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HomeMy WebLinkAbout04-25-1994 Council Packet■' • * ’ •‘tf^ if*. - '5v.;('()l Nt'll. PACKFT »*■•• * f*' ^ ' .'#■■; ' •' ^ ^'Sr f -V*. % i > «■ ". •»"' >'?■ % K:'-- -V l,;^:5<..,i;*f ■> ■« y 4 aV V V # Vi!^, r >:*' »4 " V' N* » 4.- 4 .# ^ ■f^ ‘V ‘:)f. >, * .<».' i Af. - ^ f h 4 Wiii A ‘ ' .■•■ --'A • ^ jr% > •fcA * i T7;>■ iii*? t‘/'>> |S^ ‘.'v - 4«. /*■ • ^ ■ ■ '•■ V :. v^ - fc ,.Vv^^-'Va > k ■ V. *- - f jr';i WilsonJones, 64 (is24e) File Pocket ./ Red Rope ♦» ? * 'f ^^V.- ;»v i> ji^ r, . r> ^ • V- * .^v -f# V V.: .jto ^ > V *-m e K ‘A V t »« maccmmcoco V r <r .- :§r^. * 't ^'• N ' : •. 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Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL PRESENTATION by Denise Kautzer, State Re Certificate of Achievement for Excellence ig ’ />7:30 P.M. PUBLIC INFORMATION MEETING 1. Proposed Closure of Prospect Avenue % nci k/; ive of GFOA fiB^^orting * 2, CONSENT AGENDA APPROVAL OF MINUTES * 3. Regular Meeting of April 11, 1994 PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS PUBLIC COMMENTS - (Limit 5 Minutes Per Person) POLICE CHIEF'S REPORT ZONING ADMINISTRATOR'S REPORT ** APPLICANTS **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 #1901 Tandem Properties, 2645/3025 Watertown Road - Preliminary Subdivision - Resolution Zoning Amendment - Section 10.56 Subdivision 3 #1792 Minnetonka Power Squadron - Conditional Use Permit Resolution * 7. Minnetonka Power Squadron - 1994 Joint Use Dock License 5 * 6 MAYOR/COUNCIL REPORT ENGINEER REPORT 8. MnDOT Agreement - Old Crystal Bay Road Bridge 8:30 P.M. PUBLIC INFORMATION MEETING 9. Reconstruction of Brown Road North CITY ADMINISTRATOR'S REPORT 10. City of Wayzata Public Works Facility 11. 1994 Board of Review Meeting April 28th, 7:00 p.m. Reminder 12. School Liaison Officer 13. Purchase of Fairway Mower for Golf Course 14. David Maass Art Work Donation 15. Step Adjustment - Officer David McNichols 1C. Michael Carlson P.E.R.A. Contribution - Resolution 17. 1993 Budget Adjustments 18. Resignation of Lt. J. Marc Fritzler AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 25, 1994, 7s30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT (*19) LICENSES (•20) BILLS UPCOMING ISSUES AND EVENTS 04/25 04/25 04/25 04/25 ^ ;/25 04/27 04/28 05/03 05/09 05/16 05/17 05/23 05/30 5:00 p.m. Council interview for legal services Joint Council/School Board Meeting 6:30 p.m. at Student Center, 770 Old Crystal Bay Road North Council meeting 7:30p.m. Public Hearing regarding closing of Prospect Avenue 7:30 p.m. Public Hearing regarding reconstruction of Brown Road North 8:30 Joint Council/Park Commission work session 8:00 a.m. Board of Review meeting 7:00 p.m. Park Commission meeting 7:15 p.m Council meeting 7:30 p.m. Planning Commission 7:00 p.m. ^ « School Board Election Day - No public meetings until af^er 8 p.m. Council meeting 7:30 p.m. HOLIDAY - Memorial Day PLANNING COMMISSION •COUNCIL V. j MEETING DATE PUBLIC ATTENDANCE V--<' <r V <^/ PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. name (please print)address PRESENT FOR (from agenda) NAME OR NUMBER REQUEST FOR COUNCIL ACTION Ql I %lITEM NO.; ( . DATE: ^ % •%iJ Uepartment Approval: Name John R. G.”1iardson Title Public Works Director Administrator Reviewed;Agenda Section: Public Works Item Defcription; Prospect Road Closure Proposal Rccemly the Park Commission as part of an overall review recommended to Council to close Prospect Avenue from Brown Road (Co. Rd. 146) to Arbor Street. The Park Commission conducted i public information hearing on the matter wi»h very little opposition on the part of the Crystal Bay residents. Attached is a partial drawing of the Crystal Bay area showing three alternate entrance/exists to use if Prospect is closed - Arbor Street to North Shore Drive, Briar Street to North Shore Drive and Crystal Avenue to Brown Road South. City Attorney Kevin Staunton has submitted his opinion on a simple council action versus a formal vacating. It is recommended that if the road is to be closed it be closed by council action versus a formal vacation of the roadway. Because the City is the owner of property on both sides of the road the City would receive ownership of the vacated road regardless without the expense of a fomal vacation which requires a formal public hearing, a replatting of the area and the filing of t e appropriate documents with Hennepin County Recorder. Council Action Requested; Motion regarding the closure of Prospect Avenue from Brown Road (Co. Rd. 146) to Arbor Street. REQUEST FOR COUNCIL ACTION DATE: March 11. 1994 ITEM NO.: Department Approval: M'ame John Gcihardson Title Public Works Director Administrator Reviewed:Agenda Section: City Administrator’s Report Item Descriptiom Crystal 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 use. from the Park Commission representative recommending the appropriate 1 TO: DATE: Mayor Callahan and Orono Councilmembers Ron Moorre, Citv Administrator FROM: Lili McMillan, Susan Wilson, Alex Vongries, Park Commission Members xMarch 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: 1) 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 meetmg, that closhg Prospect Avenue would create a more substantial and safer park. Combinine: 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 coordinatui* die street vacation and blaclnop removal at the same time ftmher grading and seeding is to be done at the site. 2) 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 Crystal 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. i) 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. GITYof ORONO Municipal Offices Street Address; 2750 Kelley Parl«way Ofono. AIN 55356 Maiiinf Address: P 0 Box 66 Crystal Bay. MN 55323 0066 Dear Orono Resident: During a review of the Old Crystal Bay City Office site the Park Commission has recommended to the Orono Council to close Prospect Avenue from Brown Road (Co. Rd. 146) to Arbor Street to create an improved park site. To be sure that everyone has the opportunity to comment on the proposal the Orono Council will conduct a Public Information Meeting at 7:30 p.m. on April 25, Chambers, 2780 Kelley Parkway. 1994 in the Orono Council If you have any questions regarding the proposed road closure, please call me at 473-7357. Sincerely, //V7^. —' John R. Gerhardson, Public Works Director JRG/jb Telephone (612) XJyilSl • FAX 473-0510 Crystal Bay former facility site 10-117-23 31 0058 Merry Knudson 2195 Prospect Ave Crystal Bay, MN 55391 10-117-23 31 0064 Roger Day 1205 Brown Road S Wayzata, ^!N 553 91 10-117-23 31 0065 Curtis Quady Box 127 Crystal Bay, MN 55323 10-117-23 31 0066 Monica & Michael Brown 1241 Brown Road S Wayzata, MN 55391 10-117-23 31 0069 Charles & Lisa Warren 1230 Arbor Street Wayzata, MN 55391 10-117-23 31 0070 C.H. Sandgren 1215 Arbor Street Wayzata, MN 55391 10-117-23 31 0071/99 len Kennen/ Janice Kellar 1223 Arbor Street Wayzata, MN 55391 10-117-23 31 0074 Maybe11 Kohls 1224 Briar Street Wayzata, MN 55391 10-117-23 31 0072/73 Karen Bjerkeng P.O. Box 23 Crystal Bay, MN 55323 10-117-23 31 0090 Richard Stinson 2040 Spates Ave Wayzata, MN 55391 10-117-23 31 0075 Richard Kiemen 1212 Briar Street Wayzata, MN 55391 10-1-17-23 31 0093 Michael P. McClelland P.O. Box 45 Crystal Bay, MN 55323 10-117-23 31 0095 Terry D. Morse 2080 Spates Ave Wayzata, MN 55391 10-117-23 31 0096 Harriet S Torangeau 20CZ spates Ave Wayzata, MN 55391 10-117-23 42 0012 Camilo & Maria Castellon 1950 Shoreline Drive Wayzata, MN 55391 10-117-23 42 0014/15 Sailors World Mtka Marina/Yacht Club Box 176 Crystal Bay, MN 55323 10-117-23 24 0033 Shirley & LaDeen McWilliams 1130 Willow Dr S P.O. Box 21 Crystal Bay, MN 55323 10-117-23 24 0016 Gloria Roder 1099 Willow Dr S Wayzata, MN 55391 10-117-23 42 0021/89 Daniel Crear 1980 Spates Ave Wayzata, MN 55391 10-117-23 24 0032 Judith Graunke 1120 Willow Dr S Wayzata, MN 55391 10-117-23 24 0017 Todd St Sue Gabrielson 1115 Willow Dr S Wayzata, MN 55391 10-117-23 42 0022 Smith's Bay Marina Inc 11708 Wayzata Blvd Minnetonka, MN 55343 10-117-23 24 0011 Candee Suess/ James Kemna 1110 Willow Dr S Wayzata, MN 55391 10-117-23 24 0018 Peter St Karen West 1145 Willow Dr S Wayzata, MN 55391 10-117-23 24 0019 Douglas Sc Norma Schnoor 1220 Lakeview Ave Wayzata, MN 55391 10-117-23 24 0020 Linda Cummings 1165 Brown Rd S Wayzata, MN 55391 10-117-23 24 0021 Al Hopwood 922 7th St S Hopkins, MN 55343 10-117-23 24 0022 Steve Sc Joanne Cady 1212 Arbor Street Wayzata, MN 55391 10-117-23 24 0023 Virgil Rollings 1225 Lakeview Ave Wayzata, MN 55391 10-117-23 24 0024 Bruce St Clarice Feik 1245 Lakeview Ave Wayzata, MN 55391 G.W C.JT Jr a C. Cl <i.oa.y 10-117-23 24 0030 Thomas & Barbara Frank 1233 Briar Street Wayzata, 553SI 10-117-23 31 0002 Keith Erickson 2040 North Shore Drive Wayzata, MN 55391 10-117-23 31 0005 Olai Hanson Box 129 Crystal Bay, MN 55323 10-117-23 31 0006 Marietta Anderson 2055 Spates Ave Wayzata, MN 55391 10-117-23 31 0053 Mabel Belt Box 162 Crystal Bay, MN 55323 10-117-23 31 0056 Doris Eisenkramer 2140 North Shore Drive Wayzata, MN 55391 10-117-23 31 0016 Mark & Tina White Box 112 Crystal Bay, MN 55323 10-117-23 31 0019 Donald Sc Katherine Becker 2180 Prospect Ave Wayzata, MN 55391 10-117-23 31 0030/31 Cary Farley P.O. Box 22 Crystal Bay, MN 55323 0-117-23 31 0033 effrey Cutshall 271 Arbor Street ayzata, MN 55391 10-117-23 24 0031 Stephen & Randi Carlson 1185 Arbor Street Wayzata, MN 55391 10-117-23 31 0003 Lyle Godfrey 2060 North Shore Drive Wayzaca, MN 55391 10-117-23 31 0006 F J Golden P.O. Box 172 Crystal Bay, MN 55323 10-117-23 31 0100 Godfrey Bergquist 2140 Prospect Ave Crystal Bay, MN 55323 10-117-23 31 0054 David Sutherland 1365 Arbor Street Wayzata, MN 55391 10-117-23 31 0057 Herbert Shepherd 1335 Briar Street Wayzata, MN 55391 10-117-23 31 0017 Patricia Drummond P.O. Box 195 Crystal Bay, MN 55323 lC-117-23 31 0022/23 Craig Christianson 1251 Brown Road S Wayzata, MN 55391 10-117-23 31 0028 Steven & Jill Benson P.O. Box 52 Crystal Bay, MN 55323 10-117-23 31 0034 Jay Wood Box 43 Crystal Bay, MN 55323 10-117-23 31 0001 Kurtis Johnson 2010 Shoreline Drive Wayzata, MN 55391 10-117-23 31 0004 Carol La Quey 2080 North Shore Drive Wayzata, MN 55391 10-117-23 31 0007 Tim Pattrin 1360 Railroad Ave Crystal Bay, MN 55323 10-117-23 31 0052 Gregory & Julianne Peterson 1355 Arbor Street Wayzata, MN 55391 10-117-23 31 0055 Enrique Libatique P.O. Box 139 Crystal Bay, MN 55323 10-117-23 31 0015/35 Arlene Hoppe P.O. Box 144 Crystal Bay, MN 55323 10-117-23 31 0018 Bobby Johnson Box 123 Crystal Bay, MI'^ 55323 10-117-23 31 0029 Mark Lamontagne 1270 Arbor Street Wayzata, MN 55391 10-117-23 31 0032 F. P. Peterson P.O. Box 164 Crystal Bay, MN 55323 10-117-23 31 0038 Dianne Mattila P.O. Box 108 Crystal Bay, MN 55323 I 10-117-23 31 0036 Marcup tt Judy Blue P 0. Box 62 Crystal Bay, MN 55323 10-117-23 31 0037 Faye Hartraft 1290 Briar Street Wayzata, MN 55391 10-117-23 31 0042 Gary Printup P.O. Box 104 Crystal Bay, MN 55323 10-117-23 31 0039 3rad Ehalt/ Ramona Cesare 1250 Briar Street Wayzata, MJI 55391 10-1-17-23 31 0043 Kevin Curley ■^.O. Box 41 :rystal Bay, MN 55323 10-117-23 31 0050 Philir Kaley ■’. 3 95 Brown Road S Wayzata, MN 55391 10-117-23 31 0040/41 Roberta Roth 1251 Briar Street Wayzata, MN 55323 10-117-23 31 0048 James Frickstad Deb Moen 1375 Crown Road S Wayzata, MN 55391 10-117-2? 31 0051 Emilio Garcia Box 114 Crystal Bay, MN 55325 10-117-23 31 0044 Alexander & Dianne Jentilucci P.O. Box 27 Crystal Bay, MN 55323 10-117-23 31 0049 Todd St Kristen Smith 1380 Arbor Street Wayzata, MN 55391 10-117-23 24 0003 James Buranen P.C. Box 121 Crystal Bay, MN 55323 10-117-23 24 0004 ’bie Christenson 1105 Brown Road S Wayzata, MN 55391 13-117-23 24 0007 Lynnette Gyllenblad 1155 Brcwn Road S Wayzata, MN 55391 10-117-23 24 0005 David Whitney/ Suzanne Wacker 1115 Brown Road S Wayzata, MN 55391 10-117-23 24 0008 David Liesch P.O. Box 61 Crystal Bay, MN 55323 10-117-2? 24 0006 Duane Glew 1135 Brown Road S Wayzata, MN 55391 pnPHAM HAIK mfmor ANDIM 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis. MinnesoU 55402 (612) 333-4800 TO: FROM: RE: DATE; John Gerhardson Kevin Staunto Street Closing April 7. 1994 luu ,.a.. asked me prospect Avenue going through the Brown Road South and Arbor City is contemplating closing is owned by the ity. s... ‘ 3»rX ™ open, change, widen or extend J ^e authority to close a street in grounds . .implicit m H>e . „„ has the power to close otf a fact, the Minnesota Attorney g ^„ 396^.3, December 23. 1952. street for recreaUonal purposes. SS£ 0pp. Atty. oen. Please note, however, that closin* ^ s«e. is City wishes to vacate the street it before the CouncU can Stm^ I 412.851 (requiring a ^Jantage of course, of closing this street rather “ " course o^ action. You have asked cc: TJBarrett RECEIVED APR 1 1 1994 CITY OF ORONO 216/22041*024/7^4 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETINGHELD APRIL 11, 1994 ROLL The Council met on the above date with the following members present: Mayoi^jj^^^ A. Callahan, Councilmembers Charles Kelley, J. Diann Goetten, Gabriel Jabbour, and^O^ ^ Hurr. The following represented staff: City Attorney Kevin Staunton, City AdmimlR^r (p Ron Moorse, Police Chief Stephen Sullivan, Building and Zoning Administrator Jeanrt^ Mabusth, Assistant Planning and Zoning Administrator Michael Gafffon, Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Barbara Anderson. Mayor Callahan called the meeting to order at 7:30 ^ m. Chief Sullivan introduced Police Officer Mike Carlson to the Council, noting that he had been a member of the Police Reserve for the past eleven years and now will be a part time police officer for the City of Orono. Mayor Callahan welcomed him on behalf of the City. (♦#1) CONSENT AGENDA Mayor Callahan requested that items #3, #7. #8. #11, #13, #14, #15, #16 be added to the Consent Agenda and Item #12 be removed. It was moved by Jabbour. seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5. nays 0. (♦#2) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Goetten, to approve the Minutes of the March 28, 1994 City Council Meeting as submitted. Ayes 5, nays 0. PARK COMMISSION COMMENTS - Dick Flint There were no Park Commission comments. PLANNING COMMISSION COMMENTS - Charles Nolan There were no Planning Commission comments. (♦#3) #1862 THREE STAR TRUCKING, 2590 WATERTOWN ROAD - FINAL SUBDIVISION - RESOLUTION NO. 3407 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3407 approving #1862 Final Subdivision for Three Star Trucking at 2590 Watertown Road. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING held APRIL 11, 1994 (#4) #1885 LUNDGREN BROTHERS CONSTRUCTION, INC. - 2675 SIXTH AVENUE - PRD/SUBDIVISION - SKETCH PLAN REVIEW Mabusth gave the staff report and requested Council direction to staff and the applicants regarding the issue of density. Staff supports the use of the PUD zoning designation for the development of this property because of the many wetlands and their placement throughout the property. She noted that the project is located within the MUSA boundary but sewer is not immediately available to the site. Discussion ensued regarding the requirements for a Planned Unit Development zoning designation for properties both with and without sewer availability. Mabusth noted that in this case the availability of sewer made all the acres count towards the overall density tor the project. Jabbour commented he felt the two acre lot size should be retained because that was how the City of Orono was developed, and not just because there was sewer available to the property. Kelley concurred, and noted he felt that two acre lots would be compatible with the surrounding area. Hurr commented she had some difficulty requiring two acre homesites in a sewered zone, but felt that the project should be developed as a PUD. Gociten commented she would prefer to see a lower density for the project. Mayor Callahan commented he observed the consensus of the Council was they preferred a 2 acre zoning but there was the possibility of something less than that because of the possible PUD zoning designation. He felt the Planning Commission should review the proposal and consider whether they felt the PUD zoning desigm.tion was appropriate. John Uban, Shardlow, Dahlgren and Uban. representing the developer, inquired what the opinion of the Council was regarding the density. He noted they have added open space to the plans which will benefit the community, and they believe the proposed density of 44 units will be a good development plan. Mayor Callahan stated that if the Planning Commission recommends changing the zoning to PUD then the City will be required to hold a public hearing and have the zoning amendment approved by the Metropolitan Council. Kelley commented he felt there should be no more than 29 building sites in the development, and Jabbour concurred. Mayor Callahan commented it appeared the Council preferred the current zoning designation, Uban stated they would present their project to the Planning Commission for their review and recommendation. It was moved by Mayor Callahan, seconded by Kelley, to have the Planning Commission review #1885 Lundgren Brothers Construction, Inc. PRD/Subuivision located at 2675 Sixth Avenue. Ayes 5, nays 0. MINXITES OF THE REGULAR ORONO CITY COUNCIL MEETING ilELD APRIL IL 1994 (♦#5) #1898 PAUL & ROSE HAUSER. 2801 CASCO POINT ROAD - VARIANCES - RESOLUTION NO. 3408 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No, 3408 approving #1898 Variances for Paul and Rose Hauser and 2801 Casco Point Road. Ayes 5, nays 0. (#6) #1901 TAMDEM PROPERTIES, 2645/3025 WATERTOW^N ROAD - PRELIMINARY SUBDIVISION Mabusth reviewed the preliminary subdivision proposal and noted that the issues to be determined by the Council were relative to the Park Dedication Fee and the areas which would be credited against the park dedication fee, including the cost ot construction of the Old Crystal Bay Road bike trail. She noted that the developer has agreed to construct the interior bike trails. Discussion ensued regarding the method of establishing the value of the property which is the means by which the calculations are made for the park dedication fee. Jabbour stated he was willing to reimburse the developer for the cost of the bike paths which were part of the City ’s plan but any additional trails which were being constructed internally would be at his own expense. Mayor Callahan stated he felt the internal trails should be public trails; Hurr concurred, and stated the access to the trails should also be public. However, the internal trails were an amenity to the development and she felt the developer should not be reimbursed for those construction costs. She noted that the old barn and house on the lot proposed as a park should be removed, and she wanted to have the costs of the trail established prior to it’s construction to avoid any hidden costs. Kelly stated he did not feel the interior trails should be deducted from the park dedication fees; Goetten concurred. Hurr stated she would like to sec the interior trails instolled even though the developer would not receive park dedication credit for their construction. Dick Putnam stated they would construct them anyway. Hurr stated she felt there was value in having the trail constructed prior to the homesites being sold because people would not complain about an existing trail. Jabbour commented he wanted the trail constructed to Hennepin County standards. Dick Flint, Park Commission Chair, reviewed the potential costs of the trail construction and noted that it was going to be more expensive because of it’s location. He noted that if the Council determined park dedication credit was to be given for the trail construction it should be based on the straight trail cost, rather than the proposed meandering trail location cost. He stated that the Park Commission had considered how to handle the issue of trails that are constructed along transportation routes and the Park Commission liked this and recommended that the developer construct and pay for it for that reason. He noted that Hennepin Parks would give the City credit for part of it and will help with the costs of construction for the entire segment. He believed the costs would be approximately $30/foot based on Hennepin County figures. I : MINUTES OF THE REGULAR ORONO CITY’ COUNCIL MEETING held APRIL 11, 1994 (#6) <^1901 TAMDEM PROPERTIES, 2645/3025 WATERTOVV'N ROAD - PRELIMINARY SUBDIVISION (CONTINUED) Mayor Callahan stated he fell the cost of constructing the trail should be deducted from thc^ park dedication fees. Gocnen agreed. The consensus of the Council was that the cmi of the bike trail and the easement for the land be deducted from the park dedication fee. Kelley concurred, noting that it should be limited to the Dickey property. Mayor Callahan called for discussion of whether to accept Outlet A as a park dedicated to the City. He understood that the propert>' owner, Mrs. Dickey, wished the land to be dedicated as a park and conveyed to the City, and he felt that the City should accept it. However he noted that the house and barn existing on the property should be remov^ to avoid environmental problems in the future. He stated he did not believe the land value should be deducted from the park dedication fee. Putnam discussed the merits of whether it was determined to be an historic sue or rmined as an Orono historic park. He stated he felt the status of the barn should be claritied before it was removed, in the event that it might be restored and used as an interpretive center for the native American burial grounds. Hurr stated that the City was not equipped to handle the suuctures and the potential for vandalization and policing would place demands on City staff, and the insurance costs to retain those structures would be financially expensive as well. Putnam stated he would commit to removal of the structures, but wanted to have an assessment done before they were removed. Jabbour commented he felt the house must be removed, and while the City agreed that the land was holy land, it would not be credited against the park dedication fee. Discussion ensued regarding the possibility of obtaining private funding to restore the barn prior to requiring the developer to remove it. Putnam inquired if the Council would approve retaining Outlot A as private open space within the development and Mayor Callahan responded that he believed it would cause rnany problems because the people who wished to visit the site would not be residents witHin .at development. He felt it would be best to keep it as a public park. It was moved by Mayor Callahan, seconded by Jabbour, to approve #1901 Preliminary Subdivision for Tandem Propenies, and direct staff to prepare a revised resolution with the inclusion of the provisions discussed and agreed to by the City and the developer for Counci adoption at the April 25, 1994 Council meeting. Ayes 5, nays 0. (♦/T7) #1907 JAMES AND JOAN JUNDT, 1400 BRACKETTS POINT ROAD - VARIANCES - RESOLUTION NO. 3409 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3409 approving #1907 Variances for James and Joan Jundt at 1400 Bracketts Point Road. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 (*#8) #1908 DAVID CARLSON, 620 BIG ISLAND - CUP/VARIANCE - RESOLUTION NO. 3410 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3410 approving #!908 Conditional Use Permit and Variances for David Carlson at 620 Big Island. Ayes 5, nays 0. (.#9) #1910 ORONO SCHOOL DISTRICT #278, 795 OLD CRYSTAL BAY ROAD - CUP - RESOLUTION NO. 3411 Mabusth reviewed the staff report and noted that there is another improvement that the school failed to include with the application. This requires a variance for the location of the concession/storage building which is proposed to be 12’ x 12’ and will be located 45 from the western lot line. This will require a 5 ’ variance. Neal Lawson reviewed the proposal and explained why the proposed structure required the variance. Hurr noted she was not comfortable approving a variance which had not been advertised and of which the public had not been notified. Jabbour stated he felt that the applicant should go through the variance approval process, but he was prepared to approve the conditional use permit as requested. It was moved by Hurr, seconded by Kelley to adopt Resolution No. 3411 approving #1910 Conditional Use Permit for Orono School District #278 at 795 Old Crystal Bay Road and the variance request shall be processed through the Planning Commission as required by ordinance. Ayes 5, nays 0. (#10) RICHARD R. HANSEN - REQUEST TO AMEND DEVELOPER’S AGREEMENT FOR FOXWOOD SECOND ADDITION Mabusth reviewed the petitioners request that the developer’s agreement be amended to allow the road to be constructed only at the time a building permit is issued for Lot 2. Mr. Hanson was asking permission to allow a building permit to be issued for Lot 1. Larry Berg, representing Mr. Hansen, stated he understood that shared driveways were permitted in the City. He stated the City could not issue a building permit for Lot 2 without the road being constructed. He explained that there was no money available to construct the road at this time but that Lot 1 could be sold if the purchasers could develt^ it. He explained that they had the assurance from the DNR that Lot 2 would be deemed buildable, but that was not yet officially established. Hurr stated that the Council had approved the subdivision and the DNR had been asked to reclassify the upper basin of French Lake. She felt that the road should be constructed as originally required. Discussion ensued regarding the potential buildability of Lot 2 and the developer’s economic hardship. Berg maintained that Lot 2 was not buildable until the roadway was constructed, so the City would not be risking anything by permitting a building permit to be issued for MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 (#10) RICHARD R. HANSEN - REQUEST TO AMEND DEVELOPER’S AGREEMENT FOR FOXWOOD SECOND ADDITION (CONTINUED) Lot 1. He stated Mr. Hansen was willing to post a letter of credit or cash sufficient to cover the cost of constructing the road if the Council wished. It was moved by Hurr, seconded by Jabbour not to amend the original agreement and require a letter of credit or cash, at the discretion of the developer, to be posted as originally required before a building permit can be issued to Lot 1. Ayes 5, nays 0. (•#11)1994 JOINT USE DOCK LICENSE - VETS CA>fP, BIG ISLAND - RESOLUTION NO. 3412 It was moved by Jabbour, seconded by Goetten, to adopt Resolution No. 3412 directing staff to issue a joint use dock license to Board of Governors. Big Island Veteran s Camp, subject to conditions noted herein for the period of January 1, 1994 to December 31, 1994. Ayes 5, nays 0. (#12) UPDATE ON 1994 MARINA LICENSE APPLICATION Gaffron stated that all the marinas were issued licenses in 1993, and noted that Gayle’s Marina has paid for licenses the last two years. He stated that marina owners are charged a $50 late fee when their applications are late. MAYOR/COUNCIL REPORT Jabbour inquired how much area was available for expansion around City Hall and about the capacity of the sewer to handle the additional development. He felt that it was important information for the Planning staff and City Administrator to have to assist them in making decisions. Kelley inquired about the plans and specifications for the bridge and when they would be able to view them. Cook responded that they were available now, and he would be sure that the Council reviewed them. He stated they expect to begin construction in June. Mayor Callahan commented that they had been unable to interview the firm of Popham Haik for the position of City Attorney, and suggested that perhaps that could be done on April 25th at 5:00 p.m. The Council concurred. ENGINEER’S REPORT Cook stated that he had met with the people concerning the Brown Road construction project and discussed the issues with them. He stated the residents were very supportive of the bike path because of safety concerns. He noted they felt the street width should be 28 ’ and the residents intend to submit a petition requesting this. Staff s position was that the road should MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING held APRIL 11, 19M ENGINEER ’S REPORT (CONTINUED) be 32 ’ in width which would allow for parking on one side. He stated that if the Council decided to construct the road to 32 ’ the residents should be invited to appear before the Council to discuss it. Kelley inquired if the 28 ’ width would meet MSA standards, and Cook responded affirmatively. Goenen stated she did not see why the road could not be built to 28 ’ as desired by the residents. Jabbour commented that if the residents did not want to park on their road then the 28 ’ width was okay with him. Mayor Callahan commented that he felt it would be good to meet with the residents to discuss their wishes, and requested staff to schedule this item for the AprU 25th agenda. cm' ADMLNISTRATOR ’S REPORT (*#13)E\fl»LOYMENT OF PART-TIME POLICE OFFICER It was moved by Jabbour, seconded by Goetten, to approve the hiring of Mr. Carlson effective 4/15/94 at the rate of $10.92 per hour. Ayes 5, nays 0. (*#14)E\fl»LOYMENT OF PART-TLME CLERICAL POLICE DEPARTMENT It was moved by Jabbour, seconded by Goetten, to approve the hiring of Ms. Knollenberg at the rate of $8,826 per hour, effective immediately. Ayes 5, nays 0. (*#15)EMPLOYMENT OF ASSISTANT FINANCE DIRECTOR AND SR, ACCOUNTING CLERK It was moved by Jabbour, seconded by Goetten. to approve the hiring of Chris Miller as Assistant Finance Director at the rate of $13.60 per hour effective May 2, 1994. Ayes 5, nays 0. It was moved by Jabbour. seconded by Goetten, to approve the hiring of John Olson as Sr. Accounting Clerk at the rate of $11,729 per hour effective May 15 to June 1, 1994. Ayes 5 nays 0. (*#16)AGREEMENT WITH THE CITY OF LONG LAKE TO PROVIDE RECIPROCAL EMERGENCY WATER SUPPLY It was moved by Jabbour, seconded by Goetten, to approve the agreement with the City of Long Lake to provide reciprocal emergency water supply and request Mayor and City Administrator to sign the agreement. Ayes 5, nays 0. MEVUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 (#17) DEDICATION OF FRENCH LAKE PRESERVE PARK LAND - RESOLUTION NO. 3414 Jabbour commented he felt there could be a future problem it they spent park dedication funds on land that was not dedicated park land. Hurr stated she felt it should be a park instead of a preserve to avoid confusion in the future. It was moved by Mayor Callahan, seconded by Jabbour, adopt Resolution No. 3414 designating the area known as French Lake Preserve as park land and transterring the estimated value of the park land ($90,000) from the Park Fund to the Building Fund. Ayes 3. nays 2. Kelley voted nay because he did not want the money transferred. Hurr voted nay because she felt there was insufficient information provided. (•#18) TAX FORFEIT PROPERTY - RESOLUTION NO. 3413 It was moved by Jabbour, seconded by CJoetten, to adopt Resolution No. 3413 releasing tax forfeited propeny to adjacent property owners only. Ayes 5, nays 0. (*#19)ESTABLISH SPRING CLEAN UP DATES It was moved by Jabbour, seconded by Goetten to designate April 30 and May 7, 1994 as the Spring Cleanup Days with the guidelines listed in the statt report. Ayes 5, nays 0. (#20) ESTABLISH PARK SURVEY WORK SESSION The Council determined to hold the Park Survey Work Session on April 20, 1994 at 8:00 a.m. or on April 19, 1994 at 8:00 a.m. (#21) ESTABLISH DATE FOR SEPTIC SYSTEM WORK SESSION The Council determined to set a date for this work session at their May 9, 1994 Regular Council meeting. (#22) PURCHASE OF WINDOW TREATMENTS FOR CITY FACILITIES It was moved by Goetten. seconded by Jabbour, to approve the additional window treatments at the City facilities by On-Windows at a cost of $1,368.00 to be funded from the Building Fund. Ayes 5, nays 0. (#23) TEMPORARY WAGE ADJUSTMENT - SR. ACCOUNTING CLERK It was moved by Hurr, seconded by Kelley to approve a temporary 10% wage increase for Sr. Accounting Clerk Charlotte Knutson for the additional duties performed during the long term absence/replacement of the Assistant Finance Director as follows: for the period February 2, 1993 through April 11, 1993, an additional $1,268 per hour and for the period 8 MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 11, 1994 (#23) TEMPORARY WAGE ADJUSTMENT - SR. ACCOUNTING CLERK (CONTINUED) January 31, 1994 through July 8, 1994 an additional $1,303 per hour. Ayes 5, nays 0 (#24) UCENSES Moorse informed the Council that the dog owned by Mr. Faras had been impounded by the police and Mr. Faras had informed staff that the dog would be kept on a chain in the future. Means of enforcing the ordinance and possible provisions for revocation of the kennel license were discussed. Staunton stated that if the dog becomes a nuisance, the kennel license can be revoked at the discretion of the City Council. Mayor Callahan moved, Kelley seconded, to grant the following licenses: Septic System Installer:Koch’s Soil Testing Thompson Plumbing Corporation Westwood Professional Service Special Events Permit:Jack Moran Fred Kurz Memorial 10 Mile Foot Race April 16, 1994, 8:30 - 10:30 a.m. Hennepin Parks Tour de French Bike Ride June 18, 1994, 10:00 a.m. - 4:00 p.m. Residential Kennel License: Anthony Faras 975 Tonkawa Road Ayes 5, nays 0. (*#25)BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers Charles Kelley, J. Diann Goetten, Gabriel Jabbour, aw! JoEllen Hurr. The following represented staff: City Attorney Kevin Staunton, City Administrator Ron Moorse, Police Chief Stephen Sullivan, Finance Director Thomas Kuchn, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Public Works Director John Gerhardson, City Engineer Shawn Gustafson, and Recorder Barbara Anderson. Mayor Callahan called the meeting to order at 7:33 p.m. PRESENTATION - Denise Kautzer Denise Kautzer, State Representative of GFOA, presented a Certificate of Achievement for Excellence in Financial Reporting to Mayor Callahan and Finance Director Tom Kuehn for the year ended December 31, 1992. Mayor Callahan congratulated Finance Director Kuehn, Linda Walters, and Charlotte Knutson on the fine job they had done for the City of Orono. Finance Director Kuehn noted that this was the 6th consecutive year the City s Comprehensive Annual Finance Report had received the award. PUBLIC INFORMATION MEETING (#1) PROPOSED CLOSURE OF PROSPECT AVENUE Moorse reviewed the proposal to close approximately 200 of Prospect Avenue to eliminatt the roadway through the park area, and eliminate possible safety problems which could arise if that portion of the roadway is left open. Curt Quady, 1223 South Brown Road, asked why they were not proposing to close Crystal Avenue also, since it too went through the proposed park. He stated he was in favor of closing Prospect Avenue, but felt that Crystal Avenue should be closed as well. Lili McMillan, Park Commissioner, stated that they felt that closing both roads would create too great a disruption to the neighborhood. Terry Morse, 2880 Spates Avenue, stated he was appreciative of the park and supported the closure of Prospect Avenue. Judy Christenson, 1251 SouUi Brown Road, inquired if the roadway were closed rather than vacated, would that mean the City could not have any structures on the property. Mayor Callahan responded that would not be a problem. Jabbour commented the intent of the Council was to turn this area into a park as was promised to the neighborhood. 1 m MDOJTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#1) PROPOSED CLOSURE OF PROSPECT AVENUE (CONTINUED) Goetten commented she supported closing Prospect Avenue but felt that to also close Crys^ Avenue would be too great a disruption to the neighborhood. She felt the present proposal was a reasonable solution. Kelley concurred, and noted he supported the proposal. Mayor Callahan agreed, and inquired if the road closure would adversely impact the parking at the Art Center. Mabusth responded negatively. It was moved by Hurt, seconded by Jabbour to authorize the closure of Prospect Avenue from Brown Road (Co. Rd. 146) to Arbor Street. Ayes 5, nays 0. (♦#2) CONSENT AGENDA Kelley requested that items #13 and #14 be added to the Consent Agenda. It was moved by Goetten, seconded by Hurt, to approve the Consent Agenda as amended, Ayes 5, nays 0. APPROVAL OF MINUTES (♦#3) REGULAR MEETING OF APRIL 11, 1994 It was moved by Goetten, seconded by Hurr, to approve the Minutes of the Orono City Council Regular Meeting held on April 11, 1994 as submitted. Ayes 5, nays 0. PARK COMMISSION COMMENTS - Richard Flint There were no Park Commission comments. PLANNING COMMISSION COMMENTS - Sandra Smith There were no Planning Commission comments PUBLIC COMMENTS Curt Quady, 1223 South Brown Road, stated he had requested the City to remove the trees in the alley behind his house three years ago, and had not had any action to date. He stated he had discussed the problem with his neighbors, and they supported him in his request to have the trees removed. He noted that there are a couple of power lines which go through the trees which will require that they be professionally removed. Gerhardson requested the Council to allow him to review the situation and get complete information before making any arrangements regarding this request. Mayor Callahan requested that Mr. Quady meet with Gerhardson to reviev' the situation, and then make a recommendation to the City Council for authorization to proceed with the tree removal. o' MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 POLICE CHIEF S REPORT Sullivan presented his report to the Council and gave an analysis of the statistics related to the 1993 Police activities. He introduced Lt. J. Marc Fritzler, who had submitted his resignation from the Police Department. Mayor Callahan expressed regret that Lt. Fritzler was leaving the Police Department and thanked him for his many years of dedicated service to the community. ZONING ADMLNISTRATOR’S REPORT (#4) #1901 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION N0.3415 Dick Putnam, Tandem Properties, stated they were requesting to remove Outlot A from the Preliminary Plat approval, because they had not been able to determine it’s status officially as to whether that parcel contained sacred ground. He had approached the Council of Indian Affairs, which was undergoing personnel changes, and had not been able to ^et them to make a determination. He requested that the Council delete Outlot A from the plat, and postpone action regarding the park dedication credit until review ot the second phase subdivision of 21 lots. He stated they would plat the easements for the internal trails, so that Outlot A will be connected to the trail system whether it’s determined to be a public park or internal open space for the development. Jabbour stated he was very uncomfortable allowing any development to occur until they knew exactly what ground was sacred ground. Putnam responded that they were having difficulty in getting someone to take an official position on that issue. Mayor Callahan noted that the State Highway Department had not taken a position regarding this site because no one could tell them whether the land was sacred, and he felt that the City should avoid making a determination regarding whether the land was a sacred site. Discussion ensued regarding the possibility of getting some agency to make a determination within a reasonable length of time, so that the development could proceed. Putnam commented that Outlot A was not required by the City’s park plan, but he felt they should receive credit for the dedication of the outlot against the park dedication fees. He noted that they had been informed that the land they had purchased for this development contained a site of historical significance, and they paid for that area along with the rest of the property. He felt they should not be charged park dedication fees on land they were going to dedicate as public property. Hurr inquired if the preliminary approval called out the proposed use of Outlot A and was the area of the park included in the determination of the park dedication fees. Mabusth responded affirmatively, and noted that the Council had given clear direction regarding the dedication of Outlot A as a public park and that the area would not be credited against the park dedication fee. Putnam commented he felt that the developers should be given credit CANUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#4) #1901 TANDEM PROPERTIES, 2645/3025 WATERTOWN ROAD - PRELIMINARY SUBDIVISION - RESOLUTION NO. (CONTINUED) for the three acres in Outlet A and should not be charged park dedication fees on land that would be public land. He stated that Mrs. Dickey had wanted the site protected and they believed that the Citv was the best agency to do that. Mayor Callahan noted that a homeowners association would have difficulty when people from outside the neighborhood wanted to visit the sacred site, and he believed the City was the proper agency to deal with that issue. Sherokee Use requested the Council to delay taking action to allow her to work with Mr. Putnam to resolve the issue of the sacred site in Outlot A. She noted that the first people who alter a sacred site are the people responsible to prove whether it is or is not a sacred site. If the City accepts the site then it will oecome the City’s responsibility to prove whether it is or is not sacred land. She felt this should be established prior to the City accepting the land Mayor Callahan stated he felt that some action needed to be taken because this issue had been discussed and no resolution appeared to be forthcoming in the near future. It was moved by Callahan, seconded by Kelley to deny the developer’s request and adhere to the decision made previously regarding the park dedication fees, except that the area included in Outlot A should not be included in the total value of the propeny for the computation of the park dedication fee. Ayes 3, nays 2. Jabbour stated he would not support the final subdivision until a final determination was made regarding the location of the sacred site on the property. (#5) ZONING AMENDME.NT - SECTION 10.56 SUBDIVISION 3, ORDINANCE 126, 2ND SERIES Goetten reviewed the staff report. It was moved by Callahan, seconded by Goetten to adopt Ordinance #126, 2nd Series, an ordinance amending Orono’s Zoning Code Section 10.56, Subd. 3, amending the definition of "Top of Bluff". Vote: 5 Ayes, 0 nays. (*#6) #1792 MINNETONKA POWER SQUADRON - CONDITIONAL USE PERMIT - RESOLUTION NO. 3416 It was moved by Goetten, seconded by Hurr, to adopt Resolution No. 3416 approving Conditional Use Permit #1792 for Minnetonka Power Squadron. Ayes 5, nays 0. i MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 19«M (•IT) MLNNETONKA POWER SQUADRON - 1994 JOINT USE DOCK LICENSE - RESOLUTION NO. 3418 It was moved by Goetten, seconded by Hurr to adopt Resolution No. 3418 issuing a 1994 Joint Use Dock License to the Minnetonka Power Squadron. Ayes 5, nays 0. MAYOR/COL^XIL REPORT Kelley stated he was very concerned about taking any action which would get the Department of Transportation involved, and he stated he was opposed to any development resulting from the proposal to anrxx property to the City of Wayzata which could increase the traffic on Highway 12. (#8) MNDOT AGREEMENT - OLD CRYSTAL BAY ROAD BRIDGE Gerhardson stated that MnDOT serves as the City’s agent to apply for the federal funds and the agreement needs to be updated. It was moved by Hurr. seconded by Goetten, to approve the agreement as submitted. Ayes 5. nays 0. lOJBUC INFOR.MATIONAL MEETING (#9) RECONSTRLCTION OF BROWTM ROAD NORTH Gustafson reviewed the plans for the reconstruction of Brown Road North using MSA (Minnesota State Aid) funds. He discussed the dimensions of the proposed street improvements and discussed the drainage areas that will be affected. He reviewed the tree replacement program which will replace trees lost during the construction. He noted that ninety-three percent (93%) of the costs for the reconstruction of the roadway will be reimbursed from MSA funds. He stated that if the Council approved the plans, construction could begin shortly, and would be completed next fall. He noted that they will need to acquire some temporary easements, which will be needed before construction can begin, and it may be that a few permanent easements will be needed once final roadway plans are developed. Jabbouf inquired if the parking were eliminated how much would that reduce the cost. Gustafson responded that he did not have those figures available. Gerhardson stated that different roadway widths were discussed during a work session and they would be able to eliminate the parking on one side and use no parking signs which would permit parking on one side of the roadway only. Kelley noted that they were considering the feasibility study only and that did not mean that the roadway would actually be reconstructed. Goetten inquired if the improvements would reduce the potential for accidents and Gerhardson responded that he did not have any statistics available on that issue. MINUTES OF THE REGULAR ORONO CITY COUNCH, MEETING HELD APRIL 25, 1994 (#9) RECONSTRUCTION OF BROWN ROAD NORTH (CONTINUED) Dennis Kirby. 1020 Brown Road, stated that he believed Brown Road homeowners would support a road that was 28 feet wide. Dennv Platteter, 809 Brown Road North, commented that elimination of four was"L^rect, ^ince vehicles were more than four feet wide. Gustatson minimum width they can make the road would be 28 since that is * ^ and it they don’t construct it to that width, they will not receive any MSA funding project. Gerhardson stated that the roadway is presently — tect xMOe. Georee Johnson 879 Brown Road, stated they had all signed a wide ^roadway He noted that he did not see cars parked along Brown “ . :"iaToccasion. He felt that the poking r"^ somethine done, but it does not need more traffic. He stated tna was developing the traffic would increase, and speed was a problem now. ‘"9“ «wer wouTd insulled when the roadway was upgraded. He also commented that he would like to see the bike path installed, as it was in Sugarwood. Jo Corneal 2101 Sugarwood. stated that presently the road was very durS winler Lnths when everyone would drive down the center of the^ She felt Callahan commented it is not yet known how that intersection will be configured. Tom Lane 915 Brown Road, stated that the widening of the road will bring the a|J^ how it impacts adjacent properties. Mr Schulta 744 Brown Road, stated he supported the upgrading of the roadway bu^M Mr. Schultz. /M mown IV . ^ ^ plans. Joe Lucas, 1060 North Brown Road, stated he supported upgrading the roadway but was opposed to the parking lane. I MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#9) RECONSTRUCTION OF BROWTS' ROAD NORTH (CONTINUED) Dale Lindquist, 780 Brown Road, concurred with Mr. Lucas. Irma Alvord, 960 Brown Road, also concurred. Charles Schroeder stated he supported the upgrade for the roadway, without a parking lane, and he felt that the bike path should be narrower than the 8’ suggested to keep the road narrow and solve problems. He suggested that perhaps the roadway could be constructed as a rural section rather than an urban section to reduce costs. Carolyn Parrish, 1995 West Farm Road, stated she supported the upgrade, but was opposed to the parking lane. Dennis Platteter inquired if there would be any special assessments to homeowners resulting from the roadway upgrade. Mayor Callahan responded that only 93% of the funds would be reimbursed from MSA funds, and the remainder ot the money would have to be acquired from other sources. Mayor Callahan closed the public meeting. Goetten commented she felt that a feasibility study should be done to pull some concrete figures together. Kelley stated that he was opposed to placing no parking signs all along the roadway. Goetten requested people to keep the easement money requests lower, which would in return reduce the roadway costs, particularly for temporary easements. It was moved by Goetten, seconded by Jabbour, to direct staff to prepare plans and specifications and advertise for bids for a 28’ residential design road with a bike path. Ayes 5, nays 0. CITY ADMINISTRATOR’S REPORT 0^10) CITY OF WAVZATA PUBLIC WORKS FACILITY Robert Gisvold, Mayor of Wayzata, reviewed their proposal to construct a new public works facility on land currently located in Orono. He described the proposed location and the sight lines from adjacent properties. He discussed the present situation in Wayzata and outlined the reasons why they need the new facility where they can have everyone under one roof. He stated the proposed site is owned by the City of Wayzata but is located within the municipality of Orono. They proposed that the land be annexed into the City of Wayzata, and in return there are some parcels of land in Wayzata, which should probably be annexed by Orono. He noted that the land they own is non-taxable, so Orono will not lose any tax revenues by allowing it to be annexed into Wayzata. Mayor Gisvold stated there would be approximately 15 vehicles entering and leaving the facility in the morning and evening hours, but because the work day began earlier and ended earlier than rush hour traffic, he did not believe it would create a problem in this location. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#10) CITY OF WAYZATA PUBLIC WORKS FACILITY (CONTINUED) He did not believe that there would be any significant increase in the traffic levels, and certainly not enough to warrant a signal at this location. Gisvold stated that they had been approached by both Orono and Wayzata Hockey Association regarding the possibility of locating an ice arena on the site which would be used for practice only; there would not be any games scheduled, and thus there would not be any spectators. He noted that it was not a package deal, but was something to be considered for part of the site, since the public works facility would not utilize the entire area. Kelley inquired if sewer was available for the property and Gisvold responded that they would prefer to use a septic system to keep the costs down. The Wayzata City Engineer stated they have not done a study nor investigated whether the building would be sprinklered He stated they may be able to connect to the sewer in the vicinity and that option will be explored. Kelley stated he would be opposed to the project if they have to install a semaphore signal at the intersection because he drove that way every day and traffic was backed up now . Goetten commented that it was too bad that there could not be joint facilities shared between the two neighboring cities to keep costs down. Gisvold responded that had been discussed, but Orono felt that Wayzata's proposed location was not suitable for Orono ’s needs. He noted that if a stop light is installed it will be paid for by the City of Wayzata. Jabbour commented that he was present when the public works facility was initially proposed by the City of Wayzata and he thanked them for not proceeding with the annexation process at that time, which could have been done. He felt that the plan proposed was a good one and if they annexed the land into Wayzata, then the problems with the sewer/septic system would become theirs. Discussion ensued regarding the total acreage the City of Wayzata wished to acquire, and it was believed to be five acres. The proposed parcels to be transferred to Orono were discussed. Discussion ensued regarding the traffic levels on Highway 12 and the addition of traffic signals to Highway 12. Hurr inquired if they were considering a joint hockey facility between Wayzata and Orono and Gisvold responded that they arc thinking about it. The design of the proposed building was discussed. Mayor Callahan commented he believed the public works facility idea was a good one, and he felt that staff should work with the City of Wayzata to determine which properties would be involved in annexation trade-offs and resolve the issues and concerns related to the proposal. 8 •I MIMJTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (#10) CITY OF WAYZATA PUBLIC WORKS FACILITY (CONTINUED) It was moved by Jabbour, seconded by Goetten, to direct staff to work with Lbe City of Wayzata to develop a plan addressing the concerns discussed and the annexation and trade­ offs. Mayor Callahan moved to amend, Jabbour seconded, to table the item until staff can submit a report detailing the proposal. Ayes 5, nays 0. (#11) 1994 BOARD OF REVIEW MEETING The 1994 Board of Review Meeting is scheduled for April 28, 1994 at 7:00 p.m. (#12) SCHOOL LIAISON OEHCER Moorse rev iewed the staff report regarding the employment of a part-time police officer as the school liaison officer. Hurr was concerned about the salaiy requirements for the part- time officer, and the potential for unemployment benefits having to be paid if the program terminated. Sullivan responded that the officer was a part-time police officer, and there was no limit on the hours required for that designation; therefore if the school liaison program were to end, the officer could be returned to part-time status, with fewer hours, and the issue of unemployment would be avoided. Hurr commented she was concerned about the wording in item #2, and Moorse responded that the phrase "based on estimated City costs" would address her concern and clarify the language. It was moved by Callahan, seconded by Kelley, to conceptually approve the agreement, subject to review by the City Attorney. Ayes 5, nays 0. (*#13)PURCHASE OF FAIRWAY MOWER FOR GOLF COLUSE It was moved by Goetten, seconded by Hurr, to authorize the purchase of the Steiner Model 420 tractor/mower from Land Care Equipment in the amount of $24,580.00, including tax and trade. Ayes 5, nays 0. (*#14)DAVID MAASS ART WORK DONATION It was moved by Goetten, seconded by Hurr, to accept the donation of the wild life print from David Maass, and to follow through to prepare the print and the small plaque for display in the Council Chambers lobby area. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETINGHELD APRIL 25, 1994 (#15) STEP ADJUSTMENT - OFFICE DAVID MCNICHOLS Moorse reviewed the staff report. ll was moved by Mayor Callahan, seconded by Goeiien. lo increase (Mcer McNichols' salary from S16.944 per hour to $18,825 per hour as of March 16. 1994. as per the 1994 LELS contract currently in effect. Ayes 5, nays 0. (#16) .MICHAEL CARLSON P.E.R.A. CONTRIBUTION - RESOLUTION NO. 3417 It was moved by Mayor Callahan, seconded by Jabbour. to adopt Resolution N®-“ declare chat the part-time position heid by Michael Carlson U that of a Police Officer. Ayes 5, nays 0. #17) 1993 BUDGET ADJUSTMENTS It was moved by Mayor Callahan, seconded by Hurr. to table this item. Ayes 5, nays 0. (#18) RESIGNATION OF LT J. MARC FRITZLER It was mov'ed by Hurr, seconded by Jabbour. to continue discussion of this item to a work session. Ayes 5, nays 0. (•#19) LICENSES Hurr moved. Jabbour seconded, to reconsider this item. Ayes 5, nays 0. Hurr requested that the home occupation license for Russell A. Norum be removed from the agenda because the property has a sign, which she believed was not permitted. It was moved by Jabbour. seconded by Hurr to approve the following licenses: Commercial Kennel License Septic System Installers The Dog House Boarding Kennels, Inc, Brian Fulmer 3505 Wayzata Boulevard McCarty Water & Waste, Inc. Maple Plain Ingleside Eng. & Const. Inc. Loretto Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD APRIL 25, 1994 (•#20)BU.LS It was moved by Goetten, seconded by Huir, to approve payment of the All Funds Account. Ayes 5, nays 0. ADJOLTLNMENT The meeting was adjourned at 10:55 p.m. / Edward J. ^allahan Jr., Mayor^ / rolhy iTallin, City Clerk REQUEST FOR COUNCIL ACTION DATE: ITEM NO: ^V Department Approval: Name Ron Moorsc Title Citv Administrator Administrator Reviewed: Item Description: Tandem Properties Development Agenda Section: City Administrator ’s Repon Attachments: Jeanne Mabusth ’s Packet of Information Staff has met with Dick Putnam of Tandem Properties to discuss the direction prov ided by the Council regarding the subdivision application. He is in agreement with each of the dements of the Council ’s action except the retjuirement that Outlet A be dedicated to the City for park land without a credit toward the park dedication fee. Mr. Putnam has expressed concern with the requirement that the Outlot A be dedicated as park land but not credited toward the park dedication is contrary to the City’s park dedication ordinance. The ordinance indicates the City may require the dedication of land or cash in lieu of land. It does not provide for the City to both obtain land and receive a park dedication fee for the same land. It is staffs understanding that the reason the Council is requesting the dedication of Outlot A as park land is due to the parcel being a sacred site, rather than for general park use. Mr. Putnam of Tandem properties has indicated that Mrs. Dickey has identified the actual sacred land site as a relatively small area, approximately 1/2 acre in size nea. the crest of the hill on Outlot A. MnDOT has indicated they are no longer pursuing the sacred land issue because now that th ’. p tentia! sacred land area has been reduced to the 3 acre parcel is no longer of suffic itr sjznificance to MnDOT. The developer is now responsible for resolving the sacred site issue. Based on the relatively minor extent of the sacred land area, the City may want to consider the extent to which the site shouk ’ be preserved and the extent to which it should be available to the public. The developer has suggested three options for the Council to consider: 1. The developer dedicates the land to the City as public park and receives a credit for this land against the park dedication fee. 2.The Outlot is retained as part of the subdivision, but as a private open space area to be used and maintained by the homeowners association. The developer then would pay the park fee related to the property. Request for Couocil Action Tandem Properties April 21, 1994 page 2 3.Develop Outlot A as a residential lot with restrict! ns placed on the area within the lot determined to be sacred land. The developer has requested that Outlot A be removed from Phase 1 ol the subdivision and put into Phase 2 to provide an opportunity for further consideration of the park land and sacred land issues. Staff has prepared two resolutions for Council consideration. The first reflects the direction provided by Council at the April 11 meeting. The second resolution is similar, with the e.xception that it reflects the developer ’s request to remove Outlot A from Phase 1 of the proposed subdivision, and so does not address the issues related to Outlot A. COUNCIL ACTION REQUESTED: Motion to adopt a resolution approving the Tandem Properties subdivision To: From: Date: Subject: Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator April 22, 1994 #1901 Tandem Prcpenies/Peter Andrea Company - 2645/3025 Watertown Road Preliminarv Subdivision - Amendment of Resolution List of Exhibits A - Tandem Properties Letter of April 21, 1994 B - Option 1 Resolution Approving Plat C - Option 2 Resolution Approving Plat Per our meeting of Wednesday. April 20. Richard Putnam has submitted a written request seeking to delete Outlot A, the three-acre park outlot located within the Dickey property trom the first phase division. As discussed, it is the obligation now of the subdivider to det'.rmine the historic significance of the property as Mn/DOT no longer views the ihree-acrp area as warranting special consideration. Putnam has begun the review process with the Bureau of Indian Affairs providing all written documentation collected by Pat Dickey over the years. It is the subdivider’s hope to seek final resolve of the sacred land issue within the next two months. Subdivider asks to delay all consideration of the parcel until this matter is resdved and asks that the three-acre property be included within the second phase division. At your request, I have developed two resolutions. Option 1 incorporates the final directives of the Council at their meeting of March 14. Option 2 incorporates the final request of subdivider deleting Outlot A from inclusion within the first phase subdivision. Note the total area adjustment has been made, page 1 (Item 2) and Condition 10 has been amended for both options dealing with the park outlot. Both Options I and 2 incorporate the original recommendation of the Council dealing with the interior trails and the crediting of the cost of constructing the Old Crystal Bay Road bike trail and credit of area of the bike trail against the park dedication fee. At Council’s request, both the surveyor and the City Engineer have considered the cost of construction of the bike trail. It has been determined that an 8 ’ wide paved trail will cost $20 a foot. The bike trail at a 1,546 lineal foot length is estimated to cost $30,920. The surveyor is determining the area of the bike trail. TANDEM PROPERTIES James L. Osienaon Richard A. Putnam BROKERS • FLANSERS • DEVELOFERS > •• V Mayor and City Council City of Orono 2780 Kelly Parkway Orono, Minnesota April 21, 1994 Re: Outlot A Dickey Parcel Dear Mayor Callahan and Council Members, sufficient time will be provided to resolve this complex issue. We respectfuUy ask the Orono City CouncU to approve the Dickey Parcel plat deleting OuUot A from the 1st phase. Thank you for your consideration. Sincerely, Richard A. Putnam Orono Limited Partnership cc. P. Dickey J. Stately, Council Indian Affairs -A 2765 Casco Point Road • Wayzata. Minnesota 55391 • Office* Fax (612) 471-0573 , • _ _ 7808 Creekridge Circle • Suite 310 • Bloomington, Minnesou 55439 • Office (612)941-7805 • Fax(6 ) L_ Option 1 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIAISION 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 described as: Outlot A, Countrv'side Manor 2nd Addition, and Tract A, R.L.S. No. 1089, Hennepin County, Minnesota (hereinafter "the property ”); and WHEREAS, after due published and mailed uui.ww in accordance with Minnesota Statutes 462.358 et. seq. 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 alfpersons desiring to be heard concerning this application were given the oppormmty to speak thereon; and WHEREAS, at their regular meeting held on March 14, 1954, the Orono City Council considered the subdivision application of the subdividers noting the following findings of fact; 1.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. 2.The property contains a total of approximately 68.23 acre;, with approximately 10 acres of designated wetland and retention/treatment areas. 3.The proposed plat consists of twenty-five residential lots, each meeting the minimum requirement of two acres of dry buildable area. Page 1 of 9 4. 5. 6. 7. 8. All lots meet the staiKlards of the RR-IB Zoning District. All ns-enty-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 Drive shall be planed as a through road and dedicated to the public. There shall be a temporar)’ cul-de-sac installed to the east side ot 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 properties. The City has determiiKd that an extension outlet tor the private road in the first phase division of the Cotfin property 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: Applicant is able to meet 150% of the area and setback standards required for backlots. a. b.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 10. • Extended roadway or loop road would impact existing residence on Cygnet PUce with additional noise and headlights from private road use. 9, The City cranls a variance to the 26 ’ setback for certain grading and drainage improvements adjacent to a protected wetland w ithin Lot 1 , Block 1 ot the Collin property division based on the following tindings; a. The proposed improvement would be consistent with the objectives of encouraging land uses compatible with the preservation of natural 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. 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 findincs 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. Countryside 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-d.. 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 outlet and recognized as a private road. The City is to obtain underlying road and utility easements over outlet. The developer shall develop private covenants for the maintenance of private road and public road to be maintained by private property owners. Page 3 of 9 2. 3. 5. 6. 7. 8. The subdividers shall be responsible for installing an 8 ’ wide bike trail along the east side of Old Cr>'stal Bay Road as shown on plans dratted by Mark Gronberg of Coffin & Gronberg, Inc., Job No. 93-411 dated March 31, 1994. The City shall adjust the park dedication fee to reflect the subdivider’s cost for constructing the trail and for the area oi the 1,546’ long bike trail. Dedication of drainage and utility easements 5’ along all interior lot lines and 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 natural groundcover is restored. Prior to site grading improvements all tested septic sites on the Coffin property must be fenck off and the following lots in the first phase development of the Dickey property must be fenced off: Lots 1-6, Block 1 Lots 3-7, Block 2 Drainfields on Lots 1 and 3, Block 1 to be moved 5’ to east to allow for adeqiwte separation from future 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 Page 4 of 9 12. 13. The following lots will be involved with w'etlands 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. The developer shall create covenants to be tiled on Chain 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 future 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 propeny. Lots 1 , 2, 7, 8 and 9 of the first phase division of the Coffin property have protected wetlands. Outlot A, Dickey property, the three-acre park outlot to remain as park whether there is historical significance or not and shall be dedicated to the public. The area of the park outlot shall not be credited against the park dedication fee. The internal trails within the Dickey property providing access to DNR park and Luce Line shall be dedicated to the public. The internal trails within the Coffin property shall remain private. The areas of the interior trails shall be excluded from the lot areas of each adjacent or contiguous lot. The City shall not credit the area of these trails against the park dedication fee. 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. Page 5 of 9 16. The park dedication fee for the first phase subdivision of $77,351.00 shall be adjusted to reflect the cost of construction of bike trail on east side of Old Cr\ stal Bay Road The estimated cost of constructing bike trail is $30,920 (1,546 x $■>0 00 per foot). The area of the trail shall be determined by subdivider s surveyor so that an additional reduction can be made to park dedication tee. Applicant to execute Developer’s Agreement to ensure all grading/drainage improvements and 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. Per DNR report of 2/17/94, the DNR must approve all plans and specifications prior to any construction taking place. The following improvements will be required by the DNR: Cleaning/upgrading of existing ditch that runs along the Luce Line adjacent to Coffin property. Replacing existing 18" culvert which is in disrepair. Applicant proposes 12" culvert at north end and 18" at southern end. a. b. c. d. Placing a new culvert under the horse trail in the area by the pond south of the Dickey property. Install a second higher culvert through Luce Line adjacent to Coffin property to 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 Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays ot the month. These submittals are as follows: Page 6 of 9 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) araJ one (1) copy reduced to 1" = 200’. Drawing to include: A. l ot 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 Item 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 outlot and Countryside Drive as public road. E. Dedication of Outlot A as public park. F. Dedication and designation of drainage easements over all protected wetlands within first phase plat. G. 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. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed and e.xecuted Drainage Easements to be taken over detention areas within plat (see sample enclosed). D. Signed and executed Developer ’s Agreement and Letter of Credit for site improvements and construction of private and public roads, (see enclosed sample of Developer ’s Agreement and Letter of Credit) Page 7 of 9 E. Signed and executed Road and Utility Easements over private road outlot within Coffin property. Applicant to also create temporary road and utility casement over cul-de-sac areas within Countryside Drive not included within 50’ private road. F. Signed and executed Declaration of Private Covenants covering upkeep and maintenance of private roads, public cul-de-sac road and drainage facilities. G. 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). H. Completed private covenant for lots involved with protected wetlands not included within conservation maps of City and mitigation areas. The covenants should include map and metes and bounds descriptions. Covenants should be in a form suitable for filing. 3. Fees to be paid: Total due: $375.00*'*" A. Final plat fee = $175.00 B. Legal review and filing fees or 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. Payment of adjusted park fee (total fee at $77.351.00) reflecting deduction for construction cost ($30,920.00) of bike trail and area of trail. Page 8 of 9 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 25th day of April, 1994. ATIEST: 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 25th day of April, 1994, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor «Sc 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 I Option 2 A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION FOR PROPERTIES LOCATED AT 2645 AND 3025 WATERTOWN ROAD - FILE NO. 1901 WHEREAS, Tandem Propenies 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 described as: Outlot A, Countryside f *anor 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. seq. and the City of Orono ’s Zoning and Subdivision Codes, the Orono Planning Commission held public hearings on January 18,1994 and Februaiy' 22, 1994, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on March 14, 1994, the Orono City Council considered the subdivision applica.ion of the subdividers noting the following findings of fact: 1.The properties are located A^ithin the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres ot contiguous dry buildable land within each newly creaied lot. 2.The property contains a total of approximately 65.23 acres, with approximately 10 acres of designated wetlsnd and retention/treatment areas. 3.The proposed plat consists of twenty-five residential lots, each meeting the minimum requirement of two acres of dry buildable area. F age 1 of 9 4. 5. 6. n t 8 All lots meet the standards of the RR-IB Zoning District. 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 Drive shall be platted as a through road and dedicated to the public. There shall be a temporary 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 properties. The City has determined that an extension outlot for the private road in the first phase division of the Coffin property 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; Applicant is able to meet 150% of the area and setb -k standards requhed for backlots. a. b.The alternative of providing iccess to an extended road corridor or loop load would have the following negative impacts; • Lx)ss of mature trees providing screening for existing development to west and maintaining natural amenities for ftimre residential development of surrounding area. • Road extension or a loop 'oad 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 9. Extended roadway or loop road would impact existing residence on Cygnet Place with additional noise and headlights from private roa£' v-sc. a. The City grants a variance to the 26 ’ setback for certain grading and drainap improvements adjacent to a protected wetland within Lot 1, Block 1 ot the Coltin property division based on the following findings: The proposed improvement would be consistent with the objectives of encouraging land uses compatible with the preservation of narural landforms, vegetation and the marshes and wetlands. b. The proposal does involve development of land and water areas essential to continue the temporary withholding of rapid runoff ot surtace water which would create downstream flooding or pollution. 10. The City has based preliminary' approval ot this plat on applicant s engineer and the City engineer ’s reports and findings confirming that drainage trom 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 Countryside Drive shall be platted as a through road connecting to . a Crystal Bay Road. The roadway shall be dedicated on the plat. 1 he developer shall grant easements over temporary cul-de-sac areas not located within 50 road right-ot- way. Countryside Drive shall continue to be maintained by benefitting private property owners until road is approved tor public maintenance and constructed as a through road. Cul-de-sac road within first phase of Cottin property subdivision shall be shown as an outlot and recognized as a private road. Ihe City is to obtain underlying road and utility easements over outlot. The developer shall velop private covenants for the maintenance of private road and public road t(» be maintained by private property owners. Page 3 of 9 I 2. 7 8 The subdividers shall be responsible for installing an 8 ’ wide bike trail along the east side of Old Cry stal Bay Road as shown on plans drafted by Mark Gronberg of Coffin & Gronberg, Inc., Job No. 93-411 dated March 31, 1994. The City shall adjust the park dedication fee to retlect the subdivider’s cost for constructing the trail and for the area ot the 1,546 long bike trail. Dedication of drainage and utility casements along all interior lot lines and 10 ’ along the perimeter boundaries and adjacett to road.rights-ol-way. Prior to any site improvements, erosion control as shewn on preliminary grading and drainage plans must be installed and maintained until natural groundcover is restored. Prior to site grading improvements all tested septic sites on the Coftm property must be fenced off and the following lots in the first phase development of the Dickey property must be fenced off: Lots 1-6, Block 1 Lots 3-7, Block 2 Drainfields on Lots 1 and 3, Block 1 to be moved 5’ to east to allow for adequate separation from future 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 l>ot 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 Page 4 of 9 II. 12. 13. The follow^’ig 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. The developer shall create covenants to be filed on Chain of Titles of these properties advising funire 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 permits from the City. Applicant shall provide mapping and metes and Inrands 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. The subdivider has submitted a written request asking to amend the preliminary plan of the Dickey property. They request that Outlot A, the park outloi, be deleted from the first phase subdivision and to incorporate the park outlot in the second phase division. The subdivider notes the uncertainty surrounding the status of the site should be resolved before platting is finalized. The internal trails within the Dickey property providing access to DNR park and Luce Line shall be dedicated to the public. The internal trails within the Coffin property shall remain private. The areas of the interior trails shall be excluded from the lot areas of each adjacent or contiguous lot. The City shall not credit the area of these trails against the park dedication fee. 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. Page 5 of 9 16. The park dedication fee for the first phase subdivision of $74,IP.00 shall be adjusted to reflect the cost of construction ot bike trail on east side of Old Cr> stal Bay Road. The estimated cost of constructing bike trail is $30,920.00 0.546* x $20.00 per foot). The area of the trail shjll be determined by subdivider’s surveyor so that an additional reduction can be made to park dedication fee. Applicant to execute Developer's Agreement to ensure all grading/drainage improvements and 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 Citv is in receipt of final grading and road plans. No improvements can' begin until City Engineer has approved all alteratioa/improvement plans. A Letter of Credit must accompany a fully executed Developer’s Agreement written to 150% of the cost ot the proposed road and site improvements. No building permits will be issued until all drainage facilities have been installed and approved and satisfactc.7 road base completed. Per DNR report of 2/17/94, the DNR must approve all plans and specifications prior to any construction taking place. The following improvements will be required by the DNR: a. Cleaniiig/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 north end and 18" at southern end. c.Placing a new culvert under the horse trail in the area by the pond south of the Dickey property. d. Install a second higher culvert through Luce Line adjacent to Coffin property to 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 Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: Page 6 of 9 1. 2. 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 preliminaiy survey by Mark S. Gronherg of Coffin and Gronbcrg. Inc. dated 12-1-93. most revised date 3-3-94. B. Dedication of "drainage and utility easements" as noted in Item 2 above. C. Designation and dedication of drainage easements over detention areas within I. Ji the Dickey and Coffin parcels. D. Desienation of private road as outlot and Countrvside Drive as public road. 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. B. The applicant must provide certified copies of all recorded easements ctirrenth affecting the property. C. Signed and executed Drainage Easements to be taken over detention areas within plat (see sample enclosed). D. Signed and executed Developer ’s Agreement and Letter of Credit for site improvements and construction of private and public roads, (see enclosed sample of Developer ’s Agreement and Letter of Credit) Page 7 of 9 3. i E.Sioned and «ecmcd Road and Utility Easomenta over pnvate road ou lo wdhin Coffin property. Applicant to also ci.-ate temporary road and utlmy easement over cul-de-sac areas w.thin Countrys.de Dnve no. included within 50’ private road. F.Signed and executed Declaration of Private Covc*nants covering upkeep ai^ maintenance of private roads, public cul-de-sac road and drainage facilities. Completed application for private road name on Coffm property (see sample of private road covenant enclosed). Please note the selection o STroL name is a separate action of the Council and should be submitted as soon as applicant has completed die sc'ection of three name choices (see sample enclosed). Completed private covenant for lots involved with protected wetlands not included within conservation maps cf City and mitigation areas, covenants should include map and metes and bounds descriptions. Covenants should be in a form suitable tor filmg. Fees to be paid: Total due: $375 A. B. Final plat fee - $175.00 Legal review aid filing fees for subdivision and associated documents $200.00 Applicant mt st complete payment for private and public road fees^ Applicant is .0 contact Zoning Administrator for payment of first phase development concerning road improvements. Paymer. of adjusted park fee (toutl fee a. $74.110.00) reflecting deduction for construction cost ($30,920.00) of bike trail and area of trail. Page 8 of 9 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 25th day of April, 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 25th day of April, 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 REQUEST FOR COUNCIL ACTION DATE: 4/21/94 ITEM NO.: % % Department Approfal: Name Michael P. Gaffron Title Asst. Planning S^ Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Proposed Amendment to Section 10.56 - "Top of Bluff" Definition Ordinance Adoption List of Exhibits A - Proposed Ordinance B - DNR Approval 4/21/94 C - Memo aiKl Exhibits of 4/12/94 This IS the ordinance to amend the definition of "Top of Bluff" within the Shoreland Regulations, Section 10.56. Subd. 3. The Planning Commission held a public hearing on this matter at its April 18th meeting pursuant to proper published legal notice. The few public comments received were generally in support of the amendment. Planning Commission voted 6-0 to recommend approval of the proposed ordinance amendment. The DNR has indicated their approval of the wording per the attached letter. Staff Recommendation Staff recommends approval per the ordinance attached as Exhibit A. Proposed Motion: Moved by , seconded by , to adopt Ordinance it____, 2nd Series, an ordinance amending Orono ’s Zoning Code .Section 10.56, Subd. 3, amending the definition of "Top of Bluff". Vote: _____ayes,______nays. ORDINANCE NO., SECOND SERIES THE ORONO CITY COUNCIL HEREBY ORDAINS: SECTION 1. Orono Municipal Zoning Code. Section 10.56, Subdivision 3, definition 2 "Bluff" is amended as follows: 2. "Bluff" - A topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18% over a distance of 50’ or more shall not be considered part of the blufO: A. Part or all of the feature is located in a shorelarel area; B. The slope rises at least 25’ above the Ordinary High Water Level of the water body; C. The grade of the slope from the toe of the blutt to a point 25 or more above the Ordinaiy High Water Level averages 30% or greater; and D. The slope must drain toward the water body. 2(a). "Toe of the bluff '- "Bluff, toe of the" - The means the lower point of a 50’ segment with an average slope exceeding 18%. "Top bluff" meana the higher point of Q 50’ segment wiA an average slope exceeding 2(M. "Bluff, ton of the" - That point on the cross-section of a bluff below which rhP becomes more than 18% and above which the average $lope for a distance^ 50’ or more is 18% or less._ SECTION 2. Adoption and Publication Period. This ordinance shall be published in the Pioneer and the Uker newspapers and shall become effective immediately upon publication. Adopted by the City Council of Orono. Minnesota on this 25th day of April, 1994, by a vote of_ayes and _ nays. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hall in. City Clerk phone no }f^ STATE Of .DEPARTMENT OF NATURAL RESOURCES HIItrO waters - 1200 WARNER HOAD, ST. PAUL. MH 5S106 ^ ^ ^ ^ FlLfe NO.772-7910 M April 21, 1994 Mr. Mika Gaffron City of Orono P.O. Box 66 crystal Bay, Mlnnaaota 55323 R£:REVISED BLUFF DEFINITION, CITY OF ORONO, HENNEPIN COUNTY Daar Mr. Gaffrcir: your proposed redefinition to be acceptable. unless there is a substantive change in the proposed language during the public hearing process, I do not plan to comment further. Please forward a copy of the amended ordinance and the effective date, after the city adopts the amended definition. Please contact me at 772-7910 should you have further questions regarding this matter. Sincerely, 3U—^ Ceil Strauss Area Hydrologist c: Ed Fick, Shoreland Hydrologist city of Orono shoreland file AN EQUAL OPPORTUNITY EMPLOYER TO:Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE;April 12, 1994 SUBJECT: Proposed Amendment - "Top of BlufP Definition - Public Hearing List of Exhibits A - ProfKJsed Ordinance B - 3/29/94 Lener to DNR C - Memo and Exhibits of 3/24/94 This is a public hearing to consider a proposed amendment to the definition of "top ot blufi The current definition is as follows: "Top of the bluff means the higher point of a 50’ segment with an average slope exceeding 18%. The proposed definition is: "Top of the bluff" means that point on the cross section of a bluff below which the slope becomes more than 18% and above which the average slope for a distance of 50’ or more is 18% or less. The reasons and rationale for this proposed amendment are contained in the March 29, 1994 letter to Ceil Strauss of the DNR, and in the memo and exhibits to Council of March 24, 1994. Briefly, the definition of "top of bluff" is used foi determining the point at which bluff protection setbacks are measured. The current definition can result in a setback of un to 70’-80 ’ from what a rational person would consider the "top" or shoulder of the bluff. The DNR suggested a "common sense definition" which staff rejects on the basis that it is quite subjective and not defensible. The prop<\'. a definition developed by staff uses 18% slope as the break point between land that is blufi and that which is not a bluff. Staff Recommendation Please review uiC attached exhibits. Staff recommends approval of the proposed definition amendment. ch / ❖ CITYof OROXO Municipal Offices Street Address: 2750 Kelley ParHway Orono. MN 55356 Mailing Address: P.O. Box 66 Cfystal Bay. MN 55323 0066 March 29, 1994 Ceil Strauss Minnesota Department of Natural Resources Metro Waters 1200 Warner Road St. Paul, MN 55106 RE: Bluff Definition Dear Ms. Strauss: We have reviewed your aiicmative version (or "common sense" version) of tlic toe and top of bluff definitions which you forwarded in your February 18, 1994 letter. While the "common sense" definitions may have their place, we doubt they are defensible in court if a resident was to disagree with the inspector ’s determination. Further, because the "top of bluff" is a critical element in determining a line from which to measure a setback, that line must be so defined such that anyone armed with a topographic survey will consistently define the same line as anyone else with the same information. The technical definition for "top of bluff" solves these problems, but creates another. While the intent of the code suggested by your common sense definition places "top of the bluff" at the obvious break in slope where a steep drop-off occurs, the technical definition for that same situation defines "top of bluff" at a point nearly 50’ back from the obvious break. Adding the required 30’ setback, a strucmre could be as much as 75-80’ back from the obvious top, clearly no. the DNR’s intent (wish, perhaps, but not intent!). The definitions of "toe" and "top" do not necessarily have to use complementary definitions, since they are defined for two different purposes. "Toe of the bluff" is used merely to determine whether a bluff exists. "Top of the blufr is used solely to determine the point from which setbacks are measured. Clearly, the definition of "top of bluff" has a greater concern to the homeowner. Additionally, the impacts we are concerned about are generally witlun above the bluff, not so much at the base (where the results of protection or non-protection of the bluff eventually manifest themselves). Telephone (612) 473-7357 • FAX 473-0510 Ceil Strauss March 29, 1994 Page 2 Proposed Redefinition of "Too of BlufC The following facts and premises seem critical to us in the discussion of bluffs: • "Steep slopes" are those exceeding 12%. • DNR has chosen 30% as the slope that defines a bluff. • DNR has chosen a 50’ segment of slope less than 18% as not being part of a bluff, and has used slopes of 18% or more for 50’ segments that define the lower and upper points of a bluff. • Clearly, DNR feels that 18% is a key slope percentage, above which we should be concerned about the impacts of very steep slopes, as opposed to those steep slopes of 12-18% which are of somewhat lesser concern. We propose to redefine the "top of bluff" as "that point on the cross-section of a bluff below which the slope becomes more than 18% and above which the average slope for a distance of 50’ or more is 18% or less". This 18% "breakpoint" can be easily defined using st^dard 2’ contour topographic maps which the City has readily available. Actual field topographic survey work by an applicant’s licensed surveyor would also be accepted. The intent of having slope average 18% or less for distance of 50 is consistent with the exception for buildable area in a mid-bluff setting already in the DNR regulations. While the proposed definition may ultimately be found to have its flaws, we feel that it meets the DNR’s intent for bluff protection, results in a more consistent and reproducible "top of bluff" determination, and yields a quantifiable facsimile of the "common sense" definition. We would appreciate if you could give this definition your consideration, and advise us if you find it acceptable. This revision is scheduled for a public hearing at the April 18 Planning Commission meeting. As always, please contact me at 473-7357 if you have questions. Sincerely, Michael P. Gaffron Assistant Planning & Zoning Administrator MPG/lsv cc: Jeanne A. Mabusth, Building & Zoning Administrator Ron Moorse, City Administrator REQUEST FOR COUNCIL ACTION DATE: March 24, 1994 ITEM NO.: Department Approval: Name Michael P. Gaffton Title Assistant Planning & Zoning Admimstrator Administrator Reviewed: i / Item Description: Bluff Issues - Request to DNR Agenda Section: Zoning List of Exhibits A - Proposed Letter to DNR B - Five Sketches Defining Bluff Issues C - "Blufr Sections of Shoreland Ordinance D - DNR Letter 2-18-94 Administering the bluff protection regulations of the Shoreland Ordinance is proving to be challenging. Over the winter, staff took a closer look at the actual language which DNR drafted and which we adopted as they required. We have had numerous discussions with DNR staff in the last two months regarding the intent of their rules as well as applying their definitions to real life situations. In implementing the bluff protection regulations as currently written, staff has found that the current definition of "top of bluff" can result in structural setbacks that are much greater than needed for the protection of the bluff. This can have a substantial impact on the buildability of a lot. In response to concerns raised by staff, the DNR has suggested using a "common sense" definition of "top of blufr vs. the "technical" definition currently in the regulations (see sketches 2 and 3). But the "common sense" location often varies with the eye of the beholder, and may not be defensible if an applicant disagrees with the inspector’s determination. The avtached draft letter to DNR addresses the specific issue of defining "top of blufr. Preliminary indications are that they will accept our revised definition. We think this will allow a consistent and fair determination of the point from which to measure the 30’ structural setback from "tep of bluff". It is not unreasonable to protect our bluffs, as we learned from the amount of da^ge caused by the 1987 super-storm. However, one additional potential issue not addressed in the attached letter is how to deal with additions to existing struemres that currently don’t meet bluff protection requirements. Staff is considering how these might be addressed through performance standards rather than the variance procedure, and will advise Council when we formulate something we think might be workable. Unless Council directs otherwise, staff will forward the attached letter to DNR and await their response. ^ subd. -3. Definitifili T^ e»l^U Pp:^" *'snni^ Ci^«2^*0 2 "Bluff" ” A topographic feature such as a hillr cliff, or embantaent having the following characteristics (an area Sit”;n“r«a5e slop, of less than 18% over a distance of 50- or more shall not be considered part of the bluff}: A. Part or all of the feature is located in a shore3 ■»nd area; B. The slope rises at least 25’ above the Ordinary High Water Level of the water body; C The grade of the slope from the toe of the bluff to a point 25’ or more above the Ordinary High Water Level averages 30% or greater; and D. The slope must drain toward the water body. "Toe of the bluff" means the lower point of a 50 ’ segment with an average slope exceeding 18%. "Top of the bluff" mf^ns the higher ooint of a 50 ’ segment with an average slope exceeding 181. 3. "Bluff Impact Zone" - A bluff and land located within 20 ’ from the top of a bluff. 26 "Steep Slope" - Lands having average 18%; =r "more, that are not bluffs. Be (S) The lSqSirMfn^^t^f^^3?Tn^Ch^Jt^J^Tri?rThe oviSiSI districts. In case of conflict, the most restrictive provision applies. C. Placement of Structures on Lots. When more than one setbatS^applies to a site, structures and facilities be located to meet all setbacks. Structures shall be located as follows: 2. Additional structure setbacks. The following additional* structure setbacks apply, regardless of the classification of the water body: Setback from: Top of bluff Setback (in feet) 3T5 3. Bluff impact zones. Structures*'aiid cessory facilities, except stairways, landings, and locX noxes, ‘^fst not be placed within bluff impact zones.G. Steep Slopes. Any applicant requesting a permit for ccSSatruction of sewage treatment systems, roads, drivewaySf structures^ or other improvements on steep slopes^ ^ orovide adequate information to allow the City to evaluate possible 'soil erosion impacts and development of visibility from public waters before such permit may be issued. When determined necessary, conditions shall be attached to issued permits o prevent erosion and preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. I. Vegetation Alterations. 2. Intensive vegetation clearing within 75 feet of the shoreline and on steep slopes'vithin the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than € inches in diameter and cutting, pruning and trimming trees of any size is allowed to provide a view to the water t-um the principal dwelling site and to accomodate the placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted lock boxes, provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. J. Topographic Alterations/Grading and Filling. 5. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: g. Plans to place fill or excavated material on steep slopes must be reviewed by the City Engineer for continued slope stability and must not create finished slopes of 30% or greater; h. Fill or excavated material must not be placed in bluff impact -zones; Agricultural Use Standards. 1, When permitted in the underlying zoning district, general cultivation farming, grazing, nurseries, horticulture, truck farmin'?, and wild crop harvesting shall be allowed in the Shoreland 6.erlay District except that no such activity shall occur within the shore setback zone nor on steep slopes or bluff impact zones. Steep slopes, shore setback zone and bluff impact zones shall be maintained in permanent vegetation. 2. Animal feedlots must meet the following standards: a. New feedlots, if permitted, must not be located in the shoreland of watercourses or in bluff impact zones and must meet a minimum setback of 300 feet from the Ordinary High Water Level of all public waters basins; and b. Modifications or expansions to existing feedlots that are located within 300 feet of the Ordinary High Water Level or within a bluff impact zone are allowed if they do not further encroach into the existing Ordinary High Water Level setback or encroach on bluff impact zones. Subd. 17. Nonconfo^jties^ All legally established ^unconformities as or the cate or this ordinance may continue subject to applicable State Statutes and as regulated elsewhere in the Orono Municipal Code. In shoreland areas, the following standards shall also apply: B. Additions/Expansions to Nonconforming Structures. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements set forth in the Orono Zoning Code. Any deviation from these requirements must be authorized by a variance pursuant to provisions of the zoning chapter. * Subd. 18. Subdivision/Platting Provisions. C. Information Requirements. Sufficient information must be submitted by the applicant for the City to make a determination of land suitability. In addition to Information required by other provisions of the Zoning and Platting Codes, the following Information shall also be submitted: A line or contour representing the Ordinary High Water Level, the toe and the top of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream* PHONENO. Ml STATE OP ^fpARTME^ OF NATURAL RESOLES MJTTRO waters - 1200 WARNER ROAD, 772-7910 cncio .t - - February 18, 1994 FE3 2 3 1S94 Ms. Jeanne Mabusth City of Orono P.o. Box 66 Crystal Bay, Minnesota 55323 RE; BLUFF DEFINITION, CITY OF ORONO, HENNEPIN COUNTY Dear Ms. Mabusth; After discussion with Bruce, of your office, we realized had not incorporated the alternative version (or "common sense version) of the toe and top of bluff definitions ordinance. I am enclosing alternative language that the DNR Division of Waters developed after the field staff complained of problems with administering the original definition. I recommend that this alternative language be added to your list of housekeeping and clarification amendments. Please contact me at 772-7910 should you have further questions regarding this matter. Sincerely, CL. J Ceil Strauss Area Hydrologist Enclosure AN EQUAL OPPORTUNITY EMPLOYER Top of Bluff and "Toe of Bluff DEFINITIONS May 15. 1991 M The Land Use Co^nittee in its May 15, i«l.following definitions drafted by the shoreland management sta f. , T r e.k« "Tnn nf the bluff" means the point on a bluff where af^uiallj Sbs.rve^. cLrl^ identifiable break in the slope ^^rsl^o^r M gintler lloje Ibove. If no break in the slope is apparent. the top of bluff^shall be determined to be the ^'segment, measured on the ground, with an average slope exceeding 18 percent. Is^rfif as Sisially observed, a clearly identifiable break in the slope, M^?iU Jo s?e«e? slope Jbove. If no break in the slope 1$ apparent. «rt§ro‘}*Jl“f s"?? be S^Je?m?ned to be the lower end of a 50- oot segment, measured on the ground, with an average slope exceeding 18 percent. REQUEST FOR COUNCIL ACTION <5I^ DATE: 4/20/94 & \ ^Sr, ■% ITEM NO Department Approval: Name Michael P. C’ffron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #792 Minnetonka Power squadron, 510 Big Island • Conditional Use Permit/Variance - Resolution • 1994 Joint Use Dock License Approval - Resolution List of Exhibits A - CUP/Variance Resolution B - 1994 Joint Use Dock License Resolution C - Excerpts from 1994 Minnetonka Power Squadron Handbook D - Memo and Exhibits of 4/12/94 E - 1994 Joint Use Dock License Application Summary As noted in the April 12ih memo, this application is to follow-up the City's intended gtanting of a conditional use petmit for Day Use Recreation Area to the Minnetonka Power Squadron. which process was commenced in 1983. The Planning Commission held a public hearing on this matter on April 18, 1994, finding that the Minnetonka Power Squadron meets all requirements for a Day Use Recreadon Area conditional use permit except for the ratio of users-to-lot-area. With 7.5 dry acres, at the standard of 20 users per acre the site would be limited to 150 users at one time. Representatives of the Power Squadron indicate that as many as 200 to 300 users are not uncommon at the site on holiday weekends and more users have occupied the site during special events. Planning Commission recommended that Power Squadron be granted a variance to allow up to 500 users under this conditional use permit, and any special events for which more than 5 users are anticipated shall be subject to prior approval of the City Council. It is Planning Commission’s intent that requests for approval of such events not be considered as amendments to the CUP nor be referred to Planning Commission, but be merely a Council review and approval process. Please review the findings and conditions contained in the attached CUP/variance resolution. A resolution for approval of the 1994 Joint Use Dock License is also attached. Request for Council Action continued page 2 of 2 April 20, 1994 #792 Minnetonka Power Squadron Staff Recommendation Staff recommends approval of a conditional use permit and variance for Day Use Recreation Area, and a 1994 Joint Use Dock License, for the Minnetonka Power Squadron, per the attached resolutions. Proposed Motions 1. Moved by , seconded by , to adopt Resolution #___granting a conditional use permit and variance for day use recreation area per Municipal Zoning Code Section 10.31, Subd. 3(C) for Minnetonka Power Squadron at 510 Big Island. Vote:aves.nays. 2. Moved by ,seconded by , to approve Resolution #____, granting a 1994 joint use dock license to Minnetonka Power Squadron, 510 Big Island Vote:______ayes,______nays. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE FOR DAY USE RECREATION AREA PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3(C) FILE #792 WHEREAS, Minnetonka Power Squadron, a nonprofit Minnesota corporation, (hereinafter "the applicant") is owner of the property located at 510 Big Island, also identified as RS District Record Lot No. 5. within the City of Orono (hereinafter "City") and legally described as: Tract A, Registered Land Survey No. 1294, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, pursuant to Section 10.31, Subd. 3(C) the applicant has submitted the requested information for review of a conditional use permit for Day Use Recreation Area with occasional overnight camping. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #792. 2. The property is located in the RS Seasonal Recreational Zoning District. Orono Zoning Code Section 10.31, Subd. 3(C), adopted by the City Council in 1983, requires that a conditional use permit be obtained for any day use recreation area, and provides minimum standards for approval of such use. 3. The Minnetonka Power Squadron has operated a day use recreation area with occasional overnight camping at the property continuously since 1969. Page 1 of 7 4. 5. 6. 7. 8. 9. 10. The applicant has made certain improvements to the property since 1969 including a picnic pavilion and vault toilet facility (1972) and a private well (1985). Two additional storage structures are located within the property. The picnic pavilion is considered a legal nonconforming structure since it legally existed at its current location less than 75’ from the shoreline prior to adoption of hardcover and 75’ lakeshore requirements. Section 10.31, Subd. 3(C-1) requires minimum of 5.0 acres dry buildable area for day use recreation area. The gross lot area of the property is approximately 9 acres, of which approximately 7.5 acres is considered dry buildable, thus meeting the minimum acreage requirement. Section 10,31, Subd. 3(C-1) also requires a minimum "lot area-to-user" ratio of 1 acre per 20 users. Under that standard, the code would allow up to 150 users on the property at one time. All abutting adjacent land is owned by the Hennepin Parks, and there is no adjacent land available for acquisition by the applicant. The Minnetonka Power Squadron by-laws set no limit on the number of members. The average number of members (family units) is 250 to 350. Therefore, the potential exists for the number of users at any given time to exceed 150. Because the Power Squadron is a nonprofit organization, it is technically exempt from the provisions of Municipal Code Section 5.25 requiring a license for shows and large assemblies in excess of 300 persons at one time. Lot width at the shoreline exceeds 1,200 ’, and meets the minimum lot width requirement of 200 ’. Minnetonka Power Squadron has annually obtained a joint use dock license from the City and from the LMCD since 1969. The property contains approxunately 2,250’ of shoreline and has historically been licensed for the 45 transient slips this shoreline length would allow at a level of 1 slip per 50 of shoreline. The Power Squadron’s published rules for "Streater Cove" confine swimming to the beach area, which is designated by buoys. Page 2 of 7 11 . The property contains a vault type toilet system which is pumped out as required. The history of maintenance of said system indicates that it meets the intent of the sewage treatment provisions of Section 10.31, Subd. 12. 12. A telephone is available at the site. 13. The property exists as a single tax parcel which abuts the lake. 14. The Orono Planning Commission reviewed this application on April 18, 1994 and recommended approval based on the following findings; A. The site containing 7.5 dry buildable acres is large enough to supfK)rt a day use recreation area and occasional overnight camping use w ithout any adverse effect upon the lake or upon the adjacent wetlands located within the northern portion of the property. B. The continued use as a day use recreation area will have no negative impact upon the neighboring adjacent properties nor on nearby properties. C. Based on the historic aiKl expected continuing level of use, the fire protection system developed by the Orono staff for Big Island and the Streater Cove guidelines established and published by the Power Squadron for member use of the site will provide the necessary precautions to maintain the public safety and welfare. D. The historic and continuing level of use requires a variance to Section 10.31, Subd. 3(C)(1) to allow in excess of 20 users per acre on the site at one time. In the opinion of the Planning Commission, the Power Squadron should be allowed up to 500 users at one time without special requirements. Events or occasions in which more than 500 users will occupy the site should be subject to City Council approval. E. The Minnetonka Power Squadron provides a significant public benefit to the lake by fostering and encouraging seamanship and safe boating practices. Additionally, the property is occasionally used by educational, research and civic organizations. Page 3 of 7 The City Council finds that granting a conditional use permit to allow day use recreation area with occasional overnight camping will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect 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 and user density ratio variance per Municipal Zoning Code Section 10.31, Subdivision 3(C) for a Day Use Recreation Area with occasional overnight camping at 510 Big Island (Record Lot 5) for Minnetonka Power Squadron subject to the following conditions: 1.Minnetonka Power Squadron shall be limited to 45 slips at the existing seasonal docks. Applicant shall obtain the required annual joint use dock license from the City and shall meet any multiple dock requirements of the LMCD. All existing dock slips are considered transient rather than permanent mooring slips, but this shall in no way prohibit the occasional overnight docking of boats for overnight camping purposes. 2.Applicant shall provide transportation to the property for annual inspection of the existing sewer facilities and fire protection facilities for compliance for the minimum requirements. 3.Applicant shall provide fire protection for any camp fire rings at the site. Such protection is subject to the special standards developed for island recreation areas by the City of Orono ’s Building Department. This protection shall consist of a supply of sand, water, bucket and blanket. Page 4 of 7 4.TTie number of users of the property ’ at one time shall not exceed 500 persons except by special approval of the City Council, which approval may be granted by the C ouik U on a per-event basis upon prior request, subject to any conditions which the Council may determine are necessary to preserve the health, safety and welfare. 5. 6. 7. Authorities granted by this resolution are granted specifically to the Minnetonka Power Squadron or any of its affiliated organizations. Any transfer of ownership of the property other than a transfer to an affiliated organization, shall result in automatic expiration of this permit and the new owner shall apply for a new conditional use permit if a day use recreation area is proposed. Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned representative of Minnetonka Power Squadron has read, understood and hereby agrees to the terms of this resolution and on behalf of the Minnetonka Power Squadron, its 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 25th day of April, 1994. ATTEST Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Authorized Representative of Minnetonka Power Squadron Page 5 of 7 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this __ day of , 1994, by Edward J. Callahan, Jr., Mayor & Dorothy M. Hallin, City Clerk of thft City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 7 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. On this day of , 199___, before me a Notary Public within and for said County, personally appeared_________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPl.; ) ss. On thib 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 7 of 7 RESOLLTION 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 of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared 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 25th day of April, 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 25th day of April, 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: 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:unincorp)orated 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 n. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year ’s license. Authorized Boat Density per attached plan: Bay Transient (Day use oiily^ Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in ’\Vater Maximum Boats per prior license MAXIMUM BOAT DENSITY Lower Lake Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. m. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B and C.. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 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. 5drts. — Ohhl -\>Sbl -T/l“ -° 1 • • tn n r*i S3Isn H >H <2 tn •• • o KJ Oo •-< o o 'n 2 < o fH t/1 r* S: . o •5 • n r* i-i H »< • i •• V t- • ■ • • • “TJ ' r. o ^ O «N — n • rv ^‘Jtc ttyc ill, \ A I ‘ • i / I . VtC* • t I Vt. sy ‘-»s sh~-^- O .1 <r - .• • •1--* I* • • • • '•;• .. • • • • • • • * A m ••• •• • • • • • • •- • • • • V. • • .• • 5-' X 0>. c rn o_ 2 2A 2 2^ 23 m o *5 '^==’ : \ /tt*n':f • • HO'OVrt lio.ol .1 •- I m 1 c— I ^ I ■.■-•:H *Nbi>i<nios3H s ■ilSlHX3 ^ « ■ttj fAii f; V.!»''HSfn tmtufi 1. 1969:ORGE’D.IIICKtY.AUDIIORHCNNCf IN CCWNIY, MINN.... U.. .urr registehed UUttA uunvEi HU. 12-8 4 lENHEFlK COU1.1X, MUiNKSOTA 7 /»rAins payable in i»^£Lr ON WITHIN OESCniaCDpnopciiry are paid * i*.-.- *^ <j. C2 A- • 1 Jmr.A9, H i ,-£•»/ *f 77 Af/ <T ruti Imt «f Ct* f S*(h<*n 2Z.TUrH,Hn\Sf : V-* 1 .• p toot tT__ i -------------c>—-ri . ... 4$rfi • •• > • sseo.rm JTO.r< • • • >1 .c f\ .M # . • ir ' ** i1 f 1 11 ipfj r - / if k i.11- - H n; •Iu: .4V' Htnn Co to ih iron mooyt^ #m •:: H. PTS^iMER or 2 C^HITC j/v: orGoi' ; /;•/ SEC. N R£3W L / I* tA^e/y sh»rt!in9 * * * of channel — MKTA POWER SQUADRON STREATER COVE FACILITY !•' = 100' ^lUSiECEIVED R 1 9 1994 OFORONO Minnetonka fPowER Squadron A UNIT or THE If UNITED STATES POWE* SOUADPONS SAIL and POWER BOATING I I 4 • I 11 I • 1994 HANDBOOK I I ♦ • i I ! ‘ I diuUJlN US PS FRATERNAL ROATINO CLUR SAIL AND POWER BOATING HimiCTOIIKA POI#CR SQUADROII If94-9S SCHEDULE OF EVENTSHASai2 7 • 12 2S-27 ATtlL 4 9 II 14 21 23 30 MAT 2 9 10-21 29 30 JUNI 4 5-11 6 9 11 JULY 2 3 1994lf« 1900 Seating 2 (Minnetonka Boat Morka) Mo 1930 Kxacutlva CoMiilttaa Maatlng Tti 1930 Sail, IQ, Waathar Sagin Sa 0900 N Club Haatlng f-9ii Diattlct 10 Spring Confaranca (Mllwaukaa, f?I> No 1930 Exacutlva CoMlttaa Naatlng Sa 0000 H Club Naatlng 1700 Fitting Out Party No 1900 Boating 3 (Edan Pralrla) Th 1930 Ganaral Naatlng (Unifora B) Th NOAA Kickoff Sa 0900 Island Pralimlnary Work Party 8b lilaiid liork Party No 1930 Saaaanahlp (Maw Naabars) No 1930 Kxacutlva Coaalttaa Naatlng If-Su USPS Spring Govarnlng Board (St Louis, Su 0900 Island Braakfast No 0900 Island Braakfast Sa "Public* Safa Boating Kvant S-Su Safa Boating Naak No 1930 Kxacutlva Connlttaa Masting Th 1930 Ganaral Naatlng (Unlfora D) Sa 1300 Island Safa Boating Day 1930 Staak Fry/Potluck * 8a 1^400 Pradlctad Log Clinic Su 0900 Island Braakfast 1400 Pradlctad Log Contaat Mo 0900 Island Braakfast 1300 Childran's Party 1930 Staak Fry/Potluck 1930 Exacutlva Coaalttaa Naatlng 1400 Pokar Sun District 10 Randazvous (Rad wing, HN) 11 No 16 Sa 22-24 P-Su AUGUST 9 13 No 1930 Kxacutlva Comittaa Naatlng Sa Casino Party Island Braakfast Shrlap Feast Island Braakfast 20 Sa 1930 8KPTEMBRR 4 Su 0900 1730 5 Ho 0900 7-11 W-Su USPS 12 No 1930 1930 22 Th 1930 ilttaa Masting ig (Unlfora F) NIMMETOMKA POWER SQUADBOi 1994-95 SCNEDULK OF KVRIITB (contlnuad) OCTOBIN 1 Sa Fan 3 Ho 1900 4 Tu 1930 1930 S Sa 0900 10 No 1930 15 Sa 0900 17 No 1930 4 (Location TBA) B Club Naatlng Kxacutlva CosMlttaa Naatlng 21-21 F-Su 29 Sa District 10 Fall Confaranca (Wauaau, Hallowaan Gat Togathar NOVEMBER 7 Ho 10 Tb 12 Sa 1930 Kxacutlva Coaalttaa Naatlng 1930 Ganaral Naatlng (Uniform A) 0900 N Club Naatlng DECEMBER 3 Sa 5 Mo 12 Sa Holiday Party 1930 Exacutlva Coaalttaa Naatlng 0900 11 Club Naatlng JANUARY 1995 9 Mo BaglB 25-29 W-Su 27-29 F-Sa Saaaanshlp/AP/JM and Navigation Claam 1930 Kxacutlva Coaalttaa Naatlng 0900 N Club Naatlng 1430 HPS Annual Masting (Unlfora A) Ninnaapolls Boat Show District 10 wintar Council Naatlng (Wausau^ W|) FEBRUARY 1-5 T-Su 2 6 11 13 Tb Mo Sa Mo 14 19 Tu Sa USPS Annual Naatlng (Miami Baach« PL) USPS Foundar's Day 1930 Exacutlva Coaalttaa Naatlng 0900 N Club Naatlng 1900 Boating 1 1930 Piloting Class Baglns 1930 Crulsa Planning, Waathar Claasas Bagln Changa of Watch (Uniform A w/Bow Tla) NotesX ALL CLASSES (Except Boating Courses and others as announced) bald at Peace Presbyterian Church, 7624 Cedar Lake Noad« St. Louis Park, starting at 1930. Mo-Nonday, Tu-Tuesday, Wa-Wednasday,Th*Thursday#Pr*Frlday 8a-Saturday, Su*Bunday NOiilWATIOWSGary NIssen. AP. 1994 p/C Bud Ffynn, U. 1994 nD«nn» Palwion. N -1995 P/C Gmw Niwootnb. p -1995 U ^ RottW. AP -1996 P/C Jm Maftey, p. 1996 Lt RULES L®Roy OsrtbKh. P. 1904 Lt W*«i» Prtn. N. 1994 P/C Jam CMwKt.jN. 1905 P/C Uoi/d Pni. N. 1995 P/C 1996 P/C MerrW Palanon, AP • 1996 It AUDIT David Fishar.AP-1004 u Bj4on Looatwocfc. AP -1995 P/U/C Mailyn Johnson, AP • 1996 Lf EXECUTIVE COMMITTEERobart Sbenv*. y CdrWBIanJ Paterson, y Ll/C Kan 2u«o. AP lvC Carote Magnuaon. JN l t/C Linda Gone, P u/c Jaan Paterson. P Ll/C Carol Smtti.P ut/ii Juff HamMon. AP 1 st/l I Ed StaiAa. AP p,c Brian Sanderson. AP ist/l t MAo MonMUno. P is|/LI Tom Rossini. N p/c Brad Herman. P *• li JuBa Rossini. AP** p/c ** Non - Vottig SQUADRON MEMBERSHIPr-----EXECUTIVE COMMITTEE SQUADRON COMMANDER Moben SOoma. y CA Flag Ehquette Don Da2urA..P Advisors Roger ArenL y P/C Frank Gofle. y p/c AkIq Sharon Schetske. B Chaplain Patnc:ia Arent. P EweuVva Offloar WWardPateraon. y LVC Pubic Ramons Brtan Sanderson, AP IsVLt Cooperalve Charing TomZambaLAP Lt Boat Shows Bn Schalska, AP Daniel Goldman, P LI U Sato Boaing Week Marshal Wabar, P U Govemnwnl Liaison Robert PNsbury, P Lt ONR Liaison • ExrXic Plania Palsy Sflama, S u Boating Organization Ualson Ted Harman, S LI Radio Tech Paul Blornberg, B . Lt Satoly DonMegel, P Lt Educattonal Oflicaf Carole Magnuson, JN Ll/C Asst EducaOonal Offlcer John Sydioskl. AP isl/LI Education Maleriats Robert Bussel. P Robert Bossen.S It Lt Supplemental Programs BudFIj^n, y Teaching Aids Dave Fleming, y r Elective Grades Roger Arenl. y P/C bhgme Mam' John Sydioskl, AP Jolin llaurykiawlcr. AP LI Education Communication Lloyd Prall. y p/c ehance Marine Electronics Sieve Merjanlan, JN Weather Frank Golle. y Sal Gena Rosenbergor. AP LI Instructor Quaflllcation BW Pflce, y P/c Cruise Planning Tom Rossini, N P/C Advanced Grades Bill Price, y P/C ______1 Seamanship Frank ChurchM. JN P/C Piloting Don Duncan. P LI AdvarKod Piloting Dave Fisher, AP U Junior Navigation Karl Larson, y P/C f Navigation Van Cardashlan, y Lt| Celesllal Sights Kart Larson, y P/C Sight Days Dave Fleming. M It 1 Public Boalmg Edward SlarAa, AP P/C IreMurer Jean Peterson, P LVC AssI Treasurer Ken Mder. AP tsVLI Property Officer Judith Miegel. S LI Boating Classes Dave Duenow. S u Boating Support ' Renee Koser, AP Jon Koser. AP Lt LI Proctor Chair Gerald Canfield. P LI Boating Video DlsIribuUon Don Harlung. P i\ Video Examinations Tom Rossini. N P/C Boating Safety Lynn ^nellenharger. P LI STANOINO COMMITTEESLaw Officer Brad Herman. P LISVeator Cowe/tslend Mgr Tom Rossini. N P/c Dtsiricl to Rendezvous Merrill Peterson, AP H Squadron Endowment Juka RoesW. AP P/C ErkrcaSonat Fund Jim Ogiand. JN p/c Adminlalrallve Offlcer Ken Zullo. AP LUC - 1 Membership Carol Smith, P Marie Everson. S 1tl/LI LI Member Involvoment Dennis Cox, S Lt Entertainment Mike Montiifno. P IsUlt Boating ActMUes Merfyn Johnson. AP LeRoy Flschbach. P Lt Lt Operallons Training Gary Nlsson, AP P/c Mootings & Programs John Roes. AP Lt Pori Captains Lenore Churchill. S (Mm*) Lt Dennis Peterson. N (iMt) P/C Torn Rossini. N(Supt) p/c Publicatkx>s Editor Jeff MamiUon. AP isl/Lt TonkaNAUlS Mailings Los Walstrom, P Linda Gone, P LI LVC Advertising Bill Schelske. AP Dan Knight. P Frank Churchill. JN Scnfl 1 Rmurn 5? Lt LI P/c II Secretary Linda Gow.P LVC AssistenI Secretary Daniel Goldman. P IsVLI Member OuVoach JudHh Russel, B LI Shipi Store Tony Anderson. P Lt LeHoy Flschbach. P Lt NoOTcallon Dane Rosenbergor, AP Lt HIslorian Jeanne Johnson, S LI . 1004. MINNETONKA POWER SQUADRON ORGANIZATION • J cove folicICS L PROCEDOtCS• gtiMta fa rUlty that tb« MiuMtonk* ro».r SqiMdron ^ through th* 9«Mro«lty of Hr. Cd StiMt.r .iMi oth.r •arly^Wtenovamlghtlng. Wbara hav* a ri9ht to aapact propar coS^t t-lUa. and fnaata. H«rtHir^a Sho or l^caX otU bTli« ’ ••""A' •'noolnflly braak national Straatat Co ”? ^ ^ ra.trlctad fro- accaa. to docking procedures I. To haip rac090lta our -a-bara. OTM raflactiva dacala ara durlna*dn»?i!lh?‘kl **°***^ "•■barn abould alao fly tha USPt Bnalgn during dayll^t bourn and tha Hlnnatonka Burgaa aluaya. Docking is ON N flrst-coNN bNNlN. SfiNCNN CNniiot bs rNSNrvsd. waathar. Dock accordingly to ■M rnifriWM am Inrataii at ricniniot Baach ro— SAFETY POLICIES ** i? •'“* parnlttad only in tha -baach- 2i?ha ch?idi:2. ‘ Pl'— "-P • cloaa aya COURTESY GUIDELINES 2 3 4 5 or^boNta!^*^' opNii-fla^ grills ara not psnilttsd on plsrs DSFbscus grills or opan firaa. Pirs«#orRo and firssrss ara not paraittad at Straatar Cova. mialsua wsfcs whan within 400 faat of our docksa •* Maror^si'cSin::!?:; **'• •* ELECTRICAL POLICIES la Blsctricai ssrvics is svailsbls to sasbara for an annual fas. Contact tha Squadron Treaaurar to arranga for paynant of this Its and to racaiva tha combination to th# alactrical boaaa. 2n Cords must ba ■arina.approYad and in good working condition. 3. Connact cordsats to boat, than to power boa bafota anergiring. To disconnectn turn power off at power boa first I *' V P**^ annual fan. Piggy-backing fronboat-to-boat is prohibited. ^ ». Do not leave cordsata unattended on tha docks. 1.2. 3. 4. 5. a. 7. f. iO 1. 2. 3. 4. be observed between 2300 and 0100. Durinalad andQnlet tin# la to- - - -- - - -a.,rvwwwu aievanta, quiet tine will ba aatabilah< pubiishad by tha Eaecutiva ConnUtaa bafora tha functions Raan *oica. ami -u.tc at a raa.on.bla la*.l during younji^r«'n:;*oru:rr p-^araas°aa !«U aa^th***'^ 1*'**'^ *'** P*''^^*®" •"<* othar anting**^dua to haaith concarna. Tha anlMl diiTOla*of* to tha North of tha awia baach. Piaaaa pick up 72^ Nccidants that occur outalda of tha ^ ■■■Lac-jritlL your txA-lu ** you Kttr.4^^ nthir Picnic tabtaa undar tha pavilion ara not to ba raawvad. Whan ualng tha talaphona. piaaaa Halt call to 1 -Inutag. Cold^ashoa fro- grill, -hould ba placad In tha flra pit. rock.* Tkii *^*** to ranova or throw our rip rap "** • *nv..t..nt by tha agu^lron tS control kll tools, aquipmant and aporta iti storaqa araaa whan finiahad.should ba ratumad to tha ir3SB Tr£~y:^'s£~S^- ^i^uliSd!’*''*'*** ba kapt out of alght -h.n on GUEST PROCEDURES ................ h.;. "."ppr'".!"’*, cSKtU.” •*“ "Ovarnlght Cuanta* aboard your boat ara paraittad. ind‘-iH? Gueata Boata* to Straatar Cova la paraittad raft thn liiuTi **V"^**^°I' *bn laiand Chalr.Ba nraparail f«i| -overnight Cu.at Boat,- «iy b. Invited NCKBEffSHlP PROCEDURE URITED STATES POWER SQUADRORS ANDMINNETOMHA POWER SQUADROROSPl la racomltad aa a laadar of SAFE BOATING THROUGH E1H7CBT10R in tha yachting %iorld. To aaintain this position wa Buat continua to attract and invita into our RRRf>RFRhlp candidataa who will bacona involvad activa paBbara. In ganaral, any paraon 18 yaars of aga or oldar« who la a cititan of tha Unitad Stataa nay ba adnltted to irahip providad cartain othar raquiraaanta ara Mt. candidata nuat havat Shown an intaraat in bacoalng a wmmbmr of tha USP8. Indicatad a wiliingnaaa to contrlbuta tlaa, anargy and aXill to tha objactivaa of tha U8P8. A daaira to laarn siora about tha fun of SAFE boating. Ra aocially accaptabla to tha nanbars of tha Squadron. Paaaad tha praacribad axasiination liaBonstrating a aufficiant laval of boating knowladga. (Noraally, satisfactory conplatioa of tha Boating Coursa). A 1. 2. ). 4. 5. WiRTa ara no Msd>arohlp rastrictiona with ragard to sax, color, raligion, or haritaga. Tha Proapactiwa SMbar will ba invltad to a siaatlng at which tha MaBbarahip raquirsBants and procaduras aa wall as tha organitation of tha U8P8 will ba axplainad. Thara will ba an opportunity for tha candidataa to gat anawars to any quaationa thay Bay hava concarning USP8. Bach candidata will ba Intarviawad by a Baobar of tha Maabarship Cosssittaa to datansina tils or har suitability and daaira to bacooa a Basd>ar of USPS. hotiva Basritiars who Boat thaaa raqulranenta nay invita any quallfiad friand or aaaociata to bacoma a Hianbar. All aponaora ara axpactad to attend this neatlng to introduce tha candidata and assure that ha or aha is oada to faal coBfortabla and walcona. FAMILY MEMBERS POLICYFaally BOBbarshlp la available to tha noBbara of tha fsBlly of an Activa Waabar. Tha tarn "faBlly* Includoa tha apouaa of tha Activa Maabar and all parsons ralatad by blood, legal adoption or aarriaga who ara at least 12 years of age and less than 2S years of aga and who rvsida with or are dependants of tha Activa Maabar. Tha invitatio** to faaily neabarhahip is subject to tha aaaa criteria of objac va judgaent by tha Maabarship aant by tha Maabarship Coaaittaa la invitation is extendad to any prospect for activa aaabarahip. Faaily Meabera are not entitled to hold office, wear tha unifora, fly tha Ensign, or earn Merit Marks, but ara antitlad to taka all USPS educational courses offered by tha S luadron and participate in tha social activities aa any Activa Maabar. Upon tha tarninatlon of tha naBbarahip of tha Activa Mai^ar« tha FsBlly Maabarahlpa following thara fcoB will alao taEminata BBlaaa tha raaily Maabar qualifiaa, is invited by tha Baacutiva CoBBittaa and elects to bacoBs an Activa Maabar of tha Squadron. A Paaily Maabar upon bacoalng an Activa Maabar of tha USPS, will ba antitlad to wear, on an approved unifora, tha arada inalgnia raprasantativa of tha Advanced Qradaa paaaad while a PaBily Haid>ar. (Additional Infomatlon concarning FsBily Nsabarahip aay ba found In USPS Bylaws Chaptar ll, SactiOll ll.SaA )• RBN BaBbars accepted to Baabarahip in tha USPS are axpactad to coaplata tha following raquiranants during tha first 24 Bontha of BaBbarshipt 1. Attend Oparationa Training. 2. Barn at least one Merit Mark. 3. Succaaafully coBplata Saaaianship and Piloting. NimicToinu rovcR squadroi course orrERXECs ROATIMQ - Thm mmim boating couraa oftarad to tha qanara^ public. BOATIIIG SAFELY - Raw couraa daalgnad to teach aafa boating to young paopla. ADVAVCED GRADES (A aaquanca of couraaa) 8BAMAR8HIP - Taachaa ganaral aafa boating handling hnoaladga. PILOTISG - lAtroduction to couraa plotting tachniquas. ADVANCED PILOTING - Advanced couraa plotting for tidaa and currant!• JUNIOR NAVIGATION - laaic calaatial navigation akilla. NAVIGATION - Further davalopaMnt of baaic calaatial navigation akilla and Introduction to a nuabar of apacial navigational problana. 8L8CTIVR COURSER (Taken in any order) HEATHER - Introducaa waathar concapta and builda awaranaaa to application of concapta to aafa boating. SAIL - Taacbaa fundaaantai aailing akilla. INTRUCTOR QUALIFICATION - Davalopa praaentation and laaaon planning akilla. CRUI88 PLANNING - Tha aultituda of factora to be conaidarad prior to taking a abort or long cruiaa are atudiad. ENGINE MAINTENANCE - Thia couraa taachaa fundaaantala of boat angina ayataaa. 0 MARINE ELECTRONICS - Builda a coafort level in etudenta toward their boat*a aiactricai ayataaa. SUPPLEMENTAL PROGRAMS (Saif teaching aatariala) Water Skilling Boat Inauranca Ocaanogrtpby Hand Tooia Navigational Aatronoay Coapaaa Adjuating Amateur Radio Sight Reduction Mathoda Boat Daaign and Conatruction Predicted Log Contaat Preparation for Coast Guard License Coast Guard License Rules of Road Coast Guard Licanaa 6 Pack to Master Calculators for Navigation Introduction to Sailing CIVIC ORGANIXATIOH PROGRAM • Minnetonka Power Squadron sponsors a •ahip" of the Sea Eaplorera. For further information about thia organization call: Merlyn Johnson at 934-2S09. HINMETOMRA POWER SQUADRON GOALS 1994-95 1. Attain District 10 Three Star Squadron status through efforts of all departaents. 2. Obtain dietiict aambership goal of 379 by 31 January 1995. 3. Every new member will be aware of their opportunities and reaponaibilities and have an involvement and education plan prepared. 4. Remain a full service educational organitation by offering a ainiaum of one class in every advanced grade and elective course during the year. 5. Aak that new members complete Seamanahip, Pilotingi Operations Training, and earn a Merit Hark during the first two years of membership. 6. Conduct expanded Liaison activities with Boat/US, U.S. Coast Guard Auxiliary, Hennepin County Sheriff's Water Patrol, Minnesota Department of Natural Raaourcea, and Lake Minnetonka Conservation District. 7. In conjunction with the St Paul Squadron, boat the District 10 Rendezvous at Red wing. 22-24 July 1994. OBJECTIVES or THE OBITEO STATES POI#ER 8<>UADROIIS AJIDMIlINBTOIfRA POWER SQUADRON CHARGE or WATCH 19f3/AWARDS pwrsons of good chBricttr • natlonvido frat^raity of yachtlag; r*i«tloB«hlp» aw>ng parsona lotaraatad In in .na 2.i*,;:nrnr.a.::L.rpT„^-.airi - •« To^«valop and proaota Inatructlonai proqraaa for tha banafit of incraaaa thalr knowladga of and aklll in p.rticip.tioi li; t?adltitM'*?^t<ii*an<ra'?i‘^^^^^ t«coqni«ad yachting . . . . . . . . . . . . .BILL SCHCLSKE FRATERNAL. . . . . . . . . .CIMDY HANGSLEBEN EDUCATIOH. . . . . . . . . .DAVE FISHER He«b#rs for Mtca contributions and sfforta during thair first year of •smbarahip. HARIE EVERSON - MIKE GlLBERl - BARB HOKAN80N TOM HERTZ - MARY PEPIN - GALE WEILAND HI^BIM. EoucAHQiuL_mc£u^ii « m»n - oadicatad to r/c liSd * ■•■b«r of Mlnnatonka; CoMandar In IJ«2; aaBb2r*'Mhlbi?^II‘^ "•fit M«rka. Praaantad to tha aquadron nSalLlW K knowladga^ laarnlng.(Basically naant to ba a studant's award aatablisbad • Jul 91 a) JIM DOYLE ^"g**”* (Oonatad by P/C To. aoa.lnl. H) 1988^ ^ ^ eaanplary and contagious. Estabiishsd in BUO PLYNN HQMQRASY MmngS!^ •“•rdad a ona-yaar Honorary Naattarahip i«? !’’• Powar Squadron. Tha thraa ladlaa »a wldowa of **'15 «ra coMunlty laadara who hava advlaadtha aquadron and Mda significant contrlbutlona of tlM or talant. aril “ " klHOnORH - JEAN SCHRICKBR BILL CIIANOLCR - RIH BLVERUH - BILL MABGBLC - BILL MICCUM VIC MORTOH - JIH RAMSTAO - MARC RUOB - CBHB BTROMMeS CQMMAIinKB'9 tW.Pn TOM ROSSIHI - BRIAN SANDERSON - HIRE MONTILINO LYNN SHELLENBARQER - SILL PETERSON TO:Planning Commission Members Ron Moorsc, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:April 12, 1994 SUBJECT: #792 Minnetonka Power Squadron. 510 Big Island - Conditional Use PcrrnU App|j.-:.»inn: Conditional Use Pemit for Day Use Recreation Area. Note- This application was initiated by the City in 1983 per the requirements of the then ne-^y Lpted RS Dtorict Zoning Ordinance. When the City Planner Al Olson resigned ™ Septemto 198^ his preliminary work on this application somehow was Itled away and forgotten. Du ng Council ’s review of joint use dock license applications this spring, a question was raise regarding whet..cr the Power Squadron's docks are transient or pennanent. and in researc^ng that question staff found that a Day Use Recreation Area CUP had inadvertently never been drafted or issued. List of Exhibits A - APO Letter 5/25/83 B - Snook Letter 6/17/83 C - APO Letter 6/21/83 D - Plat Map n - Property Owners List F - Site Plan G - RLS 1294 H - Memo of 3/21/94 1 - Lettex from Bradley S. Herman 4/7/94 J - 10.31, Subd. 3(C) K - Photos (Circa 1983) L - 1994 Joint Use Dock License Application M - 4/23/83 Memo Re: Toilet Facilities N - 10/31/90 Septic Inspection Report Pertinent Code Section: Section 10.31, Subd. 3(C): "Day Use Recreation Areas" are a conditional use within the RS Seasonal Recreational Zoning District (see Exhibit H). Background In 1983 the City adopted Ordinance No. 246, establishing the Seasonal Recreational zonmg district to include Big Island, Mahpiyata Island, and Deering Island. Prior to 1983, the isbn s were zoned LR-lA-1, a Single Family Lakeshore zone requiring 2 acre minimum lot size. Zoning Memo #792 April 12, 1994 Page 2 The new RS Ordinance established each individual existing lot or group of commonly owned lots as "record lots". "Conforming record lots" were those of 5.0 acres or larger "Substandard buildable record lots" were those less than 5 acres with or without an existing seasonal dwelling structure regardless of lot size, with those vacant lots of 1/3 acre or less being considered as substandard unbuildable record lots. The RS Zoning Ordinance established j)ermitted. conditional and accessory uses, set minimum standards for septic systems, and set minimum standards for building construction and fire protection systems. It was the City Council ’s intent in 1983 to recognize all existing uses on Big Island, and issue lot area variances and CUPs for existing principal dwellings, guest cabins, day use recreation areas and overnight camps. City Planner A1 Olson created special apolication forms tor the principal dwelling use and guest cabin CUPs, of which there were a significant number, but made no special application for day use recreation areas or overnight camps, of which there were one of each. Rather, he wrote a letter to the Power Squad on requesting specific information in order to draft a CUP resolution acknowledging their exi.> ting uses. He assigned a file number to the Power Squadron application but never drafted the CUP, and, once he left the City, Application #792 was lost in the shuffle. It is staffs intent to complete the CUP review process and issue the CUP per the City ’s 1983 intent. Day Use Recreation Area CUP Requirements Exhibit J contains the requirements of Section 10.31, Subd. 3(C), the standards for a Day Use Recreation Area conditional use permit. Further, thatexJiibit indicates how the Power Squadron meets each of the requirements: Exceeds minimum 5 acre lot size requirement. Dry buildable area of 7.5 acres (gross area is 9 acres) would allow up to 150 users at one time per code (see discussion below). Lx)t width of 1,200 ’ greatly exceeds 200 ’ minimum. Annual joint use dock licenses obtained yearly since 1969. Historically licensed by City for 45 transient slips, equal to 1 per 50 ’ of shoreline. Maintains an established swimming area separate from boating areas. Maintains a vault toilet system which is pumped out as needed. No recent building pennits have been requested. A telephone is available at the site as required. Property does abut the lake as required. Property exists in a single tax parcel as required. Zoning Memo #792 April 12, 1994 Page 3 Additional Information Please review Bradley Hermans ’ letter regarding the types of activities which generally occur at the site. The Power Squadron has a reputation as a "good neighbor" to the boating public, providing a variety of service functions, and has used this site continuously since 1969 or earlier. The site is capable of handling a significant number of people on a short term basis. There is electricity at the site, and a 142' deep well provides water for users. A 1,200 s.f. canopied pavilion provides a shaded picnic area, and two storage buildings house property maintenance equipment. The pavilion is less than 75’ from the shoreline, but is a legal non-conforming structure, with a building permit approved by the Council in 1972. The 12 seasonal docks at the site are stored on the grounds in winter. There is a permanent dock at the rear of the property also used on a transient basis. Area-to-User Ratio The Power Squadron historically has had 250-350 family-unit members, and did so prior to the 1983 ordinance. Their use of the site on a number of occasions in any given year e.xceeds the limit of 20 users per acre we would impose on any new user applying for a CUP. As ma^^ «• 200-300 or more persons have successfully used the site at one time A number of factors majr suggest that the City should not strictly limit the use of the site to 150 persons: • This level of use pre-dates adoption of the RS ordinance. Power Squadron is not a new user. • All adjacent land is owned by Hennepin Parks and is not available for purchase, hence there is no expectation that the site can be expanded to meet the 1983 standard for more than 150 users. • Section 5.25 "Shows and Large Assemblies" Subd. 7 provides that incorporated non-profit organizations are exempt from the requirement to obtain a license for a gathering of more than 300 people. • Power Squadron does not want to be in a position of having to obtain ’permission ’ to do their normal and customary activities which may include more than 150 users. • Power Squadron has apparently done a good job of handling large crowds and has not created problems . . . Staff Recommendation The Power Squadron appears to the meet the requirements for a day use recreation area conditional use permit. The City has received no C' nplaints regarding this use of the property. Zoning Memo #792 April 12, 1994 Page 4 Planing Commission is requested to consider recommending approval of a Day Use Recreation Area CUP per the specific conditions of the draft resolution attached. These conditions are open to discussion. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR DAY USE RECREATION AREA PER MUNICIPAL ZONTNG CODE SECTION 10.31. SL’BOrVlSION 3(C) FILE #792 WHEREAS, Minnetonka Power Squadron, a nonprofit Minnesota corporation described as: Tract A. Registered Und Survey No. 1294. Hennepin County. Minnesota (hereinafter "propert>’"); and WHEREAS, pursuant to Section 10.31. SuM. 3(C) the applicant has submitted the requested iSS retiew of a conditional use permit for Day Use Recreatton Area with occasional overnight camping. Minnesota: 1. 2. 3. NOW. THEREFORE, BE IT RESOLVED by the City Council of Otono, findings This application was reviewed as Zoning File #792. The property is located in the RS Seasonal Recreational Zoning District. Ovono Sc2 section 10.31. Subd. 3(C), adopted by the C.ty Counc' requires that a conditional use permit be obtained for any day use recreation and provides minimum standards for approval of such use. The Mirmetonka Power Squadron has operated a day u« occasional overnight camping at the ptopetty contmuously since 1969. Page 1 of 7 A The applicant has made certain improvements to the property since 1969 nlnic pavilion and vault toilet facility (1972) and a pnv^e ^11 (1985). >wLdditional storage strucmres are located within the > naviiinn is considered a leaal nonconforming structure since it lega y less ih>n 75’ from .h. shoreline prior .0 edopuon of hardcover and 75’ lakeshore requirements. < s^rtinn 10 31 Subd 3(C-1) requires minimum of 5.0 acres dry buildable area TZ «« rlae^l «a. gross lo. area of dre pro^^ " 9 acres, of which approximately 7.5 acres is considered dry buildable. thus meeting the minimum acreage requirement. £. Caa/'ttnn 10 31 Subd 3(C-1) also requires a minimum "lot area-to-user ratio of rnl?20 ’uLr“’ uSer Uiat sta^ard. the code would allow up to 150 users in the moperty at one time. All abutting adjacent land is owned by the Hemept Parfe, and tterc is no adjacent land available for acquisition by the applicant. 7 The Minnetonka Power Squadron by-laws set no limit on members. The average number of members (family umts) is 2 ^ Therefore the potential exists for the number of users at any given exceed 150 ^cause the Power Squadron is a nonprofit orgamMtion. i technically exempt from the provisions of Municipal Code Section 5.25 " for Zs and large assemblies in excess of 300 persons at one time. 8. Lot width at the shoreline exceeds 1.200’, and meets the minimum lot width requirement of 200’. 9 Minnetonka Power Squadron has annually obtained a joint use dock ««'«e from 0^1 City and from the LMCD since 1969. The property contatns approxuna ely 2 250’^f shoreline and has historically been licensed for the 45 tramient slips this storeltae SS* would allow at a level of 1 slip per 50’ of shorelme. 10. The Power Squadron’s published rules for Streater Cove confine swimm’ g the beach area, which is designated by buoys. Page 2 of 7 11. The property contains a vault type toilet system which is pumped out as required. The history of maintenance of said system indicates that it meets the intent of c sewa§e treatment provisions of Section 10.31, Subd. 1... 12. A telephone is available at the site. 13. The property exists as a single tax parcel which abuts the lake. 14. The Orono Planning Commission reviewed this application on April 18.1994 and recommended approval based on the following findings; A The site containing 7.5 dry buildable acres is large enough to support a day use recreation area and occasional overnight camping use without ^y adverse effect upon the lake or upon the adjacent wetlands located within the northern portion of the property. B The continued use as a day use recreation area will have no negative impact upon the neighboring adjacent properties nor on nearby properties. C Based on the historic and expected continuing level of use, the fixe protection system developed by the Orono staff for Big Island and the Streater Cove guidelines established and published by the Power Squadron for member use of the site will provide the necessary precautions to maintain the public safety and welfare. D The historic and continuing use requires no variances to the required standards set forth in Section 10.31. Subd. 3(C). (Alt.: Grant variance to allow uses In excess of 20 users per acre?) E. The Minnetonka Power Squadron provides a significant public benefit to the lake by fostering and encouraging seamanship and safe boatmg practices. Additionally, the property is occasionally used by educational, research and civic organizations. 15 The City Council fmds that granting a conditional use permit to allow day use recreation area with occasional overnight camping will not be detrimental to the Page 3 of 7 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 ns use depreciate surrounding property values and that the proposed level of u^jf the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 16 The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff ^d comments of the applicant and the affect 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 I day use recreation area with occasional overnight camping at 510 Big Island (Record Lot 5) for Minnetonka Power Squadron subject to the following conditions: Minnetonka Power Squadron shall be limited to 45 slips at the existing seasonal docks. Applicant shall obtain the required annual joint use dock license from t e City and shall meet any multiple dock requirements of the LMCD. All dock slips are considerwl transient rather than permanent mooring slips, but tms shall in no way prohibit the occasional overnight docking of boats for overmght camping purposes. Applicant shall provide transportation to the property for annual inspection of the existing sewer facilities and fire protection facilities for compliance for the minimum requirements. Applicant shall provide fire protection for any camp fire rings at the site. Such protection is subject to the special standards developed for island recreation areas by the City of Orono’s Building Department. This protection shall consist ot a supply of sand,_w„ater, bucket and blanket._____________ 1 2. 3. •. I Page 4 of 7 4. 5. 6. ATTEST: Authorities granted by this resolution are granted specifically to the Minnetonka Power Squadron or any of its affiliated organizations. Any transfer of ownership of the property shall result in automatic expiration of this permit and the new owner shall apply for a new conditional use permit if a day use recreation area is proposed. Violation of or non-compliance with any of the terms and conditions of this resolution shall constimte a violation of the Zoning Code, shall automatically terminate any authority granted herein and shall be punishable as a misdemeanor. The undersigned representative of Minnetonka Power Squadron has read, understood and hereby agrees to the terms of this resolution and on behalf of the Minnetonka Power Squadron, its 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___day of 1994. Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Authorized Representative of Minnetonka Power Squadron Page 5 of 7 A STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this _— day of , 1994. by Edward J. Callahan, Jr., Mayor & Dorothy M. Hallin. City Clerk of the City of Orono, ’a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 7 STATE OF MINNESOTA ) ) COUITTY OF HENNEPIN ) ss. On this dav of , 199___, before me a Notary Public and who executed the foregoing immiment. and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. 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 instmment. and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 7 of 7 CITY OF ORONO CITY of ORONO Post Office Box Crystal Bay, Minnesota 55323 • Municipal Officea On the North Shore of Lake Minnetonka May 25, 1983 » /»».<*/ Minnetonka Power Squadron c/o Dr. Louis Schricker 4829 Minnetonka Boulevard Minneapolis, MN 55416 Re: Big Island property - Record lot #5 Gentlemen; The purpose of this letter is to provide you with information regarding the recent zoning changes on Big Island. Attached is a complete copy of Ordinance #246 as adopted last December 30, 1982. The Power Squadron's non-residential use of this property has existed as an unlisted, non-conforming use under all previous zoning ordinances for the Island. The new "RS" Seasonal zoning now includes special provisions that specifically authorize this type of property use on the islands as a conditional use permit. As discussed at the various meetings, it was the intent of the Council and this ordinance to recognize and authorize your type of property use and to use it as the basis for developing standards to apply to any similar property uses that might occur in the future. Please refer to ordinance section 34.363(c) for specific regula­ tions now in effect. As with other conditional use permits, and pursuant to Minnesota Statutes 462.3595, a formal City Council resolution (permit) will be adopted and filed in the chain of title of the property to specify the nature and extent of existing use. In order to expedite this work, would you please take time to respond to the following as appropriate: - y' 1. Verify the correct tax parcel PID number as shown on the ' attached blue form (#1). You need do nothing else with this form unless there is an error nothing in the information shown. BUILDING Sl Z0MN(; - 473-7357 • ASSI-SSINC. ADMINISTRATION 4 FINANCE - 473-7358 PUBLIC WORKS - 473-7359 Minnetonka Power Squadron May 25, 1933 page 2 2. Is it correct that only active Power Squadron members (and their guests) use the property? 3. Please check the following list of permitted activities ' and correct or add t-o it if necessary: boating activities; swimming; fishing; picnicing; athletics (fields); nature trails; member meetings; occasional-and^ incidental overnight camping; others? f 'A , 1^4. The annual joint use dock license has been issued for this year and all recent years. There is no problem or question here. y 5. Swimming area: what type of safety precautions, equipment and/or supervision is provided? 4^-.- IcrTZ- ;((• ' ix ■ / ftfC^ 6. As discussed during the dock ..icense review, the ordinance does prohibit vault-type privys because of the general problem with pump-out maintenance on the island. However, we have been told that you do have a pump-truck come out over the ice every two or three years. Please verify the last date this occurred, and please be sure your pumper notifies the City of all future pumping. With this care and attention continued, the conditional use permit can be written to authorize continued use of the privy indefinitely. It certainly is located and built correctly and has been no problem to date. 7. Note that any construction project requires issuance of ap­ propriate building permits by the City inspector. 8. Is there telephone service available during the summer? ' The concern is that a phone be available for emergency calls, especially considering the swimming beach, athletic fields and the number of boats/persons present on the property at times of peak use. ja.? 9. What if any first aid supplies, fire extinguishers or similar emergency equipment is available?CN- 1/ 10. Finally, what is the typical calendar of use each year? Is there any winter use? When does seasonal usage begin? When do scheduled activities normally occur, if any? (You can be quite general here if need be; the purpose is to be able to define your use in written form for the permit.) Thank you for your assistance in this matter. I apologize for the delay in getting this information out to you. On behalf of Minnetonka Power Squadron May 25, 1983 page 3 the City Council and Planning Commission, 1 want to take this opportunity to thank each and everyone of you whose interest and participation this paet year has helped so much in the com­ pletion of this planning process. I have certainly enjoyed m.eeting all of you and learning so much about your island. I hope this last step can be kept as simple as possible so that your oroperty rights can be correctly recorded for your future benefit. Please give, me a call if you have any questions. Sincer^y, Alan pyoison City Planner Enclosure APO:jl 1 CITY of ORON Of .■ ORONO Post Office Bo* 66»Cryslal Bay, Minnesota 55323*Municipal Offices 473-7357 On the North Shore of Lake Minnetonka ORDINANCE NO. 246 RS SF'.SONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983 This notice is provided to the ovr . -/taxpayer of record according to Ordinance #246, Section 34.336. The following Record Lot classification will be considered accurate and final unless you have some reason to dispute the facts used to make the classification. Record Lot identification forms the basis for the granting of automatic lot area variances that "Grandfather" existing properties of less than 5 acres in area. RECORD LOT means all the contiguous or abutting land owned in common by the same pvrson or persons as of November 9, 1981, (the effective date of the island moratorium) or at any time such common-owiiership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, also included within the definition of a "Record Lot" is commonly-owned land that is contiguous except for being separated only by platted unopened public right-of-way. Mir.n°eton?;a ^^ower Squadron c/o Dr. Louis Scbricker 4829 Minnetonka Blvd. Minneapolis, MN 55416 This RECORD LOT consists of as follows: 1 _ _ tax parcel(s) APPROXIMATE SIZE 9.C ACRES f CUkSSiriCATION; (size is exclusive ol sny wctlardsi OVER 10 ACRES, (nay b-? SUBDIVIOABLC) OVER 5 ACRES, but LESS THAN 10 ACRES (conforming but not SU3D1VI0ABLE) SUBSTANDARD/BJILDABLE (less than 5 acres; a new seasonal cabin may be built, or an existing seasonal cabin may be improved, added-onto or replaced, subject to setbacks, permits, etc., but without requiring further City Council review) UNBUILDABLE (means a vacant lot of less than 1/2 acre; may be used for recreational purposes EXISTING USE CLASSIFICATION _^RECREATIONAL USE ONLY (without a cabin; _ _SEASONAL CABIN, used 180 days or less/year (if your cabin is useo more than 180 days/ year, please complete the YELLOW application) Seasonal Cabin plus a PRIVATE GUEST CABIN without a cabin, but requires a Council approved variance to be built on) Other CONDITIONAL USE ^ ^ ^ \ PLt.'‘^E VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there *iE an error or a change, please m..rk the correction and return this page to the Citv in the enclosed postage- paid envelope. We want this permanent record to be correct. IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR PROPERTY, you must file a formal written appeal before July 1,1983 , or the record lot yiXl remain classified as above. Sign below and return along with a separate letter stating the problem and facts supporting any change. Additional information may be requested to verify any challenge such as surveys, utility bills, copies of recorded deeds, etc. ^ H . ti Minnetonka ^^Power Squadron A OMIT or THE UNITED rTATM POOftm MOAONONS June 17, 1983 Mr. Alan P. Olson City Planner City of Orono PO Box 66 Crystal Bay, MN 55323 ! Re: Big Island Property - Record Lot #5 Dear Mr. Olson: I am writing on behalf of the Minnetonka Power Squadron in response to your letter of May 25, 1983. For ease of reference I will number my responses to correspond to the numbered paragraphs in that letter. 1. The tax parcel identification is correct. 2. Yes. 3. In addition to the items listed we sometimes Lave instructional and safety courses for members and guests. 4. No response required, 5.The swimming area is roped off and marked by Coast Guard approved buoys between two docks. While there is no formal life guard in attendance, parents are expected to supervise their child­ ren when swimming and benches are provided for their use. Boats are not allowed in the swimming area and swimming is not allowed in the docking areas. 6.There seems to be some confusion here. We do not have a sealed vault system. Although the pit has concrete sides, the bottom is not solid and therefore pumping is not required. 7. Noted. Mr. Alan P. Olson - 2 -June 17, 1983 8. We have telephone service during the summer months (474-3103). In addition, several member boats are equipped with radio-tele ­ phones. 9. Although the island equipment does not include fire extinguishers and first id supplies, these items are readily available on members' boats. 10. A typical squadron year includes islan ’^ activities during the months of April through October. There are no scheduled activities during the other months of the year. Enclosed are copies of our 1982 and 1983 calendars of events with scheduled island activities highlighted for your reference. Also enclosed is a copy of the 1983 Directory of the Minnetonka Power Squadron. I invite your attention to pages 42, 43 and 44 which pertain directly to our facility on Big Island. Thank you for your assistance and cooperation. We believe that the goals and desires of the Minnetonka Power Squadron are completely in agreement with those of the City Council and Planning Commission with respect to the present and future use and enjoyment of Dig Island. Robert W. Snook Flag Lieutenant RWSrbar Enclosures mitii£TOMCA POKR SQUADRON 1982 CALENDAR OF EVENTSWARCH 2 Executive CMalttce Meeting (19M) IS Instructor QMlIfIcatlon Class Starts APRIL I General Meeting (1930) 2,3 District 10 Spring Conference - Hadlson, Wisconsin 19 Navigator Class Starts 20 Operations Training Class Starts MAT Work Party • Big Island (0900) 3 Public Boating Class Exaalnatlon 4 Executive COMlttee Meeting (19301 B' Work Party - Big Island (0900 > Rain Date) 8, Fitting Out Party IS Work Party - Big Island (0900 - Rain OaU) 20,23 Spring Coveming Board Meeting - Washington, O.C. 29.30.31 I Sleep Out - Big Island 30.31 ' Pancake Breakfast - Big Island (0900) JUNE 3 General Meeting (1930) )9 New Meiiber Recognition - Big Island JULY 3.4.5 4 4.5 13 24 3 21 Sleep Out - Big Island Squadron Picnic - Big Island (Children's Day) Pancake Breakfast - Big Island (0900) Executive COMlttee Meeting Luau Party - Big Island AUGUST Executive Camlttee Meeting Rendezvous Party MINNETONKA POWER SQUADRON 1982 CALENDAR OF EVENTS24,5,4 5,6 9-12 13 13 13 13 13 2 5 16 23 23 4 5,6,7 15 22 7 II SEPTEMBERGeneral Meeting (1930)Sleep Out - Big Island Pancake Breakfast - Big Island (0900) Fall Governing Board Meeting - San Antonio. Texas Public Boating Class Starts Piloting/Seaman Class Starts Advanced Piloting Class Starts Engine Maintenance Class Starts Instructor Qualification Class Starts OCTOBER Fall Island Party • Big Island Executive Committee Meeting Work Party - Big Island (0900) Work Party - Big Island (0900 - Rain Date) Lay Up Party NOVEMBER General Meeting (1930) District 10 Fall Conference • Sturgeon Bey. Wisconsin Dues Notice Public Boating Class Examination DECEMBER Executive Committee Meeting (1930) Children's Holiday Party 1 6.7,8,9 13 15 17 17 24 5 7 14 14 14 JANUARY 1982 Dues Past Due National Annual Conference - Miami Beach. Florida Annual Meeting and Election (1930) Dues Deadline PHotlng/Seanan Class Starts Advance Piloting Class Starts JN - Class Starts FEBRUARY 1982 Change of Watch Public Boating Class Starts' Weather Class Starts Sail Class Starts Narine Electronics Class Starts HiNHtTOWU POWER SQUADROW 1983 CAIENOAR or EVENTS mNNETOlilCA POWER SQUADRON 1983-4 CAIENOAR OF EVENTS7IS.16 12 A 19 18 23 30 5 7 7 9 19-22 27-30 29.30 2 5-11 6 18 1-4 4 3*4 14 4 6 22 A 29 I 2-S 4.5 7-10 APRIL 1983General Meeting (1930-2200)District 10 Spring Conference - Oshkosh, Wisconsin New >iember Orientation (Tuesday Nights)Operations Training Class Starts Work P§rty - Streater Cove (0900-1600) Work Party - Streater Cove HAY Executive CoMilttee Heeting (1930) Fitting Out P*rty (1870) Public Boating Class E»aii.lnit1on Spring Governing Board Meeting - Cincinnattl. OH Sleep Out - Streeter Cove Pancake Breakfast - Streeter Cove (0900-1100) JUNE General Meeting (see TONKA wauts ) National Safe Boating Week IQ Class Starts New Hember Recognition - Streeter Cove JULY Sleep Out - Streeter Cove ^uadron Picnic - Streeter Cove (Children’s Oav 1300-i6001 Pancake Breakfast - Streeter Cove (0900-1100) Executive Conwlttce Heeting AUGUST Executive Coawittee Meeting Cove (see TonkaNAUTS)New Member Orientation (Monday Nights) SEPTEMBER General .feting (1930-2200) Sleep Out - Big Island Pancake Breakfast - Big Island (0900-1100) Fall Governing Board Meeting - Orlando, FL 121212121212 6 22 29 3 4.5 12 IS 21 1 11-14 15 16 16 21 6 13 13 20 3 8 Public Boating Class Start!Piloting Class Starts Seamanship Class Starts Advanced Piloting Class Starts Engine Maintenance Class Start!Instructor Qualification Class Starts OCTOBER Executive Committee Heeting Work Party - Big Island (0900-1600) Work Party • Big Island (0900 - Rain Date) NOVEMBER General Meeting (1930-2200) District 10 Fall Conference • Wisconsin Lay Up Party Dues Notice . Public Boating Class Examination DECEMBER Executive Committee Heeting (1930) JANUARY 1984 Dues Past Due National Annual Conference - Miami Beach, Florida Dues Deadline Seamanship Class Starts Piloting Class Starts Annual Meeting and Election (1930) FEBRUARY Public Boating Class Starts Weather Class Starts AP Class Starts Sail Class Starts MARCH Change of Watch Executive Committee Meeting (1930) Telephone 473-7;«7 CITY OF ORONO5 _ CITY of ORONO Poet Office Box 66*Crystal Bay, Minnesota 55323*Municipal Offices On the North Shore of Lake Minnetonka June 21, 1983 Mr. Robert Snook, Flag Lieutenant Minnetonka Power Squadron 5628 Johnson Drive Edina, Minnesota 55436 Re: Big Island Property - Record Lot #5 Dear Mr. Snook: Thank you very much for your prompt and complete reply to my May 25, 1983 letter. I will now begin drafting the actual conditional use permit for this property cased on your information. As soon as I am able to iicV'' done, I will be sending you a draft for the Power Squadron's review and agreement prior to the time that I ask the City Council to approve it for recording. Sincerely, /■> City Planner APO/ams \ (0 FILE #792 MINNETONKA POWER SQUADRON Property Owners List 2-28-94 Listing 22-117-23 13 0006 HENNEPIN COUNTY PARK RESERVE DISTRICT RT I BOX 296 MAPLE PLAIN MN 55359 22-117-23 14 0003 HENNEPIN COUNTY PARK RESERVE DISTRICT RT I BOX 296 MAPLE PLAIN MN 55359 22-117-23 13 0001 TRISTIN O. ERICKSON 4567 W 78TH ST MINNEAPOUS MN 55437 22-117-23 14 0001 HENNEPIN COUNTY PARK RESERVE DISTRICT RT I BOX 296 MAPLE PLAIN MN 55359 22-117-23 42 0002 TRISTIN O. ERICKSON 4567 W 7«TH ST MINNEAPOLIS MN 55437 22-117-23 13 0005 TRISTIN O. ERICKSON 4567 W 78TH ST MINNEAPOLIS MN 55437 22- 117-23 14 0002 MINNETONKA POWER SQUADRON % JEAN S. PETERSON 1758 ESSEX RD MINNETONKA MN 55305 23- 117 23 23 0028 I. MARGARET SCHEFTEL P O BOX 176 EXCELSIOR MN 55331 23-117-23 32 0018 TED R. HANNA 14115 KNOLL WAY DR S MINNETONKA MN 55305 23-117-23 32 0062 JOHN & CELIA PANOZZO 857 40TH ST CLAYTON Wl 50004 . .L CiCIO)0) I 53 !Sr.^ . ....wo. .- z»*iJ \ rrT" _m^m li^ 320.T$ 1294 ,(«»-..-5T- 4Poc/<? 7 HAlU PJCIC9 ''^v^ImMiiOO poCKS 4 pocK.5 MTM P^H/Cfc sq^iMPROo 14-0002. © TUtfn? u>^T 1^^ •*. — *___ ^1 t } Z V MNj - --»* n «*iii*v^y^ ....... 5^21^* ' — Jqn ^ -----r \ J _M_ \V \ \ / »ja*w.«(a tlORK 861^Af“•StofS Pavab ^c in ON WITHIN OesCRIBCO RAOPCRTV arr paio >H- Iv min ’I U94 6, rv K ik ‘ ? ba I} ' i ^ lio F ^/ / - * i U " r-^-v rfl ‘i. -' ^ 1 *i. i L »' > ^A»f^Jbt0 c #^11 ’ I' iif i \ I .'I . I 'I AW A ap «ARw>y/WV(W4 _ Ar^PR ft.Tur$fttfm -f^ • - , • ''/fT ^) * •.j; • f ^ S ‘ !••• ■ hr. - "! '4 r -i^ s w />^ / -s; s aSiCfSK ■;>L ; - • m^m LMtC£ lU ^ Xr^lii*'' '>'j.‘■ •' • •* slBiioCrSHaO Klv'lr.'X/' X’:'■ ‘.:'• ■ liMfr p/ppWiiNt t f»g.49MU0k>¥ *tp>r> /M9 AW •**, JEijp/pAiA*)*' t9,/9C9 <wtA«Mr<t m mthmMyrmyf r«Mr<W^ ^MiytMMPPoM A«^ mitki Jtm. . . 'JlI • “ ' 4f/4f^£r0iV4r4 I of 1949 M MMBdtdf of HbUMOOUf to wiii ^ !x all la bio B. fli •• ■■ ■ ^; ?t« r' -T»--f-r>'|ro1^-. jf» '‘ '•»■■', ■■ ,•*'>"■ <-•■ ’• -.................... * ■..>•: 'jj?-r ^ ^ ^ te :-;X:5 C ■^:: 4 traoi ot;Ui4 la ttolAlof;3pir*i' to 'vi|^W9B^ of J^fiotfar of 1itloa» Couatj of l!ooM|da» •»<■ «■ w*«sn- VMi of ttio 9M VHaelrol ttorlBUnt Ijrlac fotilterly of tbo foUoirlac* tm‘JMi^tao of 0014 Coootwat lot 3 41ataat 180 foot Bortli of tlio faot qoor* i lOMTiiM^^ «dU ^ liatorlj oxtoaoioa of U m Soatli Uao of ool4 IVoot ^^IpMriaf of liOt Tor nnpoooo of tbio 4oooripiioof tlnaeo fortlnottrly btSD^foot^ loftli'br tte toutbooat eoraor of' sold t)rBot‘'Cr9MW*8o«Ui ~iH:4V4li < ,,f>: :r^ V*'- I • • A •fooi Xiao w., o^ llio?fotolM llbol CdMoaoiof ot sold iMt quottor oonori Uj^liyaUaO^of 840 foot U tte peUt of tectaali^ of tlio ISao telaf K f oad thoTo oodtnfi o^ ttet tte ourvoy oh •S’f' •: .y :»r*I *t T i I Gordoa I« Coffla Load OunroTor oad f Long late* Maaoaoto lif. Bb. 4064 voo oppooood oad ooooyted liy tte Vtllofo C oudc U of Orono» Ntaioooio, thio day of AoB« X9(9o VaUGB OOUMCIL GT OKMO, MUll r. '•■•Siij¥sX' :^'^«Wd *MHpt A l pirw *• oouiicit cr ORoiio. ndubsoe ^^ id oDprcood. Kb dotoraitetloa' h^ h 'f“’ VTT r-• ' 4.*t«.1 REQUEST FOR COUNCIL ACTION DATE: 3/21/94 ITEM NO.: Department Approval: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator Item Description: Joint Use Dock License - Minnetonka Power Squadron List of Exhibits A - Section 10.31, Subds. 3(C) and 3(D) Section 10.31, Subd. 16 - 17 - 18 Section 5.42 B - Correspondence 5-25-83/6-17-83/6-21-93 C - 1983 RS District CUP Application (principal dwelling/private guest cabin) A question was raised at the March 14th Council meeting regarding wheto the Power Squadron’s occasional overnight camping use by members changes the status of their docks from "transient (day use only) .slips" to "permanent moorage slips". Councilinemb'-r Hu^ that if this is the case, their application and license should reflect that fact. I had not had a chance to thoroughly research the issue, but after a brief look at the code during the meetmg I did note that a "day use recreation area" conditional use permit might be required. Having now had a chance to research these issues, I would note the following. 1 In the Joint Use Dock License ordinance (Section 5.42), transient slips are defined as those "on land or water used for the temporary storage of many different boats for short periods of time". Permanent slips are defined as those "on land or water used for the storing of a given boat on a long term or yearly basis". The license application requests numbers of "transient (day use only) slips and "permanent moorage slips". The "day use only" qualifier is a misnomer. Although this wording has appeared on the license application since the 1970 ’s, it is consistent neither with the license code definitions nor with past City policy. A slip used for occasional overnight camping but which is not for season-long use of an individual specific boat, is a transient slip by definition. Therefore, the application was filled out correctly. The City has historically charged a $2 annual "slip fee" for permanent slips, no fee for transient slips. Request for Council Action continued page 2 of 3 March 21, 1994 Joint Use Dock License - Minnetonka Power Squadron 2.A review of the code and discussions with the City Attorney yield the conclusion that the Power Squadron is required to obtain a Conditional Use Permit. Section 5.42, Subd. 5(B) requires that "any joint use in the RS Zoning District by a not-for-profit organization or association providing transie.u boat slips for stake holders of a property used for dav use recreation or overnight camping purposes shall be allowed only in conjunction with a valid conditional use permit. . .". This language was added in 1993. Review of RS District, Section 10.31, Subd. 3(C) "Day Use Recreation Areas", copy attached, suggests that this js the appropriate fit for the Power Squadron’s conditional use permit. The other possibility, "Overnight Camps", Section 10.31, Subd. 3(D), is clearly intended for organized long-term overnight camps such as the Vets Camp or a scout camp situation. The Day Use Recreation Area category does allow "overnight camping only on an occasional and incidental basis'. This appears to be the degree of overnight use historically occurring at the Power Squadron property. The performance standards for this conditional use were likely drafted with the Power Squadron in inind. It was the City ’s intent, as noted in the letters referenced below, to issue CUP’s to existing users, acknowledging their rights to continue in operation. Additional research discovered the attached May 25, 1983 letter from former City Planner Alan Olson to the Power Squadron regarding their CUP (to be granted at no charge for existing uses), their June 17, 1983 response, and a June 21,1983 confirmation by Olson that he would "begin drafting the actual conditional use permit for this property based on your information. As soon as I am able to have this done, I will be sending you a draft for the Power Squadron’s review and agreement prior to the time that I ask the City Council to approve it for recording." These three documents comprise the entirety of Zoning File ftl92, leading me to conclude that before he left the City in October 1983, Olson did not draft such a CUP resolution and this application has never been followed up. According to additional information in the RS ordinance file, the CUP’s were to be reviewed by Planning Commission and Council under the normal procedure. 1 also reviewed the RS District "nonconforming" use section to determine its applicability to the Power Squadron. It requires tliat "all existing uses of land or structures which may be made nonconforming by adoption of this section shall be discontinued and or made to be in full compliance with all use and performance standard requirements of this section within a period of seven (7) years from the date of adoption, not to extend later than January 1, 1990". Note that the Power Squadron’s use is not "nonconforming'', because it is an allowed use via a conditional use permit. The only "nonconformity" is the lack of a valid conditional use permit, which the Power Squadron applied for in Request for Council Action continued page 3 of 3 March 21, 1994 Joint Use Dock License - Minnetonka Power Squadron response to Olson’s request in 1983. Therefore, issuance of a conditional use permit will bring the Power Squadron into conformance with this section as well as with the licensing ordinance. A copy of this memo and attachments has been mailed to Bradley Herman (the Power Squadron ’s attorney) and I have discussed this matter with Herman and Commodore Bob Stiema. Recommendation 1. The Joint Use Dock License application form should be revised to incorporate the definitions of transient slip and permanent slip, and the term "day use only" eliminated for clarity. 2. In light of Alan Olson’s clear intent to draft and have Council adopt a conditional use permit for the Power Squadron in 1983, it would be appropriate for staff to reconfirm that the Power Squadron ’s use is identical to that as indicated in 1983, and staff should then draft such a conditional use permit resolution as originally intended. A public hearing will be scheduled for the April 18th Planning Commission meeting, with final Council action on the license and CUP on April 25th. This delay in issuing the actual license is a technicality the City should have resolved ten years ago and should not prohibit the Power Squadron from continuing its normal schedule of activities this spring. 3. Unless Council directs otherwise, staff will proceed with items 1 and 2 above. .X BRADLEY S. HERMAN attorney at La\W 607 Marquette Avenue Suite 300 Minneapolis, Minnesota 55402 (612) 332-4455 FAX (612) 344-1660 RECEIVED APR 8 1994 CtTY OF ORONO April 7, 1994 Mr. Michael P. Gaffron Assistant Planning and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota VIA FACSIMILE AMD milTED STATES MAIL 55323 RE: Conditional Use Permit For The Minnetonka Power Squadron Dear Mr. Gaffron: Thank you for providing me your memo of March 21, 1994 and the associated docximentation. Your cooperation and consideration is certainly appreciated ~ not only by me, but all members of the Minnetonka Power Squadron Executive Committee. It is my understanding that you are currently drafting a conditional use permit ("CUP”) covering the Minnetonka Power Squadron's use of its facilities located on Big Island. It is further my understanding that you will provide me a copy of the proposed CUP for our review prior to th« submission of same to the Planning Commission. In order to assist you in drafting the CUP, I would like to provide you with the following supplemental information: 1.While it is true that only active Power Squadron members and their guests normally use the property, there are occasions when we allow other groups and organizations, from both the public and private sectors, the use of our facilities. These organizations have included the Boy Scouts of America, Freshwater Institute, the Hennepin County Sheriff's Water Patrol, Aquatennial personnel, and the University of Minnesota. In most instances, the use of the island is in conjunction with educational, research and civic functions. - -T r—•, •.*»- -,^ . .M V .*Ai 1 2. Permitted activities should include instructional and safety courses, as well as social activities. The physical facilities include two storage sheds, the privies, and the pavilion. The Minnetonka Power Sguadron is based upon three principles! education, civic service and fraternal. The vast majority of the activities conducted at our facility on Big Island have a basis in at least one of the aforementioned principles. I look forward to hearing from you at your earliest convenience. Very truly yours. BSH/kjh cc: Cmdr. Bob Stierna cn H*CA 0 fB tr ir*r<(A fB p C Hi X K 0) fB P* 0 ^ Hi 0 X- 01 01 rr 0 fB fB {B fB hi H H* 0 H Ol fB H H 3^ < P H* Qi cu H a 0 „ H* cr cr • 0 H CA 0 CA H (B 0 rt 3 rr3 ID 3 Q) •0 rt (D !l fB to3CA n3 a 1^ M 0 0)01 M S 0 ^0 P 0 CA H p* 01 Hi fB 01 rt H* fB •° 5to^.fB fB Ufa M Oi *2 2 n 22 ID 0 ^* rt • r-n O 3 oi. o 3 Dcn (D rr Ic to 3* ID 0 ° 0 g 2» t-3 0) IQ 2 3* rtP hi 1 *B fD H* Qj pr ^ 0 n (B s ite se eq u ireiswimmi tr a f f i ed as mclub, >ck l i e n D istr number of shefB {B 0 P ^ iQ rt ^ H- »> ID 0 0 3 0) P iQ {B H ™ fT lA W ft fB (A ft 01 ^ fB H H P! 9 H* ID lA 3 J]* 0 fB JT* {B Hi 0• 0 P M 2 Q. o 3 "H- O“•E5 =g-S^-o 0) fu n ^ rr rt- H rr^ w 0,K gh- H 2 G) M^ . 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W H 3 2. O a2 ^ H.<*" 3 H3fBX-rJ HH* 9 HH-pCACAi<OCA rr'Q £ OIO^ |D rt^oi P0»C oifoo p*(Q p cro P CA 0» P CA c 0 fB fB ft (B ft Oj fB Oi H* cn3o p o ^ tl CA ft tl c o ft c tt fB Oi^ *0 tti CA I :s cI 1 Z I '\/3 I z :! o } vt (P V» Dr $ r ■3 ;i!'r r-w* , * Yiil L CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 t66T 6 yVW ANNUAL JOINT USE DOCK UCENSE APPLICATE Pursuant to Orono Municipal Code Section 5.42 CITY OF DTiOHQvjvi.wipr nccrrcI innnLu in i auQ i 717^nnnMi Ji WUV/WW 01 CEH TOTAL CHECKrucnr I1.U A RECEIRT-THAKK YOU U29S740 COOi ROi TIO: A 7 / V*iO / Vw*/ V// AC: /V“i t V • W' ffA m W Date Form Sent by City Staff December 15. 1993 Dale Application Returned to City------- Fee Received S By Employee a license therefor from the City. PI F« E COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION. REQUIRE ATT^CHME n Sd UCENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE UCENSE YEAR. a .s.sociation information 1. Association title or name (if any) IT) ILiUe TOC^ KR ~Pc>Uie R D^Op 2. Lake ff] \ Y) A E ------ Bay----------------------------------------- 3. Person responsible for this application: COO^K Name cJp/LU 'Pfit&rSon PbaK: !- ^h&Q_CP^id&) MaUing Address /7S8 i=SC,e)C___Ro/^D , mTRB.----- Relationship to association ---------- 4. Association is (check applicable items): unincorporated homeowner s group, incorporated Homeowner’s Association, unincorporated club or recreation group, incorporated club or recreation group. Page 1 of 5 5. 6. 7. 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. X 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 3 lO STS fCCnd Legal property description Bi^ Rd^CjO'rA L/t\- PID/S' AX-in-AB N QOO^--------------------------- Listed property owner(s) ff\! KO H 8. 7 Names of abutting lakeshore property owners: (North/WesO_______________________ (Name + Address) (South/East) 9. (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insuiance Coverage - The jointly used dock is insured by one of the following: ____ property owner’s homeowner’s policy. )C separate group/association owned policy. List the following information: Name of insured [)']{ CaCI f OD Name of insurance carrier Jln *^Ciy^Ci ir\(? P (5 t'C)CJ^ Name of insurance agency JTt)SU.rCi Ifld F^ofCI/^30rS Policy No. -~30(9 3 Effective date of coverage _ Amount of "overage: Publicliability, per person, per occurrence $ f)00^000. Public liability, per occurrence S SOOfOOQ Page 2 of 5 10. Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____ security lighting X property owner’s presence ____contract security service _____other (specify)_________________________ DOCK INFORMATION 11. List Dock Use Area Specifications: . E. K f) I bt't' ^ CiffC^h^Ci Width of shoreline: _________ft. Length of main dock from shore: _________ft. Dock setbacks from side property lines at shore:_________ft. and __________ ft. 12. 13. 14. 15. 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 aj/a m/a List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys -Q' Permanent moorage slips -O' Permanent moorage off-shore buoys -D' Dry storage (rack) slips - O "____ 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. KRQSIQN AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): )C stone rip rap ___ wood seawall ___ metal seawall concrete seawall grass and vegetation only other (specify) '7 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. 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. C. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: ’This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in_______(state year) and on file with the City." w 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. 3"^ 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 pi,ns SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy _____slips ® 2,00 each TOTAL DUE THIS APPLICATION $ $ $ $ 20.00 Page 4 of 5 :ORGE '0. HICKEY, AUDI I OR • I if • •.*•■ i-i - ;• .i COUM^MINN./M2ii€L '^MTi nEGI^EREO LaIUa ^;uhvk ]c NU.. kHNEFlM COUM'X, HUmESOTA payable inON WITHIN OCSCniBCO PnOPEHTY ARE PAID6.f).? •*>•* . •f ^ -Far/ lin^ cf Trod C t fOQi 4 T ihrf fmo of Coy*/ lo/ Sfdsoff 2Z. TU7H. /T/JIV' 4BT,0t lOf - p- : B. PRi^tMER or 2 oF<^t<irc HV. or GOV ^ ; IN sec. N P{.e3VV /nti 70 - -1 2t€iy sAorr/inO 4 of <Aaf?nr/ —^ 5 lit MKTA POWER SQUADRON STREATER COVE FACILITY >#/ J4 f#p ^rnn Co toti*tron mooymff%7 IW_rOeAjT^ ',.1^ • J^^'h " iPer^vc^ 1” a 100 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. Ihe City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new oi unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOv. K MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE kICENSE 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 K. Vi * Page 5 of 5 J 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) 925-3295 Kenneth A. 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 Wacertown Road Long Lalce, MN 55356 (612) 473-4757 Jean S. Peterson 1758 Essex Road Minnetonka, MN 55305-1829 (612) 546-3589 (home) (612; 941-9660 (WORK) 'M t7 «, CCl ••> • (i) ?<3 Or<Q,c/QB.tJ ' X^lei \. 1»*W ;M U*‘ .7 . I • ..ii 'X*«• •/• W'o:;•v'. •#• •• •• ; •••• •/I • / •*.N.N r I *.* • I. / , '•/•« •* • M *• •t • •49 ^ •1. I I .■ \ • • / I f.i* \ \ '.* \ V I i \ ^ •■•*•• •:■• \ ■• •• .:,••;• = ‘ jp. T ’ •' .. I - . \ •• • .. • ' ■■ I £ .j:-. ■ \ .. • • N'/ 2- n; • : 4 •? • • » m •K •0 I • ^ • / . • V ; U — N \ • ' / ..*/.• • '* V*' . r * • • iasf 6ilV - * S'* S • • •"t”" .1 -----r^=n=T^ -1*4* ' .• S'* i/ii'jj*)®*'* NO. • • c MIS'SS'C .. Z.KI-. •*'<•/?//*'••; * 1294 -i. •i • fin ^ y * s/'** * •. (3^®•• • • *• •• / . flrflMAa-'- • .* *. •s• ••%>1 • • S m (A ^ 2 X S U3 •s -' ! *. •‘ SJ D5- ALVER COUNTS HENNEA*' (NUMCRta viHfiai ,-o j? '^5 . H^-®* .• c I *Vl ! C Ii: (A lA . C •t? -A V/>« I *.'•i.*0 ‘ ^ ^ * IHTEnP.RETATIVE:DRAWIHC OF BIG ISLAND ’FACILITY VI . ... ^ w -r -III vH ; f >3 ' • • •• * • • • •Scale 1" - 200’’ exfii.M TO: FROM: DATE: SUBJECT: Jeanne A. Mabusth, Zoning Administrator Michael P. Gaffron, Septic System Inspector April 23, 1983 Power Squadron toilet facilities. Big Island Today I inspected the toilet facilities at the Power Squadron facility on Big Island, and wish to make the following comments: 1. The existing system consists of a concrete vault-type structure located 130 feet horizontally from the nearest lakeshore and with the pit bottom approximately 8 feet above the lake level. It appears to meet all location requirements of the new Island Zoning Ordinance. No water is plumbed into the facility. The superstructure consists of a wood frame building with separate Men's and Women's sections. 2. Tom Rossini of the Power Squadron stated that he believes the floor of the vault is cracked and some seepage is occurring as would occur in a standard outhouse. He also stated, and other Squadron members present confirmed, that the tank is pumped out every two or three years as necessary by bringing a truck out over the ice to pump it. Mr. Rossini stated that the vault system was installed some years back to meet State standards for a rest area situation. In my opinion, while the existing system appears to fall into a category somewhere between a "permitted outhouse" and a "non-permitted sealed vault", it is adequately meeting the spirit and intent of the law, if not the letter, and does not appear to constitute a health or pollution hazard as long as it continues to be maintained as it has been in the p ,.t. I will reiterate that the intent of the Code in "outlawing" vault outhouses on the island is because maintenance, i.e. pumpouts on a regular basis, is not generally feasible on the island. However, the Power Squadron has apparently been able to provide proper maintenance in the past. Note that septic tank - drainfield systems on the island will also require pumpouts on an occasional basis. I recommend that the City inspect the facility yearly, and that the Power Squadron be required to notify the City each time the tank is pumped out. As for the requirement that vault outhouses be removed by January 1, 1988 (34.370, section (b)4 ), the City may want to consider allowing existing vault systems on individual basis, taking into account the maintenance record and potential of pollution or health hazrds for each specific system and site, before making an across-the-board ruling. ON SITE SEWAGE TREATMENT INSPECTION REPORT CITY OF ORONO OWNER jZ^y/nr\ Lonr^krocL ADDRESS On the North Shore of Lake Minnetonka POST OFFICE BOX 66 1335 S. Brown Rd. Crystal Bay, MN 55323 473-7357 /J- Ss: tJLU PERMIT NO/S.DATES CONTRACTORS (Thifii ^ an exUtina tvstem □ new construction) H Q 1 Meeu or exceeds current City standards in all respect, relating to design, construction, and location. Appear, to be operating properly. construction (1978 Code) but in most respects appears to be designed, □ 2 S:^.r.nTcon^l^Td^^;^allri:^^^^^^ P-.ous code.. System appears to be functioning properly; no malor upgrading of the lyttem is required at this time. □ 3 2s:.2iy"a\''tr;r:i"^« rfr^i* * '* * current Citv Standards for design, construction or location, but is failing to properly treat and must be submitted for review. Your contractor must obtain a permit before work is started. system condition ( (Z Checked items may require your action) Tank inspection indicates: D Pumpout not needed at this time. □ Solids accumulation in tanks indicates they should be pump­ ed out this year to help prevent future problems. □ Solids accumulation in tanks is at a critical level. Tanks should be pumped out as soon as possible. □ System is discharging to suHace. Tanks must be pumped within 48 hours to eliminate surface discharge. □ Inspection risers miuing—tanks could not be inspected. Inspection risers (4" dia. pipe) must be installed in each unk at next pumpout. If tanks have not been pumped out within the last three years, they should be pumped out now. □ Inspection pipe is located directly over tank baffle. (Does not give accurate measurement of solids accumulation.) If tanks have not been pumped out within the last three years, they should be pumped out now. Orainfield inspection indicates: □ Orainfield is dry. no surfacing evident. D Some evidence of surfacing, not critical yet. □ Orainfield is saturated and visibly discharging untreated effluent to the surface. This condition may require replace­ ment or additions to drainfleld. Contact the City Inspector immediately. Repairs must be completed within 90 days. □ Orainfield extent and condition unknown. SITE CHARACTERISTICS: Limiting Site Factors □ Slope □ Soil □ High water table □ Lot siie □ Lake, wetland, or stream □ Drainage COMMENTS: Potential for System Failure (depends on soil types, water table, and system condition) ^ Low ® Medium □ High □ System is causing visible surface discharge. Site Capabitities for Future Expansion □ Adequate B^Fair □ Poor □ Inadequate Date of Inspection Septic System Inspector Not*: In Ih* event thet thi, in»p*ction report i* u«d to «ti*fy the requirement, of the edequaey thi, report doe, not guerentee or certify that *n existing sy,«m will continue to function properly, but of the lystem under current conditions based on the available information. Thi, report most be kept on the premise, with system location and pumping records. WHITE COPY / ln«>ector-s File GOLD COPY / Homeowner REQUEST FOR COUNCIL ACTION DATE C -4>» ^ ITEM NO.: Agenda Sect^: Public Works Department Approyal: Name John R. Gerhardson Title Public Works Director Administrator Reviewed: Item Description: Mn/Dot Agreement - Burlington Northern Bridge Enclosed for Council review and approval is an agreement between the City of Orono and Mn/DOT to act as the City’s agent to apply for bridge funding for the Old Crystal Bay Road Bridge. I recommend approval of the agreement, Bonestroo Rosene Anderlfk & Associates Engineers & Architects April 6, 1994 Otto G Bonestroa PE fioocft W 9o%tr^. PE • Joieptr C Anoeft4k. PE Mannn L SofvatJ. PE R<hjrd E Tumef. PE Genn R Cook. PE Thomas E Noy«v PE Rooen G khunicht PE Susan M Ebchm. C PA •Scmor ConsuRanc Howard A San/orir. PE KMh A Gordon. PE. Robert R PfeflWc. PE Richard W Foster. PE David O Loskoca PE Robert C Russek. A lik Jerry A Bourdon. PE Mark A Hanson. PE M<haet T Rautmann. PE Ted PC Fieict PE Thomas R Anderson. A lA OonakJ C Buigardi. PE Thomas E. Anguv PE. fsmaei Martmez. PE Michael P Rao. PE Agnes M Rmg. AIC P Ph*p J Pyne. PE Thomas W Pwerson, PE Mchael C Lynch. PE. James R Maiarsd. PE Jerry D Ppriach, PE Scott J Aiganek. PE rcermeth P Anoersoa PE Mark R RORv PE Mark A SeRX PE Gary W Monen. PE Oan«l i Edgerton. P£. A. Rick Sch/mX PE. Phip J Caswefl. PE Mark D VUami PE Miles B Jensen. PE L PhJhp Gravel PE. Karen L Wiemea PE Gary O Knstofcz. PE F Todd Foster. PE Keith R Yapp PE Douglas J Benox PE Shawn D Gustafson. PE CecAo Okvicr. PE. Paul G Hevef. PE. John P Goroer PE Charles A Enckion Leo M Paweisky HartanM Orson James F Engefhardi bece WBO R 1 2 W*'' eVTYOFOROHO Mr. John Gerhardson City of Orono P.O. Box 66 Orono, MN 55323 Re: Old Crystal Bay Road Bridge Our File No. 13953 Dear John: Enclosed please find two copies of the Agency Agreement. The City will need to approve the agreement and return both copies to Mn/DOT. The agreement will allow Mn/DOT to act as the City's agent for accepting federal aid. The City will receive $405,000 in bridge funds, based on the construction estimate. Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 7^ CrJl Glenn R. Cook GRC:pr Enc. 2335 West Highway 36 • St. Paui, MN 55113 • 612*636*4600 REQUEST FOR COUNCIL ACTION % ^ DATE: 4/21/9-^ ITEM NO Department Approval: Name John R. Gerhardson Title Public Works Director Administrator Reviewed;Agenda Section: Public Works Item Description: Brown Road North Feasibility Study Recently Council authorized a feasibility study for Brown Road North from State Highway 12 to County Road 6. Prior to the feasibilit)- study being completed, Glenn Cook, City Engineer, and myself conducted a neighborhood meeting to receive comments from the residents about the proposed project. There were six main concerns as follows: 1. Increased traffic due to new roadway. 2. Speed of traffic. 3. Safety for pedestrians as well as residents entering and exiting roadway. 4. The width of roadway. 5. Drainage. 6.Trees. Glenn Cook and myself have met at the site with those residents who have requested us to review a particular concern. The residents in attendance at the neighborhood meeting on April 6, 1994 presented a petition to keep the roadway width to 28 ’. Attached for Council review are copies of letters to residents, minutes of the meeting of April 6th, petition to keep the roadway width to 28 ’ and that section of our ordinance that pertains to use of a sidewalk or pathway. After hearing any and all comments, staff is requesting Council to direct the City Engineer to prepare plans and specifications and advertise for bids for a 28 ’ or 32’ residential design road with a bike path. i s a inrB^ORMATiaN MEEIING QN RECXDNS1KUCTON OF BROW. ROAD NORTH Apnl 6, 1994 An infonna^ion mee.Log regarding to County Road 6 during the ^ Gerhardson City Engineer Glenn Cook and meeting to order 3t 7i08 p.m. cook explained that the City has been stud^mg M^'^Sta^ that need upgrading. A capital ^ at the top of the list. The bridge on Old which the roads would be unproved with ^ considered in the near Crystal Bay Road is scheduled for Drive and parts of Watenown future are the bike path along Old in width with a driving lane in each Road. The standard that has . • accordance with MSA standards. Another direction and parking on one side, whi ^ pedestrian and consideration was to mclude 5. orass separation between the path andbicycle traffic. The road would take up 32 with a o f roadway and then a 4’ boulevard. Schroeder asked for clarifcacion of the cSlTtaCrfs fequhe”d to Ms" Sral-n^Ctty «„'t be Cosed in the spring of the year but there is a choice whether to include a bike path. cook discussed the construction of the road by «fendng^» overheads, “ced " water patterns with the grade generally g explained drainage to the creek constructed near the house ^at is a sto^ ^wer pipe under the road, area indicating that a catch basm wou pvistine storm sewer. He added that the curb on “ ;tl";a"d be" b^a’ outside of where it currently exists. This curb would be made of cement. cook continued that P-Poscd recdo^rfoa"^"^^ bituminous with 8 ’ wide shoulders) and 2 'A’ dnch. The trees are what keeps a 3^° ^TddUioMl V is needed for safety and curb and gutter that 2O' east of the center line must be removed. Cook signage. This means bamca ly any “ ^3 pl3„3„ nghtto-way where explained that to ^ be responsible for moving fences and maUboxes ai^ the spikes are located. The C ty removed, two may be replaced. kttotor“cu'venX ”^^^^ be Lnsmucled near the creek area. Near County Road 6, the 1 if iPflPcaavtv'naN meeting on brown road no for anyone with tree replacement questions. Schroeder asked if there was an option to not r^pondeTthti Schroeder asked why a parking lane would be C"nsid d^^ ^ ^ Parking", if the road is too narrow to allow parlong ^ = parldng may be needed by residents, not The Council felt there may be aeneral. Cook noted the parking lane would necessarily in this area but for all ^SA oads m ,h. be on the same side as the alon«r North Brown Road and questioned how Schroeder did not think many cars ,,3ponded that the road is designed for a parking lane would affect speeds on „ ^ ^ ^ parking lane only along portions of the existing beaver activity. Cook resp^ed » „ p„,erve. Robbins asked how proposed but wouid be an option if there P responded that the water levels would not much the water level could be Dickey Lake not from road runoff. She change much because the water b^ic y ^^5 concerned w‘th soil noted there would be a fair amount of t (approximately 50' from the end of the erosion. Cook explained there would be riP rap^P^^^. of the apron, culvert) to allow the water to diss.pam^ L « ^ responsibiiity She asked about mamtenance of the bike pam. ocr to maintain the path. Dale Lindquist, 780 B™wn Ro»d ttifd t^cViSiS to su^eT of the road would be done at a ^ curbing but to would be worked out with the not actually get into Ins „,onth From the time ±e blacktop is removed Annand Braclunan. 1990 West Fatm Road Jefthh ToTdid no” have a led that they didn't Umt could happen. Speed tom increase the speed limit. If the lull signage for the 30 mph speed lumt. • • i !/ii IF FINFORMA-naN MEEHNG ON REOONSTRUCnON OF BROWN ROAD NORTH April 6, 1994 plans to address dns7 Gerhardson oir/nd H to^elp decrease naffic on Brown Road and create some gaps to access Highway 12. main and cappmg it at this time P _„,hina nlanned at this time. A preliminary some fiimre time. next 2 weeks. A^lift station would be possible closer to smdy should be complete wi m gravity flow. Gerhardson added that it Dickey Lake as it makes more sense to work may be possible to tie into the system near Sugar Woods. George Johnson. 879 Nonh Brown Road, Slafu middle section of Brown Road, or wo • jpntc ask for it or there are many problems with is Orono's PhUosophy nouo ^ in dns existing septic systems, therefore .. wanted Citv water that could be considered, neighborhood. Cook added *at i e resi^ ^ Ses% bike pa.h would probably be lorn up ra.her than dte road, dohnson innuired what the present -ffic coun. - Johnson felt if J^^^"‘‘^°“^tor He did not link the 30 mph speed limit was being followed in the road's present condition down. Cook noted that speed limits. Johnson thought additional stop ^ constructed that would if Highway 12 remained m its present a^d would rather see no help change traffic patterns. assured him that safety would be better, improvement than no' to ^ ^ ^ 32* width aUows for more reaction distance, i.e. the bike path takes walkers f .f „,any cars currently travel at 40 mph under poor road conditions. C ^ Johnson and was concerned that the limit but would above that speed. rpcnonded that the City would have to request an 0,e speed limit could ^ raise^ ^"wSb^ aurmatn^^^^^^ He addedV. the increase in speed and he did not necessary to maintain the 30 mph limit. Cook-:drsp«draters^^^^^^^ ^ of driveways. wit sil of le“oad but the road would be centered in Ute ngh«f-way. ff^RMAHaN MEETING ON REOON^UCTON OF BROWN ROAD NORTH Apnl 6, Robbins asked if the City would fdl in wouU te "^ed" confirmed there would be grading as well as fil. „vei^existine trees to obtain the correct “r wr.dt1e".r - - - -- - covering with din and then replaced. Kathy Hayes, 2080 Salem ^;-e="rh:r ej^tS. to “ge rJfd b'e d'eafd.trl rnTpart! toward the road so it runs into the curb and down the gutter to the catch basins. Margee Bracken, 1770 West Farm Road ^ked where needed in ditches ruXeTif'^eTl/would" belem^ed'to pass in the parking lane. Cook couldn't pred.c. an Lwer but stared they shouldn't and it would be posted. Scott Mabusth, 740 North B™™ the cable and telephone Imes could ^ P“' h^uHation but it would be very expenstve. He dterarar:i:;^*op:;' owners wanted to do ^s t^nhance their view of the lake. For a tenrth of approximately 1,000;, the cost was over $80,000. Carol Parrish, 1995 West Farm S.‘’coofrespon^ed^±al ^twert “L'd Se"r= iow! just a drdnage ptpe under the road. He would check this out further and it may be possible to leave it open. Parrish also asked about j ‘’p^iris^wanred the cIty to look at saving trees would have to *>6 ° ^ j he moved, more than likely they would be as many as possible. Cook st ed if trees ^d to^ cerhardson added that typical tree agreed. Cook and Gerhardson ^ “°^g ,^e to be presented to CouncU. residents sign a peution «9u«tmg the eli^non d ^ "dm ma “; stormwater that is typical within a 5-year period. INTORMATiaN MEEITNG QN REOONSTRUCnaN OF BRO\W ROAD NC®3H April 6,1994 ;„^on as.ed how " the road diagram notmg there would 2 to de2 ..«........ .<. the same location as currently proposed even if the road is narrower. Brachman asked how many signatures resp^ed *ere°was'’no definite elimination of the parking lane, b0 <» ° ' ^ u jlin,inatio^ He would presentnumber but the more signamtes obtained, the better the chance ot eiimin this petition to City Council. Dave Lohmam,: 1860 Lakeview Terrace. thought they would look at awar mg a con r stated there may be some »•—•»“ - complete. Schroeder asked what ci^twirmlt'leg^Sgtn ‘*>at Srbecle This aref may be looked at differently. Gerhardson thanked the residents for their attendance. The meeting closed at 8:08 p.m. PLANNING COMMISSION COUNCIL pttpt.TC attendance meeting date PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. PRESENT FOR (from agenda) § 6.14 SBC. 6.14. MOTORIZED VEHICLES motorized “hic\e“oi®rny public%''ide«lk or public property desig­ nated use as a pedestrian walkway or bicycle trail, except when crossing the same for ingress and egress to private property lying on the other side thereof, and for the purpose of snow removal. SEC. 6.15. STREET OPENINGS OR EXCAVATIONS. It /s a misdemeanor for any person, except a acting ^??hL-fh%* c^o-u^rsV^d sL^i%ra^^crtra^ct° i written permit from the City as herein provided. Subd. 1. Application. Application ^ permit to make a street excavation shall describe with reasonable particularity the name and address of the applicant, the place, of the excavation, and such other information as may be necessary or desirable to facilitate the investigation hereinafter provided for, and shall be filed with the City. Subd. 2. Investigation and Payment of Estimated Costs. Uoon receipt of such application, the City shall cause such inves­ tigation to be made as* he may deem necessary to cost of repair, such as back-filling, compacting, resurfacing and reriacement, and the conditions as to the time of <=°"’™encement of work, manner of procedure and time limitation upon such excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of such investigation shall be included in such estimate. Subd. 3. Protection of the City and the Public. A. Barricades, Warning Signs and Lights. Barricades, warning signs and warning excavations shall be placed in accordance with the Minnesota Uniform Traffic Control Service Manual. B. Non-Completion or Abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accor dance therewith, or shall cease or be abandoned without the City may, after six hours notice in writing to the nolder or the permit of its intention to do so, correct the work, iiii rne excavation and repair the public property, and the cost there© shall be paid by the person holding the permit. C. Insurance. Prior to commencement of the described in the application, the applicant shall ^® „ satisfactory evidence in writing that the applicant will effect public liability insurance of not less than $100,000.00 tor ORONO CC 149 (4-1-84) EUGENE ROEHL 650 BROWN ROAD NORTH LONG LAKE MN 55356 MARY STEIL 744 BROWN ROAD NORTH LONG LAKE MN 55356 KATHRYN DUNCANSON 690 BROWN ROAD NORTH LONG LAKE MN 55356 HEINZ HUTTER 770 BROWN ROAD NORTH LONG LAKE MN 55356 SCOTT MABUSTH 740 BROWN ROAD NORTH LONG LAKE MN 55356 RICHARD & BARBARA LUIKENS 776 BROWN ROAD NORTH LONG LAKE MN 55356 DALE LINDQUIST 780 BROWN ROAD NORTH LONG LAKE MN 55356 DONNA LAWRENCE 819 BROWN ROAD NORTH LONG LAKE MN 55356 THOMAS LANE 915 BROWN ROAD NORTH LONG LAKE MN 55356 D KIRBY MELANIE ROSE 1020 BROWN ROAD NORTH LONG LAKE MN 55356 RICHARD ZIMINSLI 1095 BROWN ROAD NORTH LONG LAKE MN 55356 MICHAEL ASHBY 2003 SUGARWOOD DRIVE LONG LAKE MN 55356 JAY & MARY ANN GRAF 2008 SUGARWOOD DRIVE LONG LAKE MN 55356 JOHN BLANK 2100 SUGARWOOD DRIVE LONG LAKE MN 55356 VICTOR STEIN 800 BROWN ROAD NORTH LONG LAKE MN 55356 GEORGE A JOHNSON 879 BROWN ROAD NORTH LONG LAKE MN 55356 LYLE P COX 925 BROWN ROAD NORTH LONG LAKE MN 55356 JOSEPH LUCAS 1060 BROWN ROAD NORTH LONG LAKE MN 55356 JAMES GETCHELL 2011 SUGARWOOD DRIVE LONG LAKE MN 55356 KEN & JUDY FIGGE 2004 SUGARWOOD DRIVE LONG LAKE MN 55356 RONALD MESHBESHER 2010 SUGARWOOD DRIVE LONG LAKE MN 55356 REBERS CONSTRUCTION 2101 SUGARWOOD DRIVE LONG LAKE MN 55356 DENNIS PLATTETER 809 BROWN ROAD NORTH LONG LAKE MN 55356 MARK ROBBC^S 900 BROWN ROAD NORTH LONG LAKE MN 55356 MAXWELL ALVORD 960 BROWN ROAD NORTH LONG LAKE MN 55356 HAROLD B0WT:R 1080 BROWN ROAD NORTH LONG LAKE MN 55356 RICHARD GILL 2002 SUGARWOOD DRIVE LONG LAKE MN 55356 G NICHOLS SIMONDS 2007 SUGARWOOD DRIVE LONG LAKE MN 55356 LUIS DeOLEJO 2012 SUGARWOOD DRIVE LONG LAKE MN 55356 STUART LASKY 2103 SUGARWOOD DRIVE LONG LAKE MN 55356 DAVID AHLERS 2109 SUGARWOOD DRIVE LONG LAKE MN 55356 CSABA TAKACH 2110 SUGARWOOD DRIVE LONG LAKE MN 55356 JAMES CAMPBELL 2112 SUGARWOOD DRIVE LONG LAKE MN 55356 WILLIAM BRACKEN 1770 WEST FARM ROAD LONG LAKE MN 55356 JAMES PEERPONT 1801 WEST FARM ROAD LONG LAKE MN 55356 TIMOTHY ADAMS 1810 WEST FARM ROAD LONG LAKE MN 55356 RICHARD LOVISOLO 1849 WEST FARM ROAD LONG LAKE MN 55356 DAVE WILLITS 1900 WEST FARM ROAD LONG LAKE MN 55356 CHARLES SCHROEDER 1925 WEST FARM ROAD LONG LAKE MN 55356 ROBERT PETERSON 1930 WEST FARM ROAD LONG LAKE MN 55356 DONALD ASMUNSON 1960 WEST FARM ROAD LONG LAKE MN 55356 ARMAND BRACHMAN 1990 WEST FARM ROAD LONG LAKE MN 55356 RICHARD PARRISH 1995 WEST FARM ROAD LONG LAKE MN 55356 KEITH CARLSTEM 1920 COUNTRY CLUB ROAD LONG LAKE MN 55356 GLENN FREDEEN 1925 COUNTRY CLUB ROAD LONG LAKE MN 55356 MARVIN SMITH 1940 COUNTRY CLUB ROAD LONG LAKE MN 55356 PARTICIA MONDALE 1965 COUNTRY CLUB ROAD LONG LAKE MN 55356 DAVID GORDER 1800 LAKEVIEW TERRACE LONG LAKE MN 55356 DENNIS THEIS 1801 LAKEVIEW TERRACE LONG LAKE MN 55356 DALE MARTA 1802 LAKEVIEW TERRACE LONG LAKE MN 55356 JOHN SUNDEAN 1803 LAKEVIEW TERRACE LONG LAKE MN 55356 CHARLES DOLLAR 1810 LAKEVIEW TERRACE LONG LAKE MN 55356 MERRIL SWANSON 1820 LAKEVIEW TERRACE LONG LAKE MN 55356 DALE PFEILSTICKER 1830 LAKEVIEW TERRACE LONG LAKE MN 55356 WILLIAM MERNIK 1840 LAKEVIEW TERRACE LONG LAKE MN 55356 JANET GENSZEWSKI 1845 LAKEVIEW TERRACE LONG LAKE MN 55356 DAVID LOHMANN 1860 LAKEVIEW TERRACE LONG LAKE MN 55356 KARL ASKE 1865 LAKEVIEW TERRACE LONG LAKE MN 55356 EVELYN WALLER 1960 LAKEVIEW TERRACE LONG LAKE MN 55356 MARK THOMPSON 2015 SALEM COURT LONG LAKE MN 55356 KEITH BARES 2020 SALEM COURT LONG LAKE MN 55356 ROBERT BEACH 2055 SALEM COURT LONG LAKE MN 55356 JERRY HAYES 2080 SALEM COURT LONG LAKE MN 55356 SCOTT ANDERSON 2095 SALEM COURT LONG LAKE MN 55356 ERVIN WACHMAN 2135 SALEM COURT LONG LAKE MN 55356 DONALD WILSON 2140 SALEM COURT LONG LAKE MN 55356 CITY of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P.O. Bo. 66 Crystal Bay. MN 55323 0066 AprU 14, 1994 Brown Road Residents: NOTICE is hereby given that the Orono City Council at its meeting of April 25, 1994 ,ni u. b™-. Ii~d ,54..« s" -s5r.s.4. *. project were as follows: 1. Increased traffic due to the new roadway. 2. Speed of the traffic. 3 Safety for pedestrians as well as residents entering and exiting the roadway. 4. The width of the roadway. 5. Drainage. the Council as part of their consideration of the project. If you have questions regarding technical aspects of the project, please contact me at 473- 7357 in advance of the meeting. John Gerhardson Public Works Director Telephone (612) 473-7357 • FAX 473-0510 CITYofORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono. MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 March 16, 1994 Dear Orono Resident: As you are aware. Brown Road North from Highway 12 to County Road 6 is in need of major reconstruction. On March 14, 1994, the Orono Council directed the City Engineer to perform a feasibility study to determine the most cost effective way to reconstruct Brown Road North. The feasibility study and any reconstruction of the road will be paid for from Municipal State Aid funds. Once we are near completion of the feasibility study, we will notify you of the meeting date for all Brown Road North residents to come in and review the plan. If you have any questions before then, please feel free to call me at 473-7357. Sincerely, John R. Gerhardson Public Works Director JRG/ch Telephone (612) 473-7357 • FAX 473-0510 %w CITYof ORONO Municipal OfTices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 March 24, 1994 Dear Orono Resident: Recently you received a letter stating that Brown Road North from Highway 12 to County Road 6 will be reconstructed during the summer of 1994. The City is preparing a study that will show the design of the roadway and how it will impact adjacent properties. The plan will also show a bike/hike path on the we.st side. City Engineer Glenn Cook and myself will conduct a neighborhood information meeting at 7:00 p.m. on April 6, 1994 in the Orono Council Chambers, 2780 Kelley Parkway to explain the project and receive any comments that you may have. If you have any questions, prior to the meeting, please call me at 473-7357. Sincerely, John R. Gerhardson Public Works Director JRG/ch Telephone (612) 473-7357 • FAX 473-0510 Report for Browi Road Recorwtruction Trunk Kighway12 to County Road 6 SAP 152-107-01 Orono, Minnesota AprI, 1994 File No. 13972 Boneetroo Rosene Andarlllc & AMOcletee atPKii Ml Bonestroo Rosene Anderlik & Associates Ono G BoneMfoo ? E RoOfH W Rosfoe PE • ios^p^ C Andefiik PE M«uvin L Sofvai<» PE Richard E Turner PE Gt^nn R Cc»k PE Thomas E Noyrs PE 1*>'. • r Vhu'^»C^r PE Susan M Eberltn C PA •Senor Consultant Engineers & Architects April 18, 1994 Howard A Sanford PE Keith A Gordon PE Robert R Pfefferie PE R»chard W Tester PE Oav>d O Loskota P£ Robert C Russek A i A Jerry A Bourdon. PE Mafk A Hanson PE Michael T Rautmann PE Ted K Field PE Thomas R Anderson A IA Donald C Burgas PE Thomas E Angus P£ Ismael Martirse/ PE Mifhaef P Rau PE Agnes M Ring A l C P Philip J Pyne PE Thomas W Peterson PE Michael C Lynch PE James R Maiand PE Jerry D Rrrt/sch PE Scott J Arganek PE Kenneth P Anejerson PE Mark R Rolfs PE Mark A Setp PE Ga^y W Moren PE Danei J Edgedoo PE A Rick Schmidt PE Phd.p J Caswell PE Ma.k D Wariis PE Miles B Jensen P£ L Philfcp Gravel PE Kaen L Wemeri PE Gary D Knsiofit/ PE F Todd Foster PE Keith R rapp PE Douglas J Beno't PE Shawn D Gustafson PE Ceciio Olivier PE Paul G Heuer PE John P Gorde^ PE Charles A Ericksc'' Leo M Paweisky H^rtsn M Olson James F Engelhardt 4 Honorable Mayor and City Council City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Brown Road Reconstruction SAP 152-107-01 File No. 13972 Dear Mayor and Council: Attached is our report for *he proposed reconstruction of Brown Road from Trunk Highway 12 to County Road 6. The report provides a detailed cost estimate of the work being considered and a plan of the area. The work as proposed will be in accordance with Municipal State Aid standards. Project costs which are eligible for Municipal State Aid reimbursement are described in the Cost Analysis section. We would be pleased meet with the City Council and staff at your convenience to review the proposed project. Respectfully submitted. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. Attachment I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. :e /u. Glenn R. Cook, P.E. Date: April 18. 1994 Reg. No. 9451 2335 West Highway 36 • St. Paul, MINI 55113 • 612-636-4600 Preliminary Report City of Orono PRELIMINARY REPORT ON BROWN ROAD RECONSTRUCTION File No. 13972 CITY OF ORONO, MINNESOTA April, 1994 INTRODUCTION The City of Orono has requested the preparation of this report to evaluate the feas’*’ ility of reconstructing Brown Road from Trunk Highway 12 to County Road 6 to meet State Aid standards. The proposed street improvements are shown on Figure 1 at the back of the report. The purpose of this report is to define the improvements and provide estimated project costs to determine project feasibility. PROPOSED IMPROVEMENTS Brown Road Reconstruction Brown Road is designated on the City’s Municipal State Aid Street System and is classified as a low density collector roadway. The function of a collector roadway is to collect tratfic from local streets and connect to arterial roadways. This section of Brown Road is presently in poor condition with significant surface distress. The existing street consists of a 22’ wide bituminous surface with 2’ gravel shoulders. The drainage along the roadway is currently handled by shallow ditches. Brown Road, as presented in this report, is proposed to be constructed 32 feet in width with B618 concrete curb and gutter. This width allows for two 11-foot wid;. traffic lanes and an 8-foot wide parking lane. The parking lane would be on the west side of the street but the street would be centered on the right of way. Also, an 8-foot wide bituminous walkway is proposed along the west side of the street, five feet from the curb. Pedestrian curb ramps will be required at all locations where the walkway meets the street. As part of the street improvements, all existing driveways are proposed to be paved to ten feet from the curb line. Retaining walls are proposed in some areas to preserve specimen trees, yards and privacy for houses close to the right of way. Trees will be planted from nursery stock to replace those trees removed during construction. TTie existing trees are proposed to be replaced at a two to one ratio. 13972.ipt 1 Preliminary Report City of Orono Traffic Analysis Based on traffic counts conducted by City’s Public Works Department in 1992, the average daily traffic volumes (ADT) on Brown Road from Trunk Highway 12 to County Road 6 is 1,876 vehicles per day. Street Design The proposed street improvements for Brown Road are shown at the back of the report The criteria for the roadway design are based on Mn/DOT State Aid standards. The recommended design speed for Brown Road is 30 miles per hour (mph), based on a posted speed limit of 30 mph. The proposed pavement section for Brown Road, which is based on the anticipated traffic volumes over the next 20 years, is presented below: 1.5” Type 41 bituminous wearing course (1995) 2" Type 31 bituminous binder course (1994) 2.5" Type 31 bituminous base course 10" Aggregate b ise, Class 5, 100% crushed rock Soil borings have not been 'aken along the project, but it is anticipated that a clay subgrade exists. The street section will be reinforced with a geotextile stabilization fabric that will also provide separation between? the subgrade and the aggregate base. Storm Drainage As part of the street reconstruction on Brown Road, storm sewer is proposed to be constructed to improve the drainage along the street. The storm sewer would be directt l to existing drainageways on the project. All existing ditch culverts are proposed to be replaced. A rate control structure is proposed to be constructed within a manhole to control the discharge on the tributary from Dickey’s Lake to Long Lake. At two locations, the proposed storm sewer would be connected to an existing storm sewer near Trunk Highway 12. PERMITS AND EASEMENTS The reconstruction of Brown Road will require a Pollution Control Agency Storm Water permit, a Minnehaha Creek Watershed District permit and State Aid plan approval. We do anticipate that some easements will be necessary to construct the improvements on Brown Road. I3972.rpt Preliminary Report City of Orono COST ANALYSIS Cost Summary A detailed cost estimate for the project has been prepared and is included in the Appendix of this report. All costs are based on anticipated unit prices for the 1994 construction season. The total project costs include five (5) percent for contingencies and sixteen (16) percent for design and inspection costs. No costs are included for easement acquisition or city legal fees. Brown Road $603,380 State Aid Participation We have estimated that 100% the street, 60% of the storm sewer and 80% of the walkway costs would be eligible for State Aid reimbursement. The total estimated project costs eligible for State Aid reimbursement are $559,680. or roughly 93 percent This cost estimate does not include legal, administrative, capitalized interest, bonding or easement acquisition costs. Although a portion of the easement acquisition costs would be eligible for State Aid reimbursement, the other costs are not As described above, the estimated non-reimbursable project costs are estimated at 7 percent. The following is a summary of the estimated project costs that are not eligible for State aid reimbursement: Storm Sewer Walkway Total $38,550 5.150 $43,700 CONCLUSIONS AND RECOMMENDATIONS The street and walkway improvements presented in this report are desirable and feasible as related to costs and construction. The project is in accordance with the City Municipal State Aid Street Plan. Based on information contained in tais report, the following recommendations are presented for consideration by the City Council: That this report be adopted by the City of Orono as a guide for construction of the proposed improvements. That the City conduct a legal and fiscal review of the proposed project. 13972.ri)t I Preliminary Report City of Orono That an informational meeting be scheduled to receive input from the abutting property owners and determine further action to be taken. The property owners adjacent to the roadway should be notified. That the following schedule be implemented if the project is to proceed: Receive Preliminaiy Report .................................. April 23, 1994 Hold Informational Meeting.................................. April 23, 1994 Order Plans and Specifications ............................. April 23, 1994 Approve Plans and Specifications..............................June 13, 1994 Bid Date ...................................................................July 7, 1994 Award Contract.......................................................July 11, 1994 Complete Bituminous Base............................. September 2, 1994 Complete Surfacing and Restoration .........................Spring 1995 13972.rpt Preliminary Report City of Orono APPENDIX COST ESTIMATE BROWN ROAD RECONSTRUCTION 1. BROWN ROAD - TRUNK HIGHWAY 12 TO COUNTY ROAD 6 Clear and grub trees Remove bituminous pavement Remove pipe culverts Common excavation Aggr. base. Cl. 5,100% cr. -10' Aggr. base, Cl. 5 for walkway Geotextile fabric AC-1 bKuminous material for mix Type 31 bit. base course ■ 4.5* Type 41 bit. wear course -1.5* Type 41 bit wear course for walk Bituminous driveway restoration Bituminous material for tack coat 4* concrete walk B618 concrete curb & gutter Reinforcing bars Modular block retaining wall 15* RCP Storm sewer 10' RCP Storm sewer 24' RCP Storm sewer 15' RCP Apron w/ trash guard 18' RCP Apron w/ trash guard 24' RCP Apron w/ trash guard Construct catchbasin Construct catchbasin manhole Construct 6’ catchbasin manhole Inlet control structure Connect to existing storm sewer Adjust manhole casting Riprap with filter Colorado Blue Spruce, 6* ht. B & B Sugar Maple, 3' cal. B & B F & I 'No Parking' signs Pavement marking Sodding with topsoil Erosion control blanket Erosion control LS. S.Y. LF. C.Y. TON TON S.Y. TON TON TON TON S.Y. GALS. S.F. LF. LBS. S.F. LF. LF. LF. EACH EACH EACH EACH EACH EACH EACH E^CH EACH C.Y. EACH EACH EACH LF. S.Y. S.Y. LF. $7,500.00 1.00 6.00 3.00 9.00 10.00 1.50 130.00 15.00 16.00 20.00 15.00 2.00 Z50 6.00 1.00 15.00 24.00 26.00 32.00 400.00 600.00 1,000.00 800.00 1,000.00 2,000.00 2,000.00 500.00 200.00 80.00 200.00 225.00 50.00 0.30 3.00 4.00 4.00 1 10,000 140 12,000 9,100 1,000 15.000 278 3,450 1,150 400 300 2,000 150 7,800 560 1,400 1,150 900 100 3 2 2 6 8 1 1 2 4 34 40 40 12 12.000 10,000 600 400 $7,500 10,000 840 36.000 81,900 10.000 22,500 36,140 51,750 18.400 8,000 4,500 4.000 II 375 46,800 560 21,000 27,600 23.400 3.200 1.200 1,200 2.000 4,800 8,000 aooo zooo 1,000 800 2,720 8,000 9,000 600 3.600 30,000 2,400 1.600 Total -hS% Contingencies •l■16% Design & Inspection TOTAL ESTIMATED COST $495,385 24,769 $520,154 83,225 $603,379 I 1397Zrpt REQUEST FOR COUNCIL ACTION Department Approval: Name Ron Moorsc Title City Administrator DATE: April ITEM NO: /Q % Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: City of Wayzata Public Works Facility Proposal The City of Wayzata has requested the opportunity to discuss with the City Council a proposal for the construction of a public works facility on property within Orono, but owned by Wayzata. The property is at the east end of Orono, just cast of the cemetery, and on the south side of the intersection of Highway 12 and Wayzata Boulevard. There are several issues involved with this proposal: 1. l^and Use. Is a public works facility a suitable use for the property. 2. 3. 4. 5. Design. The actual layout, design and construction materials will be important elements in the suitability of the facility. Annexation. One element of the public works facility proposal is the annexation of the property by the City of Wayzata. If this is lO be an element of the proposal, the Council needs to consider what the annexation process should be. If the Council is open to considering the facility proposal, it is staffs recommendation that the proposal go through the City’s development review process prior to completion of the annexation prcKess. The proposal would require installation of a semaphore at the Highway 12 and Wayzata Boulevard intersection. The City of Wayzata will be prepared to discuss this issue and the impact of the semaphore on Highway 12 traffic. The site will need to be served by sewer. It is possible to serve the site with sewer in a way that makes it easier for Orono to provide for future sewer needs. COUNCIL ACTION REQUESTED: Motion to provide direction as to whether the Wayzata proposal is to move forward and if so, the process to be used to review the proposal. TO: FROM: DATE: SUBJECT: Mayor and City Council Ron Moorse, City Administrator to ■P ' * A April 22. 1994 Parcels Involved in Orono/Wayzata Detachment/Annexation % ^ There are five parcels proposed to be involved in the detachment/annexation process related to the Wayzata Public Works facility proposal. Two of the properties would be detached from Orono and annexed by Wayzata. Three of the parcels would be detached from Wayzata and annexed by Orono. A map is attached which shows the location of each of the five parcels. Each of these parcels is also indicated on a separate map. Parcels 1, 2 and 3 would be annexed by Orono. Parcels 4 and 5 would be annexed by Wayzata. Two of the parcels; parcel 1 and parcel 3, are residential parcels with existing homes. Both of the property owners have been contacted by the City of Wayzata to advise them of the potential annexation. Each of these parcels has the City boundary running through the parcel. In parcel I the house is totally in Orono and the back portion of the lot is in Wayzata. For parcel 3 the garage and a small portion of the house are in Wayzata and the major portion of the home is in Orono. Both of these parcels currently have two P.I.D. numbers and receive two tax statements. The annexation process would result in each parcel being in only one jurisdiction. Site Plan . . . • uThe City of Wayzata will provide a site plan showing the proposed facility on the site at the Council meeting. EXHIBIT A 800* Wavzata, Minnesota i_n_^i 44- « \ .V • : /• 1 • NORTH SO* O' M‘ 100' (ID--' % i PARCEL 2 - FERNDALE ROAD RIGHT-OF-WAY • * . f* • • m X X 5 H O : .. : ‘ .if * »; /■;. f •. •. /1.1 • * y,. • .•;•;.■•• • •.•■■ *•'■•• ••::• >v- ' •.•■;.”■:;; ■ ■:•:••■:■••■ •• ' • ■ - • ■• •.■••■•' •■;■• •= V’. • •;••.’.• •••■•'?•-*• JSysS^ ••■’• • . •..• •• 4 N o R T H I- •• ••• , •. .; ' • ■ I, l1ljbci__jbbi •' •••>•. ••s.-.• ■PARCEL 3 - LOGAN PROPERTY REQUES'l FOR COUNCIL ACTION Department Approval: Name Ron Moorse Title City Administrator \DAm ITEM cU ^ ___________________________________________________________________ Administrator Reviewed: Agenda S&oon: City Administrli^i Report Item Description: Board of Review Reminder ( Just a reminder that the Board of Review hearing will be held at 7:00 p.m. on Thursday, April 28th. Please remember to bring the orange covered information packet provided by the City Assessor. COUNCIL ACTION REQUESTED: I i %REQUEST FOR COUNCIL ACTION 0N0H0J0AU9W6I e 2 adv ITEM NO: I (h' Department Approval: Name Ron Moorse Title City Administrator Admiiiistrator Reviewed;Agenda Section: City Administrator’s Report Item Description: School Liaison Ofticer Program and Contract Attachments* 1. School Liaison Officer Report Setting Out Program Parameters 2. School Liaison Officer Agreement Between the City and the School District Report and are reflected in the School Liaison Officer Agreement COUNCIL ACTION REQUESTED: Motion to approve the agreement between the City and the Orono School District for e provision of School Liais^r Officer services for the remainder of die 1993/1994 school year an for the 1994/1995 school year. i School Liaison Officer Report Prepared April 19,1994 To: The City of Orono Fiom: The Orono School District Report Prepared by the Liaison Program Task Force (members include: David Benson, M.S. Associate Principal, Wayne Smith, H.S. Associate Principal , Julie Railsbeck & Julie Ohmann, Social Workers: Ruth Larson, Adair New, Helene Wise, Ginlo Naujokas, Karen Hollingsworth, Teachers; Chiet Sullivan: and Melanie DeLuca, Community Education Director This report outlines recommendations for the Orono School Liaison Officer Program. The report Is divided into the following sections; backgrcund & history, philosophy & goals, roles & responsibilities of the liaison officer, program specifics, candidate recommendation, program timeline. Background & History The Orono Board of Education authorized a levy of $11,139 to address “crime related costs". The levy’s purpose Is to allow school districts to contract with a law enforcement agency to provide a peace officer for liaison services in the district's schools (MN Statute 124.912 School Finance Subd. 6). This levy offers a way to improve relationships between schools and law enforcement agencies and provide additional services for youth without taking funds away from general school or police department budgets. Conceptual approval to develop this program with the Orono Police Department was given in March of 1994. A task force of administrators, teachers and social workers was formed to develop program specifics and make a final recommendation to the Board of Education and the Orono City Council. Philosophy & Goals 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 affecting our society as a whole. This program offers an opportunity to be proactive in building relationships, educating students about harmful activity and preventing problems so that our community remains a safe, secure environment for youth. The primary goals of the Liaison Program are: Prevention, education, relationship building and resource sharing Roles & Responsibilities The Liaison Officer’s main responsibilities will be: 1. To build rapport and be available and visible to students through informal contact in the buildings, at student activities, with student groups and during scheduled office hours. 2. To assist schoof authorities, social workers, etc. when requested on issues of criminal activity, chemical use, abuse, etc. The liaison officer will not be the authority for disciplining students on school premises. That function will remain the responsibility of school authorities who will enforce their own school rules and policies. 3. To assist with the development and implementation of programs designed to counteract negative juvenile activity such as youth service programs, SADD, PRIDE, Peer Helpers, etc. 4. To make classroom and public presentations on juvenile and criminal activity related topics. 5. To serve as a resource person and provide support to school staff, students, parents and community members on issues related to criminal activity, chemical use, abuse, student conflicts, etc. 6. To foster communication between the police department and the schools. Program Specifics Contract: The Orono School District will contract with th.^ City of Orono for a specified number of hours for the school liaison position based on levy dollars available. The levy amount for the 93-94 and 94-95 fiscal years is $11.139 / year. The total number of hours this amount ($22,278) will purchase for the remainder of this year and next is a total of 1114 hrs. (based on hourly cost estimate of $20/hr. provided by the police department). The initial concentration of hours due to the program starting mid-year will allow time for needed start-up planning meetings and activities. It is the understanding of the school district that the total liaison hours available will be spread out throughout the year and that the liaison services provided by the police department will not exceed the total dollar amount available in this contract. Supervision: The liaison officer is under the direct supervision of the Orono Chief of Police. Monthly meetings will be scheduled with school administrators, the liaison officer and Chief of Police to work out specific monthly scl^ules ar^ priorities between buildings. Informal daily contact with school administrators by the liaison officer and a w^en log of activities to the Chief of Police and schools will keep all parties informed of program activities arid needs. Requests for classroom presentations & resource work will flow through building administrators to help pnontize needs given limited hours the liaison officer will be available each week. Building Assignment: The liaison officer position is a district wide position that can act as a resource to all Orono schools. Initial allocation of 2/3 time to the Middle School. 1/3 time to the High School and on call as needed for elementary needs Is recommended. In an average 550hr. year, the officer would work approximately 13 hreTweek. Regular working hours will be established with the Chief of Police and school administrators. Space to work and meet with students, staff or parents would be provided for the liaison officer at the M.S. and the H.S. Assignment Flexibility: In order to respond to emergencies or periods of high need from either the police department or school, flexibility to adjust specific liaison work hours is understood to be in the best interest of the school and police department. Attire: The school liaison officer will normally wear suitable plain clothes attire. A police uniform will be worn as conditions dictate such as special events, presentations, coming from or going to other assignments which required a uniform, etc. Selection of Personnel: The school liaison officer is an employee of the Police Department and subject to its policies and procedures. A task force of school staff will be involved in the interview process to select a candidate. Candidate Recommendation The liaison program task force has had the pleasure of interviewing 3 excellent candidates from the Orono Police Department. Their recommendation is to select Scott Boris for the pjsition. His background includes a combmation of educational preparation, experience as a police officer and work w’.n the Hennepin Cjunty Juvenile Center. His persona skills and commitment to working with youth will be an asset to oi r school district. Program Timeline Program recommendations will be presented to the Orono Board of Education and Orono City Council for final program approval on April 25th. Meetings with administrators, liaison officer and Chief of Police will be scheduled to provide inservice on school and police department policies and procedures. The liaison officer will be introduced to staff at faculty meetings during the first week of May. The new program will be publicized to the community through local newspapers, the school district newsletter, student newspapers, etc. The liaison officer will begin meeting students through introductions to student councils, clubs, and other student groups on campus. Introductory activities will continue through the end of the school year and as needed this summer. Full program operation will be achieved by the beginning of the 94-95 school year. CONTRACT FOR SCHOOL LIAISON OFFICER SERVICES This contract sets out the terms and conditions of the agreement between Orono Independent School District ftllZ and the City of Orono for the provision of a School Liaison Officer by the City of Orono to School District #278 during the 1993-94 and 1994-95 school years. 1.Duration and Renewal The agreement shall remain in full force and effect from the date of execution to June 1, 1995 and shall be automatically renewed annually thereafter for each successive contract year unless terminated by either party by serving written notice of termination by March 1st of the current contract year. 2. Costs to School District #278 and Contract Payments The total budget for the school liaison officer program for the school years 1993-94 and 1994-95 is $22,278. The hourly rate for the School Liaison Officer for both school years is $20.00 per hour. The Orono School District will pay to the City of Orono $11,139 on June 1, 1994, $5,570 on January 1, 1995 and $5,568 on June 1, 1995. (These amounts are estimates based on'the number of hours indicated in paragraph 4 - Schedule of Hours. The actual amount for work performed will be billed with the June 1, 1995 billing, according to the written log of activities and hours.) The budget, hourly rate, and payment amounts will be updated at the time of each contract renewaLbased on actual City costs. 3. Schedule of Hours The total number of School Liaison Officer hours to be provided at the cost of $22,278 is 1,114 hours. The general schedule of the School Liaison Officer will be 13 hours per week. The schedule of v. orking hours will be established by the Chief of Police in consultation with the School Administrators. In order to respond to emergencies or periods of high need from either the Police Department or the School District the specific School Liaison Officer work hours may be adjusted by the Police Chief. The School Liaison Officer services provided by the City of Orono will not exceed $22,278 during the contract period without the mutual consent of the City of Orono and School District #278. 4. .School Liaison Officer, an en:Dlovee of the City of Orono The school liaison officer will be a police officer of the C'7 of Orono and will be subject to the policies and procedures of the City and the Police Department. 5. School Liaison Officer Selection The Police Chief will work with a task force of School District staff to conduct the selection process. The School Liaison Officer will be selected by the Police Chief in consultation with the School District staff. Contract for School Liaison Officer Services page 2 of 2 6.Supervision The School Liaison Officer will work under the direct supervision of the Orono Chief of Police. Monthly meetings will be scheduled between the School District Administrators, the School Liaison Officer, and the Chief of Police to develop specific monthly work schedules and work priorities. 7. School Liaison Officer Attire The School Liaison Officer will normally wear suitable plain clothes attire. A police uniform will be worn as conditions dictate such as special events, presentations, coming from or going to other assignments which require a uniform, etc. 8.School Liaison Roles and Responsibilities The Liaison Officer’s main responsibilities will be: 1. 2. 3. 4. 5. To build rapport and be available and visible to students through informal contact in the buildings, at student activities, with student groups and during scheduled office hours. To assist school authorities, social workers, etc. when requested on issues of criminal activity, chemical use, abuse, etc. The liaison officer will not be the authority for disciplining students on school premises. That function will remain the responsibility of school authorities who will enforce their own school rules and policies. To assist with the development and implementation of programs designed to counteract negative juvenile activity such as youth service programs, SADD, PRIDE, Peer Helpers, etc. To make classroom and public presentations on juvenile and criminal activity related topics. To serve as a resource person and provide support to school staff, students, parents and community members on issues related to criminal activity, chemical use, abuse, student conflicts, etc. 6. To foster communication between the police department and the schools. APPROVED: City of Orono Neal J. Lawson, District #278 Date Date /3 REQUEST FOR COUNCIL ACTION ^/)DATE: 4/21/94^^^ *» , C2 % ITEM NO.: / jy % Department Approval: Name John R. Gerbardson Title Public Works Director Administrator Reviewed:Agenda Section: Public Works Rem Description: Capital Purchase Fairway Mower - Golf Course Presently the golf course has a 1955 Long fairway tractor/mower. The tractor was purchased used in 1988. It was i.ianufactured in the former Yugoslavia and can no longer get parts. In the 1994 budget we allocated $28,000 f ir replacement. We have received formal quotes from three companies as follows: North Star Turf Inc. Jacobsen Model LF3810, includes tax $41,002.50 Minnesota Toro Toro Reelmaster 4500 (demo), includes tax & trade $33,595.00 Land Care Equipment Steiner Model 420, includes tax & trade $24,580.00 The first bid does not include a trade-in. It is recommended to purchase the Steiner model 420 for an amount of $24,580.00 G ^ f REQUEST FOR COUNCIL ACTION APR 2 5 1994 DATE: ApriCnYlOfeORONO ITEM NO: Department Approval: Name Ron Moorsc Title City Administrator Administrator Reviewed: M Agenda Section: City Administrator ’s Report Item Description: Donation of Wild Life Print In early March Council was advised that David Maass, a local artist, had indicated a willingne'^'s to donate a print of ducks on Lake Minnetonka that has the Noerenberg water tower and bam viewed from Maxwell Bay as the background. Lili McMillan, of the Park Commission, had suggested that this print be hung in the Council Chambers lobby area with a plaque indicating the print was done by an Orono artist and that it shows a view of Maxwell Bay. Staff would like to move ahead as Lili McMillan has suggested. COUNCIL ACTION REQUESTED: Motion to accept the donation of the wild life print from David Maass and to follow through to prepare the print and the small plaque for display in the Council Chambers lobby area. request for council action counci meeting DATE: A{AF?1 ITEM N( Department Approval: ^ Name Tom Kuehn ' Title Finance Director ' Administrator Reviewed:Agenda Section: City Administrator’s Report Item Deicnption: Salary Adjustment - Officer David McNichols As of March 16 1994 Officer David McNichols was eligible for a wage increase frorn the 2 ra« [o the 3 year rate. As he was hired two years ago at the one year wage rate he wtll be eligible for his fust longevity step after 4 years of service, on Marc Under the 1994 LELS contract, currently in effect, he is eligible for a wage increase from $16,944 per hour to $18,826 per hour. It is recommended that Officer McNichols salary e increased to $18,826 per hour as of March 16, 1994. COUNCIL ACTION REQUESTED: Proposed Motion - Moved by _, seconded by _ to " ^ from $16,944 per hour to $18,826 per hour as of March 16, 1994, a. per the 1994 contract currently in effect. Ayes_, nays —. e S . ‘ vyREQU£ST FOR COUNCIL ACTION ^ DATE: April ITEM NO: Department Approval: Name Tom Kuehn Title Finance Director Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Resolution Declaring that the Part Time Position Held By Michael Carlson is that of Police Officer With the hiring of Michael Carlson on April 15 to fill a part time patrol officer position the City must adopt a resolution stating the position is that of a police officer as defined by Minnesota Statutes in order to include him in the Police P.E.R. A. Fund. A resolution so stating is attached for adoption. COUNCIL ACTION REQUESTED: Moved by_, seconded by__, to adopt Resolution ff_, to declare *hat the part-time position held by Mikael Carlson is that of a Police Officer. Motion; Ayes_, nays__. '^ijrE: April 21 ^^HOl\[Q iM NO: ^ (^ ' Agenda Section: City Administrator s Report ;l Carlson is that of Police iirol officer position the City cer as defined by Minnesota solution so stating is attached A RESOLUTION TO DECLARE THAT THE PART TEVIE POSITION HELD BY MICHAEL CARLSON IS THAT OF A POLICE OFFICER WHEREAS, the Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless a resolution is adopted by the governing body to establish eligibility for coverage in the Police and Fire Fund. NOW, THEREFORE, BE IT RESOLVED, by the City council of the City of Orono, Hennepin County. Minnesota that effective April 15, 1994, the position Michael Carlson holds is that of a police officer as defined in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which said employee shaP become a member of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held April 25, 1994. ate te! the part-time position yes_» n<iys___-ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk REQUEST F'.)R COUNCIL ACTION DATE; April 22, 1994 ITEM NO: / 7 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:m Agenda Section: City Administrator ’s Report Item Description: 1993 Budget Adjustments Staff will provide summary year-end information on 1993 expenditures and revenues at the Council meeting. COUNCIL ACTION REQUESTED: REQUEST FOR COUNCIL ACTION ^ 5 DATE: April 22, 19 ITEM NO: / ^ (fon ^994 mo Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator’s Report Item Description: Lt. Fritzler Resignation Lt. J. Marc Fritzler has submitted his resignation from the Orono Police Department effective May 4, 1994 to allow him to make a career charge. COUNCIL ACTION REQUESTED: Motion to accept the resignation of Lt. J. Marc Fritzler effective May 4, 1994. REQUEST FOR COUNCIL ACTION DATE: Apri ITEM NO: j ^ APR 2 5 1994mmm Department Approval: Name Dorothy Hallin Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval Commercial Kennel License Home Occupation License Annual Review The Dog House Boarding Kennels, Inc. Brian Fulmer 3505 Wayzata Boulevard Russell A. Norum 3264 North Shore Drive Septic System Installers McCarty Water & Waste, Inc. Maple Plain Ingleside Eng. & Const. Inc. Loretto COUNCIL ACTION REQUESTED: Motion to approve licenses. CITY OP ORONO „ Pri p,0. Box 66, 1335 So Brown - -Dacte-i.?.:cense Bav, MN 55323 _rt^t^TSP■ * ilnitReview Fee ~ $50.00 APPI^ CATION POR ANNUAL HOME OCCUPAt - -- "’-^Annual Review Fee "cCf ^ 0 » U-iin- /?- X/cr»>^ - ;^nr)R'ESS;/ 'S'li^'L AoDlication Date:^__________ ■■ Date License Approvec:, -©acte-Lircense Expires: <• ___i I *-__________! j_ _• — T T5 O PHONE: city T v7/> oft-y_________ ilAK ^ ^ lc?Ul" application. Type of Business to be Operatec: c* ~« c license may be revoked if (5) business days in Sef-tion 5.02 fi 5.03. If ® 5^?®. pursuant to Orono Municipal 2^^ ^ioe will be extended to ^ iusiniss days. The liregularly scheduled meeting be.d on the second and fourth Monoay ~^^^^^===,==============-*=- - - =========*======*“=*=1““;:^ ppPttlaTIONS ON HOME OCCUPATIONS ORONO MUNICIPAL C0^^^^°"|^DIVISI0N 4 (C)pursuant to section la.^u, x>rohibited Home Occupation Practices. w coe-="ing as a heme occupation wO 1. It is licenses.engage in opera..ion w--nc- . . . ^ bus-'ness mnsz reside in the ewe— 2. All persons engaged in wCe b - . j • „ •*—ed other than signs permitted i 3. No commercial signs pe_mi-- arGsid^nticil zone. ___2 ?-ir“p>T3_i.sesa • ••- • CITY Of OfiOHQNo-excessive stock in -trade may be stcrec on whe p-a— ^ -T «? = Toc '■ s not allowed.Over the counter retai- sale C’T*iA»irr Qfcjrc I Ai»r»Muu »w* * over un« ------------------------ ^ ^'^if^'i^Vutherr. Entrance to the home occupa—cn mus. <3 Ji_...... -_____^ ^ _______I # i.*l/Structure. jnature of Zoning Offic, ^nature of Fire Inspect!(Q/w^ K22INEL LICENSS APPLICATION iqC^ Effective January 1, 19^ *=0 Deceiober 31, l-2d i Owner Frooerty Address z (include city ana zip Mailing Address (v,or.-c).^>zA2a^S^ Phone: fh-----' /-17 ^<1.-f=;»2-0-------------- —-r ^ ^ RESIDENTIAL Kennel License (payment must accompany applicat-onj Maximum No.*of dogs to be kept at one time (over 3 months of age) Principal Breed; PujT^ose for more than 2 dogs.^- - Dogs normally kept; —inside kennel structure )^Ofi MBRCIAI. Kennel License (payment must accompany appl-cati Ka^e of Business jC. Business Activities (examole; boarding, bre_cin., _ ^ . n.»*7 • ecc.) Normal Business Hours; fv\ - ^ ^rVvC >___ r\.\-7 • ‘=^OjA ^CoiVv-i Cjl-C£:^ s^o4^<A Dog runs/exercise areas are; inside _outside UQ^ ^ VAA-fc—A ---------------— ^ ^ . The undersigned hereby makes appl^i^^^^^^^ the ^ .enr--? 1 for a Kennel License a is’rpnse is permissive only undersigned 1^ violate any provision „j does not grant any au i a*--* on* the undersigend he-eby S?ty Ordinance or °%”Tnsp«S'the pres.ises Pri« « CITYCFOi^^ a-ants the City other reasonable time curing the ii«nse dS?:?ron; "a“nd h*:e und«-ig-^^ |^5SitT “s”i«pos^by’%ie‘=City council as part of any hen license approval. Date i ^ i *» _ 1 Aw'V 'J^CEIRT-fHA^K YOi S300510 C00ri<!^'l, I, r • 4 / \/-f/ V 1-ty Pse Only L inspecteaby lends Approval_ps;- - Denial, 7. AT Cur^,^_ _ Date_f/jlZ£i_f^£. V CITY of OKONO (612) 473-7357 Post Office Box 66 Crystal Bay, MN 55323 Bcceweo SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION All questions must be answered. License fee, bond/ certificate of insurance/ and evidence of MPCA Certification must be attached. •>^A11 applications are subject to a ten (10) day approval period. 1. 2. 3. 4. 5. 6. Business or trade name Business address Moe-^ Business phone Residence phone ‘/77~ - Name of applicant or company representative holding MPCA certification /)lanf /?1^& 7 Installer 7 _ PumperType of certification held: Certificate expiration date Have you ever held a Septic System Installer license in Orono before? _______ Most recent year _______ Have you ever had a license revoked? /| 0 Where? ____________________________________________ When? 8 9 Do you do Municipal Sewer hook-ups? Yes _ _ _ Do you pump out septic tanks? Yes X CITY QF OFiC^iO FisA^CE OFFICE 1211500000 0 rufm rr n 1 rry c:n f)Q • vv W*V*» VV» SUBMITTALS REQUIRED: FuLEIyT~ 1 HniVA yO u _ H30H20 CiOl 1. $50.00 License application fee. 2 $2000.00 license and permit bond naming City of Orono as -* , ____ mu- m Prinfl Will HOt b© aCCeDtCd . 2. 92UUU.UU xicense anu **^.^**^------ * obligee. The State Plumbers Bond will not be accepted. $50-100-300/000 minimum Certificate of Insurance. “^^4. Cooy of current MPCA Certificate. LICENSES WILL NOT BE PROCESSED DNTIL ftLL ITEMS ARE SUBMITTED List persons other than applicant who are authorized by you to apply for permits under your license- - - - - - - - - - - - - - - -- - - - - - - - - - - -- The undersigned hereby makes application to the City of Orono/ Minnesota/ for a license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the of Orono. )MiuF7v ill^ _-Date P)! /Applicant's Signature CITY USE ONLY Staff recommendation Approval.^ Reason for denial: /> Denial City Council Action Date Date license mailed _ _ _ Approved Denied erTY (612) 473-7357 Post Office Box 66 Crystal Bayr MN 55323 APR 1 3 1994 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION All qaestions must be atttchedftAll approval period. 1. 2. 3. 4. 5. 6. 7. 8. 9. Business address Business phone 612/479-1869 . Residence phone Name of applicant or company tf^^’p^/uoht certification pr^an van qpnc!P»kn.—MnrK SrhlPSSeC-f—hi - SB Type of certification held: _ _ _ Installer - - - - Pumper Certificate expiration date i ?/“^'» /Q- - - - - Have you ever held a Septic System Installer license in Orono before? yes __ Most recent year 1^99,------ CJ*ry QC Qf^Q}\}Q Have you ever had a license revohed7 When? ^ Where? city nf Tndpppndp.nce-------------------------------------------- Qtu 5Q,00 i-i rirt Mnnioinal Sewe''' hook”ups? Yes ' x No !.^tLK TL 5Qm00Do you do Municipal Sewe- p . HtCEIPT-THm YOU No cool RQl T15:2 04/14/9Do you pump out septic tanks? iiTes SUBMITTALS REQUIRED: !|^ro^\"«nse‘’^if pe^it'bond naming City of Orono a^ ■/' The ^tate Plumbers Bond will not be acc^tec^^^^y obligee. pe .tate pi^ THiurance. MCENSES WIU. NOT BE PROCESSED DHTIL AM. ITEMS ARE SOBMITTED List persons other tha.a B°en°DAtId for permits under your license . Mf^rK §ch l9???rr ---------3 ---- The undersigned hereby makes “PP^^^^f &Vruiplrt“se^ptrc\%^k%^%"uVAU tftS^ S^tate of Minnesota and the Ordinances of the ^ 4/11/94_ _ _ _ Applicant's Signature - - — _ _ DateStaff recommendation Approval ^//^ Reason for denial: _____- - - - - - - City Council Action Date -- --— Date license mailed __ _ _ _ _ _ _ _ Denial Approved Denied A ^ ^ O, A #o f 04/10/94 PR: 208 CB PRREGOR EMP # NAME DPT YTD GROSS CURREN' GROS: 471688060 474563339 476921819 471840871 475443862 472503991 469526026 475989721 468821018 472529007 468701868 507585424 469686562 468420832 469087884 474667812 475380151 477500666 475444249 477463877 471569863 477647279 476020397 504260307 472500574 121262417 475344512 480843542 477700023 334506281 473108428 468909535 476783251 470700901 469848107 475382983 473746173 473609629 470566529 469629194 475569177 267460042 472563051 474663296 470704904 475505292 468629488 ANDERSON. BRUCE L BOBZIEN. SUE A BORIS. SCOTT W BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY B CORNICK. JAMES L DEMBOUSKI, JAY C ENGLISH III. IRVING ERICKSON. KURT R FISCHENICH. DAN T FRITZLER, JOHN M GAFFRON. MICHAEL P GERHARDSON. JOHN R GOMAN. DAVID J GREGORY. JAMES D HALLIN. DOROTHY M HANSEN. STEVEN C HANSING. CAROL J HASEMAN. CAROLE JOHNSON, BRADLEY P KARNITZ, RICKY D KING. ANITA D KNUTSON. CHARLOTTE A KUEHN. THOMAS M MABUSTH. JEANNE A MCINTYRE. WILLIAM E MCNICHOLS. DAVID L MOORSE. RONALD J MOROWCZYNSKI. JAMES OAS, DANIEL 0 OBERAIGNER. SCOTT G OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A QUASI. WAYNE A RATHBUN. BARRY J ROSS. JOHN A SCHOENHOFF. JOHN B SKREEN. DALE S STEFFENHAGEN. RONALD SULLIVAN. STEPHEN X THOMTON. MARK R TOMCHECK, LAWRENCE F TOMCZYK. MARK W VANG. BRUCE L VEE. LINDA S 477881539 WECKMAN, STEPHEN J 31 13405.35 1682.6* 31 8408.22 1042.5t 31 1437.83 556.9:12 4686.64 529.5c 42 12961.24 1621.3T 31 13817.60 1727.2C 31 14658.73 1937.li 31 14295.79 2197.9: 31 13998.90 1596.1£ 31 12849.04 1611.52 31 12870.24 1551.2C3113537.86 1692.2: 33 11855.33 1483.134227277.37 2368.11 35 2518.15 309.19 42 10809.03 1206.66 12 10221.99 1278.96 42 10043.23 J279.99 31 4647.55 559.39 12 8607.05 1008.97 31 13501.21 1611.52 31 1379.81 87.36 35 572.70 203.42 15 8337.95 1042.55 15 17408.57 2177.28 33 14829.36 1854.88 93 81.93 81.93 31 12424.04 1707.93 12 19294.71 2511.84 31 13078.54 1611.52 93 121.20 121.20 42 10241.47 1113.04 92 10202.25 1419.82 33 11656.93 1483.12 42 9682.69 1113.05 92 12321.95 1403.92 92 10220.61 1113.05 93 59.33 59.33 31 3813.10 805.35 42 9949.31 1113.04 93 10222.03 1278.96 31 16541.36 2068.89 31 12625.23 1581.37 31 13036.69 1686.37 31 13059.10 1732.38 33 10398.42 1304.16 12 8947.84 1150.07 33 9423.29 1186.48 61.864.73 B S =ssssssssas •COUNCIL .JCHECK REGISTER Wed Apr 13 1994 23:56:41 ). ^Page 1PO NUM. MANUALCHECK NO' CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT i INVOICE0303661994/04/ir S5.166.00$5,166.00^CITY COUNTY CREDIT UNI W/H & TRANSFERRED 9999-2030 000860 IP0303671994/04/13 $95.79 $95.79*COLONIAL LIFE INS INS W/H 9999-2030 000856 IP0303681994/04/13 $67.28$67.28*COMMERCIAL LIFE INS INS W/H 9999-2030 000852 IP• » *. *030369 19S4/04/13 • •$9,158.11S9.158.ll*FIRST NATIONAL BANK OF W/H FED TAX MEDCR FI 9099-2030 000861 IP0303701994/04/13 $2,735.99$2,735.99*FIRST NATIONAL BANK OF CITY SHARE FICA & ME 9999-2030 000866 IP 030371 1994/04/13 $36,775.32 $36,775.32*FIRST NATIONAL BANK OF NET PAYROLL TRANS-AP 9999-2030 000865 IP 030372 1994/04/13 $1,274.00 $1,274.00*GREAT WEST LIFE ASSURA DEF COMP W/H 9999-2030 000853 IP 030373 1994/04/13 $146.50 $146.50*HENNEPIN COUNTY SUPPOR MARK THOMTON iC02667 9999-2030 000864 • IP 030374 1994/04/13 $164.00 $164.00*HENNEPIN COUNTY SUPPOR DALE SKREEN iC026231 9999-2030 000859 • IP 030375 1994/04/13 $50.00 $50.00*ICMA RETIREMENT TRUST-W/H DEF COMP 9999-2030 000862 * . , IP 030376 1994/04/13 $5.09 $5.09*MINNESOTA BENEFIT INS W/H 9999-2030 000857 IP 030377 1994/04/13 $2,758.22 $2,758.22*MINNESOTA DE7 Or RLVE SATF TAX WITHHELD 9999-2030 000867 IP 030378 1994/04/13 $100.00 $100.00*MN STATE RETIREMENT-DE W/H DEF COMP 9999-2030 000855 IP 030379 1994/04/13 $109.92 $109.92* PEBSCO/OBRA W/H DEF COMP 9999-2030 000854 IP 030380 1994/04/13 $1,313.46 $1,313.46*PEBSCO/US CONF OF MAYO W/H DEF COMP 9999-2030 000858 IP 030381 1994/04/13 $54.00 $54.00* PERA LIFE INS INS W/H 9999-2030 000868 IP 030382 1994/04/13 $3,537.39 $3,537.39* PERA PERA W/H 9999-2030 000863 ■ * IP 030383 1994/04/13 $18.00 $18.00* UNITED WAY CHARITY W//H 9999-2030 000869 ,V “. -5 ‘ 41 V ^ ■ u J UtfMMkaBMia .)COUNCIL CHECK KEOISTER H.d Apr 13 ,,94 23:56:41CHECK AMOUNT VENDOR )Odescription account •S63.529.07 INVOICE PO NUM.2MANUAL '. ’*. .*'X'S i. i* . * rV»,., * • ♦ ' * i- >. a: 'A- : t..r .r f *. ,rt i. . ,h •mu j COUNCIL CHECK REGISTER Thu Apr 21 1994 CHECK NO CHECK DATE CHECK AMOUNT 23:15:49 VENDORAMERICAN NATL BANK DESCRIPTION AGENT FEE/DESTRUCTIO ACCOUNT If 0907-4630 INVOICE000871 ?0 NUM.Page 1 MANUAL IP030307030388030389 030390 030391 030392 030393 030394 030395 030396 1994/04/251994/04/251994/04/251994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 $25.00$25.00*$389.57$389.57*$36.00$57.08$93.08* I' I $62.21 650.71 34C.50 $.,865.30 $274.50 $1,242.65 $185.00 $126.00 1,205.08 5,957.95* $40.32 $40.32* $90.09 $210.20 $300.29* $445.00 $445.00* ;481.53 $-61.53* $25.90 $75.35 $7.25 $21.67 $1.40 $21.75 $3.25 $4.40 $.85 $161.82* $3,429.54 $189.87 $3,619.41* ANCHOR PAPERAUGIES MOBILE CHEF AUGIES MOBILE CHEF BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN BRINKHAUS-JACK BUDGET PRINTING BUDGET PRINTING COFFIN GRONBERG COPY PAPERCOFFEEfiVlOWICHES ENC '.ETAINER FEB LEAD/COPPER WATER IS ENG-ORONO BASEBALL A ENG CONSULT FEB UPDATE CITY PARKS MA STUBS BAY SWR ENG FE WILDHURST TRAILS DRA ENG CONSULT FEB MSA GENERAL FEB MILEAGE WATER SCHOOL COPY RATE LETTERS COPY RATE LETTERS OTHER CONSULTING COLONIAL LIFE INS CO LIFE INS-APRIL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL COMMERCIAL LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP COPY DUP PR INC COPY DUP PR INC $6.00 CULLIGAN LIFE INS APRIL LIFE INS APRIL LIFE INS APRIL LIFE INS APRIL LIFE INS APRIL LIFE INS APRIL LIFE INS APRIL LIFE INS MAR/APR LIFE INS APRIL MAINT CONTRACT COPY MACHINE APRIL WATER SOFTENER APRIL 9001-12610591-48020591-4802 0200 0549 0200 0840 0200 0408 0200 0200 0200 4304 4305 4305 4305 4305 4305 4305 4305 4305 0549-4381 0549-4322 0569-4322 0299-4306 0129-4152 0069 0129 0174 0249 0549 0039 0569 9001 0590 4152 4152 4152 4152 4152 4152 4152 1298 4152 9001-1283 0129-4210 0590-4343 7891760120073/2198620073/21986 0282298 0282298 0282298 0282298 0282298 028300 0282298 0282298 028299 000872 42751M 42751M 1055 000874 000875 000875 000875 000875 000875 000875 000875 000875 o00875 01901021 1901260 000873 IPIP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP' IP IP COUNCIL CHECK REGISTER Thu Apr 21 1994 23:15:49 Page 2 MANUALCHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT If03039703039S1994/04/25 $286.00$288.00*DAHLGREN SHARDLOW PARK DED LAND MEMO 0174-4306 15294 IP0303991994/04/25 $10.00$10.00*DIXIE PETRO-CHEM DEMURRAGE 0549-4234 001031977 IP0304001994/04/25 $103.35$103.35*EARL P ANDERSON ASSC SIGNAGE 0590-4399 131010 IP0304011994/04/25 $228.00$228.00*EAST SIDE BEVERAGE BEER 0591-4815 346660 IP0304021994/04/25 $320.00 $320.00* ELM CREEK GOLF SHARPEN 4 MOWERS 0590-4342 000077 IP 030403 1994/04/25 1994/04/25 1994/04/25 $75.00 $1,500.00 $1,850.00 $3,425.00* ELMER J PETERSON CO ELMER J PETERSON CO ELMER J PETERSON CO PUMP TRUCK RENTAL PUMPER TRUCKS RENTAL PUMPER TRUCKS RENTAL 0569-4331 0569-4331 0569-4331 000095 000095 000095 IP IP IP 030404 1994/04/25 $47.00 $47.00*FEDERAL EXPRESS CORP J HURR COUNCIL PACKC 0020-4321 519951573 IP 030405 1994/04/25 $25.00 $25.00* FEED RITE CONTROLS DEMURRAGE 0549-4234 DM15130 IP 030406 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 $278.00 $12.80 $22.59 $142.87 $52.65 $132.49 $641.40* G t. K SERVICES G 6 K SERVICES G & K SERVICES G t K SERVICES G 6 K SERVICES G fc K SERVICES UNIFORMS UNIFORMS UNIFORMS FLOOR MATS UNIFORMS FLOOR MATS 0249-4221 0590-4221 0549-4221 0099-4343 0569-4221 0129-4343 000070 000079 000079 000078 000079 000879 IP IP IP IP IP IP 030407 1994/04/25 $129.C7 $129.67* GENUINE PARTS CO HOSE SET-JET RODDER 0569-4232 291053 IP 030408 1994/04/25 $439.13 $439.13* GOLF CAR MIDWEST VANDALISM GOLF CAR 0590-4342 940618 IP 030409 1994/04/25 1994/04/25 $24.95 $58.30 $83.25* GOPHER STATE ONECALL GOPHER STATE ONECALL OTHER CONSULTING SER MARCH FEE 0519-4306 0569 -4306 4030521 4030521 IP IP 1994/04/25 1994/04/25 1994/04/25 1994/04/25 $1,480.26 $291.00 $158.13 ^582.00 GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC HEALTH INS MAY HEALTH INS MAY HEALTH INS MAY HEALTH INS MAY 0129-4151 0590-4151 0174-4ir.l 0249-415’ 2176484 2176484 2176484 2176404 IP IP IP IP COUNCIL CHECK REGISTER Thu Apr 21 1994 CHECK NO CHECK DATE CHECK AMOUNT 23:15:49VENDOR DESCRIPTION ACCOUNT U INVOICE PO NUM.Page 3 MANUAL030410030411030412 030413 030414 030415 030416 030417 030418 030419 1994/04/251994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 1994/04/25 $2,511.39*$47.54$47.54*$58.46$58.46* I 15.84 15.84* HACH CHEMICAL COHANSEN,STEVEN HAPPYS POTATO CHIP UT.^ SYSTEM MAINT SUMILEAGE WATER SCHOOL POTATO CHIPS $312.36 $312.36*HENN CTY SHERIFF DPT BOOKING FEES MARCH IMS/MN IMS/MN IMS/MN IMS/MN IMS/MN I 53.20 53.20* $57.92 $57.92* JIM HATCH SALES CO $43.91 KUEHN,THOMAS $12.54 KUEHN,THOMAS $6.27 $62.72* KUEHN,THOMAS $1,264.00 LOG IS - SUITE 300 $608.00 LOG IS - SUITE 300 $820.00 LOGIS - SUITE 300 $198.00 LOG IS - SUITE 300 $462.00 LOGIS - SUITE 300 $34.16 LOGIS - SUITE 300 $454.59 LOGIS - SUITE 300 $1,032.71 LOGIS - SUITE 300 $120.00 LOGIS - SUITE 300 $61.32 LOGIS - SUITE 300 $64.09 LOGIS - SUITE 300 $18.00 LOGIS - SUITE 300 $42.01 LOGIS - SUITE 300 $3.75 LOGIS - SUITE 300 $64.09 LOGIS - SUITE 300 $64.09 LOGIS - SUITE 300 $64.07 $5,374.88* LOGIS - SUITE 300 METER METER METER METER METER TAPES TAPES TAPES TAPES TAPES INTERSTATE BATTERIES BATTERY BOOTS-HANSEN MILEAGE 4/1/ TO 4/15 MILEAGE 4/1 TO 4/15 MILEAGE 4/1 TO 4/15 MARCH SERVICE MACH SERVICES MARCH SERVICES MARCH SERVICES MARCH SERVICES MARCH SERVICES MARCH SERVICES MARCH SERVICES MARCH SERVICE MARCH SERVICES MAINT LASER JET 4 PR MARCH SERVICES MARCH SERVICES COURIER MAINT LASER JET 4 PR MAINT l.ASER JET 4 PR MAINT LASER JET 4 PR 0549-42340549-4301 0591-4802 0000-4350 0069 0039 0129 0174 0249 4210 4210 4210 4210 4210 0590-4232 0569-4221 0069-4381 0569-4381 0174-4301 0069 0129 0174 0549 0569 0039 0069 0129 0039 0174 0249 0549 0569 0569 0039 0069 0174 4352 4352 4352 4352 4352 4355 4355 4355 4352 4355 4340 4355 4355 4353 4340 4340 4340 544024000880 147745 000882 17104 17184 17104 17184 17184 112893 3449 C00883 000883 000883 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 AR0394 IPIP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP IP COUNCIL CHECK REGISTER Thu Apr 21 1994 23:15:49 Page 4HECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT II INVOICE PO NUM.MANUAL0304201994/04/25 S149.29 MACQUEEN EQUIPMENT ELGIN SWEEPER PARTS 0249-4232 2942845 IP1994/04/25 5149.29* $95.00 MALEFI JOHNSON-MALEFI CONF 0129-4356 000005 IP0304211994/04/25 $95.00* $95.00 MARK VII DIST BEER 0591-4015 234771 IP0304221994/04/25 $95.00*$300.00 MARTIN-MCALLISTER CARLSON EVALUATION 0129-4306 6560 IP030423 1994/04/25 $300.00* $321.42 MED CTR HEALTH CARE HEALTH INS MAY 0129-4151 1191309 IP1994/04/25 $582.02 MED CTR HEALTH CARE HEALTH INS MAY 0174-4151 1191309 IP1994/04/25 $160.71 MED CTR HEALTH CARE HEALTH INS MAY 0069-4151 1191309 IP1994/04/25 $451.72 MED CTR HEALTH CARE HEALTH INS MAY 0249-4151 1191389 IP030424 1994/04/25 $1,515.87* $291.01 MEDICA CHOICE HEALTH INS MAY 0069-4151 194121102552 IP1994/04/25 $2,016.53 MEDICA CHOICE HEALTH INS MAY 0129-4151 194121102552 IP1994/04/25 $1,143.50 MEDICA CHOICE HEALTH INS MAY 0039-'^! 51 194121102552 IP1994/04/25 $478.17 MEDICA CHOICE HEALTH INS MAY 0174-4151 194121102552 IP1994/04/25 $1,459.58 MEDICA CHOICE HEALTH INS MAY 9001-1298 194121102552 IP1994/04/25 $1,164.04 MEDICA CHOICE HEALTH INS MAY 0249-4151 194121102552 IP.1994/04/25 $199.58 MEDICA CHOICE HEALTH INS MAY 0549-4151 194121102552 IP1994/04/25 $465.75 MEDICA CHOICE HEALTH INS MAY 0569-4151 194121102552 IP 030425 1994/04/25 $374.32 MEDICA CHOICE S WALTERS MAR-APR 9001-129L 194121102552 IP 1994/04/25 $7,592.48* $4,118.00 METRO EROSION INC FOX ST SILT FENCE 0249-4346 418 IP030426 1994/04/25 $4,118.00* $3,168.00 METRO WASTE CONTROL CO MARCH SAC CHARGES 9001-2226 000804 IP030427 1994/04/25 $3,168.00* $20,717.00 METRO WASTE MWCC MAY 9673-1202 51480594 IP030428 1994/04/25 $20,717.00* $28.38 MIDWEST BSNS PROD OFFICE SUPPLIES 0039-4210 C3348 IP1994/04/25 $28.36 MIDWEST BSNS PROD OFFICE SUPPLIES 0069-4210 C3348 IP1994/04/25 $50.83 MIDWEST BSNS PROD OFFICE SUPPLIES 0249-4210 C3340 IP1994/04/25 $58.03 MIDWEST BSNS PROD OFFICE SUPPLIES 0129-4210 C3340 IP•1994/04/25 $28.38 MIDWEST BSNS PROD OFFICE SUPPLIES 0174-4210 C3340 IP030429 1994/04/25 $193.98* $36.22 MINN COMM PAGERS APRIL 0249-4320 7066000494 IP030430 1994/04/25 $36.22* $1,191.74 MN STATE TREASURER ISTQTR SURCHARGE 9001-2222 000886 IP COUNCIL CHECK REGISTER Thu Apr 21 1994 23:15:49 Page SHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT 0 INVOICE PO NUM.MANUAL ,030431 1994/04/25 $1,191.74*$9.73 NAVARRE HARDWARE EQUIP PARTS 0129-4232 000891 IP1994/04/25 $36.14 NAVARRE HARDWARE EQUIP PARTS 0290-4232 000091 IP1994/04/25 $30.96 NAVARRE HARDWARE EQUIP PARTS 0249-4232 000091 IP1994/04/25 $90.51 NAVARRE HARDWARE BLDG/GROUNDS MAINT S 0290-4231 000091 IP1994/04/25 $119.94 NAVARRE HARDWARE CHAIN LS H20 0569-4232 000891 IP1994/04/25 $3.39 NAVARRE HARDWARE BLDG/GROUNDS MAINT S 0129-4231 000091 IP 1994/04/25 $6.49 NAVARRE HARDWARE UTIL SYSTEM MAINT SU 0569-4234 000091 IP 030432 1994/04/25 $30.85 NAVARRE HARDWARE BLDG/GROUNDS MAINT S 0590-4231 000091 IP 1994/04/25 $328.01* $9.10 NORTHLAND BUSINESS MAINT AGREE RECORDER 0129-4340 EE2043 IP030433 • 1994/04/25 $9.10* $49.78 NSP UTILITIES 024 -4324 000088 IP1994/04/25 $7.40 NSP UTILITIES 0290-4324 000009 IP1994/04/25 $311.28 NSP UTILITIES 0569-4324 000809 IP1994/04/25 $65.78 NSP UTILITIES 0590-4324 000009 IP1994/04/25 $7.40 NSP UTILITIES 0290-4324 000890 IP1994/04/25 $1,481.72 NSP UTILITIES 0549-4324 000007 IP 030434 1994/04/25 $391.51 NSP UTILITIES 0569-4324 000090 IP 1994/04/25 $2,314.87* $108.90 O'SULLIVANS NAVARRE AU TRUCK REPAIRS 0174-4341 14600/14876 IP030435 1994/04/25 $108.90* $133.00 PATTI AFFELDT REFUND WATER METER 0549-4399 000070 IP030436 1994/04/25 $133.00* $24.00 PERA INS LIFE INS MAY 0129-4152 000096 IP030437 1994/04/25 $24.00* $33.69 PERA MAKEUP WH GOMAN PP04 9999-2030 000092 IP030436 1994/04/25 $33.69* $141.60 PERRYS TRUCK REPAIR MAINT SQUAD 165 0129-4341 13005 IP1994/04/25 $44.73 PERRYS TRUCK REPAIR TOW SNOWMOBILE 0129-4342 4214 IP 030439 1994/04/25 $156.07 PERRYS TRUCK REPAIR MAINT SQUAD #161 0129-4341 13133 IP 1994/04/25 $342.40* $133.50 • PLUMBING/HEATING DOCTO ELECTRIC PANEL SHIEL 0099-4342 M10561 IP030440 1994/04/25 $133.50* $651.62 PRAIRIE OFFSET TICKETS 0590-4210 102350 IP030441 •1994/04/25 $651.62* $4,630.42 PUBLIC EMPL RET ASSN PERA 3/20 TO 4/10/94 9999-2031 000094 IP030442$4,630.42* COUNCIL CHECK REGISTER Thu Apr 21 CHECK NO CHECK DATE CHECK AMOUNT 1994 23:15:49VENDOR DESCRIPTION ACCOUNT »Page 60304431994/04/25 $37.93$519.26$557.19*PUBLIC EMPLOYEE RETIRE PUBLIC EMPLOYEE RETIRE PERA 1/1 TO 2/13/94 PERA 1993 GOMAN 0185-41419001-2031 000093000893 IPIP0304441994/04/25 $9.52$9.52*RICKS SUPERVALU DIXIE CUPS 0590-4343 000897 IP0304451994/04/25 $3.90$3.98^RITZ CAMERA FILM PROCESSING 0129-4210 3766840 IP 030446 1994/04/25 $6,014.00 $6,014.00* ROLF E ERICKSON MAY ASSESSING 0059-4307 000876 IP 030447 1994/04/25 1994/04/25 $79.61 $59.91 $139.52* SOS PRINTING SOS PRINTING DARE CERTIFICATES DARE CERTIFICATES 0840-4243 0840-4243 45495/45672 45495/45672 IP IP 030448 1994/04/25 $292.00 $292.00* ST CLOUD STATE UNIVERS FISCHENICH-DRIVING C 0129-4356 000898 IP 030449 1994/04/25 $11.17 $11.17* ST PAUL BOOK & STATION PAPER CUTTER BLADES 0129-4340 16133171 IP 030450 1994/04/25 $45.00 $45.00*STA-SAFE LOCKSMITHS LOCK REPAIR 0129-4343 3327 IP 030451 1994/04/25 $86.00 $66.00* STEVENS WELL DRILL WELL REPAIR BEDERWOO 0290-4342 137 IP 030452 1994/04/25 $10,516.00 $10,516.00* THANE HAWKINS POLAR CH 1994 CHEV 1/2 TON P.0632-4550 RZ207200 IP 030452 1994/04/25 1994/04/25 $33.86 $15.40 $49.28* THE LAKER THE LAKER AD-SEAL COATING PROJ BOARD OF REVIEW NOTI 0249-4322 0059-4322 903 991 IP IP 030454 1994/04/25 1994/04/25 $182 35 $75.25 $257.60* THORPE DIST CO THORPE DIST CO BEER BEER 0591-4815 0591-4815 31625 5068 IP IP 030455 1994/04/25 $1,082.90 $1,082.90* TREADWAY GRAPHICS DARE SHIRTS 0840-4243 0023972-IN IP • 030456 1994/04/25 1994/04/25 1994/04/25 1994/04/2j 1994/04/25 1994/04/25 $9.49 $69.70 $46.48 $54 90 $42.25 $98.95 $321.77* UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS UNLIMITED UNIFORMS-KING UNIFORMS-KING UNIFORMS-ANDERSON UNIFORMS-GOMAN UNIFORMS-WESTERDAHL UNIFORMS-BRANDENBURG 0185-4221 0185-4221 0129-4221 0185-4221 0129-4221 0129-4221 000901 000901 000901 000901 000901 000901 IP IP IP IP IP IP COUNCIL CHECK REGISTER Thu Apr 21 1994 23:15:491994/04/251994/04/251994/04/251994/04/251994/04/25030,57030,50030,59 030.50 030.51 CHECK AMOUNT VENDOR DESCRIPTION INVOIC$44.38$44.38$63.88$44.38$17.75$26.61$241.38*US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN DATA LINEdata lineCOMM LINE WTR TOWER/ DATA LINE DATA LINE DATA LINE 0069-43550129-43550549-43200174-43550549-43550569-4355 000899000899000900000899000899000899$1,630.00$1,630.00*W HENNEPIN HUMAN SBR 1994 CONTRIBUTION 0100-4385 000903$66.03$66.03*WARNING LITES OP MN RENTAL WARNING LITES 0249-4331 0055803 $282.23 $282.23*WAYZATA BAY CAR WASH CAR WASH TICKETS 0129-4341 000902 $2,704.50 $2,704.50*WAYZATA-CITY OP PIRB PROTECTION 2ND 0133-4318 000904 PO NUM. $97,971.19 Page 7 MANUALIPIPIPIPIPIPIPIP IP IP INFORMATION ITEMS COUNCIL MEETING COUNCIL MEEHNG APR 2 5 1994 CITY OF ORONO OF "■APR- 2 1 1994 DEEPHAVEN I'J 0' ^ ^r»;p^ ^ • 4. «. • -• w. April 18, 1994 TO: Fellow Mavors/Councilmembers - 14 Communities surrounding Lake Minnetonka FROM: Mayor/Councilmembers of the City of Deephaven RE: Goose Control This evening the City of Deephaven Council unanimously moved to approve another three year contract for goose control through the University of Minnesota - James A. Cooper, Fisheries and Wildlife. The Canadian Critter continues to threaten and disrupt the enjoyment of all parks and beaches surrounding Lake Minnetonka for the benefit of our Citizens. This program is certain to be more effective if each City were to share in responsibility by making this an annual effort to control the geese population that have become a public nuisance within the 40,000 acres of precious wetlands we all share. Therefore, we urge you to adopt a similar program. Sincerely, Mayor Howard Bennis Councilmembers Mary Raymond, Dick Brown, Jerry Laughlin and Dale Moe Cih/ Offices: 20225 Cottagewood Road Deephaven. Minnesota 55331 (612) 474-4755 Piddic \NorkslBuildin<! Inspections (612) 474-4759