for citizen input. McMillan commented that she would like to have a consultant to help the Commission on issues that regularly arise and Moorse responded that the Park Plan would theoretically provide that assistance; however, there were many parks that were a halt acre in size, which was quite small. Shardlow commented that the best use of the land is one aspect of a park plan, but they also establish goals and standards by translating policy that has been set by the City. This can be done bv the Commission through surveys and public input. He noted tha the City was pretty Wll developed but with Highway 12 being upgraded, it will increase property values, and it would be best to determine where parks were needed or wanted before that occurred. He stated that neighborhood parks are usually ideniihed on an official park plan and these parks were created using park dedication fees. He felt tha the first step would be to establish goals and policies and then development standards could be determined. The final step would be to determine the sites which would be acquired. Case commented that the City of Orono may have a set of standards which would apply given the diversity of the area N^ithin the City. He felt that an inventory of casting parks within the City needed to be done and a determination made regarding whether they met the needs of the City. Shardlow stated that the public needed to be informed of the existing park system and alerted to the other factors which may impact that system. This should include everything that provides recreational facilities for the City. He commented that the community wide survey was an excellent tool for obtaining citizen mput into this process. He noted that the following steps were utilized in implementation of a park plan for a comniunity: 1. Inventory and analysis of existing parks and recreational facilities. 2. Obtaining public input, through surveys or public meetings. MINUTES OF THE ORONO PARK COMMISSION MEETING THURSDAY, JANUARY 6, 1994 VO 3. Identifying issues. 4. Developing goals and standards. 5. Establishing those standards. 6. Develop the Park Plan for adoption by the City Council. Moorse suggested that perhaps an intern could assist with the survey and other aspects of the proposal. Shardlow commented that they have found it works best to move rapidlv through the process to avoid delays and people losing interest because of the length of time involved. Moving quickly keeps interest levels up and the program moves smoothly the expeditiously through the process. He discussed special interest groups and stated that choices will have to be made, based on a prioritized system of needs being determined. He outlined the process by which the community has input into determining the main issues regarding the development of the Park Plan. He stated they had used workshops to determine the main points. Discussion ensued regarding the possibility ot using a mailed survey to get input from a variety of different interest groups. Moorse commented that perhaps a citizens advisory committee could be established to assist the Park Commission in developing the plan. Shardlow commented that was an exceUent suggestion. McMillan inquired if there were things that had come up over time which had affected the sizes of the trails and Shardlow responded that the amount of land required for trails has increased dramatically, and that the demand for soccer fields has increased greatly over the past ten years. He commented that the needs of a community have to be identified based on the information of today because it s being done in the present. Obtaining the land is the most important thing because there is no more land available, and dcvciopment is always increasing. White stated that an inventory has been done which shows all the parks throughout the City. He noted that one survey had been done and baseball fields were low which created a discrepancy between the sury ey and those who favored baseball fields^ He felt it was time to begin the process of developing a comprehensive Park Plan for the City ot Orono. Discussion ensued regarding the amount of money available. It was noted that a proposal to develop a plan had to be put together so that the City Council could allocate funds for the plan to be developed. Shardlow stated that he they would be willing to assemble a proposal for the Park Commission to submit to the City Council based on the available information, and including an estimate of the costs involved based on a specific program for developmg the plan. He stated they will also design a program for developing the plan which wou include a number of options, and to give the City their best recommendation for an outline for accomplishing this. Discussion ensued regarding the various steps which MINUTES OF THE ORONO PARK COMMISSION MEETING THURSDAY, JANUARY 6, 1994 "xQuld bcjutiUzpd in accomplishing this including the best method of obtaining accurate community representation. The old survey was discussed. It was felt that articles should be published in the newspaper prior to another survev being done to alert the citizens to what was going on and the issues involved. It has been found that this encourages better representative responses from communities. Shardlow stated that his 6rm will submit a work program for the Park Commission to review. He stated that as consultants they will suggest a design for a process and review it with staff prior to Park Commission review. Vongries stated that he felt they should proceed with the proposal, but that it would be a mistake to rush through it in case sotne important aspects were overlooked in the process. Wilson commented that she was gla the consultants were familiar with the City and the uniqueness of the community. Wilson moved. Use seconded, to have Shardlow, Dahlgren, and Uban put together an estimate and proposal to develop a Park Plan for the City of Orono, including a cost estimate. Ayes 6. Nays 0. (#4) PARK COMMISSION AGENDA FOR 1994. This item was continued to the next meeting. (#5) REPORTS ON SKATING RINK MONITORING (LILI MCMILLAN) McMillan stated that the ice at the Hackbeny rink was unsuitable for skating and it appeared as though snow had fallen on it after it was flooded. Use commented that Bederwood was excellent for skating until the Thursday before New Years, when it was flooded while it was snowing and warming up. She was concerned about the policy of flooding rinks without checking their condition or the weather and felt that the weather should be taken into account in determining whether the rinks were to be flooded or not. Snow removal and the possibility of developing a policy regarding this was discussed. Discussion ensued regarding the possibility of closing two rinks and maintaining two, in order to achieve better ice quality and snow removal. The Commission felt that this needed to be discussed with Public Works Director Gerhardson, and Vongries volunteered to meet with him to discuss this and determine if a better means of maintaining the rinks could be achieved. The Commission decided to keep monitormg the rinks throughout the winter and make a decision regarding them once the season was overwith. (#6) PREPARATION FOR FEBRUARY 7TH PUBLIC MEETING AT WHICH OLD CRYSTAL BAY SITE WILL BE DISCUSSED WITH INPUT FROM MINUTES OF THE ORONO PARK COMMISSION MEETING., THURSDAY, JANUARY 6, 1994 NEIGHBORS. REVIEW OF .MAP REQUESTED FROM CITY STAFF .McMillan reviewed the draft letter regarding the public hearing on the Old Crystal Bay-'^ Site scheduled for the next Park Commission meeting. It was suggested that the time, date and place of the meeting be prominently displayed at the top of the notice. Otherwise, the Commission felt the letter was very clear and well done. (#7) REVIEW OF PRELIMINARY PLAT PLAN FOR DICKEY/COFHN DEVELOPMENT Dick Putnam was present and handed out a notice for a neighborhood meeting which included copies of the proposed plat. He showed aerial photographs of the sites, and reviewed the wetland issues. He discussed the potential for trail connections to the Luce Line Trail and parks. He reviewed the revised plat and discussed the changes from the earlier submittal. He noted they have been able to create a wetland area and a pond system to mitigate the wetland alterations that will need to be done to develop the property. He stated that the State Historical Society and the State do not have any records in existence which identify the site as an historical site. He commented that if the lot was designated as an historical site, the highway corridor may not be located where it is presently proposed. He stated they have not been able to get any official designation from any government agenc)' that will affirm that this is an historical site. MnDOT has hired a consultant to determine whether this is a Native American site requiring preservation. He commented that there are a number of Native American spiritual leaders who believe that this is a site of historical significance requiring preservation. The process of affirming this will take some months yet, and he did not believe a determination would be made prior of May of 1994. He noted that this determination would have to be made prior to construction of the highway corridor. If it is determined that this is not an historical site, then decisions wall have to be made regarding whether it should be used as a park or developed as a single family lot. The parcel is located in the area designated as the second phase of the development, and Mr. Putnam did not feel the delay would cause any problems wdth the rest of the development. Discussion ensued regarding the location of the wetlands on the property and the mitigation requirements. Mr. Putnam reviewed the proposed trail locations and the possible connections to the Luce Line trail through the Department of Natural Resources property. Mr. Putnam commented that the old bam and farmhouse are worthless and would be tom dowTi if not acquired as an interpretive center by some body. The consensus of the Park Commission was that the interior trail locations were acceptable as proposed until some determination was made regarding the historical sigmficance of the site. Mr. MINUTES OF THE ORONO PARK COMMISSION MEETING THLTISDAY, JANUARY 6, 1994 Putnam stated they would be starting construction by June at the latest. He revised the proposal for the Coffin property and noted that there will be 20 lots. He rcwwed the location of the trail, and commented that trails seem to enhance property value rather than decrease it. He sUted that the subdivision does not lend itself to having'^ A neighborhood park because of the sire of the lots. Discussion ensued regarding the type^ of neighborhood park the Commission had in mind, and it was concluded that the type of facilities and play structures were usually provided by individual families in their own back yards. Flint commented that this was one of the frustrations in not ha\ing a fully develo^d Park Plan in effect, and it was difficult to determine what the area needs were when developments such as the one they were discussing were considered. The Park Commission concluded that Park Dedication Funds were the best option in this instance for park dedication requirements for the Coffin property. These will be detennined based on the appraised value of the land. The possibility of the historical site becoming ratified were discussed. ADJOURNMENT It was moved by Use, seconded by McMillan, to adjourn the meeting of the Park Commission at 10:30 p m. Ayes 6, nays 0. Richard N. Flint, Chair I r * CITY , 1I ORONO City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ A RESOLUTION APPROVING THE PLAT OF COUNTRYSIDE MANOR / WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat by DiCon, A Minnesota Limited partnership, the subdivider; and WHEREAS, the subdivision has been found to meet all standards of the RR-IB zoning district and the Orono On-Site Septic Code finding that each lot is of a size and configuration that will allow its use as a single family residence to be located without the neea of any setback variances; and WHEREAS, Outlet A is not platted as part of this scheme but is intended for future development. The conceptual plan showing total development of the 93 acres has been reviewed only as far as it relates to the current 6 lot plat. All future development of Outlot A will be subject to all requirements of current zoning and the CMP; and WHEREAS, the subdivider has completed all requirements of — V ^ W V w I w ^ ^ ~ the platting regulations of the City, including; ; / 1) Dedication on the plat of drainage and utility easements. 2) Dedication on the plat of rights of way for public streets and roads, shown as Old Crystal Bay Road South, Watertown .Road, Willow Drive South and Countrysiae Dr^— 3) The subdivider has dedicated to the City a road and utility easement granting to the City temporary access, improvement and utility easement over that portion of the cul de sac not included in the dedicated right of way of Countryside Drive_ _ _ _ _ _ Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and/or drainageways described therein and shown on the plat as "drainage easements". Page 1 of 2 CITY OF ORONO City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. 1408 ) The subdivider has adopted a declaration of restrictive covenants advising all future benefitting property owners of their share in the responsibility of the .maintenance and repair of Countryside Drive until that time in the future when the subject road is a through road connected to Old Crystal Bay Road South. The covenents further advise that at the time of the City's acceptance of Countryside Drive that It will be the benefitting property owner's responsibility to bring that road upto current City standards. 6) Execution of a Subdividers Agreement providing for installation of permanent street improvements as a condition of subdivision approval. 7) Payment to the City of a Park Dedication Fee in the amount of $1,200.00. 8) Payment to the City for the legal review and filing of the plat and accompanying documents in the amount of $75.00. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono hereby approves the plat of COUNTRYSIDE MANOR, Hennepin County," Minnesota: subject to the following conditions: 1) Lots 1 and 2, Block 1, Countryside Manor and Lots 1, 2, 3 and 4, Block 2, Countryside Manor shall access via Countryside Drive There shall be no direct access permitted onto Willow Drive South. 2) The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before February 23, 1983, together with a certified original copy of this resolution and executed copies of the documents noted above. The approval granted by this Resolution shall expire if the plat has not been filed by th^ date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. 1982. Adopted by the City Council this 23rd pf^ Augfust William B. Van Nest, Mayor Albert^ M. Sfrom,/:ity cTery ^ Page 2 of 2 M Bonestroo Rosene AnderUk & Associates Obd G au ngTOO ^ Urn w Ume Pi • joiept^ C Andp^* PE M^rvm L kxv«a pf ■icrwio E Vne^ PE G-mr t CJOii PE T»-ic»n« E M0¥W PE Bnren G k'^ur»<fn. Pf !juwr M EDe^*^ CP^ *Seno Consucjni Engineers & Architects January 7, 1994 Ms. Jeanne A. Mabusth, Building and Zoning Administi^tor City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Tandem Properties File No. 139-1901 MOkMjie A PE <reh A GoAxyt Pf PE P*cnjio wir Poirrr Pf O Lowtoia pf aooen C iotvA a a A atxyoor Vact A Mamon PE ViiC'aP* 7 taurhjnn Tetj K PE '■?xjrsas t Anflprwr a a Dora«l C PE Thomai E Argus. PE iimart Mamnn PE Mcnae p «ag a C P PU J Pyr^ pf Thomas >^»s oh Pf Michar C Lynch Pf .arres t Maiand Pf D Ppnnch Pf Sloc j Ajgjne« PE Kenrinh P Anjenon Pf Mart ff Us Pf IVU A sr«p PE Ga^ Jir Moner PE Daw j Ejgenon PE A tct Schmrt Pf PhAp j CasM«« PE uar* D \Ai»trs PE MMes S >e^sr* PE L P*s«i0 G#awe- PE Kstpr> L Pf Gary o AhSloAO Pf f two Postrf PE AMh t v;^3p »£ Dcxi^s j *f 9«a«en O Gustafson Pf CecAo Ovtpf Pf Paui G Hrurr Pf John P Gotdpr Pf A f'ickSOh LTO M P*Ae*sAy Marian M OsoPt ja'hes f EngpihaWl Dear Jeanne, We have reviewed the preliminary grading and drainage plan prepared by Coftin & Gronberg, Inc. for Tandem Properties. The property is located south of Watertown Road. to the west of Old Crystal Bay Road on the Coffin Parcel and to the east of Old Crystal Bay Road on the Dickev Parcel, in the North Half of Section 4. There are several issues that 0 need to be addressed relative to engineering matters. It should be discussed whether the streets will be public or private. The City Code lists the design standards for public streets in Chapter 11. This chapter states that cul-de-sacs and permanent dead-end streets shall be discouraged. Also, that the use of curvilinear or U- shaped roadways shall be encouraged. The maximum length of a cul-de-sac for public streets is 1000 feet with a maximum 10 lots. The two cul-de-sacs proposed on the Coffin parcel are almost 1300 feet in length with 9 lots each. However, due to the location of the numerous wetlands on the property, a logical location for a connecting street is not apparent. On the Dickey Parcel the cul-de-sac shown is almost 1500 feet in length with 12 lots. 1 his roadway should be connected to either Manor Circle or Watertown Road. When the Countryside Manor First and Second Additions were platted, the right-of-way for both Manor Circle and Countryside Drive was extended to the property line in accordance with City Code. The Code states that "If the adjacent property is undeveloped and the street must be a dead-end street temporarily, the right-of-way shall be extended to the property line." The continuation of these streets is necessary for the convenient movement of traffic, effective fire protection, prompt access for emergency vehicles and efficient provision of City services, such as snow removal. A trail outlot should be platted along the east side of Old Crystal Bay Road. 1 he trail alignment should be set and graded as part of the site development. The City Code requires a 26 foot setback from wetlands that are identified in the City’s wetland inventory map. It appears that the only encroachment into these specific wetlands 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 Ms. Jeanne A. Mabusth City of Orono Page -2- January 7, 1994 wiD be on the Coffin Parcel, at two locations. The grading of the southerly cul-de-sac is shown 7 feet higher than the adjacent wetland. The cul-de-sac should be either lowered or moved south to avoid the setback encroachment. The other encroachment is at the southeast corner of the Coffin Parcel where a detention pond is proposed. This appears to be a logical location for the pond which will function to protect the wetland from sediment deposition. All other wetlands that have been delineated are regulated at the State level by the Wetland Conservation Act These rules require the replacement of any filled wetlands at a 2:1 ratio based on area. This ratio applies for replacement with the same type (or a higher quality) of wetland that was filled. At the Federal level the wetlands are regulated by the U.S. Army Corps of Engineers. The plan shows some of the wetland areas that will be filled as part of the site grading, as well as the wetland replacement mitigation area. The wetland alterations and 2:1 compensatory mitigation should be reviewed and approved by the Minnehaha Creek Watershed District (LGU) and the U.S. Army Corps of Engineers. The site drainage is routed through established drainage routes onto adjacent properties. These downstream properties should be investigated for their capacity to handle an increase in storm water runoff. Specifically, near Lot 7 and Lot 5 on the Coffin Parcel and Lot 6, Block 1 and Lot 8 on the Dickey Parcel. Runoff and ponding calculations should be provided for our review. Drainage and utility easements will be required 5 feet wide along all lot lines and 10 feet wide along the roadway right-o^^^ys. Drainage easements should be provided over the ponding, wetland and jbhigatioli^re^^> Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. Ono G Bonefifoa mjDen W «c»ene ♦•t • jo^Oh C <nae<m P£ \A»rvin L Sorvata »c*^a/0 € Turner PE I Coo« *»E ’^►Hxras £ Noyr% ^'’E flbdcn G Scnunc?K PE SuMn M Ebefim C PA •Sfn«» CjnuAsn Mcniva»d A SanM PE A OofOOf^ PE RddefT ff PtefUtfie PE Pcnatd FoK«» P£ navid O Lc PE 4bc^ C Pui*«^ A I A ,e*y A BouftlDo PE iMarfe A Mjruon P£ v»icriae« T Raucmann P£ va n fM PE Thomas » Anoa*wn A > A Donald C auigjAX pe Thomas 6 Anguv PE ;smae< Maftnea PE M<naeg ajC P J Pyne PE Thomas Awenon PE lAchaci C ».yixh. •£ >ames Ma^amj PE je^ O ^*mcn P£ icoft J Argare*. PE V'^wiefh P Anderion ^E Var« 9 lloffSL PE Mart A Se^ PE Gar^ W Monen PE Dan<* J Eogenon PE A Pck Schmidt PE J Casvwei PE Marit O NA^athi PE Maes B Jensen P£ L P^Aip Grave* PE ICa<en L \^>men PE Garv D Ar SXC u E Todd Poster. P£ Keen ff 'wt pE Douglas j Benoe P£ 9vawvn O Gusunor PE Cec-ao O'vier PE Pam G Heuer •£ John P Goioer PE Charles A Enckson Leo M Paweiskv Kalian M Otson f EngePmrdt Bonestroo Rosene Andertik & Associates Engineers & Architects January 18, 1994 Ms. Jeanne A. Mabusth, Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Tandem Properties File No. 139-1901 Dear Jeanne, We have reviewed the runoff and ponding calculations prepared by Coffin & Gronberg, Inc. for Tandem Properties. The property is located south of Watertown Road, to the west of Old Crystal Bay Road on the Coffin Parcel and to the east of Old Crystal Bay Road on the Dickey Parcel, in the North Half of Section 4. The calculations are acceptable, however, more information is necessary to evaluate the impacts on the downstream properties. We expect that many of the septic systems for this development will be mound systems. Several of the septic sites are less than 3 feet above the high water levels of the detention ponds. These sites are on the following lots: jam 2 1584 DICKEY PARCEL: Lot 5, alternate y I^t 6, alternate f COFFIN PARCEL: Lot 11, primary & alternate Lot 1, alternate ^ w These site locations should be modified to provide a 3 foot elevation above the high water level or the ponds should be modified. It appears that the ponds have been designed as "dry ponds" with no permanent standing water. This design should be reviewed by the Minnehaha Creek Watershed District. A baffle weir detail should be provided that shows how it will function without standing water. Also, each of the pond outlets on the Dickey parcel consist of two culverts at different elevations. No detail has been provided that shows the downstream end of the outlet. The elevated culvert will create a high potential for erosion and we recommend a drop manhole structure be added for control. The drainage calculations show in most cases that the future runoff will be less than the existing runoff. However, the runoff will be concentrated through culverts to the property lines which may have an impact on the downstream properties. The pond outlet at Lot 5 on the Coffin Parcel is directed out to the Luce Line Trail. An existing ditch runs easterly 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 I Ms. Jeanne A. Mabusth City of Orono Page -2- Januarv 18, 1994 along the north side of the trail to the existing box culvert shown. The existing ditch and box culvert should be reviewed to determine the drainage capacity available. The DNR should review this proposal. The pond outlet at the most southerly line of the Dickey Parcel is directed to an established drainageway on the Thompson parcel that runs southeasterly Arough the DNR par an then southerly to a culvert crossing at the Luce Line Trail This route should be reviewed to determine the drainage capacity available. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. / - A -7 - ^ ^ To: From: Date: Subject: Jeanne A. Mabusih. Building & Zoning Administrator Stephen Weckman. On-Site Systems Manager January 13, 1994 ;!fl90l Tandem Propenies - Septic Review I have reviewed the septic system testing and design information for phase 1 (25 lots) on the Coffm and Dickey properties and have the following comments. All 10 of the first phase lots for the Coffin property have been tested and approved for primary and alternate drainfield sites suitable for a 5-bedroom home. These sites meet all soil, topography, drainage and setback requirements of the City of Grono and the Minnesota P^’lution Control Agency Standards, Chapter 7080. The 15 lots in the first phase for the Dickey parcel have tested and approved primary and alternate drainfield sites suitable for a 5-bedroom home. Of these 15 lots, 13 have drainfield sites that meet all soil, topography, drainage and setback requirements of the City of Orono and the Minnesota Pollution Control Agency Standards, Chapter 7080. Lot 2, Block 2 has been granted a variance for an 8% slope on the alternate drainfield site and an old well pit must be properly sealed. Lot 7, Block 2 has been granted a variance for an 8% slope on the alternate site. A January 7, 1994 letter from Bonestroo and Associates indicates that an outlot should be platted along the east side of Old Crystal Bay Road for a bicycle trail. Although no trail outlot is shown on the survey, the pnmary drainfield sites for Lot 2. Block 1 and Lot 3, Block 1 could be moved east by 5’ in order to allow a trail outlot to be included while still maintammg a 20’ setback to these drainfield sites. 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' ' ■•/ fy- t v' *• I .V • AJNtll__I__^\Jkj___r%jr%tjL_#j»__ \ <D 0» 04 /'WV* « O ■rjF Tj f;‘rrrrr’"-*'* 41*4^ i; '’v-y / •>i< •T '5 ■' • r>*: V-^:'V eiijl I'mw • ^ • ./Tv* • •'•#*i» •■ 2- 0). • • # •, CD > V) 2 o I I A PHONE NO. STATE OF L DEPARTMENT OF NATURAL RESOURCES K METRO WATERS - 1200 WARNER ROAD, ST. PAUL, 772-7910 MN 55106 FILE NO. February 17, 1994 Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, Minnesota FEB 2 2 55323 RE: TANDEM PROPERTIES, COFFIN/DICKEY SITE, CITY OF ORONO, HENNEPIN COUNTY Dear Ms. Mabusth: We are writing to follow up on the February 3, 1994 nesting with city staff, representatives of Tandem Properties and DNR staff. I'd like to summarize our understanding of the agreements that were made and concerns that were noted. Coffin Property - Most of the discussion focussed on the Coffin Property: 1. 2. Since the existing ditch along the Luce Line and the existing 18** culvert through the Luce Line already are inadequate for conveying runoff under existing conditions, the DNR is concerned about making a bad situation worse. Therefore, it was agreed that Tandem Properties would be responsible for: a. cleaning/upgrading the existing ditch that runs along the Luce Line, replacing the existing 18" culvert, which is in disrepair, with a new/upgraded 24" culvert, and placing a new culvert under the horse trail in the area by the pond (at the east end of the property). b. c. The city has concerns about the potential impacts of the proposed development on the Ryerse property. Some type of emergency overflow is required for handling flood flows in case the lower culvert through the Luce Line is plugged. a. DNR staff agreed to allowing a second, higher culvert through the Luce Line to act as an overflow. b. DNR staff also agreed to consider minimal lowering of the elevation of the Luce Line at this location, provided: the slope in the graded area is no greater than one percent, DNR Trails 6 Waterways staff has an opportxinity to review and approve the detailed plans, and the surface of the trail is restored. As noted during the meeting, any proposed change in grade should be kept to a minimum in order to avoid creating maintenance problems on the trail. AN EQUAL OPPORTUNITY EMPLOYER IL. Ms. Jeanne Nabusth February 16, 1994 Page 2 3. DMR Trails fc Waterways remains concerned about the impacts of the proposed development on the need for future maintenance of the Luce Line. We agree that it would not work to place requirements for any future maintenance adjacent the Luce Line in the development's Association Agreement. We also did not see an indication that the city was willing to commit to working with the DNR on future maintenance. However, this issue continues to be a concern and we hope to see greater cooperation between the DNR and City of Orono in the future on this and other similar sites that have, or will, affect the Luce Line. Dickey Property - After closer review of the plans, DNR is not requesting any changes related to the Luce Line. DNR requests the opportunity to review and approve plans and specifications, related to the above items 1 and 2, prior to any construction taking place. Thank you for your assistance in arranging a forum for discussing our concerns with the Tandem Properties proposal. Please contact Martha Reger (772-7935) or me (772-7910) should you have questions. Sincerely, Ceil Strauss Area Hydrologist c: Martha Reger, DNR Trails & Waterways Del Barber, DNR Trails & Waterways Kim Waldorf, DNR Regional Engineer Shawn Gustafson, City Engineer (Bonestroo and Assoc.) Dick Putnam, Tandem Properties White Earth Land Recovery Project Box 327 White Earth Phone: (218)473-3110 FAX: (218)473-3178 * ■> • *January 24, 1994 * V 'V • • ' n-kv*-'' Pat Dickey 2645 Watertown Rd. Long Lake, MN 55356 -« Dear Pat, - In regards to the a?ea on your property which appears to have a lot of Cultural significance tfT Native Americans, I would like to thank you for your effort to preserve and protect this site. ♦I* In, recent months Indigenous tribal people have been addressing Issues regarding Sacred Sites, Historical Sites. Hearings for possible ammendments to the Netional Historic Preservation Act have been held throughout the United States. Testimony from traditional practitioners. Eiders, Tribal Historlens throughout the US have echoed the same concern, that is, our language. Burial Grounds, sites that have Religious Spiritual significance, (fasting sites, ceremonial sites must be Included and protected the same as historic buildings, battlegrounds etc.), also access to such sites must be maintained for tribal members. Currently possibe amendments to the Indian Religious Freedom Act reflect these concerns. Having coordinated ceremonies with spiritual leaders, (Medicine Men) on your property. It Is our belief the site has alot of Spiritual Cultural significance and should be preserved and protected. If you should have further questions, please feel free to call. OTV of fES 7 1S84 0 Megwetch, (Thank You) Richard LaGarde Community Organizer • • • •• I •) -- 1 '*1 I4' /: V COvpliAticc t:it MqvMCtnf r«qtiirMefitt tzom tri4 localjlovVcfiMnt unit b«for« pr«pacifiq a raplacanent plan.Sttbp. 3. Ivaliiatioa. At provided for in pact §120.0210, ctchaical quastiofia cooctrnia^ thm public value, location, t ce« and* type ot wetland shall be tubaitted to the technical evaluation panel. T.ne local ^ovemaent unit nay use a tecimical evaluation panel to pcedettna.ne public value* location, site, cr type ot wetlanda under its jurisdiction and use this deteruinatLon in edntfiistec 109 the act. Jutland boundaries uuat be detecniocd usio9 the netliodolo9ies in the federal Manual for Identifying and Delineatinq Jurisdicclocal Wetlands (January 19§9)« Wetland type oust be ideotiCied accordin9 to Cowacdln# et al., 1979, Classif i *ation of Wetlands and Oeepwatec Habitats of the United States and accoxdln9 to Onlted States Pish and Wildlife Service Circular Mo. 39 (1971 edition) -Wetlands of the United States.* The technical evaluation panel snail provide Its deterainat 10ns to the local povernuent unit for considesacvon. Sh.* HS S 14.06; IdJB.lQl; 1033.33SS BIST: IB SR 374 •420.0S20 saQaBBawT"^ Subpact 1. Bequireayit. Baccpt for wetlands located 10 teed fields ihut^ce subject to subpart §, and calcareous fees that are subject to tubpart 9, the local 90v€cnaefit unit . nay 00. consider or approve a wetland replactuent plan unless, the local fovemaefit unit finds that the applicant has deaoajtrattd that the activity iapactinq a wetland has coaplied with all of the followin9 principles in descendio9 order or priority I A. avoids direct or indirect iapacts to the wetland that aay destroy or dialn»sh the wetland under the criteria In subpact 3; B. niniuizes the inpact to the wetlano by liaitinq the de9ree or aaqnitude of the wetland activity and its iepleatnta:ion under the criteria m subpaxt 4: C. .rectifies the iapact ty repaicinq, cehabiLitaimg, or restoring the affected wetland under the criteria in suopart 5: 0. reduces or eiiaioatts the iapact to the wetland over tiae oy preservation and maintenance operations ur^icr the criteria in subpart 4; and C, replaces unavoidable impacts to the wetia.nd oy restoring or creating substitute wetland areas having agual or greater public value as provided for in parts 0430.0S3D to 8430.0430. Subp. 2. Application options. An applicant nay either subait the lnfo:uaticn required for sequencing analysis as part of the application for replactsenc plax approval or apply for a prtlia*(iary sequencing dctecalnation fron the Local governaent unit before preparing a replaceaent plan, the local gevernae.* unit aay request adJitional infocaatiOM seeled to aaie a deteralnaltofi. for pcojects iapacting wet2 and areas leia than 0.1 acres the local gaversaenl unit aay peovlde as oa-slte sequencing deteraiaatiofi vitliout wtltiea docuaentat ii\s tro« tr applicant; eicept Cor projects %dilcb are located in ^tlands adjacent to aad within l.OOO feet of outstardiag re^ouxee vaU waters as defined in chapter 7058; trout streaaa as defin.iatec in CQHiissionec*s Order Suaber 3294; aad trout tales as designated in Coaaisslonec*s Order miabec 2230. Subp. 1. Deteraluation of iapact avoidauoe. A. Avoidance aust be required when indicated by part •420.QS40, swbpart 9. 1. Wetland dependence deteraination: (1) Based on iafocaation provided by the applicant, the local governaent unit shall determine if the proposed project is wetland dependent. A project is wetland dependent if wetland features# functions, or values are tssentUl to fulfill the basic purpose of the project. A wetland present at tha site of a proposed project does not aake that project wetland dependent. (2) A project that has been dettcuined by the local goveraoent unit to be wetland dependent is eiempt froo th« analysis of avoidance alternatives in item C. C. Alternatives analysis: (1) The applicant shall provide tbe local* government unit with documentation describing at least two alternatives in additioo .0 tbe proposed project# one of wbicb may be the no-build alternative, that would avoid impacts to wetlands. The alternatives may include consideration of alternate sites or aiteraatlve project configurations on tbe proposed site. The alternatives must be judged by the local government unit as good faith efforts, or the local government unit may require the applicant to redraft them for recensideration. (2] The local government unit shall detarmioe whether any feasible and prudent altccaacivcs are available tha* would avoid impacts to wetlands. An alecrnallve shall be considered feasible and prudent if it is capable of being done from an engineering point of view, is In accordance with accepted engioeecing standards and practices, ;s consistent wir reasonable requirements of the public health, safety, and welfare. Is an environmentally preferable alternative based on 4 review of social, economic, and environmental impacts, and woulc create no truly unusual problems. The local government unit shall consider the following in evaluating alteinatives as applicable: (a) whether the basic project purpose cam oe reasonably accomplished using one or more other sites in thm ^ same general area that would avoid wetland impacts. Am WVrf*4»^4Mif# it Ixloa^t or «o 4r«a not oim#4 bf tiiothot COmL4 CMtOM^l/ b# O^tJlAOd. <J«44. #Sp4fl4#4 « OC'M^fd to fulfill lb# bjsic pucpoM of tilo proposod pro)«<t: fb) tlM ^OMrai tuiUbillty of oltornot# tot coMidorod by tbo oppiicuiiti(c| idiotuoc roatcuAblo oodificat&M of tb«*#. tccfo coafifurotioo. or dmjity of eu* pcojoct would owoi4 to tibtlMdo;<d) offortt by tbo applicnt to occoModoto conotcalotf on tlttniotlwob ioposod by zonlaq andacds oc lofrastructyco. ioclodlAg roquoats for coodltiOMl ® pocoltj# vaclancai, or plaanod vMtit ifoTglfipoiflt ~'C*) tba physical, accaooic, and daoosraptiic ^IrtMiits of tha project. Bconomc coatidaratloos alona do t Mba an altaxoativa not faasibla and prudanc. |J) Xf.tba Lscal sovaennant onit datarminas that faasibla and pr^daat altareatiaa aalatt that would aaoid pacta to aatlanda, it sball daay tba caplacamant plan. If no asibia and prudant altatnatiaa is aaatiabla toac would avoid pacta to uatlaods, tha local povaranaeit unit sball avaluata a raplacaoaat plan foe coopliaoca ultb subparta 4 to d. Subp. 4, batacoination of iopnet olnlolsntioo* h. Aa applicant shall danonatrit# to tho local varaoaat unit a aacisfactioo that tba acti*/ity will nininiza pacts to watlands. lo raaiouiog the sofficlancy of tha plicint'a afforts to nininiza wetland iopacta, tha local vamnaot unit oust considac: (1) tha spatial raquiraoaots of tba projacc; (2) lha location of asistiag structural or ttttal faatocas that nay dictate tha pUcaMne oc confiqucjtion tba proiact; (3| tba purpose cf tba project aiMi bow tha rpesa calatas to piacanarit^ confLiurat ion, or density; tha aansitiviry of tha site design to •a natural features cf tba site, including topoqcjphy, drolo<iy# 4nd eiistin^ ve9et4tior.: (J) tha value, function, and spatial stritution of tbe wclands cc tie site. (S) individual ar.d cuau.iciva ispucts; and (2) in appUcanfs efforts to: (J) aodiCy tha site, scope, »oCiQucati:a, oc density of tha prcjact; (3) cenove oc accosnodatc site Histcaintf ir.cludms zonins, inf cast cuctura, access, oc natural taturtsi aod ic) ctharwisf minimize icpaces. ■ . If the local sovarnnant unit finds that an 1 4 ! <oapLied with tha raqulcenents to uininira ttland ^Ispaets, tba local qovecrjiar.t unit shall list, lo f I ap^Licaat does net withdratf tha projact proposal or iadicnts latent to auhnit aa mendeti pit»|act propoaal aatlafyiaf tbsi local foascanant unit*a ohjactioas. tha atatanant of objaCti<*S snail oasatituta a denial.Subp. 3. Ostacmlnatlss of Ispact ractificatlso. tanporary iaipacta to a wetland auat be ractifiad by repair las. ranahilitatlno >c castociof tbs afCsctad %*atland.h. hctwitlas say qualify foe a no-losa dstarminatioo in part «220 by saatinq all of tba foUowiaq conditions(1) tha physical cuaractscisties of tbs affacted wetland, iaclsdloi qround alaaationa. contours, lalat disaaausns# outlet dlsansions, aubatraca. and bydcoloqlC roqins* aca rastorad to prapto)oct conditions sufficient to snauco that all prapcojact functions sad values are castoradj (2) tba activity is cooplatad and tba physical characteristics of tba wetland are castocad within sU oocitha of the start of tha activityi and O) tha party casponaibla for tha activity provides a patforoanct bond to tha local qoaacnsant unit foe an anount sufficient to ic.ar tha astlaatad coat to castuca tbs wstlaad to praproja^ t conditions. Aa local qovacimaat snlt shall return tha pa. *ocnaaca bond to tha rasponslbla patty upon a daiccaiaation by tha *^al qavaensant anit that the conditions in this item and itan B have baon net. B. Bo applicant shall be granted a no-loss datarsinatloa under the criteria :n Itas A aaca in a tatt-yOBf period for a particular site within a watlacid. aaeapt that repairs to tha ocigiaal project sball be allowed under th# no-loss datacnloation. if tha local qovaennaot unit datacniaas tha request to be nactssar/ and reasonable. C. Wetland ispacts that do not qualify for a no-loss dvtarsiaation accordioq to tba criteria in iten A are subject to rtplacasant under ti'*a criteria in pacts t42Q.0Sl0 to S43B.O430. Subp. 4. Oatacsination of reduction or alisioation of iapa ts over tine. After an activity is conpLeted, fuctbac wetland ispacts fron the draining or flUinq suit be r^duc^ OC elisiaated by saintaininq, operating, and sanaqinq tba prolact in a sannac that preserves and naintaias cenaining vetianJ functions and vslues. Tbe Local qovernnent unit nust require applicants to isplamer.t oast sanaqeiaant prsciicei to protect wetland functions and values. Subp. 7. Onavoidabla inpacts. anavoidable wetUaJ inpacts that reaain after edfocts to ■•ninize. rectify. OC reduce or alininatt then must be replaced accocd4ny to parts 4420.OBJO to JI2Q.043Q. Subp. 8. 'tnds on cultivated fields. If tha wetland is Iccatad Of. a cultivated field, ceplacenent nust be acconpllsoed toroyqh cestcration without regard to the priority order Ih sutpact 1. A wetland drained or filled under this provision ^ to icoili&f aI l4n<l foe c#fi /mcs.Til# i^pJowMc «ist 4a4 r«cofi m cu>tict of tft&iofCico» of tto coMty cococioc for tho county ia ^leh thm fcopocty it iocitod.Colc«o«o f«u. CaiCArtOVA Ims« mm tf tUm CQMissiCMc, mmf hoc filiod# draio#^, of otaoewioo d#9SAdod, nhoUr or partUily. e>r aoy octloo, ymUsa coo CQMiMiCHOf, Hfidor u opprovod 0JM9«OTnt plan. dKidos olldfdtioo Is aocossacf. at providod in part 1420.1010. SAi ns t 11.04; lOJi.iOI: 1028.3355 *. If SK 274 •420.0538 80UCMMT ?LU M appUcatioii Corn pco^ridod h9 Um local 9ov#rciaionc ryp «^<Ud atcacliMnta aappliad b tha applicant, tno roUoiiio9 dooiocncatiOQ oust bo providod. tx:opt that for roplacooofic plant ueilisio^ Cho votlaad baaJi in parts 0420.0700 to 8420.0740, itans 8 and O do not apply; ioataad tat applicant shall tubnit tht ertdit tcanaftr fora prtscribtd la pare 9420.0740, tubparc 2. iett 8: A^. ocpanlrational inforaat leu, lAClodinq thm follow lag: ^ CU tb# post offict address of tba applicant; %/ (2| for corporacions. tha principal offlctrs of tbt corporation, any parent companies, ocmecs, partners, and )Oine ventsrers, and a desigxtated contact person; V (3) aanaglng agants, subsidiaries, or consultants t.Mt are or nay be invnleed with tbc wetland draining or tilliag oroiact; !•. .either an affidavit confirning that tha wetland /alues will be replaced before or cjncurreu^ with the actual Irslnlng or filling of a wetland or an ircevocabla bank letter )f credit or other security acceptable to the local gcvernMcc mit to guarantee the successful completion of the wetland value 'eplacenent; C. for the iepacted wetlind: ID a cccenc aerial phcto^ciph or icc»icate map of :oe impacted wetland area: %/ (2) the location of the wetland, including the :cu#\ty. watersnad name or number, and public lard survey .oordlnate of approiimate wecixnd center; V (3j the iire if the wetland, in acres or scuart 'eet; ^ wetland using United States Fish trsd midlife Service Circular No. 39 {H;i edition) and National etlanJ Inventory mapping conventions (CowarJin et al., 1979); V (9) a lift oC the dominant vegetation in the lapacfed wetland area, including common names of the vegetation percent co*/erage and an estimate of coverage, for rasp e, 50 percent willow, 20 percent cattails, and 30 percent X- sedge:yy (4) a loUs mmp of tme site sbowimg soil type smdsubstrmce, where available;✓ 17) the sue of the mececsteed that dcaiaa smcfece wetec imeo the wetlemd as detacaiaed ttm a United States it Serves topeecapbicel map or other siaitmblt(8) the local ions of any awefact inleta oc omtlats# natural or otbervise, draining into oc omt of the wetlands, aod if the wetland Is within tae Clv-odplaia of a stcaam, river, or ether wateecomrse, the distemce eod direction to the watacooefsei 19) e nap* photogrepb, or written deacrtptlom oC the land ese of the isMediate watershed witaim ome mils of the impacted wetland. The sutrommdiiig lead use imformatiom sball also indicate the presence and localiom, if any. Of wetland pceservattoa regions and araas, wetland developnent avoidance regions aod areas, and wetland daflclent regions and areas as identified in the comprehensive water plan; (13) the iiatare of tha proposed proyect, its steal eatemt, and the impect om tba wetland most be shomm to • sufficiant detail to allow the local government unit to determine the emomnt amd types of wotland to be impacted amd to demonstrate coapllance witb the replacement segnencing criteria ia pact 8423.0520, If applicable; (111 evidence of ownership or rights to the affected areas, Ucluding a legal description. When two or OOtf landowners are involved, incladiog been the impact site and the proposed replecemen: sice, a contract oc othac evldecca of agreement signed by all lacdnwnecs and notarized must be included with the replacement plan. The contract or agrmeoent most contain an acknowledgment of the covenant provisions in item D. subitem (4>, by landowners on which a replacement ^»cLand IS proposed and the location and acreage of cepkacement wetlands. The contrset becomes binding upon final approval of the replacement plan; (12) a list of all other local, state, and tederal pereits and approvals required foe the activity; and (13) other information considered oecessar/ by rhe local government unit for evaluation of the activity; O. foe the replacement wetland, Itee C, subitems (i) CJ (7) and (U) to (13) , and: (1) an eiplanatinn of the s.ze and type of wetland that will result from successful completion of the cepiacement plan; (2) scale drawings showing plan and profile views of the replacemenc wetland and filed photo-refecence points Cor monitoring purposes.* Photo-refeceoce points should inclcdm views of any ccntrol structures and enough additional points to adequately depict the entire pco)ect: tfim tmgUcmmikt ^mtlsmd hmtot «vc«v4tioo ot r«seor«tiofi by block inq* tile; tb# typo, tiio* 40d bpocificotiomo oC outloctnictiftcoo; oio-zcciou, roUcivo to mrn^ S#o Loool oc stobllobod bMcb mot%, ot boy foototts, foe oooopio, sill, oot^oficy oooeflow, ood ttrocturo bolb^t: ooJ boot OMuiofoooiicoiil bo ioploM3tod to proooat orooloii oc Oitot^rodotloa;C4] foe crooeod wotloods ooly, oMitiooal soils aforaotioo sufficioet co dotoraiao cm copobtlicy of tbo slto 3 pcodueo Slid Miocsio MtUsd cMroctor 1st less (5) A claocAbio chot cioAcIy stotoo boo sad oboa l*^ foplAcoaonc plao sboll procood, muA nhon oascmceton of tiio roplscoaoDt ooclAod ahaII bo flaoUsod; (4) A notico 111 A fora pcooidod by tbo board ctACr^d to and rocordod oUb tbo dood foe loads coaCAisiM s tplscoaonc Mtlaad, opocifytA9 follooia^: (A) tbo locAtioo of CM rtplAcoaoat woe load: lb) that tbo wotlojid IS sob)ect to cbo oct: lc) thAt tbo foo title oraoc it tospootlblo 30 tbo costs of ropsirs oc rocoastrace loti* if Mcostary, or for tplACoaoot costs; Cd) that roASorvAblo accost to tbo •pUooaoat Mtland tball bo orantod to tbo prcpoc aotboritias >T iospoctlcat aoaiiocirvA# and oaforcoaont purposos; (A) tbst costs of titlo rovioa and docuaoot ccordifio U tbo cospoMlbillty of tho foo title ownot; aad <f) tbac tbo local govocaaeat unit or board an rt^ifo nocessory ropaits or reconstruct ion work to etturn bo ootland to tho spoclCicat iwit of the approvoc ceplaceoent Ian and coquirt roiaburtoaont of raasocablo costs fcoa the etlaad ovoor, or caa require cepljceaect of the wetland ccordLnq to tbe act; S ttate'Mnc that the r^placeoent wetland was oc previously cettoced oc ccetred unoec a prior approved eplsceoent plan; (1) a stAtasen: that the replaceeant wet Lind was at drained or fiLleJ under an eteaptior. ducioq the pcevijut ten ears; C>) 1 stiteaent that tne replacement wetland was Ot restored aim financial liaittanco fcoo public conservation r09rats; CIO) j stateofot that tr.e replactaenl wetland was ot restored usin9 private funds other than those cf the andevner. unless the funds are paid bacd with inieresc to the ndivi^al or crganiratlon t<iac funded tr.e restoration end the n 171 ual or orqaniijtion notifies the local qoverr.eent unit in •ritiiyj that the rtstcred wetland oa/ be corsidored fer epLacement; (llj a p*an foe aonitocinq the success of the replace—nt plan in oeetifiq the project ycal la asblteo CH« as specified la parts Mid.0410 aad 1420.0420; aod(12) otber lafocoatioa couidaced accessary foe evalsatloa of the pco)oct by tbo local qoooraaeat salt*0. Tbe appllcaat aast pcowida iofocaatioa kaooo to tbe applicaac or readily ovailabla coocaraiaq tbo spaclai coasiAaratloos ctiteria la pact 0420.0540# sabpatt 9* lAi M s 14.04: lOll.lOl) 1021.ms USTs 10 SB 274 0420.0540 mtnjcmBn wum KmunnoB cmitiBiii. Subpart 1. Saqaeaciap, leforo coasidaratioa ot approval of a feplactMat plan# tbe local poveraoent aalt osst eooace that tbe applicant bat osbausted all possibilities to avoid and aisiaite adverse wetland lapacts accordiaq to st^ieaciao in pare 8U0.0520. Tbe applicant ssist deaonstrate to tbe local qoaeraoent volt that tbe repiaceaent plan coaplies witb this part aad part 8420.0S50. Svbp. 2. Type of replaceoeat. The order of prefeCMCO fot the aetbod of replaceoeat# fron oost preferred to least preferred# is project*specific restoration# project-SpeclfIc creation# then wetland baokia9. Modification or coaversion of noadeptided wetlands froo one wetland type to anorber# foe esaaple by iapovndnent of addlti<ml water# does not constitute adequate repiaceaent# tfetlands dralred or filled endec an ereaption nay not be restored for repiaceaent credit for ten years after dratnin9 or flliin9. Subp. 2. Ttniog of ceplnceneot. Repleceatnt of wetland values east be conpleted before or concur rent witb tbe actoal draininp or fillioq of a wetland# unless an irrevocable ban! letter of credit or other security acceptable to the ctspoiislble qovecnaecit cnit is subaitted to the responsible qovetnaent unit to puarantee successful coapLetion of the repiaceaent. bll wetlands to be restored or created for replaceaeat eust be desl9nat«d foe repiaceaent before restoeatiori oc creation. Suoaission to the IucaL qo/emiient unit of the inforaaticn required in pact 8420.OMO and subsequer.t approval shall be cohsiJeceJ evidence of desiqnatlor for cepiaceeent# provided the information is subaiiteed before the actual cescoration or crtac tor.. Subp. i. Location of repiaceaent wetlands. RepLactneM wetlands shall be located within the saae watershed or county as tbe inpacted wetlands, except that counties cr watersheds in which 00 percent or acre of the presect lecent jcrea9e is Intact nay accoepltsb repiaceaent in counties oc wacecsbeds Ir. which 50 percent or acre of the presettleseot wetland acreaqt has been filled# drained# oc otherwise deqraJeJ. Repiaceaent wetlands should be located as close to the tapacted wetland as possible# preferably in the saae watershed. tX Countryside Manor Homeowners Association January 17, 1994 Orono City Planning Conmaission ATTN.: Jeanne A Mabusih Building & Zoning Administrator Orono City Office Old Crystal Bay Rd. Long Lake, MN Dear Orono City Planning Commission RE: Application #1901 Tandem Properties After much discussion, it is the strong desire of the members of Countryside Manor Homeowners Association that Countryside Drive remain a culdesac and not be connected to the road coming from Old Crystal Bay as proposed in application #1901 Tandem Properties. Ross Nathanson /Joan and Phil Miller 2420 Countryside Dr. 2435 Countryside Dr. <0* Stephanie Grande and Lorraine Kretchman Barbara and Gene Hite 2450 Countryside Dr. Kim and Keith Fritze 2515 Countryside Dr, u Planning Commission January 17.1S>94 Page 2/2 \ I1 • • ■ . . t 1\• ( V i V V W Toni and Steve Schnebly 2555 Countryside Dr. Heather and John Kalita 4^ \ i ' i t •'t/_L r l i LA ri 2590 Countryside Dr. * ^ ^ " Sue and^ivc Pearce ■■ • /> > <^( ■ -■ \ t I J:. •/'< / /. ;.✓ ✓ V w .i »t ♦ \y 1» r JVivian and Keith Bangert 2615 Countryside Dr 130 Manor Circle / • ' t \y / Kim and Brian Billick 145 Manor Circle Sincerely, ■ hT Euj^ene Hit^ Jr. President Countryside Manor Homeowners Association 2475 Countryside Dr. Long Lake, MN 55356 (612) 476-4654 i. hil^ I •• vVff .' %*SJ;5i:*2V*;.: “^st •1^. '\,^ e^Asrr. • ' r^.vKV . . ;. ' TION*• . • . • •' J. Jk • • itcr«i*LAn4 Survey N«^ 1340 C-' f. ' *«, t'* e'^i^.lia IQlj^reby itrUf lhal Iftil firvcy w»i prepared by or ‘'“‘ I »m » <wy "•S'"*'*" r{jFn^Surveyor wodcr lh« of lb* SUtt of Mirreiola. <4; TO ‘roPO. /4Lwsr^:nl/e ii-O’‘ -Pt’/eroxt'j Of^w^ ~ Nor~ • Acc-.^rtA’TS: / . -*• •5 ‘-. ■ vr^t««t /a-7^ His;- ■ ^ fi«5. NO. f. •, ■ r•. ✓r-’^'-' V. ■;' V>.-•..«:< «. • •• A'- = .[•»'..• \ii{ ■. . ■ V if,' ' i: «. r • . . . ••'1'v . ' • ‘SC4L£f/ t INCH* 100 FEET 'dATe'^';- SEPTEMBER 10. 1976 CORDON R. COFFIN LAND SURVEYOR B PLANNER r- oi m o O Z3 3 o 3 O.UQ “n (O -n r- ►—n> z Oi Di (D 7^ 3 n QO O O C/3 (D 13 to Oi Qi O - (X>- o rt Oi n 70 C fD • 2 </>r- o 3 fD •-••Oi 2 • • • • ^ • 3 3 CD U cx m > 00 fD :o to = to to 1 O c -C II rt "1 3 Ch 01 < *—•fD 4:^ 0> 2 O. 1 O "< oo •00 *1 o\ to M»r+h mm * \ \ MINUTES OF THE ORONO PLANNING CO>DIISSION MEETING HELD ON JANUARY 18, 1994 ATTENDANCE The Orono Planning Commission met on January 18, 1994 at 7:00 p.m. with the following members present: Chair Charles Schroeder, Sandra Smith, Charles Nolan Jr., Candace Rowlcttc, Stephen Peterson, Janice Berg, and Dale Lindquist. The following represented the City staff: Building and Zoning Administrator Jeanne Mabusth and Recorder Barbara Anderson. Chair Schroeder called the meeting to order at 7:00 p.m. Chairman Schroeder announced that Item 4^3 was tabled per applicant’s request and Item #8 had been formally withdrawn by the applicant. (#1) #1901 TANDEM PROPERTIES 2645/3025 WATERTOWN ROAD - PRELLMLN.ARY SUBDFVTSION - PLBUC HE.\RING Building and Zoning Administrator Mabusth reviewed the proposal with the Planning Commission. Mark Gronberg, Jim Deanovic, and Robea Hare were present representing Tandem Properties Lindquist inquired if the lot proposed for the park is not determined to be sacred ground would that properiv then revert to a lot and be sold. Mabusth advised that it the land is found to have no historical significance that it would be changed to a single family residential lot, as the Park Commission has no interest in park land in this area. The developer has also requested clarification regarding whether the costs of the proposed bike trail would be deducted from the park dedication fees. She noted that since this is a large development adjacent to Luce Line, staff felt that the trails should be public trails rather than private ones, and the value of trail land would be deducted from the park dedication fees. Chairman Schroeder noted that the Planning Commission had received two leners which he read into the Public Hearing. One was from Manha J. Reger. Area Trails and Waterways Supervisor with the Minnesota Depanment of Natural Resources, and the second was from Shawn D. Gustafson. Principal Engineer with Bonestroo. Rosene. Anderlik &. .Associates. Inc. A petition from the Country side .Manor Homeowners .Association was submitted by Eugene Hite. President. The petition was signed by nine residents of the Countryside development in opposition to connecting Countryside Drive to the road coming from Old Crystal Bay Road as proposed by the applicant. Mark Gronberg, Gror.berg & .Associates, representing the applicant, reviewed the proposal as presented in its current form. He discussed the ponding on the site which will ease the drainage concerns expressed by the Depanment of Natural Resources (DNR). He noted that thev feel it’s an acceptable solution to prevent erosion of the Luce Line Trail, He discussed the average lot sizes throughout the development. The topography on the Dickey property was discussed, and Mr. Gronberg reviewed the drainage patterns on the property. He stated that the DNR was reviewing the plans to ensure no additional runoff would impact the wetland on the DNR property. NflNUTES OF THE ORONO PLANNING COMMISSION MEETINGHELD ON JANUARY 18, 1994 Commissioner Peterson expressed concern about whether adequate water Gronto provided on the site and whether the ponds were for aesthetic pu^ responded that they were trying to accomplish both; to enhance the existing pZid^qu^te 4ter sZgl Disemsion ensued regarding the e.tsnng in the area L whether adequate measures were being taken to prevent ^ problems. Mabusih noted the concern of the Engineer in regard to impact on drainage areas. Eugene Hite stated that they had held a neighborhood meeting which bv the residents of Countryside, and they had noted several "f. f problems in their neighborhood had required mitigating measures to e e y homeowners. He explained that there appears to be a natural * development to causes water problems presently, and they are very concerned about ^ the north will do to increase the runoff onto their properties. He stated that *e e ^e presentlv two houses in their development which have had standing water morof the pas. summer. He su.ed dia. Uie developer has agreed ,o iTthel drain tile on die surface and possibly some type of French dram to help water problems. He noted they had miked to ten of the eleven "‘^,,1^1, development. He noted that there is a lot of runoff on the east stde of Coun^'^^ has required mitigation by the homeowners and there are some ditches that have etched ^rweenThe ll on the south side. TTiey requested U-,a. the City mke steps to ensure that the drainage problems do not worsen in these areas. had added rip rap along the side of his property and noted that the drainage along this ar his property causes problems. Mr Gronbere reviewed the toad location on the Coffin property and explained why the they^hose to plat the subdivision in this way in order to prwerve the existing and ^ A nicriicttinn ensued regarding possible alternative locations for the roadway. wetlands. lowering the cul-de-sac and moving it slightly to the southCommissioner Nolan felt ^a lowering m ^ ^“'^h^noX 'He dUcussXtJe drainage from the development to die south of the Luce from the north. several instances where after heavy ram storms yards are Line Trail and noted disperse. He was concerned about the and exacerbating g ^ ygjopment for the Commission. Commissioner Nolan drainage patterm south look at this area south of the development requested that the C‘ty Engineer be ^ pf watefnoXTm “!^“onth overall, even duough it would be moving more slowly due to the retention measures proposed by the developer. • MINUTES OF THE ORONO PLANNING CO.VLMISSION ^;EETI^G HELD ON JANUARY 18, 1994 Commissioner Smith inquired as to what the DNR would look at regarding drainage issues when reviewing this proposal. Mabusih responded that they would review the hydrological information submitted by the developer and potential impact on the DNR park land located downstream, the culverts of Luce Line, and use of the Luce Line bed as a drain. Discusston ensued regarding maintenance of the trails 3jid culverts. Commissioner Nolan inquired about the septic systems located south of the drainage swale and Mr. Gronberg responded that it would be done with PVC pipe which would be under pressure so that if the system failed, it would not pump anything out. Commissioner Nolan commented he believed it could eliminate potential problems if the septic systems w'ere located on the north side of the swale. Mabusth stated that there is not suitable area for another septic system to be located north of the drainagsway. Chairman Schroeder inquired about the flag lot ’ssue. Mabusth commented that it is not a variance to create a back lot under the new ordinance criteria. Commissioner Rowletie commented she was concerned about emergency vehicle access and fell that a loop driveway or turn-around should be provided tor those lots. Jim Deanovic stated that their restrictive covenants prohibit extra structures on the lots so there will rot be a conditional use permit issue. He stated they are w'illing to construct the bike trail if their cost can be deducted from the park dedication fee. The consensus of the Planning Commission was that the developer should be allowed park dedication credit for the cost of constructing the bike trails as long as they were public trails. Mabusih reviewed the process whereby the park dedication fees are calculated, based on the land value of the property. Eugene Hite commented that the Countryside homeowners would like to see the lot retained as a park no matter what the determination is regarding its historical status. Chairman Schroeder commented that the Park Commission had no funds available to develop the land as a park. Discussion ensued regarding the potential for a neighborhood park, and the consensus of the Planning Commission was that the parcel remain as a park rather than a lot. Mr. Hite commented that perhaps there was the possibility of holding that property as a common area for the neighborhood, and he requested that he be allowed to discuss this possibility at their homeowner’s association meeting. Creative funding methods were discussed. Commissioner Smith inquired about the possibility of providing buffering and screening between Lots 2, 3 and 4 and the Luce Line Trail. Extensive discussion ensued regarding how the City can be protected from difficulties arising from the issue of weUand mitigation when the lots are sold in the fumre Discussion ensued regarding whether Lhe roadway should be connocten or cul-de-saced on both ends with the potential for future connection being reroined. Mabusih reminded the Commission that if the road is not connected, it would continue to be maintained by benefit lot owners. It will have to be privately maintained until such time as it is connected. Discussion ensued regarding whether to connect the roadway or leave it as two cul-de-sacs 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JANUARY 18, 1994 with the easements in place to connect it at a future time. Mr. Gronberg state a would like to accommodate the neighborhood, and keep the cul-de-sacs as propos , u y would like to have the streets designated as public streets. Eugene Hite commente e ^ residents arc concerned about the construction traffic using Countryside Lane. Mahusth explained that many streeL' that are cul-de-saced are private streets, and the Citv Joes not maintain them until they are connected through roads and at that point ey are dedicated as public streets. She noted that the number of lots was sufficient to . connection at this time. Chairman Schroeder commented that it appeared that e Commission did not believe there was a need to connect the roadway at this time, as ong **asemenis are retained to permit connection in the future when the City felt it was necessary to do so. Mabusth reminded the Commission that if it was going to become necess^ to connect the streets in the fumre, they should do it now- while the 'levelopment was ing done to avoid the expense of having to do it later. Discussion ensued regar ing e cos factors involved in roadway construction and the maintenance costs if the streets private. Chairman Schroeder commented that if the City has determined t at t e su ivisi will be built, he did not see the public interest was diveited by keeping it two cul-de-sacs with the option to connect them in the future. Commissioner Rowlette commented she did not believe the Planning Commission could make a recommendation to .i.e City Council until the drainage intormation was submitted Chairman Schroeder noted that the consensus of the Planning Commission was that « proposal was a good one. and he would support it pending resolution of some issues, such as drainage, etc. Commissioner Rowleite moved, Lindquist seconded, to table #1901 Tandem Properties. 2645/3025 Watertown Road. Ayes 7. nays 0. #1893 CHRISTINE A. FREE.MAN. 2240 SHADV3VOOD ROAD - VARIANCES - PUBLIC HEARING Steve Jensen, architect, stated he was present representing the applicant. Mabusth reviewed the orooosal and stated that if the Planning Commission recommended approval it must include the disclaimer that if plastic or geo-technic fabric is found beneath landsca|Kd areas, !hat the existence of such would be in violation of the conditions of approval, and will require immediate removal. Mr Jensen stated that there is no hardcover variance but there was a setback variance. He noted that there is no plastic or geo-technic fabric in the vicinity of the garage. Commissioner Rowlene inquired if there was adequate area to accommodate emergency vehicles and Mabusth responded affirmatively. (#2) MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 1994 (#4) #1901 1903 TANDEM PROPERTIES - 2645/3025 WATERTOWN ROAD - CONTINUED Chairman Schroeder inquired how deep the ponds would be and Gronberg responded that they would be about two feet deep normally, but after a heavy rainfall could become as deep as four feet. Rowlette expressed concern that future property owners be made aware that the ponds serve a specific purpose and cannot be altered in any way. Gronberg responded that there will be easements over them. Greg Laughton inquired if the trail would be two feet lower and Gronberg responded that it will be about one foot lower but the DNR did not want to have too steep a grade because of maintenance reasons. Mr. Laughton discussed the drainage levels on his property and noted that during the hundred year storm even- me water rose six feet. He was concerned about the future drainage in the area. He also felt that the drainage needed to be observed when the melting and freezing cycles were occurring during the winter months, because when the culverts become frozen, the water will back up behind them. He stated he was not opposed to the development, but was concerned that his property would be wetter longer as a result of the proposal. He stated he was concerned about the holding ponds filling up with silt and becoming unable to fulfill their intended purpose over time. Gronberg stated that the wet ponds were implemented to allow for siltation to occur, and noted that once ground cover was established there was ver>' little silt buildup. Mabusth noted that if problems occur with the ponds, the homeowners would more than likely contact the City, and corrective measures could be implemented but it will be the responsiblity of the future homeowners association to maintain drainage facilities. Discussion ensued regarding the efforts of the applicant to address the drainage concerns. Gustafson commented he felt that property downstream will benefit from the plan because the amount of runoff will be slowed, but that ’s as far as they can predict. Discussion ensued regarding the length of water retention and the amount of water that will be controlled. Gronberg reviewed the drainage on the Dickey property. He noted they had shifted the property lines to enlarge Lot 8 to allow for creation of a larger pond. They are also directing the drainage down into a large holding pond which will gather water from the Old Crystal Bay Road area. Chairman Schroeder inquired if there had been any further developments in the determination of historical significance for the proposed park. Jim Ostenson, Tandem Properties, stated they have a written agreement with Mrs. Dickey to respect this site and even if no conclusion is reached regarding the historical significance the area will be set aside for some purpose. He stated that they will have to find an owner for the property, such as the homeowners association or the City. If it were to become just another lot in the development they would have to go before the City Council to get approval for an additional lot. He stated they intend to explore all other possibilities before taking that approach. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 1994 (#4) #1901 1903 TANDEM PROPERTIES - 2645/3025 WATERTOWTV ROAD - CONTINUED Chairman Schroeder inquired whether the Commissioners had any opinion regarding whether the trails in the development should be public or private. Sherokee Use stated that a majority of the Park Commissioners fell that if the lot did not become a park that the trails within the development should be private. Because the determination has not been made on the outlot, it s difficult to make the determination regarding the trails. They feel the trail along Old Crystal Bay Road should be public, but are indefinite about the internal trails at this time. Jim Ostenson commented he felt they should wait and see what the determination was regarding the outlot, and then decide about the trails after that. Discussion ensued regarding whether the trails should be public or private and the Commissioners felt that if there is no park, the trails should be private, but if there is a park, then they should be public trails linking the park to other areas of the City. Schroeder moved. Peterson seconded, to grant preliminarv' approval of #1903 Subdivision for Tandem Propenies located at 2645/3025 Watenown Road, subject to the following conditions: 1. Dedication of plat road within first phase of Dickey parcel subdivision as public road. Cul-de-sac roads on Coffin property shall be a private road. Cit>' to obtain underlying road and utility easements. 2. Dedication of drainage and utility easements 5 ’ along all interior lot lines and 10’ along the perimeter boundaries and adjacent to road right-of-ways. 3. Prior to any site improvements, erosion control as shown on preliminary grading and drainage plans must be installed and maintained until natural groundcover is restored. 4. Prior to site grading improvements, all tested septic sites on the Coffin property must be fenced off The following lots in the first phase development of the Dickey property must be fenced off: Lots 1, 2, 3. 4. 5, 6. Block 1. and Lots 3, 4, 5, 6, and 7, Block 2. Note Lots 13 and 14, Block 2 will be fenced off at the time of the approval of the second phase construction for the interior plat road. 5. Drainfields to be moved 5 ’ to east within Lots 1 and 3. Block 1 to allow for adequate separation for bike trail. 6. Well pit must be sealed within Lot 2, Block 2 of the Dickey property. 7. The following lots have been found to contain effective wetland areas not designated on the City’s conservation area maps: MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 1994 (#4) #1901 1903 TANDEM PROPERTIES - 2645/3025 WATERTOWN ROAD CONTINUED Dickey parcel: Lot 2. Block 1 - Lots 3, 4. 5, 6, Block 2; Coffin property - Lots 1, 5, 6, and 10. Once again, designated wetlands of the City shall be shown as drainage easements on the plat. There are no designated wetlands within the Dickey property but within the first phase of the Coffin property. Lots 1, 2, 7, 8, and 9 are involved with the designated wetland. Developer shall create covenants to be filed on the Chain of Title of these properties advising future owners of the limitations on the use of these areas and the need to first apply to the Corps of Engineers and the Watershed District if any improvements are proposed at some future date before obtaining the necessary pierniits from the City. 8. 9. Developer to install bike trail along Old Crystal Bay Road The Planning Commission would like to see the outlot remain as it is and the internal trails be public trails. 10.Readjustment of Lot 3, Block 1, Dickey parcel, so that 200 ’ is met to rear of 50 ’ front street setback. 11, Drainfields and ponds shall be covered by easements recorded in the Chain of Title and maintenance shall be the responsibility of the homeowners association. 12. An interim cul-de-sac shall be constructed for Countryside Drive from the west, but the road shall be planed through. 6 ayes, 0 nays. PLANNING COMMISSION COMMENTS Smith reported on the City Council meeting of February 14, 1944 and discussed the items which were approved. She noted the Lund Estate item had been tabled. Commissioner Rowlene stated she would anend the March 14, 1994 City Council Meeting as the Plannin g Commission representative. The joint meeting of the Plannin g Commission/City Council was discussed. It was decided to contact Mabusth to determine the most convenient date for the meeting to be scheduled. 8 J REQUEST FOR COUNCIL ACTION DATE: 3/9/94 ITEM NO.: ^ A Department Approval: Name Jeanne A. Mabusth Title Building & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1905 Ken Hopkins/John Powers. 75/85 Femdale Green - Subdivision of a Lot Line Rearrangement (Class I) - Resolution Brief Review of Application The applicants propose a lot line rearrangement involving the nonhem triangular portion of Lot 2, Fairway Hills. This portion of Lot 2, Fairway Hills equals 1.1 acre in area and will be divided into three parcels for future combination with adjacent properties in the Allo-Rae Terrace subdivision. Lots 5, 6 and 7 are substandard in area. The acquisition of additional area will bring lots closer to conformance. Property was approved for sewer and water arxl it has now been officially relocated with n the MUSA. Applicants now seek approval under Section 10.55, Subd. 15(A-3) of credit for v tland area and still meet area requirements of the RR-IB Zoning District. Lot 2 after the subdivision will consist of 2.02 acres (.7 acres wet and 1.29 acres of dry). Because of the lots’ odd shape, the northern boundaries to be divided off Lot 2 would never function as useable yard area although connected by narrow land corridor along the west side of the wetland. The Planning Commission was asked to review the preliminary and final subdivision resolutions and the Council minutes of the 1990 subdivision review (Exhibits G, H and I). Planning Commission was asked to review the intent of the original subdivision review as it related to the requirement that Lot 2 maintain rural standards regardless of sewer. Please review the applicants ’ addendum. Exhibit B. After the Wayzata Country Club offered the property for subdivision, the three property owners of Lots 5, 6 and 7 lost their legal access to the greens area of the golf course. Based on the configuration of land, applicants are concerned that the future owner of Lot 2 would not maintain this area of the yard. The Planning Commission found the request to be reasonable after considering the current proposal. The Planning Commission had no problem with the subdivision as proposed that included the three parcels for future combinations. Mr. Powers would be required to have all three substandard parcels legally combined with his property. Current owners of Lots 5 and 6 have yet to affirm their interest in acquiring Parcels B and C. The Planning Commission advised the applicants that they would have no problem with the parcels being legally combined Request for Council Action continued page 2 of 2 March 9, 1994 Zoning File #1905 with the Wayzata Country Club as long as the substandard parcels were combined with contiguous lands. The Planning Conunission further advised that Parcel B could not be sold before Parcel C is released for sale. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the lot line rearrangement as proposed involving the properties located at 75 and 85 Femdale Green, subject to the following conditions; 1. Parcels A, B and C must be legally combined with Mr. Powers’ homestead property. 2. Parcels B and C may be sold to either the Wayzata Country Club or owners of Lots 5 and 6, Allo-Rae Terrace. 3. Parcel B cannot be sold until Parcel C is sold or both can be sold at the same time. The enclosed approval resolution has been drafted for Council ’s review and action. COUNCIL ACTION REQUESTED; Approval of subdivision of a lot line rearrangement per Planning Commission recommendation set forth in enclosed resolution: or Denial finding proposal in conflict with intent of original subdivision approval of Fairway Hills plat. A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT OF PROPERTIES LOCATED AT 75/85 FERNDALE GREEN FILE NO. 1905 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Kenneth R. Hopkins and John L. Powers (hereinafter the subdividers") of properties legally described as follows: Lot 2, Block 1, Fairway Hills Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the subdividers have completed all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combmation purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds subdivision of a lot line rearrangement for Kenneth R. Hopkins and John L. Powers as shown on the Certificate of Survey by Raymond A. Prasch, a registered land surveyor of Lot Surveys Company, Inc., dated December 22, 1993, revised January 17, 1994 and attached to this resolution, subject to the following conditions: 1. Upon approval of this subdivision by the City Council of Orono, the owner of Lot 7, Allo-Rae Terrace, must apply to the City for legal combination for tax purposes with Parcels A, B and C as described in that same survey. Page 1 of 2 2.Parcels B and C may be sold to either the Wayzata Country Club or owners of Lots 5 and 6, Allo-Rac Terrace but Parcel B cannot be sold until Parcel C is sold or both can be released at the same time for sale. 3.The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with the Hennepin County Registrar of Titles Office on or before September 14, 1994 together with a certified original copy of this resolution. 4.The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this 14th day March, 1994. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan, Jr. 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 2 of 2 TO: FROM: DATE: Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator February 17, 1994 SUBJECT: i«^1905 Ken Hopkins/John Powers. 75/85 Femdale Green - Subdivision of a Lot Line Rearrangement (Class I) Pertinent Ordinances Chapter 11 - Class 1 Subdivision Section 10.55. Subd. 15 (A-3) Subdivision will result in the reduction of dry buildable land. Applicants propose crediting of wetland area under this section of code as property is served with sewer allowing for credit of wetland areas. Existing Lot 2 = 3.13 acres (1.02 wet (.73 wetlands, .29 acres drainage easement]) Proposed Lot 2 = 2.02 acres (.73 acres wet) Parcels A, B and C = total area 1.11 acres (.29 acres wet) Other pertinent information for this review: Resolution #2970 final plat Fairway Hills Addition Resolution #2927 CouiKil Minutes 2/11/91 List of Exhibits A - Application B - Addendum C - Plat Map D - Property Owners List E - Existing Properties F - Proposed Subdivision G - Resolution #2970 Approving Plat of Fairway Hills Addition H - Resolution #2927 I - Council Minutes 2/11/92 J - Survey Description of Request Applicants propose the reconfiguration of the northern boundary of Lot 2 so that northern triangular piece of contiguous dry buildable land is divided and would be recombined with pre existing residential lots (Lots 5, 6 and 7. Alio Terrace), review Exhibit J. Properties in Alio Zoning File #1905 February 17, 1994 Page 2 Terrace are substandard in area and do not meet the required 1 acre minimum lot size. The additional lands will improve lot area. Mr. Powers has assumed the responsibility for dividing the three parcels for future connection to his own homestead lot and to the two, northern residential lots. Staff has been advised that Mr. and Mrs. Famand, the owners of Lot 5, wish to acquire the additional area. Lot 6 is being offered for sale and it is the hope of applicant to sell parcel to fiimre land owner or maintain as part of Power ’s homestead. Mr. Powers ’ attorney has been made aware that the City does not allow substandard lots to be created without being legally combined with adjacent homestead parcels. As Mr. Famand is not an active participant in this application, if this subdivision is approved as proposed, Mr. Powers would have to legally combine Parcels A, B and C with his homestead parcel Lot 7. The legal combination of Parcel C with Lot 5 could take place without the resolve of Parcel B. It would be impossible for Parcel B to be combmed with Lot 6 prior to the legal combinations of Parcel C with Lot 5. Section 10.55, Subd. 15 (A-3) would allow a property served by sewer to achieve credit for the wet area as long as the wet areas do not exceed the dry buildable - dry 1.29, wet .73. Please review Exhibits G, H and I. The intent of the City was to maintain above all the standards of the RR-IB mral residential no matter if sewer was provided to the property. The specific notice was set in place as Mr. Powers had expressed an interest in acquiring an easement over the property to achieve access to the adjacent golf course. Planning Commission members advised that such an easement would have to be excluded from the dry buildable area of Lot 2. Issues for Consideration 1. 2. 3. 4. Have the applicants provided adequate supportive information for Council to reconsider its original ruling on the rural dry buildable in the subdivision of Fairway Hills Addition? Although the lot is oddly configured and contrived to satisfy the rural contiguous dry buildable, would you recommend to the Council to reconsider based on the findings that substandard Lots 5, 6 and 7 will be increased in area. Would this area ever function as additional yard area for this property? If you support the current lot line rearrangement application, how many parcels should be created in the northern corridor? 1, 2 or 3 as proposed? Remember Parcel B could not be sold to Lot 6 before Parcel A is sold to Lot 5 in the current three parcel configuration. Zoning File #1905 February 17, 1994 Page 3 Options of Action To approve subdivision of lot line rearrangement being amended to include only ? parcels and that sketch of lot line rearrangement be amended per City's standard boilerplate; or Denial finding the lot line rearrangement to be in complete conflict with the directives and intent of Resolutions #2927 and #2970. CITY OF ORONO - SUBDIVISION APPUCATION PROPERTY LOCATION a Site Address 75 Femdale Green Property Identification Number (P.I.D.) 36-118-23-44- Please check one - Property abstract or torrens? Attach legal description application. APPLICANT: (Owner of I>4 7, Alio Rae Terrace) Name John L. Powers Address 85 Femdale Green City Wayzata Phone (home) Phone (work) 347-7000 _____7ip 55391 OWNER (if different than applicant) Name Kenneth R. and Linda L. Hopkins________ Address 75 Femdale Green______City Wavzata EXISTING LAND USE Phone (home) Phone (work) Zip 55391 Number of Tax Parcels Development Size Present Use (check) 2.39 .73 3.12 Acres Dry Land Acres Wet Land Acres Total, aU parcels Residential; no of units _jL Other (specify)_________ Present Zoning District PROPOSAL RR-IB Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites /V Number of Building Sites: no change 0 Minimum Lot Size; Proposed Use: (check) no change Proposed Gross Density: no change Existing Units New Units Total Units Units per___Acres Sq. feet Dry Buildable Land Residential Other (specify)_________ PLEASE SEE ADDENDUM ATTACHED HERETO. MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPUCATION 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. Certified I^operty Owners List of owners within 350* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 4. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official’s Signature Date 1. 2. 3. 4. 5. Payment of fees (park fees, filing fee, sewer and water assessments). Signed Certificate of Survey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official’s Signature Date FEES Sketch Plan Review (Class I, II & III) XX Subdivision of a Lot Line Rearrangement $200.00 300.00 fc Preliminary Review (Class I & II Subdivision) Preliminary Review (Class m & all non-residential) Final Plat Review (Class m) ‘(Plus any tegal or engineering charges) Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application 300.00 325.00 + 25.00/Lot 175.00 150.00 100.00 The applicant hereby agrees to provide all information required or requested by the Z<ming Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this jq>plication and farther agrees to pay all additional fees established by ordinance. Applicant ’s Signature: Date Owner ’s Signature: Date Kenneth R. Hopkins Date ~ ^ y Linda L. Hopkins 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. b ADDENDUM TO SUBDIVISION APPLICATION FOR PROPERTY LOCATED AT FERNDALE GREEN The property which is the subject of this Subdivision Application and which is legally described on attached Exhibit A (the "Property") is irregularly shaped and includes a long narrow strip on the north side th^ abuts, on the cast, Lots 5, 6 and 7, Alio Rac Terrace. John and Roxanne Powers are the owners of Lot 7, AUo Rae Terrace. Patrick and Carolyn Famand are the owners of Lot S, AUo Rae Terrace. so as to eUminate the long narrow strip on the north side of the Property. The Owner would likf. to divide said strip into three separate parcels, each of which would become a part of a lot adjacent to it on the east. These proposed parcels arc designated as Parcels A, B, and C on the attached survey. The balance of the Property foUowing the proposed re-configuration of the northerly boundary is shown as Parcel D on the attached survey. John and Roxanne Powers intend to acquire Parcels A, B and C. Patrick and Carolyn Famand have expressed a willingness to acquire Parcel C. At present, the owner of Lot 6, Alio Rae Terrace, is not interested in acquiring Parcel B. John and Roxanne Powers have agreed to acquire Parcels A and B with the intent that Parcel B may in the future be sold to a successor owner of Lot 6, AUo Rac Terrace and Parcel C may be sold to Patrick and Carolyn Famand. (Unless and until such sales are made, John and Roxanne Powers will own Parcels A, B and C.) Lots 5, 6 and 7, AUo Rac Terrace, are currenUy zoned R1 A. The acquisition of Parcels A, B and C by John and Roxanne Powers will not have an impact on the present use of Lots 5, 6 and 7, AUo Rac Terrace. John Powers submitted the proposed legal descriptions for Parcels A, B, C and D to the Hennepin County Platting and Survey Department. John Smith and Ron Odegaard of that Department reviewed the legal descriptions and have determined that a registered land survey will not be required in connection with the pro;.»osed subdivision. RUN DATE 01/Z5/H«' RATCH OOSPROP AODR OWCR NAME TAXPAYER NAME/AOOR P. PRW AODR ONNER NAME TAXPAYER NAME/AODR PROP AOOR OWCR NAME TAXPAYER NAME/AOOR • • * ‘ 4 PROP AOOR . ONNER NAME TAXPAYER NAME/AOOR PROP AODR 0»MER NAME Taxpayer NAME/AOOR PROP AODR ONNER NAME TAXPAYER NAME/AOOR • ‘V . i' 'i % •% 50• 5A-11S-2S A1 0011 00111 CNEVY CHASE OR THOMAS L CURRY ETAL THOMAS L CURRY 111 CHEVY CHASE OR HAYZATA HN 55591 58 50-118-25 A1 00A8 00225 NORTHOA^E RO T C CUUUH JR A M A CULLUH T C CUUUH JR A M A CUUUH 22S NORTHCATE RO NAYZATA MN 55591 5A-118-25 94 0002 iS PERNOALE 6REEN e 8UNLER VENTURA ET AL FRANK A 6RETCHEN VENTURA 45 FERNDALE 6REEN. / HAYZATA HN 55591 58 54-116-25 44 0004 00075 FERNDALE RO N TERRY 0 JOHNSON TERRY 0 JOHNSON 75 FERNDALE RO N HAYZATA HN 55391 58 54-110-23 44 0009 00100 FERNDALE GREEN P 6 FARNANO A C H FARNANO PATRICK e A CAROLYN FARNANO 100 FERNDALE GREEN NAYZATA MN 55391 56. 54-118-25 44 0014 00055 FERNDALE GREEN H A A P O MUELLER NZLLIAM A MUELLER 55 FERNDALE GREEN NAYZATA MN 55391 HEM€PIN COUITY PROPERTY INFOOUnON SYSTEM PROPERTY 0»tCRS LIST38 54-118-25 41 0012 00113 CHEVY CHASE OR NALOO L nelson ETALhaldo l nelson113 CHEVY CHASE OR NAYZATA MN 55391 38 54-118-23 41 0051 00220 NORTHGATE RO A A J HILOE JR AL HILOE JR PO BOX 884 JACKSON NY 83001 38 34-118-23 44 0004 00050 ADDRESS UNASSIGNEO STATE OF MINN STATE OF MINN IDNRI CLUCE LINE TRAIL I REPOrr NO. PX45S401 PAGE 8 58 54-118-25 44 0007 00070 FERNDALE GREEN N STEINKRAUS A 8 MCMILLAN HALTER J STEINKRAUS AND BARBARA MCMILLAN 70 FERNDALE GREEN HAYZATA m 55391 38 54-110-25 44 0010 00095 FERNDALE GREEN CHARLES A HULSE CHARLES A HULSE 95 FERTmALE GREEN NAYZATA MN 55391 58 34-118-23 44 0015 00045 FERNDALE GREEN G BUHLER VENTURA ET AL FRANK A GRETCHEN VENTURA 45 FERNDALE GREEN HAYZATA MN 55391 38 54-110-25 41 0047 00217 NORTHGATE RO LAC ACKMAN LAURESS V ACKMAN C/0 LINOGUIST A VCfMUN 00 S OTH ST SUITE 4200 MPLS MN 55402 58 54-110-25 41 0053 00038 ADDRESS UNASSIGNEO NORTHGATE TNO HOMEOItCRS NORTHGATE TNO HOMEOHNERS UTKNONN • ’♦ . fu•J • ^ 50 54-110-25 44 0005 00085 FERNDALE RO N NILFREO D GAGNE A NIFE N D GAGNE 85 NORTH FERNDALE HAYZATA m 55391 38 34-118-23 44 0008 00090 FEmOALE GREEN J R COLEMAN ABM COLEHAN JOHN R COLEMAN 90 FERNDALE GREEN HAYZATA MN 55591 38 34-118-25 44 0011 00085 FERNDALE GREEN JAR PONERS JOHN A ROXANNE PONEI^ 85 FERNDALE GREEN HAYZATA MN 55391 58 34-118-23 44 0014 00205 NORTHGATE RO A T MORRISON A V G MORRISON ANGUS T A VIRGINIA MORRISON 205 NORTHGATE RO HAYZATA MN 55391 RUN DATE OUZS/nBATCH OOSPROP AOOR (»MCR NAHi TAXPAYER NAME/AOOR St S«-118-2S 44 0017 00211 NOftTHGATE RO TAN THOMPSON III THOMAS H A NANCY J THOMPSON 211 NOHTHCATC RO HAYZATA t*4 55391 he»o«pin county property information system RRW»CRTY OmERS LIST50 54-110-25 44 001000050 AOORESS UNASSIGNEO N0RTH6ATE THO HOMEO»MERS NORTHCATE TMO HOMEOItCRS UNKNOItl REPWT NO. PI455401 PAGE 958 54-118-23 44 0019 00045 FERNOALE GREEN T L A N J LAPERRE TIMOTHY L A NANCY J LAPERRE 45 FERNOALE GREEN HAYZATA MN 55391 JJ PROP AOOR ' OHNER NAW TAXPAYER NAME/AOOR 50 34-110-23 44 0020 00075• FERNOALE GREEN REFMETH R A LINOA L HOPKINS KENNETH R A LINDA L HOPKINS 17325 5TH AVE N PLYMOUTH m 55447 50 34-110-25 44 0021 00030 AOORESS PENDING T L A N J LAPERRE TIMOTHY L A NANCY J LAPERRE 45 FERNOALE GREEN HAYZATA MN 55391 38 34-110-23 44 0022 00058 AOORESS UNASSIGNEO HAYZATA COUNTRY CLUO HAYZATA COUNTRY CLUO BOX 151 HAYZATA MN 55591 . '.J J PROP AOOR OMCR NAME TAXPAYER NAME/AOOR 99 01-117-23 11 0024 00197 HAYZATA BLVD N T L A N J LAPERRE TIMOTHY L A NANCY J UPERRE 45 FERNOALE GREEN HAYZATA MN 55391 99 01-117-25 12 0001 00200 HAYZATA OLVO N HAYZATA COUNTRY CLUB HAYZATA COUNTRY CLUB BOX 151 HAYZATA m 55591 total batch 003 00024 1_ _tjBaaam . ^ 0 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HErt«PIN COUNTY OEPARTI^NT jOF PROPEfg^ TAXATION, BEST OF MY KNOHLEOGE AND BELIEF DAT •11 n if 1 “ > 2 O c 70 m 73 Ui rc H O)c 3) m -< (/) o ■D > Z l>l I ' >> / JLjsl o o » . .m ,« «\ rr ' .r:-.' -oiV.VXJt^EsHoV / CITY of ORON RESOLUTION OF THE CITY COUNCIL NO. ^^70 (S "^r=er^tion of Outlet B, the remaining property set aside for future development and current y by the Wayzata Country Club. 6. Dedication to the City of Flowage and Conservation Easements providing for limitations on the use of and drainageways described therein and shown on the plat as drainage easements. 7. Execution of a subdividers' agreement the installation of certain credit subdivision approval and the posting of a letter o at 150% of actual cost of required improvements. 8. Payment to the City of a Park Dedication Fee in the amount of $10^200.00. 9. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of ♦•ho rihv of Orono hereby aoproves the plat of Fairway Hills Ldition, Hennepin County, Minnesota; subject to the following condition : 1 Pe-mits for residential construction on both Lots 1 and 2* sh^lT be isLed by the City of Orono. Sewer and water permits shall be issued by the City for both Lots 1 «"d ^ The billing for sewer and water usage shall be the responsibility of the City of Orono. Lot 2 has received creLt of the previously = .^^^he^Ts 91 ""f eecharges against the property. Based on f®® scheduled, a sewer connection charge for Lot 1 is 57,224.57 and a water connection charge is $3,531.18. y Buildinq permits will not be issued for new construction until utilities are installed and the access road has been approved by the City Engineer for safe use by municipal inspection vehicles• 1 Pinal utility and road construction plans must be approved by the City prior to installation. d The subdividers and future owners are hereby advised oranting of access easements involving Lot 2 may that any 9 acres in area of dry contiguous lands and rh^r?he existing standards of the ^RR-IB z’oning district shall^bo effective even though municipal service has been provided to Lot 2. Page 2 of 3 o o .* I_ ^ . A ^ «l .. CITY of ORON RESOLUTION OF THE CITY COUNCIL NO. ^970 _ A RESOLDTION APPROVING THE PLAT OP FAIRWAY HILLS ADDITION PILE NO. 1615 WHEREAS, the City of Orono ^ organized and existing under the laws of the State of Mrnnes and WHEREAS the City Council of the City of Orono adopted subdivision regulations for the orderly, economic safe development of land within the City; and WHEREAS, the City Council has considered the "ence to be fully developed without the need of any variances; and WHEREAS a portion of the property has been assessed a sewer and Lo'ts*^ 1 2' althou|h both lots meet the squired r^ral standards for residential development, and WHBREAS, the subdivider has completed all requirements of the platting regulations of the City, including. 1. completion of all the requirements of Resolution *2927. 2. Dedication on the plat of right-of-way for a public road shown as State Highway Ho. 12. 3. creation of a new private driveway shown on the plat as Outlot A. 4. creation of this private driveway, ''enbdYvTderrhavf dedicared to the City utilities and the Granting to the City permanent access, access ,,^5, ity easements over said outlot; the improvement declaration of certainsubdividers have ^c^r^^t^^^^ abutting and/or maintenan owners covenants and agrees to permanently rin“\n a’nd^ray »f maintenan^ce for said private driveway. ^ 3 o o >• / CITY of ORON RESOLUTION OF THE CITY COUNCIL NO. ------------------------------------------------- by the Wayzata Country Club. 6. Dedication to the City of Flowage and Easements providing for limitations on the use and drainageways described therein and shown P drainage easements. 7. Execution of a subdividers' agreement installation of certain ,®ter^of creditsubdivision approval and the posting of a letter of at 150% of actual cost of required improvements. 8. Payment to the City of a Park Dedication Fee in the amount of $10,200.00. 9. Payment to the City for the legal |Uo 00 the plat easements and covenants in the amount NOM, THBREPORB, BE IT RESOLVro ‘hat the City Counc^^ of the Citv of Orono hereby approves the plat of AdditioL Hennepin County, Minnesota! subject to the following condition: 1 Permits for residential construction on both Lots 1 and T* K 1 1 Ho i <ssued bv the City of Orono. Sewer and water permits lhall be issued by the City for both Lots 1 »nd 2^ The billing for sewer and water usage shallThe Dll 11 y Citv of Orono. Lot 2 has received cre5??“f the^rcviously^alLLed water and sewer unit I^arges againft the property. Based on th® 1^1 scheduled, a sewer connection charge for Lot 1 is $7,224.57 and a water connection charge is $3,531.18. 2 Building permits will not be issued for new until utilities are installed and the access road ha® been approved by the City Engineer for safe use by municipal inspection vehicles• Pinal utility and road construction plans must be approved by the City prior to installation. 4 fPKm. ciiHHividers and future owners are hereby advised iw-Zanv orfnting of access easements involving Lot 2 may that any g acres in area of dry contiguous lands and ^r^'^hs «!st"ng standards of the WlB toning district shtll'bS JffectiJe even though municipal service has been provided to Lot 2. Page 2 of 3 o o ^1-:; i< r*V ;l -T f^' CITY of ORON RESOLUTION OF THE CITY COUNCIL NO. TTrhe aforesaid plat shall be ^ir^s^ofVi^e ^or^the with either the Hennepin County Recorder 1991 Registrar of Titles office on or before together with a certified original copy o ^.g noted and executed copies of the easements and above. The approval granted by this Resolution shall expire^if the plat has not been filed by the date specx.ied ab . event, it will be necessary to file a new application with the _ City of Orono for subdivision review. Adopted by the City Council of the City of Orono on this^lOth day of June, 1991. ATTEST: kallin. City Cle^ Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoingjnstrument was acknowledged bofore^me^on this _UJ^ d»y of . Vllailin, Mayor a criy cfiTk'of the City of Orono?°a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. __rv DtlRLlC • MIMHQOTArS.SSH'CU •d<±y Notary Public Page 3 of 3 EXHIBIT A Lot 2, Block 1, FAIRWAY HILLS ADDITION excq;^ that part thereof lying southeasterly of a line drawn from a point on the southwesterly line of said Lot 2 distant 25.00 feet northwesterly of the southeast comer of said Lot 2 to a point on the easterly line of said Lot 2 distant 66.63 feet northerly of the southeast comer of said Lot 2. Together with That part of Oudot A, FAIRWAY HILLS ADDITION lying westerly of a line drawn northeasterly from a point on the west line of said Outlot A, distant 66.63 feet northerly from the southwest comer of said Outlot A to a point on the northwest line of said Outlot A distance 312.82 feet southwesterly from the most northerly comer of said Outlot A. All according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. 250S63 ifo\ o\CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2927_________ 3. Building pemits will not be issued for new construction until the plat is granted final approval and installed and the access road has been approv^ by the y Engineer for safe use by municipal inspection vehicles. Final utilities plans and road construction plans must e approved by the City Engineer prior to installation. Tne City will ask applicants to execute a developers agreement and provide a letter of credit to cover 150% of the cost of the proposed improvements (see enclosed Developer s Agreement). 4. Applicants are hereby advised that any granting of access easements may decrease 2 acres of lands of Lot 2 and that the existing standards of RR-lB zoning district shall be effective even though municipal service has been provided to both Lots 1 and 2. PIHAL 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 the month: A. 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 Raymond A. Prasch of Lot Surveyors Company Inc. dated December 14, 1990, revised January 22, 1991. 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 a drainage easement over wetlands and drainageways within Outlet A and Lot 2. d) Designation of Outlets A and B per plat drawings. Page 3 of 5 H -%r -N/> CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2927__________ A RBSOLDTION GRANTING PRELIMINARY APPROVAL OF THE PLAT OF FAIRWAY HILLS ADDITION PILE NO. 1615 WHEREAS, Kenneth R. Hopkins (hereinafter "the applicants") on December 28, 1990 riled formal subdivision application with the City two lot residential plat of property legally described in Exhibit A, attached (hereinafter "the property") and; WHEREAS, after due published and mailed accordance with Minnesota Statues 462.3 58 et. seq. of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on January 22, 1991 at which time all persons desiring to be heard concerning this application w ,re given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on February 11, 1991 the Orono City Council considered the subdivision application of the applicants, noting the following findings of fact: 1 The property is located within the RR-IB Single Family Riral Resident: a Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2 The property contains a total of approximately 26.3 acres. All of the proposed residential lots meet the required 2 acre dry contiguous land area, as follows; Lot 1-2 acres Lot 2 - 2.11 acres (1.08 wetlands) Outlet A - 1.01 acres (.75 dry; .26 wet) Outlet B » 20.1 acres 3 Portions of Lot 2 have been assessed a sewer and water unit and shall be served by municipal services yet retain current rural standards for development. Page 1 of 5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2927__________ 4. Lot 1 has been found to have suitable on —site sewage treatment facilities to serv future needs. 5. Lots 1 and 2 have been found to satisfy all rural standards of the RR-IB zoning district. 6. Outlot A has been created for the sole The access road within Outlot A shall Applicants shall develop covenants the road and culverts and the responsibility for of yard areas within the dry buildable portion of Outlot A and eastern portion of Lot 2. 7. Outlot B has been created to define Phe rOTSining portion of the property for future development. Outlot B contains fo sJru^tufeVL of this platting ool/coTse areas consisting of the greens area of the golf course. HOW, THEREFORE BE IT RESOLVED, that °£ more of the findings noted above, the City Council nrono hereby approves the preliminary plat of Fairway Hiiis ^^^Mon ner the survey dated December 14, 1990, revised January 22^ 1991'^by Raymond A. Prasch of Lot Surveys Company, Inc., and approves thrextension of municipal water and sewer to Lot 1, subject to the following conditions: 1 '^he installation of utilities and driveway within p^tlot A* shall be subject to the conditions set resolution approving a conditional use permit and variance for all land alterations. 2. Building permits for residential construction o" both Lots 1 and 2 shall be issued by the City of Orono. Se e and watir permits shall be issued by the City of Orono for both Lots 1 and 2. The billing for sewer and water usage shall be the responsibility of the City of Orono. Based on the 1991 fee schedule, sewer connexion charge for -ot 1 is $7,224.57 and a water connection charge is $3,53i.i«. Page 2 of 5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2927__________ B. LEGAL DOCUMENTS required: a) Title ooinion addressed to the City. All ownersr mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicants must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Flowage & Conservation Easement over the wetlands/drainageways within Outlet A and Lot 2. Please review sample drainage easement enclosed herewith. Please make necessary amendments to include 5hared driveway to be installed and maintained within designated wetland. d) Signed and executed developers' agreement and letter of credit for installation of sewer and water improvements and private driveway. Applicant to provide letter of credit at 150% of actual cost of improvements . e) Signed and executed Access and Utilities Easement over Outlot A. If shared sewer and water lines extend beyond boundaries of Outlot A, legal description must be expanded to include this area. f) Copv of private covenants to cover ownership/maintenance of road and culverts and yard areas within Outlot A. Applicants may wish to expand to maintenance of dry land areas of Lot 2 along east boundaries. C. FEES TO BE PAID: Total Due $300.00* * a) Park dedication - Park Commission will accept park fee in lieu of lands. Rolf Erickson, City Assessor, has been asked to determine the fair market value of the lands inclusive of Lots 1 and 2 and Outlot A. Applicants to be advised as soon as Mr. Erickson has submitted his findings. Page 4 of 5 o V ' ^ *iy CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2927__________ b) Final plat fee * $150.00. c) Legal review and filing fees of $150.00. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11th ay 6L:olaJ ATTHS Barbara A. Peterson, Mayor thy M.City ClerK STATE OF MICTJESOTA ) ) ss. COUNTY OF HENNEPIN ) The forecoing instrument was acknowledged before on 114-h of Fe'bruarv, 1991, by Barbara A. Peterson & Dorothy this of fhe Citv of Orono, a MinnesotaM . c\“?7clel.'o/lhe crt7of' oVonoVTMinnesot j Sinicipal corporation aL said instr^ent «as executed on behalf of the City. fajOaL THERESA L- HAASmMorARV puauo • umNEsorA HENNEPIN COUNy Page 5 of 5 ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1613-JENSEN HOMES CONTINUED A motion was mace by Callahan, seconded by Goetten, to a opt Resolution #2926, granting a Conditional Use Permxt for a non rental guest apartment. Motion, Ayes-4, Nays-0. Motion passed. 11615 GARY MROZ S KEN HOPKINS, 59 FERNDALE GREEN PRELIMINARY SUBDIVISION RESOLUTION #2927 AND #1616 GARY MROZ * KEN HOPKINS, 59 FERNDALE GREEN CONDITIONAL USE PERMIT RESOLUTION #2928 * * Mr. Gary Mroz was present. Bernhardson reviewed the information presented by Jeanne Mabusth in her January 15, 1991 memo. He said, "The City or Wayzata does not object to this property being served with municipal water and sewer. The lot to the south has been tested and could accommodate a primary and alternate septic system. A concern was raised regarding the control of weeds on e properties near Ferndale Green. It would be the responsibility of the owners of the two lots, or the owner of the Out ot, o maintain the easterly portion of lots. Both lots meet the two acre minimum. There is also some concern about developing this property in light of the future Highway 12 corridor. It was felt ?hat such an issue should be left to the individual property owners." With regard to the Conditional Use Permit to cross a wetlands, Bernhardson said, "Appropriate modifications will be made to the wetlands and the drainage occurring through a culvert system, so not to impede the storm water ponding. Mabusth added that the private drive that will serve this oropertY has been pushed to the north side of t.he outlot. She said "This was done to allow flowage from the low lying front yards of lot to the east to flow without restriction to the drainaqeway to the culverts. Mr. Anderson, the Engineer, has met on site with the property owner to the east. The revisions are reflected in the most recent plan, which the City is recommending." Bernhardson noted that the Planning Commission had voted unanimously in favor of recommending approval, but took no position on the sewer and water issue for Lot 1. Callahan asked Mabusth to elaborate on the situation that would exist between the property owners and the Wayzata Country Club. Mabusth stated that early on in this process she was contacted by an attorney representing an adjacent property owner. - 13 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1615 A #1616-MROZ/HOPKINS CONTINUED She said, "There is no legal easement granting access for the adjacent property owners to the Golf Course. I would refer to Mr. Mroz for any information he may have in this respect. I explained to the Attorney that the City must be assured that two acres of dry contiguous land is maintained. With the exclusion of the wetland, and the areas of the 30 foot and 15 foot drainage easements, the dry contiguous is reduced to 2.11 acres. I advised the Attorney that any access easement that is created over that portion of property may reduce that area below the required two acre minimum." Mr. Mroz said, "The property owner in question is John Powers. He had approached us about purchasing the portion of our property that is located behind his house. We informed him we could not sell any portion of the property. Mr. Powers asked us if we would allow the Club to continue maintaining any portion of that property that is not used by the new homeowner. We informed Mr. Powers that we would agree to such an arrangement. I do not believe we can legally grant an access easement." Callahan asked whether the access would continue to be used. Mr. Mroz replied, "It would depend on who owns the property. I would imagine it may be used by the adjacent property owners." Jabbour asked if the City would be notified by the County if the property owners filed an access easement after the subdivision is completed. Mabusth stated that the County would more than likely not provide any notification to the City of such an easement being filed. Barrett stated that the property owners could file such an easement. He said, "If an easement were filed and came to the City's attention, the City could treat it as a violation of our Subdivisio.i Ordinance. Secondly, the City is putting the property owner on notice that, if the easement decreases the lot size, it cannot be developed. That is the practical leverage that the City has to prevent unwanted easements." Callahan suggested that such language be included in the resolution. Goetten stated that she would grant the property owners access to sewer and water because Ferndale Green has sewer and water and the lots do meet the two acre minimum. Bernhardson suggested further amending the resolution to also place the property owners on notice that the provision of municipal water and sewer does not entail a potential reduction - 14 - ORONO COUNCIL MEETING HELD FEBRUARY 11, 1991 ZONING FILE #1615 A #1616-MROZ/HOPKINS CONTINUED in the Two-acre Zoning in the future. Mabusth seated that the City of Wayzata has agreed to allow the City of Orono to initiate and handle the issuance °f permits. She said, "Billing will occur through the City °£ Ld we will tiake any refunds deetiec necessary to the C.ty of Wayzata.” It was moved by Callahan, seconded by Jabbour, to adopt Resolution #2927, granting Preliminary ^he Fairway Hills Addition, as amended to induce notification ^ ^ prooerty owner of Lot 2, that the granting of ®ug to the Wayzata Golf Course may decrease the lot size required two acre minimum; and that both owners of be placed on notice that the provision of municipal Motion! entail a reduction in the Two-acre Zoning in the future. Motion, Ayes-4, Nays-0. Motion passed. It was moved by Callahan, seconded by Jabbour, to adopt Resolution #2928, granting a Conditional ““ Sais-0 to cross a wetland for access purposes. Motion. Ayes 4, Nays J. Motion passed. MAUREEN STEELE-BELLOWS, 265 BROWN ROAD SOUTH rESOLOTION^^#2929*^ bv Callahan, seconded by Mayor Peterson, to adoot* Resolution #29*29 , amending Resolution #28/7 that amended condition of Approval of the Byfield Plat. Motion. Ayes-4, Nays-0. Motion passed. ENGINEER'S REPORT: PAY REOUEST #4 - LIFT STATION #8* It was moved bv Callahan, seconded by Mayor Peterson, to aoorove the fourth and final Pay Request to Northwest Mechanical in' the amount of $2,400.00, for work done to Lift Station t3. Motion, Ayes-4. Nays-0. Motion passed. PAY REOUEST f8 * WELL §3"^It was moved by Callahan, seconded by Mayor Peterson, to approve the eighth and final Pay Request to Keys Well * company in the amount of $10,351.95, for work done to Well #3. Motion, Ayes-4, Nays-0. .Motion passed. rHANCE ORDER #1 ~ LIFT STATION #10 AND #43 Mayor Peterson removed this item from the Consent Agenda. She asked why the City Engineer had not taken into consideration the eventual return of the water table to a normal level. Cook explained, "With a project such as this, we consider only the existing conditions, not what may occur in the future. - 15 - 9urwr90n OftlffUiiv •itt. Oo MTUS mmm lyinq northerly of « • '•utes 00 seconds West frcMi § point on » 611 13 feet sooth alon^ said east Mne vjid Lot ? and lyin^ southerly of a line 48 seconds West fro« a point on said *1 alon^ said east Hne fron said nost of this description the east line of » ninutes 00 seconds East as shoon on T mills AOOr OH lying northerly of a notes 48 seconds West from a point on 415 ?3 feet sooth along said east line lid Lot ? and lying southerly of a line 00 seconds West fro« a point on said along said cast line from said i»st •f this description the east line of Minutes 00 seconds East as shown on f mills ADOITIOH lying northerly of Mnutes 00 seconds West Iron a point ni 215.23 feet south of the iwst the purpose of this description the 0 degrees 00 minutes 00 seconds East MILLS AOOITIOH except that part aring Worth 90 degrees 00 ninutes east line of said Lot 2 distant 611.93 the Host northerly corner of said '"iption the east line of said Lot 2 seconds East as shown on said plat. snutheaslerly of a line drawn Irnm said Lot 7 distant 25.00 feet r of said Lot 2 lo a point oo •ml 66.63 feet northerly of the ADOITION lying westerly of i I nn the west line of said ly froH the southwest corner *rthwest line of said Out lot the Host northerly corner file and of record fn the •md for Hennepin County, iM lo Aoe Terrace Lof 6, Ar/io 'T'trrctcc This property division was approved and accepted by the City Council of Orono. Minnesota at a regular aieetinc held thereof This 199 day of REQUEST FOR COUNCIL ACTION DATE: ^994 ITEM NO. Departmeot Approval: Name Jeanne A. Mabusth Title Building Sc Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #1457 Alan Carlson, 3140 Watertown Road - Request for Third Extension of Preliminary Subdivision Approval Pertinent Ordinance Section 11.10, Subd. 15, refer to Exhibit C. List of Exhibits A - Applicant ’s Request Bl- Resolution #3242 - Approval of Second Year Extension of Preliminary Subdivision Approval (4/8’94) B2- Resolution #3094 - Approval of One Year Extension of Preliminary Subdivision Approval (3/23/93) C - Section 11.10, Subd. 15 D - Resolution #2948 - Preliminary Subdivision Resolution for Twelve Lot Preliminary Plat, Crystal Crest E - Highway 12 Southern Bypass Routes that Impact the Subject Property F - Crystal Creek Plat Discussion The twelve lot plat of Crystal Creek plat received f^r^liminary approval from the City of Orono on April 8, 1991. In early 1992 Mn/DOT developed corridor alternatives that included a southern bypass. The two southern alternative routes have a major impact on the proposed subdivision. Applicant has since requested extensions until the Highway 12 corridor matter is resolved. Review Exhibit A, applicant now seeks a thiid extension as Mn/DOT advises that a final decision will be made in 1995. COUNCIL ACTION REQUESTED: To approve developer’s request for a third extension of preliminary subdivision approval now extending the effective date of preliminary subdivision approval to April 8, 1995. Council may adopt the enclosed resolution; or '.i Request for Council Action coiitinued page 2 of 2 March 10. 1994 Zoning File #1457 Denial directing applicant to either file a preliminary subdivision application upon final resolve of Highway 12 expansion or to file final plat and require documents prior to April 8, 1994 deadline. A RESOLUTION GRANTING EXTENSION OF THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL FOR THE PLAT, CRYSTAL CREEK, APPLICATION NO. 1457 WHEREAS, on March 8, 1993, the City Council of the City of Orono adopted Resolution No. 3242 granting an extension of preliminary approval of a plat proposed by applicant, Alan G. Carlson, involving the property located at 3140 Watertown Road; and WHEREAS, the effective period of preliminary plat extension expires -m * pril 8, 1994; and WHEREAS, the applicant has advised Council that he is unable to fulfill the conditions of preliminary plat approval until the issue of the option of a southern bypass for the Highway 12 improvement is resolved; and WHEREAS, applicant has demonstrated a substantial financial commitment during the review of the preliminary subdivision application. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the effective period of preliminary plat approval for Alan G. Carlson ’s proposed plat known as Crystal Creek involving the property located at 3140 Watertown Road and as originally approved per the conditions of Resolution 2948, adopted April 8, 1991, is hereby extended to April 8, 1995. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 14th day of March, 1994. Edward J. Callahan, Mayor ATTEST: Dorothy M. Hallin, City Clerk Page 1 of 2 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 14th da> of March, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 r:r'/ 4 ta—-> • *. «. . 4 Vrf . A * % .•.. * /—— <• AI , • I ^ A , • j ^2 V A • M ^ - **<W X ^ •' ^ •A A ^ i « Pr MERCHANTS’ GOULD XereKsot, C««t4. S«ii%« E^cUy Welter h Scitaiiiv Prafe^ftioiud Anociadefl Puenc. TreArmeric 4 CopyH^ht Li^nrtrt <100 Mar^tCCft<»tet to Sou'.a E#vf n;a Xll2eapoIii. Xiimaiou £1402-4111 U.Sa. PJLX I Dirtcc J iaJ:324a4433 §12.3314700 ;.uia D. CMLia lUeere T. t ieH Piai 4. Ca<il C. ?efcw»Mt Jehu S. §ovn«r« Al»a G Cirljca ^4fi D. ChirUf £. GolU Coafla^ i. Docflaa A. 3trreon4^« Alb«n L. Uadtr2:Il 0. sUnaiil Mfcaaci 3. L«ikt Ctrtui 3. aamrt MUbwi D. Aciumana L. 4ta ;:?in .V C‘^ffj:7 Mark J. Dificcf^ Tirsoihr K Conrad Alan w iflwiiciyV Difliit W. XeDentid RaadaU A. 7UiM«i Joka P Ao«Btr WkadfX X«Dea»id Lifidi X. 3yr(je Xtr« D Sehuniaii AlbiaJ Veioat Spltn rr. Baali John Heard 4 Greers* Paul Z. Lacy ?Amp f Caepret Grtm? A. yabAid Robert C Boca Sriitxaf V Scrodtlioff C. BniefS Xarl 0. Bchwnipi^ Aodfov D. Sorenaaa Ittk#f<a# X. lo^raichyk ; raadifhfffk AtanO Gorieaa PkiUp 1 Tip Joan a X. XMielic Thoodoro B- Plonat .1 Johi C. Riic4 Caroline G Kai:«^ilc^ Tk0B44 n Bojia Ocpnia R. Daloy • Rotaid A Diifnaiilt .^cocc A. Siini:bfOiur CtarM G. Carttr •LnUiE.Da'^l-fb Jaromt R. J?niu • Dawn M. Lanta • Koi AJmitud JlXtAA0tt«a Afrvti LaiwC L, VteUiC THomao A. Haaoinf Of Cornuoi R. Ctrl Xoy ^arch 8, 1994 Jeanne A. Mabusth Building & Zoning Administrator City ot Orono P.O. BOX 66 Crystal Bay, MN 55323 REt Indian Creek (Now Crystal Creek) Subdivision Dear Jeartnet I am writing to ask that you place an item on the agenda of the next Council meeting. Under Section 11 -JO' aubd. 15, T request an extension of the effective perxod of the preliminary plat approval for one year. In April of 1991, Council granted a prelimina^ aeoroval of my plat, file number 1457. On November 4, 1991, I »r«r« you^xpUlAing th^t the Highway 12 corridor issue has frozen the project. The southern corridor went through rSrieL^"or?h^;r?peity. we discua.ed what action I could take to keep the approvals active and current. we agreed that I ahould^flle a request for an extension of the effective period of the approval. I appeared before the Council on Karch 23, 1J92, and the-issue was thoroughly reviewed. The Council acknowledged ^at granted, and it was noted that more than a one-year extension might be necessary. r \ r* • ^ A * *"* * % f mt • • % r* •»•■<» . • A • A < «• 4 H ^« « S V?/ %%• «*A ••••\wi 1* . • % A •^ ^« m« « Jeanne A. Slabusth March 8, 1994 Page 2 Last ysaXr on March 8, 1993/ an additional one-year extension was granted because there had been no resolution of the highway issue and the picture was as cloudy as ever. When I reguested the extension last year, I noted that even another one- year extension will likely prove inadequate. That has proven to be the case. jlnDot*s public pronouncements have stated that it does not expect the issue to be resolved this year. In the meantime, the indecision about the highway is very harmful to me and the other Orono residents with property alcng the proposed corridors Our best hope is that the Orono Council members will be successful in reaching a compromise with Long Lake. I would be happy to appear before the Council to answer any questions. Thank you for your consideration. Vary truly yours, Alan AGC:Imb CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3242______ A RESOLUTION GRANTING EXTENSION OF THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL FOR FHE PLAT, CRYSTAL CREEK, APPLICATION NO. 1457 P / WHEREAS, on March 23, 1992. the City Council of the City of Orono adopted Resolution No. 3094 granting an extension of preliminary approval of a plat propos^ by applicant, Alan G. Carlson, involving the property located at 3140 Watertown Road; and WHEREAS, the effective period of preliminaiy’ plat extension expires on April 8, 1993; and WHEREAS, the applicant has advised Council that he is unable to fulfill the conditions of preliminary plat approval until the issue of the option of a southern bypass for the Highway 12 improvement is resolved; and WHEREAS, applicant has demonstrated a substantial financial commitment during the review of the preliminary subdivision application. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the effective period of preliminary plat approval for Alan G. Carlson s proposed plat known as Crystal Creek involving the property located at 3140 Watertown Road and as originally approved per the conditions of Resolution 2948, adopted April 8, 1991, is hereby extended to April 8, 1994. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of March, 1993. CITY of ORONO RESOLUTION OF THE CITY COlTVCn. NO- 3242________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of March. 1993, by Edward J. Callahan. Jr. & 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. USDA S. VEE NOTARY PU8UC - MINNESOTA HENNEPIN COUNTY My commission eipires S-U-M Nbi^Tpublic / // Page 2 of 2 tmmrni CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. -^nga_________ h RESOLUTION GRANTING EXTENSION OP THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL FOR THE PLAT, CRYSTAL CREEK, APPLICATION NO. 1457 H)-' NHBRBAS, on April 8, 1991, the City Council of the City of Orono adopted Resolution No. 2948 granting preliminary approval of a plat proposed by applicant, Alan G. Carlson, involving the property located at 3140 Watertown Road; and WHEREAS, the effective period of preliminary plat approval expires one year after the adoption of Resolution No. 2948, such expiration date being April 8, 1992; and WHEREAS, the applicant has advised Council that he is unable to fulfill the conditions of preliminary plat approval until the issue of the option of a southern bypass for the Highway 12 improvement is resolved; and WHEREAS, applicant has demonstrated a substantial financial commitment during the review of the preliminary subdivision application. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the effective period of preliminary plat approval for Alan G. Carlson's proposed plat known as Crystal Creek involving the property located at 3140 Watertown Road as approved per the conditions of Resolution No. 2948 originally adopted April 8, 1991, is hereby extended to April 8, 1993. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 23rd day of March, 199^^ Barbara A. Peterson, Mayor lorothy allinr; City Zlerk Page 1 of 2 s 11.10 A Subd. 14. Special Requirements For Plats. A. Zoning Regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of Final Plat approval. Variances shall not be approved to increase the overall subdivision density above the minimum lot area requirements of the applicable zoning district and this Chapter. B. Public Improvements. The Planning Commission may recommend that all public improvements be installed and dedicated prior to the signing of the Final Plat by the City. If the Planning Commission does not recommend that all public improvements be installed and dedicated prior to signing of the Final Plat by the City, the amount of the bond shall be established by the Zoning Administrator based upon the recommendation of the City Engineer, which bond shall be submitted by the subdivider at the time of application for Final Plat approval. The Planning Commission shall require the subdivider to indicate on the plat ail private and public improvements, which shall be required to be established or extended and any other special requirements deemed necessary by the Planning Commission in order to conform the plat to the Comprehensive Municipal Plan and this Chapter. C. Grading of Site Prior to Final Approval. Subsequent to Preliminary Plat approval by the Counci1, the subdivider may apply for a land alteration permit from the City and upon receipt of such permit may commence construction to the grades and elevations required by plans approved by the City. D. Referral to Other Government Agencies or Jurisdictions. Follow i.ng action by the Council on the Preliminary Plat, the Zoning Administrator will refer the Preliminary Plat and the Council's action to other government agencies or jurisdictions for their review and action as may be appropriate prior to Council action on the Final Plat. __ Subd. 15. Effective Period of Preliminary Subdivision Review. Planning Commission recommendations concerning any Class I Subdivision and the Council resolution concerning any Class II and Class III Preliminary Plat shall remain effective for one year* Failure to file a complete Final Subdivision application within this time period shall be construed as formal withdrawal of the proposed subdivision. For one year following preliminary approval, unless the subdivider and the City agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the City may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may reauire submission of a new application unless substantial physical O.RONO CC 436 (4-1-84) I s 11.10 activity and investment has occurred in 5®3^^ aopcoved application and the snbdivider wil submit a newflLncial damage as a consequence of a requirement to submit a new application. Subd. 16. Final Subdivisions. A. Purpose. Final Subdivision review is the third stage of the subdivision review Process. The legal ocu^ ^ including subdivision drawings are conformity with the intent and requirements of the p approval. B Seouirements. The subdivider is requited to furnish completed surveying, engineering tncorporatTng all the information and/or nn®i“f oreltmin y subdlrf/ron apprbval. All documents completed by the subdivider, reviewed by the City sta r’erk's and approved by the Council . prior to the Mayor's and City C.erK s certifying approval of the Final Subdivision. C Prerequisite. A preliminary subdivision of substantially the same proposal shall have iv is ion Council within one year of the filing of any . each Final nn 1 ica11 on The Zoning Adrninistratior shall rev^ The coning Admi^nistra^t^r-m^-^reTu^e-J ricrls^su^b^ti^nariy^rirf^rlUt «-"S\^hfaip%^=ie°d pfeliminary subdivision, or which discloses zoning ?rmiii"i?rrtorofco^^nc°?i m^?- ^^e^ut^ft^J suSdivider to information required for Pf®ii”i"«y ‘h^^Commission reconsideration may include a new .'^®® The ^ry^^r^po%%^ preliminary subdivision approval date. Subd. 17. Final Subdivision Application. A All Subdivisions. Complete Final Subdivision applications shall inciude one or all of the following to be deUrmined by the Zoning Administrator: ORONO CC 437 (4-1-84) /J //4*0#0 o i'.o \ f-1 W CITYof OROXO RESOLUTION OF THE CITY COUNCIL NO. 2948__________ A RBSOLOTIOM GRAMTIMG PRELIMIHART APPROVAL OP THB PROPOSED CRYSTAL CREEK PLAT PILE NO. 1457 WHBRBASr Alan G. Carlson (hereinafter "the subdivider") on March 22, 1991 filed a revised formal subdivision application with the City for approval of a 12-lot residential plat of property legally described as follows: Exhibit A, attached, (hereinafter "the property") and; MBBRBAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on March 18, 1991 and March 20, 1991 and the Council on April 8, 1991 at which times all persons desiring to be heard concerning this application were given the opportunity to spealc thereon; and WHEREAS, at their regular meeting held on April 8, 1991, the Orono City Council considered the amended subdivision application of 12 lots, 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 2 acres of contiguous dry buildable land within each newly created lot. 2. The subdivision as amended from the original 16-lot proposal finds that each lot meets or exceeds the 2-acre minimum dry contiguous lot area standards. 3. Each of the 1? lots meets the required lot width to the rear of the 50' front street setback line. Page 1 of 8 I o o. ■^Wbo^-" GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 294 8 4. All of the 12 lots shall achieve access via an interior private roadway. No direct access onto Watertown Road will be allowed for an individual lot owner. 5. The applicant has filed the revised preliminary plan with the Minnehaha Creek Watershed District. All conditions of MCWD permit must be met by applicant and included with final drainage, grading and erosion control plans. 6. In a memo dated March 13, 1991, Michael P. Gaffron, Assistant Planning and Zoning Administrator, confirmed that all 12 lots have been tested and found to have suitable areas for on-slte septic development. Since that memo, Mr. Gaffron has received verbal confirmation from the on-site evaluator that drainfields can be shifted or relocated on Lot 2, Block 2 and Lot 5, Block 3 to meet the on-site septic standards of the City. 7. The proposed configuration and overall design of the lots within the plat finds that each lot satisfies the lot standards of the RR-IB Zoning District requiring no variances with the granting of the approval of this subdivision. Each lot can be developed as a residential unit without the need for future variances. 8. The subdivider has provided a future access corridor to the east and shall be responsible for developing the roadway to the eastern boundary providing a temporary cul-de-sac. NOIff THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the revised preliminary plat of Crystal Creek per plat survey dated February 26, 1991, revised March 18, 1991 by Edward H. Sunde, a registered land surveyor under the laws of the State of Minnesota of Sunde Land Surveying, Inc., subject to the following conditions; Page 2 of 8 /.• l!O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 —--------------------------. , . . 1. XTTa^cess to the 12-lot plat must be via the interior plat road. Lot 2, Block 2 shall be served from the temporary cul-de-sac via a 15 driveway easement through Lot 1, Block 2. Owner of Lot 1, Block 2 shall grant temporary driveway easement in favor of Lot 2, Block 2 until the adjacent private road is extended along the southern boundaries of Lot 2, Block 2. 2. Prior to any land alterations for drainage or road purposes, the following septic sites must be staked with fencing, such fencing to be installed 20' from the boundaries of each drainfield test s e as follows: Lot 1, Block 1 Lot 2, Block 1 Lot 1, Block 2 Lot 2, Block 2 Lot 1, Block 3 (southwest corner drainfield site only) Lot 3, Block 3 Lot 5, Block 3 3. subdivider to grant underlying road and utility easements over private road outlots (Outlots A and D). 4. Outlot A shall be installed as a 28' roadway with curb (urban section). Temporary cul-de-sac shall be designated at a 100' diameter with actual traveled turnaround at an 80' diameter. 5 Subdivider to grant conservation and flowage easements over all wetland/flood plain areas defined at or below the 970 elevation. The subdivider should also grant drainage easements over drainageways and storm sewers not located within right-of-way of road outlots. Page 3 of 8 X t AI-Ny CITY of OROXO RESOLUT*'N IF THE CITY COUNCIL NO. 2948 6. Subdivider to execute private covenants for the shared cost in maintenance and upkeep of private road. The subdivider may wish to use the standard form used by the City for inclusion in the private covenants. In additionr the City will expect private covenants to address maintenance and protection of drainageways and retention areas by private property owners. Upon preliminary approv 1 <^f the plat« the subdivider is to draft appropriate private cc.enants to be submitted to the City prior to the City granting approval of the final plat. 7. Applicant shall create a Honw^ewners' Association to ensure upkeep and maintenance of private road. This document must provide for an undivided share of the ownership of said road and future deed transfering ownership of residential lots must include the undivided or equal share in private road. 8. Subdivider to execute a drainfield covenant to be filed against the Cham of Title of each of the 12 lots within the plat in order to ensure future owners knowledge and awareness of the special limitations on the septic liabilities of the rural lots and the need to protect existing sep". Ic test sites. The City requests that the following addition be maua to the original septic covenant proposed by applicant for original 16-lot plat. The following sentence is to be added between sentences 1 and 2: "In most cases> these are the only two feasible sites on each lot» and must rot be disturbed. The existing nature 1 topsoil must remain in place and must nc^ ^ subject to any traffic which will cause even the slightest compaction." 9. The subdi .’^ider shall maintain adequate erosion control per final approved plans by Gerald M. Sun'^e throughout the construction of the road, drainage improvements and until all ground cover disturbed on the property is restored. Page 4 of 8 O O' >- \ X'^.'l^ijj^siv. tj &y '^x CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. __ _ _ _ _ _ _ _ 10. The developer to create easements in favor of the Homeowners Association ove*" Lots 1» Block 1 and Lot Ir Block 3 for the purpose of maintenance and upkeep of the entrance monuments. The City approves the monuments proposed on plans dated December 19, 1989, revised^March 18, 1991 by Gerald M, Sunde entitled "Typical Monument Detail" that defines 5 1/2' high, 10 lineal feet in length, 3' wide monuments to be installed on each side of the entrance of the private road. The final installed height of these monuments cannot exceed a height of 6' measured from elevation of private road. 11. All final grading, drainage and road plans jnall be done in accordance with the directives of the Minnehaha Creek Watershed District permit and the final report of the City Engineer before any land alterat’ons or construction can begin. The subdivider shall execute a developer's agreement that shall include all required improvements. The subdivider shall also provide a Letter of Credit to be written to the amount of 150% of the cost of a] 1 improvements. The Letter of Credit must also be submitted prior to final plat approval by the City. The subdivider is herebj^ advised that building permits shall not be issued upon final plat approval until gravel road base has been approved by the City Engineer and required drainage ponds and controls have been installed and approved by the City Engineer. 12. 0n*"site evaluator to provide written confirmation that the shifting of drainfields within Lot 2, Block 2 and Lot 5, Block 3 will satisfy on-site septic standards of City Code. FINAL PLAT SUBMITTALS The following list of final submirtals must be submitted to the Zoning Administra^'"r two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month; Page 5 of 8 .,"y // i!O o % 3'j^ ' 4»f,/, CITYof OROXO RESOLUTION OF THE CITY COUNCIL NO. 2948 A. 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 Edward H. Sunde of Sunde Land Surveying, Inc. dated February 26, 1991, revised March 18, 1991, b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines - omit along the sides of the designated wetlands defined as drainage easements. c) Designate all wetland areas (areas at or below 970 elevation, as drainage easements). d) Designate all drainageways and storm sewers as drainage easements on the plat. e) Dedication of right-of-way for Watertown Road. B. 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) Executed Drainage Easements over all drainageways and storm sewer lines if applicable (refer to sample easements provided to you with original plat application), to include all drainageways not included within flood plain/wetlands area below 970 elevation.) Page 6 of 8 / ,■ o#o o CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948_________ -r ^ ■ ! d) Executed Flowage and Conservation Easement over all designated wetland areas at or below 970 elevation (refer to original easement enclosed with forme r preliminary plat resolution). e) Signed and executed Developer's Agreement and Letter of Credit to cover all required improvements. f) Signed and executed Road and Utilities Easement over the private road outlets (Outlets A and D - refer to previous samples). g) Signed and executed temporary Road and Utility Easement over portions of cul-de-sac not located within private road outlet. h) Private covenants/creation of Homeowners' Association in a form for filing to include division of ownership and responsibility for maintenance of the private road and drainage facilities (refer to original documents). i) Executed drainfield covenant prepared for filing against each lot to be amended per Item 8 in conditions of approval as noted above. j) Completed "Application for Private Road Name". Subdivider shall have the choice of naming the road within Out lot A and C (refer to original documents). C. FEES TO BE PAID: Total Due $300.00 a) Final plat fee * $150.00 b) Legal review and filing fees of $150.00 c) Parle dedication fee *= $3,200 already paid by subdivider Page 7 of 8 I: t o o nV’^. >« f. ■/ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of April, 1991. Barbara A. Peterson, Mayor ATTEST: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of April, 1991, by Barbara A. Peterson 6 Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said Mr My Commission Expires Page 8 of 8 0*’. - ’ ••I ■• ’•".« ^ Xsij ■ ' Mm r <!'• #*• Mv ' • • .U »>. f t* V " .r •■ . ^rv • ’ ■ ^ '!h • ' ■ JT' ,‘.v f .u \ ^. f •■^aE->-: V■ — ./•:'!;•'•'.i/.v-'" V •V^> ■ ■'■<^ • vr) V, .V.'‘if ' i*l > ..’-V '■ .r 1 ! «<:.,<V .'*%•» k'’^'i \ m-,, ^ •^0 w r ; Li 4 9 A-,}[’, 'f • ,< •'- •m • • •» 'i jj 5 f I $ >?ir. „• %:::v.M *'v. •. !•’ ;* VA&vPt i iL v:' '* ,fi .■^■*>^^ • .. v>*-^ \.V- ■ vl '/i? iW5^‘‘‘-r ^v i ta s .»■"’••■’A \x 'V '. -il^A '' 1^ 4W \ O'l*. ■i- S' ;- ■^■■M')¥^^'' V->i*M /'" * i^isnv , 4.' ■ . .If ■*V-/»'■•• J Uf^‘ 4\ .VA-m \»i•A •'**..•<*■•?*’’ ■ * m> V .T''n, 'a'V9 k* . V4r^ -•■ . i-'V^vcf f^*' • A v>5 ^ ■ ■'- V J, ■ '>• -' f r V Ji ’.V‘\ « I mu wrmn cwraoi* CMivr C»CC« kOm CWrOMC Ok »* «•■ m SN.atA I • omm m */ r'~voninoi c ♦VAr 7 To:Mavor Callahan ai d Orono Councilmembers Ron Moorse, City Administrator From: Date: Subject: N*Michael P. Gaffron, Assistant Planning & Zoning ^ March 9. 1993 1994 Joint Use Dock Licenses: Minnetonka Power Squadron Forest Arms Homeowners Navarre Cove Homeowners Victoria Estates Lauer/Lindahl/Enlow Big Island, Inc. Pheasant Lawn Homeowners Foxhill Homeowners Walters Port Homeowners Sandy Beach Place Nebon/Gage/Carlson % List of Exhibits (for each application) A - Proposed License Resolution B - 1994 Application Discussion The above noted joint dock users have applied for a 1994 license. In each case, unless noted below, all facets of each operation are essentially identical to past years. Following is a brief synopsis of each operation: A. Minnetonka Power Squadron - Big Island - 45 transient slips at 10 docks. B Forest Arms Homeowners Association - 4245 Forest Lake Drive - 14 slips. Dock layout approved by LMCD last year apparently solved problem of lake depth lost due to siltation for the time being C. Navarre Cove Homeowners Association - 2505 Kelly Avenue - 4 slips. D.Victoria Estates Homeowners Association - 540 North Arm Drive - 6 slips. No changes, but note that the last of 6 lots has now been built on. E. F. Lauer/Lindahl/Enlow - 3155 North Shore Drive - 3 slips. Big Island, Inc. - West half of Big Island - 15 transient slips (limited to 15 slips by City Council resolution). J 1994 Joint Use Dock Licenses March 9. 1994 Page 2 G. Pheasant Lawn Homeowners - 2790 Pheasant Road - 6 slips. H. Foxhill Homeowners Association - County Road 15 across from Heritage Lane - proposing 9 slips for 1994. Past licenses have been for up to 13 slips of the 16 total that City would allow if the Foxhill Subdivision is ever fiilly developed. Foxhill’s discussions with LMCD on dock layout in 1993 apparently have resulted in a dock layout meeting LMCD requirements. I. Walters Port Maintenance and Improvement Association - 2699/2701 Kelly Avenue - 5 slips. J. Sandy Beach Place - 3995 North Shore Drive. Originally 7 slips serving 7 cabins, 1 cabin was removed and slips reduced to 6 in 1993. An additional cabin burned in January 1994 and has been demolished, leaving 5 cabins. The license is recommended and drafted for 5 slips to serve 5 cabins. K. Nelson/Gage/Carlson - 500 Tonkawa Road - 9 slips. Of 12 current joint users in Orono, only Big Island Veteran’s Camp has not submitted a 1994 application to date. None of the 11 Joint use docks presented here for licensing have generated any complaints during the past year. Staff Recommendation Staff recommends approval of the 11 joint use dock licenses noted above per the attached resolutions. ,seconded by , to approve the issuance of 1994Proposed Motion: Moved by _____ ______ Annual Joint Use Dock Licenses for Sandy Beach Place, Nelson/Gage/Carlson, Walters Port Association, Foxhill Homeowners Association, Pheasant Lawn Homeowners Association, Big Island, Inc., Lauer/Enlow/Lindahl, Minnetonka Power Squadron, Victoria Estates Homeowners Association, Navarre Cove Homeowners Association, and Forest Arms Homeowners Association per the attached resolutions. Vote: ____Ayes,_____Nays. 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, 1994 TO DECEMBER 31, 1994 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State oi Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the tealth, 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, a; 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 construe, 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. T'his right is u 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 ooating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by threw 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 notetl on Exhibit A itached. Adopted by the City Council of the Cit>' of Orono at their meeting on the 14th day of March, 1994. Edward J. Callahan, Jr., Mayor ATTEST; Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO 7.XHIBTT 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: Jean S. Peterson Address: 1758 Essex Road. Minnetonka, MN 55305 Licensee is:unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other ____________ License Period - January 1, 1994 to December 31. 1994 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 Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior licence maximum BOAT DENSITY Lower Lake Exhibil 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 Exhibits B and C.. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 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 regulatory authorities shall deem necessary from time to time in the public interest. • - •* •. I• • (icio) .• (D-• ••Ii •• •• ♦ \ • 1 U'/ t ft '? s ^»r • • 'S> 5^'r • • .* • ‘ ^ . .• • •• • . ** i’ •• •• •• '.•-i/V--.. •• •• •• •••. • • I V •« • • lotr SUV m • ■ . / ■ ’• h . -* /99i.Sf ••• fiii ♦ ..... •• //il'Ji'Jf’'* NO'r;,. • c SS C .. 2tiCI ..........vr ••///%'. . j:o.:s 1294 i. V . • .On X • j • • . ? 1 8 ra ALVER COUNTS HENNERi (NUtlCRlc. rstfuuiQi^ • IllTERP.RETATIVE'.DRAWIUG OF DIG ISLAIID FACILITY • * • • . * • * ■ •Scale 1" - 200* /f/-3 f/UrJ- ' • • • •• VUS PAIl p ;t JRA n SFCII tNIlRHtu^bo 1969 LORGE 'O. HICKEY. AUDI 1 ORHCNNEfflN CqUNIY. MINN.iNSisM;«Btc ,.w ® ;tlCNNUNN CqUNIY. MINN.^^*i^PUTY iiegistered uju ^ yuavti ho . ^ Q 4 IBNHEl ’lH COU1.TX, HlKNESOTA ••'Mrs payableON WITHIN OESCniBEDpnopciirv ARE PAID n C^MxnfAs. w• .■ t•I ..- f.% J. CJ. r f'‘, •:» /(V/^;£7 ^.: ur^KITC J/i : FV" C.91' i;/ sec.a^a^ N yi .e3H ' U€!y skmrthnf mf €hanw%wl ♦ -Y CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 license year 19_3^ fe66I 6 avw CITY OF 0R0S>0 FIR ARCS OFFICE A^J^^TAI. JOiyT IISF. nocK I irFNSF Am iCATIOJi Pursuant to Orono Municipal Code Section 5. Date Form Sent by City Staff 01 i£H Ac: M w TmTjJJ 1 k/1 45.00 CHECK '■•A ^ V* • \/VCi*l IlLrucn(Wi lUwA •ys: M 4. *.' • VV RECEipr-Wm YOO }i29S740 0001 ROl 710:i OS/09/9 Date Application Returned to City Fee Received S By Employee ... -» T Tr'TTMCP rfoi HRED - It is unlawful for any (group or Section 5.42, Subdivision 2. LICE—^^ • number whether incorporated or not) to a license therefor from the City. 1 OF THE LICENSE YEAR. ^son^TiONCVFORMAllffli Tbo;eR^^D^oP 1. Association title or name (if any)----fn ^^ 2. Lake -------------------------- Person responsible for this application: hOf\^^L... <; MdiM Amn. f Relationship to association 0 4. Association is (check applicable items): unincorporated homeowner s group. ____ incorporated Homeowner’s Association. ~ unincorporated club or recreation group. X incorporated club or recreation group. Page 1 of 5 6. 7. 8. n 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. X. property owned by the group/association. List Dock location and ownership information: Street address 5 lO JT.<, In r\A Legal property description Bi& RfiCn'rA /L/yf '*<r Listed property owner(s) m'mnejnn Names of abutting lakeshore property owners: (North/West) _________ (Name + Address) (South/East> (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. X separate group/association owned policy. List the following information: Name of insured Al / (1f (P/1 ~PoUJf^r SQUadron Name of insurance carrier __GRE In ^UY~r, ir\{i Name of insurance agency JTnp Policy No. ^)GC) Q ^Effective date of coverage 7/.30 .3 Amount of coverage: Publicliability, per person, per occurrence $ f)00^QQC) Public liability, per occurrence $ ,5"^ OOH Page 2 of 5 12. 10. Security aud policing of the joinUy used dock and property is provided by (check applicable items)i ____ fencing ____ security lighting P««nce ____contract security service _____other (specify)------------------------------------- POCKiNFORMATKffl £xhib/f aifo^hed 11 List Dock Use Area Specifications: 666 tz X HI Of T Width of shoreiine: _________ft- U"glh of main dock from shore: --------------«• Dock setbacks from side property lines at shore: -------------- f<- . Dock Construction (check applicable items). X seasonal dock (relocated or replaced each year) ~ permanent piling with seasonal deck ------ permanent piling and decking wooden decking ____ metal decking List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the docK------ List number of slips in each category (-slips' includes boat lifts): Transient (day use only) slips 4£_ Transient (day use) off-shore buoys Permanent moorage slips _-Q-_ off-shore buoys ^ Dry storage (rack) slips -jl:----- ' List number of off-street parking spaces available for users of the joint use dock. Parking if provided must -^ot be separated from the dock by any public road. 13.nIa mJa 14. 15. spaces TTPn<;iON AN^ gFnrvfENTATION CONTROL 16. Shorelmc is protected by (check applicable items): X. stone rip rap __wood seawall metal seawall concrete seawall 17. ___grass and vegetation only --------other (specify) Depth of water at shoreline:------ft; at 50 ft. out: .at 100 ft. out: Page 3 of 5 required attachments The following must accompany this application: DOCK PLAN - AI L APPI.TCATIONS A dock plan, drawn to scale, showing the shoreline width of this propertv the side property lines and the location. lavout and dimoncinne oii _i:_____j B C. '^youtLd dimensions of aL'JcrsU^^Td^buo; ^ ILNTNCOyORATFr) 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 U?!* mjcq^iTtd if the applicant initials and certifies the following statement- joint use dock is to be operated under the same by-laws or % ngtnally made in ________ (state year) and on file with the City. * Applicant ’s initials INCORPORATED CLUBS OR A.S.SQCrATION.S 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A sutemenl as to the total number of members in the club or association members 3.A cert^ied copy of the articles of incorporation and by-laws of the corporation. *"|he applicant initials and certifies the following statement: ;-^is is a renewal application and our joint use dock is to be operated under ^esZ “of in fi^S th^aty.-^ ““ Applicant ’s initials ■ff D. ANNUAL LICENSE FEE - ALL APPT.TCATIQN5; Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE. per year PLU$ SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy _____slips @ 2.00 each $ $20.00 TOTAL DUE THIS APPLICATION $So Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the liceme year. ]Qie City shall not accent renewal license applications received after March f.unless the application is accompanied bv a late fee of $25 00-- REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and. in the case of new or unusual applications, also by the Planning Commission and Manna Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonab time to perform safety arid code compliance inspections. Signed Date V) 0^ rS. 1 xj m ^ I Nj V) .o V '<» V , ^ , ^ ^ ,i if <3 V >J Page 5 of 5 ‘I;>/Ytt$ PAK x^)nkniftn DiicBirir. ^Uwu 801969 aeisTiGORGEO. HICKEY, AUDIIORHCNNEJriN CqUNfY. MINN.•sMirs payablk in ON WITHIN oescntaco pnorcnTY an*; paid'4/ «•«:t *'y.*JUECISXERED LAJO/ aURVEI HO. ^ g A IBHNEPm C0Ut«TX, HUKKESOTA t ^ Bl P7H/^/^^£R or;i* ors^Tc IV. OF CQV^^O . /; / siTC. N P.^31V' freiy sh»rtltt%9 * mf cAannc/— . MKTA POWER SQUADRON STREATER COVE FACILITY \W SO<eivTionL'\(^ " I ■ A 1- 8 100' • • - ••t .Ifilai ■. / .: ;«< CJ** « •« • • . jJI '•(D-t• •%4 •I.! ■■. ■ • *\ '^ $i ‘'i- •• \ •• •■\ f X ' - N JC. T -e:’ \ •• I ■• \' ■ I ta • • \ • •• •• •.1* •• •• v‘• • • • \* LS-.W JU., tait mv V‘ N . A . ^iS'SS'f l•‘V•.*''• V S'* JlP.'.t 1294 i ?!l • • •# \ I * / • 5^ •It « a •j 8 1 '/d • • • • . OroMAa • * • ALYER COUNTlf HENNEf^J (NUtlCJnc. St*®* •?iS-s' "3 s'igs ■■ 3vt' r ?' iT) ; V; IHTEnP.RETATlVB:DRAWIHC OF BIG ISLAMD ‘FACILITY• • • • • • • * . ‘ • •Scale r* - 200' ^lUnr^y Officers Commander Executive Officer Administrative Officer Education Officer Secretary Treasurer Robert K. Stierna, M 1930 Shoreline Drive Wayzata, MN 55391 (612) 476-1951 Willard Peterson 85 Woodland Circle Edina, MN 55424 (612) 9 '-3295 Kenneth ? Zullo 3160 North Shore Drive Wayzata, MN 55391 (612) 471-0021 Carole H. Magnuson 5036 Yvonne Terrace Edina, MN 55436 (612) 926-5109 Linda L. Golle 1845 Watertown Road Long Lalce, MN 55356 (612) 473-4757 Jean S. Peterson 1758 Essex Road Minneton)ca, MN 55305-1829 (612) 546-3589 (home) (612) 941-9660 (WORK) RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOW'NERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1. 1994 TO DECEMBER 31, 1994 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, 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 propeny. The LxMCD, 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 which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 I 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 annua! 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 14th day of March, 1994. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT 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 incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other ______________ License Period - Januarv 1, 1994 to December 31. 1994 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 Etensity per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Forest Lake 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. m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B and C. Any changes in this layout shall be subject to prior review and approval of the City Council. 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 . The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association. Inc. will permit a maximum of 14 slips. The City will approve 14 slips for this license year based on the number of developed interior lots within the subject plat. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use 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. • • •• •• ■ • • 0 / in •%/ •fe •j-,. fvi' L. a m ua • • ^ O I • I \i .'••X DEO. 2-1903. # • •* •• J • resolution s 2.7- i. — . A^«-f^e^ou I ..(2i • ' ________________________ see p7<k.X> f ni^ - ,- 1 |q<^2-rSe^^^ I ^T7 ~ ^ ‘ IQ90 - l‘^ J - ;,8s '/</» Q rU rJ J • •\iil H ^ H - /VO i-rt • Vl*' -3 - ?// J1 I- 1 j- > /^- J “7^ CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 fc;-. ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 FEB 1.4 -- • • • Date Form Sent by City Staff December 15. 1993 -c DiiOHQUA t I W*> CM W'MU Date Application RcLumed to City rv;/>«rr iLrrrr I AftrtMUC Cl I Al,tm A C A Cw‘C^VVV'V Fee Received S By Employee n i ‘C\V' A l»ClT *• _________Tf ..o -TC» W Cl rccA I c lO T* ~TC » VVvcrr-OT-Tu^x.^*' *nuilcwcai I I MnitM I CC9 1 W A 9 9 9 f rrri Tf 1 f W*W Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any toWJBv’^fvvi association of persons or faraUies, more than two in number, whether incorporated or not) to 0^/14/ engage or participate in ... joint use (of any lakeshore property) without first havmg obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH I OF THE LICENSE YEAR. association information 1. Association title or name (if any) ^ 2. Lake c. ___________--------------------------------—----------------------- 3. Person responsible for this application: Name Lp Phone M77^ ^ Mailing Address 4. lYldUUl^ f V------------------------1-----Z==----------------------------------- Relationship to association ^ 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 7. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. 'X provide swimming access, beach, of effefa ore 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 ^Cl ______ Legal property description CC. P I D #______________________________________________ Listed property owner(s) _____________________________ 8 9. Names of abutting lakeshore property owners: (^faHh/West) l/cLL\VPli' ^2-^\ ^ t:i) r (N^e + Address) (Sflfllh/Hast) ^____H 2. ^ Dl^ (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 lollowing information: Name of insured <^cjU/O q trs • Name of insuraiKe carrier ________________ Name of insurance agency , Policy No. Qpf\/ ^Effective date of coverage '^'^9-93^ Amount of coverage: Publicliability, per person, per occurrence $ A/TTH)^ 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 VT" security lighting property owner ’s presence ____ contract security service ____ other (specify)_________________________ DOCK INFORMATION 11. List Dock Use Area Specifications: 12. 13. 14. 15. Width of shoreline: ft. Length of main dock from shore:ft. Dock setbacks from side property lines at shore: 3<^ ft- and —ft* Dock Construction (check applicable items): ^ seasonal dock (relocated or replaced each year) permanent piling with seasonal deck ____ permanent piling and decking wooden decking metal decking List Dock Accessories: a Number of fire extinguishers available at the dock / H ^ d>x/e, PC4.1 Number of life preserv ers available at the dock Cs. V 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.ROSIQN AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap ___ wood seawall ___ metal seawall concrete seawall gi«a «uvi uation only other (specify) (/S— 17. Depth of water at shoreline: 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. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and 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 INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. 3. 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 cenifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the City." Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPUCATIQNS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PI ITS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy I ^ slips @ 2.(X) each TOTAL DUE THIS APPLICATION $ $ $ $ 20.00 Page 4 of 5 LATC FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. Ibfi City shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date Page 5 of 5 Association Members •?<. Neichbor = Lynn/Jane Adams oerrv / fit^inc , j forTi/Lauri Bui lock ot 50/ .,‘..0 < I. ha pm an 915 Forest Arms Lane *il95 Forest Lake Drive 945 Forest Arms Lane '’40 Forest Arms uane Pon/Mary E-ieth Christenson Jim.'Mar-ann Carl (Daughter ^ son-in-law) oai F.;re=t Arms Lar.e '•Jeial-.bors 5 !< en Anderson Men ICO Dacigalupo \)V^jeorgo/Kathryn K.alweit Mitch/Sandy Loughlin 472-35 I'' 472-lu3a 472-5708 472-'467 4-'2 '6 34 Bob/Sue Dor.qc ~ » e 4250 rijrest La( e Dr ive 472 -44 12 Jan' Rli 1Lanqe •570 Fores';. Arms Lane 472- 411/' U&cJtZ^ jf^arrv / 3hel lev Leflir©4205 Forest Lake Dr i /©4/2-2230 K'oger ' fherosa Mea».^ns 920 For-r*. Arms 1..ariO 4-2-50''’3 80b/Gretrh*--n Mvini's*1210 Forest L.^^e Drive 472-4'.2 ■ Ddr t / Pau 1 5 l iorman 4154 Forest _ale Drive 472-io9'.. V/ice H©rb/ JudV 01 aoj >*'’o5 Forest Arms L.ano 472-2857 Tdm/Sara Iheisen 4175 Forest Lake Drive 4"'2 -"ei'T' Fred/J 11 lame Vo'-ng 4155 Fo‘*eat Lake Dr 1 ve 472-2275 4225 ForSat Lake Dr .1 ve 472-5876 4265 Forest Lake Dr I ve 472-1436 4215 Forest Lake Drive 472-3525 • i \///A*// / o //V FOREST ARMS COUNTRY CLUB ^,7^0 IT ION HOMEOWNERS ASSOC^TlON tFOREST ARMS IMPROVEMENT ASSOCIATION FOREST LAKE,/<ilTY OF ORONO \ / OREST // / / 4-v / \ '9 existin g docks -y __ Al\ I -\ ( LAKE MINNETON... A @ .^ \v_ -.... X Z DOCKS "I V v> L4KE V^. -/ slips 2-11. (10) 11' X 3-2' Slips 1, 12-14 (4) 11' X 21' \<Z„ \ ^£Ceil)C«l LMCD ■' “ • • . . • ’. ♦ ■ Crf' )yyv ‘ - ..-I ■■■•., rv r. ff r Jr *• 1 t - ■ -■»- Ali !■ A WMA flitf flSVWBI 999 \Z. \ .; 7 DEMAM>6AU1CL LAN1)8V*ynOU,INC. aOM Hr%V IM N«. UH MM1 I mn^ amnm ^ h9099mm 9H »• rnmm ■<»< *» K •!•«. wm9m. 994 m 9Utm tmmOmmm, rf i^. „..x Ut0m Pf« No ^ RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO NAVARRE COVE HOMEOH^RS ASSOCIATION SUBJECT TO CONDH IONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1994 TO DECEMBER 31, 1994 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized aral 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 aiKi 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 D.NR, 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 mumal 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. 'Fhe only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Miniatonka 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 licer*sing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and W^HEREAS, the purpose of this Resolution is to set forth tlie above noted general conditions and concerns and the following special conditions as they relate to an application for an anmial Joint Use Dock License described on Exhibit A attached. ^OW^* THEREFORE, BE IT RESOLVED, that the City Council of the Citv 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 thel4th day of March, 1994. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 I CITY OF ORONO EXHIBIT A RESOLUTION NO. CQNDITIQNS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Navarre Cove Homeowners Association Dock Address: 2505 Kelly Avenue Agent: Daniel T. Lindsay Address: 100 South 5th Street, Suite 2500, Minneapolis, MN 55402 Licensee is:unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other ________ License Period - January 1. 1994 to December 31, 1994 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 TI« 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. "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 regulatory authorities shall deem necessary from time to time in the public interest. • -• •.RESOLUTION S 2^xm.-9'X . ^ ’■ ^Kc: |jF?o8o CO 3Dv*:ni.'? °iH /.3T C^/IT (p 0 £^;<///air -s j^SOL. A^C^* ------ -Ci ^ /<f7f-C 7^ /•' - J»H |1‘|/-4.o |11Z-t»Cr i m^'tx> (,<? 1S:■/ /#^^^ ‘ /f/3 -- ^ / 7^T « 'Tr/ •• •-•t f 0 / B-1 <? UjsU • 4»•« / NAVAJIRE rOVE HOMEOWNERS ASSOCIATION CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 I*avfof CWIO ■) ifUdEBDWi ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 DEC 2 2 1385 Date Form Sent by City Staff December 15. 1993 Date Application Returned to City Fee Received S By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whe her incorporated or not) to engage or participate in ... joint use (of any lakeshoit property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED .APPLICATION. REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. association INFORMATION 1. Association title or name (if any) Kiax/auYg.^ p(“ OrtMP Lake ____________ Bay ---------------------------------2. 3.Person responsible for this application: Name T. Phone iVliiUUIS .TYTTK. ^ - --------------------------, ----------- 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. CITY OF ORDl^Q OFFICE CHECK ivOl ROl U4r i ' Page 1 of 5 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items); y 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 outlet owned in common. property leased by the group/association, property owned by the group/association. List Dock location and ownership information; Street address Ctr\t4^____________ Legal property description _______________ ?\D!f l2- Listed property owner(s) Names of abutting lakeshore property owners: (North/w^t) _________ (Name + Afddress) (South/East) (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) t * • Insure-cc Coverage - The jointly used dock is insured by one of the following: pr petty owner’s homeowner’s policy, separate group/association owned policy. List the following information: Name of insured yin\ia/fP. of ChVlO Name of insurance carrier klflijt __________ Name of insurance agency JotUdiityVv- ^ ________ Policy No. ___________Effective date of coverage Amount of coverage: Publicliability, per person, per occurrence $ ^nO^WO Public liability, per occurrence $ 60C) VOD Page 2 of 5 10. 'rity and policing of the jointly used dock and property is provided by (check applicable items): _____ fencing ____ security lighting K property owner’s presence ____ contract security service _____other (specify)________________________ DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: fp ft. Length of main dock from shore: Dock setbacks from side property lines at shore: tO ft- and 7>0_ 12. 14. 15. 44*ft. ft. Dock Construction (check applicable items): ____ seasonal dock (relocated or replaced each year) ____ permanent piling wi^h seasonal deck K permanent piling and decking wooden decking ____ metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock _Q _______________________ Number of life preservers available at the dock Z- List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips f) Transient (day use) off-shore buoys __0_ Permanent moorage slips [p Permanent moorage off-shore buoys 0_ Dry storage (rack) slips D 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. C) spaces. pROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap ___ wood seawall ___ metal seawall concrete seawall 17. grass and vegetation only ____other (specify)_____________________ Depth of water at shoreline: ^ ft: at 50 ft. out: 4 ; at 100 ft. out. Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 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 C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers 2. 3. A statement as to the total number of members in the club or association. A 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 infi^^___(state year) and on file with the City." AApplicant’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 JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry slack, or buoy ip slips @ 2,00 each TOTAL DUE THIS APPLICATION $ $20.00 12-^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 March 1 unless the application is accompanied bv a late fee of $25.00. REVIEVV PROCEPLUE 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 Page 5 of 5 o 0 NAVARRE COVE HOMEOWNERS ASSOCIATION m I RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWTVfERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1994 TO DECEMBER 31, 1994 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. secj. and State Statute 462, et. seq., to protect the health, safety, and fc.neral welfare 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, ail 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 marir»a 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 niarinas 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 Miimetonka for all suitable purposes in common with all other riparian owners. Th s right is a right not only to members of the public but the right to each riparian owner. This mumal right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the 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 14th day of March. 1994. Edward J. Callahan, Jr., Mayor AITEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK UCENSE I.LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Susan Wanner Address: 460 North Arm Drive, Mound, MN 55364 Licensee is:unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 1994 to December 31, 1994 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B , and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year ’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY North Arm Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or lHK)ys is a violation of this license subject to rcvccation andv'or prosecution for v iolation of Section 5.42 Subdivision 2 of the Orono Municipal Code. m. DOCK LAYOUT The dock structure or layout authorized by this Iicen.se 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 tl» Citv. 1.Six slips are approved for Victoria Estates Homeowners Association for 1994 subject to the stipulations set forth in Resolution #962 dated December 18, 1978. 2.All boats permanently moored at this Joint Use Dock must be registered to the applicant property owners. V.Nothing in this license shall confer upon any pem)n 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 ami 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. . •• 5 • •Oullol C ••® • I• •••■Vexisting channel 01o oCOo 22’ Sedan 24* Cruiser tJ^ . ~ 4* CATV/ALK OVER. WETLANDS TO SHORE. • . i * .A 4' BOAT DOCK x 1B0 ’ LONG. ’SrS ^ V ^ opN-O^CPP, ^ \ c, ' \ ^ -®l'OvL^Kv»> •; I : »o i "S -S . 1 r L- ^ ^ o <1 - tr'* f^- ^ ^ ' M » t • ‘ APR 13 19(9 • ••• l_»>».c.o. •. Oullot B ^ BOAT DO^i|®S^ s s i g" ? ^ ^ Plat of VictoVia^ Est|le^ ^ ^ ^ Z \ lZ ^i^as H 5 : ?\ \ «» : 5 ij T:>n 0 ot X- i5 A DO .0 u> ^ ^*2 r r*t I ^ n'f j rp 1 *.___^ .-.•2____‘‘lli CITY OF ORONO P.O. BOX 66 CRYSTAL FAY, MN 55323 473-7357 LICENSE YEAR 193if FEb Z 8 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff December 15. 1993 Date Application Returned to City Fee Received $ _____________ “TTV ncwill Wl Wftwitw rrujiirr rrrrrr ■'wTTvTTTvTTTTi a w/a Ww* wvw By Employee t ■■Chj V A vruit rurrk:’____Tl-hmh- 7^ AA ;V'>Wto • vv ilwc wai I 11 I i/il Section 5.42, Subdivision 2. TICENSE REQUIRED - It is unlawful for any d£;>{?i ^0! association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH I OF THE LICENSE YEAR. association INFORMATION i. Association title or name (if any) \/ 3. Lake Person responsible for this application: _____^_ _______ Al fi J ' MaUing Address ^(rO f\i/)r\ A.----^ 7 Relationship to association C i ------------------------------- 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 I 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): _____ or» member’s private property. ^ 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 3^0 l\l. jftr/y\ )0r fpCi\JA(^ Legal property description PI D# ____________ 3 Wfv l-(r)C\d Listed property owner(s) J 6>7) |^^^)/)'|] \ 4a Ir4 Names of abutting lakeshore property owners: rNonh/WesO "Tn/n [UnJ\My\ HI t)c ^0 ja (Name + Address) (South/Easo^f^^/n fV) (\ y-pr S(^0 Al OA (Name + Address) Names of other affected property owners:ZToh\S)A. SKO fil, 'g’' (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. y separate group/association owned policy. List the following information: Name of insured ]f \ (^-is f. A (t/AD AllAJL^ Ax QdC i ilLu\ Name of insuratKe carrier Name of insurance agency Policy No. " ?)\ /A/■ t(g^yy ^5Jfd/rtCi4 V f -02^uectlyc date of coverage ^ "(T Amount of coverage: Public liability, per person, per occurrence $ ^^0, /TCl^ 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) DOCK INFORMATION 11. List Dock Use Area Specifications:. Width of shoreline: /(j; Wt^' Length of main dock from shore. .. M ^ - «• Dock setbacks fro.-n side property lines at shore^.i ft. and ^ (Hni- f‘- 12. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) permanent piling with seasonal deck permanent piling and decking wooden decking ____ metal decking 13. 14. 15. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock List number of slips in each category ("slips" includes boat lifts). Transient (day use only) slips ______ Transient (day use) off-shore buoys --------- Permanent moorage slips ___ Permanent moorage off-shore buoys Dry storage (rack) slips ___________ Maximum number 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 toad. ]/\ljf--___ spaces. pnoSlON AND .SEDIMENTATTON CONTRC^. 16. Shoreline is protected by (check applicable items): stone rip rap ___ wood seawall ___ metal seawall concrete seawall 17. • / grass and vegetation only ____other (specify) -----------------------— ^th of water at shoreline: at 50 ft. out: at 100 ft. out: Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B DOCK PLAN - ALL APPLICATTONS A dock plan, drawn to scale, showing the shore'ine 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. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: Ttiis 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 C.INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. 3. A ^atement as to the total number of members in the club or association. (p 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 t^e same articles of incorporation and/or by-laws as originally made or last amended in 7 ^ ‘ (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 JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy ^ slips @ 2.(X) each TOTAL DUE THIS APPLICATION $ $ $ $ 20.00 )a .iro Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. Ihe City shall not accent renewal license applications received after March I unless the application is accompanied bv a late fee of $25.00- REVIEW PROCEDLmS 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 cioperty at any reasonable time to perform safety and code compliance inspections. Signed ^ if Date 1-31-^ Page 5 of 5 Outlol C EXISTING CHANNEL 180* 22 Scdsn • n w- ( 24* Cruiser 14’ Sunfish 3 t f nry /rr: -V- . !»• j •'■■'I: -i • •« !ii#r!'^/5i!i|ii,i|j|!j!| —a ^ •* • ‘'!l '•*! I I I'l' 'l*'l * 1■| • • M 'll I |••i • ••;! ;•! !j 4’ CATWALK OVER WETLANDS TO SHORE. 4’ BOAT DOCK x 180 ’ LONG. Outlot B I ' I I » , I t • APR 13 1979 BOAT DOCK LOCATION NO SCALE Plat of Victoria Estates LM C O. ^ c-h-C-tidtp K I ‘■79 U --c(^* J_ <X»I fl €/' ^ '' :-?y)>r€d<H ■ vrjl'J ^r<6Y HO 0 ' rU. iH/..n lOr, ^u€.. -r a Ai^ ,.,j /n K Ohttci/in cic/ 0' i'f.c4cCU 0 r. d'lGJad. (Vir ^S^6</ m /?'/ojnci I''- S d 6 m • RESOLUTION DIRECTING STAFF TO ISSUE A JOLNT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, AND 1406 BOHN’S POINT ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1994 TO DECEMBER 31, 1994 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 Mirmesota; 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 Mirmetonka. 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 oiher riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 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 lakes„ore 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 14th day of March, 1994. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 I.LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn’s Point Road Dock Address: 3155 North Shore Drive Agent: B. John Lindahl, Jr. Address: 1406 Bohn’s Point Road, Wayzata, MN 55391 Licensee is: XX unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other II. License Period - January 1, 1994 to December 31, 1994 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B. and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Crystal Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject lo revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. i Exhibit A Resolution No. Page 2 III. DOCK LAYOUT ^ d^k stnicture or layout authorized by this license shall be as shown on attached Exhibit B. V changes in this layout shall be subject to prior review and approval of the City Council. fy ■ I CONDITIONS required for compliance with the ordinance of the City and/or ^ LMCD. The issuance of this license is subject to full compliance with these conditions ^adure to comply with these conditions is cause for license revocation and/or prosecution by the IS granted subject to the findings and conditions sei forth in Resolution fflZlI of the City council, summarized as follows: a) The three properties to which this Joint Use Dock License is granted a-e desenbed as follows. V. i) ii) iii) (P.I.D. #09-117-23 33 0001) “That part of Gov’t Lot 1 lying East of the West 442.93 feet thereof and North of the South 1058.3 feet thereof and South of Registered Land Survey No 269" (3155 North Shore Drive) (P.I.D. #09-117-23 33 0015) "Tract I and the West 28.5 feet of Tract H Registered Land Survey No. 269" (1406 Bohn’s Point Road) (P.TD. ilW-l 17-23 33 0016) "Tract G and that part of Tract H lying East of the West 28.5 feet thereof. Registered Land Survey No 269" (3185 North Shore Drive) b) There shall be only one dock allowed on the Lauer lot (P.I.D. 09-117-23 33 0001) which dock shall be no greater than 100 feet in length, and which dock must be constructed in accordance with all applicable City and LMCD ordinances, and which dock is intended to serve only the owners and their successors of the 3 properties described in a) above. c) On .he Lauer lol (P.I.D. 09-117-23 33 0001) either attached to the dock, moored m from of the lot or located on the lot. there may not be at any time more than three watercraft, as defmed by the LMCD. either docked, moored, or stored. d) The three watercraft allowed may be owned only by the owners of the properties described in a) above. Nothing in this license shall confer upon any person for the benefit of any property any vested nght to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Uke 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. • * * " , •• . •••••.. • f fZjSlol., - ^M I T' CL'-f - 3 !<]^H - 3 5uPs CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 December 15. 1993 cm CF CiiO^^Q Fi\>AHC£ OFFICEf Vf 7r,vv,-i,v'» 01 CEN CASi TL RtCEIPT- IPJOiK YOU ^297900 cool ROl 711:4 24.00 24.00 Date Form Sent by City Staff ______ Date .Application Returned to City • o?5 ' --------- Fee Received S ^ __________ By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION. REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE UCENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) Lake ~2. 3. Bay Person re^nsible for this application: Name L,Phone ecte- ivocMailing Address___ Relationship to association 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. 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 ouilot 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__________________ PI D/^ - S3 ' Listed property owircr(s) Names of abutting lakeshore property owners: (^fNort^West)3/ Kk><TU — (Name + Address) 3<fer -----^ (Name + Address) Names of other affected property owners: ^ 9. (attach sheet if necessary) Insurance Coverage - The Jointly used dock is insured by one of the following: XT property owner’s homeowner’s policy. separate group/association owned policy. List the following information: Name of insured_____/4»t. Name of insurance carrier Name of insurance agency Policy No. I -t-P rh^‘Z.-n^r sT>t-yt—V 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): ^ Afencingsecurity lighting property owner ’s presence contract security service____other (specify) DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoieline: / }C ft. Length of main dock from shore: ft. Dock setbacks from side property lines at sho*e: fi. and _________ ft. 12. 13. 14. Dock Construction (check applicable items): 7^ 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_______fO T List number of slips in each category ("slips" includes boat lifts): Transient (dav use only) slips ______ Transient (day use) off-shore buoys _ Permanent moorage slips Permanent moorage off shore buoys _ Diy 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. F.ROSION A i) SEDIMENTATION CONTROL 16. Shorelin^e^^i^rotected by (check applicable items): wood seawall metal seawall ___ t oncrete seawall^ stone rip4ap gras^ and vegetation only other (specify) 17. Depth of water at shoreline: O ft; at 50 ft. out: at 100 ft. out: ^ / Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. 4 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. UNINCORPORATED GROUPS OR ASSOCIATIONS I A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement; ■This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in_______(state year) and on file with the City.’ Applicant ’s initials incorporated clubs or ASSOCIATIONS ^ 1. A list of the names, mailing addresses and titles of all corporation officers 2. A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note; These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in------------(state year) and on file with the City." Applicant’s initials D. ANNUAL LICENSE FEE. - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PTITC CT TP FEE for each permanent moorage slip, lift, dry stack, or buoy slips @2.00 each $ $20.00 total due this application $ $ ,9c. "O — J o J cP l-^'C LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. City shall not accept renewal license applications received after March 1 iinl^S the application is accompanied bv a late fee of $25.00. REVIEW PROCEDIHE 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 Cornmittee. 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 perfomvfafSy^dxode compliance inspections. Signed Date Page 5 of 5 X 1 V' RESOLUTION DIRECTLNG STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY I, 1994 TO DECEMBER 31, 1994 WHEREAS, ihe City of Orono. hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minircsota and has the authority and responsibility under Mini^sota Statutes, State Statute 412, et. seq. and State Statute 462, et. scq., to protect the health, safety, and general welfare of the citizens of the City aiKl other members of the public within the City; and W'HEREAS, the City shares concurrent jurisdiction over the primaiy harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; aiKl 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 tlw 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 contmercial 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 Miniwtonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake arc regulated in such a way as to ensure there b 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 b 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 14th day of March, 1994. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hall in. City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. rONHlTTONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. UCENSEE: Big Island. Inc. Dock Address: Big Island. Record Lots #12 and 19 (520/530 Big Island) Agent; Brian Tichy (Treasurer) Address: 1471 Lake Lucv Road. 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. 1994 to December 31. 1994 II. BOAT DENSITY TTie 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: Bav Lower Lake 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 ♦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 v iolation 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 compliatKe with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. VI. 1. Licensee shall comply with all requirements of City of Orono Resolution No 3006. 2. The maximum allowed boat density per Resolution No. 3006 is 15 total slips. Any increase above this number of slips shall be subject to licensee first obtaining Conditional Use Permit approval from the City'. The number of slips licensed for the current license period is 15 . 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 tlw use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. \ - ^ o' If) / / 3 . ■ c I V>-^ 9Z.U. uf- ^ p - ~ « £'/€.•>( h 1. ••x • ''Z. Z7 • »?5I .••• • ^/\ /'. ro gx;//ajr‘.§- T70^ '. n J2S*? s n C O v< II «o •1 H* M O ^ C/I ►ti r* n •l* fto jr H >1 d o H • D cn M 0 O M H C d «n 3 n 9* a. • •gcn O lr» iHo % • • •' sr^ - - f c ISi RECtWtu « JUN 31992 ' P 9 ^ — '• • ... * ------------------------- ---------------------- /<(> T // 3 i • 5 S ” I lO^ . y j j* 21.' io'£- ■ ■. « ACREAGE., SURVEY fUK • ^ *• •*• •• ••> f •Big Island, Inc.V •.•• V'M-..I. . W #: I. X* / r'* X* ^•I t a; i '• • *<.hV '•,'V/ fr?^-LAKEMimiCTONKA j^^OlUTlO'^ N^* - • 1 *1 *■< " '•••;.» f . • '•■ . i-* Xj:* - • .1* -i ^ V. - \• * •* •. ' * • % s Ar«Q /A • 3d0 ocitJ Areo 0 » 206 '• TOTAL* 5.46 - Areo C * 2 00 ocres TOTAL* 7.46 f •• / ‘ x'* I * * • ’ * •* • ‘ V * • * * • • V • i i ' X ___> • ■Vf. »•• .• J.\ . X • ■/. y.-‘• fet^VOUT .• ••ilk..*C.* 'M< • ••• •'V ..■Xtl606 I U*9*%w ctiUlf ll»*i Uu tk*^**! »*•• •• •/ •• • Umi^uU* IM% ! ««•••€ •! HUattAit* f ,yi . • /f /•• •* • ■ * • n— . . . :f? .'•.;■■* : • ••, *•. ••>1 , t*— M*^**«, . lAKE'r •• ‘ ■ ' • •• 1 •Mit MINNETONKA 1 «#*••••• •••»M»« •« i l*v * • * ••«•••. • ! . *.1 • '•***. • 1 •• •1 * CITY OF ORONO r.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 W ^ w w w JAN 3 1994 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to OroDO Municipal Code Section 5.42 Dale Form Sent by City Staff December 15. 1993 J!*--I ,, Date Application Rewmed to City Fee Received S By Employee Section 5.42, Subdivision 2. UCFNSE REQUIRED - It is unlawful for any (group or association of persons or famUics, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first havmg obtained a license therefor from the City. PLE\SE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH I OF THE LICENSE YE.AR. A.SSOCIATJON INTORMATION 1. A<;«;r>ciatiQntitleorname(ifanv) j -------------------------------- Lake2. 3. Bay ^xfCi^LS/o/^ Person responsible for this application: Name TTct^y Phone MaUing Address /Y7/ 4t/cy Relationship to association 4.Association is (check applicable items): unincorporated homeowner’s group. ____ incorporated Homeowner’s Association. unincorporated club or recreation group. l/’ incorporated club or recreation group. CITY OF OFOfiO ndm 01 C£H CHECK TL ^v.v RECEIPT-THM YOU m4030 cool ROi T14:i ^\/m W ^ SO ni/04/9 Page 1 of 5 5. 6. 7. Principal purpose of joint use dock is (check applicable it?ms): ____ 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 -nd ownership information: Street address po- ^ Legal property description ________________ P I D # oq -zg /r)c/Aj,c y 22-117-23 ^2, 00/9 Listed property owner(s) .___________ 8.Names of abutting lakeshore property owners (North/West) (Name + Address) (South/East) (Name + Address) Names of other affected property owners: 9. (Name 4* 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 'Ps J_^c . Name of insurance carrier Name of insurance agency Ta/SArj\/tSoj^_____ Policy No. a/ (^/Z"7d Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $ 5Wj 0^6 Public liability, per occurrence $ cdo 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) v/6r7?^^*^ DOCK INFORMATION 11. List Dock Use Arc; Width of shoreline.ft. Length of main dock from shore: ft. and 12. Dock setbacks froni 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. metal decking 13. wooden decking List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock 14. 15. 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) slip’s ___________ 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. O spaces FRO.SION 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 ATTACHMENTS The following must accompany this application: /A B. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are inteiKled, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note; This copy 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 i/c. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers 2.A statement as to the total number of members in the club or association. 3 O members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if die applicant initials and certifies the following statement: 'This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in / (state year) and on file with the City.* Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock Licenre 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 $ $20.00 ^6 oO Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made ik later than March 1 of the license year. Xbfi City shall not accent renewal license applicatif -i? receive! after March Lu.nlcss_the application is accompanied bv a late fee of S25.0Q. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and. in the case of new or unusual applications, aho by the Planning Commission and Manna Committee. The Council will pass upon the applicc m after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed ^ Page 5 of 5 J EXHIBIT A All that part of Lot 1, REARRANGEMENT OF LOT 1, KITCHEL*$ SUBDIVISION of Government Lots 5 and 6 in Section 22, Township 117, Range 23, Hennepin County, Minnesota lying southwestcily of a hoc running from the northwesterly most comer of Lot 7, said REARRANGE v IEI^ OF LOT 1. KITCHEL*S SUBDIVISION, to the midpoint of the northwesterly line of said Lot 1, said REARRANGEMENT OF LOT 1, KITCHEL'S SUBDIVISION And also all of Lots 6, 7, 8. 9, 10, 11, 12, 13, 14 and 15, REARR.ANGEMENT OF LOT 1, KITCHEL’S SUBDIVISION of Government Lots 3 and 6, Section 22, Township 11*'. Range 23. Hennepin County. Minnesota. EXHIBIT B Lots 2,3, 4, 5 and that part of Lot 1, lying Nonhcastcrly of a line running from the most Northwesterly comer of Lot 7 to the midpoint of the Northwesterly line of said Lot 1, ail in Rearrangement of Lot 1, Kitchcl's Subdivision in Government Lots 5 and 6 in Scc^2, T. 117, R. 23, according to the recorded plat thereof on file and of record in the office of the County Recorder, Hemepin County, Minnesota. o i £SS£0>09S£'ON/82:SI '1S/6J:SI e6i3ol(W «0H- V*\• - » v«; i- • • • ' vj ... 2^ iiwr; ___^-^rvat I*»> ir>cry•-0• _r>• o <ry <o IXJ c\j oa o %V 0 ir: 1 JUM 3W92 L.M.C.D. A V ^ 1 i ^ 4 I . J » / C i . 4 • C 0. W. C V ^ W W V W % W * W CITY of ORONO resolution of the city council NO.3006 CONCLOSXONS# ORDEK AND CONIJITIOHS City Counc?; S«eSrgr2ntr. c" dlti.n.l u,.e permit plr Munlcip.l ionL^Code Section 10.31, Subdivi.icn 3 (C) «=» Permit a d.y use recreation area with occasional overnight <=“"^^"9 *^ *""*^„ 12 and 19p Big Zalandr for Big Island Inc., subject to tna following conditions: 1. Big Island Inc. shall be llmitad_^to 15 shared joint Mse dock. Any attempt to "s'Ka 1 iHceqaiTe an amendment of this conditional use permit and the filing of a new conditional use permit with the appropriate notice to adjacent property owers- 2. Applicant shall file a special let combination of Record Lote 12 and 19 with the City. y a 3. If at any time a special activity attendance of more than 100 uaara at _ responsible agent of the association ;5hall apply for a large assembly permit at the City of Orono. Page 3 of 5 •§ •>o O'V CITY of ORONO RESOLUTION OF THE CITY COUNCIL to provide ironsport^to Big if t;i/t”in^^2?= ”.ite n«de of epproved d.y us. r.=r..tlon •# v“i.‘ .‘i - Vi" ! -lira:; r."?^ E‘ E*« “shall consist of a bupf^j blankst. .. .pplicnt S..1X ?e;n:ir?of ro%=”--- V. xuthoriti.. ,rant.d nrooe rtv not vith^ jJEEM|5^-*/ the d.t. of Council rnSTTBS' ai condition, of this resolution will :s?c:*o^“t^etn/tV^^u^ust as, i»»>. 8. Violatieo of vioisff^ conditions >, misdemsanor• 9. The undersigned Vhe *t^ readp understood anii SiB^isiand Inc., its successors resolution and on ° the recording of this i^Ll\llTiV t?:VhaIn Vf title of the property. Adopted by the Orono City Council on this 26th day of August, 1991. r\ • ••V'. AT' ^ty Clurlc ////y/dyy^ Barba^i A. ^ Edward J. 1 tersbn, Mayo^ lahan, Jr., Acting Mayor ^ tHoots.:^* Judd f\ • ^hori'sed Agent or r»ig Island xnc: Page 4 of 5 9 d £5££0t09Se 'OJ^ej-Sl IS/ce-Sl £6 .L^ cl (NCill «0- ■ 2'2 “^ ' 1 Ell! Island nc*iTib3f"‘Shlo P3ster 1 rr*i^n I r^jinr^r Tir^v2rr^r?rrr!>rr'rDr!?m/rr?£?i>rr ‘rrrrrrrrrpri?prrrrrrrf>rrrri^rr>rpprrm^prrr>z?r>rrrrz7r)prrm'2rr> Anderson, (H) 155 Jeff Mound Avenue Tonka Bay,MN 55331 474-2140 Anderson, <H> 155 Mark Si Linda Mound Avenue Tonka B«y.MN 55331 474-2140 Austin, Dan Terry (H) 4860 Rustic Way Excalsior, MN 55331 474-107: Bean, Jim S< Linda (H) 21945 Minnetonka Blvd Excelsior. MN 55:474-4868 Cole, David ?< Carol (H) 5270 Michaele Lane rinnetonka, MN 55345 474-1583 Edgren, Milt Zt Patty (H> 6257 Chaska Road Chanhassen, MN 55331 474—7725 Erickson, Lance S« Diane (H) 21270 Excelsior Blvd Excelsior, MN SS3ol 470—1271 “dwler, Mike 'H) 2S01 Wayzata Blvd Minneaoolis, MM 55405 332-8728 Garrity, Chuck !< Arlene (H) 997"^ Valley View Road Suite 220 Eden Prairie. MN Ha 11 i n. Philip ?< E11 een <H) 603 Lake Street Excelsior, dN 55331 474-9111 55344 941-7006 Hatch, Mitch <H) 3955 Walden Road Ceephaven, MN 55391 627—9739 Hatch, Ralph S< Bean«. (H) 3955 Walder Road Deephaven, MN 55391 476-4242 Johnson, Carl ?< Beverly (H) :9 South 1st Street Larson, Norm ?< Elaine (H) 27750 Woodside Road Minneapolis, MN 55401 333-7380 Excelsior, MN 55331 474—4315 Lord Jr., Miles (H) 3505 Crystal Place Wayzata, MN 55391 870-8689 Marine, Andy 8t Colleen (H) 29 West Lake Street Excelsior, MN 55331 474—6942 Morford, Mark i: Barb (H) 6150 Church Road Mueller, Dick ?< Jean (H) 401 Lafayette Gofer, Larry Pat Shorewood, MN 55331 474—3457 Excelsior, MN 55331 474-9683 r/i:* ie=r Island ne®DersnxD Roster “ c ^ ^ 3l'*^ *^4 3.^1 ** V T” ’ r* •r*3r'r>!>r"'r'r!>5r>r'rr5z>r^j7rr'rr*r ’rDr*r>rTr*rr>r*r'r'r'rrri/Prpm?rTrrrrrr'Prprrprrr>rrrr*r'£>r*!!>?Drrrrp <H) 25900 Wild Rose Lane Excelsior, MN 55331 474-6841 Puzak, Dan ?« Colleen (H) 23830 Smithtoen Road Excelsior. rW 55331 474-7918 Quinn, Joseph D. (W> Schneider, Bob \ Sally \//C£ (H) 265 LakevieM Ave Tonka Bay, MN 55331 474-4484 Scholle, Mark (H) 3742 Leeward Circle Eden Prairie, MN 55344 941-1210 Soderlind, Paul (H) 2009 Arbor Mound, MN 55364 Stanchfield, Rollxe t*. Judy (H) 10820 Swede Lake Road Watertown, MN 553C8 446-1780 Tichy, Brian fx Nancy <H) 1471 Lake Lucy Road Excelsior. MN 55331 474-0471 Vikre, Jack ee*,/ <H) c/o Ron Vik 800 Colorado Avenue Golden Valley, MN 55416 545-0276 Weidt, John (H) 603 Lake Street #211 Excelsior, MN 55331 470—1025 Wolfe, Tort* S« Renee (H) 122 Second St Excelsior, MN 55331 474-8265 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAW'N HOMEOWNERS ASSOCUTION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1994 TO DECEMBER 31, 1994 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 interlerence 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 which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the 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 14th day of March, 1994. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan. Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK UCENSE I. LICENSEE: Pheasant Lawn Homeownere Association Dock Address: 2790 Pheasant Road Agent: Ray Zitzloff Address: 1160 Heritage Lane, Wayzata, MN 55391 Licensee is:unincoiporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation ^roup incorporated club or recreation group other License Period - January 1, 1994 to December 31, 1994 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B-1 thru B-3, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman ’s 5_plus 1 detached 5_plus 1 detached NA Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of pcmiined 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 stmemre or layout authorized by this license shall be as shown on attached E,xhibits B-1 and B-2. Any changes in this layout shall bt subject to prior review and approval of the Citv Council. IV. SPECIAL COi-lDITlONS required for compliance with the ordinaiKC 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 revt.)cation and/or prosecution by the City. 1.The City acknowledges the historic and continued use of this five-slip multiple dock since the 1950’s for the benefit cf five designated non-riparian properties on the west side of Plaasant Road. The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots 15 and 18, Pheasant Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14. said lots might not abut the acmal shoreluK 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 1994 Joint Use Dock License to the Association for six slips (including Mahoney’s detached slip). Applicants are advised of the need to henceforth apply for a Joint Use Dock License annually. Exhibit A Resolution No. Page 3 6.The five multiple dock slips are designated for use by specific propenics 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 auiy property outside tfa subdivision of Pheasant Lawn or to any person who is not a Pheasam Lawn property owner, will not be allowed. 7.The five properties which are each allowed one slip within the fis-e slip multiple dock are described as follows; (Forrer) 2655 Pheasant Road (Lots 1. 2 and part of Lot 3, Pheasant Lawn) B. (Hoffman) 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 Uwn) 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 aixi other competent regulatory authorities shall deem necessary from time to time in the public interest. CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR ^4 .JAN 2 8 1 ANNUAL JOINT USE DOCK LICENSE APPLICAT ION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Statf December 15. 1993 Date Application Rcrrmcd to City Fee Received S . rrrv nc nrni/n Z TkiAkk^C nCCrrt ./A VV'V • VV By Employee YOU tfivTw? COCl ROi TIE: S«tion 5.42. Subdivision 2. I irFNSF. REOUlRfP • It is unUwful for any Ogroup or association of persons or families, more than two in number, whether incorporated or not) ro engage or participate in ... joint use (of any lakeshote property) without first havmg obtained t license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPUCATION, REQLTRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH I OF THE UCENSE YE.AR. ASSOCIATION INFORMATION __ 1. Association title or name (if any) Lake /yfT^f^___________ Bay___---------------------------------------2. 3.Person responsible for this application: Name Phone-----42I si3LIL3- Mailing Address yCp^^ Relationship to association 4.Association is (check applicable items): ____ unincorporated homeowner’s group. ____ incorporated Homeowner’s Association. uninconxirated club or recreation group. ____ incorporated club or recreation group. A I AkT M ■ "C VA.‘ /CiSSO. Page 1 of 5 7. Principal purpose of joint use dock is (check applicable items); provide boat mooring and lake access for r«idential 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 outlet owned in common. ____ property leased by the group/association. y" property owned by the group/association. List Dock location and ownership information: Street address _____________________________ Legal property description PID# Listed property owner(s) 8. Names of abutting lakeshore property owners: (North/West) _____________________ (Name + Address) fSouth/East) (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: X property owner’s homeowner’s policy, separate group/association owned policy. 7 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 $ 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)__________________ - -. 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 shor-. _________ ft. and ft. ft. 12.Dock Construction (check applicable items): ____ seasonal dock (relocated or replaced each year) /( permanent piling with seasonal deck permanent piling and decking ____ wooden decking ____ metal decking 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock ) Ay /jul s 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 U Permanent moorage off-shore buoys ____ Dry storage (rack) slips ______ Maximum number of boats at the dock Ir 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. L spaces F.ROSIQN AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): X stone rip rap ___ wood seawall ___ metal seawall concrete seawall % r X grass and vegetation only 17. Depth of water at shoreline:_ other (specify) ft; at 50 ft. out:at 100 ft. out: Page 3 of 5 REQUIRED ATTACHMENTS The following must iccompiny this applicalion: A. B C. sc PLAN - AIL APPUCATIONS 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. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials aad certifies -the following siateneat: “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 INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. 3. 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. 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 US SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy Cfi slips @ 2.(X) each TOTAL DUE THIS APPLICATION $ $ $ $ 20.00 12..OO se, oo Page 4 of 5 LATE FEE - Renewals Anolication for renewal of licenses shall be made no later than March 1 of the license year. JM ii accompanied bv a late fe^ of S25.QQ^ REVIEW PROCEDURE When • complete applicMion is feceived. the appheation will be reviewed by the anX"n to case of or unusual applications, also by the Plannmg Comm,«,on and Martna Committee. The Council will pass upon to application after complete reviet . City of Orono and the City’s employees and agents to enter upon the property at any re a;___ caf^rv and code comoliance inspections. Date p ^ V /ffJSf Page 5 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXIIDLL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY I, 1994 TO DECEMBER 31, 1994 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 W’HEREAS, 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 t near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suiuble purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein: the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code, and WHEREAS, the purpose of this Resolution is to set forth the above noted ■ *ral conditions and concerns and the follow ing special conditions as they relate to an appli. --ik. ior an annual Joint Use Dock License desenbed 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 14th day of March, 1994. Edward J. Callahan. Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan. Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 cm' OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK UCENSE I.LICENSEE: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: Ray Zitzloff Address: 1160 Heritage Lane. Wayzata. MN 55391 Licensee is;unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group iiKorporated club or recreation group other License Period • Jarruaty 1. 1994 to December 31, 1994 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 atuched 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 DENSI'TY Smith’s 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 struemre 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 w ith 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 fmdings 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 rig.ht 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. hl‘f)9 CB*• 1*P ;i%!•« * •.32 .:*i**J6-4J .w • w •• • w # •COUNTY RD.I *. »>.2t<.or . an .. — W5i*02* jaf A/O. /5 /vl-i ’j/'-irN.....4OV4V0* r:-” /•; .I..;/-• /___ • -A./.I; • * I t*-7 to 1* / j.juj '• 0/. no.u. •jjv — 29iaa* — /Ji • * fifttJAUiNr OhS: 1 tocktny . .iut tloa • /;q/l t r w • • • ^ iW •»*f.v j*r JSSIA/S9 *1. ; icvjivr.v* :i .vriwvi riiKS 4Pf fl* \ §' I mu *(S0C. \ ■con JA>!Kz- <--• ^ ^^r~*** - g* • • • ].e; OUTLOr t Lake minnetonka ShllTNS bAYU» «riig \ £■:/•• 42.66 1 1 /2 3 il J.■« W V/O m ;b 0 i/i / " V ' V**/ /•••«' •• • * /- - * •:: ■;»*'cyr.< • f" ^"T- /. '.''•Ml t. •• . / SW30 ifrf ;V ? 8 « •r m.'f t.isr /6600 jo'/d'i t4rci(mr f(i<w r-frrrr«»» rn/*r /»#• v./-- SO' itift. CASt/jCf/r • • rRou wcsr fccr' ’' or pROPoito CAsrcnn rtiAcr % • • « • #♦. p^% ^ A / C J ^oxA.lL pocir RUi-J S£cVo^ 2cALL ^Af ^yV»^ K Scc/e ' ^ J) I ^ CL\^ DEC 11993 l^M.C.O. 5 O W « M» 3 *0 <w*aH-c(oi-’^o Of O ft H* ft H » •-• M X U**-* t-'C»Q 3 '-'B> H-:dc H It 3" 3 Of M Ki®iireo'o»Hft 3 r cn ® O 3 » O r*^ W »Q ® M Q< 3 VO h> - C a n vQ(0 • • to ft H- n> ft o *0oO M 3 0 0 ® O H tn ® op. 3 n Ml 3 T3 3 ft ft H-D.c (0 cr 0. t- t| ® 3* H- Ml W h t-j.0» ® 3 ® 3 H - t- (0 1- a o ft COM 0 0 • 0 j; H- *0 hh ft to a 0 ® 3 ft Ov^UMtlOiQOM ft TJ M- ft O 0 VO®P(t* OtftI-* K)*>• M » 3* *0 3" 0 O)• M ® T> H - O to » > f1 W tt O ft to 3 O ft 00 ® H- P-‘< A 3'*9 i- - ( -, ft f • >o i^e i/> p Qf O X) n h-> o hh tT i~0 CT (D H* ft D O tr rr-oj— p.f.?. s^>a o J '^0 Ac/ / y FEB 1 1994 CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEXR 19 c ?iu;i__ ANNUAL JOINT USE DOCK LICENSE APPLICATIQI^ Pursuant to Orono Municipal Code Section 5.42 i-rrv rtcwilt w’Mvitv r-ccr^c 1313500000 01 OSi 43.^ C.^CK Jl 3EiUPT-TH^s YOU wW'V'A rtvA #AW»V ? .- A f r'i W'fc/ VA / . Date Form Sent by Cit>* Staff December 13. 1993 Date Application Returned to City Fee Received S_______________ By Employee Section 5.42. Subdivision 2. 1ICFNSE REQUIRED - It is unlawful for any (group or association of persons or famUies. 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. PI EASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION. REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. association INTORMATIQN 1. Association title or name (ifany) FochiU Haneomers Association--------------------- Lake Minnetonka______________ Stiith's-------------------------------------- 3. Person responsible fur this application; Name Fay Z^tzlcff___________Phone Ofc: 473-6550 Ho; 473-1222 4. Mailing Address 1160 Heritage Lane, Oreno, MN 55391 Relationship to association _podanaster__________________ Association is (check applicable items): ____ unincorporated homeowner’s group. X incorporated Homeowner’s Association. ____ unincorporated club or recreation group. ____ incorporated club or recreation group. Page 1 of 5 •C€>- 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 rrember’s private property. easement or outlet owned in conunon. property leased by the group/association. X. property owned by the group/association. List Dock location and ownership information; Street address 1801 Shcreline Drive > Qrono» MN Legal property description Oitlcfc 1, Fcochill PI D# ______ ________ Listed property owner(s) Fcxhill HoTEcwiers Associaticn Names of abutting lakeshore property owners: tNnrth/Wesri Alden L. & Helen M, Andersen; 1830 Shoreline Drive, Qreno (Name + Address) Michael Winter; 1780 Shoreline Drive, Ckcno (Name + Address) Names of other affected property owners: Ncne (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. X separate group/association owned policy. List the following information: Name of insured Foxhill Haneowners Asscx:iaticn Name of insurance carrier Scettsdaie Insurance ;^ency Name of insurance agency Haneyer-Harris Agency___________________ Policy No. GI5 307569________Effective date of coverage 3-01-93 to 3-10-94 Amount of coverage; Public liability, per person, per occurrence $ N/A Public liability, per occurrence $ $1,000^000.00 Page 2 of 5 J 10. Security and policing of the jointly used dock aisi property is provided by (check applicable items): ____ fencing X security lighting ____ property owner’s presence contract security service other (specify) DOCK LNFORMATION 11. List Dock Use Area Specifications: Width of shoreline: 293.86 ft. Length of main dock from shore: 120 Dock setbacks from side property lines at shore: 258 _ft. and ___ 12. 13. 14. 15. ft. ft. Dock Construction (check applicable items): X_ seasonal dock (relocated or replaced each year) permanent piling with seasonal deck ____ permanent piling and decking X wooden decking metal decking List Dock Accessories: Number of fire e.xtinguishers available at the dock lAvater crzift - total 8______ Number of life preservers available at the dock 0 permanent; Itxial » per wat&rcraft List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips o Transient (day use) off-shore buoys __Q----- Permanent moorage slips 13 Permanent moorage off-shore buoys _0------ Dry storage (rack) slips ______0 Maximum number of boats at the dock 13 List numoer of off-street parking spaces available for users of the joint use dock. Parking, if provided must !iot be separated from the dock by any public road. 0____ spaces. FROSION AND SKDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): X stone rip rap ___ wood seawall ___ metal seawall concrete seawall grass and vegetation only ____other (specify) 17. Depth of water at shoreline:__0_ ft; at 50 ft. out: Unknown; at 100 ft. out: (JntoOfll. Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPUCATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B UNINCORPORATED GROUPS OR ASSOCIATIONS 1. 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 certinea the following statement; 'This is a renewal application and our joint use dock is to be operated under the same by-laws or agreemem originally made in_______(state year) and on file with the City.' Applicant’s initials C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. A statement as to the total number of members in the club or association. 13 members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the ^iicant 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 1986 (state year) and on file with the City.' Applicant ’s iiutials D. ANNUAL LICENSE FEE - ALL APPUCATIONS 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 13 slips <S 2.00 each TOTAL DUE THIS APPLICATION $20.00 26.OQ 46.00 Page 4 of 5 LATE F1EE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of S25.00. 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 1/31/94 Page 5 of 5 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, 1994 TO DECEMBER 31, 1994 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 aiKl 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 withi’ 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 fulfili 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; W'HEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner h? no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is czpabte 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 regulaiioas 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 tte Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth tl« 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 14th day of March, 1994. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of March, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 cm* OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Walter's Port Maimenartcc & Improvement Association Dock Address; 2699/2701 Kelly Avenue Agent: Ted Storlie Address: 2701 Kelly Avenue, Excelsior, MN 55331 Lkensce is: XX unincorporated homeowner's group incorporateJ homeowner’s association unincorporated club or recreation group incorporated club or recreation group other ______ License Period - January I, 1994 to December 31. 1994 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 1 1 L Exhibit A Resolution No Page 2 Sxc wling thk maximum boat density, or exceeding the mimber of permitted slips, lifts or buoys is a vrolafton of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. Ill DOCK LAYOUT llie 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 .ompliance with tlw ordinaiKC 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. 3. 5. Variances granted for 1994: a) West property line (extension of west line of Lot 2, Block 2, Walter’s Port) - 10' required, zero setback proposed b) Southeast property line (extension of southeast line of Outlet 2, Walter’s Port) - 10 ’ required, zero setback proposed The five slips arc approved for use by the following properties located in the plat of Walter’s Port: Slip 1 - Lot 2, Block 2 Slip 2 - Lot 2, Block 2 Slip 3 - Lot 1, Block 2 Slip 4 - Lot 1, Block 1 Slip 5 • Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) 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. Lot 5, Block 3 (part of Lot I, Carman Bay Heights) is allowed four boats maximum (1 of lagoon, 3 at outer lakeshore). Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regi lations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 5S323 473-7357 LICENSE YEAR 19*7/ twltAI. JOINT USE DOCK I tnrxsE APPLICATIOM Pursuit to Orono Municipal Code Section 5.42 Date Form Sent by City Staff Decemher 15. 1993 * rTTV r.C Arrrrr A ^ A V/ V' w w wr 30,^ 30, CC RtCEIFT-fhAfiS YOU 42974^0 COCl 715.*- OO'lS/- A VVV r- ? ‘-rw V .Act€a( n Date Application Returned to Ctt> Fee Received S By Emplo>*ce SKtion 5.42. Subdivision 2. 1 irFNSF REQUIRED - It is unljwful lor any (group or association of persons or families, more than two in number, whether incorporatwi o* not) to engage or participate in ... joint use (of any lakeshoie property) without first having obtained a license therefor from tte City. PLEASE COJVtPLETE ALL ITEsMS AND SUBMIT SIGNED APPLICATION. REQUIRED A^SeNTS.^^^ LICENSE .APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. association informa tjq:< 1. Association title or name (if any) 2. Lake UrJ4f{^ P<rJ' • - - - - m ' ^ /*(laUj.-tct\.CA_______ Bay . ?. Person responsible for this application: _ Name ______ PljP* Mailing Address 0 ( Relationship to association iMe Association is (check applicable items): ^^0 unincorporated homeowner’s group. incorporated Homeowner’s Association, unincorporated club or recreation group, incorporated club or recreation group. Page 1 of 5 ctX- 1 8 1994 Principal purpose of joiitt use dock is (check applicable items): provkie boat OKwring and lake access for residential property. _____ provide swimming »cc$s, 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 outlet owned in common, property leased by the group/association. ____ prcpeit)' owned by the group/association. List Dock location and ownership information: M Street address V _____________ ( Legal property description PI D 4f Listed property owncr(s) 8.Names of abutting lakeshore (N orth^ West)________mrty owners: ^South/East) (Name Uj rA ^<n!7 (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: 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. ^3^ 5Y32"/ Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $ J/kl\rirPublic liability, per occurrence Page 2 of 5 10.Securit>- and policing of the jointly used dock and property is provided by (check applicable items): y ------ ^ ____ fencing tx security lighting x/ property owner’s presence contract security serv’icc other (specify) ruiCK 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 13. Dock Construction (check applicable items): ____ seasonal doc»^ (relocated o» replaced each yeaO^ ____ pemunent piling with seasonal deck J;::^nnaneni piling and decking ty wooden decking ____ metal decking List Dock Accessories: Number of fire e.xtinguishers available at the dock ---- Number of life preservers available at the dock C- 15. 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 5 _ 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. 'paces. frosio N A>n SEDIMENTATION CQNTRQL 16. Shoreline is protected by (check applicable ^ Slone rip rap _X/ “O"* grass and vegetation only ____other (specify) concrete seawall ____grass anu 17. Depth of water at shoreiine: *' Page 3 of 5 REQUIRED ATTACHMENTS A. B. C. The following must accompany this application: C PLAN • ALL APPUCATIONS ^ A dock plan, drawn to scale, showing the shoreline widtii of this property, t2»e si<*e property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS ^ 1. A list ^f 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 retwired if the appikaiM initials and certifies the following statement: ‘This is a renewal tpplicauon arrf ouyoim use dock is to be operated under the same by-laws or agreenKnt originally made in (state year) and on file with the City.’ 1_ Applicant’s initials INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers 2.A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note; These copies are not required if the applicant initials and certifies the following statement: ‘This is a renevi^ application and our joint use dock is to be operated under the same articles of iiKorporation 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 APPUCATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE. per year PTIT.^ .^I IP FFF for each permanent moorage slip, lift, dry stack, or buoy _____slips @ 2.00 each $ $2o.oa TOTAL DUE THIS APPLICATION $ $ /O. 2,0.^ Page 4 of 5 LATE FEE - Renewals Applk:ation for renewal of iKenscs shall be made no later than March 1 of the license year. The City shall not accept retgwal license .applications receiv'cd after March 1 unless it» application is accompanied bv a late fee of S25.0Q. REVIEW PROCEPLTIE When a compiete application is received, the application will be reviewed by the City C ouik U 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 lime to perform safety and code compliance inspections. Siened Date Page 5 of 5 _____ _____ ft_^''^1%— — —------ __ sroRJJ^ ___________________________________________________ Z 7tf/UJ/^ /^A- *:/l(-7S5^/ p^/ A cAfr^oHL 2.10 1- V7V 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, 1994 TO DECEMBER 31, 1994 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes. State Statute 412, et. seq. and State Statute 462, et. scq.. to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Depanment of Natural Resources of the State of Minnesota; and W'HEREAS, the regulation of the navigable waters involves an exercise of police power of the Sute, LMCD, and the City of Orono, all of wivch 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 W'HEREAS, 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 owiiers to the extent prohibiting any interference with the public waters adjoining their propeny. 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 mumal right of enjoyment exists between and is shared by riparian owners and i'ie 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 pubbe but the right to each riparian owner. This mutual right of enjoyment which is shaied by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, TH^ REFORE, 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 14th day of March, 1994. ATTEST: Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this l4th day of March, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE 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, MiniKapolis, MN 55403 License Period - January 1, 1994 to December 31, 1994 II. BOAT DENSITY The number of in-place boat slips, lilts 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 West Arm 0 6* See Item IV-4. 1 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. lU. DOCK LAYOUT The dock strucnire 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 leaves 5 rental units on the site, resulting in the reduction to 5 licensed slips for 1994. 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. ir« CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 ' r •LICENSE YEAR 19_34 ^ • 'em OF OliO^ nVfAijrc rrr^rr i Tf Tr.V‘,W'V'W :• rrvV A UkiT .V• vv ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 T"*C^CK TL R£aIPT-rliA^^ you 4"0r-.,V^ r.V'M TjC- Date Form Sent by City Staff December 15. 1991 Date Application Returned to City Fee Received $ ^ ^ _____By Employee 9 Section 5.42, Subdivision 2. UCFNSE REQUIRED - U is unlawful for any (group or association of persons or families, more than two in number, whether mcorporated or not) to engage or participate in ... joint use (of any lakeshorc property) without first having obtamed a license therefor from the City. 1 OF THE UCENSE YEAR. association 1NFOR.MATION 1 Association title or name (if any) Lake ffliAnaVort^CA ________ ---- 3.Person responsible for this application: Phone MaUing Address DupftO^ ^sl«.nuc SouIJa--------------- Relationship to association Owner --------------!------------------ 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 A? .-i i, V^/ AW/ 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): a one member’s private property. ____ easement or outlet owned in common. ____ property leased by the group/association. ____ property owned by the group/associalion. List Dock location and ownership information: Street address Legal property description tH 77 piD#________n-in-zs 2-2 _________________ Listed property owner(s) 2uc\yn^ei____________________ Names of abutting lakeshore property owners: fNorth/We.sti “^C.\)V MQC>$ PtSUc (South/East) (Name + Address) GoACor^i» (Name + Address) Names of other aflected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: ^ property owner’s JjyiiiujwiiLT^j policy^ . separate group/association owned policy. List the following information: Name of insured______ \4 ____________ Name of insurance carrier ♦Ji.sU Name of insurance agency _________________— Policy No. Effective date of coverage “12l5/qW Amount of coverage: Public liability, per person, per occurrence $ \iOOO,60Q Public liability, per occurrence $ \tQf^i*^0 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) DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: iSS" ft. Length of main dock from shore: Dock setbacks from side property lines at shore: ft- and LS Dock Construction (check applicable items):12. 13. 14. 15. SL ft. ft. ^_ seasonal dock (relocated or replaced each year) permanent piling with seasonal deck ____ permanent piling and decking metal deckingwooden decking List Dock Accessories: Number of fire extinguishers available at the dock Number of life presetsers 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. 'I'U spaces. FROSION 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: O ft; at 50 ft. out: _tj_; at 100 ft. out: — Page 3 of 5 REQUIRED ATTACHMENTS The following fflusl 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 ail docks, slips and buoys. If off-street parking, dry storage or other on-laod functions arc intended, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and cenifies the following statement: •This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (state year> and on file with the City. __________ Applicant’s initials INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. 3. 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. 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 PI II.S SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy Cn slips @ 2.00 each TOTAL DUE THIS APPLICA’nON $ $ 20.00 \t.ot ^Z>00 Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March I of the license year. The City shall not accent renewal license apolications received after March 1 unless the application is accompanied bv a late fee of S25.00. 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 UCENSE 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 r*k ^ Page 5 of 5 % . /irsou'Ario.o /^o.3246 I '4i*1 O •V-. V 11.5 V»A jo.I I / rv p- ^ I •. V L^* ^-^ *• V•L'i 1. j* • *- -j. * *^-\..; 6$'*i t##5 5*«. l«-ii7-Z> FEB 81992 l_»«.CJD.SanJu Beach Pla'cfi. . DocK Plan ^At,PV 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, 1904 TO DECEMBER 31, 1994 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 Naniral 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. ail 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 *\nd 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 Ot.’.y 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. Page 1 of 2 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 14th day of March, 1994. Edward J. Callahan, Jr., Mayor ATTEST; Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . ... pw u The toregoing instrument was acknowledged before me on this I4th day ot Marcn, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of e City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. UCENSEE: Property owners of 460. 500 and 550 )nkawa Road Dock Address: 500 Tonkawa Road Agent: % Donna Snyder, Carlson Companies Address: Carlson Parkway, P.O. Box 59159, Minneapolis, MN 55459-8215 Licensee is:unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other______not applicable______ License Period - January 1, 1994 to December 31, 1994 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B. aid in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Stubbs Bay 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 issuaiKe 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 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). 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. Dr. Glen Nelson 500 Tonkaw* Rd Wayzata MN 55391 No. TAU. GRASS ocr «Dsz CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE VEAR 19 JAN 2 e 1994 ANNUAL JOINT i;SE HOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff December 15. 1993 Date Application Returned to City Fee Received 5 _______________ r T f}' rr LT\i\i^rc nerrre By Employee ,*i 1 rn.i V A r^nc _■ 71 iS.OO TO AAw VV M /Ti /CVA/ / ;;£L£I/^r-/r^V Section 5.42. Subdivision 2. 1 ICFNSE REQUIRED - It is unlawful for any association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. association information 1 . Association title or name (if any) ---------------- --------- 2 Lake Minnetonka_____________ Stubbs-------------------------------------------- 3.Person responsible for this application: Name ______________________ Phone 4. Mailing Address ________________________ Relationship to association________________ 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 8 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): X one member’s private property. ____ casement or outlol owiod in common. ____ property leased by the group/association. ____ property owned by the group/association. List Dock location and ownership information: Street address 500 Tonkawa Road ____ Legal property description MW*t-SWH,, Section 5, Township 117, Range 23 PI D# Listed property owncr(s) Dr. Glen D. Nelson & Marllvn C. Nelson ___________ Names of abutting lakeshore property owners: (North/West) ^ Edwin C. Gage, 460 Tonkawa Road, Long Lake, MN 55356 (Name + Address) (South/East) ^ Mrs. Curtis L. Carlson, 550 Tonkawa Road. 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 D. & Martlvn c. Ngisnn ________________ Name of insurance carrier The American insurance Company Name of insurance agency H^rris-Homeyer Co., Edina, MN 55424 Policy No. NZA 131 9205 ______Effective date of coverage 6/3/93 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 _x__ security lighting __property owner’s presence contract security service other (specify) *Note: Dr. Nelson's shoreline is 396'; the combined shoreline• adding Csrlson's 4 Gage's is It242'. 11. n. ft. 12. 13. 14. CK INFORMATION List Dock Use Area SpeciHcations: Width of shoreline: 296* ft. Length of main dock from shore: 95’ Dock setbacks from side property lines at shore: _________ ft. and -------------- Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) ____ permanent piling with seasonal deck ____ permanent pUing and decking __ wooden decking ____ metal decking List Dock Accessories: Number of fire extinguishers available at the dock The boats are equipped with extinguishet Number of life preservers available at thedockThe boats & storage shed List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Permanent moorage slips__ Dry storage (rack) slips Transient (day use) off-shore buoys Permanent moorage off-shore buoys Maximum number of boats at the dock _9 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. (Residential, there is ample parking available). FROSION AND .SKDIMENTATION 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: 1/2 ft; at 50 ft. out: 6'—; at 100 ft. out: __l^ Page 3 of 5 REQUIRED ATTACHMENTS Tte following must accompany this application: A. B C. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shorcliiw width of this property, the side property lines and the location, layout aral 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. See Exhibits A, B, & c. UNINCORPORATED GROUPS OR ASSOCIATIONS Not Applicable 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 sanw by-laws or agreement originally made in_______ (state year) and on file with the City. Applicant ’s initials INCORPORATED CLUBS OR ASSOCIATIONS Not Applicable 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_______(stale year) and on file with the City." GDN 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 PI I IS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy 9 slips @ 2.00 each TOTAL DUE THIS APPLICATION 20.m 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. Hs City shall not accent renewal license applications received after March I unless the apnlicationi is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed b> 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 safetyiind code compliance inspections. Signed ^Glin D. Nelson ^ Date January 20, 1994 Page 5 of 5 EXHIBIT A Dr. Glen Nelsont 300 Tonkawa Rd Umyratm Long Lake, MN 55356 TAU OPASS M«LCfe.l«t.U oci %rm V REQUEST FOR COUNCIL ACTION DATE W4R ) 4 1994 ■P^uS^i9flQ ITEM NO.:/d Department Approral: Nane Michael P. Gaffron Title Assistant Planning & Zoning Adnumstrator Administrator Reviewed:Agenda Section: Zoning Item Description: Status Update - Septic Moratorium and Study List of Exhibits A - Ordinance to Extend Moratorium for Six Months Status of Study Steve Weckman and I are nearing completion of a number of research and compilation aspects of the smdy, as follows: • Mapping of the individual neighborhoods of concern ("hot spots") have been completed, indicating the location of property improvements, existing septic systems, and potential future drainfield sites. • Nearing completion is an analysis of the existing system conditions and the availability of alternate drainfield sites which will allow prioritization of neighborhoods based on current and future expected sewage treatment needs. • Property valuation data has been assembled for each neighborhood, allowing prioritization of assessment potential, as well as providing an indicator of relative income levels and ability to pay for septic upgrades or sewer installation. • An analysis has been made of the expected costs for replacing failing and non conforming septic systems in each neighborhood. • Underway is a preliminary analysis of potential routes for municipal sewers to serve each neighborhood, and a preliminary analysis of costs to sewer each neighborhood. • An analysis of planning implications is underway, and will address a number of points: Potential comprehensive plan revisions and MUSA boundary extensions. Compatibility with our comprehensive plan philosophy as well as other agencies’ goals and policies. Potential impacts on local and metro sewer systems. Request for CouiKil Action continued page 2 of 3 March 11. 1994 Status Update - Septic Moratorium ar»d Study • Federal and state financial assistance programs have been reviewed. County programs are still being checked into. Underway are analyses of: Commercial bank loan programs for septic system upgrades. Ways that Orono might provide aid to residents for septic system upgrades, which might include: City bonding for a loan fund for septic repairs (might offer lower interest, longer repayment.) Potential for "specially assessing" septic repairs through the County tax system. • The history of City’s financial participation In sewer construction projects will briefly be reviewed, and discussion of the potential for future City participation. • .Alternative methods of sewage treatment/disposal and the pros and cons of each have been analyzed. • The impact of specific potential septic code or enforcement policy changes have been addressed, with the viability of various options analyzed. Realistically, staff is 2-4 weeks away from completing its "fact finding" phase of the study. The nent step would be a presentation to Council, perhaps at a work session, during which discussion of a number of issues would be helpful. These may include: • Potential "leap frog" effect of sewering "hot spots". • Potential impacts on overall City development philosophy. • At what level of current or future need should a neighborhood be considered for funire sewer. • Given the costs and needs analysis, are there certain areas that should be given a high priority, or others which should be dropped? • D. the financial and planning implications of sewering certain areas suggest a cenain prioritization? • To what degree does the Council anticipate the City should be involved in directly or indirectly financially assisting sewer installation/septic upgrades? Request for C ouik U Action continued page 3 of 3 March 11. 1994 Status Update - Septic Moratorium and Study The final goal of the snidy is for staff and Council to conclude whether or not specific areas should be sewered, and in what time frame. Additionally, the City needs to reach a conclusion regarding the timing and triggers on upgrade of non-conforming systems, i.e. proceed under the current code or make revisions as necessary . Moratorium Extension ORDINANCE NO. , SECOND SERIES AN ORDINANCE TO EXTEND THE MORATORIUM ESTABLISHED IN ORDINANCE NO. 120, SECOND SERIES ON THE ENFORCEMENT OF CITY ORDIN ANCES REQUIRLNG UPGRADE OF CERTAIN NONCONFORMING SEPTIC SYSTEMS AS DESCRIBED HERELN. THE CITY OF ORONO ORDAIN’S; The Municipal Code of the City of Orono is amended by adding Ordinance No. J2S —' Second Scries. SECTION 1. Statement of Policy . The Cit>- Council finds that the City is presently faced with the potential of numerous applications for building permits for properties which rely on on-site sewage treatment systems for sewage disposal. Prior to February 10, 1992. such existing on-site sewage treatment systems with less than 3’ of unsaturated soil or sand between the distribution device and the limiting soil characteristics, were considered by definition as "subsundard systems". Such "substandard systems" were not required by code to be upgraded when a request for a building permit for any purpose was requested. On February 10, 1992, however, the Council adopted revisions to Section 12.30, the On-site Sewage Treatment OrdinaiKe. This new ordinance defined as "nonconforming systems ’, any system with less than 3’ of unsaturated soil or sand between the distribution device and the limiting soil characteristics. Funher, the ordinance retained language appearing in the code since 1978 which required that systems found to be nonconforming shall be brought up to conforming status within one calendar year. On February 2 ‘, 1992. the Council adopted a new Shoreland Ordinance. The new Shoreland Ordinance required that a nonconforming sewage treatment system as defined in Section 12.30 and located within the Shoreland Overlay District must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, a property. Enforcement of this ordinance requires that the conformity status of an on-site sewage treatment system within the Shoreland Overlay District be determined and found nonconforming before issuance of a building permit. The Orono Community Management Plan, or "Comprehensive Plan", identifies a number of areas in the City which are currently not provided with municipal sewer, but which because of location near a water body or existing density of development, must be monitored carefully to ensure continued satisfactory use of on-site sewage treatment systems. These areas might be severely impacted by enforcement of the ordinances requiring system upgrade. The potential desirability of providing municipal sewer service to these areas as an alternative, has not been studied. It appears to the Council that the consequences of requiring upgrade of nonconforming septic systems in ite Shore land Overlay District at any time a building permit is requested, may be undesirable in some respects or at some locations. The Council, therefore, finds that it is necessary to study the impact of such requirements on the underlying purposes of the City’s land use and zoning provisions, on the |»ovisions of the City’s comprehensiv’c planning, and on the citizens of Orono. The Council further finds that if, as a result of this study, the land use controls and zoning provisions contained in the City Code or the provisions of the Community Management Plan need to be revised, such revision is a process that cannot be accomplisted until a study has been completed and a hearing held. During this period, it is desirable that the Council establish guidelines for the benefit of those who wish to improve their property and for the benefit of those who have or will be found to have noiKonforming systems, in order to bring about savings of public and private c.xpeiKlimres and to provide the public guides to future City action. Since enactmem of an amendment to the code would undoubted!) modify existing regulations concerning the required upgrade of septic systems which are nonconforming solely due to the lack of 3’ separation as noted above, the funher enforcement of requirements to upgrade such systems would be contrary to the purpose of the Zoning Enabling Act, Minircsota Statutes 462.351. et. seq. The Council further finds that it would be unwise, improper, and unjust to enforce the requirement for such upgrades to occur during this study. Therefore, the City staff s authority to enforce the requirement for upgrade of such nonconforming systems shall not be exercised during the limited terms of this ordinance, as provided in Section 3. SECTION 2. Study. The City Council on September 13. 1993 adopted OrdinaiKC No. 120, Second Series which initiated a study regarding the implications of requiring upgrade of nonconforming sewage treatment systems as a condition of building permit approval, and further regarding the implications of requiring such upgrades in areas that might be served with municipal sewer in the future, and the potential need for amendments to the City Code and Comprehensive Plan to implement the results of said study. This study is currently underway but has not been completed. SECTION 3. Extension of Interim Ordinance . The City Council finds that it would be unwise, improper and unjust to enforce the requirement for septic system upgrades as noted above until the study as provided in Section 2 has been completed. Section 4 of Ordinance No. 120, Second Series allows the duration of said ordinance to be exteixled by adoption of a subsequent ordinance for up to 18 additional months after the March 13, 1994 expiration date. Therefore, the City Council hereby extends the interim ordinance per the provisions of Section 5 below. SECTION 4. Restrictions on Enforcement of the Requirement for Upgrade of Nonconforming On-site Sewage Treatment Systems. For all properties located within the Shoreland Overlay District and which request a building permit or variance for any purpose, the City Inspector shall determine the confciuiity status of any on-site sewage treatment system in use on the property. However, if such sewage treatment system is determined to be nonconforming due solely to the lack of 3’ separation noted above, such nonconforming sums shall not be cause to deny the building permit. Further, for all areas of the City, either within or not within the Shoreland Overlay District, entorccmcni of Uk requirement to upgrade septic systems which arc nonconforming solely ditt to the lack of 3’ sq>araiion, shall be suspcntkd for the duration of this interim ordinance. SECTION 5. Duration . This ordinance shall expire on September 13, 1994, without Council action, or it may be repealed earlier if the Council determines that the requisite studies have been completed and a<k^>ted and that appropriate evaluation and action, including any necessary revisions of the Zoning Code, or Comprehensive Plan, have been finalized. The duration of this ordinance may be cxtemlcd by adoption of a subsequent ordinance for a total of not more than 12 additional months. SECTION 6. Variances . The Council may grant a variance to this ordinance if the Council finds after careful review of all the facts that a proposal is not contrary to the intent of the Comprehensive Conununity Management Plan, that it is compatible with the zoning aiKl official control amendments being considered by the City, and that it does not adversely impact the health, safety or welfare of the citizens. SECTION 7. Separability . Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part; and if any section, provision, or part thereof or action taken hereunder shall be held invalid, it shall not affect any other section, provision, or part. SECTION 8. This ordinance shall be published in the Pioneer and the Laker and shall be effective immediately upon publication. Adopted by the City Council of the City of Orono on the 14th day of March, 1994, by a vote of ^ayes and ^ nays. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk ( REQUEST FOR COUNCIL ACTION DATE WMlfCftiBrwG ^ 4 1994 f fl?WW ITEM NO.: // Departmoit Approval: NaaM John Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: Engineer’s Repon Item Dcscriptit Municipal State Aid Program Attached for Council review is information regarding the reconstruction of Municipal State Aid roads in the City. The information was requested following a Council \^'ork Session on February 15, 1994. After the Council has reviewed the material and decided on a road width, staff is requesting Council to direct staff to prepare a feasibility study for North Brown Road. if A Bonestroo Rosene Anderfik&m Associates Engineers A Architects March 9, 1994 Mr. John Gerhardson City of OroDo P.O. Box 66 Orono, MN 55323 Re: Municipal State Akl Fik No. 13901 Dear John: Obd Q iurMoa n. ■BDe«t ^ ttMtnr Pf * iOfiHh C Andra rc Meivm L Wrwiie ^ f Af t Caoa Pf ThmhM i Noyrv Pf «30PA G n Wwn M ffervtn C PA •Seno Curn«i«4rti A Pf acuh A Gotdon Pf M««i t PMat Pf •ICAM pf Oevi0 O U9M0U pf MeA C tuiaim At a Jerty A lui^iigeh Pf MeAi A HufAian Pf MKAaB T iBjimenn Pf 1M« f«l0 Pf Thttmes t Anderssin A. a OoAjid C lui^iidl Pf TAomM f Ar^fwit Pf Pf Mkami P «eu Pi l^iuip i PyrB PI Afnn H fng A iC P r»«ni« » Hmnan. Pf C L^nch Pf ieAsrs t hMand Pf i»wy O Pf MmnMA P AAdmon. Pf ftaAi ■ Mi Pf HM A inp P€ Wk Mu>«en Pf 0«ri«t i CtigrM' Pf AM tu khfM Pf P^««p i C amma Pf Ment Q MhA PC Man i Jtnwh Pf i Mb Gijitpi ■ Pf •MA L B Pf Gary O fMoPna Pf f Mi Mb Pf «Mh t M Pf iPAM. Pf M«hO GmUM Pf CeiMi Oaw«i Pf CrvMi A frcaton Lep M PawteAfcy Harter M Oaop iames ^ We have prepared a capital improv’emcnt program schedule for MSA streets. 1 he schedule is based on the condition of the facilities, traffic volumes, and the availability of MSA funds. The schedule includes estimated cost, tralfic counts, and a condition rating for each street segment. We have also prepared cost estimates for a typical MSA street (one mile long) with a 10 ton design section at various widths. The construction of a bike path along the street is provided as an option. The following is a summary of the cost estimates for the Street Parking Speed limit Estimated Estimated Width Conditions Conditions Street Cost Trail Cost 28 No Parking 35 $890,000 $45,000 32 Park one side 35 920,000 45,000 36 Park one side 45 950,000 45.000 38 Park both sides 35 965,000 45,000 The impact on the adjacent property will increase as the street width increases. The trail will also increase the area to be disturbed by approximately 15 feet. The more rolling the terrain, the more filling and excavating that will be necessary. We have enclosed a copy of the traffic count map which indicates traffic volumes for all designated MSA streets. The 1989 volumes are adjusted and the 1993 volumes are the actual counts which will be adjusted up or down depending on the weekday and month they were taken. Please call if you have any questions. Yours very truly, BONESTRCX), ROSENE, ANDERLIK & ASSOCIATES, INC. /2 Glenn R. Cook GRC:lk Enclosure 2335 West Highway 36 • St. Paul. MN 55113 • 612-636-4600 >0n 3r Howana A Sanfoid. P£ Keith A Gordon, P£ «ot>en « PfeffMr. P£ Picnaid W fouer. P£ David O Lo^iuxj P£ C ffuSSM. AI A J^ffy A Bou/don P£ M^fk A Hanioo P£ MKhaei r fUuimsnn. P£ fe<J K fietd P£ Thomas P Anderson A1A Donald C Surgaidt P£ Thomas E Anguv P£ »WT;ae» Ma/imei. P£ M<ha« P Rau P£ Phaip j Pyne pf Agnes M Pmg aicp Thomas W Ptuttion. pf M<haei C Lynch Pi ft Maland Pi ^ffy O Ptnnch. Pi Kenneth P ArvJeison Pi Mart P PtiPs. PE Mart A Se<xP£ Gary W Morien P£ Daniel j Edgenon p£ A«an Pen Schmoi P£ PhAp j Caswetl Pi Mar* D VUMn P£ Maes 8 Jensen. Pf L Phahp Gravel m P£ Ksktn L Wierrmt. P£ Gary O K/ittoItt. P£ ^ fedd foitet Pi Keen p Vapp p£ Douglas J Beno*. P£ O Gusiahon PB Ceemo Otvier P£ Charles A Erickson Leo M Paweisky Harlan M Oion Jarnei f EngetiarOT ini schedule for MSA streets. The schedule volumes, and the availability of MSA funds, jnts, and a condition rating for each street s for a typical MSA street (one mile long) The construction of a bike path along the IS a summary of the cost estimates for the Estimated Street Cost $890,000 920.000 950.000 965.000 Estimated Trail Cost $45,000 45,000 45,000 45,000 le as the street width increases. The trail iroximately 15 feet. The more rolling the be necessary. ap which indicates traffic volumes for all adjusted and the 1993 volumes are the epending on the weekday and month they 1S« OCIATES, INC. 12-636-4600 c ST ? S3 Pf i C 9 9 ® 2 2 ST a Q S > Wa “ o- Vi 3 2. 3 3 S 9^< r •■P-* ft w * c oF ':C c. aas U '-A 8 Kl>o £ a ^ K> ^ VJI I— vC ^ .U N> K>^ Qs I—» '-A o l-A K» ^ NO I—• CK^ a* o •—UJ Kl ^ VO ^ tsJ -vj O 22SK I— • ^ 4ik. 00 Nil* TJas 9^a> -- I ? C. w X o. P K> < ft X XP O (Mlo I )£ t:n 3 o Xo Pia o 9^c: o ® ?' Xcu o £ K) I—* 8 T) E. ^ K) ^ ^ ^ O t 5; O L>j ro 10 'vj 4^ N) o N- NO K> 4^8 OnLAo 8 •ri as no c Xo.T Xas 0 X mi w 9a. f 9 = 5 ^- CP5o s. o r "aIs X ^ S o a 9f - 5 » o ? n c. O X z > 4^ La O <3 X0o n Q 0 a. a ^ ^ E. •i*0 tn 1 ^ft o r- 9 ft H ..Q ir a. S-* D 'TQ 8'^ as D. K) O K> z > 8 p ls» <n 3 ’o 9^^ £. ft 9 ?s. ;? n-i e w ^ ft 8 8 8 z > a! n Vi H P9n S r U) VC i’ll •• f% ? t/iIf O ^ 3 I I 00 NO K» Oo KPS o o 3 § I ^ I § I Co hi aIIi:>3 f?* REQUEST FOR COUNCIL ACTION rl' ' " ^^fOUOHO DATE: March 11. 1994 ITEM NO.;/X Departaent Approval: Name John Gerhardson ntk Public Works Director Adminia^rator Reviewed:Agenda Section: City Administrator’s Rq»rt Item Descriptum: Crysul Bay Playground - Park Commission Review The Orono Park Commission has reviewed the property in Crystal Bay to determine the best use of the property for park use. They have conducted public information meetings and worked with neighborhood residents to determine the best use. Attached is a memo from the Park Commission representative recommending the appropriate use. TO:Nlayor Callahan and Orono Councilmembers Ron Moorse, City Administrator FROM: Lili McMillan, Susan Wilson, Alex V'ongries, Park Commission Members DATE:March 17, 1994 SUBJECT: Crystal Bay Playground Recommendation After two public meetings on Crystal Bay Park and subsequent discussion at our March meeting, the Park Commission would like to recommend the following in regards to the future of the Crystal Bay site: 2) Combine Parcels A and B to make one large green space. Begin the process of vacating Prospect Avenue. It is the feeling of this Commission, and the majority of the residents at our public mecimg, that closing Prospect Avenue would create a more substantial and safer park. Combining these two parcels allows for more flexibility and options for park use. The residents at our meetings felt the benefits of closing Prospect outweighed the inconvenience of changing the traffic flow. Consideration should be given to coordinating the street vacation and blacktop removal at the same time further grading and seeding is to be done at the site. Parcel C is not recommended for use as park land (because of its location and size). The Park Commission is not interested in the Council Chambers building for any use. 3) Initiate Cry stal Bay park plan with a consultant using CDBG money . The Crystal Bay residents have provided us with good input on recreational priorities for the park. It would be helpful to have professional help with the design, layout, material use, construction and cost analysis in determining which recreational facilities would be best suited for the site. Coordinate post office parking with the Park Commission to insure parking does not interfere with park plans on Parcel A. This specifically would include landscaping plans to enhance the attractiveness of the Post Office and provide a natural boundary from the playground area for safety reasons. REQUEST FOR COUNCIL ACTION GOUNCIl MErjl. MAR 1 4 1994 cmroFORCiVa DATE: March 10. 1994 ITEM NO: | ^ DepartmeDt Approval: Name Ron Moorse Title City Adminisuator Administrator Reviewed:Agenda Section: Cirv Administrator's Report Item Description: Resolution to Change Brown Road Addresses The City of Long Lake in consultation with the Fire Department, the Police Department and North Memorial Ambulance Service have passed a resolution to make the addresses consistent along County Road 146 for public safety response purposes. The resolution calls for the entire length of Brown Road from its northern starting point at County Road 6 to its end in Crystal Bay at County Road 51 to be called Brown Road, and calls for Watertown Poad to be the dividing point between north Brown Road and south Brown Road. This proposed address system is consistent with Orono ’s current address system and does not require any address changes in Orono. It is also consistent with the address sequence on Willow Drive and Old Crystal Bav Road. The Building and Zoning Administrator, Police Chief, and Public Works Director a»^ all supportive of the change. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution clarifying the addresses on Brown Road A RESOLUTION TO CHANGE BRO^N ROAD ADDRESSES WHEREAS, it is the desire of the Long Lake Fire Depanment to se. entire length of Brown Road, from its northern starting point at County Road 6, to its end in Crystal Bay at County Road 51 or North Shore Drive, be called Brown Road; and that Watertown Road be the dividing point between North and South. NOW, THEREFORE BE IT RESOLVED, by the City council of the City of Orono, Minnesota as follows: That County Road 146 from County Road 6 to County Road 51 (North Shore Drive) will be called Brown Road, with Watertown Road the North-South divider; AND FURTHER, any address South of Watertown Road on Brown Road will be Brown Road South and any address North of Watertown Road will be Brown Road North. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held March 14, 1994. Edward J. Callahan. Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk City of Long Lake 1964 Park Aveme • Long Lake. Minnesota S53S6 Phone: (612)473-6961 Febraaiy 19, 1994 Mr. Stevea Sulfivan Orooo Police Depatneot P.O Box 66 Crystal Bay, MN 55323 Dear Steve, The Long Lake City Couodi passed the attached Resolution, at the Fehniaiy 15th Cooned Meeting, ft authorizes die changes discussed by the Fite Deparunent, Police Deparunent and Nofth Memorial regardh^ Brown Road. Please forward this Resdution to the Orono Couned and request that they also adopt Resolul siq^porting this action. If you have any quat ions, please contact me at 473«6961 Sincerely, - LuVeme Hanson City Clerk/Treasurer / cc Ron Morse ^✓Orono City Administrator i i ■ .-v r^miKW^ 11* ■. I hi ri . mv. Tl^ TiT« »■' ^ 1 *r*ii TTT77 ■ .TMfiTTTTW «I^ 11 Ll i i I n .<»-.» M i * M I*i > * rTTTmMj mT’Ii •i4r^»WL L«j >v \A> 1‘ WtWC/ifljr _ ^ " 1994REQUEST FOR COITNCIL ACTION DATE: March 10, 1994 ITEM NO: 1 ^ Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse i/h City Administrator’s Title City Administrator tin Report Item Description:A Parks Need Survey ATTACHMENT: Survey Proposal From Decision Resources, Inc. Backgrourel The City Council has directed the Park Commission to conduct a process to determine the future direction for Orono ’s park system. The first step in the process of determining whether changes are reeded in the City ’s Comprehensive Parks Plan is to obtain information from the city ’s residents about their level of satisfaction with the current parks system. The most effective way of obtaining this information is to conduct a citizen survey. Mailed Survey vs. Telephone Survey A citizen survey can be done most cost effectively as either a mailed survey or a telephone survey. I recently discussed mailed surveys and telephone surveys with a staff person at the University of Minnesota Center for Survey Research who recently conducted a park survey for the City of Plymouth. The survey conducted for the City of Plymouth was a mailed survey. However, the survey was mailed only to a random sample of residents. The staF person indicated that a survey that is mailed to all city residents would not be as statistically accurate and would involve significantly more time, effort and cost than a survey mailed to a random sample. She also indicated there is not a significant difference in cost between a mailed survey and a telephone survey, and the statistical accuracy of the two are very similar. The reason for the similarity in cost is that each requires a significant amount of time and effort to develop the survey questions. Each also requires approximately the same amount time co analyze the results. Also, the costs of mailing the questionnaires and follow-up remii.dcr.' ».s very similar to the cost of conducting the survey by telephone. The Plymoutli survey was sent to 800 people and approximately 500 responded. For Orono the survey would be sent to approximately the same number of people and a minimum of 370 responses would be needed to ensure statistical accuracy. The cost of the Plymouth survey was approximately $9,000. Decision Resources. Inc. Proposal The city has received a proposal from Decisions Resources Inc. for a telephone survey at a cost of $7,200. Based on the information comparing a mailed survey to a telephone survey, and on the cost of the Plymouth survey; it is recommended that the city accept the proposal from Decision Resources Inc. for a telephone survey. Parks Need Surrey Memo March 10, 1994 page 2 of 2 Park Planniny Consultant Assistance Because of the importance of ensuring the sur\cy covers all relevant topics and issues related to parks it is important that the city obtain some assistance from a park planning consultant i identifying the issues to be covered by the survey. This should be able to be accomplished i one or two meetings at a cost not to exceed $800. in in The total cost of the citizen survey then would be $8,000 to be funded from the park dedication fund. COUNCIL ACTION REQUESTED: Motion to approve the proposal of Decision Resources Inc. for a parks survey at a cost of $7,200 and related park planning consultant assistance at a cost not to exceed $800, both to be funded from the park dedication fund. Decision Resources Ud March 7, 1994 Mr. Ron Moorse City Administrator City of Orono Orono City Hall P.O. Box 66, Crystal Bay Orono, Minnesota 55323-0066 Dear Mr. Moorse; Decision Resources, Ltd., is pleased to present this proposal for survey research to the City of Orono. It is primarily based upon our discussions with you. We feel confident that the program outlined below will meet your objectives in a timely and cost- effective manner. This prospectus will first discuss immediate research needs, and then, develop a plan of action. ASSESSING THE ENVIRONMENT Residents based their opinions and attitudes upon their percep tions of the community; those perceptions, of course, can be correct or incorrect. Growth, both in the community and around it, changing demography, and personal experiences and needs contribute directly to residential wishes. As a result, simply gauging support or opposition to a proponed policy can overlook critically important informational considerations. There may be a need to dispel misconceptions or revise existing city policies and services prior to or in concert with a revision of a capital improvement plan. We have found that the neutralization of any lingering misperceptions well in advance of the planning process greatly strengthens the chances of majority support for the end product. For planning purposes, the following general issues should be addressed in any research for the City. A. What do Orono residents like least and most about their city and what role do parks and recreational opportunities play in their perceptions? B. Are residents generally satisfied or dissatisfied with .the level and provision of current city services? In particular, park and recreation programs, and park maintenance and upkeep? • • 3128 Dean Court • Minneapolis. Minnesota 55416 • (612)920-0337 • Fax (612) 929-6166 C Are Orono residents generally supportive of development policies to date, as well as planned future projects? Are resi- about maintaining a balance between parlc land and new housing developments, apartments, and shopping areas? E How ■investment-oriented" are residents? In other words, do residents feel that the city should be taking action at present to avoid growth related problems in the future? These data provide a good evaluation of the current recreational state of the city, as well as guidance on future directions. Issues more specific to the expansion of the park system and construction new facilities would include: 1 For what facilities are residents willing to vote to increase their taxes, if any? What would be the composition of an "ideal package for residents? 2. On various components in a package, are there "pockets" of intense support or opposition? 3 On average, how much more in property taxes would residents be willing to pay for additions to the park system and construc tion of other new facilities? What are acceptable and unaccept able trade-offs between facilities and property tax increases? 4. Would the inclusion of certain construction projects in fluence decisions, either positively or negatively? 5. How do residents obtain their information about city activi ties? What are relevant secondary communications channels -- clubs, newsletters, etc.? What channels are most effective tor reaching the broad composite of residents of the community. The answers to the second set of questions would permit the determination of the feasibility of any capital improvement plan. It is critical that these queries be answered before any proposal is brought for general approval or acquiescence by the city. RESEARCH STRATEGY Decision Resources, Ltd., proposes to conduct a telephone survey of 400 randomly selected households in Orono. A random sample oc this size would provide results projectable to the entire ci y within + 5.0 percent in 95 out of 100 cases. The ^estionnaire would be administered by DRL trained and supervised perso^el. The computer analysis would be obtained from the DRL remote dop entry facility to the University of Minnesota CYBER system, insuring both access to the most current statistical analysis programs and confidentiality of the data set. The City of Orono would be presented with two bound copies of the final report highlighting all the major findings of the study. DRL will also speak to any major differences from and similari ties with other recently completed residential attitude studies undertaken for Shoreview, Eden Prairie, Minnetonka, Corcoran, Burnsville, and Lakeville. A volume of all statistically signif icant cross tabulations and multivariate analysis will also be provided to the City. In addition, the findings would be pre sented by me at meetings with staff. City Council, and/or citizen commissions. The components of the project and the proposed time schedule is outlined below: 1. One or two planning meetings with you and other designated participants to establish topics for questions. This activity to be completed within two weeks of the initiation of the contract. 2. Structuring of questions and final approval of the survey instrument. These activities to be completed within two weeks of the initiation of the contract. 3. Final determination of the field dates for the interviews. 4. Pre-testing and, if needed, approval of resulting revisions. This activity to be completed by the second day of fieldwork. 5. Computer analysis and preparation of the written report. Frequencies of responses will be provided to the City within two weeks after the completion of all fieldwork. All statistical analysis and commentary will be available three to four weeks after completion of the fieldwork. 6. Meetings with you and designated participants to explain and discuss survey results. This preliminary discussion can be arranged at a time convenient for the City staff, after delivery of the written analysis. 7. Meeting with City Council and/or staff in either a work session or formal presentation to explain and discuss the results of the survey. The final discussion and strategy session can be arranged at a time convenient for Council members and/or staff after delivery of the written report. DRL personnel would be available as needed for additional meet ings and/or telephone conversations to answer questions about the survey, its findings, and its implications. Because of the nature of this study, combining both city assess ment and campaign objectives, I would act as Principal Investiga tor for the survey. In addition, ray partner, Diane Traxler, would serve as Project Director, overseeing all phases of the research. Cost of surveys are based upon two factors: size of the sample and number of questions contained on the instrument. The 250 households further”' briakdowTof Che ci^ residents inco groups of potential interest ^ resiLnceT occupation, income, renter or owner, and The base minimum survey length that DRL recommends is T^^V^r.V'lnUs ^though several^city PolX^^of^his^tj^^have ^rhousehotrwo.ple’^s $7,ioo.OO. Each additional question is $100.00. AS con>pany policy. is due Cpon delive^? of* ?STunar«i?«n'rep:rt"' For "“actual purposls, w, -ill the fwith a codv of our standard municipal ^g«ISenflori^y revIstLs he/she S^uld require to conform with city practices. t_. eiiffirientlv covers all the information you I hope this enclosed some further informa- information. We very much enjoyed talking with to Sork together.*°Bu?* ffairiasl; bLt ?f luck with your efforts. Sincerely yours, William D. Morris. Ph.D President WDM:bbk ends. ^ J994REQUEST FOR COL^NCIL ACTION ^^^OROfiff DATE: March 10, 1994 ITEM NO.: > tT Department Approral: Name John Gerhardson Title Public Works Director Administrator Reviewed:Agenda Section: City Admuustrator's Report Item D^ription: Public Hearing Community Development Block Grant (CDBG) Y’ear XX 1994 As in previous years, the Council must conduct a public hearing to receive citizen input so that we may receive CDBG fuiKls. This year we have received requests from three public service agencies as follows: We Can Westonka Intervention Interfaith Outreach $1500 $1500 $1500 The above public service agencies were funded the same amounts in 1993. There is also a request for park planning in the amount of $2700. As you may recall, the monies previously allocated for park planning were reallocated to Housing Rehabilitation because the funds were not used in the time allotted. The balance of $15,800 could be allocated to funding the costs of sewer connections for low income residents in the Stubbs Bay Sewer Project area. Information received from Hennepin County is that the funds allocated to this purpose in 1993 will not fund the amount of requests. RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1994 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Orono, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Orono has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and held a public hearing on March 14, 1994 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and City’s proposed use of $23,000 from the 1994 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED that the City Council of Orono approves the following projects for funding from the Urban Hennepin County Community Development Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 1994 Urban Hennepin County Community Development Block Grant Program Statement of objectives and Projected Use of Funds. Proiect Budget Westonka Intervention $1,500 WeCan $1,500 Interfaith Outreach $1,500 Park Planning $2,700 Stubbs Bay Sewer Connection $15,800 Adopted by the Orono City Council this 14th day of March, 1994 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr,, Mayor Page 1 of 1 J <^estonJ2o ^deimenlion 'P/iojcct mar 1 1994 >URCH 1.1994 lyji__; ; iffp TO: CITYOFORONO YEAR END REPORT FOR WESTONKA INTERVENTION PROJECT INC. FOR THE PERIOD OF MARCH 1993 THROUGH FEBRUARY 1994 CLIENT STATISTICS: Married with children .................................. 30 Married without children ............................ S Single with children ...................................... 18 Single without children .................................. 14 Other relationships........................................ 4 General assistance & annonymous.............. 21 TOTAL 95 REPEAT DOMESTICS:256 TOTAL NUMBER OF CLIENTS SERVED 351 472-2141 • P.O.BOX 34 • MOUND. MINNESOTA 55364 QAiestonfoa ^^nte/o/ention ^/loject March 1, 1994 TO CITYOFORONO RE BLOCK GRANT FUNDING AMOLTS.T; $1,500 00 Recent changes in state statutes on domestic assault and abuse necessitates your police depanment to develop a policy that n^iII 1) meet state la^^. 2) provide for umforra handling and reporting of domestic abuse and assault cases. 3) dispose of cases in a way that will keep them from reoccurring, 4) provide a body of language that can be modified to meet specific changes in existing laws As the law states, each city must align itself with a project for handling domestic assault'and abuse cases within their citv Research has demonstrated that arrest and incarceration coupled with inten ention was the most effective way of dealing with domestic abuse and assault cases As in the past. Westonka Inu* ention will continue to assist your police depanment to provide the vehicle in which to har ' e those domestic abuse and assault cases .Although 351 clients have been sened though Westonka Intervention, it must be remembered when reviewing these statistics that ongoing support is a very necessary- part of the program and advocates may work with victims for several months With this support, our clients are able to change their situation and start to live healthier lives Working with local police departments. Westonka Intervention selves the communities of Mound, Minnetnsta. St Bonifacius, Orono. Long Lake, and Spring Park and in the coming year will be expanding to hopefully serve the entire Lake Minnetonka Community This community based non-profit organization has been in existence since Nov ember of 198 and consists of a board of thirteen members and seventeen volunteers This request for CDBG Block Grant of 51,500.00 is made so that Westonka Intervention Project can continue serving the Lake Minnetonka Area. 472 2141 • PO BOX34 • MOUND. MINNESOTA 55364 v^nte/ti/enfton ^fiokct PROBLEM STATENfENT V'iolencc is a fact oflife la Minnesota and violent crimes are on the increase The State Department of Corrections estimates that approximately 70,000 domestic assaults occur in Minnesota annually No community is exempt from violent crimes, but prevention/intervention programs that exist within a community according to the League of Women Voter's Suidy on Domestic Violence, Apnl 1990, "Appears to be ideal venues for responding to individuals who have been v iolent or at risk for violent behav ior " Due to the demographics of the area, surrounded by lakes, the area is not easily accessible This makes it ditTicult for county funded programs to service the area Child protection workers, and the two closest shelterr were not adequately serv icing the area because of the long distance to travel In fact, the We^t Hennepin Human Services Planning Board found that the area is in dire need of social services including the area of domestic violence Westonka Intervention, a local community based program, was created as a response to this need PROGRAM OBJECTIVE The objectiv es of the program are to increase the communities aw areness of tne problems of domestic violence, to provide v ictims w ith access to support, and decrease numbers of repeated domestic violence People are often not aware that domestic violence is an ongoing cycle that will keep reoccurring until there is an intervention. Once they understand that there is a way to arrest the problem or reduce the incidence’s, they will ask for help either for themselves or others Batterers need specific treatment for their abusive behavior "Abusive behavior is like alcoholism, ” according to Chuck Switzer (a former batteier) who’s wife M’Liss is the author of CALLED TO ACCOUNT He says, "It gets progressively worse The *'ngs get more intense and they occur more often " Victims of domestic violence develop a very low self-esteem and begin to tuink there is no way out of the abusiv e situation With suppon and encouragement, they are able to begin better lives for themselves The most dangerous calls for police are domestics. Domestics can lead to murder and suicides "If an abuser do ..»‘t get treatment, sooner or later he/she ends up permanently maiming a person, killing someone, or killing him/herself," says Chuck Switzer Reduced calls to a residence lessens the danger for police Advocates aid our police by taking over where the police are unable. It is difficult for a police officer to drive a victim to a shelter or hospital, and to tell the victims of his/her legal options when they are on call and are short of time. 472-2141 • PO BOX 34 • MOUND. MINNESOTA 55364 QA^€§tonfca S^tefiuedlon METHODS When the police departments make an arrest in a domestic assault call, the police dispatch calls the primary volunteer crisis advocate on a beeper. The primary advocate contacts his or her partner and they then go to the home of the victim to offer support, safety, and legal options The advocate is trained to provide key information and assist the victim through the process of prosecution The advocate gives continued support whether an Order of Protection is obtained or not. Whenever possible, the assailant is also informed of the consequences he or she now faces and the treatment programs available to help them to change their behavior HOURS OF OPERATION Weekdays between the hours of 5:00 P.M. and 8 00 A.M. On weekends from Friday at 5 00 p m through the following Monday morning at 8:00 A.M. SPECIFIC INSTRUCTIONS WTiEN RECEIVING A CAL L FROM THE POLICE Based on probable cause the officer makes an arrest After the arrest the officer calls the beeper number The advocate responds to the number left by the officer The officer then identifies him herself and briefly describes the situation giving the name, address, and telephone number of the victim If no arrest has been made, or it there is substance abuse, advocates will arrange tor a more appropriate meeting time and place During the periods ol :ie that the advocates are not on call, the crisis telephone is available between the weekday hours of 8 00 A M through 5:00 PM COMMITMENT The police chiefs have committed their departments to this intervention process. The police response include: clear departmental guidelines on arresting when probable cause exists, contacting Westonka Intervention when an arrest is made, referring victims to the project even if an arrest has not been made Westonka Intervention arranges child care and transportation whenever necessary in order to maximize the accessibility of court services for victims The project will escort victims and offenders to support groups Arrangements and transportation to shelter, hospital and housing is also provided. Volunteers contribute their time to Westonka Intervention in other ways besides being crisis advocates A volunteer manages the crisis hotline daily from 8:00 A M. to 5:00 P M Trained volunteers speak to local groups and organizations A volunteer coordinates the monthly advocate schedule making sure the schedule flows smoothly and victim report sheets are being sent in. This volunteet also Keeps close contact with each advocates offering help where needed. 472-2141 • P.O. BOX 34 • MOUND. MINNESOTA 55364 r QAiesfonfca ^nte/tiGntion ^/loject TL\IE IN HOURS TO OPERATE WESTON'K.A INTERVENTION The volurjcer hours necessary to operate wth two advocates on call and maintain the crisis line are 15,132 hours anriually This does not however irKlude all of the other services they provide as stated in the previous paragraph. CONCLUSION Since November of 1985 VVestonka Interv ention Project has assisted victims of domestic violence This has been possible due to many wonderful volunteers from our area and the continued support of the cities Westonka Intervention Project serves This commitment not to accept violence as a fact of life in our communities, but to help men, women and children to lead more productive lives has allowed Westonka Intervention Project to continue to serve our community and it's members for the past eight years. DIRECTOR AND BOARD MEMBERS Valerie J Hessburg, Director and Founder Minnetrista, MN Dan Hessburg, CO-Founder, Minnetrista, MN Chief Craig .Andersv)n, Minnetrista, MN Officer Rob Meuwissen, Minnetrista, MN Chief Len Harrell, Mound, MN Officer John McKinley, Mound, MN Rhonda Eurich, St Bonifacius, MN Patti Guttorumson, Spring Park, MN Dr Jay Petersen, Mound MN Connie Stahlbusch. Mound, MN Fr Michael Tegeder, Mound, .MN Joan Underwood. Mound, MN Judge Mary Davidson, Minneapolis, MN Attorney Kathy Kehoe, Mound, MN 472-2141 • PO BOX34 • MOUND. MINNESOTA 55364 . * 3/10/94 INTnRFAITH OUIRFACH A COMMUNITY PARTNERS "Pvitftiv VmUtm to Hilfi Ptiftir" John Gerhardson City of Orono P.O. Box 66 Crystal Bay, MN 55352 Dear Mr. Gerhardson: Interfaith Outreach L Community Partners is the grateful recipient of a 15-passenger van donated to us by Cargill for our agency use in programs for children, food drives, our transportation of ESL/GED students, learning readiness pre-schoolers, etc. We would very much appreciate a grant of $1500 to be directed toward insurance, maintenance, repair and other costs related to the van. Many thanks for your kind consideration of this request. Sincerely, ’ --If LaDonna Hoy, Executive Director INTERFAITH OUTREACH & COMMUNITY PARTNERS fn • MAR i 0 1994 IIO Grand Avenue Sinifh. Wav/jia. NfinncM*ta 47"^-24.^6 r MEET7f«GMar 1 4 c/nr OFORONoREQITST FOR COUNCIL ACTION DATE: March 10. 1994 ITEM NO: f {q Department Approval Administrator Reviewed:Agenda Section: Nmm Tom Kuehn 'XM'K •City Administraior's Title Finance Director /^7 Report Item Description: Golf Course Liquor Liability Insurance Award DISCUSSION: The liquor liability insuraiKC coverage for the Orono Golf Course has a policy anniversaiy renewal date of April 1st. This coverage has been with the St. Paul Company. The prior four years premiums have been 1990, $1,575; 1991, $1,375, 1992, $1,375, and 1993, J 1.375. The renewal premium for 1994 is $1,438 compared to the 1994 budget amount of Si.513. COUNCIL ACTION REQUESTED: Award the Orono Golf Course liquor liability insurance coverage effective 4/1/94 to the St. Paul Insurance Company. Proposed Motion: Moved by seconded by _, to award the Orono Golf Course liquor liability insurance coverage for the period April 1, 1994 to March 31, 1995 to the St. Paul Insurance Company at a premium of $1,438. Ayes _, nays _. REQUEST FOR COUNCIL ACTION COUNCIL MEET! MAR 1 4 1994 CITYOFORONO iiu DATE: March 11, 1994 ITEM NO.:n Departomit Approval: Name John Gerhardsoo Title Public Works Director Administrator Rerimed:Agenda Section: City Admimstrator's Report Item Description: Lease Agreement - Orono School Sublease Agreement - OBA Attached for review and comment is a lease agreement between the City of Orono and the Orono School District to allow the construction of baseball fields on school district property. Also attached is a sublease agreement between the City of Orono aixl the Orono Baseball Association. With the exception of defining dates and costs, the agreements are almost ready for signatures. The final signed agreements will \x preserued probably on March 28, 1994 t I P.3 atom util «H3 ACRzo®rT 01 x^i, «4. .rr.cti^ .. of th, i.v DueHei i^e. zU ScSooI PoUtiotl •uMlviiian •ohool dlitriot tR<l y » t Nlnnaoeta nuniolpal corporatl^ CTonont*). tlTHSfiTBt ■fn ■ conaidaration of tbo rant, eovananta and byrSSt hSiS*2lT !2^ ^ parfomadIwaby daaiaaa and laaaaa unto Taaant and Tanaat dSSL2d**fS^JhI^*T25 the prasiaaa baraiaaftarparlod, at tba raatal and upon tba taraa *wa condltlona haralnaftar aat forth. ^ ^ IT XS ACRIED: TmtiMri' • baaaor laaaaa to Taaant and ^5®* taaaor that cartain pareal of land croaJiSatchS Htimapln Coun^ Xlanaaota, and aSd tha yS5??4?S ^ attachad barato and aada a part baraof115 » * ^ conatructad thereon aa barainaftar dafintd accaS°naeJ2ioJ?J^*^ nacaaaary aaaanaata and rlgbta ofpamit iRiraaa or agraaa froa a public *or.«ing oSll.etlv.lyrararrad to aa tba "Pramlaaa" or "Laaaad PraBlaaa*. . . . . .tba tamo and condltlona of thla Laaaa. 2. Bubjaet to ninataan f?4^ ™* ^ *0*“ ■ parlod ofnlnataan (19) yem and cleyan (11) sontbay coBnanclncron - - - - - - -- 1994, and taralnatlng on_ _ _ _ _ _ _ _, 3014. harain TaL£a provlalon to tba contrary5 ii occupy, antar onto or affoctiva on^52^ift£J“i?**'#f**^ La«a» »ay taralnata tbla Laafa tar!Satla«\?J.iJ^ urittan notloa ofaJfTi Tanant, if on or prior to . 1994, Tanant JllliifirSi •**HJ*t Laaaor avldanoa eraaidarad to ba ilalllSli aS Tanant baa auffiolantFacility? ••parata funda for tiaely oeaplatlon of tba vrlttv) iLandlord's priorMan£!? •pacifications and dravinga ("Approvad Sa”Laiaod^2£4Zl5^i4»°^?f..fT •***•«■• construction on j *.^'5**0* Praaisaa of a littla loaoua baaaball fiald. whieh aav inoluda playing fialda, dugouta, fanoing, landaeaping and othar 9*i LUiSoH F.a to oparit* •l»Uar llttu i«cgu« baaeball wiJh Cltla* UTM In ••tarUl eo«pliano« ?}«2 tb« r«ellltl«s mmy «xist fro* tia* to • Toiumt roproMnt* that it shall obUln all buildiA9 poralts or othsr a^oroyals, conssnts or panits ^ construct and opcrita the facility, and ^st ths facility and ths uss thsrsof shall cosply vlth all huildlni and «Ming ^ss, and fsdsral, stats and local lavs. Tenant has kept ths Lsassd Prsaisss frss and elsar of all MchMle s lions. Tenant shall not comonce any construction nor peralt any act to give rise to potential olalaa of seChanlos llsM or the like onltss and until (a) the financing reqalreaent in Section 3.2 has been fulfilled, (b) Landlord has agreed in '***®** APP*‘oved Flans, and (o) Tenant has obtained all Building peraits and other approvals, consents and permits nmsspy to construct and operate the facility in ceaDllance vi^ all building and sonlng cedes, and any other applieable atats or Xoeei lew. if the eendltlons outlined in this section 3 shall not have been eoapletely fulfilled In Lessor*s reesonebXo opinion on or prior to . iff4, thon Lesser shall have ths right to tsnilnate this Lsaso effsetlvo upon the loth day sftsr providing written aotioe of teralnetlon to Tenant. Tenant shell ooaaenee eoaetructloo of the feolllty vi^ln 30 business days sftsr all of the terse end oenditions of this Seetlon 3 have been fulfilled and approved Toy Lessor, mad Tenant shall eoaplsta tha faoility in a flrst-elsss good and vorkaanlike sannar, fraa and claar of all Bsohanies and othsr liens and aneusbraneas, on or prior to . iif4, 4. RBtI» As and for payasnt of all rental dua during tha tars haroef. Tenant will pay tha total costs of construoting tha facility, tha initial costa of which Losoor and Tenant agroa ogual apprexisataly Ona and no/lOOths Oellars ($1.00). 5. aecEPTAweB QF Except for the covenant of quiet anjoysent sot forth in Artiela 34 of this tsaaa. Tenant accepts ths Lssssd Prsaisss »AS^Z8«, and sgrsss that nsithar ^sser nor any party for vfacs Lessor say ba raspcnalbls has sada, ia making and shall ba daasad not to have sado any warranty or reprasentatien, axpraaa or ispliod, with rsspset to any aspect of the Leeeed Fresises, or anything thereon or thereunder, legal, physical or othorwiaa, ineluding without lisitatien, any accese, aoil oonditlons, toning, sawa^, water, alaotrieity, gas, tslsphons or tha like. Tenant nas nad opportunity tw inspect the Leeeed Frsslsss and evaluate Tenant's planned use of the Leased Prenises, end accepts all rlskt relating thereto. 6. nSB OF PRncisgS. Tenant is hereby psraittsd to use and occupy the Leased Prasiaos and tha facility tharaon solely for the conatruction, salntenanee and operation of a little league beesbell field, and for no other purpose. Tenant ehall not inetell, use, generate, etere or dispoee of in or about the Presiaes any haserdoua substance, toxic chomicel, pollutant or other saterlal now or horsafter ragulatad by tha C^rahansiva Bnvlronsantal Xesponso, Cespenaation and Liability Act of ifIS or -a- 14; jr t ec-^scm P.5 any other lav or roflulation, inoludl2i9 without llaitation, any •atarlal containing aabaatoo or PCI (colloctivaly "Haiardo^ Xatoriaia") without Laaoor'a writtoo approYil of oaoh Hasardous Hatarlal. Tenant shall indonnify# defend and hold Leeeor hanleee from and againet any claim, damage or epenee •*»>•***; out of Tenant»e inatallation, uee, generation, etora^, wU"*or diepoeal of any Haaardoue Xatarials, regardleea of whether Imssor has approved the ectivity. tba Oreno Baeaball g .. _ii _ ("Facility Lease Tenant") will * ^ act to __ _ _ _ _ _ _conditions of iMpe. xenent ssy, but Shell not he obligeted to, Leeee Tenant shall raleaaa or dl^nieb this Leata.^__ emlv with al si& . mycinie xj-« *»*■ consent provided hereundS eneU not release either SlrSor^^^^ imaee Tenant free the restriction transfers, aeaignmente, subleases or tte addltionel prior written epproval. fJ?5T'!l«u?iv mIo Lessor*e sole discretion. Prior to iiiiver to Tenant onto the Prenleee, of^ellLeeeor a written eeeunptlon by rtcllity Leeee obligatlone of Tenant *e obligations h«eunder. ^ oblioations hereunder shell not be released or d^lnlehM ^ reason of such eeeunptlon. FedlUy ^**'*5™tl2^aor2nentthe Leeeed Presieee shell be deened to be f"egreenent on its part to parfor* and obaarva all of tha Tenant e obligations under this Leeee. B£&L JfiXftZSi It the 1acknowledge that tha raal aetata taxes on the l;****^ SSSStly exSpt fron taxation. In the event the Shell beooae^mble in the future, ?J2eld^inetallnente of special aeaeieaanta attributed to the Leeeed Prenieee ^ell be paid by Tenant. 9. T.TrirMSK FCTS. Tenant shall pay, aa thay poyable and before they becone delinguMt. forsvnensee rscuired for licensee or permits, if h*'/*TMent'B use of the Leased Premleee, ee set for^ in paragraph 6 during the term of thle Leeee or any extaneion thereof. -3* P.6 «« «ntil ^ r«.pon#ibl« for obtaining baoo^ dillS^J bjcoM and payola and bafora tbay^ tala^ona, aavar uaaga or rwital, rofuaa raaoval, tai^boiia and any other utilltv wrvl^ fumiahad to tho Laaaad PraaiSTdllrlng ^ t«of thi? _ _ _11* lEP^iag Am During tho tara of thin axtenaiona hareof, Tanant, at Tanant*a 3£15<f!r kaap and aalntain In good ordar, Proaiaao and tho raolilty, in aa good aa a condition aa ainilar raeraatioaal facilitiaa ara kapt.kapt XlfgPMlIfCB* Tanant ahall obtain and kaap In *^®*'j*^ Tanant*a axpanaa, for tho tom of thia Laaaa and any axtansion or ranaoal tharaof, tha following insuranca: A. A atandard "All Riak" proparty inauranea polioy. aaid ^liey ahall eovar all buildinga, fiaturaa and all othar inatallationa and iaprovaaanta on or about tha Laaaad ®* ^ba baaia of ona hundrad paroant (100%) of coat not to axeaad full inaurabla valua. aaid ahall naaa Laaaor and all sortgagaaa of raeord (tha nanaa of vhioh ara to ba auppliad by Laaaor) aa loaa payaaa. B. ,^Conpr^anoiva ganaral liability inauranea, with ainiaua Xinita of liability in raapact of bodily injury and proparty duaga of at laaat flva Hundrad Thouaand and Mo/100 Dollara ($500,000.00) for oach occurranca on a eoabinad ainglo liait baa la, naaing Laaaor aa an additional inaurad. C. Buildara Riak, coaplatad valua baaia, including tha ^lua of all fumitura flxturaa and aquipaant, and Werkara* Coapanaation in atatutory liaita, during all Mrloda of oonatructlon. D. Bach of aaid policies raguirad purauant to tha P^^iaiona ®f thia paragraph ahall ba iaauad by an inauranea coapany legally authorised to do buainaaa In tha State of Kinnaaota; ahall ba in for* aatiafactory to Laaaor; and shall provide for at laaat tan (ic) days notloa to Laaaor before canoallation, tamination, non-renewal or ohanga of such inauranoo. Cartlficataa of such polioloa, and any ranawaia tharaef, ahall ba dalivarad to Laaaor. 14. maPCATTgif. Notvlthatandlng any rrovleiento tha contrary hereunder or the tortious, wrongful or othar act or oaiaelon of tha othar party, Laaaor waivaa Ite right of subrogation for danaga to any buildinga, contanta rhareln, and Tenant waivaa its right of subrogation and raleaaea Laaaor and -4- iO ■■5^ 14:55 FtCCJkE i Pf m I provmoBj of thl* p«r*graph. >''jt tta fallura iv althar party to J® ■? Bopato tha affaetlvaBatt of tha ralaaaaa aatrortn n«r«ln. 15 a In th« ev*nt of anyfl««tniction to tho Loaood Pr^aoM, Paoility'or iny part tiioroofa thia Loom ahall oontlnuo la full forca and affactp awi Tanaat aball pro^itly, to tha axtant of availaPla iaauranoa procaaosp uka and parfeni ail canttruetlon and rapaira to raaterap rapalr or raPuild the Loaaad praBlaaa and Facility to ^a eenditlon it vaa in prior to oaid daaafa or daatructieap liaitad by tha axtant of insurance procaada> in a good and vorksanllka mmnnmr, fraa of liana and other ancuabranoaa. tenant shall eoBsanca tha work of restorationp repair and rebuilding as soon as reasonably possible after tha oecurranca of any dasaga or daetruotlon to tha Leased Praaitas, Facility or any part thereof ax>d shall thsraaftsr prosecute aueh vork diligently to eosplation. if auch %rork shall not be cosBoncad vithin 60 days after the oocurrsnea of such fire or other casualty, or If Tenant thsraaftar fails di:..«gantly to oospista the aaie, or if Tenant a^ll fall to ceoplate the aaao in the sannar required hereunder vlthin ISO days after tha occurrence of such fire or other casualty, then Lessor shall have the right to teminate this Leaae effective upon written notice to Tenant. 16. Al/PEHATiQwa AMP TKPaQVKMgHTS. Tenant ahall not sake or parsit to be aada any repairs, alterations end/or ijqproveaenta in and to tha Leased Frasiees or Fieilitiee without the prior written epprovai of Lessor, which approvsl shall be at Lasaor*a ■ole diecration. 17. LIia»3. WA;t IKPBMklTIgS. 17.1 Tenant ahall not parsit sortgsgee to be filed against tha Leaaad Preslaaa. Tenant shall j^y tisaly for labor by Tenant in eenneetion with vork of any claiaed to have been perforaed on the and aateriel furnished character parfomad or I«d*Pdd FTMlsaa. Tenant ahall not parsit any sschanics* or sisilar lisns to rssain upon ths Leased Frasiees, howevsr, sithsr P®rty say contest tha validity of such lien or claiiia. USon a final datersination of tha validity of anv such lisn or elais,- - -.dity of any such lisn__ _ __ ths dsfsnding party shall issadiataly pay any judgssnt or dsorea raiidsrsd against Tsnant, including, but not lisitsd to, all proper costs and chargss, and shall causa auch lien to be ralaasad of record without costs to the other party. 17.2 Notwithstanding anything apparently to tha contrary in this Lsasa, Lessor (its board sasbars, adsinistrators, teachers, agsnts, representativsa and any other party for whoa i,es8or say be responalble) ahall not be liable to Tenant, and Tenant hereby releases such partlas from all dasage, -5- P.G coop^aation or olalna froa any cauta other than the groaaly negligent act ot Laaaor arising froa: lose or daaage to paraonal property or trade fixtures in the Leased Fresisea or Paoiilties, inoluding without liaitation, baseball squipaent, personal and other property; lost business or other eonseguential daaage arising out of Interruption in the use of the Preaists or raeilitles, and any orialnal act by any person other than Lesser, 17.3 Tenant agrees to indeanifyf defend and bold Lessor (its board aeabers, adsinistratora, teachers, agents, representatives and any other party for whoa Lessor aay be responsible) haraless froa and against any olaia, loss or expense trising out of injury, death or property loss or daaage oeeurring in the Prealeee or Paeilitiee, axcspt only to the extent ceueed by the grossly nsgligent ect of Lessor. 17.4 The provisions of this Beetien X? shall survive tsrainstion or expiration of the Laaae. 18. TiTLg TO iKPHQViamrrg. All isproveaente eonatruoted on the XAesed Prealeee by Lessor or Tenant as psraittsd by this Lease shall be owned by Tenant until expiration of the tera or sooner terainetion of this l<ease. The parties oovsnent for thsBselvss and all parsons claiaing under thsa that the laproveaents are real proparty. All iapreveaents on the Xiseaed Preaieea at tha axpiration of tha Laase or sooner terainetion of the Lease shell, without coapenaation to Tenant then beeoae Leaeor's property, provided that Laaaor shall hava tha right to requlrs Tenant to daaolish and resove tha paeilitlos at Tanant'e expense, in aooordanee with ell applieable lavs, codes and tha liks. Tenant shall rspair, regrade, end fill eny holes, daaage or the lixe resulting froa such reaoval or dsaolltien. 1$. TEWAiiT«g gouTSimuT AXD PPI80WAL PUQPBiTY. Tenant at its cost and axpense, aay provide certain aovsabla fixtures snd/or squipasnt nscsssary for Tenant's use and occupancy of the X,eased Praaisaa aa a little league baaebell field. 8uoh aovable fixturea and/or equipaent, and replaoeaenta thareof or additions thereto, and other aovehXe personal property put in et the expense of Tenant, shall be and reaain the property of Tenant, and shell bo removed by Tenant at termination of this Tissse. Tenant shall repair, regrade and fill any damage, holes or the like resulting from such reaoval* 20. SMTWENT DOMAtW. A. Definitions. Tbo following definitions apply in 'Construing provisions of this Lsase relating to s taking of or dsasge to all or any part of the premlsee or iapreveaents or any interest in them by eminent donain or invarac condemnation: 1. Taxino moans tha taking or damaging, including sevsrancs daaags, by aminsnt domain or by invsrss condemnation or for any public or quasi-public use “6- P.9 und«r any atatuta. Tba tranafar of titia aay ba althar a tranatar raaultlnq froa tha racordlng of a final ordar In eei^aBaation or a voluntary tranafar ar coovayanea to tha eondaaning amncy or aatity undar throat of cendaBnation, in avoidanea of an oxarelaa of aninant deaainf or vhila oondOBBation proeaadinga ara ponding. Tha taking ahall ha oonaidarad to taka plaoa aa of tha latar of (i) tha data actual phyaioal poaaaaaion ia takon by tha eendaaner or (in) tha data on which tha right to ooapanaation and danagaa aocruaa undar tha lav applieabla to tha praaiaaa. a, aaana tha taking of tha faa titia to all tha praaiaaa and tha imprevaaanta on tha praaiaaa, which ahall ba eonaidarad to inoluda any off-aita iaprovaaanta affaetad by Taaant to aarva tha praaiaaa or tha iaprovaaanta on tha praaiaaa. 3. aaona tha taking of ao auoh of tha praaiaaa or iaprovaBonta or both that ^a dM of tha Laaoad Praaiaaa by Taaant would ba aubatantially pravantod or iapairad notvithatanding a raaaonabla amount of raeonatruetlon. 4. ZactidlJLlkiilB naana any taking of tho faa titia that ia not aither a total or a aobatantial taking. B. Ta^al Taking. 1. On a total taking, ianant»a intaraat in tha Loaaahold ahall centinua until tha data Tanant ia daprivtd of poaaaaaion ("Poaaoaaion Pata")* 3. If tha taking ia auhatantial undar tha dafinition appaaring abova, aithar Laaaor or Tanant My, by written notion to tha othar party givan within thirty (30) daya altar aithar party haa boon daprlvad of poaaaaaion, alact to traat tha taking aa a total taking. If naithar Laaaor nor Tonant * ao notUMB tha othar party, tha taking ahall ba daamad a partial taking. 3. subjact to tha righta of any aortgagaa on a total taking or auhatantial taking, all bum, including doMgaa and intaraat, awardad for the too or tho loaaahold or both ahall ba distrlbutad and diabura^ to Loaaor, axcapt that Tanant my aaka a aaparato elaia for tho coat of Tanant'a Faeility and ralocation axpanaaa. c. pmUl yaking* 1. on a partial taking, thia Laaaa ahall raaain in full foroa and affaet, covarlng tha raaaining proparty. -7- 2. In th# •v«nt or • partial proiptly and dillgantiy raatora thj oconStion laaodlataly prior to »uoh taking within l days tbnraaftar. a fluhloct to the right* of any nortgaga* on a coat of Ttnant'a Facility. 2Xa AflMifiBriM3iLAIfD or oubXot» or roA^ or tranafar, irtgag# «'ancun^ SJIiaaa? or any part tharaof by any third party; nor !Sini#a*^S**ff*ctu*t*d by oparationLaaaa. tha Facility or tha Praniaaa ha arra^ harainaftar of law 2^^. in each ouch oaaa obtaining tha i^ior JuSStion. Tha conaant by .hall ba i|S2i?^lSoUdi4 wiS5^^^Landlord to any kaaignnant (inoiuow * facility Laaaa conaant to tha ^*«l5**i.^.^waivar or ralaaaa of Tanant nor «»U *S!d2^il!'SiSloSo5“(?^t^ ll»l?.tlon, tbo Tanant) eonatituta an S5 aiy eSJ^t or ahligation , sftssirii£tst:«rtr.'cssri s: jisiUSoSr;; Mi4*tS"sr.2t*?n «itm, o* u»uord to any further Aaaignnant. 22. ontEDlM Qf tlflSOh aa.l Any ona of tha following avant* ahall ba an avant of default ("Event of Default"): A. Unuit .h.U hovo W or any other charge ^a aasa ahall ?2Si?i:SJ; mi M Star written notioa fron Laaaor; or B. Tanant ahall have ^*'lJ®^®.?°Jji^«ur?auS failura JS2y?iioi?SS,*T”.n? 5SLST prowt^y -8- and with dua dllldanca to euro «uch dofault aftar raeaipt of aaid notice, but in no event ahall cure not bt fully achieved within 90 day* after Ueeor'e initial notice to Tenant); or C.Tenant ahall do or peznit to be done anything lAioh lien or encunbrance upon the beaeed Premieee o: faoilitiee and the ease la not ranoved within a}*jy C*®} . daye; provided, however, thie oubparavraph ahall be eubjeot to the provieiona of paraoraph 17. 22.3 Xf an Xvent of Default _*** continuing, Leaaor nay at ite aola option ■ - thia StLeaaor*a righta under Section. repoaaaaaion being hereinafter referred ^ ^ irssii, itSi 22.4 HO termination of thia Leaae purest to JyoJion 22.2 and no Kepoaaeaaion of^o nroaimor otherwiae ahall relieve Tenant of ite liabllltiea UMSligatlonrundar thia Leaae, all of whioh ahall aurvive any auch termination or hepoaaeaalon. in the ahalltermination or Repos a eaaion, whether or not tta have been relet. Tenant ahall pay to Meer other euma and chargaa to be ^id ®y.*i"®;^.5f-S®TSl«t^"Intll ouch termination orthe end of what would have been the Term in the abaance of such termination or Rapoaaeaaion, shall pay to liquidated and agreed current daaagea for Tenant*a . equivalent of the amount of the base rent yid au^ 25515.*?!* charges which would be payable under this Lease by Tenant if this Lease were still in effect. 22.5 in addition to all other remedies of Lesser ahall be entitled to reiabureement upon demand of all reasonable attemeye fees incurred by Leaaor In connection with any tvent of Default. 22.6 Leaser shall in no event be ooMldered to be in default of Leaser*e obligations hereunder until the expiration or a reasonable time after notice of default from Tenant, 22.7 If Tenant commits an Svent of Default {or if any default exists and Lessor has good cause forexpiration of Tonanfe grace period), the Leeeor m^,not be required to, maxe euoh payment or do such act, or correct any damags caused by such prohibited act and to enter the -9- PrwilSM as aj^ropriata in connection therewith, and the anount of the eiq»enae thereof, if aada or done eo by Leeeor, with intereat thereon at eight percent (•%) per enma froB the date paid by Lesaor, shall be paid by Tenant to Leeeor and e^il oonstltttte additional rent hereunder due and payable witt the nejct Monthly InstallJant of rent; but the eaXing of euch paym«»t or the doing of such sot by lessor ahall not operate to cure such default or to estop Leaser froh the pursuit of any resady of which Lessor would etherviae be entitled. 22,9 open the expiration of this Lsase ox the ssrlier teralnation of Tenant *e right to Py*i^s insdiataly vaoata the Preeieea ereearty tharefroa, reaore any Baiardoua hatariala «*J«*1**»-^ usad. ganeratad, etorod or ^ USirSo S^thia^TsMPrahiaeo and Faeilitias in tha condition raquired by thie Any property not raaevod ahall bo deaaad ehil? Suable for all coats ofcontinue to occupy the PreiUaea a^ yaciUtiea, JJ thttTMfa Eft#r th« •Jqplratlon or taralnatlon of tha SS Sr wiSSt^a intent of tha LMtor, from month to nonth. If Tenet's SJ SSTof Laeaor, neither this section nor the aooep^ce ofagr hereunder ahall prevent Laaeor from •**f°^*^* *5^ jyfjrj, ragain iahadiata poaaaaalcn of tha Praxisaa and Faeiliti a. 23. eeeeevkTTQit QJT RIGHTS. Lsssor and itt agmts ahall have the right, during the last six (S) Bonthe ^ tha teni of this Leaaa or any extension thereof, to place and ^ Xaaaad PrsBlsaa reasonable signs advartialng tha availability f tha Leased Praalaee to protpe^lve tenant a. 24. OPT XT nUQVmMT >WD SOBQRailiaTlQM. 24.1 Lessor warrants that it has to the Leased PreBieee. Leeeor further i^aate right to lease the Leased PreBieee and that eo long as TenMt shall perfoTB each and every tern, condition and perforBsd and obearvad by Tenant bwoundar, peaceful and quiet uea and poeaeealon of the Leased Slthout hindrinee on the part of Laaaor, and Tenant in such peaceful and quiet use end poaeeesion under Loeeor. 24.2 This Lease le aubjeot and subordinate to the lien A«* nfiaritv of anv aortaaoe, bond or other financing or SSveU?Bent iSetriSaent or agreeaent (wllactlvaly p^poeae^f «iia Ballon. "Bortoage") vhioh may now or haroaftar ancuBber tna preaiaaa or any davalopBsnt of tha lands ®J-}J2tlon within to. prMUlty ot to. Trudt.. by !-•««; »of ouch oubordlMtlon, T«»nt .ImU, .t lj.ii.or ■ . tlBs to tiaa, proBptly executt any cartifieata or other docuBsnt raoueatad by tha holder of tha Bortgaga. Tenant agraas £** * tha event that any procaedinga are brought for any aortgage, Tenant shell iBBSdletely end autoeetlcelly e -10- My wfcUr trom ttM to tlM toy «ltt«a notie* d*llv*r*4 in meoordaiMM h«r«wlth. e. Any notio* or doeua^ ’^lSii?*h**in^SMnS? Md^Itonllaiv«n 5J?^a5oSt!a Srt»* ^ 2iSd Mttifil« nr t*»i»t«r*«onltad mt*» mU. P?r^>C**!a;.SS te th* r*iw**tiv* SJi.TEK.Ss'^^^iffiS'jrSSKiS SSiiS S SS4f5ariT3*sa -~m. 1, It to Loooorj 2. Xf to Tonant; nMBtleni ■op«:lnt*n«Mt city a{ Orono p.O* BoxCryotxl B«y, MB 55333 271 •nd nhnU to*not, two (2) d«yo of tor dopoolt •• at. laaiianx. « «w jjrt ot^m*^M» S k SH m MSESi.”-” “ »“«« ~*Sssrsss ^£«! w3’sra»s^" ”, „ ihrp:JtM l.'or .ay hOTMfUr B.CO- . rooidont of • dlfforont ototo. ,0. as»Da%,.*?:.5:*ji?;,^*c2i;^S!S‘K*ri?^^ •ubparogropho of not bo or S2rt?«5r4*Sdi^i^ « »pu*y ««* ■ubporogr opte • ;fttoi ’toSim'n£"°Sd ‘s%?i5i«o «is «»“* of ToBont* -U- I »r«ir mO ^ Me.#rvt. i* it-Os/* to tho purehaoor at auch foracloaura •jJ?* this Laiaa, «*d T«ant vaiva* ^ ^ 5l5S 5 5:s:sjid"Sr*s.5fsS4!“5.tsj'’%2S*5Sife , Tanant mi«bt hava ajalnaa ^ prapayawt by 7mnt ^mStioa o£ tl^t Unt aM 55 UrtSwa. iiowltbatan«in9aada autoaaquaat to tha grMting anything to tba tSa^LoMO ahaU raaain in not In datault undar JJ** - the aortga^a and any purohaaarirtoriSioisrs.!?^^"* •»•“ **"*’* ****^^ haraundar*CbU I..M .h^l b. M oon.w»^^» prlnelp«l iM a««>t or tnlra party to crooto tto roWion«^ » ^ «MoeUtlon of portnorohlp or of Joint vonwoo ^Xin oKproaoXy iihotm^ botvoon 2*^t^lSir»o^ioSS*of^o»«».tlo« •* ralationahip o£ Laaaor and Tanant. manor Ton LEAfll. Tenant ahall not racort or 0 Jh;rt!525 KEUJiSout „ywhich oonaant ahaU not be waaaonah y^tan g|jort-fora laaoa SS!/2“^ S laaaa. su;n;bS! “bi ” ^cSSir-w^jrs. Sf tn. following atapa are taXan: A. Any to 5a5r*at^tha"5Sdraoa^* STynSSw rrS.*SS'trt!L’2?‘«l?f«.*5«tic- aaoordanea harawith. B, U1 **5'!2"“;^?l*S'MYSlo*to*ToBO«t*»* So*13Srooo « K’^ otb«r oote... .0 «»"* -11- %2 • PEVMXtfMy MTanant actaioaladgta Si^tioSJrti«*^«dj»®^^ located vlthin tha otoilgation, aavalop t^ Sii uaa Ita baat afforta tossSu ?LSLJ5^-t-2sn»^S*Sro?"Sir^Oavaiavant f*«« ^S^ntad t* inear any aetaalTaaant, >ayay«f . g»^^J?°!>i?-,*^’l,rai^tla* to any out-pf-pocdtat oo*^^ aanl frr~tr of lananta *»***®Ta.raiadKuraaaant ^®Jj.J^L?-J^xoSa°Sa fraaiaaa and facility ahall alto tava tha rl«ht towiog^ wPraaiaaa, providad «Sd aoct ralocatlon ahall notdays prior ^S^a^v^ of auch ral^tiw^ ;SoSSSS;t Sa faeiutl.. on tho ralocatad fraaUaa, at Lataor*a ajcpanaa. js. MLjcau- *«y”t “^SS^tiSt*** Laaaor*a tola diaoration. IP imWWd y®**?!' of^Sa daS Sd^ySrflratthis xgraanant of Laaaa affactlva aa ox w «• Xbeva vrittan. iiSSsoxt mOfFEWOtHT »«OOL DXSTMCf HO* 3^* Xta and ly Xti TSHAITE: ClTi Of 0*0M0 Ita. And By Xti )OQl0f733*«VS -13- POPHAM HAIK SCHNOBHICH ft KAUFMAN. LTO U % 0#r.cct: 0€MVCA. COCOAAOO TCi. tOJ tff-ttOO Miami. FcOAtOA Tck S09-9S0-0090 WAAHiM«rON. o c. Tti. 202-*«a «700 S U I T C 3 3 00 222 South ninth Street Minneapolis. Minnesota S5402 TEL SI2-333-40OO Fa* 6I2-334-806S bnaoley a. fxjlleii . E sq - OlMCT DIAL (012) 324-17O0 iNTt •»*ATlONAi, OrriClA: LtiFtic. GtWMANV Tli. 0M49-34I-49ISA29 tTU^tSAHT. Gt^NANV Tie 0ll49*7n-29«30S March 4, 1994 r:;t :f ------'vi.- L5 Mr. John Gerhardson Public Works Director City of Orono P.O. Box 66 Crystal Pay, Mi'^resota 55323 Re: Orono Baseball Association Sublease MAR 8 1984 • • ^ rs Dear John: Enclosed is a proposed form of Ground Sublease to which the underlying Ground Lease should be attached once it is finalized. Please note that pursuant to our discussions it is my understanding that the Baseball Association is subletting on precisely the same terms and for the same period of time as the City will be leasing under the Ground Lease. If there are any differences in the obligations, we should address them specifically. Because I will be out of the office until March 21, 1994,1 would appreciate it if you would contact Carrie Bazella if you have any questions on the enclosed and she will either address them or present them to the appropriate party. Sincerely, Bradley A Fuller BAFrmlb Enclosure 444/22036913 3/4M GROUND SUBLEASE THIS GROUND SUBLEASE made as of this day of ^ 1994 by and between the City of Orono, a Minnesota municipal corporation ( Sublessor ) and Orono BasebaU Association, a_________________("Subtenant). WITNESSETH: WHEREAS, Sublessor is the Tenant under that certain Ground Lease dated as of 1994 between Independent School District No. 278, a Muinesota independent school district and poUtical subdivision under the laws of Minnesota ("Lessor") as Lessor and Sublessor, a copy of which is attached hereto as Exhibit A (the Ground Lease ), and WHEREAS, pursuant to the Ground Lease Lessor has leased to Sublessor that certain real property located in the City of Orono, Hennepin County, Minnesota as described in the Ground Lease (the "Leased Premises"); and WHEREAS, Sublessor desires to sublet to Subtenant, and Subtenant desires to accept from Sublessor the Leased Premises in accordance with the provisions thereof. NOW, THEREFORE, in consideration of the premises the parties hereto agree as follows: 1. nf Leased Premises, Sublessor hereby leases to Subtenant and Subtenant hereby accepts from Sublessor the Leased Premises in accordance with the provisions hereof. 2. Tprm. The term of this Lease shall be coterminous with the term of the Ground Lease. 3. Rental. In consideration of the Leased Premises, Subtenant shall pay to Sublessor the rent set forth in Section 4 of the Grouno Lease. 4. Obliyatlons and Rights Under Ground Lease. This Sublease is subject to the provisions of the Ground Lease which are hereby incorporated herein to the effect that Sublessor hereunder shall have all rights and remedies of the Lessor under the Ground Lease, and Subtenant hereunder shall have all rights, remedies and obligations of the Tenant under the Ground Lease, provided, however, that the obligations of Sublessor hereunder shall be subject to the performance of the obligations of Lessor under the Sublease. Subtenant hereunder hereby assumes all obligations of the Tenant under the Ground Lease and agrees to indemnify and hold Sublessor hereunder harmless from and against any loss or liability that may arise as a result of any failure by Subtenant to perform such obligations. 5. Notices. Any notice or document required or permitted to be given or delivered hereunder shall be in writing and shall be deemed to be given or delivered when 444/2203SU3 3/3/94 deposited in the United States mail, postage prepaid, certified or registered mail, return receipt re<]uested, addressed to the respective parties hereto at their respective addresses herein below set forth, or such other addresses as they may have heretofore specified by >vntten notice in accordance herewith: If to Sublessor: If to Sub tenant: City of Orono P.O. Box 66 Crystal Bay. Minnesota 55323 Orono Baseball Association IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement effective as of the date and year first above written. SUBLESSOR: CITY OF ORONO And By SUBTENANT: ORONO BASEBALL ASSOCIATION 4440203114330/94 -2- The foregoing Ground Sublease is hereby approved and consented to as of the date first above written. independent school district no. 278 And By 444/2203* 143 3/3/94 -3- Mar j 4 CITYOfO.'OllfO REQUEST FOR COUNCIL ACTION DATE: March 11. 1994 ITEM NO'= /r Department Approval:Administrator Reviewed:Agenda Section: Name Ron Moorse g/‘,City Administrator’s Title City Administrator Report Item Description: Review of Liquor Violation Administrative Process Several months ago as part of the police department’s efforts to monitor liquor licensee compliance with liquor sales laws, several liquor establishments in Orono were identified as violating the prohibition against liquor sales to under-age persons. The criminal prosecution process has been completed. As part of the city’s liquor licensing responsibility the city may taicp administrative action against the liquor license holders for this violation. Attached is a memo from Kevin Staunton outlining the administrative process and administrative remedies available to the City Council in addressing violations of liquor laws by the city’s liquor licensees. The Council may want to review in further detail its options regarding the administrative remedies. The first step in moving ahead with an administrative process is to schedule a hearing for each of the liquor licensees. POPHAM HAIK MEMORANDUM HAf 2 19W 3300 Piper Jaffriy Tower 222 South Nioih Street Miooe^nUt. MinoeMU SS402 (612) 333-4800 TO: FROM: RE: DATE: Ron Moorse Orono City Council Members i\\j\ Kevin P. Staunton. Esq.l^^^l^ for Disciplinary Action Against LiQuor Licensees Convicted of Felony to Underage Persons February 25, 1994 Ron Moorse has asked me to outline the process the City Council must go through pursuant to City ordinance before it takes disciplinary action against a liquor licensee. The relevant section of the City Code is Section 4.02, subd. 4H. That section provides: Revocation or Suspension. The Council may, in its sole discretion and for any reasonable cause, revoke, or suspend for a period not to exceed sixty days, any license granted under the provisions of this Chapter. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of non-intoxicating malt liquor, wine or liquor upon premises of the licensee, or if such revocation is mandatory by Statute. If it shall be made to appear at the hearing thereon that such violation revocation was not willful, the Council may order suspension; provided, that revocation shall be ordered upon the third such violaUon or offense. No suspension or revocaUon shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shaU be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation or suspension stated in the City Code or Statute, the following shall also be granted for such action: (1) that the licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of non-intoxicating malt liquor, wine or 219/220376472/25/94 liquor, (2) that the licensee had knowledge of such Ulegal acts upon licensed premises, but failed or refused to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or, (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. Please note that section of the Ordinance requires that the Council revoke the license of a licensee who Ha* been convicted of a liquor law violation. The only exception to this revocation nianHate is that the Council may order a suspension, rather than a revocation, if it appears at the hearing on the matter that the violation was not willfuL The licensee is entitled to an opportunity for a hearing prior to the imposition of a revocation, suspension or other discipline. Because, however, the licensees in question here have already been convicted of Uquor law violations, the hearing vrill not need to address the factual issue of whether the violations occurred. Instead, the hearing should focus on whether the violation in question was "willful" and what the appropriate regulatory sanction should be for that violation. The hearing may be informal; it is sufficient that an agenda item or one of your regular meetings be dedicated to tbe issue. The licensee must be given written notice of the heraing via personal service or certified mail at least fifteen days but no more than thirty days prior to date the hearing is to taifp place. That written notice must state the time, place, and purpose of the hearing. I hope this information is helpful. Please feel free to contact me if you have any questions. cc: TJBarrett 219/220376472/23/94 u REQUEST FOR COUNCIL ACTION ^AR X ^OFOH T?f> J 1994 m DATE: March 11, 1994 ITEM NO: Department Approral: Name Dorothy Halltn Title City Qerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval Septic System Installer Elmer J. Peterson Co., Inc Delano Jerry Johnson Exc. Long Lake Site Evaluator/Designer S-P Testing, Inc. St. Michael Set-Up Navarre Lanes 3435 Shoreline Drive Special Event Norwest Bank - Wayzata Half Marathon Foot Race Sunday, May 1, 1994 9 a.m - 12 noon COUNCIL ACTION REQUESTED: Motion to approve licenses IT Y of ORONO SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION (612) 473-7357 Post Office Box 66 Crystal Bay^ MN 55323 All questions "tust be VtVkciilfX\ll 1. 2. Business or trade name _eiiaor Ji rete!.'3i^n ■€ 5921 Dague Avenue S.E. Business address_ _ _ _ _T- - - --- - --- - - - - - \j f Z11 u OUONO (612) 47.3-^7357 Post Office Box Crystal Bay, MN SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION 66 55323 All questions must be answered. License fee, bond, certificate of insurance, and evidence of MPCA Certification must be attached. -^All applications are subject to a ten (10) day approval period. 1. 2. 3. 4. Business or trade name —Ja a •'If ^ /JrJcTC Business address /t• Business phone -V7 ?— 'V3<fT-/ Residence phone —- - jmpany. 5.Type of certification held: Certificate expiration date Installer Pumper 6.Have you ever held a Septic System Installer license in Orono before? J/jl r Most recent year 7.Have you ever had a license revoked? Where? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ When? 8. 9. Do you do Municipal Sewer hook-ups? Yes Do you pump out septic tanks? Yes No I CITY OF OROHO rmftCE OFFICE SUBMITTALS REQUIRED: 1311500000 01 CEH 50. ( / CHECK JL 50. i 1/ 1. $50.00 License application fee. RECEIPT-1H^OiK YOU V2. $2000.00 license and permit bond naming City of ^^°Jl^9^COOJMLJli ^ obligee. The State Plumbers Bond will not be accept^.—> obligee. The State Plumpers Bona wxxi nor oe ac \/^3. $50-100-300,000 minimum Certificate of Insurance.gfp, ~CP^\. Copy of current MPCA Certificate. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITQiS ARE SUBMITTED List persons other than applicant who are authorized by you to apply for permits under your license - - - - - - - - - - - --- - --- - - - - - - CITY of OROXO (612) 473-7357 Post Office Box 66 Crystal Bay, MN 55323 SITE KVALDATOR/DBSIGNER LICENSE APPLICATION (10) day approval period. 1. 2. 3. 4. Business or trade naine o,_, y'-~^ I r* ‘^ rvl? . SA,\'A.icWc*J-V ^S"S'Business address Q,—v c^vv^ , x- Business phone Residence phone Name of applicant or certification ‘ reoresentative(s) holding MPCA 5.dSigSerr’'circi?Ioa?e'’ei^ira-|iSh^"“j^^ ------------------ 6.Have you ever performed sire evaluation or design work in 5?ono before? ...t. Most recent year 7.Have you ever had a license revoked? Where? When? ,'TTv nr ncrAUi TA^T^t **w V Tf U-- * - ^ SUBMITTALS REQUIRED: ^ ' -fA«;> t • Jw j I w‘f ff Tf7S":‘>r-Vu'»^ J, J^V V'WV $100.00 License application fee 2. Copy of current MPCA Certificate '■>< *"V !i)i>a tft.iT 1 tf V « 'Lrrv* Ti I U. W'« % f ^ i t.lU.W'1% »w AVVt u’CrCTDV *#'f\A.u^Ai * I I » ww H29T900 COOl HOI T1 LICENSES WILL NOT BE PROCESSED ONTIL ALL ITEMS ARE SUBMITTED V ^ / te The undersigned hereby makes siptic the Ordinances of the City of Orono. Date :i- Applicant's Signature Staff recommendation Approval Reason for denial: Denial Date P-Pg^g/ City Council Action Date Date license mailed Approved Denied iir -r.w . W6T S 2 Date: To; From: Subject March 1, 1994 Ron Moorse, City Administrator Steve Sullivan, Chief of Police Set Up License Renewal ■avarre Laaes A review of the police department files has been made in regard to the Navarre Lanes. We have had no reported problems for several years and have no objection to renewal of their license. I Date: To: From: Subject: March 8, 1994 Ron Moorse, City Administrator Steve Sullivan, Chief of Police Lake Minnetonka Half Marathon Race I have reviewed the application from Norwest Banks, who sponsor the Ledce Minnetonka Half Marathon Race (formerly referred to as the Easy Race.) As the race has been appropriately planned in the past, I have no objection to the permit being issued. I ir,' - PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OP ORONO, MINNESOTA Phone Number: ^ Name: ,^/V • ^ Address: r •*'T.I Permit #:__ Fee: $50.00 City, State, Zip: Location of Parade or Event __ C^rcf AcC . to tx^(^S£r. AfbSQ Person(s) and/or Organization(s) Handling the Event Date of Event ; ^ Hours of Event: ^(<^0 <rr,;»7. Reason or Pnmnse: /¥*‘>Lv, / --------------- Insurance Company: Amount. j 7,dCD,SCO. - - - - - - - Copy of insurance certificates tc be submitted wxth this application. Approved: Remarks: Denied:By: {Tjry OF OFiOHQ FiNr^'^CE OFFICE 13134000QO Cl OEfi CmK TL 50.0C RECEIPT-imK YCO H298240 cool ROi Til. 03/0 If BANHS 14th Annual Lake Minnetonka Half Marathon Sponsored by Norwest Bank 1b benefit Lake Minnetonka communify organizations MAY 1. 1994 (AT 9AM SHARP!) Distance Course Approximate Route 13.1 miles (measured wheel) Rolling Start-Norwest Bank-Wayzata 900 E. Wayzata Boulevard, Wayzata Finish-Norwest Bank-Excelsior Lake Street to Femdale Road to County Rd. 15 to Orono Orchard Road to Fox Street to Old Crystal Bay Road lo County Rd. 51 to County Rd. 19 to Northvlew Rd. to Lake Street to Old Beach Road to County Rd. 19 to George Street to Water Street. Splits: Water 1 mile 5 miles 9 miles. 4 water stops. Return IVansportation: Buses to Wayzata from 10:30 to 11:45 Awards:Men and Women top three overall plus 1st place in each age group. LONG SLEEVE T-SHIRTS AND REFRESHMENTS AT FINISH ENTRIES STRICTLY UNITED TO 600 NO RACE DAY REGISTRATION TIME UNIT. 2 HOURS 30 MINUTES Entry Fee:$15.00 payable lo ‘‘Lake Minnetonka Half Marathon.” Mail with form below to: Loretta Docken, Norwest Bank Minnesota, N.A., 900 E. Wayzata Boulevard, Wayzata, MN 55391 OFFICIAl ENTRY FORM:“LAKE MINNETONKA HALF MARATHON MAY 1, 1994 (9AM SHARP) Name (Laat name flrit)Age Sax Boa 1 MaWno Addrau (Inehjd* Apt No. andtoi c«i M F Taiapbooa YMNO SirttidaM City State 20 Coda Ma Day Year 1 1 ^^11111 1 i Knoudnqiv and at my own risk. I enter an athletK contest and I or my parent/guardian hereby waive and release any and all claims for or my child/ward may Incur as a result of partidpallon in this event against Norwest Bank Minnesota. N A.. Its affiliates, or parent, any community thfough which the course runs, benefiting organ nations, and any employee, director, official or elected official of these organizations for said injunes. Signature Signature pefUcipent parent or guardian must stgn If participant Is under 18 yrs. old. 02/27/94 P«: 203CB PtBEOOiEHP • NAME DPT4716M080474563339471840871475443842472503991469526026475989721468821018472529007 468701868 507585424 469686562 468420832 466087884 474667812 475380151 477500666 475444249 477463877 471569863 477647279 475604753 504260307 472500574 121262417 480843542 477700023 334506281 468009535 476783251 470700901 469848107 475382083 473746173 470566529 460629194 475569177 267460042 472563051 474663296 470704904 475505292 468620488 500403192 477881539 ANDCPSON, BRUCE L 31B08ZIEN, SUE A 31BOSMA, ^AMIE L 12BRINKHAUS. JOHN F 42CHESWICK. GARY B 31CORNICK. JAMES L 31DEMBOUSKI. JAY C 31ENGLISH HI. IRVING 31ERICKSON, KURT R 31 FISCHENICH, DAN T 31 FRITZLER, JOHN M 31 GAFFRON. MICHAEL P 33 6ERHAR0S0N. JOHN R 42 UOMAN. DAVID J 35GREGORY. JAMES D 42 HALLIN. DOROTHY M 12 HANSEN, STEVEN C 42 HANSING. CAROL J 31 HASEMAN. CAROLE 12 JOHNSON. BRADLEY P 31 KARNITZ, RICKY 0 31 KENNEN, JANICE M 31 KNUTSON. CHARLOTTE A 15 KUEHN,^ THOMAS M 15 MABUStH, JEANNE A 33 MCNICHOLS. DAVID L 31 MOORSE. RONALD J 12 HOROWCZYNSKI. JAMES 31 OBERAIQNER. SCOTT Q 42 OBRIEN. RANDY L 92 OMAN. LYLE E 33 PALMER. GREGORY A 42 QUAST. WAYNE A 92 RATHBUN, BARRY J 92 SCHOENH6fF. JOHN B 31 SKREEN, DALE S 42 STEFFENHAGEN. RONALD 93 SULLIVAN. STEPHEN X 31 THOHTON, MARK R 31 TOMCHECK. LAWRENCE F 31 TOMCZYK. MARK W 31 VANG. BRUCE L 33 VEE, LINDA S 12 WALTERS. LINDA Q 15 WECKMAN. STEPHEN J 33 VTD CUHRENTGROSSGROSS6162.49 1611 515280 54 1042 562869 44 435 078097 14 1621 378636 00 1727 209291 99 1640 669029 21 2023 809008 72 1788 918014 48 1611 51 8216 64 1686 93 8461 16 1692 23 7405 95 1483 13 20643 04 2368.12 1526 05 329 56 7058 22 1282.98 6385 11 1278.96 6537 16 1186 06 2952 76 605 91 5139 10 1073 97 8666 65 1611 52 855 65 262 08 748 17 156 18 5210 29 1042 56 10876 73 2177 28 9264 73 1854.89 7916 97 1591 89 12159 19 2511 84 8213 76 1641 74 653» 15 1196 51 6556 33 1154 76 7207 57 1284 76 6176 60 1154 76 8057 52 1825 09 6662 36 1165 19 2063.17 464 10 6443 23 1165 19 6385 15 1278.97 10334.72 2068.88 7881 14 1581 36 8128 50 1798.51 8103 68 1611 52 6485.93 1304.17 5448.76 1150.07 4705.12 483.68 5863 85 1186 48 61.214.42 03/31/94 PI; 204 CM PRREGOREMP •NAM DPT YTDGROSS CURRENTGROSS469141026CALLAHAN. EDWARD J 11 900.00 300.0011324677GOETTEN, J DIANN 11 725.01 241.67470366069HURR, jbELLEN L 11 725 01 241 67473646272JABBOUR. GABRIEL 11 725.01 241 67474527116KELLEY. CHARLES 11 725.01 241.671.269.98 COUNCIL CHECK REGISTER fri Mar 4CHECK NO CHECK DATE CHECK AFKXINT0300721994/03/02 $5,166 00 $5,166 000300731994/03/0^$139 13 $139 130300741994/03/02 $61 52 $61 52 03007S. 1994/03/02 $9,052 38 $9,052 38 030076 1994/03/0?$2,704 66 $2,704 66 030077 1994/03/02 $35,072 53 $35,072 53 03007S 1994/03/02 $1.434 00 $1,434.00 030079 1994/03/02 $983 08 $983 08 030010 1994/03/02 $146 50 $146 50 030081 1994/03/02 $164 00 $164.00 030082 1994/03/02 $50.00 $50 00 030083 1994/03/02 $350.00 $350.00 030084 1994/03/02 $562 02 $562.02 03008S 1994/03/02 $2,212.56 $2,212.56 030086 1994/03/02 $5.09 $5 09 030087 1994/03/02 $2,738 33 $2,738.33 030088 1994/03/02 $100.00 $100.00 030089 1994/03/02 $863 46 $863.46 1994 03 37 53VENDOR DESCRIPTIONCITY COUNTY CREDIT UNI W/H S. TRANSFERRED Pa9t 1ACCOUNT •INVOICE PO NUM HANUAL9999-2030 000773 IP9999-2030 000761 IP9999-2030 00076S IP 9999-2030 000769 IP 9999-2030 000771 IP 9999-2030 000774 IP 9999-2030 000758 IP 9999-2030 000761 IP 9999-2030 000777 IP 9999-2030 000776 IP 9999-2030 000770 IP 9999-2030 000771 IP 9999-2030 000775 IP 9999-2030 000764 IP 9999-2030 000760 IP 9999-2030 000772 IP 9999-2030 000759 IP 9999-2030 000762 IP COLONIAL LIFE INS INS U/HCOMMERCIAL LIFE INS INS W/H FIRST NATIONAL BANK OF W/H FED MEDCR FICA FIRST NATIONAL BANK OF CITVSHARE FICA MEDC FIRST NATIONAL BANK OF NET PAYROLL TRANFER GREAT WEST LIFE ASSURA DEF CC»<P W/H GROUP HEALTH PLAN W/H INSURANCE 2/27 A HENNEPIN COUNTY SUPPOR MARK THOMTON 9002667 HENNEPIN COUNTY SUPPOR DALE SKREEN 9C026231 ICMA RETIREMENT TRUST- W/H DEF COMP LAW ENFORCEMENT LABOR W/H UNION DUES MED CENTER HEALTH PLAN W/H INSURANCE 2/27 A MEDICA CHOICE INS W/H 2/27 A 3/13 MINNESOTA BENEFIT INS W/H MINNESOTA DEPT OF REVE STATE TAX W/H MN STATE RETIREMENT-DE W/H DEF COMP PEBSCO/US CONF OF MAYO W/H DEF COMP COUNCIL CHtCK matSTtil rn Mar 4 li94 03 37 S3 2CHECK NO CHECK DATE CHECK AMOUNT VENOOK DESCRIPTION ACCOUNT 1 INVOICE PO HUM MANUAL0300901994/03/02 S54 00S54 00*PERA LIFE INS IKS W/M 9999-2030 000761 IP0300911991/03/02 S3.461 IS S3.461 15*PERA PERA W/H 9999-2030 000763 IP 030092 1994/03/02 •o oo o•*^UNITED WAT CHARITY W/H 9999-2030 000767 IP S6S.33I 41 1COUtCIL CHECK REGISTER Fri Mar 11 1994 03 27 SO P«9t 1HECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT 1 INVOICE PO NUM.MANUAL1994/03/14 $14 22 AT&T TELEPHONE TO 5/28/94 0549-4320 001435 OH030Q9S114 22*1994/03/14 S34S 59 ALL STAR ELECTRIC niPAin ST LITE C» 15 0249-4346 9272-27 OH030097$345 59* 1194/03/14 ISO.00 AMDERSON. BARBARA FEBPARK COMM MTG-REC 0290-4306 001438 OH 1994/03/14 $t0 00 AMOERSON, BARBARA FEB PC MTG-RECORDER 0174-4306 001438 OH 1994/03/14 S160 00 AMDERSON. BARBARA FEB CC MTGS-RECORDER 0039-4306 001438 OH 03009S $320 00* 1994/03/14 $115 70 AMERICAN NATL BANK AGENT FEES 89 BONDS 0909-4630 001436 OH 1994/03/14 1115 75 AMERICAN NATL BANK AGENT FEES 89 BONDS 0910-4630 001436 OH 1994/03/14 1177 03 AMERICAN NATL BANK AGENT FEES 92 BONDS 0912-4630 001437 OH 030099 1408 48* 1994/03/14 125.00 ANOKA-HENN TECH COLLEG WATEK SCHOOL HANSEN 0549-4356 001434 OH 030100 $25 00* 1994/03/14 128 64 AT 4 T INFO SYSTEM DATA PROCESS 0059-4340 5208538416 OH 1994/03/14 $44 05 AT 4 T INFO SYSTEM DATA PROC 0129-4340 5208536579 OH 1994/03/14 $28 64 AT 4 T INFO SYSTEM DATA PROCESS 0069-4340 5208538416 OH 1994/03/14 $28 64 AT 4 T INFO SYSTEM DATA PROCESS 0249-4340 5208538416 OH 1994/03/14 $28 64 AT 4 T INFO SYSTEM DATA PROCESS 0129-4340 5208538416 OH 1994/03/14 $28 64 AT 4 T INFO SYSTEM DATA PROCESS 0174-4340 5208538416 OH 030101 1187 25* 1994/03/14 $80 00 BCA/TRAINTNG 4 DEVELOP TRNG FEE-CHESWICK 0129-4356 T05640 OH 1994/03/14 $80 00 BCA/TRAINING 4 DEVELOP TRNG FEE-SULLIVAN 0129-4356 T05666 OH 030102 $160.00* 1994/03/14 $161 57 BLACKOWIAK 4 SONS TRASH HAUL FEB 0099-4343 130401 OH 030103 $161 57* 1994/03/14 183.43 BOB RYAN FORD MAINT SQUAD 165 0129-4341 56077 OH 1994/03/14 1207 51 BOB RYAN FORD MAINT SQUAD 165 0129-4341 55922 OH 030104 1290.94* 1994/03/14 $36.50 BONESTROO ROSENE ASN DNR PERMIT WELL NO 3 0549-4305 027955 OH 1994/03/14 $249 00 BONESTROO ROSENE ASN MET SEWER/WAYZATA 0200-4305 027956 OH 1994/03/14 $4,991 31 BONESTROO ROSENE ASN INSPEC/RECORD PLANS 0408-4305 027957 OH 1994/03/14 $1.981 50 BONESTROO ROSENE ASN COST EST/PLAN REVISI 0355-4305 027958 OH 1994/03/14 $63 00 BONESTROO ROSENE ASN COST EST REVISED-BIK 0359-4305 027959 OH 1994/03/14 $50 00 BONESTROO ROSENE ASN JAN COUNCILL MTG 0200-4304 027955 OH 1994/03/14 $1,747 03 BONESTROO ROSENE ASN ENG APPLIC JAN 0840-4305 027955 OH 1994/03/14 $283 50 BONESTROO ROSENE ASN ENGINEERING CONSULTI 0200-4305 027956 OH 1994/03/14 $193.00 BONESTROO ROSENE ASN FOX ST/DNR 0200-4305 027955 OH 1994/03/14 $183.00 BONESTROO ROSENE ASN PARK MAP REVISIONS 0200-4305 027955 OH 030105 $9,777 84* 1994/03/14 $10.92 CELLULARONE CAR PHONE GERHARDSON 0249-4320 001439 OH 030106 $10 92* COUNCIL CHECK SEQISTEK fri Mar 11 1994 03 27SOCHECK NO CHECK DATE CHECK AMOUNT VENDON1994/03/1403010703010B030109 030110 1994/03/141994/03/141994/03/141994/03/141994/03/141994/03/141994/03/141994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 $24 29 $24 29*$17 05$61 14$85 19*$100 00 1100 00*$1$6$2$2$66 $17 S $25 $21 $146 9599630282 99 85 90 41 56* 030111 1994/03/14 $189.87 $189 87* 030112 1994/03/14 1994/03/14 $268.35 $10.00 $278 35* 030113 1994/03/14 $5,265 00 $5,265 00* 030114 1994/03/14 $334 07 $334 07* 030115 1994/03/14 $5.72 $5.72* 030118 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 $128.60 $214 94 $14 97 $44 91 $138 66 $10 24 $552.32* 030117 1994/03/14 $60.00 $60.00* 030119 1994/03/14 $144.44 $144 44* 1994/03/14 1994/03/14 $35.10 $23.40 CHE5W1CK/GARYCITY Of LONG LAKE CITY OF LONG LAKECOMMERCIALCOMMERCIALCOMMERCIALCOMMERCIALCOMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL LIFE/GRPLIFE/GRPLIFE/GRPLIFE/GRPLIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP COPY DUP PR INC CORNICK, JAMES CORNICK, JAMES E-Z RECYCLING FAST GLASS INC FEED RITE CONTROLS G A K SERVICES G 4 K SERVICES OAK SERVICES G A K SERVICES G A K SERVICES G A K SERVICES GANGELHOFF. DONNA GENUINE PARTS CO GOPHER STATE ONECALL GOPHER STATE ONECALL wDtSCRIPT ION ACCOUNT •INVOICE oPO HUM.P*9« 2 MANUALBCA TRAINING COURSE 0129-4356 001441 OHFLASHER UTIL-FEB 0249-4324 001455 OHMAINT HARRINGTON LS-0569-4344 001456 OHALARM FEES S/B MTKA 9001-3525 001463 OHMARCH INS MARCH INS 9001-12980174-4152 0147901479 S!MARCH INS 0569-4152 01479 OKMARCH INS 0549-4152 01479 OHMARCH INS 0129-4152 01479 OM MARCH INS C039-4152 01479 OK MARCH INS 0590-4152 01479 OM MARCH INS 0069-4152 01479 OM MARCH INS 0249-4152 01479 OM COPY MACH LEASE MARC 0129-4210 1883829 OH DARE CONF-WILLMAR 0129-4356 001440 OH DARE AUDIO TAPE 0840-4243 001440 OH FEB RECYCLE PICKUP 0295-4392 001442 OH REPLACE WINDWHIELD •0129-4341 001443 OH FLOUR IDE FLOOR MATS UNIFORM RENTAL UNIFORM RENTAL UNIFORM RENTAL FLOOR MATS UNIFORM RENTAL DEER REMOVAL 2/26 EOUIPMNT PARTS FEB FEE FEB FEE 0549-4234 30597 OH 0129-4343 001445 OH 0249-4221 001445 OH 0549-4221 001445 OH 0569-4221 001445 OH 0099-4343 001445 OH 0590-4221 001445 OH 0185-4360 001448 OH 0249-4232 001444 OH 0569-4306 4020520 OH 0549-4306 4020520 OH ■ ^«mCOUNCIL < CHECK NO CHECK REGISTER Fri Mar 11 CHECK DATE CHECK AMOUNT 1994 03 27 50VENDOR DESCRIPTION ACCOUNT i P49C 3S5I 50*.030120 1994/03/141994/03/14 $455.00 $75 00 $530 00*GOVERNMT TRAING SERV QOVERNHT TRAING SERV PC-LAND USE PLNG W"KS PC-LAND USE PLANNING 0174-43560174-4356 001447001446 OHOH0301211994/03/14 StOO 00 $800 00*HENN CTY FIN DIV ROW4/BOARD JANUARY 0080-4358 02353 OH 030122. 1994/03/14 •$104 12 9104 12*HENN CTY SHERIFF DPT JAN BOOMNG FEE 0080-4358 001449 OH 030123 1994/03/14 1994/03/14 S222 60 S59 50 1212 10* I. C M A DISTRIBUTI I. C M A DISTRIBUTI CITIZEN AS CUSTOMER EFFECTIVE COMMUNITY 0039-4240 0039-4240 001450 001452 OH OH 030124 1994/03/14 921 22 $21 22* KNUTSON. CHARLOTTE MILEAGE FEB 0069-4381 001453 OH 030125 1994/03/14 1994/03/14 1994/03/14 $6 27 $37.63 911.92 $62 72* KUEHN, THOMAS KUEHN, THOMAS KUEHN. THOMAS MILEAGE FEB MILEAGE FEB MILEAGE FEB 0174-4381 0069-43810569-4311 001454 001454 001454 OH OH OH 030128 1994/03/14 1994/03/14 1994/03/14 1994/03/141994/03/14 $5,940.00 $223.00 $4,444 00 $1,364 00 911S 00 $12,086 00* LOGIS - SUITE 300 LOGIS - SUITE 300 LOGIS - SUITE 300 LOGIS - SUITE 300 LOGIS - SUITE 300 SYSTEM DEVELOPMENT SYSTEM DEVELOPMENT SYSTEM DEVELOPMENT SYSTEM DEVELOPMENT SYSTEM DEVELOPMENT 0069-4354 0569-4354 0129-4354 0174-4354 0549-4354 ARSYS94 ARSYS94 ARSYS94 ARSYS94ARSVS94 OH OH OH OHOH 030127 1994/03/14 9468 34 9468.34* MACQUEEN EQUIPMENT SWEEPER-DIRT SHOES 0249-4232 2940524 OH 03012S 1994/03/14 $12.00 $12.00* MAMA MAMA FEB MTG 0039-4356 001462 OH 030129 1994/03/14 93,553.58 $3,553.58* METRO RESTORATION SERV WATER DAMAGE CLEANUP 0099-4343 1675 OH 030130 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 $95 61 920 10 $14.02 929.10 $9.60 $168.43* MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD MIDWEST BSNS PROD OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES 0129-4210 0174-4210 0590-4210 0039-4210 0069-4210 747685 747685 747685 747685 747685 OH OH OH OH OH 030131 1994/03/14 1994/03/14 $80.00 980.00 $160.00* MINN DEPT OF HEALTH MINN DEPT OF HEALTH HANSEN-METRO SCHOOL BRINKHAUS-METRO SCHO 0549-4356 0549-4356 001458 001457 OH OH 030132 1994/03/14 924.98 $24.98*MN BENEFIT ASSN LIFE INS 0129-4152 001459 OH u. 9 o oCOUNCIL CHECK KEQISTEK Fri Hir ii 1994 03 27:50CHECK NO CHECK DATE CHECK AMOUNT VEND09 P«9« 4030133030134 030135 1994/03/141994/03/141994/03/141994/03/141994/03/141994/03/141994/03/14 1994/03/14 121.64 S21.64*SI$16SI640SISISll 00000000000000*MN POLLUTION m POLLUTION MN POLLUTION HN POLLUTION MN POLLUTION MN POLLUTION CONTROLCONTROLCONTROLCONTROLCONTROLCONTROL AAAAAA S300 00 S300 00*morowczynski/james 030136 1994/03/14 S2.341 25 92.341.25*MORTOH SALT 030137 1994/03/14 1994/03/14 $13.50 $31.50 $45.00* MPLS OXYGEN CO MPLS OXYGEN CO 030131 1994/03/14 $350 00 $350 00*NATIONAL AUTOMATIC 030139 1994/03/14 1994/03/14 1994/03/14 1994/03/14 $17.11 $3 92 $21 25 $60 06 $103 04* NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE NAVARRE HARDWARE 030140 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 $30 95 $1,371.16 $1,706.14 $3 31 $1,155 84 $318 13 $114 48 $4,700 01* NSP NSP NSP NSP NSP NSP NSP 030141 1994/03/14 $1,136 60 $1,136.60* NSP 030142 1994/03/14 $300.8$ $300.88* OFFICE PROO OF MN 030143 1994/03/14 $24 00 $24.00*PERA INS • 1994/03/14 1994/03/14 1994/03/14 1994/03/14 $1,104.75 $1,665.10 $110.00 $28.50 POPHAM HAIK 4 ASSOC POPHAM HAIK 4 ASSOC POPHAM HAIK 4 ASSOC POPHAM HAIK 4 ASSOC DESCRIPTIONENVELOPES 0039-4210 1706 OHVEHICLE INSPECTIONS VEHICLE INSPECTIONS VEHICLE INSPECTIONS VEHICLE INSPECTIONS VEHICLE INSPECTIONS VEHICLE INSPECTIONS 0590-43410249-43410549-43410129-43410569-43410174-4341 001460001460001460001460001460001460 OHOHOHOHOHOH INSPECTOR SUIT-SHIRT 0129-4221 001461 OH ROAD SALT 81 3 TONS 0249-4233 11828 OH DEMURRAGE DEMURRAGE 0129-4232 0249-4232 R129400853 R129400852 OH OH WATER DAMAGE CLEAN U 0099-4343 9538F OH EQUIP PARTS EQUIP PARTS MAINT SUPPLIES EQUIP PARTS 0129-4232 0249-4232 0099-4231 0290-4232 001464 001464 001464 001464 OH OH OH OH ELECTRICITY ELECTRICITY ELECTRICITY ELECTRICITY ELECTRICITY ELECTRICITY ELECTRICITY 0290-4324 0099-4324 0549-4324 0174-4324 0569-4324 0249-4324 0590-4324 001466 001466 001466 001466 001466 001466 001466 OH OH OH OH OH OH OH STREET LIGHTS FE8 0249-4325 001465 OH GOLDSTAR SVGA HONITO 0129-4540 221929 OH LIFE INS APRIL 0129-4152 001467 OH LEGAL RETAINER JAN LEGAL CONSULTING JAN LEGAL JOB DISCRIPTIO LEGAL APPLIC JAN 0080-4301 0080-4303 0129-4303 0840-4303 390547 390547 390547 390547 OH OH OH OH V . w •wCOUNCIL CHECK NC CHECK REGIS’ ) CHECK DATE ER Fri Har 11 CHECK AMOUNT 1994 03.27:50VENDOR DESCRIPTION P«9« 503014S1994/03/14•$4,550 82 $4,550 I2‘PUBLIC EMPL RET ASSN PERA 2/14 TO 2/27 9999-2031 001468 OH03014C1994/03/14 S98 94 $98.94*RITZ CAMERA FILM 4 BATTERIES 0129-4210 3764182 OH 030147 1994/03/14 • $1,571 51 $1,578 51* ROLLINS OIL CO GASOLINE 9001-1260 25032 OH 030144 1994/03/14 $153 66 $153 66* ST JOSEPH EQUIPMENT PARTS-CASE LOADER 0249-4232 SI17681 OH 030148 1994/03/14 $461 10 $461.10*STA-SAFE L0C»'SM1TMS VESTIBULE DOOR LOCKS 0099-4343 3618-3619 OH 030150 1994/03/14 $4,351.11 $4,351 11- STEVENS WELL DRILL REPAIR HS PUMP-NAVAR 0549-4345 21453 OH 030151 1994/03/14 $375.00 $375.00-SUBN RATE AUTHORITY MEMBERSHIP 1ST HALF 0039-4380 C01469 OH 030152 1994/03/14 1994/03/14 $8.95 $19.67 $28.62* SULLIVAN. STEPHEN SULLIVAN. STEPHEN HWY 12 ACCIDENT SUPP BCA TRAINING COURSE 0129-4399 0129-4356 001470 001470 OH OH 030153 1994/03/14 $55.44 $55.44*THE LAKER CDBG PUBLIC HRNQ 0039-4322 393 OH 030154 1994/03/14 1994/03/14 $433.72 $530 11 $963.13* TOWN & COUNTRY TOWN A COUNTRY MARCH SERVICE CLNQ MARCH SERVICE CLNQ 0129-4349 0099-4349 001471 001471 OH OH 030155 1994/03/14 1994/03/14 1994/03/14 $92.91 $109.75 $38.29 $241.02- UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORM-FISCHENICH UNIFORM-KARNITZ HANDCUFFS-MCNICHOLS 0129-4221 0129-4221 0129-4221 437771 437195 56388 OH OH OH 030156 1994/03/14 $92 96 $92.96* UNIVERSAL HIGHWAY PRO SEAL KIT-VEH 1425 0249-4232 D010586 OH 030157 1994/03/14 $333.50 $333.50* US WEST CELLULAR INC TELEPHONE 0129-4320 001476 OH 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 1994/03/14 $54.16 $80.90 $53.88 $80 90 $12 15 $80.90 $28.30 $150.66 US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST C0M4UN US WEST COMMUN US WEST COMMUN US WEST COMMUN TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE ADVERTISING 0549-4320 0059-4320 0590-4320 0249-4320 0549-4320 0174-4320 0569-4320 0590-4323 001475 001472 001473 001472 001472 001472 001472 001473 OH OH OH OH OH OH OH OH V ..rCOUNCIL CHECK REGISTER F r1 Ha r 11CHECK NO CHECK DATE CHECK AMOUNT0301SI1994/03/141984/03/14 S40.4S $54.01 $726 56*0301S9 1994/03/141994/03/14 $1.365 98$258 40 $1,624 38*030160 1994/03/14 $91 30 $91.30* 030161 1994/03/14 $59 64 $59.64* 030162 1994/03/14 $9 00 $9 00* 030163 1994/03/14 1994/03/14 $206.87 $1,473.65 $1,680.52* $67,021.29 1994 03:2750VENDOR R«5« iUS WEST COMMUN US WEST COMMUN US WEST CONHUNVILLAGE CHEVROLET VILLAGE CHEVROLETWALDOR PUMP WARNING LITES OF MN WRIGHT HENN ELECTRIC YOCUM OIL CO INC YOCUM OIL CO INC DESCRIPTION MANUALTELEPHONETELEPHONETELEPHONE0039-43200069-43200175-4320 001472001472001474 OHOHmTRANS REPAIR 8428 CLUTCH REPAIR 1426 0249-42210249-4341 CVCS33089CVCS32534 OHOHLIFT STATION SERVICE 0569-4344 28482 OH FLASHERS 0249-4331 0055301 • OH UTILITIES 0249-4324 001471 OH HEATING OIL DIESEL INVENTORY 0590-4324 9001-1260 002260-002261 012173 OH OH i INFORMATION ITEMS COUNCIL MEETING COUNCIL mEETING MAR 1 4 1994 cmroFORONO OF % March I, 1994 ' / // CITYof ORONO Municipal OAkes Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P 0. Box 66 Crystal Bay. MN 55323 0066 Dale Lindquist 780 Brown Road North Long Lake. MN 55331 Dear Dale: On behalf of the Orono City Council, 1 would like to take this opportunity to cuugiatulate you on your reappointment to the Planning Commission, effective March 31, 1994, to . three-year term. The Council, together with staff, look forward to working with you and the other members of the Planning Commission. Best regards, Edward J. Callahan, Jr. Mayor cc: Orono City Council Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 0 , 0\\ v-. >* CITYofORONO Municipal OfTices Street Address; 2750 Kelley Parkway Orono. MN 55356 Maiiinf Adifress: P 0. Box 66 Crystal Bay, MN 55323 0066 March 1, 1994 Janice Berg 2655 Lydiard Avenue Excelsior, MN 55331 Dear Janice: On behalf of the Orono City Council. 1 would like to take this opportunity to congratulate you on your reappointment to the Planning Commission, effective March 31, 1994, to a three-year term. The Council, together with staff, look forward to working with you and the other members of the Planning Commission. Best regards. / ^ ^ f /c: Edward J. Callahan, Jr. Mayor cc: Orono City Council Planning Commission Members Ron Moorse, City Administrator Jeanne A. Mabusth. Building & Zoning Administrator Telephone (612) 473-7357 • FAX 473-0510 Mayor Callahan; For eight years the house at 1080 N. Brown Rd. has had multiple non-running, non-moving Automobiles in it's driveway. I do not know the law regarding such cars in Orono, I do know that common decency dictates that a good neighbor does not fill his property with junk vehicles. If the City cannot get these cars removed, the issue should go to P.C.A. as a fluid and vermin hazard. The State has a law on the number of cars which can belong to an individual or family without purchase of a dealer's license. Because no action has been taken in all these years, I must conclude that the person responsible for these vehicles is politically or socially connected in the City of Orono. For that reason I have not chosen to sign this letter. Please do your duty to the persons who drive and live on Brown Rd. each day. This community is billed as an environmentally responsible one. junk cars is where such concerns begin. GRAY. PLANT, MOOTY, MOOTY 6f BENNHTT. PA. CBN* .•r*.*Y A MAvfBSTC* B9A »»A*.*;iN 3 C.*B» ec- Bej r«A'«* A ant .«*•*«. »*AAO * MOO«» • >Oi-N A 1 <A«« 1 «ac>ON MCl W.N • moot*(«. /A»f r»4 A NoeroN •u%sc 11 M •€ *^r ^/UOT m BCV i% LAN4^rv«N C l NTON A SCM«Of DFA K>*«N C C »lA.«<*C »-a »*ta O VMOMA4 0A»L>NC COYAA«t> J CAcCAl-iAS A >0*-N M HiCNOkS •ABBAMA • MAki^C • •iC ma BO N rc'A**ALAN ~ i O MAClav • MVQf OAWtO N «*0O*v «*UCC 0 C*USS<NC b <ma BO A MAC^C*’ C STfvfN AMLSON WtkfAM O viCiN iO*vN T» ceouCM SoBBN . SFCAL OAWIO * BCWNf NICMOCAS w %»€•€ NC.ABTfN C Dwia « C C A»Af N *e ®>OnN L « Bf NN LtNOi f V s BMA^BON • BUCC 3B WOOTY lOv*N A VM«fL SrcAMCN B nof ALSr*T ANDOf «»%yOi-N o ciuOK:csSi jB NOfl A MultC*AA'M^^fCN % * LLOTSON •0«C»» 1 ••C llan O MABV A MABTiAl r aan »« N C JfSSf «miC ma C i C *lOM iAMrs i »uCBCe OAVIO C BA i-ilN m;C>«a C l • CUNN'NC-*'*•h-mil b B0»«L •CTBfBT *» lABSON bob CBT c maboi ««G TmCMA!| i «0»*N%ON .A^BA J MfiN i40C ar» CENTER THlRn THREE SOLTH 5IXTH iTREH MENSL^XIS. MLNNESOTA 37*^ TUiTKK^M Oi: • «> • :».V KX M’ . 33) • AYr rsra w . 57*. :m DIRECT DIAL 343-2834 March 9, 1994 rrnm y «Aivf«CN • C m«<»0 C ••*•**«« »csMiv M SANC • OU*T^t.t ••U» •• ••«**€• «i*C *« * % &CC«»OC • *fOCD GATtfN L «KiAC» .frr«CY : '•« »t0y j «LC9uC**«a *«.3CiLC Oi^CN o »'C* SASC* WOCTMAH MCN/f i. •O0C J »0rmf • tfoou* ■ •lAN • SC mHC Lk AAOC ♦ A*«0€»«0*>* 4*u«* . ♦C mOCN«a »*C* • ‘C- F '»0» * BAO€» MA** B -v»OMP^N »wtBN -fC-f • ifMCXtAS* !*•*• 0**t • i* %MCN c MAAlC % A MAifB D*A«0 « CBfH«HAtM MAMA r. nAu OCB MAA ^ I .A«f ( WA«Y,ai, o* rowNSfL O .«*••€» H iC lSCH •0*c«’' A BAOt • MOOtV Senator Gen Olson Capitol Building St. Paul, MN 55155 Dear Gen: Thanks for your appearance at last Friday's meeting and your support in the quest for funds for Maxwell Bay funding, seems we in Orono can always count on your help when the City needs it. We do not take it for granted, and we do appreciate it even if we sometimes fail to express our thanks. Good luck in your endeavors. Very truly yours. for It Edward J. Callahan, Jr. Mayor of Orono EJC/ch/0986X CRAY, PLANT. MOOTY' MOOTY a’BENNE'rr. P.A. -4»0 ZAH'* » »*>« A • •df k.v>% • •USSfL*. M CL'^^04* 4 sc**«ofr>€» c BLA-Nr *«*i»s*40 C0««A»O J CAlL*d*4*<| •• iAMCS S &. 40N«0*« • C»d4«0 ** *‘L NT M*C ! 4* • ►•▼Of •«ucc r c »us«'4k; C STCwfN AmlSOA* jOmn <L C »Ou C n C4W-0 » •fNNCTT COM'N c C*AAfNTC» l <*«Oif« % •••N^ON iO*Tdt <* TmiC L AcSfAt 4NO»rA*S J» NOe*. A «4u I f • «0»C*t t MCi.ANO r»*M«| N C .f«%C ..AMtSL »>C«C» M*r. MAfi • C .JNNINC.MAM •0«f»iT » c4«S04t TMO«iA» t /0**4»S0N A.l HI A A!) A J» Ariil 'AM i All i ^041 FL*/A«€'’M Mr NORTON JUO*^M 9rv'S tANCf V*N K>MA| C ••OMFA ••^OAIAS OAA' NC iO*TA* «■ N»C »*Ol S • AIVaAWA • •TAOSC* A(. A^ T M|l t O OAVIO N MOOTv A iC maao a mac AC'”* WULlAta O ALCN SU<»A«<« t ftCOAl NlC*dOCA* N N‘l »f NCAA*‘t A jO**— L a •CNN •<»UCF •• •dOO*'>r STt 4Mf N ■ r Of jOmN C '^.lUO'CCaSi AATMtCCN 4 TillO^SON MAAV A WAAT iA i miC ma CL C »’LOai OAV'O C V ami S MMiiiiM aoNc e ma »o«a *c VAUKA j MC'N 3-kY cm CXNTtR THIRTT THR££ SOLTH <IXTH bTRfET MINNEAPOLIS. AUNNiaTlA SSA?: 37'»' TlL£m.iNE 612. >li • IsCC RAX 6i: . )1) • .XIM. TWX 910 • 576.277S DIRECT DIAL 343-2834 M««OA| k d«A%4 £A ia • SAL vC SON • rCMAMOO ••AAIAN 4€<ant m Ti0«e ■4AMCT OUArritSAu** aU^Af Mt- AM j riSMtA ^^•G.NiA s SCMuaC*' CfO»CC • WOOD CAVtCN L anal • iC»^*fT C AMOf »SON AWT , al O^OC ma A tawa AA MjCllC OcSfN i€Fd«»r » O »^«c A NANCT AOCTMAN Wfsrci oufNTtN m AnT^aoCA •oac*' J WrAtA.T Of an a crOOUA C*CGO«T • MCA? a«iAN a SCMNCLL WAOf ' ANOfASON ,A uA a j SC mOC nSauCA aica c Auatt* BAAaAAA c 'AC*tC«)AT '••0» A Ba OCA WAAA m TmOMASCN »«,«AN CC,:tCA lCNCTC mSa CMAatC"*f A -rWBALL L t**es<j Ltu 3 NA a SAof A M*Lt‘AM m A«CA C , V A A AA l . NO ••mc 'mt a aCAsraow .ON a '*'man w accg A at C ;td»At V O lOACNCC ■ WA'^MCM coco N CNN rca aCCDS'AOM B'SmOA CMAacfS A MA ca OAviO A CACNS itAW MAa« C AacCiA MAB J sc**0*^ «» .ATf L WAA'IN OW COLNSf i 3 AMCS N CLSCN AOaCAT A S'C'N • A wl a •aoc *’'* March 9, 1994 Mayor Howard Bennis Deephaven City Hall 20225 Cottagewood Road Deephaven, Minnesota 55331 Dear Mr. Bennis: In reviewing the letter which I sent to you about a week ago, I realize that its contents do not really address one of the questions which you raised in your inquiry to us. That question related to what would happen if the LMCD were in fact to be dissolved. That is, what would take its place. In the opinion of Orono, the 14 cities, or those of them which choose to do so, could enter into a joint power agreement to perform any or all of the tasks which the LMCD is now performing. However, in the absence of such a choice, several agencies would no doubt seek to increase the authority which they already are attempting to assert on various phases of the lakes activities. And there seems little doubt that the DNR would be the most aggressive, although the Metropolitan Council or the local county park group or perhaps others would no doubt be heard from. As to matters relating to speed, noise, placement of buoys, etc., although the LMCD is actually promulgating the rules and regulations relating to this phase, it is our impression that the DNR is even now heavily influencing those decisions and would easily, happily, and probably efficiently, take over those activities saving everyone a good deal of time, energy and money. But if the cities wish to take over this role, they could, in our opinion. i Mayor Howard Bennis March 9, 1994 Page 2 As to .Tiatters relating to docks, particularly multiple docks, marines and similar items, again the DNR would be likely to seek additional control. However, I believe that the individual cities could, and have the authority to, regulate these matters within their borders. It is not an area in which one choice is necessarily better than another, it is an area in which the impact of regulations are felt most directly by the cities in which the docks are located, and I do not see that joint control is necessary. As to the milfoil harvesting, you will note that in fact the DNR now claims to be the group which is in charge of this, despite the efforts of the LMCD in carrying out the harvesting program. In the local press, it is clear that the DNR both claims credit for any successful operation and claims to be the group which is planning for future events. And I think you will find that the activities which the L.MCD is carrying on by way of harvesting or chemical eradication or other experimental activities are in fact regulated by the DNR so that for instance the total amount that the LMCD was permitted to harvest in earlier years was established by the DNR, not by the ability of the LMCD to do harvesting. If the DNR is in charge it seem to us funding must come from that group or the state. The division of the authority on the lake is surely rather ludicrous. To have the LMCD claiming jurisdiction over the surface water of the lake and the DNR claiming jurisdiction over everything below the surface and upon the land (through shore land regulations) can only cause inefficiency and conflicts. And the removal of the LMCD in its role of purporting to act as a facilitator between other agencies and the cities can only be a blessing. Since the LMCD actually acts in those cases as the representative of the outside agency, its practical function is to shield the agency from the cities and interfere with any negotiations or dialogue which might otherwise take place on a given subject. Hoping that this letter will further assist you and Deephaven in your deliberations, I remain Very truly yours. EJC/lac/0794x Edward J. Ca^aftan, Jr. Mayor of O^no GR.AV. PLANT. MOOl Y. MOOTY BENNETT, RA. **A v€»S'OC** •••4 N 0 s*«> -«n4 *««cv r MAN* M *N* ;• ^ MOO^» Mf t •uSSfli •• •!%♦»•€▼▼ Ct'NTON • sc'-«ocoe« C M*»ST*o tOWAHO J C44.14MAN • ^«m€S % %*A4C**«SO«i» • >c ma »o n ri..N» MACt.4* • I^»0€ •<»ucr o G*»u«s<N<^ C ¥»n»ON .iO^tN ft C*^*JQ** 0*V'0 ▼ 9€*»**frr C04^*N c C4«*»CNT£4 t.l«*0tfv ft BMANftON ^OmN Mr T**it t AiBf *NO«Ci»ft .• »»iOC*. » WULlC* •OBf«Tl MeiLANO r«ANAi »4C ifSftf -• jAMf % I Tur «f « M'C MAf t • C ;jnn ^»oma «a •OI*r»T B iABftON I. 40«NS0*« •k:‘*a *o 4 Moc^c • c A Cl-iOAl CU7*BC*M«k **<>*TOA» jUO'T m BCVift tAAiCrV'S jO*-N £ ••CM»C* *MOMAft 0**l NO iOMN M StCMOLS BABBAMA m MAuftC** Ai AN T Mf wC 04V»O •• **oo^* • iCMAAO A mAC a F^'* «AILL *M O ALf N ftUftAN I. ftCoAL NlC»«OiAft N N»f Mf Nr.AB*f % L A •€ SN BAuCf M» MOO^» $rcM*«cN • r or iOMN o C<uD*Cf ftft< ,• aatmufch s ’ ttorsoN AIABV a MAMT iN M r HACl C f OM OA^rO C BAM i 9 t m BO*A •0«C»T c *<A»OiN-i lau *a . »-r N '■kV CITY aSTtR THIRTY THRH SOUTH SIXTH STREET MINNEAPCUS, MINNESOTA 55-I02 37% TKEPHOM 6i: • M) • :3>V WC 6U • 3)3 . CCfift me «10 . $76 • ;778 DIRECT DIAL 343-2834 March 9, 1994 M*»CN 4. f AiA ’• SA lvC ftCN •tCMABO C Beaman ACNAtV «A *rBAf NANC « OUA’’*!, t BA*J6A BoBAf MMI I *AM J r ftMf A V BCiN.A ft ftCMoBt** Ofo»Gf m Mooo CAT lC N 4. KNAC A .irf»c» C ANCf.»ftON AMV ^ aiOBoC^AB *AMA»A OH SCN frr«c« 0 ^'C« NANC> BOCTMAN MCN;CI j4^tN»iN • ^i’-TBOCA •OBfB* J A»rBCAV» OC AN A If OOu* GWCGOB v • MC«2 ftltlAN B ftCMNC;.C >\AOf ^ ANOCB^A^N ,.AUBA i ftCMO£NBAi.i| B B'C« I AuBlC* BABBAMA f *Br^MF\NA« A BAOC* MABA •• tMOMBSf^N fti^SAN 7tr«f • Vf NCrtMftA CMABtC**! A a .mBA wW tl ftMfNC L'w CiNA B ftA..CB tBtv.i.tAAI B Bf CA Ot WA WV VS A4 L ING •.MOTm* a Bf Aft'BOM >CNA''mas m BCDGBA vC f A D cO«»CNGfB ma ^Tmcm coco n .CNN<*CB BCIOft*«>CW B'»-CB CMABkCS ■ MAlfB CAi/ O A C<*CSftMAMr MABA C ••ooew MA» > ftCMO^" »l >ATl c MAB"iN COuHftfu O JAMFS N FcfttN •OBt»T A ft-C>N 0*01 • MOO*> Governor Arne H. Carlson 130 State Capitol Building 75 Constitution Avenue St. Paul, MN 55155 Dear Governor Carlson: I am writing you on behalf of the City of Orono about a matter which is of interest to the City and the Lake Minnetonka community. It is one about which I wrote a year ago when you were of greast assistance. The DNR, specifically the Trails and Waterways Division, is attempting to obtain funds to buy land for, and to build, a new public access on Maxwell Bay, in Orono on the lake. The facility would provide parking, boat launching, a fishing pier and other related amenities. It is a project wholeheartedly supported by the Orono Council. It will be the largest and best situated project of its kind in the area and its completion will prove the desirability and usefulness of friendly cooperation between our city and the DNR. Also it will be a definite step forward in increasing public access to the lake. We urge you, therefore, to encourage the legislature A»n'* any other agencies with funds to spare to grant this requcadt from DNR. Some funds were allocated by LCMR last year to this specific project, but it is now necessary that all the remaining funds be made available it possible. The cost of necessary land acquisition from several owners will be substantially higher if the whole assemblage cannot be done simultaneously. Besides, we in Orono are most anxious to see the matter proceed. The matter Governor Arne H. Carlson Page 2 March 9, 1994 is before the Finance Committee for inclusion in the bonding bill, and any assistance you can render will be greatly appreciated. Very truly yours. Edward J. Callahan, Jr. Mayor of Orono EJC/ch/0954X Governor Arne H. Carlson Page 3 March 9, 1994 bcc: Dennis Asscmssen Trails and Waterways Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4052 GR-A\'. PLANT, MOOIT, MOO l Y 6r'BENNETT. PA. ..CNit* A p*A¥im%rry^H ■ H o G»A* '••OA *9%0 <* jt» jO»*N *» MOOTV MC,¥H«I m MOOr> •uSSf It •• BCNNf^ Ct*NTO^A SCM»0€OC« c BlAif^C ma OSTa O COMrABO J CAUAMAN Jit iAMf % B SiMONHON • CMAAO AI rt-N* MACtAr • •••pf ••UCC O CIttrSBiMt. w STCvfN A^ilSON iO«N ft C»OUCH OAviO T BCN n CTT fOWWiNC CAAAfNTCH ltf«OlC>r ft BAANftON jOmN ¥¥ THlti AtBCMT AAtOWCMS 'tt NOIL B MULLCM ItOBCMT L mC LLANO f AANALiM C JtftftC J*t jAMf ft L ▼uC a C** MiC mAC l • CUNNiAlCMAW momrHT m labbon TMOMAft t JOmNSON » * v«.>o'A« ** • t k • A M . • . n' N CLlAMT'** * Bf » ft ; ANcC ¥•% X>MN C ••OiArC* TMO<¥Aft 0*A, NO jO«-»n %• S C -*01 ft «A««*AA A MAoSC A AcAN • -f CA¥'0 n %a CC*» l»iC»«AAr A **AC«C*^ Nr tl-AM N ftUftAN , «CCAi N*C»¥OtAft N N»f Ar NOAA-r jOnn L ^ AC NN Bmjcr N noot » STCAMfN A C DC jO**N O - -,3‘Cf ftft< A AATMtIfS ft * tlOtftON MAAV « V*A*;N ««»C^AC^C »L0N DAV'O C §*•*! ft AMUI • iC- AoaCAT f -AAD'N o CAUAA . -f S )-K» cm OMtR ■miRT^’ THREE SOUTH SIXTH STREET MINNL^POUS. MINNESOTA iW2M96 TtLETHONE 6U • MG :SV EtX 612 . ))] • (T66 •nfX 4M • 576 .2778 DIRECT DIAL 343-2834 M > A„ «A*-.ft C A • • ftAcVCftON • C-a AO O BA am *\ lACNN* M ^iBAC nanc »Ouatt ^C*a ^m «AHL*AM J «^'S*»fA VfAO N'A ft ftCMUBf A* GCCAOe A n OOO rOA*.CN t AN AC A ,e»«AC» C ANOftAftCN AMA . AfcOBljCHAA "AMAAA MjCtk.C OLftCN ^Crr«f¥ o r c A SANC* AOC^MAN MCS2CL OoCN' N A N ’’▼ACC* AOftCA* J IAcACAV'' C>CAN A „ft>OUt GACCOAV A MfA2 ftA AN ft ftCHNCtl NAOC * ANOt "SON ^A^AA i ftCMOCNftA„,CA a »ca C "UB lCA BAA9AAA e -Af*«f.\A« »AC» A BAOCA maaa a 'momaaon ftw«AS OCC a CA iCNCZf AftAi CHAAtOT*»l A a .n BACL t' S**f NG 6 0 o SA a ftA,jf A N'LLiAM A ACCA Ol*v<a N NALL>NG A BCAftTACM ;ON a ^man *0 ACOCA av C .i*»Afv o tOACNGCA ma '^'*>«CN j OOCC'N -CNNiifA AC C OftV ACM B'ftNOA C MAAtCft A MAIC A 0A¥»0 A CAf NftMAN MAOM C a AuGCA MA* J BC n OTT II -••f t MAA»iN C» COuNftCt O -AMfft NiCtftCN AoeCAT A STC<N •AwL a MOOTV March 9, 1994 Senator Steven Morse Capitol Building St. Paul, MN 55155 Dear Senator Morse: On behalf of the City of Orono, I wish to thank you in particular for visiting the proposed site of the Maxwell Bay public access last Friday. It is a mark of your dedication to the citizens of the state that you took the time from your crowded schedule to come with your committee members to do such a thing. We hope that what you observed conveyed a better idea of the reasons for the site selection and of the benefits to people in the metropolitan area as a whole from this project. We in Orono have been pleased at the cooperation of the DNR in this matter and hope to see it through to a successful conclusion. Everyone is greatly excited at the prospect. We are grateful for the attention you personally have given us, and we urge your support for the requested funds. We also hope that the need for complete funding at this time is apparent to you. Very truly yours. Edward J. Callahan, Jr. Mayor of Orono EJC/ch 0984X GRAY. PLANT, MOOTY, MOOTY Cif BENNETT. P.A. m*I»OLO G C*NT IM7I«79 O 0*4* •*•041 ■••r r««l^«l Wir •,.A4«T ;OMN MOOtv MCLVI«« • MOOTV MOS&CLL •* •CN**tTT CttKTOM 4 sc-*ococ« C »t.4l««C ••-•S^40 CO«k*<*0 J C*;.cA*44kN J* >4MCS S t***©*!^** (••CHAltO •«• *LINT maclav m M^oc B»UCC O C»0«StNG C STfytN M'tSON S C»O u C m 0A¥»0 T M^mNCTT co«tei««c C4«^rsrc» l *««OlCV % BliANSON ..OMN Mr tMtfL al BCMT ANOBC wS ji> NOCL ^ Moitf • nOBCMt L mC liANO r«ANMi.*N C j€%%€ J« jamcs l ^ucvra M«C»«*CL * »OBC»t • C4I4SON TmOma SI iOMNSON •iC mams « ;• WMt I AM L •It. ON eUZ*«r7M NORTON joo<7m arv'S la ^cvin JOmn f BMOMr* ▼ mOmas c**i >NC jOmA i m N>t»^LS B ambama • MAuSC* ALAN • Mrcn OAVIQ S MOO^V m»C ma BO A ma C a C tt MMLL AM O Susan l SCG al N<mOCAS N N iCBCNO am ^CN JOHN L A«CNN • *K»CC Mr •AOOTV STCM mCN • C«OC JOHN o oiuo'crss* j» AATMlttNS TlluOTSON MART M MART'N NKTHACt C »iOM 0A\#>0 C s Mh »li iM BO h * •OeCRT f ma ROiNO LA u »A j l-r-N 54V.V CITV CLS’TER THIRTY THRH SOUTH SIXTTI STREET MLSNL^POUS. MINNESOTA 5>V: )7% mtPHONE 612 • H) • 2SK FAX 6U • 3)) • OlX)6 T«'X W • 576.2778 DIRECT DIAL 343-2834 m«rcn l ‘^•*Af<<«; tmtn. T SAk«rCSON AlCHARO G aRAMAN AfNNV M ^rSKC MANCV OUA^tCkAUM Bw"*! aill 'AM j *'Sh €R viRC iN ia S SCHuBf R^ GCORCf • MTOOO GAVttN L ANACA jC»»RC y C an OCRSON AMV J ALOBUCHAR *AMA«A HjCLtC OtSCN jfrrRCA O rtCA NANC « ROf ^MAN WCNZCL OuCN^iN R W^ROCA •OBfRT J tAcRf AV¥ DC an a LfOOua GRCOORY R MCR2 BRIAN a SCHNCtL na OC 7 ANOCRSON LAURA J SCHCCNBAUtA RICA € AuBtCR BARBARA c ’'R£7h C ra » •RO'^ A BAOCR MARA R t»«OMRSON SwSAS CfCAfR iCNCJC.xSa CHAR lO"'’C a AtMBALL Cl SHfNG L'U GiNA B SAUCR mticliam r RCC« OCIVIA A AALC iNG riMC'’»«A A BCAS7ROH X>na Tman m RCOOR av C jfVfRC* 0 cORCNCCR MATT mCA j GOGG*n JCNNiAf R RCCOS^ROM B Sho R C ha RvCS a ma >CR OAW'O A CRCNS haa mark C a Ru GCR MAN J SCH0 ’’7 M JAVC C MARTIN C*C COUNSCC O .am CS NtfcSCN ROBCRT a STfiN RAUl R MOOrv March 9, 1994 Senator Gene Merriam Capitol Building St. Paul, MN 55155 Dear Senator Merriam: On behalf of the City of Orono, I wish to thank you in particular for visiting the proposed site of the Maxwell Bay public access last Friday. It is a mark of your dedication to the citizens of the state that you took the time from your crowded schedule to come with your committee members to do such a thing. We hope that what you observed conveyed a better idea of the reasons for the site selection and of the benefits to people in the metropolitan area as a whole from this project. We in Orono have been pleased at the cooperation of the DNR in this matter and hope to see it through to a successful conclusion. Everyone is greatly excited at the prospect. We are grateful for the attention you personally have given us, and we urge your support for the requested funds. We also hope that the need for complete funding at this time is apparent to you. Very truly yours. Edward J. Callahan, Jr. Mayor of Orono EJC/ch 0984X MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 1994 ATT1.NDANCE The Orono Planning Conunission met on February 22, 1994 with the following meinbers present: Chair Charles Schroeder, Sandra Smith, Charles Nolan, Candace Rowlene, Steve Peterson, Jinice Berg. Commissioner Dale Lindquist was excused. The following represented staff: Building and Zoning Administrator Jeanne Mabusih, City Engineer Shawn Gustafson, and City Recorder Barbara Anderson. Chair Schroeder called the meeting to order at 7:00 p.m. (#1) 1903 ERNEST LEMMERMAN 1297 WILDHURST TRAIL/4620 TONKAVIEW LANE SUBDIVISION OF A LOT LLNE REARRANGEMENT Mabusth reviewed the staff repon and stated that staff recommended approval of the request subject to the stipulations lifted in the staff report. She noted that the boundaries adjacent to Wildhurst and Tonkaview are vague. The surveyor advised a registration of the land may be required as a condition of platting. Mr. Lemmerman was present and had no comments. Chairman Schroeder noted this was a public hearing and asked if anyone wished to address this item. No one present wished to speak. Rowlene moved, Peterson seconded, to recommend approval of ^1903 for Ernest Lemmerman at 1297 Wildhurst Trail/4628 Tonkaview Lane, subject to the following stipulations: 1.Application cannot be presented for Council ’s action until legal description issue is resolved and plat is finalized. 2.Designation of drainage and utility easements 10’ wide along the perimeter property lines of both lots and 5 ’ along the interior. 3. Realignment of side lot line so that existing garage can meet 10’ side setback. 6 ayes, 0 nays. (#3) m97 R. HUNT GREENE AND JANE E. PICARD 865 PARTENWOOD ROAD VARIANCES - CONTINUATION OF PUBLIC HEARING Mabusth gave the staff report and noted that staff does not recommend removal of the backout apron because of the length of the driveway. Jane Picard was present and had no comments. Chairman Schroeder staled he felt the applicants had made a good effort to make the changes recommended by the Planning Commission. He concurred with staffs recommendation regarding retention of the backout area. MINUTES OF THE ORONO PLANNING COLMISSION MEETING HELD ON FEBRUARY 22, 1994 (/T3) /^1897 R. HUNT GREENE AND - ANE E. PICARD - 865 PARTENWOOD ROAD - CONTINUED Nolan moved, Peterson seconded, to approve #1897 for R. Hunt Greene and Jane E. Picard located at 865 Partenwood Road for the 650 square foot addition and limiting the overhang along the side to 1.5 ’ and retaining the backoul area. Ayes 6, nays 0. (#5) #1902 DAN R. GUENTHNER 120 GOLDEN VIE\% DRIVE CONDITIONAL USE PERMIT - PUBLIC HEARING Mabusth reviewed the staff report and noted the presence of Dan Guenthner and John Hallson. Chairman Schroeder commented ^elt the applicant should be required to protect the existing septic system. Mabusth stated there had been no calls to statf regarding this item. Mr. Guenthner stated the structure would be constructed with steel rather than wood. Nolan asked about the applicant’s intention of farming on the Suess property, and Mr. Guenthner responded that he had decided against that because it was not workable. Nolan inquired if there would be any retail sales from the property and Mr. Guenthner responded that sales would be wholesale only. Peterson moved. Smith seconded, to approve #1902 Conditional Use Permit for Dan R. Guenthner at 120 Goldea ' icw Drive subject to the following stipulations: 1.Structure shall be installed to meet all required standards of the State Building and Fire Codes. 2. Use of the structure shall be limited to the specific period of March 25 - June 15. 3. When the strucmre is taken down, the strucnire must be removed immediately from the site and not stored cn the 6.5 acre parcel. 4.Notice to owner of property of potential of eliminating suitable septic areas on property because of the use of heavy equipment compacting soils. Existing and alternate septic sites must be staked prior to the installation of greenhouse or any other land alterations. 6 ayes, 0 nays. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 1994 (#6) #1904 ERIC AND SHELLY LIUEQUIST 3490 BIRCH LANT VARIANCES - PUBLIC HEARING Mabusth reviewed the staff report and noted that any condition of approval must include recogniti ... of the proposed hardcover at 2.194 square feet and that applicants are allowed 3(X) square feet of additional improvements for steps, deck, or sidewalk. Eric Liljcquist reviewed the revised footprint for the new house and inquired why he was required to obtain the lot area variance. Chairman Schroeder responded that the area variance requirement was the means by which the City could regulate proposals which could prove to be objectionable for some reason. Smith noted that this was the process by which the ordinance requirements were reviewed to ensure they had been met. In this instance, the applicant has already met those requirements and done tte revisions on his own. Nolan inquired if there would be any grading done on the lot and Mr. Liljequist responded affirmatively, noting that there would bt drainage swales running down the side lot lines. Nolan moved, Berg seconded, to approve #1904 Variances for Eric and Shelly Liljequist at 3490 Birch Lane subject to submission of a grading plan and noting that the applicants are allowed 300 square feet of additional hardcover. 6 ayes, 0 nays. Mr. Liljequist requested that this application be forwarded to the City Council meeting scheduled for February 28, 1994. (#2) #1905 JOHN POWERS/KEN HOPKINS 75/85 FERNDALE GREEN SL^DIVISION OF A LOT LLNE REARRANGEMENT Mabusth reviewed the staff repon. Mr. Larry Berg, attorney for the applicant, noted that the owners of Lots 5 and 6 have been contacted regarding their option to purchase the parcels abutting their lots, and they have been considering action. If they decide against this then the applicant intenus to approach the Country Club to inquire :f they would be interested in obtaining Parcels A and B. This could be accomplished through outright sale or possibly deeding these two parcels to the Country Club. Mr. Powers is proposing this action because he wishes to have legal jurisdiction over this area which he has always considered to be his back yard, and he would like to have the leg^l right to maintain it as such. If Parcels A, B and C are combined with the adjacent residential lots it will increase the area of these lots bringing them closer to legal size. He stated that the Country Club was presently maintaining the parcels and were willing to continue doing this. He requested the Planning Commission to approve their request. n MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, l994 (#2) #1905 JOHN POWXRS/KEN HOPKINS - 75/85 FERNDALE GREEN CONTINUED John Powers stated he is the owner of Lot 7, and Parcel C has functioned as his back yard for some time now, and he wishes to have the legal right to control it. Chairman Schroeder noted that the need for the wedge no longer exists, and he had no problem with the proposal. Mabusth read Resolutions previously approved by the City and the City Council Minutes of 2/11/91 referrmg to this property. She felt that the City Council was looking at maintaining the 2 acre minimum and the rural character despite the availability of sewer and water. Mr. Berg stated that for the present Mr. Powers intends to attach all three parcels to his lot pending the decision by his neighbors regarding whether they are interested in purchasing the parcels adjacent to their lots. He noted that the parcels are too small to be developed individually, and their only purpose can be to either increase the lot area of the adjacent lots or be deeded "back to the Country Club or remain as they are in their present state. Chairman Schroeder commented this appeared to be a straightforward proposal and the 2 acre requirement is maintained after receipt of credit for the wetland. Discussion ensued regarding the possible future for Parcels A and B. Mr. Berg staled that the property was Torrens property and they had created legal descriptions that were acceptable and will have all three parcels certified as metes and bounds parcels attached to Mr. Powers property or the neighbors ’ properties, depending on their decisioh regarding purchase. He noted that he doubted the Country Club would be interested in purchasing Parcels And B but would probably accept it as a gift. He stated they have no intention of transferring title of Parcel B without first conveying Parcel A, to avoid having no access to Parcel C. He slated the parcels cannot be developed because of restrictive covenants. Schroeder moved, Rowlette seconded, to approve #1905 Subdivision of a Lot Line Rearrangement for John Powers/Ken Hopkins, 75/85 Femdale Green, noting that Lot 2 will still be over 2 acres in area. She noted that the resolution should permit or encourage the contiguous landowners to have the option to purchase these parcels, but the property cannot be sold to anyone else. Also, Parcel B cannot be sold until Parcel A is sold, or both can be sold together. 6 ayes, 0 nays. MINXTES OF THE ORONO PLANNING COMMISSION .MEETING HELD ON FEBRUARY 22, 1994 (#4) #1901 1903 TANDEM PROPERTIES 2645/3025 WATERTOWN ROAD PRELIMINARY SUBDIV ISION - CONTINUATION OF PUBLIC HEARING Mabusth reviewed the staff repon and noted the outstanding issues. She reviewed the topography and illustrated the drainage flow patterns and ponding areas amJ culven locations. Smith inquired if the horse/jogging trail was included in the "trail" and not just the limestone surface which was located higher up. She described the conditions on the horse/jogging trail and the difficulties she has encountered in the past when using this trail. Mark Gronberg, Gronberg & Gronberg Associates, stated they have endeavored to reduce the drainage to allow this area to drain more quickly and thus be drier than it has been in the past. He commented that the drainage ponds located on the Dickey property could be enlarged to accommodate more water if needed. Chairman Schroeder inquired if the revised plans would make the drainage situation better than it is now. and Mr. Gronberg responded affirmatively. lie affirmed that they have been dealing with both trails, not just the higher one. Gustafson stated he was not aware of the problems with the horse trail in this area. He felt the developers had provided a great deal of storm water retention, but it may not be adequate to alleviate the problems on the lower trail. Peterson commented he fell the DNR had not maintained the lower trail the way it should be. Mabusth discussed the wetland mitigation issue, which is under the jurisdiction of the Minnehaha Creek Watershed District. She referenced a letter from Director Ellen Sones regarding this, which stated she was satisfied with the plan and per the Wetland Act, they will be able to replace these wetlands with something better. Gronberg reviewed the proposed drainage plans and illustrated the locations of the holding ponds and flowage patterns upon release. He stated the holding ponds will slow the drainage rate significantly, and decrease the flow by approximately one-third. He stated that because the water will be released at a slower rate it will allow the water downstream to dissipate before additional water comes down. Rowlette inquired if there could be problems regarding the dry buildable area of the lots if the holding ponds become larger due to heavy rainfall and Mr. Gronberg responded they have allowed adequate area to prevent any problems like this from arising. Gustafson commented that it was a balancing act, because it was impossible to control the amount of precipitation, but he felt this was a workable plan. Discussion ensued regarding drainage problems downstream, and the Planning Commission expressed concern that this development would not exacerbate already existing drainage problems. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 1994 (#4) #1901 1903 TANDEM PROPERTIES - 2645/3025 WATERTOWN ROAD - CONTCMJED Chairman Schroeder inquired how deep the ponds would be and Gronberg responded that they would be about two feet deep normaUy, but after a heavy rainfall could become as deep as four feet. Rowiette expressed concern that future property owners be made aware that the ponds serve a specific purpose and cannot be altered in any way. Gronberg responded that there will be casements over them. Greg Laughton inquired if the trail would be two feet lower and Gronberg responded that it will be about one foot lower but the DNR did not want to have too steep a grade because of maintenance reasons. Mr. Laughton discussed the drainage levels on his property and noted that during the hundred year storm event the water rose six feet. He was concerned abv.ui the future drainage in the area. He also felt that the drainage needed to be observed when the melting and freezing cycles were occurring during the winter months, because when the culverts become frozen, the water will back up behind them. He stated he was not opposed to the development, but was concerned that his property would be wetter longer as a result ot the proposal. He stated he was concerned about the holding ponds filling up with silt and becoming unable to fulfill their intended purpose over time. Gronberg stated that the wet ponds were implemented to allow for siltation to occur, and noted that once ground cover was established there was very little silt buildup. Mabusth noted that if problems occur with the ponds, the homeowners would more than likely contact the City, and corrective measures could be implemented but it will be the responsiblity of the future homeowners association to maintain drainage facilities. Discussion ensued regarding the efforts of the applicant to address the drainage concerns. Gustafson commented he felt that property downstream will benefit from the plan because the amount of runoff will be slowed, but that’s as far as they can predict. Discussion ensued regarding the length of water retention and the amount of water that will be controlled. Gronberg reviewed the drainage on the Dickey property. He noted they had shifted the property lines to enlarge Lot 8 to allow for creation of a larger pond. They are also directing the drainage down into a large holding pond which will gather water from the Old Crystal Bay Road area. Chairman Schroeder inquired if there had been any further developments in the determination of historical significance for the proposed park. Jim Ostenson, Tandem Propenies, stated they have a wrinen agreement with Mrs. Dickey to respect this site and even if no conclusion is reached regarding the historical significance the area will be set aside for some purpose. He stated that they will have to find an owner for the property, such as the homeowners association or the City. If it were to become just another lot in the development they would have to go before the City Council to get approval for an additional lot. He stated they intend to explore all other possibilities before taking that approach. MLNLTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 1994 (#4) #1901 1903 TANDEM PROPERTIES - 2645/3025 WATERTOHN ROAD CONTINL’ED Chairman Schrocder inquired whether the Commissioners had any opinion regarding whether the trails in the development should be public or private. Sherokec Use stated that a majority of the Park Commissioners felt that if the lot did not become a park that the trails within the development should be private. Because the determination has not been made on the outlot, it’s difficult to make the determination regarding the trails They feel the trail along Old Crystal Bay Road should be public, but are indefinite about the internal trails at this time. Jim Ostenson commented he felt tlwy should wait and see what the determination was regarding the outlot, and then decide about the trails after that. Discussion ensued regarding whether the trails should be public or private and the Commissioners felt tha, if there is no park, the trails should be private, but if there is a park, then they should be public trails linking the park to other areas of the City. Schroeder moved, Peterson seconded, to grant preliminary approval of #1903 Subdivision for Tandem Properties located at 2645/3025 Watertown Road, subject to the following conditions: 1.Dedication of plat road within first phase of Dickey parcel subdivision as public road. Cul-de-sac roads on Coffin property shall be a private road. City to obtain underlying road and utility easements. 2.Dedication of drainage and utility easements 5’ along all interior lot lines and 10’ along the perimeter boundaries and adjacent to road right-of-ways. 3.Prior to any site improvements, erosion control as shown on preliminary grading and drainage plans must be installed and maintained until natural groundcover is restored. 4.Prior to site grading improvements, ail tested septic sites on the Coffin property must be fenced off. The following lots in the first phase development of the Dickey property must be fenced off: Lots I, 2, 3. 4. 5. 6, Block 1, and Lots 3. 4. 5, 6, and 7, Block 2. Note Lots 13 and 14, Block 2 will be fenced off at the time of the approval of the second phase construction for the interior plat road. 5.Drainfields to be moved 5’ to east within Lots 1 and 3, Block 1 to allow for adequate separation for bike trail. 6. Well pit mu^t be sealed within Lot 2. Block 2 of the Dickey property. 7.The following lots have been found to contain effective wetland areas not designated on the City’s conservation area maps: MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22. 1994 (#4) #1901 1903 TANDEM PROPERTIES - 2645/3025 WATERTOWN ROAD - CONTINUED Dickey parcel: Lot 2. Block I - Lots 3, 4, 5, 6, Block 2; Coffin property - Lots 1, 5, 6, and 10. Once again, designated wetlands of the City shall be shown as drainage easements on the plat. There are no designated wetlands within the Dickey property but within the first phase of the Coffin property. Lots 1, 2, 7, 8, and 9 are involved with the designated wetland. Developer shall create covenants to be filed on the Chain of Title ot these properties advising future wners of the limitations on the use of these areas and the need to first apply to the Corps of Engineers and the Watershed District if any improvements are proposed at some future date before obtaining the necessary permits from the City. 8. 9. 10. 11. 12. Developer to install bike trail along Old Crystal Bay Road. The Planning Commission would like to see the outlot remain as it is and the internal trails be public trails. Readjustment of Lot 3, Block 1, Dickey parcel, so that 200 ’ is met to rear of 50 ’ front street setback. Drainfields and ponds shall be covered by easements recorded in the Chain of Title and maintenance shall be the responsibility of the homeowners association. An interim cul-de-sac shall be constructed for Countryside Drive from the west, but the road shall be platted through. 6 ayes, 0 nays. PLANNING COMMISSION COMMENTS Smith reported on the City Council meeting of February 14. 1944 and discussed the items which were approved. She noted the Lund Estate item had been tabled. Commissioner Rowlette stated she would attend the March 14, 1994 City Council Meeting as the Planning Commission representative. The joint meeting of the Planning Commission/City Council was discussed. It was decided to contact Mabusth to determine the most convenient date for the meeting to be scheduled. 8 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 1994 ADJOURNMENT The meeting was adjounad at 10:10 p.m. Charles J. Schroeder, Chairman A CITY OF EXCELSIOR 339 THIRD STREET EXCELSIOR. MINNESOTA SS331 TELE: 612-474-5233 February 10, 1994; MAR 1Gene Strommen, Cbainnan Lake Minnetonka Conservation District ___- - 900 East Wayzata Boulevard Suite 160 Wayzata, MN 55391 Dear Mr. Strommen: The City Council is pleased to see some changes and restraint taking place within the LMCD. We are willing to provnde more time for the LMCD to respond to the concerns raised and establish a positive rapport with the individual communities. Tlierefore, attached is a certified copy of the e.xecuted Resolution the Excelsior City Council adopted at their meeting on Monday, February 7, 1994 Opposing the Dissolution of the LMCD at this time. However, the Excelsior City Councilmembers are requesting that the LMCD: - Be even more responsive to the concerns of the cities; Listen to the cities representatives and the information they share from the city; Provide more data explaining the LMCD’s budgeting needs; Reduce budget expenditures to a more realistic figure; and Leave the Shoreland Management regulation to tbj jurisdiction of the individual cities. The City Council will monitor and review progress made to improve the operation and fiscal responsibility of the LMCD to determine if we can continue support in the future. Sincerely, Attachment - 1 CC: Councilmembers James Grathwol, Representative LMCD Member Cities LAKE MINNETCMKA CONSERVATION DISTRICT Lake Access Committee R_e^h.edyJ^ Meeting Notice and Agenda 7:00 pm, Thursday. March 10, 1994 Community Room 135, Norwest Bank Bldg., Waysata 1. Presentation of Lake Access Task Force Study draft as revised per January 24 draft, with revisions added per board member comments received 2/11 and 2/15/94. * Hand written change received 2/11/94 * Type-written changes, underlined, received 2/15/94 2. Presentation of Lake Access Task Force Study draft as prepared by Bert Foster, introducing: * A new History and Background * A section on Type of Boating access Available on the Lake * Change in order of presenting conclusions and extensive change in language Committee is asked to determine how it views these proposed changes for possible incorporation into the January Lake Access Task Force Study draft presented under Agenda Item 1 above. 3. Determine a consensus or. readiness to move forw.ird with a final draft for presentation to the full Lake Access Task Force. 4. Additional business 5. Next meeting, as needed; 6. Adjournment MAR 7 ---‘i - « Dfttn Hedneadmy Wednesday Thursday Saturday Monday Wednesday Friday «• ^ / ar* * LAKE MINNETONKA CONSERVATION DISTRICT 900 E. Wayzata Blvd. Wavzata, Minnesota S5391 473-7033 amended 3/2/94 LMCD h!EETING SCHEDULE MARCH 1994 F«« Study Subcommxttee 4:30 pm, LMCD Office, Waysata Multiple Dock Envel'pe Subcommittee 5:00 pm, LMCD Office, Wayzata Save the Lake Advisory Committee 5:00 pm, Norwest Bank Board Room Wayzata LMCD Lake Access Committee 7:00 pm, #135 Norwest Bank Bldg, Wayzata Water Structures Committee 7:30 am, #135 Norwest Bank Bldg, Wayzata Lake Use & Recreation Committee 5:30 pm, LMCD Office, Wayzata Administrative Committee 6:00 pm. Tonka Bay City Hall Public Hearing - Slow/No Wake Zone Adjustments 7:00 pm. Tonka Bay City Hell LMCD Board of Directors Regular Meeting 7:30 pm. Tonka Bay City Hall Eurasian Water Milfoil Task Force 8:30 am, # 135 Norwest Bank Bldg, Wayzata J 1. LAKE MINMETONRA CONSERVATION DISTRICT WATER STRUCTURES COMMITTEE AGENDA *7:30 AM, Saturday, March 12, 1994 Norwest Dank Bidg, 900 E Wayzata Blvd, Rin 13 5 (Elevator handicapped access at west entrance, Wayzata Blvd) Minnetonka Yacht Club New Multiple Dock License application, Deephaven, Carsons Bay; Revised site plan and review of the following issues: a) shoreline ownership on east and west b) conversion of slides to slips c) whether or not a new special density license is required d) concerns identified by neighbors 2. Colson Dock Length Variance, 3219 Lakeshore Blvd., Minnetonka, Libbs Lake; Public Hearing Report and Findings 3. Carlson Dock Length Variance, 21650 Fairview Street, Greenwood, Lower Lake Sc-.th; Public Hearing Report and Findings 4. Maple Forest Addition New Multiple Dock License application, Minnetrista, West Upper Lake; Revised site plan (Minnetrista City Council to review 3/7/94) 5. West Point Place Homeowners Association, Tonka Bay, Lafayette Bay; new dock license application for minor change - rebuilding docks in new configuration - no increase in size or number of slips 6. Lafayette Ridge Homeowners Association, Minnetonka Beach, Lafayette Bay; new dock license for minor change 7. Beans Greenwood Marina, Greenwood, St. Albans Bay; new dock license application for minor change in slip location 8. Multiple Dock License Renewals, per staff memo 9 Ordinance relating to Storage of Unrestricted Watercraft; review of fourth reading as amended .-t 2/2 3/94 Board meeting 10. Resolution setting fees for multiple dock licenses as it relates to unrestricted watercraft 11. Additional business 3/4/94 I ■M J*m k »• ■■ m»vW •* -w-- ^A . .m“.. *•' •■r^.V'-»^.‘^r ;■ -• •. -. «• • r* r *'•?>"■ • • . ■. .. • ■• V.5 ^ '3^ : .-rU . : : -4 • • • '*1 /: . J--------------- _ *•■ r l ' ■ ^ *.» t "'•ir.Jf •. » -'S^$ • • , 4 -A ii : - • - »0t^ 4 ’ .t.-r'Vv •."* * . • /r •-- • . • ' * ' • •5 ^::>>i'- ? Wayxata,. Minnesota S5391 ■;3vjr 473 ”7033.^»-. ^ . 'llwVir. .yV'*ir’-» *5>< ». J*-* ^ f' .\- f- •: y V ■ v *••':'■• *vvas,- v ‘.vy. -!, n .? .'■ ? -•-.' •■ • i- ' ; • ,*.■• - • ♦. • ■ * -•■■• . • ••■ r •■■ ■ .-• ;•. ■•*•' ,;>. a,- >' \ -. -^ • • • ■•=, ■: »:??•>•; ' r ’ * ’“ t^: r ^f;^; ‘-fc-p *^ • #!-•. .n>)«f4:r .- v. i^} d»iC V*. • A ittee , * ,-. . •..v\.’,':2.;;f4.'A;.A .. ’. ici, Wayxata ............... • , • ; •• ^ •—* ** • •.. ■»*-•.» . • ' . • r*4SMI .*: * \ • • *A ^'- TV'; Wednesday wt-ji'r*''" •• 2 Fee Study Subconunittee 4:30 pm, LMCD Offic Wednesday 9 Multiple Dock Envelope Subcommittee 5:00 pm, LMCD Office, Wayzata • e Save the Lake Advisory Committee .. _ _ _ . .^. • . 5:00 pm, Norwest Bank Board Room Wayzata • Thursday 10 • •• LMCD Lake Access Committee •• • .. • 7:00 pm, #135 Norwest Bank Bldg, Wayzata Saturday 12 Water Structures Committee 7:30 am, #135 Norwest Bank Bldg, Wayzata Monday 14 Lake Use <■ Recreation Committee 5:30 pm, LMCD Office, Wayzata * ' -* * Wednesday 23 Administrative Committee 6:00 pm. Tonka Bay City Hall Public Hearing - Slow/No Wake Zone Adjustments 7:00 pm. Tonka Bay City Hall * .t LMCD Board of Directors Regular Meeting 7:30 pm. Tonka Bay City Hall ■- ,. , Friday • t • . . • 25 . . ...» . \ . ♦ . ■ • ‘ Eurasian Water Milfoil Task Force v-; . , .. 8:30 am, # 135 Norwest Bank Bldg, Wayzata • ‘ * *a 0 • a, ^ ••a • * - • ( a .* a ifca.^ • • ^ % ,.aa^wr,! %»4 ' ^ ^ • >• .*i . * - * -« !f5/MTG04ttta : •.« .-a-. *#' '. f ■ • *. . • a « . 4 . * • ■^iy ,^y"fv "■'■ <V--‘« -• V.-, :-. •. 1^ '-. '• 57.t» V . ::/* . . ^ V i" .. * ,e^-. 4. ^ii^-■'.V-.. • • '*4- % ap ’ 7 • * •- <• • •«>.• '>• • -». ■<%»■■ y i» > 11 -• •».i -it - f->**'.*> Mr. V . • ^ 'V^.%4^ T7^js— -rfTr-^p-jt.*S‘-T- tny -♦le^rsu-^ TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator March 11, 1994 SUBJECT: Funding of Summer Recreation Program I have attached a memo from the school district Community Education Department regarding a proposed change in the funding of the school district's summer recreation program. The program has been provided free of charge to the participants through subsidies from both the communities and the school district. The school district has subsidized the program through excess fees generated by other programs. The school district now wants to eliminate the use of excess fees to subsidize the summer recreation program. The school district has proposed two funding options. 1. The cities double their contribution to the program. This would increase the city's contribution from $2,700 to approximately $5,400. 2. The cities continue to subsidize cne-half of the cost of the program and the participants in the summer recreation program are charged a fee of $10 to $15 to cover the remaining cost of the program. It may be that a hybrid solution using parts of the current funding practice and the two alternative proposals could provide the best solution. The school district is requesting that the cities select a funding alternative by April 1. \ a ORONQ r MCLANK DCLUCA COMMUwmr Echication OmccTOii BRIAM BER6ST1I0M ASStSTAMT COMMUNTTV Education OiRCCTDii March 9.1994 To: City Councils / Park Boards From: Orono Community Education Re: Summer Recreation Program We need a decision from each community on how we operate the Summer Recreation Program. The program was started in 1980 as a cooperative effort between the communities in the Orono School District and Orono Community Education. The communities have subsidized half of the cost of the program and community education has subsidized the other half. Originally community education was able to pay for these costs from our levy. Since we have had no increase in our levy in the past eight years, we are currently subsidizing the Summer Recreation Program with fees generated by our other programs, such as swimming, tennis, sports camps, and academic enrichment classes. After discussions with our citizen advisory council, we feel that our current practice is not fair to all participants in our programs and needs to be changed for the com ing summer. Therefore we need you to consider one of two options: [11 Cities subsidize the total cost of the program. Approximately twice the amount of last year’s contribution. [2] Cities continue to subsidize 1/2 of the cost of the program and communi ty education charges a participant fee [$10-$15] to cover the remaining cost of the program. Orono P ublic Schools • 705 OLD CRYSTAL B ay ROAD North, RO. Box 36 • Long Lake . Minnesota 55356-0036 • 612.449.8350 It is important to come to a consensus with all six cities regarding which option to choose to avoid the potential of having residents of some cities charged a fee and others not. Please contact Melanie DeLuca or Brian Bergstrom at 449- 8350 prior to April 1 so that your decision can be reflected in our summer brochure program listings. ‘.p ‘v“iv SUMMER RECREATION REPORT 1993 FINAL REPORT 1993 Orono Community Education Summer Recreation Program, June 21 through August 27. In cooperation with the cities of Independence, Long Lake, Maple Plain, Medina, Minnetonka Beach, and Orono. I have included the final bill for the summer recreation program. This bill covers the cost to run the playground program at Rainbow Park and Holbrook Park and the day camp program at Baker Park. The program is funded by a cooperative effon by Orono Community Education and the communities of Independence, Long Lake, Maple Plain, Medina, Minnetonka Beach, and Orono. Orono Community Education pa)r8 for 50% of the costs while the six cities pay the other 50% of the program based upon the percentage of participants that each community has in the program. I have also enclosed a program summary of the other programs that Orono Community Education sponsored during the summer. These were fee bas^ programs as opposed to the free playground and day camp programs. EXPENSES Workers' Salaries Supplies TOTAL EXPENSES $15,261.00 700.00 $15,961.00 AMOUNT REQUESTED FROM EACH CITY INDEPENDENCE 93 participants 14%$1,117J7 LONG LAKE 126 participants 18%$1,436.49 MAPLE PLAIN 154 participants 23%$1,755.71 MEDINA 63 parici pants 9%$ 718.25 MINNETONKA BEACH 13 participants 2%$ 159.61 ORONO 239 participants 35%$2,793.18 ORONO COMMUNITY ED.$7,980.49 TOTAL $15,961.00 Brian Bergstrom, Orono Community Education 10/27/93 ORONO COMMUNITY EDUCATION 705 OLD CRYSTAL BAY ROAD LONG LAKE, MN 55356 (612) 449-8350 Melanie DeLuoi« Director Brian Bergstrom, Asst Director 1993 SUMMER PROGRAM SUMMARY Morning Enrichment Program (math, science, art, reading, tennis, sports, aviation, computers, woodshop, and more) * 62 classes ♦ 1230 students (ages 4 - 8th Grade) * 15 teachers - 22 aids Specialty Afternoon Camps (theater, dance, archaeology, Pioneer, and pottery) * 11 classes ♦ 196 students Sports Camps (basketball, tennis, football, volleyball, and soccer) ♦ 9 camps ♦ 282 students Playgrounds, Day Camps, and Field Trips ♦ staff of 22 - 4 teachers and 18 college and high school students * Playground Program - 8 weeks - M-Th afternoons from 1-4 pm. * Day Camp Program - 4 weeks - M-Th from 10 am to 3 pm. * Field Trips -13 on Th and/or Fr during summer * 688 students Swimming Lessons ■ ♦ 453 students - 8 teachers - 4 aids Tennis Lessons ♦ 199 students Drivers Education * 3 classes - 84 students Preschool Classes * 121 students TOTAL 3,253 students Independence Long Lake Maple Plain Medina Minnetonka Beach Orono 6QfimMTO^RgOBiATlJ0N.P^0^MS 11Baker Park Day Camp ProgramJoin us at Baker Park's Half Moon campsite for a great day outdoors! Activities include games, arts & crafts, special events and swimming at the Lake independence beach. The day camp program is open to cNIdren. grades K through age 13. In the event of rain or bad weather, the day camp may be canceled. If severe weather starts after day camp begins, we wi keep chldren under sheier unll you are able to pick them up. Bring a b^ kmch and beverage. A swimming suk and towel should be* sent if your child plans to swim. No tranaportalton Is provided. Pre>reglatratlon required • enrollment Is limited. Open only to residents of Independence, Long Lake, Maple Plain, Medina, Minnetonka Beach and Orono. There Is no fee. You may register for a maximum of two days. Times: 10AM-3PM #716 Monday Day Camps Dates: July 26 - Aug. 16 #717 Tuesday Day Camps Dates: July 27 - Aug. 17 Location: Halt Moon Campsite #718 Wednesday Day Camps Dates: July 28 • Aug. 18 #719 Thursday Day Camps Dates: July 29 • Aug. 19 Overnight Camping at Baker Park Join In the fun of camping with your friends this summer. Children ages 7-13 are invited to our campout. If you have a tent that can be shared with one or two other cNIdren. please irrdicate this on the registration form. Includes all food • children must provide their own transportation. This special camp-out is supervised by Assistant Community Education Director Brian Bergstrom and members of the summer staff. #720 Overnight Camping Th-^, July 29 *30 #721 Overnight Camping Th-F, Aug.l2*l3 4 PM Thur. • 9 AM Fri. Fee: $10 4 PM Thur. • 9 AM FrI. Fee: $10 Summer Playground ProgramAfterrxMns wW be very speciai at Rainbow Park in Maple Plain and Holbrook Park in Long Lake! Sports, games, arts & crafts and special events wiii give kids a great chance to play and make friends this summer. In the event of rain or bad weather, the playground program will be cancelled for the day. If severe weather starts during the afternoon, we will keep children in the shelter house until you are able to pick them up. Ages 6- 13. Open only to residents of Independence. Long Lake, Maple Plain, Medina, Minnetonka Beach and Orono. There Is no fee for the program but you must preregister & provide your own transportalon (the activity bus makes a 12:30 stop after morning summer school). Dates: M-Th June 21-Aug. 12 1-4 PM Free # 722 Rainbow Park In Maple Plain # 723 Holbrook Park In Long Lake ^ These FREE Playground and Day Camp Programs are offered through a cooperative agreement between Orono Community Education and the cities of Independence, Long Lake, Maple Plain, Medina, Minnetonka Beach, and Orono. Beys and girls who are between the ages of 6 and 13 and are residents of one of the above cities are eligible to participate. A bus^, leaving the Orono Education Link following the morning enrichment program will make stops at both Rainbow and Holbrook Parks- prior to the playground program. There is no return bus for the playground program and no day camp transportation provided., Preregistration required for playground & daycamps. SEE OVERSIZED DOCUMEflT!! I \ 1 r \ir^ < '>% i\ \ i I; L. =w'’ '-ki f » » 1 ;« 'tri ♦- "y ~1 . .!’■ 1 S '' V- ■ Ap -1 . > ■ ——1 • •• /-• w .J- U-- n\- \ M > 5 I i:>•’ 't •*• 'I J! rTTK ppf .■' r .' \i'.i ^ \ ^ /f jv \ // 8 f' 9 4’ — . >■ ■/ J /t. V;. -•\ ■• COuifTlIVWDt'^ < - ’ A'•» 1 ' ' ' ■* % * \ ^ »1 < \ !J PMOPOSCD SUSOfViSlOH FOR TANDEM PROPERTIES OF OUTLOT A. COUNTRYSlOi MANOR 2ND ADOtTION. A TRACT A R. t. S. NO. 1089 HENNCRtN COUNTY. MINNESOTA •• • *• '. nuwN wi »VM«t (►AH c ^ ^ *■ K3 r .. UC9ILMt0 V>«* • * T r 9 9> DICKEY PARCEL J mmd\ ■ M*-( 1>I1I\ .V (.K o NHIK l !V PROPOSED SUBDIVISION FOR TANDEM PROPERTIES OF OUTLOT A. COUNTRYSIDE MANOR 2ND ADDITION. A TRACT A. R L S NO 1089 HENNEPIN COUNTY. MINNESOTA I cnvtiM. S': / fhoposeo sueoiv^ioii rcm TANDEM PROPERTIES M Auorrofrt wumom&Km no . tM NCNNEMI county . IMIMttOTA t* V -> ^ A ' ^ / •J-'Ml •r',C<^,T, I , I m. U«_JL ri- —:.L^ y -‘M/ ' -n ■‘■i- \ V* - • • • \t».T rt*»cf COFFIN PARCEL tij > r»« i t M I * «iAt4 corns <s c.KosHiRc. I nc PROPOSED SUBDIVISION FOR TANDEM PROPERTIES IN AUDITOR'S SUBDIVISION NO 230 HENNEPIN COUNTY MINNESOTA 4 M 1 p^ti %m VEt 1 CO //.Yf3 93 4K> 4HI I >A>