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03-08-1993 Council Packet
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ROLL The Council met on the above date with the following members present: Mayor Callahan, CouncI I members Charles Kelley, J. Diann Goetten, and Gabriel Jabbour. JoEllen Hurr arrived at 7:45 p.m. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning AdminiStrator Jeanne Mabusth, Assistant Planning & Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, City Engineer Glenn Cook, City Attorney Kevin Staunton, and City Recorder Teri Naab. Planning Commission members Maureen Bellows and Stephen Peterson ana Park Commission members Dick Flint, Li Ii Me McMillan and Susan Wilson were present. Mayor Callahan called the meeting to order at 7;30 P.M. (#1) CONSENT AGENDA Jabbour added Items #4, 14 and 15. It was moved by Jabbour, seconded by Kelley, to approve the Consent Agenda as amended. Ayes 4, nays 0. Goetten opposed Item #14. Hurr was not present for this item. Motions for all items adopted by consent agenda will be included In the minutes in their respective nu.nerical order. (#2) APPROVAL OF MINUTES Goetten asked that Page 7 be changed to read, "how the prohibition of . .". It was moved by Goetten, seconded by Mayor Callahan, to approve the minutes of the regular meeting of the Council held on February 22, 1993. Ayes 4 nays 0. PARK COMMISSION COMMENTS (#3) ORONO BASEBALL ASSOCIATION EASE AGREEMENT - BEDERWOOD PARK Flint reported in March of 199U was granted approval for the use of Bederwood Park for their Little League program, but the minutes of that meeting are unclear whether that usage was approved for three or four years. He noted the Park Commission has annually reviewed the use of the park and the Little League seems to have a good rapport with the neighbors. This year OBA appeared before the Park Commission to request the use of the park for one additional year to allow time to work toward finding a permanent location. The Park Commission recommended approval of such us©. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8. 1993 OBA LEASE AGREEMENT - CONT. John Merridth, Watertown Road, represented several people and reported they do not have a problem with the Park Commission’s recommendation. Steve Carlson, President of Little League, explained they are in the process of establishing a committee to work to/ard positive action of a long-term goal. Their intent is to use the park for one more year. Mayor Callahan asked clarification of the organization. Carlson explained OBA is the umbrella organization, under which different age groups are represented. He noted boys 9 to 12 play at Bederwood Park. He said they are considering several sites for the new location. The committee is made up of members of the OBA Board and citizens. KeI ley questioned whether members of the Park Commission and/or the Planning Commission will be involved with the committee. Goetten suggested OBA canvass other cities within the school district for support also. Mayor Callahan questioned whether a new field could be ready for play for the 1994 season. He recalled a serious opposition to the use of Bederwood Park in 1990, but after repeated assurance by OBA that the use was only temporary, Council approved the use. He said It appears that once that approval was granted, activity toward a long-term goal ceased. Gary Larson, President of OBA, said he has worked two years with the hockey arena board hoping to add ball fields to their plan for property at 6th Avenue and Old Crystal Bay Road. That plan has recently falIen apart, at which time OBA began looking at the site in Map Ie Plain. Jabbour stated Bederwood Park would never accommodate Little League’s long term needs. Larson said they are working toward a solution, but currently do not have the funding to develop the school district site by themseIves. Kelley suggested both the hockey and baseball associations should review the site again. He wanted the organization to continue to play In Orono. i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 OBA LEASE AGREEMENT - CONT. Bellows asked the City to consider a commitment to work with the school district to enhance the sense of community spirit. Goetten noted the committee felt the issue was school district- wide, and not specific to Orono, therefore support should be rallied from the other communities. Jabbour felt the City should participate financially in locating the new park, but questioned to what extent Orono should fund and physically support 1 of 50 organized sports in Orono. Mario Merridth said she is happy to serve on the committee, and asked Council to make a decision that this will be the final year of use at Bederwood and have the improvements removed as agreed upon. She noted there are very few improvements that are needed at the Maple Plain site and the City welcomes OBA. She added the site could be ready for play for the 1993 season. Goetten expressed concern that OBA may not be continuing with Little League and may not have appropriate insurance. Carlson clarified that OBA is considering discontinuing Little League affiliation because children in open enrollment are not allowed to play on the teams. He said they still would have Insurance and would not play without it. He stated Orono has enough players to establish their own league, and felt this issue and Bederwood Park are not Intertwined. He noted if they do discontinue affiliation, it would not be impossible to later rejoin, as they would continue using Little League rules in the interim. Mayor Callahan asked If this age group would continue to be a part of OBA if Little League were discontinued. Carlson explained OBA is the umbrella organ Ization, of which they would remain a part. He said Little League offers rules, reasonable rates on insurance, and post season tournaments. Jabbour thanked all for their work on this issue. Carlson noted the next meeting of the committee Is scheduled for March 18th. Jabbour agreed with the Park Commission’s recommendation, but stressed the necessity for OBA to offer a solution for the 1994- season . MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 OBA LEASE AGREEMENT - CONT. It was moved by Hurr, seconded by Kelley, to approve the use of Bederwood Park by OBA per the Park Commission recommendation, based on monthly progress report to the Council by the committee, and -:^cceptable insurance is provided by OBA. Goetten suggested Council be apprised of any and all changes in the use of the park or progress of the committee. Kelley inqtired when It Is appropriate to discuss financial aid. Jabbour felt it is the City’s prerogative to purchase from OBA the improvements to Bederwood Park. Mayor Callahan noted that issue is not a part of the agenda or the mot I on. Hurr stated she does not have reservations to financially support sport activities within the City. Vote: Ayes 5, nays 0. PLANNING COMMISSION COMMENTS Bellows expressed Interest on the part of the Planning Commission to continue in the spirit of a good working relationship, and suggested a Joint session with the Council. PUBLIC COMMENTS There were no comments. ZONING ADMINISTRATOR’S REPORT (««4) *1457 ALAN CARLSON, 3140 WATERTOWN ROAD - REQUEST FOR SECOND EXTENSION OF PRELIMINARY PLAT APPROVAL - RESOLUTION W3242 It was moved by Jabbour, s .conded by Kelley, to adopt Resolution #3242 for Application #1457 Alan Carlson, 3140 Watertown Road, granting extension of the effective period of preliminary plat approval for the plat. Crystal Creek. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 (#5) 1M792 DONALD GRONBERG, 110 LEAF STREET - VARIANCE Donald Gronberg and Mark Gronberg were present. Mabusth reviewed at the February 8th meeting this application was tabled allowing the applicant time to revise his plan and return with a plan that would reduce or eliminate the encroachment Into the protected wetland area. She reviewed two plans submitted, of which the applicant prefers Plan B which proposes a 67’ setback from the tributary, 1.7% hardcover in the 0-75’ setback area, and 6.3% over the allowed in the 75-250’ zone. She referred to a drainage plan submitted indicating Plan B provides for more run off being directed to the 250-500’ zone and away from the tributary where Plan A would result in greater drainage going to the trIbutary. Mark Gronberg stated this house is proposed to be 10’ closer to the road than the nearest house in the area, and only encroaches the creek by 8’. Currently there are adjacent residences located up to 49’ from the creek. He added an OHWL has not been established for the creek. Jabbour felt the applicant has made an attempt to address the Council’s concerns and thanked him for that. Goetten noted the Council had asked that the house be downsized to better fit the setbacks. Mark Gronberg noted that has been done. He noted the setback from the road for this proposed house is measured from a 25’ wide right- of-way opposed to the 33’ used by adjacent residences, thereby locating the residence actually 8’ closer to the road that other houses. Kelley asked If the property would need variances if it were not for the new shoreland regulations. Mabusth stated a 26’ tributary setback would have been reauired, and hardcover would not h«/e been a consideration. However, a lot area variance would still have been necessary. Don Gronberg felt it very stringent to go from a 26’ setback to a 75’ setback in one year. Hurr asked if the DNR would review the proposal. 5 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1792 - CONT. Mabusth explained the proposed residence meets the requirement of a 50’ setback and therefore a review necessary. DNR’S s not Hurr expressed concern about the need for a hardcover variance. Mark Gronberg noted they ha^'e given property for the road easement, and therefore should be given consideration for the overage in hardcover. Goetten voiced concern that the City has just adopted the new shoreland regulations, and granting setback variances would set a negative precedent. Mark Gronberg asked that Council review each Individual lot. He noted the pond was artificially created. Jabbour stated the ordinance was written with the intent to help to purify water entering Lake Minnetonka. He felt the applicant would obtain the desired setback just by waiting until the water level of the creek went down. Mabusth noted the dam controls the OHW of the ponding tributary. It was moved by Jabbour, seconded by Hurr, to approve Application #1792 Donald Gronberg, 110 Leaf Street, approving Plan B per the hardships stated with the Planning Commission recommendation, and granting setback, hardcover and lot area variances for a new residence. Ayes 3, nays 2. Goetten and Mayor Callahan voted nay. Motion carriea. (#6) #1796 PETER W. T. L*ALLIER, 2684 LYDIARD AVENUE - CONDITIONAL USE PERMIT - RESOLUTION #3243 Mr. L’AI Her was present. Mabusth explained the applicant seeks a conditional use permit for the Installation of a kitchen within a guest apartment. A permit has been issued for the construction of all but the kitchen area. Access to the apartment is via a skyway, an Internal stairway and a safety access through a three~season porch. The Planning Commission has recommended removal of the access stairs from thei three~season porch, however staff has asked CouncI I to consider allowing the fear access stairs to remain for safety reasons, especially due to the fact that the apartment is over the garage area. 6 eJ L MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1796 - CONT. Bel lows noted the PI ann I ng Comm i ss i on mer. *s all felt the sta^ rway should be removed, but she could understand the safety reasons for maintaining the stairs. Goetten expressed a major concern with approving this application when in the past they have repeatedly denied any outside access to guest apartments. Kelley agreed and noted primary access will not be through the principal residence for this unit. Bellows suggested the elimination of the internal stairway. L’Allier stated that Is his only internal access from the principal residence to the garage. He noted the guest apartment area was originally designed as an open play area, but the Fire Code required the installation of the doorways. He noted the stairs off the deck area were added only for safety reasons and actually descend to a wooded area to the rear of the property. Mayor Callahan asked what Is to stop the applicant from screening under the skyway. L’Allier noted that is his only access to the rear yard. Mayor Callahan noted their concern about apartment, but Council may be willing to access upon staff recommendation. three accesses to the agree with the safety L’Allier noted the Internal access provides wheelchair access to the first floor In case of emergency. He stated that access is most usable and safe. Kelley stated he is not In favor of the application, but would be willing to approve conditioned upon removal of the kitchen when the parents no longer live in the residence. L’Allier agreed to that condition and noted the kitchen can easily be removed. Staunton said the ordinance states, "at least one access door must be provided from within the primary residence". He opined that this can only be allowed if the garage is considered part of the principal structure because the skyway ties the two together. MINUTES OF THE .TEGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1796 - CONT. It was moved by Kelley, seconded by Hurr, to adopt Resolution #3243 for AppIicatlon #1796 Peter W.T. L’AIIier, 2684 Lydiard Avenue, for a conditional use permit to allcw a non-rental guei>c apartment, conditioned upon the kitchen to be removed if the parents of the applicant are to move out of the apartment. Hurr asked Kelley to define "move out". Kelley stated they must consider the apartment as their legal residence. Hurr felt uiat too restrictive. L’AIIier stated his father probably will be required to move to a nursing home In 3-5 years. Kelley modified his motion to Indicate If the apartment is no longer used by the parents. Vote: Ayes 3, nays 2. Goetten and Mayor Cal Iahan voted nay. Goetten fel‘ the condition highly restrictive and not fair to the appIicant. (#7) #1802 ORONO INDEPENDENT SCHOOL DISTRICT #278, 770 OLD CRYSTAL BAY ROAD - CONDITIONAL USE PERMIT - RESOLUTION #3244 Dr. Mich, Neil Lawson, Melanie DeLuca, John Marlsh, Vandervan and Don Anderson were present. Martha Mabusth explained the applicant seeks approval of a conditional use permit for the construction of a 36x50’ addition to the southeast side of tha existing building for expanded daycare use. Mich stated this would be an extension of the school campus. Hurr questioned, as a taxpayer, the need for additional facilities when those available are not used to their fullest capabilities. 8 ! MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Mich exolained current facilities are being used to their fullest extent. He noted some uses proposed for this buildinc cannot be Incorporated within the existing school campus, such as a teen center. The building Is proposed as a multi-purpose center to encompass all Community Educational needs, and the use of the buiIdIng may change over time. He noted taxpayers have supported the expansion 'rough the approved referendum which will pay for the addition. He added daycare fees charged pay all operating expenses of the building. Bellows reported the Planning Commission felt this expansion appropriate as it supports the existing school campus. Jabbour questioned their ability to approve a multi-use conditional use permit. Staunton opined it is acceptable for the Council to approve a multi-use if those uses are defined. Kelley asked if they propose a full-sized kitchen and inquired about the correlation between a good breakfast and the learning process. He asked if the daycare is forced to follow guidelines of the County. DeLuca explained a serving kitchen will be provided which does not include a stove as meals wMI be provided from the campus cooking facilities. It was determined through a survey of the community, that serving a fuI I-breakfast was not a vital need. She indicated they follow guidelines established for daycares by the Department of Education, and have elected to adopt the County’s standards In addition. Mayor Caiiahan questioned staff’s report. He asked about criteria and enforcement of such. Mabusth explained they are dealing with an unknown commodity as al I uses are not specifically defined. Bellows felt the ambiguity may be coming from the parking issue, which the Planning Commission addressed. It was determined that proposed parking meets the most restrictive standards required, and additional parking may be available If deemed necessary in the future. Jabbour felt the School should define Its uses J MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Kelley felt that since the school has either ar Implied or approved conditional use permit for the western campus, this use could fall within the parameters of that approval and it is not necessary to define each use. He stressed he does not want a for-profit organization to run the latch key program. Mayor Callahan felt the conditional use permit approval was not conveying the intent of the code if it is to allow lesser Improvements conditioned upon future review. Goetten stated that additional review Is always an option with conditional use permit approval. She welcomed the plan, and felt the mu 111-purpose design good because of the need for the community to look at differt.it ways to handle situations, -^he felt the school district should not be *equired to report on .c./ uses. Jabbour reiterated a need to define school uses for the building. Marlsh explained over the years the School District has had an obligation to provide for the demands of the public. These demands evolve and change over time. The buiIding ai lOws for flexibiI ity to provide for those changing uses. He proposed they write parameters based on reasons for purchasing the property. Mich stated Community Education is governed by requirements defining uses. statutory Martha Vandervan suggested writing the conditional use approval to encompass school district programs as known pub lie. perm!t to the Kelley felt this an example of the City trying to over regulate an approved use. Staunton reiterated one permitted use under the condltiona! use permit section of the code Is a school. DeLuca stated the statutory parameters are very broad and are subject to change from year to year. It was moved by Hurr, seconded by Mayor Cal lahan, to table consideration of Application #1802 for Orono School District #278 to allow applicant time to provide further information helpful In drafting the approved uses within the resolution^ in order to protect the interests of the City and the School District. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1302 - CONT. Lawson noted the School District has provided all Information required by staff to date, and added a delay would prohibit the building from being completed for the next school year. Hurr withdrew her motion. Mabusth explained the parking lot is to remain, and staff has asked that striping be provided. Planning Commission has recommended approval of the one stall within the 50’ setback. She noted the City is asking the School District for cooperation in dedication cf an easement for the bike trail. Staff recommended the median be curbed, but the School has asked that not be required as the area is used for play by the children. At a minimum a 3’ wide raised bumper is requested around the light poles, and signage be provided to direct one-way traffic flow. She noted the appi icant has asked that the requirement for a Letter of Credit be waived. Goetteri felt the Letter of Credit is not necessary as they know the commodity they are dealing with. Jabbour agreed. Mayor Callahan asked Sullivan to comment on the curbing. Sul I Ivan stated the curbing would be helpful In das Ignat ing parking areas, but is not necessary. Marlsh stated the curbing would created a maintenance nightmare. Jabbour Inquired about the bike trail easement. Mich reported the Board has approved the easement In front of the student center with additional setbacks, but not fronting the school property to County Road 6, conditioned upon safety features being added. Flint noted they will not need the additional easement from the rest of the school district property. KeI ley expressed safety concerns with the access to the property. He suggested access be widened, and striping and signs be added for the crosswalk. He agreed with the curbing only around the light poles. Lawson noted the parking lot was specifically designed for use by emergency vehicles and busses. He added the crosswalk striping is in place. He said the tight poles do include a cement base. 1 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1802 - CONT. Hurr felt aesthetically she would like to concrete chunk around the pole. see more than just a It was moved by Hurr, seconded by Mayor Callahan, to tabl^ Application #1802 for the Orono School District #278, until such time that statutory limits are supplied to the City. Staunton referred to the State Statute that identifies a wide variety of services to be provided by Community Education. He said one can assume that the School District Is contemplating uses within the confines of the Statute. Mayor Callahan suggested incorporating permitted uses as set forth in the State Statute. Jabbour suggested that at one time if the buMding is used to its maximum capacity, the conditional use permit approving the church use may have to cease. He felt this should be addressed now. Goetten said the church already has conditional approvaI. use permit Vote: Ayes 1, nays voted nay. 4. Mayor Callahan, Kelley, Goetten and Jabbour It was moved by Kelley, seconded by Goetten, to approve Application #1802 for Orono Independent School District #278, for a conditional use permit to allow the expansion of current day care facilities, subject to the Board of Educations’ placement and supervision of saia property, and conditioned upon curbing be placed around the light poles, appropriate landscaping, and approved egress and ingress. Ayes 2, nays 3. Mayor Callahan, Jabbour and Hu»"r voted nay. Ho*ion failed. It was moved by Jabbour, seconded by Hurr, to adopt Resolution #3244 for AppIication #1802 Orono Independent School District #278, 770 Old Crystal Bay Road, approving a conditional use permit as proposed, approving uses limited to those approved in the State Statute. Ayes 5, nays 0. Mayor Callahan called for a break from 10:20 to 10:29 p.m MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 (#8) #1803 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - PRELIMINARY SUBDIVISION - RESOLUTION #3245 Keilay abstained from discussion on this issue. Robert Mitchell and Rick Sathre were present. Mabusth explained the appileant proposes a subdivision creating one residential lot from an outlot created within the Woodhill Ridge subdivision. The outlot is approximately 8+ acres. The driveway wi I I service th»"ee residential units and a caretaker’s residence. Applicant proposes a 50 wide road outlot but asks that the private road be developed at the time a fourth lot is to be served by the road. The issue is the type and extent of improvements Council will require for the road. The Carpenter residence is serviced by a road off Russell Avenue. The applicant proposes to plat a 50’ wide private road outlot and cul-de-sac in the southwest corner of the property. The City Engineer has agreed to the road being platted in the current private drive corridor, if the road is posted 20 MPH. The Planning Commission recommended requiring read improvements to the northern boundary of the property. Applicant has asked that road Improvements be placed on hold until a fourth residence is servf^d by the road, but has agreed to provide a turnaround in place of the cul-de-sac. A cul-de-sac would impact the Carpenter property and require removal of mature trees. Bellows reported the Planning Commission did not feel the turnaround necessary if the road were widened. Tom McNeills. 355 Woodhill Road, agreed with the Planning Commission recommendation. He noted there are 3 to 5 residences served by the private road. He felt the cul-de-sac was not necessary as the road is posted '"private", but asked that Council consider a parking apron for vehicles unable to make the steep grade in the winter. This could be done without destroying existing vegetatI on. Mitchell requested Council consider the portion of the roadway after the curve be allowed to be repaired and remain at its current width of approximately 22’ as it is in good condition, and just require widening of the lower portion of the road which is narrow and in poor condition. John Prudden, Woodhill Road, stated he does not want to pay for a new driveway to facilitate the development. He supported the Planning Commission’s recommendation to improve the road to the nerthern boundary. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1803 - CONT. Mayor Callahan questioned at what point the turnaround would be converted to a cul-de-sac. Mabusth said at the point the Prudden property was developed. Mitchell reviewed the impact on the environment if the road were required to be widened past the curve. He said the road is wide enough in that area to allow two cars to pass. He said it would be very expensive to widen the road In this area. Prudden agreed to just the repair of the road running east to west. Hurr Inquired who would bear the cost of a future road Improvement if not done at this time. Mabusth stated the final developer would be the responsible party. She reiterated the City will obtain a road and utility easement over the entire 60’ wide road outlot. Bellows stated the Planning Commission in their recommendation strived to provide consi‘;tency with the directives of the code. McNeills added they will incur additional water problems with a widened road to this area. He questioned how the drive would be installed over the drainage area for Lot 1, Block 1. Hurr cautioned the Council in accepting the environmental reasons for not widening the road at this time, as those may be the same reasons given to waive a future widening of the road. Jabbour agreed, but noted the City Just approved the rebuilding of Leaf Street at a sub-standard width of 22’. He suggested they revisit their standards. H<i encouraged rural development in this area to protect the environment. He added it will be the responsibility of a future developer to upgrade the remaining portion of the road. Cook added the road does not meet design standards for the curve. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 ZONING FILE #1803 - CONT. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #32A5 for AppI ication #1803 for Woodh i I I Country Club, 200 Wood.h i i I Road, granting preliminary approval of the plat of Woodhill Ridge Second Addition, per the recommendation of the Planning Commission with the exception that the northern portion past the curve need only be repaired at existing width, and if the property to the north is divided, developer of such will be responsible for the widening of the remainder of the road, and conditioned upon a parking apron be provided at the curve. Jabbour withd’*ew his motion as there was confusion about the width of the road approved. It was moved by Hurr, seconded by Jabbour, to adopt Resolution #3245 for AppIication #1803 for WoodhiI I Country Club, 200 WoodhII I Road, granting preliminary approval of the plat of Woodhill Ridge Second Addition, with the inclusion of a parking apron at the curve, and the width of the northern portion of the road to remain at the ex ?^-'ng width but subject to quality standards of the City. Ayes 4, na-f ^ 0. Kelley abstained. (#9) 1993 ^OINT USE DOCK LICENSES RESOLUTIONS #3246-3251 It was moved by Jabbour, seconded by Goetten, to adopt Resolutions #3246-3251 approve the following 1993 Joint Use Dock Licenses: Sandy Beach Place, Minnetonka Power Squadron, Victoria Estates, Walters Port, FoxhIII, and Big Island, Inc., and directed staff to send Victoria Estates a copy of the City’s ordinance prohibiting the use of polystyrene foam for flotation. Ayes 5, nay 0. (#10) 1993 MARINA LICENSES - REQUEST DIRECTION - ORDINANCE #113, SECOND SERIES Mayor Cal Iahan suggested adoption of an amendment to Section 5.42, excising the duplication of the land use section, and directed staff to send out the 1993 marina license applications. It was moved by Hurr, seconded by Mayor Cal Iahan, to adopt Ordinance #113, Second Series, amending Section 5.42, Subdivision 4 relating to business use standards for lake facilities. Ayes 4, nays 0. Jabbour abstained. Gaffron inquired about Gayle’s Marina being allowed to rebuild their sign, even though they do not have a current marina license. All members said that would not be allowed. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 1993 MARINA LICENSES - CONT. Gaffron reported Gayle’s attorney has started making in-roads towards an agreement. He added Gayle’s Marina ana North Shore Marina were the only two that were not granted a 1992 license. North Shore was not issued a license because of the issue of plant!ngs. Jabbour suggested Council take the position of holding off on requiring the plantings untiI the DNR decides what is appropriate. Staunton stated the inability of the City to issue the sign permit provides another opportunity to put the marina on notice that they do not have a license. (#11) LAKESIDE MARIA - IN/OUT LAUNCHING ISSUES Jim Dunn was present. Jabbour removed himself from the discussion. Gaffron presented a letter from the LMCD stating their position on the in/out launch issue. Dunn questioned at what point the LMCD’s zoning authority begins and ends. He said he would prefer to have Jabbour’s Input on this issue and asked him to join in the discussion. Mayor Callahan f-rsit the LMCD’s authority stops at the 929.4’ elevation, but the l.MCD feels they have to control Orono in order to address boats on the lake. Dunn questioned the LMCD’s authority over on-shore activities. Mayor Callahan agreed but said he would wait until the City had something to challenge, and this would not be the issue. He felt Dunn could attack the LMCD ordinance with some chance to succeed. Hurr noted one concern of the LMCD is how hardcover on shore affects the laKS quality. Jabbour noted that the LMCD had promised In the past to update their ordinance with respect to comparison of usages between marinas. He felt it Is important for the Council to take care of those in Crono. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 MAYOR/COUNCIL REPORT A) Mayor Callahan suggested a work session to begin reviewing the various activities of the City, and another work session prior to the next scheduled Highway 12 committee meetings. He asked If the status report will be suppiled to Counci I as requested by Jabbour. Moorse said staff is working on the report. B) Kelley reported he has met with the City Administrator to review information dealing with the Long Lake Fire Department and their budget versus expenditures. C) KeIiey reported he had lunch with Todd VanDellen to reiterate Orono’s land use phi losophy and to stress the importance of the Highway 12 issue. ENGINEER’S REPORT There was no report. CITY ADMINISTRATOR’S REPORT (#12) VOLUNTEER COMMISSION CANDIDATE INTERVIEWS Mayor Callahan suggested the Council interview and appoint at the next meeting members to the Park Commission and West Hennepin Human Services Planning Board, and to begin to interview the candidates for Planning Commission. Kelley said he would like to see a uniform evaluation sheet for Planning Commission applicants. Jabbour suggested not Interviewing all candidates In one evening, or to have them wait outside the Chambers until their turn so as not to influence their answers. Hurr asked that the Council be provided with a fact sheet on each of the Planning Commission members to be reappointed. (#13) NEW CITY FACILITIES OPEN HOUSE PLANS No action was necessary. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 (*#14) AMENDMENT TO THE CITY’S TOBACCO ORDINANCE - ORDINANCE #114, SECOND SERIES It was moved by Jabbour, seconded by Kelley, to adopt Ordinance #114, Second Series, amending Section 5.24 adopted April 1, 1984 and amended March 26, 1993 and entitled "Tobacco". Ayes 3, nays 1. Goetten voted nay. (#15) 1993 INSURANCE AWARDS Kelley asked If the City seeks bids on Insurance. Moorse explained the largest policy holders are through the League of Cities. Kelley asked the % of Increase due to the new facilities. Moorse stated most of the increase is in property or liability, which has not been worked out yet, and the City will not realize a major increase on the building. After discussion, there was a concensus to award the insurances but no formal motion was made. This item will be formally acted upon at the next meeting. (»#16) BID AWARD - EQUIPMENT & MATERIALS 1993 It was moved by Jabbour, seconded by Kelley, to accept the bids as presented for the calendar year 1993. Ayes 4, nays 0. OTHER ISSUES Hurr questioned approval of the Police Department recognition on an annual basis without a trial period. Moorse stated once estabiished, the expectation will be there to continue the program. Hurr questioned the wage increase and life-threatening illness report, and asked how often an illness of such could be realized. Moorse said they are reviewing that. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MARCH 8, 1993 CITY ATTORNEY’S REPORT There was no report. (*«17) LICENSES It was moved by Jabbour, following licenses: seconded by Kelley, to approve the Septic System Installers; Elmer J. Peterson, Co. Sewerman-MerI In’s Widmer Inc. Thompson Plumbing Corp. Annual Home Occupation License: Ginger Scott, 2620 Kelly Avenue Special Event Permit: "Easy Race" Half Marathon Foot Race, Norwest Bank - Wayzata Office Ayes 4, nays 0. (««18) BILLS It was moved by Jabbour, seconded by Kelley, to approve payment of the All Funds Account. Ayes 4, nays 0. ADJOURNMENT i Mayor Callahan adjourned the regular Orono City Council meeting at n:45 p.m. ATtWt: Edward J. Calla^anT Jr., Mayor O^othy/M.THal I In, City Clerk AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 8, 1J93, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*)Asterisk items are considered to be rcatine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda iten;s are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 1. CONSENT AGENDA* APPROVAL OF MINUTES 2. Regular Meeting of February 22, 1993 7/jr ^993 /■I. PARK COMMISSION COMMENTS 3. Orono Baseball Association Lease Agreement - Bederwood Park PLANNING COMMISSION COMMENTS - Maureen Bellows Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT ** APPLICANTS **Immediately afte>- 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. Request for Second 5 6 8 10 il #1457 Alan Carlson, 3140 Watertown Road - Extension of Preliminary Plat Approval #1792 Donald Gronberg, 110 Leaf Street - Variance - Resolut: ^n #1796 Peter W. T. L'Allier, 2684 Lydiard Avenue - Conditional Use Permit - Resolution #1802 Orono Independent School District #278, 770 Old Crystal Bay Road - Conditional Use Permit - Resolution #1803 Woodhill Country Club, 200 Woodhill Road - Preliminary Subdivision - Resolution 1993 vioint Use Dock Licenses: Sandy Beach Place Minnetonka Power Squadron Victoria Estates Walter's Port Foxhill Big Island, Inc. 1993 Marina Licenses - Request Direction Lakeside Marina - In/Out Launching Issues MAYOR/COUNCIL REPORT ENGINEER REPORT r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 8, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT 12. Volunteer Commission Candidate Interviews 13. New City Facilities Open House Plans 14. Amendment to the City's Tobacco Ordinance 15. 1993 Insurance Awards 16. Bid Award - Equipment and Materials 1993 1\CITY AT^mm'S REPORT LICENSES (17*) BILLS (18 ADJOURNMENT INFORMATION ITEMS INCLUDED IN COUNCIL PACKET UPCOMING ISSUES AND EVENTS 03/08 - Coimcil meeting 7:30 p.m. 03/10 - Lake Use Committee meeting 7:45 a.m. 03/15 - Planning Commission meeting 7:00 p.m. 03/22 - Co’.ncil meeting 7:30 p.m. ^ 03/30 - County Commissioners meeting - Orono Council Chambers 7:00 p.m. 04/05 - Park Commission meeting 7:00 p.m. • Council meeting 7:30 p.m. • Planning Commission meeting 7:00 p.m. ■ Council meeting 7:30 p.m. • 1993 Board of Review meeting 7:30 p.m. 04/12 04/19 04/26 04/29 / . MINUTES OF THE REGULAR ORONO COUNCIL MEETI HELD FEBRUARY 22, 1993 C/ry ROLL The Council met on the above date with the following members present: Acting Mayor Goetten, CounciImembers Charles Kelley, JoEI Ien Hurr and Gabriel Jabbour. Mayor Edward Cal lahan was absent. The following represented the City staff; City Administrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman, City Attorney Kevin Staunton, and City Recorder Teri Naab. Acting Mayor Goetten called the meeting to order at 7:30 P.M. (#1) CONSENT AGENDA Jabbour added Items #3, 4, 6 and 7. Acting Mayor Goetten removed Item #2. It was moved by Jabbour, seconded by Kelley, to approve the Consent Agenda as amended. Ayes 3, nays 0. Goetten abstained. Motions for all Items adopted by consent agenda will be included In the minutes In their respective numerical order. (#2) APPROVAL OF MINUTES Acting Mayor Goetten asked that Jan Haugen’s name be corrected on Page 12. It was moved by Jabbour, seconded by Hurr, to approve the minutes of the regular meeting of the Council held on February 8, 1993. Ayes 4 nays 0. PARK COMMISSION COMMENTS Susan Wilson was present to explain the Park Commission’s request. She said they wish to expand Summit Park beach area by 16’ westward, which will involve the removal of one willow tree. They propose adding new buoys and maintaining the existing dock. The buoys will cost $1,700 and the additional sand $240, to be paid for from Park Dedication Funds. Jabbour asked if a variance will be needed for the removal of the tree within 75’ of the shoreline of Lake Minnetonka. Mabusth said a permit will be required, to be issued by the staff. The additional sand blanket should be approved by the DNR. Gerhardson noted the sand will only be dumped on the shore. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 PARK COMMISSION COMMENTS - CONT. Hurr asked about the dock use and the liability of such. Wilson stated the dock is used to jump off and currently the City maintains three beaches with a dock. Acting Mayor Goetten Inquired about parking. Wilson stated the Park Commission felt the parking Is adequate. She explained the Commission also requests authorization to Install a 6~piace canoe rack on the eastern end of the property at the request of several citizons. The plans and conditions presented are based on those established and used by Plymouth. Acting Mayor Goetten asked if the rack will be visible from the road. Wilson said it will be quite hidden. She Indicated the Commission recommends the City Attorney review the proposed conditions and criteria. Both Improvements are scheduled for the 1993 spring/summer season, and the canoe rack rental will be reviewed after one season. Hurr asked If there Is room for additional racks. Wl Ison was unsure that there was room or that the Commission desired additional racks. It was moved by Hurr, seconded by Jabbour, to support the recommendation of the Park Commission and authorize the expansion of Summit Park beach area, and the installation of a 6-place canoe rack at Summit Park, subject to review after one year, both to be paid for from Park Dedication Funds. Ayes 4, nays 0. LAKE MINNETONKA CONSERVATION DISTRICT Hurr reported the Board will meet on Wednesday, Februar> 24th. Scheduled is a public hearing for the West Point Homeowners’ Association requesting a multiple dock I Icense In the City of Tonka Bav, within the limits of the LMCD ordinance. She reported the Committee’s motion to make buoys comply with the polystyrene ordinance deadlines did not pass. She said Lakeside Marina is advertising boat I aunchIng facilities, which is In violation of the LMCD reguI ations. Jabbour inquired about covered canopies and the LMCD restrictions on such. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 LMCD COMMENTS - CONT. Hurr explained they are permitted, but have greater setbacks than docks. Jabbour suggested the LMCD representative relay to the LMCD’s Committee Orono’s position that If polystyrene is not good for the Lake, it Is net good for anyone putting it into the Lake. Hurr said many feel that the buoys are already encased, but she questioned that fact. It was moved by Jabbour, seconded by Acting Mayor Goetten, to direct the LMCD representative to state the Inconsistencies within the ordinance regarding enforcement of removal of polystyrene. Ayes 4, nays 0. PLANNING COMMISSION COMMENTS There were no comments. PUBLIC COMMENTS There were no comments. ZONING ADMINISTRATOR’S REPORT (»§3) #1768/SI 786 WILLIAM & RHONDA OHLIE, 1860 SHADYWOOD ROAD - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION #3236 It was moved by Jabbour, seconded by Kelley, to adopt Resolution #3236 for Dr. William & Rhonda 0ml ie, 1860 Shadywood Poad, approving a variance to allow excess hardcover within the 75-250’ zone, and denying a conditional use permit to allow the filling of approximately 300 cubic yards. Ayes 3, nays 0. Goetten abstained. (»#4) #1778/#1779 ANDREW GOETTEN. 1385 FOX STREET - SPECIAL LOT COMBINATION - APPROVAL OF LANGUAGE It was moved by Jabbour, seconded by Kelley, to approve the language of the Special Lot Combination Agreement for Andrew Goetten, 1385 Fox Street, which was required as a condition of preliminary plat approval per Resolution #3224. Ayes 3, nays 0. Goetten abstained. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 (#5) #1797 TROY ANDERSON, 1490 LONG LAKE BOULEVARD - VARIANCE ' RESOLUTION #3237 Mr. Anderson was present. Weckman explained this is a request to allow expansion of tne existing residence by adding a second story within a non-conforming side setback. The property is within the limits for lot coverage and hardcover. The Planning Commission voted to recommend the applicant provide screening al''ng the west property line. The apnl leant proposes planting along the lot line 8 to 10’ tall pyramidal arborvitae, which wiI I grow 6 to 8 per year. Anderson noted the addition is needed as the house only has one bedroom, and this will add two more. He said he has discussed the proposed screening with the neighbor to the west, who seems agreeable with the plan. Jabbour felt they should not place a required height on the trees to be planted. Hurr felt they should be at least 6’ tall. Kelley felt if the variance Is to be granted, it Is the least the applicant can do to screen It from the most affected property owner. Weckman reported at the last meeting with the appi leant and the adjacent property owner, It was understood that the appIicant would plant trees 8 to 10’ tall. It was moved by Hurr, seconded by Kelley, to adopt Resolution #3237 for Application #1797, Troy Anderson, 1490 Lortg Lake Boulevard, approving a side setback variance to allow the expansion of the existing residence by adding a second story. Ayes 4, nays 0. (»#6) #1798 FRED & BARBARA RYAN, 1345 NORTH ARM DRIVE - VACATION - RESOLUTION #3238 It was moved by Jabbour, seconded by Kelley, to adopt Resolution #3238 for Application #1798, Fred and Barbara Ryen, 1345 North Arm Drive, vacating an unused portion of Forest Boulevard within the plat of Saga HI I I Revised. Ayes 3, nays 0. Goetten abstained. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 (*#7) #1799 ALBERT & SALLY HANSER, 1685 FOX STREET - CONDITIONAL USE PERMIT - RESOLUTION #3239 It was moved by Jabbour, seconded by Kelley, to adopt Resolution #3239 for Application #1799 Albert and Sally Hanser, 1685 Fox Street, granting a conditional use permit to allow the excavation of a pond, and approval to perform certain land alterations within the drainage easement. Ayes 3, nays 0. Goetten abstained. (#8) #1801 E.W. BLANCH COMPANY, 2505 OLD BEACH ROAD - VARIANCE RESOLUTION #3240 Shawn O’Laughlin was present. Mabusth explained the applicant proposes a 2 1/2 story residence with a mansard roof that requires a height variance of 4’10". She reviewed the hardships as presented in the memo. She said if the roof were gabled, the structure would meet the height allowance of 30'. The property abuts the FWBI’s wetland area and will have no Impact on adjacent properties. This Is the first variance requested to the newly adopted height ordinance. It was moved by Jabbour, seconded by Keliay, adopting Resolution #3240 for Application #1801 for E.W. Blanch Company, 2505 Old Beach Road, approving a variance to permit the construction of a residence that will be 34'10" In height where only a 30’ height is allowed. Ayes 3, nays 0. Hurr abstained. LONG LAKE FIRE DEPARTMENT REPORT Rick Perry, Fire Chief, reported he has sent the City a general information report of fire calls in the month of January and will continue to do so on a monthly basis. MAYOR/COUNCIL REPORT A) Acting Mayor Goetten advised of the upcoming Highway 12 Corridor meetings: Technical Committee meeting, March 2nd, Delano City Hall at 2:00 p.m.; Citizens Committee meeting, March 2, Maple Plain City Hall at 4:00 p.m.; and Policy Committee meeting, March 3rd, Maple Plain City Hall at 5:30 p.m. She said the meetings are scheduled to review the decision process, and added MnDot has started the EIS process. B) Acting Mayor Goetten reported the Hennepin County Commissioners will hold a meeting at Orono City Hall on March 30th from 7:00 to 9:30 p.m. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 MAYOR/COUNCIL REPORT - CONT. C) Jabbour requested staff provide Council with a status report on pending issues or status of directives by Councii. ENGINEER’S REPORT (#9) REQUEST TO AUTHORIZE HORIZONS INC. TO PROCEED WITH TOPOGRAPHIC MAPPING WORK Moorse explained this request is to finish the topographic mapping of the City. It was initially estimated to cost approximately one- -third more. Acting Mayor Goetten felt Big Island should be included. Mabusth stated copies of the mapping are sold for $10.00 per acre. She said this is the first step In the surface water management plan. Jabbour asked that staff contact MnDot to let them know the I nformat I on will be avaiIabIe so it will not have to be repeated In the corridor study. It was moved by Hurr, seconded by Kelley, to authorize Horizons Inc. to proceed with topographic mapping work of the City, including Big Island, for an eimount not to exceed $34,640.00. Ayes 4, nays 0. CITY ADMINISTRATOR’S REPORT (#10) DECLARATION OF VOLUNTEER OF AMERICA WEEK - RESOLUTION #3241 It was moved by Hurr, seconded by Jabbour, to adopt Resolution #3241 declaring Volunteers of America Week to be March 7 through 14, 1993. Ayes 4, nays 0. (#11) REVIEW OF CURRENT CIGARETTE ORDINANCE REGARDING VENDING MACHINE SALES Moorse noted this review was initiated in response to a request from Mr. Holtz to reconsider allowing vending machines In liquor estabIishments. Kelley said he Is In favor of less regulations, and doesn’t see this as a problem as minors are prohibited from the establishment. Jabbour concurred. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 CIGARETTE ORDINANCE - CONT. Acting Mayor Goetten felt statement by rc,r,nVlH: and sHou.d cont.nue the effort. J.bbour agreed but added It ' "on o?the!r oilrat!or;nd*the City should not Impose an undue hardship. Holtz said his machine wiI I be placed 20' from the door and visible by the bartender. It was moved by Hurr seconded by KeHev to direct s^t^aj^f to modify the current cigarette i i shments where there is a allowing such \"J'\“°bject to the machine being in view |JeTursted°;t\"ff V;/o"l'er\""mr:;?f *nL"mbi7-of feet from the dSorway Ayes 3, nays 1. Goetten voted nay. (♦12) CIGARETTE SALES AT MUNICIPAL GOLF COURSES Moorse noted staff does not know how the prohibit of cigarette sales would affect the amount of play. 'r.:' .i:,r vr ;r.'.r.- 's.-;:,' r.;r * c !s stImuTate youth activities without temptations. It was moved by Hurr, seconded throg^^^^ “;i“^t?:^:dVoirc*y oTZ^nV: sZe^fr.e campus. Ayes 4. nays 0. -,r. -r r Hurr suggested they review the policy on smoking In City-owned vehI cles. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 (#13) CITY HALL & PUBLIC WORKS BUILDINGS APPLICATION & CERTIFICATE OF PAYMENT #12 Moorse clarified that the construction manager has authorise three subcontractors to be paid below the 10% retalnage. Kelley asked who Is responsible for the final inspection of the proj ect. Moorse explained Inspections are conducted by City staff, the construction manager, and the architect. The architect will do the final Inspection and develop a punch list of items to be redone or fixed, Gerhardson noted Department Heads also review this I 1st. Jabbour cautioned staff not to ovei ride or direct the architect in any way. Hurr suggested it would be easier to sign off on the entire project at one time. She asked the criteria for releasing retalnage. Moorse stated the criteria is stated In each contract, and many of these contraccs are smaller and have been done for months. It was moved by Kelley, seconded by Jabbour, to approve City Hall and Pubic Works Buildings Architect’s Application and Certificate for Payment #12 »n the amount of $146,311.05, as presented. Ayes 4, nays 0. (#14) PUBLIC WORKS VEHICLE SERVICE EQUIPMENT APPLICATION A CERTIFICATE #3/FINAL It was moved by Hurr, seconded by Acting Mayor Goetten, to approve Architect’s Application and Certificate for Payment #3/Final for vehicle service equipment, in the total amount of $8,344.83 to Zahl Equipment Company. Ayes 4, nays 0. Kelley Inquired about City staff doing maintenance on City-owned vehicles or police squad cars. Gerhardson stated staff would perform general maintenance and will be reviewing possible service to squad cars in the coming year. (#15) ESTABLISH PUBLIC HEARING DATE FOR YEAR XIX CDBG PROGRAM It was moved by Acting Mayor Goetten, seconded by Kelley, to estabiIsh a pubiic hearing date for Year XIX CDBG Program for March 22, 1993 at 7:30 p.m., and to authorize publication of a partial list of eligible projects. Ayes 4, nays 0. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 22, 1993 CITY ATTORNEY’S REPORT There was no report. (»#17) LICENSES It was moved by Jabbour, following Iicense: seconded by Kelley, to approve the Kennel License: Kenneth & Karen Rolland, 4119 Oak Street Ayes 3, nays 0. Goetten abstained (««18) BILLS It was moved by Jabbour, seconded by Kelley, to approve payment of the All Funds Account. Ayes 3, nays 0. Goetten abstained. ADJOURNMENT It was moved by Jabbour, seconded by Hurr, to adjourn the regular Orono City Council meeting at 8:50 p.m. Ayes 4, nays 0. J. DIann Goetten, Acting Mayor ATTEST: Dorothy M. Hal I In, City Clerk TO: FROM: DATE: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director March 4, 1993 % SUBJECT: Orono Baseball Association - Bederwood Park As everyone may be aware, the Orono Baseball Association (OBA) has been using the Bederwood Park ball diamond for scheduled use. The use of the ball diamond by OBA is contingent upon Council approval each year. The process has been that the Park Commission does the review and recommends to Council whether or not to allow the use of the ball diamond by OBA. At the December Park Commission meeting, the Park Commission approved the use of the ball diamond by the OBA for the 1993 session with the same criteria as in 1992 with the understanding that 1993 will be the last year. Attached are the December Park Commission Minutes related to the OBA approval. Mr. Gary Larson of the OBA will be in attendance to answer any questions MINUTES OF THE PARK COMMISSION MEETING OF DECEMBER 7, 1992 ATTENDANCE 7:06 P.M. The Park Commission met on the above date with the following members present: Acting Chairperson Aiex Vongries, Susan Wilson, Phil Bradley and Robert Howells. Lili McMillan arrived at 7:28 p.m. Dick Flint arrived at 8:10 p.m. Sherokae I Ise arrived at 8:35 p.m. The foiiowing represented the City staff: John Gerhardson, Pubiic Works Director; and Terl Naab, Recorder. (#1) APPROVAL OF MINUTES Vongries suggested changes to Page 3, Paragraph 5, and to Page 5, Paragraph 7. It was moved by WlIson, seconded by Howe I s, to approve the minutes of the November 2, 1992 Park Commission meeting as amended. Ayes 4, nays 0. (#2) ORONO BASEBALL ASSOCIATION Gary Larson, President of OBA, reported OBA has met with the Mapie Plain Counci i on November 25th to present their idea to use the basebai I f ieid adjacent to the ’"Town Team" field. He noted the presentation was received favorably. The next step will be to present it to the Maple Plain Park Commission. Bradley asked when the field could be expected to be completed for use. Larson stated, If approved, they would commence constructing the field in the spring and it would be ready for use In the 1994 season. He added, OBA would like to move from Bederwood to the new site the dugouts, the concession stand, and the fence if it is deemed cost effective. Wilson asked if Larson felt it feasible to accomplish the goals of the fund raiser and asked how much they needed for the project. Larson felt it was feasible and noted they would need approximately $20,000. Bradley asked if the one field in Maple Plain would handle the projected population needs. Larson explained one field can handle a 16 team league and currently they hav * 5 teams. Bradley asked if OBA is no longer pursuing the site across from the Orono High School. MINUTES OF THE PARK COMMISSION MEETING OF DECEMBER 7, 1992 OBA - CONT. Larson stated that is definitely the preferred long-term site, but financially at this time OBA is in no position to pursue that option on its own. He noted OBA has helped to improve the school fields which they currently are using. Vongries recommended OBA continue to think about the site near the school as an option, and asked him to continue to think of the Park Commission as a supporting group for that complex project. Larson stated if the Park Commission wished to help in any way, they might consider assisting in the moving of the buiIdings to the new site. He added, this would ' in that OBA would need to use Bederwood Park for the 1993 season, and noted he felt that was the intent of the City Council’s resolution. Wilson noted the Park Commission is Interested in OBA making progress toward a future plan. Vongries asked if OBA used Bederwood Park to the level it desired during the 1992 season. Larson stated they would have used it much more if permitted. McMillan arrived at this time, 7:28 p.m. It was moved by Brsdiey, seconded by Howells, to recommend the authorization of OBA to use the Bederwood Park for the 1993 season, to be considered the final year of use by OBA, conditioned upon the same terms and conditions as approved for the 1992 season. Ayes 5, nays 0. (#i) SUBCOMMITTEE RE^^ORT - CRYSTAL BAY SITE Wilson reported tne sub-committee (Wilson and Bradley) met with Gerhardson to discuss some possibilities for the site, which are presented in the memo. She noted the Post Office is to remain and wishes to install a turnaround for better access. There is a possibility that Prospect Avenue could be abandoned, combining Parcels A and B. The sub—committee felt Parcel C (CouncII chambers site) was not needed for park land. Gerhardson said alI ouiidings but the Counci I Chambefs are scheduled for removal. Vongries noted the Council expects money from the Park Dedication Fund for the Crystal Bay site, and money for razing of the buiIdIngs. TO: FROM: DATE: Mayor Callahan and Orono Councilmcmbers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator March 2, 1993 '■'jj % SUBJFCT: ^1457 Alan Carlson. 3140 Watertown Road - Request for Second Extension of Preliminary Subdivision Approval Pertinent Ordinance Section 11.10, Subd. 15 (refer to Exhibit C). Applicant has applied for a second extension of preliminary .subdivision approval as the Highway 12 matter has yet to be resolved. List of Exhibits A - Applicant’s Request Letter B - Resolution #3094 - Approval of One Year Extension of Preliminary Subdivision Approval (4/8/93) C - Section 11.10, Subd. 15 D - Resolution #2948 - Preliminary Subdivision Resolution for 12-lot Preliminary Plat, Crystal Crest E - Highway 12 Southern By-pass Routes that Impact the Subject Property F - Crystal Crest Plat Discussion The 12-lot plat of Crystal Crest received preliminary approval fiom the City of Orono on 4/8/91. In March of ’92 it became apparent to applicant that the southern Highway 12 by pass route would have major impact on the proposed subdivision and requested a year extension until final Uxation of expanded Highway 12 corridor was resolved. Refer to Exhibit A. applicant now seeks a second extension as final resolve of the location of the Highway 12 expanded corridor has been tentatively postponed now until the later part of 1994. Options of Action To approve developer’s request for a second extension of preliminary subdivision approval now extending preliminary subdivision to 4/8/94. Approval can be based on the findings set forth in the enclosed resolution; or Denial directing applicant to eitlier file a preliminary subdivision application upon final resolve of Highway 12 expansion or to file final plat and required documents prior to April 8th deadline. ch A RESOLUTION GRANTING EXTENSION OF THE EFFECTIVE PERIOD OF PRELIMINARY PLAT APPROVAL FOR THE PLAT, CRYSTAL CREEK, APPLICATION NO. 1457 WHEREAS, on March 23, 1992, the City Council of the City of Orono adopted Resolution No. 3094 granting an extension of preliminary approval of a plat proposed by applicant. Alan G. Carlson, involving the property located at 314C Watertown Road; and WHEREAS, the effective period of preliminary plat extension expires on April 8, 1993; and WHEREAS, the applicant has advised Council that he is unable to fulfill the conditions of preliminary plat approval until the issue of the option of a southern bypass for the Highway 12 improvemvnt is resolved; and WHEREAS, applicant has demonstrated a substantial financial commitment during the review of the preliminary subdivision application. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the effective period of preliminary p'at approval for Alan G. Carlson ’s proposed plat known as Crystal Creek involving the p: 'feir- located at 3140 Watertown Road and as originally approved per the conditions of ’• "^oktion 2948, adopted April 8, 1991, is hereby extended to April 8. 1994. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of March, 1993. Edward J. Callahan, Mayor ATIEST: Dorothy M. Hallin, City Clerk Page I of 2 MERCHANTS GOULD Mcrchint, Gould. Smith. Cdcll. Writer A Schmidt Proftfftionil .\siucutiun Pilrnl, Trademark & Copyright Lawyers Direct dial;336-4633 3100 Center South Seventh Street Minneapolis. Minnesota 55402 4i:U L*.S A. FAX 612/332 90SI Telex 2^*0503 MAG Mps 612'332 5300 John D. Gould Phillip H Smith R.d)ert T Kdell Paul .A. Welter Cecil C. Schmidt John S. Sumners Ahn G CarlsoM Michral L. Schwe^nian Karl I) Reiland Charles K. Golla I)ou»;las J. Williams Douf^las A. Strawbridtte Albert L. Underbill D. Fandall King .Mi;;uel B. Lasky Cur'.ia B. Himre Michael 1) Schumann Mkhael L. Mau J iLn A. Clifford Mark J. DiPietro Steven W Lundberjf Warren D. Woessrer Tnr.othy R. Conrad Alan W Kowilchyk Daniel W. McD')ru!d R.*ndall A. Hillson John P. Sumner Daniel J. Klulh Wendy M. McDonald Linda M Byrne Mark D. Schuman • •• Robert C. Freed Brian H. BaUli David K. Tellekson John J. Greftena Paul E. Lacy Michelle M Mu hel Philip P. Casper!‘ Grej^ory A Sebald Albin J. Ne!.'"n Robert C. Beck Kristine M. Strodthuff Grej^ory M. Taylor Slevt*n C. Prue>.< Joel A. Rothfu? Kevin W'. Raascb Karl (f Schwappach Matthew J. Go^r^in Antony C. Mundeliu# Andrew D. Sorensen Stephanie J Smith Kari H. BartinK’ale Katherine M. KowjiUHyl^ Cowwief Glenn M Sealer ' Ti Carl Moy peter J Gafner I Derek Vitidenburgh Alan G. Gorman Philip S. Vip Ann M Muetinir J'ueph M. Kastelic Theodore R. Plunkett John C Reich C.trolineG. Kadievitch Thomas E Bejin Patent Agenti Thomas F. Brennan Thomas A. Hassinjr February 25, 1993 Jeanne A. Mabusth Building & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 FE3 2 6 1993 RE: Indian Creek (Now Crystal Creek) Subdivision Dear Jeanne: I am writing to ask that you place an item on the agenda of the next Council meeting. Under Section 11.10, subd. 15, I will request an extension of the effective period of the preliminary plat approval for one year. You will recall that in April of 1991, Council granted a preliminary approval of my plat, file number 1457. On November •, 1991, I wrote to you explaining that the Highway 12 corridor issue has totally frozen the project. The southern corridor goes through the heart of the property. We discussed what action I could take to keep the approvals active and current. We agreed that I should file a request for a one-year extension. I did thrt and appeared before the Council on March 23, 1992. The Council appreciated that the Highway 12 corridor study had effectively frozen my property for development purposes. We discussed that more than i one-year extension might be necessary. My request for the one-year extension was granted. J Jeanne A. Mabusth February 25, 1993 Page 2 Unfortunately, the one-year extension has proven to not be adequate. Even another one-year extension will likely prove inadequate. I have read that MnDot's project manager expects that no decisions will be made until 1994. That is very harmful to me and the other Orono residents with property along the proposed corridors. Please let me know what date this matter will go before the Council. Thank you. Very truly yours, Alan G. Carlson AGC:Imb CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. •^094^ ______ A RBSOLOTION GRANTING EXTENSION OP THE EFFECTIVE PERIOD OP PRELIMINARY PLAT APPROVAL FOR THE PLAT, CRYSTAL CREEK, APPLICATION NO. 1457 WHEREAS, on April 8, 1991, the City Council of the City of Orono adopted Resolution No. 2948 nranting preliminary approval of a plat proposed by applicant, Alan G. Carlson, involving the property located at 3140 Watertown Road; and WHEREAS, the effective period of preliminary plat approval expires one year after the adoption of Resolution No. 2948, such expiration date being April 8, 1992; and WHEREAS, the applicant has advised Council that he is unable to fulfill the conditions of preliminary plat approval until the issue of the option of a southern bypass for the Highway 12 improvement is resolved; and WHEREAS, applicant has demonstrated a substantial financial commitment during the review of the preliminary subdivision application. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the effective period of preliminary plat approval for Alan G. Carlson’s proposed plat known as Crystal Creek involving the property located at 3140 Watertown Road as approved per the conditions of Resolution No. 2948 originally adopted April 8, 1991, is hereby extended to April 8, 1993. Adopted by the City Council of the City of Orono, regular meeting held this 23rd day of March, 199^ Minnesota at a Barbara A. Peterson, Mayor otothy M^alliif; City Cleric Page 1 of 2 i L (S S U.IO Subd. 14. Special Requirements For Plats. A. Zoning Regulations. Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of Final Plat approval. Variances shall not be approved to increase the overall subdivision density above the minimum lot area requirements of the applicable zoning district and this Chanter. B. Public Improvements, The Planning Commission may recommend that all public improvements bo installed and dedicated prior to the signing of the Final Plat by the City. If the Planning Commission does not recommend that all public improvements be installed and dedicated prior to signing of the Final Plat by the City, the amount of the bond shall be established by the Zoning Administrator based upon the recommendation of t.he City Engineer, which bond shall be submitted by the subdivider at the time of application for Final Plat approval. The ?lanning Commission shall require the subdivider to indicate on the plat all private and public improvements, which shall be required to be established or extended and any other special requirements deemed necessary by the Planning Commission in order co conform the plat to the Comprehensive Municipal Plan and this Chapter. C. Grading of Site Prior to Final Approval. Subsequent to Preliminary Plat approval' by the Council, the subdivider may apply for a land alteration permit from the City and upon receipt of such permit may commence construction to the grades and elevations requirea by plans approved by the City. D. Referral to Other Government Agencies or Jurisdictions. Following action by the Council on the Preliminary Plat, the Zoning Administrator will refer the Preliminary Plat and the Council's action to other government agencies or jurisdictions for their review and action as may be appropriate prior to Council action on the Final Plat. ^ Subd. 15. Effective Period of Preliminary Subdivision Review. Planning Commission reco mmendations concerning^ any Class I i Subdivision and the Council resolution concerning any Class II and I Class III Preliminary Plat shall remain effective for one year, j Failure to file a complete Final Subdivision application within/ this time period shall be construed as formal withdrawal of the' proposed subdivisior. For one year following preliminary approval, , unless the subdivider and the City agree otherwise, r.o amendment to \ comprehensive plar or official control shall apply to or affect the use, develooment density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the City may extend the period by agreement with the subdivider and subject to aLi applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical / O.RONO CC 436 (4-1-64) r ■ ^ ••V § 11.10 application. Subd. 16. Final Subdivisions. A Purpose. Final Subdivision review is the third approval. B. Requirements. The /^^locu^ents subdivision approval. All and Council completed by the subdivider, ® ti^e^ Ma- jr‘^ and City Clerk'sand approved by the Council prior to t^'e .^a. jr s ana y certifying approval of the Final Subdl^; 3ion. C. prerequisite. A preliminary subdivision of substantially the same oT^an^v^Vinal ^Subdivision Subdivision application to insure subdivision, requirements and representations on the preliminary s D. Substantial Change From Preliminary Subdwislo^^^ The zoning Administrator may division Lplication Council may refuse to review any ^^^^^^^ed preliminary which is substantially aifferent from P* gg^j^tations on the subdivision, or which discloses possi a^refusal, the Zoning preliminary subdivision. In rhe ca^e o resubmit the Administrator or Council may require require proposal for Planning Commission ^ 2,j_ documents or ?he subdivider to submit °c r esubm 11 any and Planning information required for Preliminary subd t>lic hearing if so Commission reconsideration may include ^ ^administrator. The required by the Planning Commission or Zon^^g applicable subdivider shall pay a fee equa reauired reconsideration of preliminary subdivision review fee fo nriainal preliminary Ly proposal occurring within one year of the origmax p subdivision approval data. Subd. 17. Final Subdivision Application. A. All Subaxvisions. '^2 apolications shall include one or all of determined by the Zoning Administrator: OROrJO CC 437 (4-1-84) 4,o^'// If/O V., X'O'^ ” 1 ^ Wi ^ '' CITY of ORONO s\msm ^7 <> RESOLUTION OF THE CITY COUNCIL NO. 2948 _________ A RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE PROPOSED CRYSTAL CREEK PLAT FILE NO. 1457 WHEREAS, Alan G. Carlson (hereinafter "the subdiv’ider") on March 22, 1991 filed a revised formal subdivision application with the City for approval of a 12-lot residential plat of property legally described as follows: Exhibit A, attached, (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on March 18, 1991 and March 20, 1991 and the Council on April 8, 1991 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on April 8, 1991, the Orono City Council considered the amended subdivision application of 12 lots, noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The subdivision as amended from the original 16-lot proposal finds that each lot meets or exceeds the 2-acre minimum dry contiguous lot area standards. 3. Each of the 12 lots meets the required lot width to the rear of the 50' front street setback line. Page 1 of 8 o o V\ A n\ \\ CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948_________ 4. All of the 1' lots shall achieve access via an interior private roadway. No direct access onto Watertown Roc»d will be allowed for an individual lot owner. 5. The applicant has filed the revised preliminary plan with the Minnehaha Creek Watershed District. All conditions of MCWD permit must be met by applicant and included with final drainage, grading and erosion control plans. 6. In a memo dated March 13, 1991, Michael P. Gaffron, Assistant Planning and Zoning Administrator, confirmed that all 12 lots have been tested and found to have suitable areas for on-site septic development. Since that memo, Mr. Gaffron has received verbal confirmation from the on-site evaluator that drainfields can be shifted or relocated on Lot 2, Block 2 and Lot 5, Block 3 to meet the on-site septic standards of the City. 7. The proposed configuration and overall design of the lots within the plat finds that each lot satisfies the lot standards of the RR-IB Zoning District requiring no variances with the granting of the approval of this subdivision. Each lot can be developed as a residential unit without the need for future variances. 8. The subdivider has provided a future access corridor to the east and shall be responsible for developing the roadway to the eastern boundary providing a temporary cul-de-sac. 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 revised preliminary plat of Crystal Creek per plat survey dated February 26, 1991, revised March 18, 1991 by Edward H. Sunde, a registered land surveyor under the laws of the State of Minnesota of Sunde Land Surveying, Inc., subject to the following conditions; Page 2 of 8 /o *0'' % N-CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 __ 1. Ali'access to the 12-lot plat must be via the interior plat road. Lot 2, Block 2 shall be served from the temporary cul-de-sac via a 15' driveway easement through Lot 1, Block 2. Owner of Lot If Block 2 shall grant temporary driveway easement in favor of Lot 2, Block 2 until the adjacent private road is extended along the southern boundaries of Lot 2, Block 2. 2. Prior to any land alterations for drainage or road purposes, the following septic sites must be staked with fencing, such fencing to be installed 20' from the boundaries '^f each drainfield test site as follows: Lot 1, Block 1 Lot 2, Block 1 Lot 1, Block 2 Lot 2, Block 2 Lot 1, Block 3 (southwest corner drainfield site only) Lot 3, Block 3 Lot 5, Block 3 3. Subdivider to grant underlying road and utility easements over private road outlets (Outlets A and D). 4. Outlet A shall be installed as a 28' roadway with curb (urban section). Temporary cul-de-sac shall be designated at a 100' diameter with actual traveled turnaround at an 80' diameter. 5. Subdivider to grant conservation and flowage easements over all wetland/flood plain areas defined at or below the 970 elevation. The subdivider should also grant drainage easements over drainageways and storm sewers not located within right—of-vray of road outlets. Page 3 of 8 o o Vv ^ - •• \\i^ \\'^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948_________ 6. Subdivider to execute private covenants for the shared cost in maintenance and upkeep of private road. The subdivider may wish to use the standard form used by the City for inclusion in the private covenants. In addition, the City will expect private covenants to address maintenance and protection of drainageways and retention areas by private property owners. Upon preliminary approval of the plat, the subdivider is to draft appropriate private covenants to be submitted to the City prior to the City granting approval of the final plat. 7. Applicant shall create a Homeowners’ Association to ensure upkeep and maintenance of private road. This document must provide for an undivided share of the ownership of said road and future deed transfering ownership of residential lots must include the undivided or equal share in private road. 8. Subdivider to execute a drainfield covenant to be filed against the Chain of Title of each of the 12 lots within the plat in order to ensure future owners knowledge and awareness of the special limitations on the septic capabilities of the rural lots and the need to protect existing septic test sites. The City requests that the following addition be made to the original septic covenant proposed by applicant for original 16-lot plat. The following sentence is to be added between sentences 1 and 2: "In most case^ these are only feasible sites on ea^ lot, and must not ^ disturbed.^ The exis^^na natural topsoi^ must remain in place and must not ^ subject ^ any traff3^ ■ will cause even the slicrhtest coinpaction>_ 9. The subdivider shall m.aintain adequate erosiou control per final approved plans by Gerald M. Sunde throughout the construction the road, drainage improvements and until all ground cover disturbed on the property is restored. Page 4 of 8 o \o i > •.L I /ii 5^ • iS''.'i.v ^v w W \'CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 10. The developer to create easements in favor of the Homeowners Association over Lots 1, Block 1 and Lot 1, Block 3 for the purpose of maintenance and upkeep of the entrance monuments. The City approves the monuments proposed on plans dated December 19, 1989, revised March 18, 1991 by Gerald M. Sunde entitled "Typical Monument Detail" that defines 5 1/2' high, 10 lineal feet in length, 3' wide monuments to be installed on each side of the entrance of the private road. The final installed neight of these monuments can.iot exceed a height of 6' measured from elevation of private road. 11. All final grading, drainage and road plans shall be done in accordance with the directives of the Minnehaha Creek Watershed District permit and the final report of the City Engineer before any land alterations or construction can begin. The subdivider shall execute a developer's agreement that shall include ail required improvements. The subdivider shall also provide a Letter of Credit to be written to the amount of 150% of the cost of all improvements. The Letter of Credit must also be submitted prior to final plat approval by the City. The subdivider is hereby advised that building permits shall not be issued upon final plat approval until gravel road base has been approved by the City Engineer and required drainage ponds and controls have been installed and approved by the City Engineer. 12. On-site evaluator to provide written confirmation that the shifting of drainfields within Lot 2, Block 2 and Lot 5, Block 3 will satisfy on-site septic standards of City Code. FINAL PLAT SUBMITTALS The following list of final 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; Page 5 of 8 f/Q> O I’ \\ W \\W 4 :Sa £ CITY of OKONO RESOLUTION OF THE CITY COUNCIL NO. 2948 ________ A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1” = 200’. Drawing to include; a) Lot lines platted per preliminary survey by Edward R. Sunde of Sunde Land Surveying, Inc. dated February 26, 1991, revi=;ed March 18, 1991, b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines - omit along the sides of the designated wetlands defined as drainage easements. c) Designate all wetland areas (areas at or below 970 elevation, as drainage easements). d) Designate all drainageways and storm sewers as drainage easements on the plat. e) Dedication of right-of-way for Watertown Road. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Executed Drainage Easements over all drainageways and storm sewer lines if applicable (refer to sample easements provided to you with original plat application), to include all drainageways not included within flood plain/wetlands area below 970 elevation.) Page 6 of 8 /» I r. in, CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2948 d Flowage and Conservation Easement over all designated wetland areas at or below 970 elevation (refer to original easement enclosed with former preliminary plat resolution). e) Signed and executed Developer's Agreement and Letter of Credit to cover all required improvements. f) Signed and executed Road and Utilities Easement over the private road out 1ot s (Outlots A and D — refer to previous ramples). g) Signed and executed temporary Road and Utility Easement over portions of cul-de-sac not located within private road outlot. h) Private covenants/creation of Homeowners' Association in a form for filing to include divirion of ownership and responsibility for maintenance of the private road and drainage facilities (refer to original documents). i) Executed drainfield covenant prepared for filing against each lot to be amended per Item 8 in conditions of approval as noted above. j) Completed "Application for Private Road Name". Subdivider shall have the choice of naming the road within Out lot A and C (refer to original documents). C. FEES TO BE PAID: Total Due $300.00 a) Final plat fee = $150.00 b) Lega.' review and filing fees of $150.00 c) ParJc dedication fee ® $3,200 already paid by subdivider Page 7 of 8 -It" ^ r , i'- • ,i-“^ If 1I' -^ti ,/ IV?: "Sf" K''''-];:£1 r.’^'-^'^.T, '^<1. ''2f ' > Sc ^i•" ‘ \ 31 Hwiiilf rm \ /•' • 'Ti. ■' • .'.W-. -Y»:> ^ ■y^.yi-'.'^ M . n \ fJS^: 1 •. • i ;/ • / " ^ •*I-- -V ; V. f.;‘ ,ii^‘ I \m r* • : ’ .r> Ift.• i I s fej .r7^ JI'/‘ Z‘ , » 4* • • • ► • * Mi 1 4 4 Iv.-! i ft'^l K11^ \ / ./• if'iV.. \i^»Tv ck ■. . ■<**•'>•' •; .•■'•* '■ t . Pi \ vvm '^fei- \ » • o.% • .i • r>‘ ■'^.*•^(('1 V|, % -r'' *. 4'1 ■fft"'/#•■ (-f • / . \ V n«» » , • * ■ *'^1m * • . ''♦ ■' ' f ' fai ■^ * ■* •■. fc- »* i? ••' /• •' I ‘1^Jl ^:'*A ^ <:■• \ k-’: * ,‘-1 Y -V 'L \ . .♦ • ^r ■ • .1/-A •<L •.( »4H \ r^'i \ \ • ./' » • \ . 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I. - M AiAM fX« TO: FROM: DATE: Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabusth, Building & Zoning Administrator March 3, 1993 SUBJECT: #1792 Donald R. Gronberg, 110 Leaf Street - Variances V Status of Application At the Febri»''.ry 8th meeting of the Council, Mr. Gronberg’s application was tabled providing applicant additional time to cen ider an amended proposal that would negate the need for variances to the protected tributary. Applicant has submitted two plans for Council’s consideration. The peninent facts are reviewed as follows: List oi Exhibits A - Plan A B - Plan B C - Hardcover Fact Sheets for Plan A D - Hardcover Fact Sheets for Plan B E - Drainage Plan Plan A. (Review Exhibit A) Section 10.28, Subd. 5(A). A. Front/street setback. Required = 50 ’ Proposed = 36’ Variance = 14” or 28% B.Side setback. Reouired Proposed Variance 30’ 20 ’ 10’ or 33.3% Section 10.56, Subd. 16(L-2) Hardcover within 75-250’ Setback area = 14,190 s.f. Allowed = 3,548 s.f. or 25% Proposed = 4,455 s.f. or 31.39% V'ariance = 907 s.f. or 6.3% Tlie residential structure has been moved out of the 75’ setback area and moved closer to the road at a 36’ setback. The side setback has been maintained at 20 . Ma/k Gronberg has advi.sed that he will place stakes at the front street setback line for the house proposed on Plan A so that Council members can best judge the impact of the structure upon the traveled road. N • > Plan B {I^eview Hxhibit B) Section 10.28. Subd. 5(B). A. Front/Slreet Setback Required = 50’ Proposed = 46 ’ Variance = 4’ or 4% V ' U.Side setback. Required Proposed Variance 30’ 20’ 10’ or 33.3% Section 10.56, Subd. 16(L-1) Hardcover within 0-75’ C. Setback area = 16,200 s.f. Allowed = 0 Proposed = 275 s.f. or 1.7% D.Setback from I rioutarv' Required = 75’ Proposed = 67 ’ Variance = 8’ or 10.6% Section 10.56, Subd. 16(L-2) E. Hardcover within 75-250’ setback area Total area = 16,200 s.f. Allowed = 0 Proposed = 4,310 s.f. or 30.37% In Plan B, structure still encroaches the 75’ setback, at the closest projection 67 . 1.7% of hardcover improvements are located within the 0-75’. House still is shown at the 20’ side setback but is now 10’ further away from roadway consistent with the street alignment of the house to the immediate south at 46 ’. Applicant claims drainage pattern is environmentally sounder as greater runoff .fom hardcover improvements are directed towards 250-500 setback area to the northwest. Refer to E.\hibit E. Council Action To provide staff with conceptual direction so that an appropriate resolution can be presented for Council’s formal action at their March 22nd meeting. ch s ^ //cast a 2.1 r-tx/ » ’I !f y/^./o k‘ ,/r^.^oWuut4// / • " 7-1; •"■ -.V <7.*0 I zv.o M. V /•o !? U fAo^oMt, 4>Jtl^€ 1 0 ^ V 1/ V Vb / (/Oi.0 fmo ^^www9 /ta >%0 ^ ‘ I /) / ' I t •,■(% / / ' 1 ■< rXv ' / ■"■/ '/ / ' /'' / ■ /......../■■'////,’/ \A A J / 5 1 /, / / // / / / ( I i \r . t / ¥1/ ■/ % . M // / 'j/Mr / / \ f • / / / : /./ / 0 92.•tf / % 2oe,00 m . /•- £i. r/iti/s /) ffAAJff - /*4.9 i) 7^ 4^ B /t*. 7 3) Sa£tJ€ST * 74.7 Kxi5»t.inci Legal Dopct i ption Tract ■, Ragjstered Lnnd Purvey No. 744, files of Hegistrar of Titles, County of Hennepin, : Iron tnArker : Exist inn contour : Proposed contour n V *. • ?. Exist Tract files llennei • « • » ^ 9 m HARDCOVER CALCUUTIO N WORKS HEET ^' SETBACK zone: (CIRCLE one) 75-250^ 250-500* 500-1000* Existing Hardcover in Zone A 3- /- )j 1 <* •■■ H ouse X • a • S.P. LENGTH••• width • •1X%•. a • • • • • S.P. • ^ •. ^ X .. • • S.P. •••••X1a • S.P. •• •X 0. • 1• • • •• • S.P. B. • • • Garage •#•X1 1a • • S.P- C. • • • #1* • • • D riveway .•••X1 1a • S.P. • • X a a • S.P. • D.. t • \ % m • Sidewalk * • X •• •• S.P. • ! • • X • a • • S.F. •• • • • • • • _ X a • • • S.P.UJ?ATI0/ . ........... D eck • •• • • _ X • • •#> S ■ P A • ^ F.Landscape .X1 1• •a S.F. AREAS .UNDERUIN BY ■ .•X1 1a •• . S.Pi PLASTIC------------- • SHEETING ••X1 • 1• m • • • S.F. • • •• • X m • S.F. '• m G. Other X a - S.F. V Total H ardcover \ IN Zone . S.F. 1 A T otal Property Area ik Zone /<c 2^0 S.P.9-7S*4Kf iijfjr —» S/fif jr ^/C2 00 _ X 100 -cy •• • •• • 0^ .• • • • • • • HARDCOVER CALCULATION WORKSHEET SETBACK zone : (CIRCLE'ONE) 0-75* d75-250Q 250-5U0 Existing Hardcover in Zone A3-F-9} 500-1000' • • A. r • -• ■ H ouse .. .32.0 X 3o. 0 •Jeo •• LENGTH WIDTH • /r.o X /(T- o o *285 . % 20. o •X /¥. 0 230• •<01 •' Zl* ^X ZZ. 0 •• 5, o X 2. O • m m VO B. # •• Garage _ • X % • 2/2 C. • • • » D r Iveway • • • • •X ••a • n 25 • .* X • D..: % • Sidewalk *X • • • •/oo • • X r • m • cH •* V<•oX* X it, o m /is .. E.’atiq /D eck • •• • /y • X • C • 2 ‘f • F.Landscape /S’ • •X i • •a /yy AREAS .UNDERLAIN BY ■ 1 X ,• #•• PLASTIC------ SHEETING • • • • m '*• •• • X • • •• 1 • • • X •• % • • G. Other • X • V . •/. • • Total H ardcover IN Zone vy55 > 2^>i.2 s.fJ S.F, S.Ft S.F S.F. S.F. S.F. S.F. S.F, S.F. Total Property A rea ik Zone /9c S.F B */ySS ' 'r\T\ - X 300 - • . ».• *<»• • • * 3t. _% «• • •• • p«V* »• • . • • • 0 HARDCOVER CALCUUTIOK WORKSHEET SETBACK ZONE: (CIRCLE' ONE) (0"75^ 75-250' 250 Existing Hardcover in Zone y D • 0 r • -• A. ■ House 2±S.F. LENGTH WIDTH • • • • i '»• • •• » B. Garage • • • • •• • I • tr* • • c. Driveway X • D.. Sidewalk ‘ . \ E. Patio/ Deck - X F.Landscape AREAS.underlain BY , . PLASTIC- - - - • SHEETING . . . G. Other X X 7T //y . S.F, .S.F, . S.F. . S.F. m . S.F. . S.F, m S.F. S.F.* S.F. S.F. S.F. S.F. S.F. • • S.F, S.F. ■ S.F. 3 is Total Hardcover in Zone 2 7 S s.F, Total Propt *ty Area m Zone Z oO s,p B m .275* ’ -in X 100 - 0-7 J aA^ ujfsr « >• « ». . mm mm m0» f • w ►• • • • • OOtJ 6 ^ t HARDCOVER CALCULATION WORKSHEET • * SETBACK, zone: (CIRCLE ONE) 0-7S’ (?S-2S0^ ZSO-oOO' 500-1000' Existing Hardcover in Zone r • -• • Ai H ouse ‘ . _X • m S:P. LENGTH •• WIDTH • • • X - 9 ^ • a /is a S.F. • . • . -X • • S • f* •• ^ •• • • X • ci • S.Fi •• •X •• » • S.F# B. • • Garage • • X a g/Z • S.F. C. 1 » * • » tr* • • • D riveway X • •• 9 /2 s 5 S.F. •• X a m • S.F. # D..! . • • Sidewalk 'X •• •a /oo , S • F • • §■ • • X • a • • , S.F. /V>A CH ^ - 7 7 a ?/S.F. E.?ATIO/ . ........... D eck • • * X Uf-//V ••• • //y . S.F.• • •• p.Landscape X • • a • S.F. AREAS .UNDERUIN BY ■ .X • • •• • S.F. RUSTIC-------------- • • SHEETING - - • X • • • ■ t • • • S.F. 1 • • 1 X •• m• • S.F. ' G. ( • ^m 3ther X a S.F. Total HARocovEft A IN Zone ^3/0 S.F. T otal Property Area m Zone t.p. ysjo ■i.ril /f, ffo X 100 - 3 % • • >• • •• •»• • • • • • • I i 1 COFFIN St GRONBERG. INC. SUHVeVINO. eNOINClRINa AND LAND PLANNING «aa A TAMARACK AVENUE LONG LAKE. MINN. SSJSS 473-4141 March 4, 1093 Orono Council Members City of Orono 2750 Kelley Parkway Orono, MN 55356 Dear Council Members; Based on your comments from the February 8th meeting, we have revised the site plan for the Donald Gronberg application. We are submitting two plans, A & B. While Plan A meets the 75 foot setback from the current water level, the proposed structure is 10 feet closer to the road than the closest part of the existing house to the si'-ih. We have staked the front two comers of the proposed garage for you to look at. Tliese corners are 36 feet east of the right of way line. We would like to go with Plan B \Miich moves the house east 10 feet to line up with the most westerly corner of the existing house to the south. As you can see, the house to the south appears close to the road and it would be a shame to build even closer than that house. Moving 10 feet east would help a lot and only cause the nearest point of the house to be 8 feet closer to the pond. Also, there are times when the water level is lower than at present which would help the setback distances. You can still see stumps out in the water. In addition, as shown on EXHIBIT 1. by moving the proposed house east 10 feet, more runoff water is actuals/ running west to Leaf Street and then to the north so that more runoff would be directed to the 250-500 feet distance froi t the point it enters the creek. Both adjoining houses are already constructed closer than 76 feet to the creek. The northerly house has ample room to expand v^hile meeting the 75 foot setback. The souther.y house is the only other house with the same problem as the Gronberg lot i;i that the creek meanders close to the road making things tight in an east and west direction. But *Mth a proper drainage plan, some expansion could take place and the runoff situation could be improved. A reduction from 75 feet to 67 feet on this lot shouldn't affect the adjoining houses since they are already closer than 67 feet anyway. COFRhl^& GRONBERG, INC Mark S. Gronberg i \ f); 1^. 4* / SI.»9 / /,UtQC> i\ / / / • ( / / .0 \ \ A/ Bf / ,' SeuA^fiAiiyV ' /I I ■J wy i 7f 1 // - )(JW-T f 4 0 '■■ /uJux / ^ i .iX. / / / / / / ^ PLAUfj^ / /'^ / . y /' / / / / / / / / /.-;' / / / / ^ ' • / / / , / / / / X / /.Vi // / / / V.V VM ,c •. •' • ,.hii)--- i \, * » // V** M /I / / ;^/ \ // Q / / / « I Jt^ f ^lAA/ A /^ZJJU s } Jj ^ ^ ^ ^ ^ ^ ^xi^itina Loq^i Po^pri p. ; J«9i»tored Land S-irvey No 74 4 'oT.r.y^ot' r. fy4 r^it/j /J z /•.'J.S £) * 40 »; ^ yj 4J4U€jr A<10*A * ft Z ^4 • mmmm I hett^by certify ihjt this turvt»v w^ic trc;n narker FvisLinq ?ontour J*’'oposo(1 contour «levntjon I P^'opcsofl elevation ili..^’^’^? ^auna< i . h To:Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator \ % From: Date: Jeamie A. Mabusth, Building and Zoning Administrator March 4, 1993 S. '*%V Subject:#1796 Peter VV.T. L’Allier, 2684 Lydiard Avenue Conditional Use Permit - Resolution Brief Review of Application and Planning Commission Recommendation A building pennit has been issued for the major renovation of the principal structure and the second floor addition of living quarters over the garage area connected by a 5’ wide skyway, review Exhibit J. The current building permit was issued for living quarters without a kitchen area. A conditional use permit is required as applicants wish to install a kitchen/eaiing area within the second floor living quarters providing an independent residential unit for applicant’s parents. As in the recent Waade application, internal access to the apartment area as proposed does not appear to meet the true intent of the conditional use permit for guest apartment. Access to the apartment area could be via a second floor open exercise area in principal structure, internal stair within garage or exterior stair at rear deck/three-season porch (review Exhibits G, I and K). The Planning Commission recommended approval of the conditional use permit subject to the permit being issued to the current owner and that future owners would be required to either apply for a conditional use permit for continued non-rental guest apartment use or building permit for removal of kitchen area. The Planning Commission further conditioned approval on the tear access stair from three season porch being removed. It is staff s recommendation that the rear access stair be allowed to remain for safety purposes as the only access from the second story *.iving quarters would be either through the limited 5* skyway link or through the internal stair within the garage. If a fire is to occur, it is more than likely to occur in the garage area limiting access via the skyway. If the appropriate controls are developed for the use of the apartment area, it would appear not necessary' to require the removal of the secondary safety access. The enclo.sed approval resolution has been drafted per the Planning Commission iCCominendaMon but can be altered it Council agrees to allow the exterior stair at rear of garage. Isv A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAI. ZONING CODE SECTION 10.24, SUBDIVISION 3 FILE NO. 1796 WHEREAS, Peter W. T. and Jennifer M. L’Allier (hereinafter the "applicants") are the owners of the property located at 2684 Lydiard Avenue within the City of Orono (hereinafter "City") and legally described as: Lot 6 and Lot 7, Vem-Mar Manor, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicants have applied to the City for a conditional use permit to permit the installation of a non-rental guest apartment within the existing principal strucmre currently under major construction per Municipal Zoning Code Section 10.24, Subdivision 3. Minnesota: 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1796. The property is located in the LR-IB Lakeshore Residential Zoning District requiring one acre in area. The property consists of 28,452.52 s.f. or .65 acres. On Februar>' 16. 1993, the Orono Planning Commission reviewed the application as amended and recommended approval based on the following tindings. a. Primaiy access to the second story apartment over the garage is achieved via the second floor of the principal structure. b. There is adequate area either within garage or within the exterior parking area to provide parking to ser\'e apartment users. Page 1 of 4 c.Sewer, water and all other utilities will be metered under the meter for the principal residence. d. There will be no separate address provided for the apartment use. The Council finds that granting a conditional use permit to allow the non-rental guest apartment will not be detrimental to the health, safety or general welfare of ihe 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 propeny 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 finding! and recommendations of the Planning Commission, reports b> City staff, comir.ents by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.24, Subdivision 3 to the current owners and applicants, Peter W. T. and Jennifer M. L’Allie.', to permit a non-rental apartment within tlicir residence located at 2684 Lydiard Avenue, subject to the following conditions: 1.This conditional use pennii is granted to the current owners and applicants aral shall expire upon sale or transfer of fee title to another agent or person. It shall be the responsibility of the future owner to apply for a conditional use permit if the non-rental apartment use is to continue. If not, new owner will be responsible for obtaining a building permit to make the necessary alterations to structure so that the kitchen area within apartment unit is removed. 2.Applicants shall not install exterior second floor access stair at rear of attached earace structure. Page 2 of 4 3. 4. 5. 6. ATTEST: The apartment installed above the attached garage shall never be used for rental purposes but must remain for the exclusive u*;e of family members, guests or domestic help. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (March 8, 1994). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this bth day of March, 1993 Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor rropert)' Owner(s) Patie 3 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 8th day of Mary, 1993, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ’ Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this day of ,199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) On this dav of ,199 , before me a Notary I^iblic 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) tree act and deed. Notarv' Public I>agc 4 of 4 TO:Planning Commission Members Ron Moorse, City Administrator FROM:Jeanne A. Mabusth, Building and Zoning Administrator DAIE Febmary 10, 19S>3 SUBJECT: ft\196 Peter W. T. L’Allier, 2684 Lydiard Avenue - Conditional Use Permit I^iblic Hearing Zoning District, LR-IB Required area = 1 acre or 43,560 s.f. Existing = 28,452.52 s.f. Pertinent Ordinances Section 10.24, Subd. 3(a). Conditional use permit required for non-rental/guest apartment within residence currently under construction. .Section 10,22, Subd. 2. Hardcover review. 500-1,000’ setback area = 28,452.52 s.f. Allowed = 9,958 s.f. or 35% Proposed = 6,754.5 s.f. or 23% No hardcover variance required. Section 10.03, Subd. 14(c). Lot coverage review. Total area = 28,452.52 s.f. Allowed = 4,267.8 s.f. or 15% Proposed = 3,278.5 s.f. or 11,5% No lot coverage variance required. List of Exhibits A - Application B - Property Owners List C - Plat Map D - Hardcover Fact Sheet E - Survey F - Elevation G - Second Floor Plan H - Front of Principal Structure i - First Floor Garage J - Second Floor Plan of Garage Approved w ith the Building Perriit K - Second Floor Plan w ith Request for Kitchen;Elating Area L - Skyway Elevation Zoning File ^1796 February 10, 1993 Pace 2 Description of Request A building permit was issued to the applicant on 11/30/92 to construct a second story' addition with decks to the existing residence. The former garage was taken down and replaced witli a new garage with pennanent masonry foundation allowing for a second story audition for living quarters for applicant’s pareiits. The principal structure and garage/living quarters are to be connected by a 5’xl5 ’ skyway. Review Exhibit E. F, J and L, note the second floor plan approved with the building permit does not include a kitchen nor eating area. Review Exhibit G, II and K, the principal access to the apartment is via an open floo* area on the second floor leading eventually to skyway entrance. Review Exhibit I, a secondary access is via the main floor of garage. The new apartment will contain one bedroom. The total area of the apartment unit is 896 s.f. Note the code does not limit the area of the apartment unit. The principal struemre is approximately 3,300+ s.f. Issues for Consideration Does the access through primary structure meet the intent of the code? 2. Does the skyway access to the apartment present any unusual concern? Options of Access To approve as proposed or as amended. Note any condition of approval must be conditioned on apartment never being used for rental purposes but must remain for the exclusive use of family members, guests or domestic help. All other required standards set forth in Section 10.24, Subd. 3(a) will also be applicable. uv-'l I'jMi. CITY OP ORONO - VARIANCE APPLICATIOW‘'^*» •* 4 M s ia .A' i )»• »»r '1 Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) Variance for non conforming use $200.00 After-the-Fact Fees (Double application fee) PROPERTY INFORMATION Site Address iHV\\iW ._ _ _ _ _ _ _ Property Identif. Number (P. I.D.) :3/-//7^ Attach legal description to application if not included on required survey. Date Property Acquired 1 j _ _ _ _ _ _ _(month/year) I (do)^d^ no]^) also own the adjacent parcels of land. Present^Tl^eof property; >c ‘residential _ _ _other (specify) Zoning District; LR-l R_ _ _ _ _ _ _ _ _ _ I*. $ r TTV nr nrriin LfX I I SJt rr;M;;rr nrnrc I iiirtitcw. C'f f .AI.L. f V‘C’A '“vV“ Oi GEH 175.0 CHECK TL 175.0. UECEIPT-THT^HK YOU {^262900 cool ROl TIC 01/11. APPLICANT Name Phone (home) \ V { 1 A A 1^1) _____ Phone (wor)c ) *7 7 Address; *7i-^ t' Vvi ^(t( 1____ City; OolC Zip; 5553; OHMBR (if different than .applicant) Name f\ / / _/4_ _ _ Phone (home) Phone (work) Address; V /City;Zip; DESCRIPTION OP REQUEST Estimated Construction Cost $<r CP. 7' L // f■n r> r./ 1 Describe request in detail _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ / _- - - - - - - -y- - - - - - - - - - VARIANCES REQUIRED /?^ A Lot Area Lot Width Setbac)c;Front Side Hardcover Rear Lot Coverage _ Average Lakeshore X Other (specify)_ HARDSHIP/DBSCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty and unusual property conditions preventing compliance with Zoning Code requirements;_ _ _ _ _ (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following information must be subnltted by the application deadline date in order for your application to be considered complete; 1. v^- Completed Application Form .'5^ 2. Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-605 Covt Center ,348-3271). ^ 3. </ Plat Map (obtained with property o.ners list). ! . Certificate of survey (signed by a licensed surveyor) to include ' * . hardcover calculations as required (provide one (1) copy 8%"xll” for Y reproduction). _ _Topographic survey (existing and proposed elevations) if any changes ^ / in existing grade are proposed (provide one copy 8>5"xll").V^ Slcetches or plans of floor & elevation views (provide 1 copy 8Js"xll"). ^ j\ 7.___As an addendum to this application, please attach a separate list of any other persons ycu wish notified of this application. 8.___Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your varlaicce application is not complete if the above information has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by . iginal fee payment) and/or consultant expenses incurred in review of this app^ication^^^nd certifies that the information supplied is true and cor^c^to the^Jj^t of his/her )cnowledge. Applicant's Signature ^ Date /-7 OWNERS SIGNATURE The owner hereby aclcowledges end agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission membe^:j&r^nd Coip»^al members for purposes of investiga tion and verification ,of bj^s recta^^. Owner's Signature \Date h'!/) Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planring Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Coomiisslon emd Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. L RUN DATE 01/06/9J DAKH 002 HEUNTPIN COUNTY PROPERTY INTORMATIWI SYSTEM PROPERTY OIAJERS LIST REPORT NO. PI«'*55«01 PACE 6PROP AODR OIMER NAME TAXPAYER NAME/AOOR 58 20-117-25 19 000202615 LYDIARD CIR MICHAEL L GUDERTSON ET AL MICHAEL L A KAREN GILDERTSON 2615 LYDIARO CIRCLE S EXCELSIOR m 55551 58 20-117-25 19 0005f'?*25 LYDIARO AVE D-i-f) n V1CKERM4M CT AL OAVl < 0 VICKERMAN 262 (.YOIARD C rlClE EXCL'SIOR MN 55551 50 20-117-25 19 000902655 LYDIARO AVE J X J BERG JAMES BERG 2655 LYDIARO AVE OXELSIOR I»4 55551PROP AODR ONNER NAME TAXPAYER NAME/AODR PROP AODR OItTER NAME TAXPAYER NAMt/ADOR 58 20-117-25 19 000502650 KELLY AVE JULIAN HOOK ET AL JULIAN HOOK 2650 KELLY AVENLrt EXCELSIOR rOT 55551 58 21-117-25 25 0052 026B9 LYDIARO AVE P H T A J M L’ALLIER PETER W T 4 JEMNiriR h L'ALLIER 2609 LYDIARD AVE EXCELSIOR It! 55551 58 21-117-25 25 005002698 LYDIARO AVE E G FREESE 4 J P FREESE ELDON G 4 JOANN p FREESE 2698 LYDIARO AVE EXCELSIOR fW 55551 58 21-li7-25 25 0055 02700 KELLY AVE R B RICE 400 RICE RICHARD B 4 DEBORAH 0 RICE 2700 KELLY AVE EXCELSIOR MN 65551 50 21-117-25 25 005102660 LYDIARD AVE JOSEPH A MROZLK JOSEPH A MROZEK 2600 LYDIARO AVE EXCELSIOR LW 55551 58 21-117-25 25 0059 02710 KELLY AVE LEE R HUNKELWITZ LEE R MLRIKttWirZ 2710 KELLY AVE EXCELSIOR MN 55551 ir ; * V PROP ADOR OltlER NAME TAXPAYER NAME/AODR 58 21-117-25 2> 0057 02790 KELLY AVE JOIIt4 G MUIR ETAL MRS PHYLLIS E LXtAlLEY 2790 KELLY AVE EXCELSIOR Mr< 55551 58 21-117-25 25 0055 02720 KELLY AVE CATHERINE HANSON MEAGHER CATHERINE HANSON MEAGHER 2720 KELLY AVE EXCELSIOR t*l 55551 TOTAL BATCH 002 00011 « r I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HlWItPTN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KJKATLEDGE AND BELIEF. DATE tr / J! .1 'I', « < V; .; T i 1 hARDCOVER CALCUlATlOllfflRKSfittI setback ZC«.: (CP.CUECME) (^75-250' 250-500Y 500-10^ Existing Hasdcoveb in Zone A. House length WIDTH :< 3, Garage c. Driveway D. Sidewalk 2IZ _ _ _ _ _^ IS Z.(9 E. Patio/ Deck X 3 F.Landscape AREAS UNDERLAIN BY PLASTIC SHEETING _ X = ^Z.Tg.5 s.F. _ S.F. 0 S.F, 0 S.F. (9 M iJJ -T ~^7<y s.F. S 0_ S.F. /// /S.F. s.F. S.F s.F . S.F S.F O_- S.F. CP S.F . Other *•'' Total Hardcover in Zone s.F Total Property Area in Zone 0 •^■5^, <3 4 •' S.F. h ( Cav, ; ■ ■V. •VCx_: t. 4 ■ A ^ 100 19 • ; , i i a im l>m O fin rL< 1— HI I---------- i:fT-^-- i ri ' I I U ” „ U-------- *« • ^9 ‘•r-; 5*n mm I! nM|R !_» ■I PQI {f o "0m 70 r~O -4 <m 70 2 1 am COo E9 "D oz o ?3 T.m im TJ ooc 5 zzm CO O s CO e=3 jyirawtA ^ifiA ■pafii^ Note: Only copies which b»or qn gmboysod ?»gl qr« certlfle d cople: X CJ If nr Ff I; i V V i-V copisi i T“ U*4 f iy> m fit 1 —nr < l> —!' o rv- I I I I II I I II 11 1 1 1 1 I I I I I I I I t» t • c I I L. J n I r. I I • I t ! ! ■V\ i 1 1 1 in O —f tur 1— tif < —f O • I I! I I 'V\ I I i : I t . I ! I I A- M 1! * 71 1 ;; ^ ^ u ( n •A. : it 1 J V tm <• K) / ..I * I • > V'*- •iA *EtHAl IT OWO i a:: sx roiE« © DE9G ALL one: ^Wc m » ♦ » • . * ■' • J ■»\ •'* J; 5 -.i , 44*a ^ ?3*a 6 * 6*, I6 ‘6 ’ / 8‘-v l>- ^ ■ MOW ..........‘1 IV or 6 ‘ \/iffor rr 2460 6CK60 R® 2460 JCUT OvlA i-r i-f C T •• oc I—- -1 : 6*r lOTMi. Aj PiA i#c aPio > itXHAl (T 0\RE< tW #••8 var RCISE ARE4? 2 2060 S O Amj4 __________jcor^iH-----trvnrVjsg^oc-------------- I13TAU. A5 PCA >.f c -COVERED >___ 'PORCFrt-^"r“ wovtt ICCCSB NTO Amc 9>«0E /DPQQD I"#' mm 6X6 POS s-nir V •( Mif M M« ^ I MASTER BATH C.l. /asgffis U« i>05l n 1»: r-4* ----------------------------------------------------------X-------------------- 1^ lf^(jVlDEP fCBU 46X72 rttKU KOTASE RiOl^€AffTM GULIN 12CAI ^ lOR 4/O.t “ MASTER BEDROOMI----u 19'-or 10 AntUi __looO- Kiev DECK 6-0 SCO / 19 0*. 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BLOO; 10 X 8 ooc. nc. AU. Exmaop PDOTNGS TO ft k»<. 42- mow m. GRAK CtARAGB 4- (r»r ficcR 90^ 10 fvur/r —f—T-(T • V Sf.OJ! OCT tlUlACE IW4 riCCP to [t QfYAITP 6‘ IfJ. 6‘ t»t i3ARA(3E 1 6X6 TOGT ; 4^; i_! _! . FIRESEPARATIO^I _._l. \ /( Mx-3--X6 POST ^ I—. ... . . -- . ^ ----- ... . .. . * ---------------------j, swiyiV**^ MIN 5/8" TYPE X WALL mXTO^OT SHEATHING. IE CEILING I.S If SUP TOR EnU!WALL'lllE.NSUI'rutTlM| . I WALLS MUS r A1..SO HE LUI ' l ECIED JOINTS TAPEIJ - garage : E RH)' SOLID CORE - SELT- Cl .1 SIND ^ CM CCOW 2-r^Y 14* MrA. HV ^ U3L TOMwfjVS 5 2X6 U -it — t_l___ -I------r 4* cac. fuw aott to nwti >a- 6X6 POST lO'-y ,1 3-2X6 POn' I c l’ a: z: wm\ z: z 36X36X12 OONC. nC. , ^ 2X4 AT I6’ O.C. l/r A.B. At 6 -0 O.C. , 4' OJC. OJB OOCX1 20 X 8 owe. nc. h- ■| • . »VJ OU ooco I KT« LAM »tje-«rEC^ ■ 4X4 0>C. 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AAS3 W 20 n’A»*. fim I •* p %f 14' (T ir 9 REAR ELSVATIOM . L FRONT ELEVATION teuM . i**0 ou ex IXIO SX FASQAs^ M 1-4 R.T FAsSv^ ^ * » To:Mayor Callahan and Orono Councilmcnibcrs Ron Moorse, City Administrator %yi. From: Date: Jeanne A. Mabusth, Building *Sc Zoning Administrator 6 % March 4, 1993 % Subject:#1802 Orono Independent School District #278, 770 Old Cr>'stal Bay Road - Conditional Use Permit - Resolution Additional Exhibits M - Staff Sketch Brief Review of Application and Planning Commission Recommendation The applicant seeks a conditional use permit for a 36’ x 50' addition to be installed at the southeast side of the day care structure. The former church property was recently purchased by the school and continues to function as a day care use. The former church now leases the building from the school on Wednesdays and Sundays. Tne structure will house the "Orono Smdent Center" with the principal function of providing expanded day care and with the following possible uses: Middle school drop-in center High school drop-in center Evening adult classes Meetings for District and public use The applicant confirmed that the existing paved parking lot that served the church use and current Kinder Kare Day Care would be used and proposed paving expa'isions will be at the same grade elevation. There is no change in drainage nor are drainage swales proposed. Staff raised the issue of the paved parking area also serving as the basketball court. The applicant confirmed that this was their intention claiming that at certain times of day the paved area is cordoned off with cones providing safe play areas for students. Applicant was encouraged to consider a more permanent type basketball court to the east side of parking area at seme future time. Review Exhibit F. Note the parking stall located within the required 50’ setback area will remain and will have no impact on entering or exiting day care facility nor on a future bike trail that will intersect the 50’ setback area (review Exhibit K). The Planning Commission recommends that the single stall be allowed to remain. The applicant voiced concern with the City ’s request that curved median areas be defined by curbing rather than just striping. The applicant claimed curbing would restrict the school ’s informal use of the parking area as a play area. This was a specific request of the Police Chief in order to define the driving lanes during winter when striping is not visible. In recent discussions with the Police Chief, he asked that at a minimum since the two light poles were kKated within the median areas that a 3’ wide curbed buffer be provided around the pole areas. 7 Zoning File #1802 March 4, 1993 Page 2 of 2 Refer to staff sketch. Exhibit M. It is the applicants’ hope that since the City is asking^ for controlled one way traffic How through parking area that the raised medians need not be defined with curbing and ihai appropriate signage would address the City ’s concerns during winter months. The Planning Commission concurred that the 40 proposed parking stalls would be acceptable based on the most restrictive of the multiple uses proposed for the facility, the church use with sanctuar>- confirmed at a 1,109 s.f area. Review the enclosed staff memo. Pages 2 and 3 that review the parkinc needs of the other uses proposed tor facility. Staff advised that the conditional use permit can be specifically written to review parking at a later date if it is found there is a need to expand parking. In fact, the City has little information as to the other uses proposed for the facility such as the middle school/lngh school drop-in centers or adult evening classes. It may be necessary' to reconsider the conditional use permit should the need arise at some future date. The applicant questioned the need for the posting of security to assure that all required improvements are installed within a reasonable period of time. Applicants’ representatives were advised that this was an issue that c.in only be addressed by the Orono Council. The Planning Coim.iission advised that this condition would have to be included in their recommendation to be consistent with former applications involving improvements. The enclosed resolution has been drafted per the Planning Commission recommendation approving 40 parking stalls, allowing the existing single stall to remain within the 50’ setback area curbing along the north boundary of the parking area and curved median areas in parking lot to be defmed with curbing. Staff has been in recent contact with the Planning Commission Co-Chair and Bellows confinns although trattic flow was to be controlled through signage at they had concurred there was a need to define the curved median with raised curbing. The applicant asks that the following issues be addressed in Council ’s final recommendation. 1. Need for security being posted with the Developer ’s Agreement. 2. Resolve of curved median areas. Applicant asks that curbing not be required. The Police Chief has asked that at a minimum light poles should be protected by a 3’ wide circular curbed area. Update on Bike Trail Easement M the Hebniao' Planning Commission meeting the applicant advised that they had no knowledge of the City ’s plan to install a bike trail along the east side of Old Crystal Bay Road Applicant was encouraged to work with the City in the planning of the bike trail along the east side of the right-of-way. The City Engineer and Park Commission Chairman rnct with the School Board to discuss Ihe comprehensive bike trail plan. It is stalf s understan mg t a e applicant will continue to ciwpetate with the City in liivilizing the locauon of the bike trail through the subject property. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE NO. 1802 WHEREAS, Orono Independent School District §21Z (hereinafter the "applicants") owns the property located at 770 Old Crystal Bay Road North within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A. attached (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the construction of a 36 ’ x 50 ’ addition at the southeast side of the existing day care/school structure per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit one Of more of the f )llowing uses: expansion of current day care for pre-school age children, middle school/high school smdent drop-in center, evening adult education classes, limited church use and rental of structure for other educational/public meeting uses. NOW, THEREFORE, BE IT RESOLVED by he City Council of Orono, Minnesota: 1. 2. 3. FINDINGS This application was reviewed as Zoning File #1802. The property is located in the RR-IB Rural Residential Zoning District requiting two acres in area. The property consists of 4.48 acres. On February 16, 1993. the Orono Planning Commission reviewed the application as proposed and recommended approval based on the tollowing tmdings: a. All pertinent standards of the Municipal Cixle Sections have been satisfied. Page 1 of 5 b.The proposed addition and the comprehensive use of the expanded structure will have no negative impact on the surrounding residential zone and developed properties. c.The proposed addition will not create the need to redirect drainage. Drainage will continue to sheet flow over paved areas to southern lot line and eventually to drainageway within municipal owned property. d.The proposed multiple uses ire compatible and related to other school uses associated with the total comprehensive campus use. 4.The Council finds that granting a conditional use permit to allow construction of an addition to the day care/school structure 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 propeny will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Pian of the City. 5.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning C(^e Sectu^in 10.28, Subdivision 3 (A) to permit construction of a 36 ’ x 50 ’ addition to tlie existing school/day care stmcnire per plans submitted by LOS Architecture dated January 22, 1993. Sheets 1 - 3 (P) and as amended below for the property located at 770 Old Crystal Bay Road North, subject to the following conditions: 1.Applicant shall provide an executed Developer ’s Agreement and appropriate security to ensure all required improvements have been installed to the City's satisfaction per plans submitted for this current review. Pace 2 of 5 A 2. 3. i 4. 5. 6. 7. 8. All traffic flow, stop and fire lane signage location shall be determined by the Orono staff. On-site traffic shall be one way and controlled with appropriate signage. The new addition shall be installed with an approved sprinkler system and a fire alarm sy.stem shall tx: tied to the sprinkler system. Upon application for a building permit, the applicant shall provide architecturally drawn plans signed by a licensed architect. Applicant will be responsible for making necessary SAC payments and for any additional sewer or water charges at the time of issuance of the building permit. Per Section 10.09, Subdivision 1, the City grants ihh conditional use permit for the proposed improvement but shall reserve the right to periodically review and to reconsider the Orono Smdent Center use to determine if all site improvements are adequate to support the level of use and to ensure that the e.xpanded multiple uses proposed at the facility remain compatible with the objectives of the Zoning District, Comprehensive Municipal Plan of the City and the character and development of the surrounding neighborhood. Authorities granted by this resolution run with the property not with applicant but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on mat date (March 8, 1994). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute, a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned authorized representative of the Orono Independent School District ^278 has read, understood and hereby agrees to the terms of this resolution and on behalf of himself or herself, his or her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 8th dsy of March, 1993 ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 8th day of Mary, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, *a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. Notary Public Page 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public withiii and for said county, personally appeared known to me to be the person(s) described in and who executed the forego, g instrument, and acknowledged that he (they) executed the same as his (their) free act and detd. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public within and for said county, personalty appeared know n 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 5 of 5 To:Orono Planning Commission Members Ron Moorse, City Administrator From: Date: Subject: Jeanne A. Mabusth, Building & Zoning Administrator Februar>' 12, 1993 #1802 Orono School District #278, 770 Old Crystal Bay Road Conditional Use Permit - Public Hearing Zoning District: RR-IB Required area = 2 acres Existing = 195,000 s.f. or 4.42 acres Pertinent Ordinances 1. Section 10.28, Subd. 3 (A) - Conditional use permit required for a 36’ x 50’ addition to existing structure currently approved for day care/church use. The addition shall allow for expanded day care use and extra curricular student uses (review E.xhibit B). 2. Section 10.09, Subd. 3 - Conditional uses/site plan review. List of Exhibits A -Application B -Applicant ’s Addendum C -Property Owners List D-Plat Map E -Survey F -Proposed/Existing Site Plat G -Floor Plan II -Elevations/Sign I -Specs for Outdoor Lighting J -Gustafson Rtport 2/4/93 K -Bike Trail Sketch L -Building Official’s Preliminary Plan Review History of Property and Current Use In 1982 a conditional use permit was approved for the Orono Community Church. The existing church housed all church use up to about 1987 when Busy Beaver Day Care applied for a conditional use permit to allow a day care. Day care use was lunited to a maximum 29 student/teacher ratio as building was not sprinkled. In the summer of 1991. a sprinkler system was installed in the building. The day care now op>erated by the Oron»i School District was allowed to expand beyond the 29 u.se level. The property was purchased by the Orono School District sometime in 1992. The church with a limited congregation continues to lease the structure for church uses on Wednesday and Sunday. The pastor of the church continues to use one of the offices throughout the week. The Orono School District has applied for a conditional use permit to allow the construction of a 36’ x 50’ addition to allow an expansion in the day care use now providing day care for pre-school age children predominantly in morning classes. The School District advises that the building may contain the following uses at various times of the day (review Exhibit B): Middle school student drop-in center - students from 5th through 8th grades during the hours of 2:45 p.m. - 5:30 p.m. High school student drop-in center - use center tor high school students 1 - 3 nights per week from 7:00 p.m. - 10:00 p.m. and weekends from 7:00 p.m. - 11:30 p.m. 3. Evening adult education classes - School District meetings. 4.Facility rental similar to the types of users that currently rent the school facilities on the west side of Old Crystal Bay Road. Site Plan Review (Section 10.09, Subd. 3) LOCATION The 36’ X 50’ addition will meet the required 50’ setback from all lot lines. Review Exhibit H. The exterior of the structure will be completed of the same materials as the existing structure, redwood siding with stucco finish. All other outdo^'r recreational improvements are to be located behind the 50’ setback. The day care use would be limited to 51 students based on the 2,560 s.f. fenced play area (50 s.f. per student). f‘A\ ING IMPROVEMENTS/PARKING SPACES The building proposed with multi-u.ses will not all function or operate at tl»e same time. In preliminary discussions with applicant, it was decided that the use w'itli the most restrictive parking needs would establish the number of parking stalls needed for the upgrade. The area of the church sanctuaiy' is showm at 1,103 s.f. by architect and 3.207 s.f. in Building Official’s plan review. We should ask for clarification as Building Official has included area beyond folding w'all to the south of the defined sanctuary. The following parking stalls will be required based on the two area estimates. 1,109 s.f. = 159 occupants; 1 for 4 = 40 spaces 3,207 s.f. = 450 tKcupants; 1 for 4 * 112 spaces Proposed = 40 spaces Zo. jg File ;/1802 February 12, 1993 Page 3 The following are parking requirements for other uses to be conducted within structure: Day nursery = 4 + 1 for each 500 s.f. in excess of 1,000 s.f. 4,625 - 1,000 = 3,625 s.f./500 = 7 Total spaces = 11 Office Use = 1 for each 200 s.f. of floor area 4,625 s.f./200 = 23 spaces Community Center = 10+1 for each 300 s.f. in excess of 2,000 s.f. 4,625 - 2,000 = 2,625 s.f./300 = 8.75 Total spaces = 19 The application has been reviewed by the Police Chief and he advised that the parking should be increased as the area is used for overflow parking for school activities. He also asks that curs ed median areas in parking lot be physically defined by curbing rather than just striping. He asks that basketball court area be relocated out of driving lane. Please review Exhibit J. Gustafson notes "the sidewalk along the building is proposed to be a raised concrete surface that will provide a curb for the parking lot in those areas". For the portion of the north end of the parking lot that is not adjacent to the sidewalk, he recommends curbing be installed. He notes that there are other alteniatives if concrete curb cannot be installed. Prior to the parking lot being repaved and striped, applicant shall provide a final grading plan shov ing grades and typical .sections for both parking lot and drainage swales if they are to be iastalled. Review Exhibit K fhe property is located within the areas of the City’s comprehensive bike trail plan on Old Crystal Bay Road. The City will ask for easements to install bike trail at an approximate 8’ width located 21’ in from street lot line. The approximate width of the casement would be 10’. The City will require temporary construction easements. Gustafson advises tliat one small pine tree will be removed and transplanted within the immediate area. The specific location of the trail setback has been approved because there is an opening in the trees along the north lot line. The City will ask the school to grant the 10’ easement and necessary temporary construction easements tor the bike trail. Per Section 10.61, Subd. 5 (A), setbacks for parking front/'streel setback. Required = 50 ’ Proposed = 40’ A single parking stall located within front street yard setback area must be relocated. riie loading area defined on site p'an as trash and recycling area to the east side of str'cture is shown at 12’ x 20’ and shtiuld be enlarged to 12’ x 25'. Zoning FmIc ^1802 February 12, 1993 Page 4 DRAINAGE The applicant proposes no changes from the existing drainage pattern that has always flowed to the south to the City’s property where a drainageway takes drainage to the center of the section draining eventually under Highway 12 to the railroad tracks and eventually to Long Utke. Although the City Engineer ’s report notes that drainage swales would be installed, it is my understanding that there will be no change in the current elevations. Drainage will apparently sheet flow out over the parking lot to the southern lot line. Review of Floor Plaii/Building Elevation The addition will be approximately 12’ in height, easily meeting the 30’ height limitation. The proposed addition consists of expanded classroom area with bathrooms, coat rooms, kitchen and an additional activity area. The addition will be sprinkled. An approved fire alarm system shall be tied into the sprinkler system. Sewer/Water The property' is served by both sewer and water. The Building Official advises from his preliminarv calculations that one additional SAC would be required. The Ciiy will also advise of any additional sewer assessments or water assessment to be charged against the property for the new expanded use. Lighting/Signage The site plan shows two 30’ poles with lights that are shielded downward, refer to E.xhibits F and I. Refer to Exhibit H, signage is proposed at approximately 19 s.f. The Code limits signage for all conditional uses within residential zones to 12 s.f. The City must approve a signage area variance of 7 s.f. Landscaping Much of the landscaping required by the church has already been planted and were required along the north and west/street lot line. Refer to Exhibit G. Applicant has provided a planting schedule with more formal plantings adjacent to structure consisting of Thornless Hawthorns. Sea Green Junipers and Evonymus. The southern and eastern portions of property are bordered with mature trees. Should additional landscaping be provided? Kecommendation Any recommendation of approval must include the following conditions: /.pplicant shall provide an executed Developer’s Agreement and appropriate security to ensure the following improvements: Zoning File ^1802 Februar>’ 12, 1993 Page 5 Paving improven'ent'j to be approved based on final grading and drainage plan. Such plan to show grades and typical section. Striping of all designated parking stalls. B.landscaping per plan submitted by EOS Architecture for Orono Student Center, Sheet #P-2. All traffic flow, stop and fire lane signage locations will be determined by the Orono staff. 3.Sign at approximately 19 s.f. shall be installed per plans by EOS Architecture for the Orono Student Center, Sheet /S'P-3, to be installed at a maximum height of 4 ’ 2". 4.The new addition shall be installed with an approved sprinkler system and a fire alarm system that should be tied to the sprinkler system. 5.Upon application for building permit, the applicant will be responsible for necessary SAC payment and for any additional sewer or water charges toi uie intensification of use. 6. What is your recommendation for final number of parking stalls? A. 40 as proposed by applicant. B- 57 approved in 1982 for full church use. C. Other. Tlie School District shall be asked for a permanent 10’ easement to allow the installation of an 8’ wide bike trail to be installed within the street yard. The City shall make all necessary landscaping replacement. - TY op ORONO - GENERAL LANp ^USE APPLICATION_ _ _r!3_. PROPERTY LOCATION Site Address 770 Old Cr t I ■ i'*'" I Bav Road Property Identification Number (P.I.D.) 281 1823430005 /f Please attach legal description to application if not included on required survey. APPLICANT Phone (home) Name Orcno Independent School District //278 Phone (work) 6I2« 473-7313 Address 685 Old Crystal Bay Rd N City Long Lake Phone (home) Zip 55356 OWNER (if different than applicant) Name Phone Address City Zip October 30, 1992 (month/year)Date—Property Acquired _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I igcj) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL OSE P3RMITS - CITY QF OROHO $ 50.00 For each variance request with CUP applicaty2,^^^-.r nfrrrr i wv/vv _______ $125.00 Residential accessory Use Qi 375.QC , ^ u , a. ^ CHECK "" Ti hV.OO$175.00 Institutional (church, school, etc.) RECEIPT- rnm you $150.00 Guest House/Guest Apartments i(263{50 COOl ROl T1^0 ‘; 01 /2d/ $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd, or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule Renewal Fee - $100.00 (no change from original application) After-the-Fact Fee - Double Current Application Fee OmBR APPI^CATIONS $200.00 $250.00 $175.00 $ 75.00 $300.00 $300.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoaing (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals Othe^ - see fee schedule / PRESENT USE OP PROPERTYPresent Zoning District KR- I H Present Use of Property Church/Dnv Care Residential ____________ Other (specify) DESCRIPTION OP REQUEST Describe request in detail:see attached 2. REQUIRED SUBMITTALS 1. Completed Application Form. Certified Property Owners List of owners within 350' (you can obtai this list from Hennepin County Department of Finance A-603 Governmer. Center 348-3271). Plat Map. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 3. 4. YOU ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (11* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her Jcnowledge. Applicant's signature Date OWNERS SIGNATURE The owner hereby acJcnowledges and agrees to this application and further authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council members for purposes of investigation and verification of this request. Owner's signature Date Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please ma)ce arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. i r \/VU DESCRIPTION OF REQUEST Orono Independent School District no. 278 is requesting a conditional use permit for our building located at 770 Old Crystal Bay Road. The conditional use permit should be for school use with all associated programs and activities including pre school child care and continuing the present uses. The present use of the building is for "Orono Kare For Kids School Age Child Care Program" and "Orono Community Church." The child care program serves children kindergarten through 5th grade before and after school, on release days, and during the summer. The Orono Community Church rents the pastors office full time and uses the rest of facility on Wednesday evenings and Sundays. This facility is an extension of the District's campus operations. The potential use of the facility could be as varied as our present buildings. Any of our existing programs may be housed at that location in the future. Some of the potential uses of the building in the immediate future may be: Preschool Classes: providing enrichment classes in music, art, etc. for preschool age children, classes would be held during the morning hours. Middle School Student Drop-In Center: providing after school enrichment and recreational programming for students grades 5th through 8th, hours would be 2:45 pm to 5:00 or 5:30 pm. High School Student Droo-In Center; a youth center offering a variety of enrichment and recreational programs such as: tournaments (ping-pong, volleyball, etc.) big screen TV, music — coffeehouse, youth issue forums, youth service projects, support groups, study nights, chaperoned trips, theme nights, classes, etc., hours would be 1-3 nights per week, possible 7-10 pm and weekends 7-11:30 pm. Evening Adult Education Site; various adult education classes may be held at this site such as: GED, family literacy, enrichment, etc. District Meetings or Staff Development Activities; Daytime or evening meetings for staff. Facility Rental; this site may be rented for activities such as meetings, birthday parties, scouts, government groups, etc. as with all our existing facilities. RUN OATl 01/19/95 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OFf^ERS LISTBATCH OOAPROP ADDR OltlER rUHE TAXPAYER NAHE/AODR Bd 26-116-25 BA 0001 00795 OLD CRYSTAL BAY RD N SCHOOL OIST NO 276 OROHO SCH DIST NO 276 685 OLD CRYSTAL DAY RO N LONG LAKE HN 55556 PROP ADOR OFt4ER NAME TAXPAYER NAME/ADOR 56 28-116-25 65 0007 00056 ADDRESS UNASSIGNED IND SCHOOL DIST NO 276 IMO SCHOOL OIST NO 276 ADMIN OFFICE- SUPERINTENDENT 665 OLD C'^'YTAL BAY RD N LONG LAKE 55556 PROP ADDR Olt4ER NAME TAXPAYER NAHE/ADOR 56 55-116-25 21 0001 00765 OLD CRYSTAL BAY RD N SCHOOL DIST NO 11 ANOKA-HErtlEPlN I S D NO 11 11299 HANSON BLVO N N COON RAPIDS MN 55655 yf I'.i .0 • ) Ci 1 'it '•V*- T REPORT NO. PI4S5401 PAGE 10S8 2S-118-2S A3 0005 00770 OLD CRYSTAL BAY RO N INO SCHOOL OIST 8278 (ORONO) ATTN SUPERINTENDENT INO SCHOOL OIST 8278 IORONO) 685 OLD CRYSTAL BAY RO N LONG LAKE Etl 55358 38 28-118-23 43 000800038 ADDRESS UNASSIGNED ALBIN F THIES ET AL ALBIN F THIES 1842 HOMESTEAD TR LONG LAKE m 55358 . ' 38 33-118-23 11 0003 00038 ADDRESS UNASSIGNED ORONO PLAZA REIERSGORO LAN FIRM 4445 HALIFAX AVE S SUITE 7 EDINA m 55424 38 33-118-23 12 0007 02700 KELLEY PKHY H R A CITY OF ORONO H R A CITY OF ORONQ 1335 BROIM RO S NAYZATA MN 55391 TOTAL BATCH 004 00007 I. K-. I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEFAIEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KNOMLEDGE AND BELIEF. DAT Date : 7-1-07 Scale: 1 “ * 200' 0 : Iron marker BSA Chis^cU -^J 5t«fc! I*** So Existing Legal Descriptions. c :• 7 F v*.ti H '** • •••*'ff*mj7.2o ***••.. -----^M. .cquntlj ®^2- 1 29 r. 75* O. H16HWAY__MQi=i^; IZUf <-5 v:-'- V lo’ LOT <-|0* V/". 77 ! 4<A (T t 4.1Z AfncA ccfit/AtAUtjj i/» ^fo *9 InV '»• *a to \ c V' •£ - Q U^: 3)' 3) Pnt',A%)t 4 LU:l:(i <a5e»«eM/> ' 0> V u* Vn '* F/iyf 2/5’oo V- ' ^ *7^ I . *^0^4: N09’J7 ’l*'1282.19 , 1 *• • ^ M'in ;.;■ . J —CA.,a o ^ * ' ._ ^ I07M (Stc 9iKU>uj A < 42 f AtAff LOT //^# 4*J! p/a/^4. 4Z f dcZfi 44t.i^O I204 OC cat€ff nm'iY w an.oo ________ Lots 1 and 2, Clock 1, Crystal Crest. Proposed Legal Descriptions. A. The West 642.00 feet of Lot 2, Block 1, Crystal Crest. 0. That part of Lot 2 lying East of the West 642.00 feet thereof, and Lot I. Block 1. Crystal Crest. I hereby certify that this si»rvey was .Prepared by me or under wy direct sunrr- 4 . • •• .• f|| Ifi SS OMO ii I • ' • « • « . t • • m 1 __1 H A 1 f. It I IlilS '!!!li o ^s!i 5 4 -\ •? \ I P O w % 4 ■ • n \Z\^ •4* ^ •o t 1^ ^ . r» o 1^*v^* 5 I ?!l i f. :i . • 4 I • ^ CTE u I J e ^ i i i ? 5 5 j I 1 ! O \4 S n4 i. -4 m s « L rzi 0 fr •«v I I. }a 4 ? ' 1 « |S|I ’ * *I 1 5 ' 5 l!‘liji!_____m m m ^ 'I IiL^xJLb Tr /. V V' arr~i I ‘!h ‘ 1 |!i Uili{ in S > m - 00)0 !5d3D •m 4 • ^• • W#* S6w> Arm-Mounted Large Area Cutoff ©Wet Location Use for lighting stadium or shopping center parking lots. ORDERING SEQUENCE CATAIOG NUMBER VOLTAGE OPTIONS TY?1 n D1STR1BUT10H H.gh Riftssue Socium ISO KVS1 150S R2 Metal 175 KVS1 17SM R2 Kiidf 250 KYS1 250M R2 TYPtmOISTB.BUTlON Hjgh Pf«ijre 150 RVS1 150S R3 Sodium Mrii 175 KVS1 175M R3 H um 250 KV51 250M R3 m*t IV o«YWBunoN ^-igh Presi-ft 150 KVS1 15QS R4 Sodi;jm WlUt 175 KVS1 175M R4 HI Kit 250 RYS1 25CM R4 nPCVDISTBlBUTIOR 150 rvsi ISOS RS Prvdu'ft 250 RV83 250S R5 r 1 Vv9«< • Sodi^iTi 400 KYS3 400S RS 1000 KVS3 1000S RS 175 KVS1 175M R5 Mflll 250 ICVS1 ItOM R5 Kai:^400 ICVS3 400M RS 1000 KVS3 10CCM R5 120 2CB 240 277 4S0 Tl' ShifpH InflB'iftd tl Finyrt Sn3<Fuse(l2D 277V) Do.tie Fuse (2D3. 240 480V) PER NEV1A Tw.s!-Ioc « Recf :ticie oo^y (oo pncicconirol) ons 0-am Resir ki S>*s:err OUTDOOR tkJAKf 5i:e Sh^ (R3. R4 <y KVS3 onM ^•EO VfM^,mBasc tR5 Archftf cturjl Cotorj 'ca rued * n sh) 0M8 UeCiu<^ BronTf OWN WM£ 8U:k ONA Niiuil AliT^ntm OSS^ C3C Sard Slor.i Cra'coi. Grey o:g "r^ns Green OBR BngiReC OSB SIM Bue Shuptd Bcpanttryi NEVA Tw.5t*Loc»c PE (120. 20B. 240V) NEMATw SMCCkPE {460V) AEklA T^g^-LocAPE i277V) Vinca G^d orV) ACCESSORIES ('■<a CrOftied Seuntety See Culoft'Stft Ocrons Section. OIMENSJONS «yii tm Dtf i nv>4; Sc* cvn m }J tiWW yr.wc* IftftW ar ran Oww • MJO-Tip Sadist (170 228. 240 277V) • ftAiy Pf ftft ftccesscry. MUST ill Col341 O^om McOori. :*V- .'-1^msfLarge Area Lighting features " HOUSING. I afumnum housing Seam-vftiklBdfoTvveaih- erliyhllnleguty TPOM closed ca!) housing gasktf AJI exposed hardBraTOsstaintcsssteei Uart BrooZfi TGICpotysster powder timslus standard NV51 9 akjm- mum at m with Integol sptice compartmcfTt for pole or wan mouqjing NVSJ:12*ati:mimjm arm w/lh imegndspBce con tparimcnt lor pole of #.aii mounlnQ KVS1 OPneS: Onci)iece ano dialuminum renccKjr lES cu ’ottdistnhutions availiWe Type II (Roadwr/). I yp® **» (Asym mctiit). Type iV (Eorwi^d T n:ow) lypeV(Srmmetnc) Relieclor hf>ges o»jI 1(X easy remoL al dunoQ mslalatiOfVmamtEruncc R5 reflector rsvcrticaUy lamped al olhprs hanronUiFy ICVS3 0 PTICS: footed dfvgn re d rects light around arc tUiCfot oplimiim tamp Mi and r.i»>rru;m efiriency Meets Af^Sl siwt»ca lion#C70 13S2 Conlou edl'16 oucA tampered glass Verti cally Umped eAUASLUXCTBICAL SYSTEM Cof ?sunl watUgi auUHrans- lormer f 00% copper wo jnd and ladDry tested Renwteie ua I !/(d power door Cfsconnecl plugs onprimary anil sctcmdary c »r cuT? Woo40itsf poiceUinsockcl BKVpAieratPd (SKVonlOOOW) LISHNC U L 1S/2Ustcd suiODie lor Air localimu m Bonestroo Rosene Anderlik & Associates Otto G Bon^ilrrx) PE W pc* Jovcpn C A'x'ff k PE Mjrv>n L So/v.».a PE P-c'^artt E Turner Pt Cir^'n R Cock PE Tf'omjS E Nc*»ri PE Pot>en G Schurxhi. PE Sown M EDertm C PA <y Ccnsu'tjr? Engineers & Architects HoNA^arcJ A Sanfotd PE kfth A GofOon PE Pct>e'T P PV^re PE «<hanJ \Af Pc«r' Dav*fJ O Lo5»cfj PE PcxKt C A I * jffy A Bourdon PE Mark A Hanson P£ T Paur^ann PE Ted k ^ria PE Thornai P Arxierson AlA Donak) C Borgardt PE Thomas E An^uv PE fsmaef Mart r;^»2. PE •.•<haft P P Pt' fc ■' CP '•^ omas W “• sen P£ C c. n PE jjmrs P *.*a PE ;e'rv O Pr^^*vn "*E P « F Mark P PoTi P£ Mark A Sen P: Ga'v '-A/ V. Oat'iH j E ' ' <v ■»£ Dary < k I 'trran 'i Phd»0 ) C. .vr PE Mirk O atJ.'iS .^E M-irs B jen'fn pf L pn. ;,p G*a\r' 111 P£ tCa'en I *A-^rr^n P£ Ga^ 0 ■ ' 'trAr/ PF T 3 Fo'jff PE ke-m P P£ Shawn D GustJfscn I C fX 'O Girvie< F£ Ch.,'^5 A E cksor Lee -1 ‘ • ei'jty •' Xson .. * » En^Hh < L* February 4, 1993 Ms. Jeanne A. Mabusth Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Orono School District File No. 139-1802 Dear Jeanne: We I me reviewed the site plan for the Orono Student Center proposed by the Orono Independent School District #278. Tlie center is located along the east side of Old Ciy ’stal Bay Road to the north of the City Facilities. The addition to the e.xisting church building and parking lot will provide additional capacity for the day nursery operation. 'Hie bituminous parking lot is proposed to be expanded to provide 40 parking stalls, including 2 handicapped .stalls. A paint-striped median is shown to control traffic movements within the lot. The side walk along the building is proposed to be a raised concrete surface that will provide a cu b for the parking lot in those areas. For the portion of the north end of the parking lol mat is not adjacent to the sidewalk, we would recommend curbing be installed. If the grades will noi allcw concrete curb and gutter placement, we would recommend a prefabricated curb "bumper" be placed with openi;igs located for drainage. Grades and typical sections should be shown on the plan for the parking lot acd drainage swales. Tlie cast edge oi Old Ciy'stal Bay Road is scheduled to be Improved this vear with concrete curb and gutter ».nd an 8 foot wide bituminous trail. The trail is proposed to be located within the right-of-way. An option would be to construct the trail on the east side of the coniferous tree line, within the 50 foot setback. This option would provide a desirable buffer between the roadw'ay and trail, and should be considered. "Ihis location would require an e .sement be acquired from the School District. Please contact me at this office if you have any questions. Yours very truly, bonestroo ' ROSENE. ANDERLIK & ASSOCIATES. INC. /^iutuyy\ £). Shawn 1) Gustafson. P.E. SDG:!i 139A.cor 233S Wt&t Highway 36 * St. Paul, Minnesota 55113 • 612-636^4600 PLAN REVIEW NOTES Chufch/Day Care A 2.1 Occupancy - Sancmar/ - 3,207 s.f. ± divided b'' = 458 occupants - 2 exits required - A jposed - distance to exits okay - 9 ’ of exit width required - 18’ proposed E-3 Occupancy - Day Care/Classroom - 684 s.f.+. divided by 20 = 34 occupants - 1 exit required - 3 proposed - 3’ exit width required - 9 ’ proposed B-2 Occupancy - Offices - 734 s.f.± divided by lOO -• 7 occupants - exiting okay Type of Construction Type V - one hour required Type proposed - not shown Location on Property 2 hour walls required less than 10’ 1 hour walls required less than 40’ Survey shows 48’ + to propert>- lines Allowable Floor Area 10,500 allowed - 6,146 ±, proposed Sanitation Required number of water closets + lavatories okay 1 water fountain required All equipment must be handicap accessible L-' Comments - Sprinkler system must be extended throughout new addition - An approved fire alarm system tied into the sprinkler system must be provided - E.xits from activity/sanctuaiy must be provided with panic hardware - Exit corridors from activity/sanctuary must be of 1 hour construction, doors must have 20 min. rating / S.A.C. Charges Building was originally charged 2 SAC units Plan should be submitted to MWCC for SAC determination - my rough calculations indicate 1 additional SAC would be required. NOTE: Preliminary plan review on partial proposed plans only. i J -5^ - / • * 1 rL\c.' I ) •♦•••> •*•*•*•*•*♦ SiSi-wiK • ■•: ’.•.•.•.•.•.•X»!*!*!vv»NV.*.*.*.^.'*r ‘.‘J.i • ♦T*. AI i'rrrrr^ r c,. I ■>— iOi & ’■■■■■I o^/C » • M \-' y' ••:•..•■' • ‘ I M ■I ill»illliiiliiiipii■|ll»liiii«lii^ W»iillSSI|liiiil«^ '7,.: ; . . ■ : .;• ,. . •■ -, X •^'■,•• • . v.ii-'x K TpTlT" * • » . • - <- • • t /'SEzn^ . I o.... '• o,-:; 0-. ■ * ly I yA. I * I '• *' ' f *'* ■^ * '1 * ’it* »"‘*** *4^ (‘ I 5^- >n ❖ ■■■ r-^ /'■ . • . T5 • I , . ; . ' ifrrf :•;•;• .■■,( ■. . I. ;>• ' '.Ji' .'l i,j ■ ' ;• '|,l' ■/!■■ -A ' < * • * W' « • .1 r • f‘ . |. • . f —w— * • f. w •• i»I« •■■ii:.. h - I f, •« ^ 1 ■ .1 ’*'•• • « • '• .<■ • ’. 2’' ll'* •• *.: . ' ••'' • ( ^ ' •■; 3.’ i ’ •>;* ii' ‘1 .* • '• •■ * ■ ■ ^ t'••*' ,i.^-• t r .i'l ^ ' i >; > f ‘I f I I.li ; • • i:': • if » < mV ' I I* ’ / * I* ‘ ♦j ‘#1 . , •'• It • -J “* I ‘ • 1 '• »J ••» ( ( - OK-,.- I • ■ 1 Oc' V ^ ‘ \ * I * J ‘ ' t V.VV’ ' ♦ 'V?,^ !• * '■ ‘ f,* ■•'' f .' iV^’’ /■ j' : • • ; ' f •;? ’ .. f I/.’-,.;. r. , x’ i' - •• '> • • .-X '■ ' .. • ' Cy- ■ ■■•■O. ' f i ‘ '— —•’r~^’' •. <'7..T'^M-1 ’• i!''• i ' • K'' . •■•' 'Mi'V.'.-•• ' ',;'*■•=; • | c^'r • •! 1 . . * ■»«fc ' ,1 , % ^ 'i. - • ^ . \ ' f• .V •■ ■ r.,< ‘ :; f .* -C' ::c ■•! JV ’ ’'V • • - - I •■' * '/V ‘ - * ‘ ' r ^ *• L ’ • *7 IV* ^ ‘'’1 * *\s ’ ^ * * 4 * . .H .? ' kV . ^ <»< « 1' “"I * ^ f- ' I 'M'. j?.' ' I, •t. »• I -* I » « y* t ... ’ V ■ ? ** • '‘«y ’.M * ■*>' » .M • ' • t >.\ - ! '~'nC TO: FROM: DATE: SUBJECT: Mavor Callahan and Orono Councilmcmbcrs Ron Moorse, City Administrator Jeanne A. Mahusth. Building S’. Zoning Administrator March 3, 1993 /^1803 Woodhill Country Club, 200 Woodhill Road - Prelimm^C^ V SoSubdivision - Resolution Additional Exhibits Q - Josephine Carpenter Letter 2/17/93 R - John Prudden Letter 2/10/93 Brief Review of Application The current subdivision involves the creation of one residential lot, two outlets, one for future subdivision and the other for undefined use, and one road outlet shown at a 50 ’ width. The private road outlet has been designated over an existing private driveway that currently serves the Prudden and McNellis residences. Review E,xhibit F. The applicant asks that the current drivewa> be allowed to serve the two existing residences and the new proposed lot. Woodhill agrei s to share in the future development of a private road and has agreed to designate the private road outlot at the required 50 ’ width with the installation of a temporary cul-de-sac in the southwest comer of the property. Members may recall the original 40 acre site was owned by John Pillsbury. Upon sale of the Pillsbury homestead, an 8-i- acre parcel divided off of the original 40 acre parcel, the remainder was sold to Woodhill Country Club. In 1985 Woodhill joined with John McDowell to create the 5 lot plat, Woodhill Ridge. Lot 3 was to be served by the existing Pillsbury driveway accessing off of Woodhill Road. This was agreed to :n order to minimize the impact of an extension of a private road through heavily treed, steep topographies. During the review of the original subdivision of the Pillsbury homestead and the 5 lor Woodhill Ridge plat, the City did not require the upgrade of the existing drivew'ay. The City would address access at the ime of a future subdivision. In 1990 Woodhill filed a similar subdivision application involving the creation of I residential lot. The key issues durir.j that earlier review involved the need to acsignate the private road outlet now that the road was to serve 3 units and what degree of upgrading would be required. It was during the 1990 review that the confiict between the directives of the Comp Plan and subdivision code was again raised. The Cc.np Plan written in 1980 classified a private driveway as serv ing up to maximum of 3 units. The subdivision regulations approved «n 1984 calls for a private road designation at 3 unit density. Staff was advised that time that in recent court actions, the court found an ordinance had precedence over directives within a Comprehensive Plan. The ordinance written four years after the Comp Plan provides clear direction as to the Citv’’s policy and staff has attempted to follow the directives of the Zoning l ilc #1803 March 3. 1993 Page 2 subdivision reuulations. Review Exhibit R. Note Prudden calls attention to the fact that a second residential unit exists on his property and is also served by the driv^eway, bringing the level of service to 4 residential units. This letter also notes that the Carpenters at the southwest corner of the property are also served by private driveway. Staff in the recent Planning Commission review asked for clarification as to whether the Carpenters had legal access over the driveway and was advised that there is no easement in favor of llie Carpenter property over the private driveway. Review Exhibit Q. Mrs. Carpenter asks for special care to be taken in the placement of the road improvements as they encroach her property. Mr.>. Carpenter also asks for final review and approval of the road upgrade plans before any road construction commences. This would not be an appropriate condition of the City ’s approval but the Chy can encourage Woodhill to work with the neighboring property owner. Access was again the major issue for this review. Staff offered various options. Review Exhibits K and L. The engineer recommended that the private road outlot be designated but realigned off the current driveway in order to meet the turning radius for 30 mph speed and maintaining the maximum allowed percentage of slope at 9%. The engineer also recommended that the private road be installed up to the southwest comer of the property with a temporary cul-de-sac. Staff offered another alternative suggesting that a backout apron be installed in the southwest comer rather than a temporary cul-de-sac that would require the removal of several mature trees. The residents who use the private driveway concur that there is only a need lor a backout apron at the base of the steep incline to the north. Tlie cul-de-sac would be temporary until the Pmdden property is divided to the north. The Planning Commission questioned staff’s recommendation to require panial upgrading of the roadway. Staff had presented this option during the 1990 review as a compromise position as the applicant had requested no upgrading of a private road and yet the condition of the road at the lower elevation, -unning east and west suggested the need to upgrade. Mr. Prudden has provided photos ot * e lower portions of the roadway for Couneil’s consideration. Planning Commission Recommendation The Planning Commission recommended approval of the subdivision as proposed by applicant and adopted the conditions set forth by staff except for the recommendation dealing with road placement and panial upgrading of road. The Planning Commission recommended that the private road outlot be shown as proposed by applicant over the existing driveway corridor. They recommended no cul-de-sac or apron to be installed at the southwest corner and asked that applicant work with both the City Engineer and all affected property owners tc determine best design for sensitive areas of existing roadbed. ITie City Engineer has confirmed that the road would have to be posted at the cuive at a 20 mph speed (and that the road be Zoning File #1803 March 3, 1993 Page 3 upgraded to a private road up to the northern boundaries of the property). Please review the enclosed packet for more background on this current application. The enclosed resolution has been drafted per the Planning Commission recommendation. The applicant once again asks that the road be upgraded at the time a 4th residential lot is created and would agree to install a temporary turnaround or bacKout apron at the southwest comer to assist users of the road during times of bad weather. A RESOLUTION GRANTING PREUMINARY APPROVAL OF THE PLAT OF WOODHILL RIDGE SECOND ADDITION - FILE NO. 1803 WHEREAS, Woodhill Country Club, a non-profit corporation, (hereinafter the "applicant") on January 22, 1993, filed a formal subdivision application with the City for approval of a residential subdivision creating one residential lot. The property is legally described in Exhibit A, attached (hereinafter the "propeny"); 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 Platting Codes, the Orono Planning Commission held a public hearing on February 16, 1993, at which time all persons desiring to be heard concerning this application were given the opportunity to peak thereon; and WHEREAS, at their regular meeting held on March 8, 1993, the Orono City Council considered the subdivision application of the applicant, noting the following findings of fact: 1. 3. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of coniiguo' dry buildable land within each newly created lot. The property contains a total of approximately 17.34 acres. The proposed residential lot meets tlie required dry contiguous land area of 2 acres. Outlot A equals 1.49 acres and will now serve as a private road outlot. Outlot B equals 6.57 acres and fias been set aside for either future residential development or use by the Woodhi 1 Country Club. Outlot C at 6.83 acres contains approximately 3 acre wetland and is not proposed for residential use. Outlot D at 1.45 acres is unbuildable and can be sold to an adjacent property owner for legal combmation. In a memo dated March 13, 1990 by Michael P. Gaffron, Gaffron confirms septic testing provided by S & T Testing confirms that there is suitable area for both the principal and alternate on-site septic systems on the property. Page 1 of 5 4. Lot 1 has been found to satisfy all rural standards of the RR-IB Zoning District. 5. Outlot A has been created for the sole purpose of access and is designated as a private road. The access road shall to serve the Prudden, McNellis and Lot 1, Block 1 Woodhill Ridge Second Addition. Applicant shall develop covenants with the other benefitting property owners not included within plat for the maintenance and upkeep of the road and drainage improvements wiinin the roadway. 6. Outlets B and C have been created to define remaining portions of propeny for future use. Applicant shall be responsible for the maintenance of these areas and any future use of these outlets will require City revie\/ and approval. 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 of Woodhill Ridge Second Addition per the survey dated February 12, 1990 revised January 20, 1993 by Thomas S. Bergquist of Sathre-Bergquist. Inc., subject to the following conditions: 1. Applicant shall install a private road within Outlot A. The City Engineer shall work with applicant to determine the best design standard for specific areas of e.xisting roadbed. Applicant’s enrmeer shall provide engineering plans for road improvement, such plans to be ap. .oved by the City Engineer before construction can begin. Applicant shall provide a developer’s agreement and letter of credit to be wri:*en in an amount based on 150% of the valuation of the road improvements/construction. If road is not completed prior to final plat approval, the current driveway can serve as access during period of new construction on Lot 1. Block 1, Woodhill Ridge. A building permit for new construction cannot be issued be City until the plat has received final approval of the City. 2. No grade cuts 50’ downhill from septic sites on Lot 1 shall be permitted; no grade cuts 20 ’ laterally at a level equal to septic site locations shall be permitted; no structures or driveways shall be located within the defined setback areas. Prior to construction septic sites shall be staked off and protected. 3. Applicant to grant road and utility easements over private road Outlot A . Page 2 of 5 r 4. Applicant to grant Conservation and Flowage Easement over wetland areas to be shown as drainaue easements in Outlot C. 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: 1.Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200 ’. Drawing to include: A.Lot lines platted per preliminar>* sur\'ey by Thomas S. Bergquist of Sathre-Bergquist, Inc. dated February 12,1990, revised January 20. 1993. B.Dedication of "drainage and utility easements" 10 ’ wide along all perimeter property lines. C.Designation and dedication of a drainage easement over wetlands and drainage ways within Outlot C. 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.Tlie applicant must provide certified copies of all recorded easements currently affecting the property. C.Signed and executed Conservation and Flowage Easement over the wetlands/drainage ways within Outlot C. Please review sample drainage easement enclosed for use. Signed and executed developer’s agreement and lette- of credit for installation of private road (see attached fonns). Applicant to provide letter of credit at 150^ of actual cost of improvements. Page 3 of 5 1 E. F. Signed and executed access road and utility easement over Cutlot A (see attached). Final draft of an executed copy of private covenants suitable for filing dealing with the ownership/inaintenance of road. 3. Fees to be paid: A. B. C. Final plat fee = S175.00 Legal review and filing fees = $200.00 Park dedication. Upon preliminary approval the plat shall be referred to Rolf Erickson, the City Assessor, to determine the fair market value of 8% of the land being developed thai would have been conveyed to the City for park purposes. Applicant will be advised as soon as Mr. Erickson has submitted his findings. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of March, 1993. ATTEST: Dorothy M. Mallin. City Clerk Edward J. Callahan, Jr., Mayor Page 4 of 5 ST ATI: OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of March 1993. by Edward J. Callahan. Jr. & Dorothy M. Hallin. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 5 i TO: FROM: DATE: 5.Planniiui Commission Members W Ron Moorse. City Administrator Jeanne A. Mabusth. FJuilding and Zoning Administrator Februar)' 11, 1993 SUBJECT; #1803 Woodhill Country Club, 200 Woodhill Road - Preliminary Subdivision Public Hearing Pertinent Ordinance Chapter 11 Specific sections: Chapter 11.33, Subd. 4 (Exhibit N). Sections of the Comprehensive Transportation Plan (Exhibit O). List of Exhibits A - Application B - Plat Map C - Property Owners List D - Planning Commission Minutes 3/19/90 E - Council Minutes 5/14/90 F - Map of Properties Served by Driveway G - Gaffron Memo II - Proposed Site Plan I • Declaration of Covenants, Easements, Restrictions dated 12/8' J - McNellis Letter plus Sketch K - Gustafson Report 2/4/93 L - Engineer’s Sketch M - Staff Sketch N - Section 11.33, Subd, 4 O - CMP Sections P - Preliminar>' Plans History of Property In 1990 Woixlhill Country Club filed a 2-lot subdivision application with the City that involved Outlot B of the Woodhill Ridge plat, refer to Exhibit B. The division involved the creation ot one residential lot and the remaining properties designated as outlets. The existing private drivewav would continue to serv'e Lot 3, Woodhill Ridge plat (McNellis residence), the Prudden residence (the former John Pillsbury homestead) and the proposed new reMdential lot (refer to Exhibit F). Zoning File #1803 February 11, 1993 Page 2 The original subdivision applicaiion (1503) was tabled at the Council meeting of May 14, 1990, refer to Exhibits D and E. The major issue for that review was whether the road was to be upgraded to a private road and if so, where was the cul-de-sac to be located within the roadway. The adjacent neighbor voiced major concern as the cul-de-sac would have major impact on her property if placed at the southwest comer. It was Woodhill’s position that the roadway did not need to be upgraded but the two property owners (McNellis and Prudden) ser\ed by the road requested upgrading to a private road and that a cul-de-sac be installed to the east away from the most affected adjacent neighbor. Council tabled the application to provide the City, applicant, affected property owners and neighboring property owners to work out an agreeable arrangement whereby neighbors needs would be addressed and City’s ordinances satisfied. Review of Current Proposal The current subdivision proposes a residential lot, an outlet for future development, an outlet for private road with cul-de-sac and an outlet over the wetland low area to the south side of the private road. The residential lot meets the required 2 acres in area and required lot width of 200’ at the 50 ’ setback from the road. The private road outlet with cul-de-sac is platted along southern part of road and the northern extension remains as a driveway serving the Prudden’s and McNellis’ residences and the proposed residential lot (review Exhibit H). Septic As lot is proposed in the same configuration as the original, the septic testing provided for Application #1503 is still acceptable. AH conditions set forth by Gaffron in that review will still be required, review Exhibits G and H. Note Gaffron required a 50 ’ setback downhill from drainfield test areas for all constmetion or improvements. The lot will be a difficult lot to develop and requires intensive planning before the final house location and house design is resolved. Access/Upgrading of Current Roadway As in the earlier application, Wwxlhill asks the City to delay requiring upgrading of the current private driveway until an additional unit is added. They have platted the 50 ’ private road outlot to the north lot line v. iih cul-de-sac. The cul-de-sac is in the southwest location. Members may remember the objections of the adjacent neighbor concerning the impact upon their property. Several mature trees would have to be removed if a full cul-de-sac is installed in the area. Review the covenants (Exhibit I) created in 1986 that govern use and upkeep of the private drive. The covenants address the issue of maintenance and approved level of users by both Woixlhill Country Club and Fruddens with future subdivisions of ^e properties. WiKxlhill Zoning File ^1803 February 11. 1993 Page 3 would assume no responsibility for the repair or maintenance of road until residential lots developed from Outloi B, Woodhill Ridge, were to be served. Ba.sed on the directives of the covenants, the one lot within the Woodhill Ridge plat (McNellis lot) and the Pnadden property were to have equal share in the maintenance and upkeep of the road. It is not clear as to what WoodhilFs share in the cost of upkeep would be. refer to page 2, item 2. It appears that Woodhill vvill only share in the cost of regular upkeep and maintenance if a club use is to be installed off roadway. At the time of the Woodhill Ridge subdivision, the City allowed the private driveway to remain becau.se there were just two users. Review Exhibits N and O the City code requires a private road at 3 residential units. The real issue is what degree of upgrading will be required and the extent of the upgrading. Review Exhibit J, Mr. McNellis has submitted an updated letter presenting his position. He advises that Mr. Prudden takes the same position. They feel that the road should be upgraded by Woodhill at least along the lower southern portions where the road has never been improved. Mr. McNellis relates serious concerns with current condition of roadway and asks that rather than iiopacting the neighbor to the immediate southeast that a simple backout apron in the southwest cojuer be installed rather than a complete cul-de-sac which would destroy all existing mature vegetation. Review Exhibit K. the City Engineer ’s Review Comments. Gustafson asks that the lower southern roadway be upgraded to a private road with complete cul-de-sac in the southwest corner. Gustafson also notes that the extension road to the north as proposed would have to remain a private driveway serving just two residential units. As already noted in this memo, the proposed Wotxlhill lot will bt served at the northern boundaries taking advantage of the more gentler slopes so three units will be served from the private driveway portion. Review the sketch of the City Engineer, Exhibit L. If the northern portion of the driveway was to ever meet the standards for a private road, the road outlot must be realigned so the road can be installed at an acceptable degree of slope (no greater than 8% to 9%). Note the road would wipe out the proposed building site and require the realignment of the eastern lot line. Proposed Outlot B consists of severe sloping topographies and it is doubtful whether the property could be rcsidentially development based on current rural standards. It is the potential development of 8.3 acre Prudden property that creates the need to develop a private road corridor to the north. A private road cannot be constructed within the northern portion of the proposed road outlot. This is the only time the City can plan for a future road expansion U) the north. It will be too late once Lot I’s let lines are detined and a house hKated on the property. At a minimum the road must be upgraded along ihe southern portion. There must be a turnaround of some type at the southwe.st comer, at the base of the private drive northward before its steep extension to minimize safety concerns during times of bad weather. Can the City legally allow the northward extension to remain as a private driveway serxing six lots.’ Refer to Exhibits M 1-2. the sketches show the road outlot realigned and platted to north lot line. The current developer would install private road to point where private Zoning File #1803 February 11, 1993 Pace 4 property will require the installation of the road outlo*. to tlic nortli boundar)' and the removal of the former drive and backout apron. The City would ask for all affected property owners served by roadways to execute standard covenants dealing with equal shares in upkeep and maintenance of both pr ivate road and temporary private drive. It may also be necessary to define that it will be the obligation of the future developer of the Prudden property to develop a private road from the point at w hich the private road has been installed by the current developer. Recommendation fo approve the subdivision app'’cation of Woodhill Country Club creating one residential lot meeting all required standards of the RR-IB Rural Residential Zoning District and On-Siie Septic Code subject to the following conditions: 1.No grade cuts 50 ’ downhill from septic lest sites on Lot 1; no grade cuts 20’ laterally at a level equal to septic site locations. This would mean no structures or driveways shall be located within defined setback areas. Applicant to grant road and utility easements over private road oullot. 3. Applicant to grant conser\aiion and fiowage easement over wetlands areas to be shown as drainage easements in Outlet C. 4.Applicant to pay park fee based on assessor’s determination of the fair market value of 8% of land being developed that would have been conveyed for park purpose. Options of Action Concerning Private Road Location and Required Upgrades with this Subdivision A. Placement of private road ouiloi. I.Per applicant ’s request the location of private road to be approved as shown on preliminary plan by Sathre, Beigquist with the cul-de-sac at southwest corner. Existing paved road to north to remain as private drive serving a potentiil of six lots; or To require the road to be realigned as set forth in staff s sketch for private road. Surveyor shall also realign the cast lot line of Lot 1 to assure 2 acres contiguous dry buildable lands are retained. Tlie house site would be moved further east to the higher elevations. The driveway to serve Zoning File February 11, 1993 Paee 5 proposed Lot 1 may now come from southern portion of private road rather than from the northwest section of existing private driveway (if from the northeast, the driveway would be 350*+ long). B. Required improvements: 1. 2. Per applicant ’s request we require no upgrading at this level of use and to require installation of private road at time of future subdivision. Applicant ’s covenants must state what the share in the cost of that upgrading will be for all property owners; or Require paved private road to be installed per rural standards per stafPs sketch, Exhibit M-1. Require a backout apron in the southwest comer and to minimize the removal of anv mature trees. 1. 'It i. O ^CITY OP ORONO - SUBDIVISION aItLICATION PROPERTY LOCATION Site Address None - Outilot R. wmnHTr.r. RTnm Property Identification Nunber (P.I.D.) ^~^^'^~^3-42-0010 Please check one - Property abstract or X torrens? BOIH Attach legal description to application. APPLICANT Phone (home) Name • • I BILL OOUNIRY CLUB Phone (work) 473-7333 Address: Woodhill Road City: Wayeata/ tW Zip: 55391 OWNER (if different than applicant)Phone (home) Name SAHB Phone (work) Address:City:Zip: (attach list if more than one) EXISTING LAND USE Number of Tax Parcels Development Size 14.54 2.80 Acres Dry Land Acres Wet Land cm Cf 0.W ri^nfiCE OFFICE 1350C00000 01 OEH 200.0> 17.34 ,CHECK TL SOO.OiAcres Total, all Present Use (check)_ . - - cool ROl T15-Residential; no. of units 01/22 Other (specify) Undeveloped Land Present Zoning District RR-IB PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: NONE 0N8 ONE Existing Units New Units Total Units Proposed Gross Density:ONE Units per 2 Acres Minimum Lot Size:87.120 Sq Feet Dry Buildable Land Proposed Use: (check)Residential Other (specify) Outlota (Vacant ) MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form 2. Preliminary Fiat information on Certificate of Survey. 3. Certified Froperty Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 349-3271). 4. As an addendum to this application, please attach a separate list of an%‘ other persons you wish notified of thiv application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ _ Ml M» mmm mm # • mam mm mm mm mm mm mm mmm mm mm mm mm mm mm mm mm mm mm mm mm w rnmm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mm mmrn mm mm mm mm mm ^ mm 1. Payment of fees (path fees, filing fee, sewer and water assessments). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ _ FEES S)cetch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement Preliminary Review (Class I & II Subdivision) $200.00 300.00 300.00 Preliminary Review (Class III & all non-residf»ntial) 325.00 + 25.00/Lot i1 Final Plat Review (Class III) '•^(Plus any legal or engineering charges) Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application 175.00 150.00 100.00 The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature / jj ^ Date t'^ V Ly Signature 3i: ^TV) A I / ' V V DateOwner's Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building S Zoning Office of this change prior to the meeting. 1 RUN DATE Ol/ZO/nBATCH 001PROP ADDR CRt€R NAHE TAXPAYER NAHE/ADDRPROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR r PROP ADDR ONNER NAHE TAXPAYER NAHE/ADDR r I • HENNEPIN COUNTY PROPERTY INFORMATION^ SYSTEM PROPERTY OHNERS LIST38 OT-117-25 12 000100200 HOODHIU RDIHILL COUT4TRY CLUB IHILL CNTRY CLUB 200 NOOOHILL RD NAYZATA m 5559138 02-117-23 13 000500520 HOOOHILL RD J BARTELS A R BARTELS JUERGEN I RACHEL BARTELS 320 NOOOHILL ROAD HAYZATA m 55591 SB 02-117-23 29 0006 01250 NOOOHILL AVE B H L LONG I S B PARKER BARBARA H L LONG STEPHEN B PARKER 1250 NOOOHILL AVE HAYZATA m 55591 3B 02-117-23 31 0002 01230 DICKENSON ST EONARO N HAHH EDNARO H HAHH 90B ST PETER ST ST PAUL HN 55102 3B 02-117-23 31 0039 01295 DICKENSON ST J R SIBEREIL A M SIBERELL JOHN R SIBERELL 1291 DICKENSON ST NAYZATA m 55591 SB 02-117-23 51 0092 0059B KEENE AVE NALKER HOTORS INC SEARS IHPORTED AUTOS INC 15500 HAYZATA BLVO KIIt4ET0MCA m 55593 38 02-117-23 13 000501050 EDGEMOOD MILLS RO VARTKES H EHRAFUIAN VARTKES H EHRAMJIAN luLO EDGEt^lOOD HILL RO NAYZATA HN 5559138 02-117-25 15 000600515 HOODHILL RD JOHN D A STEPHANIE PRUOOEN JOHN 0 A STEPMA^4IE PRUDDEN 515 NOOOHILL RD HAYZATA HN 55591 58 02-117-25 29 0009 01260 NOOOHILL AVE CAM HAILE CHARLES H A HARIA C HAILE 1260 NOOOHILL AVE HAYZATA MN 55591 3S uc-117-23 31 0003 00980 RUSSElL AVE JOSEPHINE B CARPENTER JOSEPHIflE B CAHPLNTER BOX 659 1980 RUSSELL AVE) HAYZATA MM 55591 SB 02-117-25 31 0090 01205 DICKENSON ST RAN ANDERSON RICK 0 A NAFCY L ANDERSON 1205 DICKENSON ST HAYZATA MN 55591 38 02-117-25 51 0097 00950 ORC^IO ORCHARD RO S EOHARO H HAHH EDHARD H HAHH 908 ST PETER ST ST PAUL HN 55102 REPORT NO. PI955901 PAGE 158 02-117-25 15 000900522 HOODHILL RO J BARTELS A R BARTELS JUERGEN A RACHEL BARTELS 520 FIOODHILL ROAD HAYZATA rt4 5539130 02-117-25 29 000600560 ORONO ORCHARD RD S S A H OSBORN STEELE B OSBORN 560 ORONO ORCHARD RO HAYZATA MN 55591 36 02-117-25 29 0010 00555 HOODHILL RD T E MCNELLIS A R J HCNEILIS THOMAS E MCNELLIS 555 HOODHIlL RD HAYZATA MN 55391 •^1 30 02-117-25 51 0027 01255 DICKENSON ST M J DETTLOFF ETAL MARION J DETTLOFF 1255 DICKENSON ST NAYZATA HN 55591 38 02-117-23 31 00«1 00559 RUSSELL AVE J P HCALPIN A M H HCALPZN JOHN P « HICHELLE H HCALPIN 559 RUSSELL AVE HAYZATA HN 55391 38 02-117-23 31 0098 01225 OICKENSUN ST 8 H YOUNG TRUSTEE H/L EST BASIL H YOUNG 1220 0ICRE^60N ST HAYZATA HN 55391 mJN DAH ouzo/n tkrtH 001 HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OHNERS LIST REPC.<T NO. PI45S<^OJ PAGE ZPROP ADDR ONNER NAME TAXPAYER NAHE/ADDR SB 0E-117-2S 41 0009 OOOSS ADDRESS UNASSIGNED HCLEOO CNTY REG RAIL AUTH DAKOTA RAIL INC 25 ADAMS ST N HUTCHINSON HN 55550 SB 02-117-25 42 0001 005SB RUSSELL AVE MICHAEL 6 GOLDSTEIN ET MITCHELL B GOLDSTEIN | REDECCA J GOLDSTEIN 558 RUSSELL AVE WAY2ATA m 5E591 58 02-117-25 42 000201055 EOGEHOOO HILLS RD 0 ELOREDGE JACKS0f4 III ET AL D E A K K JACKSON III 1055 EDGEHOOD HILL RD NAYZATA MN 55591 PROP ADDR ONNER NAME TAXPAYER NAME/AODR PROP ADDR OmER NAME TAXPAYER NAME/ADDR PROP ADDR OmER NAME TAXPAYER mm/kOM SB 02-117-25 42 0005 00450 NOODHILL RD K D LEVINE IDA RISTAD DONALD RISTAD 1 KENT LEVINE 450 NOODHILL RD ORONO m 55591 SB 02-117-25 42 0009 0005B ADDRESS UNASSIGNEO THE NATURE CONSERVANCY NATURE CONSERVANCY 1515 5TH ST S E SUITE 514 MPLS m 55414 SB 02-117-25 45 0025 011B5 EERNOALE RD H HENRY 8 KINGMAN JR ET AL HENRY I MARILYN KINGMAN JR 1185 N FERtR)ALE RD NAYZATA m 55591 58 02-117-25 42 0004 01065 EDGEHOOD HILLS ANNE L RITZ ANNE LARSEN SIMOT4SON 1065 EDGEHOOD HILLS RD NAYZATA MN 55591 58 02-117-25 42 0010 00058 ADDRESS Ur4ASSI(R4E0 NOODHILL COUNTRY CLUB NOODHILL COUNTRY CLUB 200 NOODHILL RD HAYZaTA MN 55591 58 02-117-25 45 0026 01165 FERf40ALE RD H Bradley c BOirtiAN ii BRADLEY C BOHMAN II 1165 FERNDALE RD N HAYZATA MN R1 58 D2-117-25 42 0006 00058 ADDRESS U4ASSIGNED THE NATURE CONSERVANCY NATURE CONSERVANCY 1515 5TH ST S E SUITE 514 MPLS MN 55414 58 02-117-25 45 0015 01205 SHORELINE OR DONALD P GAMBLE JR DONALD P GAMBLE JR 1205 SHORELINE DRIVE HAYZATA MN 55591 TOTAL BATCH 001 00029 r r 1 CERTirV THAT THE FACTS REPRESENTED ARE AN ACCURATE UtO TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OP THE HEttiEPIN COUNTY DEPARITSNT OF PROPERTY TAXATION, TO THE BEST OF HY PNONLEDGE AND BELIEF DATEi~Ai* MINUTES OF THE MARCH 19, 1990 PLANN 1 COMMISSION MEETING attendant 7 = 02^P.M.^^^ Co^ission .et on the above .ate with the following members yresenc; Chairman Kelley and Planning the"’^°c;itV Sta??°” BoUdin;°'’a"nTzonan/Ah.inisttrtor ^?tr'^eoo/dV;“s^hef Netties" w2s present, as were Councilmembers Peterson and Callahan. #1503 WOODHILL COUNTY CLUB 200 WOODHILL ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7;00 P.M. TO 7:25 ?.tl* . » __ The Affidavit of Publication ^nd Certificate of Mailing were duly noted. Mr. Thomas Bergquist of Sathre & Bergquist, was present on behalf of Woodhill Country Club. Zoning Administrator Mabusth provided information regarding the proposal by Woodhill Country Club for a subdivision to create one 2+ acre lot. Mabusth noted that due to the creation of this additional lot, the City is asking that the driveway now serving the existing two residential properties be upgraded to « P^^vat. road with a 24* paved width. Mabusth said that the Civ.y is also requiring a 50' road outlot with a cul-de-sac be incxuded. Ms. Josephine Carpenter, 480 Russell Avenue, was concerned about the location of the prooosed cul-de-sac. Mr. Thomac McNellis, 355 Woodhill Road, said, "The Piilsbury house was built in 1920. A road gravel road was put in and over the years it was oiled. The road does not ho.a up as well as a paved surface would." Ms Carpenter informed the Planning Commission that she has been using the existing drive since the property was built by the Crosby's. She said, "We have had access over the driveway, though there is nothing legally documenting that. We have given the Pillsburys the use of our road even though they do not have deeded access. If it is slippery in the winter time, was not this year, we allow the Pillsburys (now Pruddens) t.he use of our road. They cannot get up their road in the winter time. Mabusth asked if there has been a need to do this since Pruddens bought the property? MS. Carpenter replied, "No, they just moved in 14 years ago And W0 * t had a bad winter since that tiine. Mabusth recoll'ected that as part of the first subdivision of that parcel of land, the use of that driveway was to cease. - 1 - ly J MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONIG FILE I1503-WOODHILL COUNTRY CLUB CONTINUED Ms. Carpenter indicated that they put a fence up because they were tired of having traffic use their driveway to get to Woodhill from Orono Orchard and Fox Street. She said that she was not aware of the City's requirement to that eliminate that access. Mabusth asked Ms. Carpenter if the formal accens to her property was achieved from Dickenson Street. Ms. Carpenter indicated that is correct. Mr. McNellis asked where the Country Club is proposing to olace the access to the new lot. Mabusth answered that information pertaining to the location of the new driveway has not been submitted. Mabusth indicated that more than likely the house would be constructed to take advantage of the views from the higher elevations. If that is the case, Mabusth said the driveway would probably be located where the City Engineer is showing the cul-de-sac. Ms. Carpenter expressed concern regarding the location of the cul-de-sac. Ms. Carpenter also noted that the property line for this parcel extends over to her side of the road. She said, "It will be interesting to see how this will be resolved. Neediest to say, we would prefer not having somebody own the south side of the road because we have been maintaining it for years. >.re there any plans to move the road further south?” Mabusth stated that the City is requiring' Woodh’ . to construct the road and expand it to a 24* width. Mabustn said that the City can request that the road be placed further north because of Ms. Carpenter's concerns. Mr. McNellis asked at what width the cul-de-sac would be constructed, Mabusth replied that the cul-de-sac would be platted at a 100' diameter and City standards require 30' for the finished diameter. Mr. McNellis asked whether all trees within an 80' radius would need to be removed. Chairman Kelley replied that every attempt is made to have as little impact on the trees as possible. Mr. McNellis stated that any tree removal that occurs for the construction of the cul-de-sac will have an impact on the Carpenter property! - 2 - MINUTES OF MARCH 19, 1990 PLANNING COMMISSION MEETING ZONING FILE #1503-WOODHILL COUNTRY CLUB CONTINUED Mabusth said that there is no doubt that the cul-de-sac will impact the Carpenter property. Mr. Bergquist stated that Woodhill objects to the City's request of turning the existing driveway into a road. The existing driveway easement is currently 33' wide with 16' to 20' of pavement. Woodhill feels this should be adequate to serve the existinc and one additional property. Bergquist said, "The Country * Club bought the Pillsbury property to keep the entrance way in its present form without having some other developer in there. They would prefer to keep this under control by keeping the property in their ownership. The one new lot that they are creating is off to the west of the entrance road quite a bit and should not distract from what the Country Club is trying to create on the entrance way. We feel that widening the road as proposed by the City would take out quite a few trees for the road itself. The turn-around would take out a tre.mendous amount of trees and require substantial grading. The City Engineer, in his zeal to protect the City, wants a road created where Woodhill wants a country lane. Woodhill, at this time, has no further intentions to subdivide the remaining property." Mr. McNellis opined that the future o\/ner of the new lot will want to preserve as many existing trees as possible. McNellis felt that in order to do this, che property owner would opt to park on the street rather than construct a driveway. McNellis was concerned that due to the street width, any on street parking will create a road block. Mr. Bergquist did not expect on-street parking to occur on a frequent basis. There were no further comments from the public regarding this matter and the public hearing was closed. Kelley explained that two of the Planning Commissioners present this evening were members of the Woodhill Cotantry Club and would therefore abstain from any discussion or voting on this matter. It was moved by Kelley, seconded by Johnson, to bypass any further discussion of this matter by the Planning Commission and have the matter go directly to the City Council. Johnson asked whether it was appropriate to request a site plan or building footorint with a Class III subdivision. Hanson felt it is important to acknowledge Woodhill Country Club's concerns about the "country lane atmosphere" and the possibility of future variance requests for this property. Hanson stated that he would object to any variance requests. Motion, Ayes-3, Hanson, Nay, Motion passed. - 3 - minutes of orono council meeting held may 14, 1990 ZONING file #1502-HILBELINK CONTINUED Ma.yS“0» Motion passed. #1503 WOODHILL COUNTRY CLUB 200 WOODHILL ROAD PRELIMINARY SUBDIVISION Country Club Representative, Mr. Mr. Mark Albrecht, Vount-y Club, Mr. Richard Bob Mitchell, Attorney forsathre, Er.gineer/Surveyor, were all present. Bernhardson briefly *'*also*'Tnforraed Council of involved in this and the location of theg^-3ff»s recommendation regarding cul“de~sac. “:n:-:sr.s*i;;:rorS ss ssss.'.!““ cook replied that the cul-de-sac will serve as a turn around and terminus for the roadway. Mr. Mitchell stated that fnlilTTurl^^ that it would not be said^ that it is the desire of property was aeveiope . roadway pattern at this time, woodhill not to aJ-srupt the .fhe time Outlot A is Woodhill would be willing to do tnar developed. ^ ♦•Hat- ^h^» Citv would be willing to exploreBernhardson qated that platting a cul-de-- sal without requiring the upgrade to occur at this time. Mr. *^He'stated that the caretaker residences served by this * nccuoied and is generating house on the Prudden ^^f^^ors have met and would like the traffic. that if a cul-de-sac is road upgraded. Mr. McNeiii ? • McNellis informed necessary, it be serving his property was council that the portion “ ^cts as a functional engineered in suc.h a way . jj^„aga„ay would be destroyed trthrt:m^irary%u“d-sac IS located where staff is proposing. Mayor Grabek ^-rwUh^stl^the neighbors and Noodhili worx witu cul-de-sac should be placed. MS. carpenter asked that further consideration be given to the necessity of the cul-de-sac. —by CcjunciXtusnibc^ It was moved by Mayor May 29, 1990 Council Nettles, to table this application until Y - 8 - minutes of orono council meeting held may 14, 1990 ZONING FILE #1503-WOODHILL COUNTRY CLUB CONTINUED Meeting Motion, Ayes-5, Nays-0. Motion passoc. #1508 DONALD OLSON 4590 NORTH ARM DRIVE CONDITIONAL USE PERMIT RESOLUTION #2800 Mr. and Mrs. Olson were present. City Administrator Bernhardson cave a brief explanation of the Olson's application ^ ^ ^ ♦-Haf did not want to construct a shed ntil“he fo% "the "horses. He said that he did fence the pasture aref and does intend to construct a sned. •imasmKor roetten stated that she concurs with the nce^nrexoressld by Planning Commissioner Bellows regarding the .'c« . cmi.io. »■ i.co,i=r.t.d Resolution approving this application. Mr Olson explained that there ace many shaded areas on the property to shelter the horses in the summer. property , , Ajistr^r- seconded bv Councilniernber It was ^Resolution #2800 as amendW to include Peterson, to . j^.®®?^_helter be provided for the horses by language requiring J’j.'elter by that date, the horses must be boarded elsewhere. Motion, Ayes a, ways passed. #1509 EARL FREEMAN 4545 WATERTOWN ROAD '""''^'^efther Mr. Freeman nor a representative was present City Administrator j “ssuts 'thlt "need'’^to"^bl re^i”d?" He^'tuggetted tabling the natter to allow time for the applicant to address these concerns. Mabusth ashed for direction '^ive°1i*.^ ’ Freeman SS^i/iun^-ll. ttnrean ^u7 - "P ’ It was moved by Mayor Orabek, seconaed by Councilmember > - 9 - I WOODH RIDGE V I *•<fj » r• X. A«. *T.^9* $§ $w99k m t»f«#*l#‘/4*»r Mia II NO loyo \\ai. DOC. NO. C.R. DOC. NO.• w muni m fill 1 ••Vt f«B iMt MMM|« ItIfiM If ;; ASftwwiE (»90 $4 M.4 a»M «4lp#7t ^9*43 i4 i S4Ati mmi VACCh;^;<L«SS3 T \ • : f ^'r. -r-o \'^- 0 'o 1:1 r:^U /1 ^ CAsiycNT ' jp ro« \ >, *mf #r* ^'%^Ty4'hMJy ,*•] \ ♦ ‘ i4i M . Wi^ m?;-;' f <4«« M9if4 9B1) 9m9*m)f tmmtftHi, 9t>§4m$ ^f. <yi. Mis-t XKA T^ve -\ -----------------X'!tv\ \w* V \ ^~lx »!^»:<F.EN!^ »AVE. ^Ia'JDITCN'J 'J'J3L*IVISI0N N0307 fA«i»<A6r IkiiOutiiltf |•%tMt■*llMC t••c••l tmit' Hoif I »|| t m ••»fM.u<»i.l»f OTM(««<i4 •lOicATi p. **»o «n>ouii«io io* i<«iti *tip »0 MIt 0| •lOIM ««|0 ovuot I fNCt, U OCM i 0«tl **iO •x;hi 0» •«* IMf t At lx »■• ■^►iHf n*T » i*Tyi»tiwiamiT. iwc • * '.'iryLV *‘'0 307 SHEET 2 OF a SHEETS c? TO: FROM DATE Jeanne A. Manbusth/ Building & Zoning Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator March 13# 1990 Subject: #1503 Woodhill Country Club - Subdivision - Septic Testing I have reviewed the site of the proposed building lot and would make the following comments: 1. The testing for septic system drainfield sites provided by S-P Testing indicates the use of a trench drainfield system on 2 terrace levels at the north east corner of this steeply sloped lot. The tested sites provide the capability for as much as 950 lineal feet of drainfield# enough to provide for a primary system and nearly 2 alternate systems for a 5 bedroom home. 2. Since these sites are at the high end of the lot# one would expect some under ground drainage following the contours down the hill. With 80% of the lot having slopes greater than 18%, it would be critical to avoid^ placing the house directly downhill from the drainfield sites. Furthermore# it would be advisable to do no grade cuts within 50' downhill from any of the drainfield sites, and within 20* laterally at a level equal to the sites. Because these slopes near the drainfield are so steep# it would seem to be within the authority of the septic code to require these special conditions on site grading. 3. To that end# I have sketched on the S P Testing design# a "protected area" in which no structure and no grading or cuts should occur. Based on the preservation of this and the stipulation that no cuts occur# I would recommend approval of the building site# finding that the provisions of the septic code for a buildable site are adequately met. , s *-• 7» » ^ . ✓ ./C / ^4 •-r i' r - 12/9/86 DECLARATION 0? COVENANTS, EASEMENTS AND RESTRICTIONS THIS DECLARATION is r.ade this 15th day of December, 19S6, by Woodhill Country Club, a Minnesota corporation ("Koodhill"); John D. Prudden and Stephanie Prudden, husband and wife (the ’’Pruddens") ; and John S. Pillsbury, Jr., and Katharine C. Pillsbury, husband and wife (the "Pillsburys"). Woodhill, the Pruddens and the Pillsburys are hereinafter occasionally referred to collectively as "Declarants." • • RECITALS The Pillsburys have entered into a Contract for Deed (the "Contract for Deed") with Woodhill in which Woodhill has purchased a tract of land of approximately 34 acres located in the County cf Hennepin, State of Minnesota, legally described on Exhibit A (the "Woodhill Property"). The Contract for Deed is filed in the office of the County Recorder in and for Hennepin County, Minnesota as Document No. __ _ _ _ _ _» sltiz in the Hennepin County Registrar of Titles Office as Document No. 1714972. The Pruddens are the owners of a tract cf land of approximately 8.36 acres located in the County of Hennepin, State of Minnesota, legally described on Exhibit B (the "Prudden Property"), which is contiguous to the Woodhill Property. Declarants desire to subject the Woodhill Property and the Prudden Property to various covenants, easements, and restrictions. NOW, THE.RErORE, Declarants hereby cedaro that upon the recording hereof the Woodhill Property and the Prudden Property and any part therein shall be transferred, held, sold, convened, and occupied, subject to the following cove.nants, easements, and restrictions, which are for the purpose of protecting the vc.lue and desirability of the Wood.hill Property and the Prudden Property and all parts therein and which shall be binding permanently on all parties having any right, title, or interest in the same, their heirs, successors, and assigns; shall inure to the benefit cf each owner thereof; and shall run with the la..d. A •A ncn-e.xclusive easement is hereby created in favor of the Pruaden Property for driveway purposes (including the right of access for such repairs and maintenance as deemed reasonably necessary by tne owners of the Prudden Property) over that portion of the*Woodhill Property described cn Exnioit C, (the "Driveway Ease.ment") . The Driveway Easement shall be 33 _ feet in width and is 1imitec to use fcr tnree lots on the Prudden u*ir*-h and 'S ’'m'ted to use for rhree lots on the Prudden P-oier-v eacn'if whieh shall be used solely for single .anuly r;sid;;.tial purposes. The present use of the detached garage and --^a.^e-'ts on the Prudden Property may coni.tnue un-i^ such s--uc^u*re is either torn down or substantially remodeled at which -iie the single family residential purpose restriction will aooly. Woodhill’s use cf the road constructed on the Driveway Ek'seLnt shall be limited to serving (i) two single family ^ Residential lots on the portion of the Woodhill Property to north and west of the Prudden Property (the "Northern Residential Lots"), and (ii) the portion of the Woodhill Property to the south of the Prudden Property. 2. Woodhill may, at Woodhill's option and sole evnense relocate the Driveway Easement on the Woodhi-- Property so long'as the Driveway Easement accesses Woodhill Road to the sou*-h of the Prudden Prooertv, always connects to the driveway now-Lintained on the Prudden Property and is black topped and Otherwise constructed at least to the quality and stanoards o. -he Dortion of the drivewav being relocated. Woodhill shall ha ;o obli=a?ion to r,,a.ntain ir to pay any expenses with = the maintenance of the driveway on the such tine as Woodhill, its successors cr assigns, uses the d-^ve«v to service a building cr ot.her improvement of KoochiU o^a residence cn the Woodhill Property in whicn even. SLntlnance costs of the portion of the driveway Wooch.l. making such calculations, (i) all ^i.cden shall be considered to be one user unti- such u-m s. o-ooertv cr ar.v oortion thereof is owned by more ^han one en... i: which case ia'ch such separate ownership "^all be aeemed_to be a user, (ii) woodhill shall be ceemec ^ e intense iveway used and ‘he intf^ns’ty of usace, and (iii) when use comjnences or a buildinc oermit is issued for rhe constructior o: a = either of the Northern Residential Lots, each lo. .or whicn t^ use coirjnences or for which the building permit is issued she-- be deemed to oe a user and the expenses associated wi.h mai;i-a*n-ng that portion of the driveway on the Prudoen usage by the Nort.nern Resioential Lots as contempla-ea by Paracraph 7 below shall be shared expenses. The owners cf the Prudden Property or any portion thereof, from time to time, shall be permitted to enter upon the Woodhil?. Property to trim trees, at tne ® south cf the easterly 496.45 feet of the .T.easurf.-d from the southeast corner o- t..e X existing judicial landmark) to tne extent ...aw^sj.-h higher than 1C 3^ feet above sea level, wnic.. -ri.Tu..-ng done onlv on those portions above 1C37 feet and at tine reasonably acceptable to Woodhill. The owners exercising such shall clean up all trirruTiings and deoris and shall exercise due care in connection with such activities on the Woodhill Property. 4. Perpetual easerrients for the benefit of the Prudden Property for the maintenance or replacement of electrical, gas, and telephone lines as presently located and legally described on Exhibits D and E are hereby created which easements include the right of access for repair and maintenance. 5. No structure, temporary or permanent, shall be constructed on the Woodhill Property within fifty (50) feet of the easterly and southerly boundaries of the Prudden Property. For purposes of this paragraph, a structure shall not include a drainage field or other septic system which is either underground or slightly elevated from the ground level; provided, however, that any such system will be properly maintained and landscaped to blend into the surrounding environment. 6. No portion of any improvement constructed on the^ Woodhill Property to the south of the easterly 496.45 reet of the Prudden Property (as measured from the southeast corner of the Prudden Property to existing judicial landmiarh) shall be constructed above 1037 feet above sea level. 7. A non-exclusive easement is hereby created in favor of Woodhill, its successors and assigns, for driveway access to the Northern Residential Lots utilizing the criveway on the Driveway Easement as it exists, from, time to time, from Woodhill Road to the Prudden Property and a new driveway to be constructed by Woodhill, at its expense, in the portion cr tne westerly 75 feet of the Prudden Property as described on the attached Exhibit F hereto. Such easement permits Woodhill to construct a sincle driveway access to t.he Northern Residential Lots which access shall be limited to serving two single family residences on the Northern Residential Lots. In the event a building permit is issued for the construction of a building on either of the Northern Residential Lots, the lot for which the building perm.it is issued shall be deemed to be a user^as conte.T.piated under the provisions of Paragraphs 1 and 2 above. 8. The Pillsburys are entering into this Agreement solely for the purpose of subjecting their fee interest in the Wcodnill Property to the terms of this Agreement. 9. The provisions of t.he Contract for Deed relati.ng to the above ease.ments, rig.hts and restrictions are hereby terminated, and the provisions of this Agreement shall apply. -S 10. This Agreerr.ent s.hall be co.nstrued under and governed by the lavs of the State of Ki.nnesota. WOODHILL COUNTY CLUB By r Tp-'t a r OOKN J^PILLSBURY/ JR •t CXJ C. KATHARINE C. PILLSBURY State of Minnesota) ) ss. County of Hennepin) The foregoing instrument was ac)cncwledged before me this /O cay of December 1986 by L. V. Ackman » the Secretarv of V.’oodhill Country Club, a Minnesota corporation, on behalf or the corporation. % My Comm«tA*on Ejipirti Nof, 16,1W0 J 7 0 6 .1 M. C'.VANDBY ‘.Y PUBLIC • MINNESOT HENNEPIN COUNTY , « L-- My C«mmiM»on E*pif*» Nwr. 1®, 1 X^»^44*»44*«»r******tP****«***»»*****^ State of Minnesota) ) ss . County of Hennepin) The foregoing instrument was acknowleged before me this / > day of December, 1986 by John D. Prudden and Stepnanie Prudden, husband and wife. Gjv/7 ; THOMAS M CP'OSSY. JR ; • notahy pubuc • ^ nmisota ; . 5 HENNEPIN COUNTY •. ** I Mv i Is owe f Mo V ^tir *% I,................ state of Minnesota) ) ss. County of Hennepin) The foregoing instrument was ac)^nowleged before me this 7 of December, 1986 by John S. Pillsbury, Jr. and Katharine C. Pillsburv, husband and wife. day This instrument was drafted by: FAEGR2 & BENSON (TMC) 2300 Multifoods Tower 33 South Sixth Street Minneaoolis, MN 55402 ^ ^4 4 4 • S' ^ 4^ S ••••••. , M CRCSSY. JR t NC, • */'NN£S0<A ; ■} ril.*jr._. COUNTY •*. 2 Mr C j-'c* ►•<»» It i|ip / A. ^ ^4444444444444*44444444444444*^ % r rD£SCHI?TICX or V.’OCOHILL ?RC?E?.TY Lots 11 and 12, "Auditor's Subdivision Number 307, Hennepin County, Mirjiesota", according to the plat thereof on file and of record in whe offices of the Registrar of Titles and the County Recorder in and for said Hennepin County, except the following portions thereof: Except that part of Lot 11 in "Auditor's Subdivision Number 30., Hennepin County', Minnesota", described as follows: Beginning at the Southeast corner of Lot 8 in said Auditor’s Subdivision Number 307; thence Eas; along the extension of the South line of said Lot 8 a distance of 46.6 feet; thence North parallel with the North and South center line of Section 2, Township 11/ , Range 23 a distance of 352.61 feet to a point in the extension of the Northerly line of said Lot 8; thence Southwesterly along said extended Northerly line a distance of 49.83 feet to the Northeast corner of said Lot 8; thence South alo.ng t.he East line of said Lot 8 a distance of 310 feet to the point of beginning. Except t.hat pa:*t of Lot 12 in "Auditor's Subdivision .Numser 30. , Kenneoin Countv, Mimesota", described as rollows: Beginning at the point of intersection of the Northerly line o: Lot S in saic Auditor's Subdivision Number 307 with the Nort.n a.nc South center li.ne of Section 2, Township 117, Ra.nge 23; thence Southwesterly alo.ng the Northerly line of said Lot 8 to the angle point in the Northerly line of said Lot; said ooint being 25.5 feet east of the most '.'.est- erly corner of said Lot 8; thence Northwesterly 32.2 .eet to a point 204.74 feet Southwesterly from the point of begi.nning; thence Nort.h- easterlv :04.74 feet to the point of begi.nning. Except a '.riangular tract of land in Lot 12, "Auditor's Sucdivision Number 30.', Hennepin Cour.tv*, Minnesota", described as fellows: Beginning at a point in the divid’ng line between Lots 3 and 12 in said Auditor's Subdivision Nu.m.ber "07, which poi.nt is 41. i feet northerly from the Nort.neasterly corner of Lot 4 in said Subdivision; thence northerly along the dividing line between aforesaid Lots 3, and 12 a distance of 78.9 feet to an angle pcir.t in said dividing line; trence at a right a.ngle easterly along the div:di.ng line between said Lots 3 and 12, a distance of 57 feet to another angle point in said cividi.og line: thence southwesterly in a straight line 97.3 feet more or less, to the point of begir-ning. (c Page Tvo E.xcep: tha: part eT.braced within Tract A. R:.o*.S-i.-.:.D -.--O SurA^Y so. L'96 , .'■r-n OF RIGlStF.^. OF TITL-S, CO'JST'' OF HISS-PIS. ALSO Let 10. "Auditer's Subdivision Nur.ber 307, Hennepin County, Minneso.a , Exceed that part of said Lot 10 described as follows: Begir-ning ^ at the Southeast corner of Lot 8 in -Auditor-s Subdivision Nur.ber oO- . Henneoin Countv, Minnesota"; thence West along tne South *ine o. said lot 3 a distance of 48.*: feet to a Judicial Landmark in the North and South center line of Section 2, Township 117. Range 23; thence South _ along the North and South center line of said Section 2, a distance or 114.3 feet to the- Northwest corner of Lot 9 in said Aucitor‘s Sub-ivision Nur.ber 307; thence East along the North line of said Lot 9. a distance of 95 feet to the Northeast corner of said Lot 9; thence North parallel with the North and South center lirtfe of said Section 2. a distance o 114.3 feet to a point in the extension of the South line o. said LOw thence West along said extended South line of said Lot 8 a distance o. 46.6 feet to the point of beginning. ALSO All of Lot 13. "Auditor's Subdivision Nur.ber 307. Hennepin County. Minnesota". Except that part described as follows: Beginning at the nos*. i»ort. - westerly corner of said Lot 13 (which corner is also the Northeasterly corner of Lot 1 of said Auditor's Subdivision); i.hence :.as^ along w. e North line of said Lot 13 a distance or 25 feet: thence South 15*.^ feet; thence West 25 feet more or less to the tast lir.e^of said Lo^^i^ of said Auditor's Subdivision; thence North along said .ast line .5*./5 feet acre or less to the point of beginning, all according to the recorded plat thereof. 4 r EXHIBIT 5 Lecal Descrioticn of Prudden Property Tract A, Registered Land Survey NO. 1596, Files of Recistrar of Titles, Hennepin County. r r • * ^ M » EESC?.:?• • w . • . TssJ r\^ ** r\ • r-. ^ • A 33 foot easeiTier.': for road-ay purposes across that part of Lots ’.1 and 12, "Auditor’s Subdivision Nur.ber 307, Hennepin County, Minnesota", the center line being described as follows: Cor.tiencing at a Juditial ’^andr.ark on the southerly terr.inus of an easterly line of said Lot 11 shov.Ti as being 680.60 feet in length on said Auditor's Subdivision plat; thence on an assumed bearing of North 0 degrees 3a minutes 29 seconds West along said easterly line to a Judicial Landmark on the northerly terminus of said«r easterly line; thence South 39 degrees 4S minutes 42 seconds West, a distance of 330.88 feet; thence South 77 degrees 04 minutes 07 seconds ’.Vest, a distance of 782.49 feet; the.nce North 0 degrees 44 minutes 50 seconds East, a distance of 10.00 feet to the ooint of 4 begi.nr.ing of the center line to be described: thence South 0 decrees 44 minutes 50 seconds West, a distance of 107.feet; thence Southerly a distance of 168.66 feet along a tangential curve to the left, having a radius of 231.64 feet and a ce.ntral angle of 41 de grees 43 minutes 08 seconds to a point or comoound curve; thence Easterly, a distance of 147.32 feet along said compound curve having a radius of 105.00 feet and a central angle cf SO decrees 25 minutes 19 seconds; thence North 5S degrees 36 minutes 23 seconcs East, a distance of 138.S7 feet: thence North 65 degrees 37 minutes 38 seconds East, a distance of 72.69 feet; thence Easterly a distance cf 205.55 feet along a tangential curve to the right, having a radius cf 647.44 feet a.nd a central angle of IS degrees 11 .minutes 24 seconds to a point of compound curve; tnence Easterly, a distance of “22.36 feet along said compound cu.“ve, having a radius of 1260.00 feet and a central angle of 14 degrees 33 mi.nutes 31 seconds to a poi.nt herein after referred to as "Point A": thence Southeasterly, a distance of 104.10 feet along a cempeund curve, having a radius of 135.00 feet and a central angle cf 44 degrees 10 minutes 57 seconds to the east erly line of said Lot 11 and there te.-minating. Together with a 33 foot easement for roadway purposes across that part of said Lot 11, the center line being described as follows: Beginning at aforedescribed "Point A"; thence Northeasterly a dista.nce of 92.74 feet along a cur*.'e ccr.cave to the northwest, having a radius of 110.00 feet a central angle of 4S degrees 18 minutes 21 seconds, a chord cf 90.02 feet and a chord bearing of North 74 degrees 19 minutes 23 seconds East to the easterly line of said Lot 11 and tnere te.-minating. The side lines of the above described easements are to be prolonged or shortened to terminate at the easterly line of said Lot 11. *1 Corjnencing at a Judicial Landr.ark on the southerly terr.inus of an easterly line of said Lot 11 shown as being 680.60 feet in length on said Auditor's Subdivision plat; thence on an assur.ed bearing of North 0 degrees 34 ir.inutes 29 seconds West along said easterly line a distance of 269.96 feet to the point of beginning of the center line to be described: thence North 45 degrees 34 minutes 51 seconds West a distance of 94.83 feet; thence North 51 degrees 31 minutes 21 seconds West a distance of 60.46 feet; thence Nortn 23 degrees 26 minutes 00 seconds West a distance of 98.66 feet; thence North 35 degrees 42 minutes 23 seconds ’.Vest a distance of So.TO feet; thence North 59 degrees 10 minutes 18 seconds West a distance of 65.00 feet and there terminating. The side lines of said easement are to be prolonged or shortened to inter sect the easterly line of said Lot 11. r r C hm* ^ > » A • O'*O.'*G?V. A * — •• - mm m *.inir I... —A An easement for utility purposes across the cast 10 feet of Lot 13, 'Auditor s Subdivision Nur.ber 307. Hennepin County, Minnesota" An easenent for utility purposes across the east 10 feet of Lot 12, nuditor's Subdivision Nunber 307, Hennepin County, Minnesota" which lies northerly of the following described li7»e:_ Co.T.mencing at a Judicial Landnark on the southerly te.-tninus or an east erly line of Lot 11, "Auditor's Subdivision N'urr.ber 307, Hennepin County, Minnesota" shown as being 680.60 feet in length on said Auditor's Subdivision plat; thence on an assumed bearing of North 0 degrees 34 minutes 29 seconds V.’est alo.ng said easterly line to a Judicial La.ndmark on the northerly terminus of said easterly line: thence South 39 degrees 4S minutes 42 seconds ’••.'est, a distance of 330. SS feet: thence South 7/ degrees 04 minutes 07 seconds '.Vest,a distance of S33.£5 feet to the caster:V line of Lot 6, ".Auditor's m Subdivisic.n .Number 50“, Hennepin County, m Min.nesota"; thence North 0 degrees OS .mi.mutes 54 seconds '.•.'est along said e.nsteriy line, a distance of 115.52 feet to the northeast corner of said Lot 6; thence North 29 degrees 24 .minutes 09 seconds East, a distance of 630.47 feet to the point of beginning or the line to be described: thence Ncrth 01 .minutes 31 secends East. a distance of 347.73 feet and there terminating. w 3 ! ^ * o^Q r d agree :me:n ’t a .mending declarationThe ur.dersigr.ed, being all of the Declarants under that certain Declaration of Covenants, Easements and Restrictions dated Decemoer 15, 1986 anc recorded with the Hennepin County Registrar of Titles on Decemoer 15, 1986 as Document No. 178i/.;8, and with tne Hennepin County Recorder on Feoruary 24, 1987 as Document No. 52J1034 (the "Declaration”) hereby agree to amend the Declaration, and do amend the Declaration, by substituting Exhibit F attacheu hereto for the Exhibit F attached to the Declaration. In all other respects the Declaration shall remain in full force and effect. IN AGREEMENT, the undersigned Declarants have executed this .Aoreement as of July 27, 19B /. ;S ‘'W)D TAXeS PAID *. C* W’,0‘‘CPb' lyt L "'Joltc RECOnDS TRANSFER ENTERED 10 1367 ^£NNlpi.\; •ccZ^T'f ; --JTV ---7 j' I^r. S.^iiisbury, Jr. t' .5 ». r* ri ^ m ^ ^ ^ S 1!/ w * A STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of July, 19B7, by L. V. Ackman, rne Secretary of Woodhill Country Club, a Minnesota corporation, on behalf of the corporation. 0^ r : ' % STATE OF MINNESOTA) ) SS . DIANE M. CLARK % 4^, j»*m4 notary public • MINNESOTA » ; w HENNEPIN COUNTY • V Ur Commimon Lto»*i J»n 11 19*i . % Y ;OUNTY OF HENNEPIN) • A* • A* Tne foregoing instrument was acknowledged before me this "/ day of July, 1987, by John D. Prudden and Stephanie Prudden, hut.5and and wife. STATE OF MINNESOTA) ) ss. SHARON ANN BRAUN NOTAinr nuBuc • uinnesota HENNEPIN COUNTY Uy oommiwion m^mm 2-4M-43 COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before roe this ^ dav of «i«4v,^1987, bv John S. Pillsbury, Jr. and Katharine C. —r- . “ .Pillsbury, husbar.6 and wife. f THOMAS M. CROSBY. JR. THIS INSTRUMENT WAS DRAFTED BY: notary public - MINNESOTA I; Lindquist & Vennum (JBW) 4200 IDS Center Minneapolis, MN 554C2 HENNEPIN COUNTY CommiAAiOn NOY 16. Itt? J; j rvu’^c’^T ^ DRIVEWAY EASEMENT (PRUDDEN PROPERTY) b c^ -C ^ <\\ ' That part of Tract A, REGISTERED LAND SURVEY NO. 1596, files of the Registrar of Titles, described as follows: Beginning at the southwest corner of said Tract thence north along the west line of said Tract A, 115.52 feet to the most westerly, northwest corner of said Tract A; thence northeasterly along the northwesterly line of said Tract A, 75.UO feet; thence southeasterly at a right angle, to the intersection with a line 75.00 feet east of and parallel with the west line of said Tract A; thence ■ south along said parallel line to the 'south line of said Tract A; thence westerly along the south line of said Tract A to the point of beginning. f r IE. • • • \ Tom & Roberta McMellfS 355 Woodhill Road Orono, MN 55391 (612) 746-4556 February 4, 1993 Jeanne A. Mabusth Building & Zoning Administrator City of Orono 2780 Kelley Parkway Orono, MN 55391 RE: #1803 Woodhill Country Club Subdivision at 200 Woodhill Road Dear Jeanne: We will be unable to attend the hearing on February 16; therefore, we are sending our comments in writing. Enclosed is a map of the area illustrating what we will refer to in this letter as Part A (in yellow) and Part B (in green) of the driveway affected. The driveway leaves Woodhill Road, heads westerly (Part A), and then up a steep incline headed northerly (Part B) to serve the McNelJis and Pr jdden residences. 200 Woodhill Road would be the first driveway on Part B. This exact proposal was submitted on March 14, 1990, in application #1503. The concerns that we expressed at that time still apply today: 1. The subject property would be served by a private driveway that currently serves the Prudden & McNellis properties. During construction on the McNellis property, completed in 1990, it became apparent that the private driveway from Woodhill Road to the McNellis property was inadequate for the heavy loads construction requires. What appears to be a blacktop road is, in reality, a gravel driveway that has bee.n oiled many times over the past 64 years The driveway is adequate for automobiles and light delivery trucks, but broke up badly during the McNellis construction. We had Plehal Blacktopping, Inc. repair the damage and restore the driveway to serviceable condition in the fall of 1990. If heavy construction trucks are driven over the driveway agam, severe damage will reoccur. I have enclosed a piece of the driveway to better illustrate how the roadbed Jeanne A. Mabusth February 4, 1993 Page 2 was constructed. This piece was obtained from a section which broke up during the McNellis construction. If you were to strike the piece with a hammer, it would disintegrate. If you were to perform the same test on regular asphalt, the piece would remain intact. The sample, as you can see. is made up of multiple coats of oil and pea rock and has very little strength. The depth of the roadbed is from 1/2" to 1 1/2" thick. 2. Although the entire driveway was constructed by multiple oilings over a gravel roadbed, Parts A and B differ in condition. Part B of the driveway is on a steep incline and drains water. In addition. Part B is slanted to a concrete gutter that further drains the rain water and melting snow . Because water never sits on this section of the driveway, and because of the underlying soil conditions. Part B is in good condition. However, because of the steep incline in Part B, during the winter storms, many vehicles that are not 4-wheel-drive have become stuck. The problem area starts at the curve where the city has proposed a cul-de-sac and extends up the hill. Several times I have had abandon my car at the curve. I have been able to back my car into the driveway that connects the Carpenter property to the subject driveway. This area is currently adequate for parking one stuck vehicle, getting the vehicle ojt of the way so that the driveway can stay open to other traffic and the snowplows. 3.Part A of the driveway is too narrow for cars to pass each other without one going off the driveway. (The driveway widens at Part B to an adequate width.) In addition. Part A runs between a hill on one side and a wetland area on the other side. When this section of the driveway was constructed, drains were strategically placed under the driveway, allowing the massive water runoff from the hill to run under the driveway to the wetland area. The driveway has sunk over the years and the drains have become buried causing water to sit on this section of the driveway. The south side of tho driveway has a berm that was caused by dirt washing down the hill over the years. This berm acts as a dam to further hold the water on the driveway. When this section of the driveway is wet, the roadbed becomes soft and breaks up easily under the pressure of construction vehicles. 4. Another home increases the potential need for emergency vehicle access. For this additional reason, the width and condition of Part A of I I Jeanne A. Mabusth February 4, 1993 Page 3 the driveway needs to be considered, to ensure emergency services can be adequately provided. Chubb insurance Company insures our home. They informed me that if we were to have a structure fire at our home, 15,800 gallons of water would be needed to extinguish the tire. Wayzata is the responding fire department and can only bring 1,750 gallons on 2 pumper trucks. Since the hydrant is 3,200 feet from our home, Wayzata could not pump directly. In addition, they do not have tanker trucks to set up a relay system. Upon confirmation of a structure fire, mutual aid would be summoned. Long Lake would respond first with 2 tank trucks (2,300 and 1,850 gallons) and a 1,000 gallon pumper truck. It would take about 13 minutes for Long Lake trucks to reach our residence. Additional tank trucks would be needed from Maple Plain or Minnetonka. Easy access can be critical in such a situation. In summary, with only the Pruddens & McNellises using the driveway, the driveway is adequate for such low traffic. By adding another family, guests, more delivery trucks, etc., given the weatfier conditions that are guaranteed each Minnesota winter, anu with the potential for emergency vehicles needing access, a very real problem exists. We believe that a fair and common sense answer to this subdivision request should include the following ideas and specifications: 1. To require Woodhill Country Club to rebuild Part A of the driveway to an adequate width and to 7-ton capacity. At the curve, design should include an innovative way to park vehicles, if they become otuck, so that the driveway could stay open for other traffic or emergency vehicles. The design should leave all major trees and a vegetation barrier to the Carpenter property. Part A should be raised and drains placed under the driveway so that the water run-off can drain to the wetland area. The crains should be placed so that Lhe increased run-off that will oe caused by the increased hardcover of the proposed residence will drain. 2. At some time in the future, if the Prudden property is subdivided, the logical place for a cul-de-sac would be at the end of the road, which would place it at the top of the hill on the Prudden property. This should be specified. 3. Assuming that the driveway entrance to 200 Woodhill Road would be from Part B of the driveway, it would go over the gutter that currently Jearine A. Mabusth February 4, 1993 Page 4 handles the massive water run-off from the Prudden property. The design of the driveway entrance needs to address how the gutter would stay open. The design should consider the volume of twigs, leaves, and acorns that drop into the open gutter. The debris would easily become lodged in the opening under the driveway entrance. Therefore, the opening needs to be large enough and the owner of the driveway should agree to keep the drain open. 4. Woodhill previously agreed to place a declaration against the new lot to provide for subdued outside lighting similar to the restrictions which are presently against the McNellis lot. This language was negotiated by Bob Mitchell. Woodhill also agreed to confer internally as to what provisions they could make available to assist in fire protection. We would like Woodhill to readdress these issues. During the summer of 1990, the City Council referred this matter to the McNellises, Pruddens. and Woodhill, to see if we could come up with a solution upon which we could all agree. At that time the road was broken up from our construction. We were anxious to put the driveway back in serviceable condition before winter, and offered to contribute the cost of the damage and additionally share in the costs of upgrading the driveway. Woodhill's President, Thomas V. Markle, agreed with the McNellises ’ and Pruddens' recommendations and sent us a letter confirming the same. The hang-up occurred when Woodhill was unwilling to pay what the Pruddens and McNellises felt was their fair share. McNellis repaired the driveway and it is now perfectly adequate for the McNellises and Pruddens. If Woodhill withdraws this application there will be no need to upgrade Part A of the driveway . Therefore, we feel that if a subdivision is desired by Woodhill, the cost of upgrading the driveway should be their cost. Jeanne, admittedly it is difficult to fully describe the points listed in this letter. Roberta and I will be returning to Orono on February 22, and will be happy to meet with ar.y interested party to discuss this matter personally. Cordially yours, Thomas E. McNellis cc: John & Stephanie Prudden /. y'i ' V*- :• J7 r‘ .r ! . ' ' • /v"V V ^ . i o / V .T"r^ rt^tV\\V N^1; • ' • " • ** . lO I o — / L» ■ / IH nB3SSfei55E;®K' * iris ACi^ X-i. 1^ ll_T' -f' A‘,‘V *• •^12. ... .. <»<//i^WTJ74Vr>;r: \ 1 • V ■'.V ■7*r .'i.~ .^'F'-v.,, ./i4< 0^ ;-~-..X,.ifstiuir/:r.5T,.'v'xt„;^ ^ otounarc Ate s^9pr^,ot%ci X*’-' .-ns ^£PUn7g[^ Hakt£St7£(3). 1 \^ r, ' .-■.r.c- i^-I I ‘Mf 20 a/«9VJ ‘/o*£ '“52 20 M24*08’57 W 11 .•' V » I r* % I W.i. I V 'v / /.»> ■ r 7 ; o >A^^’ r/ * / M- - ' \ <Y„ 0 J WETLAND ( 2.S AC.» \ SN \ N \ / 'f * \ / /-c: \ A ' .^,V" z : r.i t \ ' \ LEGEND: Part A Part B / ^O- 'Av'% /*rCi A I s a o / / m Bonestroo Rosene Anderlik & Associates Oto G PE tfrtffn W pf • Jos^P^ C ■ PE Mjrvtn L Sc%J J ^'E P:^jra E PE Gfnn P Cock. PE '^K,r-3i £ ^*Cfrv PE PcCcrr G Sc' jricnt **£ Suvm M C PA •S^rof Conuj»tjni Engineers & Architects Februar)' 4, 1993 MLVwa'O A fen! P£ *Ceit^ A G:*nTon Pf P P P'-^e'-e Pf Pc^j'j W f*’£ OJv«d O Lc‘«cfa Pf Prren C Pu«fK A ’ a a Scxi*rX<^ P£ M<ffc A Hjn*cn PE T R^f'r^v' PE TeO K F.eO PE T*k‘''’^S P ATii’e^vy' A ' A DonaO C Sura.i'OL PE 7f<yra» E Ar'guv PE fvtiaf' Vanrnn/ PE P Pau P£ Agn^^ M Prng A ic P Thorrjs W Pefe-^o cf ^♦<''ae* C pe ja^^es P V.>’jryl PE D Pert/vh PE P Pf V,»r^ C .V PE KU'm. a 5mi PE Gary W Monen PE J EJ.;n»?or PE Dar>i IC Knth^.rr^r PE Ph .-oJ Ca$v%^» PE Mam D PE B Jensen P£ L P»''l* p Gr.tvfM IM PE ■aTo L PE Gary D A •/ Pf f ^OOJ fo«pr PE R Vapo Pf f/'awf' D I C^*c c C'*vi*f PE Chahei A Erifcioo Leo M Pjvve*^ky v-j^'an M C’vor .ar>e^ E t^>ge:hjfOi Ms. Jeanne A. Mabustli Building and Zoning Adininistiator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Woodhill Countrx' Club File No. 139-1803 Dear Jeanne: We have reviewed the preliminary plat for Woodhill Ridge 2nd Addition on the Woodhill Country Club property. The proposed subdivision will create one residential lot and two outlots. The area is currently split by a bituminous drive that serves three lots. Tlie City Code allows only two lots to be served by a common driveway. To develop Lot 1, Block 1, the existing driveway must be upgraded to a standard private street. The topography of the property prohibits the construction of a standard private street to serve all four lots, and it is not a feasible option. We recommend that the street be constructed from Woodhill Road westerly to terminate at a cul-de-sac near the west plat boundary at this time. The street should be a 24 foot wide roadway with 8 inches of 1009^ crushed Class 5 aggregate ba.se and 3 inches of bituminous pavement. The cul-de-sac should be 80 feet in diameter. Tire proposed alignment is shown on the attached sketch. The e.xisting driveway would connect to the cul-de- sac as shown. No further subdivision should be allowed to the north of the cul-de-sac, as only 2 lots are allowed on a common driveway. If further subdivision is planned to the north, the roadway should be constructed to meet the 30 mph standard for a private street. This alignment is shown on the attached sketch. Please contact me at this office if you have any questions. ^’ours verv' trulv, BONFSTROO. ROSliNF. ANDERI.IK & ASSOCIATES. INC. vl).JL-Ji Shawn D. Gustafson SDGh 139A.cor 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 I I ♦\\\V \0^ 1.4 \ \ \’A /:ci^ -........ \ . 3>S ‘96r' ^ ............. 'V-./ iO^ ^ C>'.' A \ [0.1 \\^<P _____ :>•'. -'>r. A.p !tk^'° V. \ ^.-.» ........«—....^.\•> / \ / 'v.i .-•■ _•■■■N 25. ,'A'/47 20 - A/89!?i'/0*£ 32.20 MZl*0d* 57 *W l;//teI \ V \\ f \ ' \^\s rr »* I r' ^Cl Vi ^■> V > I vl <C T' O C C T C I l \ V_ L- \\ / ) KV < ( / &)0K -------------------- -. / o 'J. / i kO / t / / / /\ t I A'^d /.W /• • ;• -.\ .• ;•- A \ N • ' •>:; WETLAND ( 2.8 AC.) I \ \ 4 ! ':.■ $Lr •-:•».< t'/ ^ '■ \ / / ♦ :. . ' C ■ ' '■X ' li * , ' S! \ \ \ ■. • ;■, •. U’--'’.? 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"' .V ik^‘° •v. \X • ^ ^ >* \\V/4/.20 - NBfsyio’E m -m Jfl.zo NZroB‘5TW I i *: rn / 0 7 /■;:-■;• .:x74 • *■- •■■fvi r -r.il-lv.; ■7^||i;i^ o c 1/ y* 1 ' S-,Ct o / / :f-t7ii'i\ 'wetlANDV«:&||;. \ \ o /T\ r \ ^\ \\ \ \>\ 2.8 AC.) - ■: •; - y'-V ■■'•' I-<v?A(%. *^:y■ V:;/•\ : ' ■• • . ;•■ •^ ■■•• -. ,■■• • ;.: ■ f ■:.■ . •• •v'.v.J. • ..V > v'< : x- '.: vX ’t v ^ •si V .> ' > :•&.■ I’t;■!:viiL-:;.• ii: ' ''iO'^ ;'A ; +I’iZZ-: U \ \1 r¥'w~y / / / V v.\\ r;3 f> 1 o ^ I . t- I vi ..■) V, ^ I vl \ __________' <C 'T' O C *7 T w I t \ l- L- 4 l\\ \s 'V- lAit' 'V-'-T '•■*' \ \ f/>'. .7^ . 7 ^ Nj .'“A .s"' n § 11.33 D, Intersections shall be designed with a flat stopping area of at least thirty (30) feet in a residential area and sixty (60) feet in a commercial or industrial area. The stopping area shall be designed to provide a maximum grade of two (2) percent. E. Where any street intersection will involve earth hanks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground and/or vegetation (including urees) in connection with the grading of the right-of-way to the extent deemed necessary by the City to provide an adequate sight distance. • F. The crown of all streets, including intersections, shall be three percent (3%) or less. Subd. 4. Typical Section. The typical section indicated herein is as determined^ for a^Clay Sab|rade^^(A-6^ Soil Classr^.ca- tion) and may be subject to change, to be determined by the City. Private Street — Residential Units 3-6 R.O.W.* 50' M.P.W.** 24' Section Class 5 100% crushed 2341 Bituminous Surface 8 Over 7 50'28'8" Class 5 100% crushed 3" 2341 Bituminous Surface Public Street - Residential Units 3-10 R.O.W.* 50' M.P.W.** 28' Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface Over 10 50'32'8" Class 5 100% crushed 3" 2341 Bituminous Surface Maximum cul-de-sac length - 1,000' Maximum number of units on cul-de-sac - 10 Public Street - Commercial or Industrial Units 1+ R.O.W.* 70' M.P.W.** 32'8 Section !• C X s s s 4’ " Class 5 100% crushed " 2341 Bituminous surface 8 * Right-of-way Width ** Minimum Paved width ORONO CC 462 (4-1-84) D TP|a,[^<;PORTATIQM JUNE, 1980 i narkwav is a desiqnation and classification used SCENIC PARia^^ r" nolis and Saint Paul and applied by Orono to those by the Citii7“of and environnientally significant roads which traverse e ^ parkway is typically a narrow, curvy, slow areas of the City. The g to recreational areas and special vistas speed road which provi volume through traffic and commercial traffic of scenic attractions. | parkways because these users do not benefit Is not J^eoause the physical nature of the roadway is not from the attraction ^ t-T-a-Ffic movement. Because of environmental conducive to ::b:rit into higher capacity sensitivity, scenic P“^“*^’/^ichouC adversely affecting the natural collectors or minor road and/or the property rights of setting, the scenic q j rhe natural topography of the area, p^vrdrsome of the traffic and local access tunctioL of both local and collector stree . JURISDICTION: COUNTY OR CITY right-of-way WIDTH: 50-66 FEET Sfeets that function to provide T.nrAL STREETS. Local streets J streecs carry traffic within direct access to abutting ®between neighborhoods. Inter- ”:i?Jonf:ith ::i^J:ctfr^strirtrar:^:ontrolled by stopping the local street traffic. JURISDICTION: CITY RIGHT-OF-WAY WIDTH: 50-60 FEET „.,,.kic dead-end: length WILL BE LIMITED BY PUBLIC SAFETY CONSIDERATION PRIVATE ROAD A private road is a °^"®ed^development^ that road. locatTd in the rural area or require that private functions as a local access street J^® tandards! The City will roads be constructed and eq^ess and access to all properties, acquire an easement for pu owners to limit normal use of the but the City will allow the prop y . invitees. Private roads road to the tntenSed for joint and several ownershipwill be located on platted outlots intenaea lor j by all the benefitted property owners. aURISDICTION. HOMbOWNERS ASSOCIATIOS WITH UNDERLTIHG EAEE.MENT TO CITT maximum service, approximately ten residential richt-op-way width, ,0-so peet dead-end. length hill be limited by public safety L.. PS • , i ■ ■ ■ i i ■ ■ I ■ transportation JUNE, 1980 PRIVATE DRIVEWAY A driveway is a privately owned and privately mainta: vehicle path between the street and private property. Private driveways shall be subject to access permits according to the classification of t> abutting street. Private driveways will not be subject to any public easement or access right, but do require recorded private easements wher driveways cross an intervening private lot between the residence served and the stxoet. JURISDICTION PROPERTY OWNER MAXIMUM SERVICE: 1 RESIDENCE TYPICAL; JOINT DRIVEWAYS ALLOWED WITH MAXIMUM THREE RESIDENTS PER DRIVEWAY IN RURAL AREA MORE USERS REQUIRE PRIVATE ROAD STANDARDS DRIVEWAY WIDTH:WILL BE REGULATED WHERE MORE THAN ONE USER IS INVOL OR FOR PUBLIC SAFETY PURPOSES WHERE THFRE IS EXCESS LENGTH BETWEEN THE RESIDENCE AND THE PUBLIC ROAD EXISTING ROADWAY MAINTENANCE JURISDICTIONS ARE REASONABLE AS THEY RELATE TO THE CLASSIFICATION PLAN. The State of Minnesota has appropriate jurisdiction over the only Intermediate Arterial in the City. The Hennepin County Department of Transportation has jurisdiction over the only Minor Arterial designated in the Plan. It is anticipated that Hennepin County will assume jurisdiction in the future over the City- built ring route link between County Road 19 and County Road 6. Hennepin County has jurisdiction over most of the designated Scenic Parkways which is appropriate in that these roads serve as access to Lake Minnetonka and to County maintained landings for many County residents who do not resid-j in Orono. The City has jurisdiction over those Scenic Parkways that are away from the immediate lakeshore, including the access road co the Orono Golf Course. The City has appropriate jurisdiction of most of the Collector and all of the local streets which serve all Orono residents. Certain key street segments have been designated for Municipal State Aid construction assistance, including: OLD CRYSTAL BAY ROAD from County Road 6 to Fox street. County Road 8A WILLOW DRIVE from County Road 6 to State Highway 12 and from the Long Lake border to Pox Street FOX STREET from Willow Drive to County Road 146 McCulley Road (Ring Route link) between County Road 6 and County Road 19 Finally, individual property owners have appropriate private jurisdiction over those Private Roads serving only their individual properties. C.MP 7-17 i ■H I i' ; t... ^ v.i.« ■*%'*•:• :•?•.•: vf•• -h 4 4* • ■ * - \ '^r ^T" *»• ^ ^ ^ * •» * * I*' ^ T-' ^ ^ • • • •• MRS. THOMAS K. CARPENTER tOOO BUILDING. SUITE #1020 15500 WAYZATA BOULEVARD WAY2ATA. MINNESOTA 55391 -.2 FEB 2 2 19S3 February 17, 1993 TO:Mr. Robert G. Mitchell, Jr., Representing Woodhill Country Club 1745 Willow Drive Long Lake, MN 55356 And Ms. Jeanne A. Mabusth Building & Zoning Administrator Orono Planning Commission 2780 Kelley Parkway Orono, MN 55356 FROM:Mrs. Josephine B. Carpenter (Mrs. Thomas K.) SUBJECT; Upgrading road to access proposed building site at 200 Woodhill Road, Orono As agreed upon by all concerned February 15, 1993,the road will be upgraded in its existing location to either rural or urban status. This will be done without infringing further south beyond current road's southern boarder. This also means that if it is a rural road with pavement 24 ft. wide, the right of way, 3 ft. each side required by law, will not be 3 feet south of existing southern border of road which would effectively eliminate our home's shield from the road and devalue our property. Therefore, all road building and right-of-ways will be to the north and made from the existing southern road border. Also, as agreed upon February 15, 1993, all road planning and approval will be agreed to and signed off on by Mrs. Josephine B. Carpenter in consultation with Woodhill Country Club and its representative Bergqulat & Sather. No construction will commence until I have been informed and have had the opportunity to inspect the precise survey lines as placed by the Surveyor. • : ..v^.' *rr .cVr» * * ^: V >•• 4 •t - • ■ * » • • *’ 2 • I ^ . ' •• • ' . ■• *v ' /'r.’ ^ *04 ‘ >. ^ .* ^ ti.' r* • . 5 ..^, ^ . VI * *, , :* ■ - ■ • • I ■it*; .■%.<;>'>-c*i• J '•.V**I *;^n. f• / •.•• '*..•).”.“ f :i • f. ; .. • rW . • - . I • ..r - •! : r. • ^ m K •loiIN 1). I’wrnDKN «•••«# A ^ ;iir. wonDim.l uo.\n Wayzata , Misni;sota *%.■.:j;»i TEff i' y '1993 mu »7:»;»M".!> February 10, 1993 Da CT'CP CACND UllIlECiQ^ Jeanne A. Mabusth Building 5. Zoning Administrator City of Orono 2780 Kelley Parkway Orono, MN 55391 RE: #1803 Subdivision at 200 Woodhill Road by Woodhill Country Club Dear Jeanne: I am unable to attend the Planning Commission hearing on February 16th but wish to make comments in writing. Mr. McNellis sent me a copy of his letter to you. His letter accurately describes the condition of what is considered a private driveway to service the existing homes and proposed homesite. The driveway is inadequate for the present traffic. In support of that statement, I enclose pictures of the driveway after Tonstruction of the McNellis house. You should also know that the driveway presently serves more than two homes. My property has a large caretakers home, which equals a third user. The home of Tom Carpenter abuts the driveway and has a paved access to it, which equals a forth potential user. The proposed homesite would be a fourth active user and potentially a fifth if you consider the Carpenter's access. Woodhill's application should not be approved unless there is a commitment made by Woodhill to comply with e.xisting Orono regulations for driveway requirements under the usage load we know now. Sincerely i 'f To:Mayor Callahan and Orono Councilmcnibers Ron Moorse, City Administrator From:Michael P. Gaffron, Assistant Planning & Zoning Administrator Date:March 2, 1993 Subject:1993 Joint Use Dock Licenses: Sandy Beach Place Minnetonka Power Squ^'*"or Victoria Estates Walters Port Foxhill Big Island. Inc. List of Exhibits (for each application) A - Proposed License Resolution B - 1993 Application Discussion The above noted joint dock ur^^r. have applied l^r a 1993 license. In each case, unless noted below, all facets of each operation are essentially identical to past years. Following is a brief synopsis of each operation: A.Sanay Beach Place. 3995 North Shore Drive. Operated by H. Richard Zuckman. this seven-slip Joint dock serves the rental cabins on the propeny. The fust year licensed was 1983, the same year that the City adopted Resolution #1572 granting a conditional use permit and variance for continuing the legal non- conforming year-round rental of the existing seven cabins on the property. In 1991. oih she seven cabins was removed (it was leaning precariously), leaving six eiital units. Given the basis for allowing seven slips in 1983, it would secvn appropriate that the 1993 and future licenses be limited to six slips, one for each remaining rental unit. The proposed license resolution incorporates the six-slip limit. Staff advised LMCD of this pending reduction within the 45-day timeframe for their 1993 license review. Mr. Zuckman has been informed of the reduction and expressed that he has no objection. A S2.00 slip fee credit toward the 1994 license would be appropriate. B Minnetonka Power Squadron - Big Island. The Power Squadron maintains 45 •rarsient slips at 10 docks for their picnic grounds at Big Island. The City has been licensing »his joint use since 1969 We have received no complaints regarding the Power Squadron. 1993 Joint Use Dock License March 2, 1993 Page 2 C.Victoria Estates Homeowners Association - 540 North Arm Drive. This six-slip dock serves the six lots in the Victoria Estates subdivision, dating to 1978. The dock is located within a channel heading northward from the main body ot Ni>rth Arm. Staff has received no complaints regarding this joint use. D.Walters Port Maintenance and Improvement Association - 2699/2701 Kelly Avenue. This joint use dotk provides slips in Walters Port Lagoon for four lots within the original Walters Port subdivision. While use of the lagoon for docking apparently dates back to the early 1960 ’s, the first joint use dock license was issued in 1984. The five joint use slips arc located at the north end of the lagoon, and variances for setbacks from p-operty lines have historically been reaffirmed in each year’s license.We have received no complaints regarding this joint use dock. E.Foxhill Homeowners Association - 1801 Snorehne Drive. This joint use dock has been licensed by the City since the 1960 ’s, providing up to 16 slips (one boat per residence) for the lots in the Fo.xhill subdivision. The number ot actual slips constructed in a given year has varied from as few as eight to as many as 13 in recent years. For 1993, eight slips are proposed to be constructed. Staff has received no complaints regarding this joint use dock. F.Big Island, Inc. - 520/530 Big Island. This set of two joint use docks provides a total of up to 15 transient slips for members of the Big Island, Inc. recreation group. The initial joint use dock license was issued in 1992. The current dock system provides 14 slips. Staff has received no complaints regarding this joint use dock. Staff Recommendation Staff recommends approval of the six joint use dock licenses noted above per the attached resolutions. Proposed Motion: Moved by_____, seconded by , to approve the issuance of 1993 Annual Joint Use Dock Licenses for Sandy Beach Place, Minnetonka Power Squadron, Victona Estates Homeowne-s AssiKiation, Walters Port Maintenance and Improvement .Association, Foxhill Homeowners Association, and Big Island, Inc. per the attached resolution. Vote- Aves,____Nays. Isv • • •t RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1993 TO DECEMBER 31, 1993 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 St'^tute 412, et. secj. and State Statute 462, et. seq., to protect the health, safety, and ger al welfare of the citizens of the City and other members of the public within the City; anu 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 10 all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the Citv 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 inte’'%'’ence with the public waters adjoming their propeny. The LMCD, DNR and City of Orom tnust fulfill Lheir trusteeship over the public waters by protecting against interference by anyone, including those who asser 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 light that any riparian owner may have over the public generally is to construct one dock to the navigable depth ot the public waters. There can be no dispute but ihat 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 enjoymcni which is shared by riparian owners and the public generally includes the recreational benefits ot 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 app.ication 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 8th day of March, 1993. Edward J. Callahan, Jr., Mayor ATTEST: Dorothv M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of March, 1993 by Edward J. Callahan, Jr. & Dorothy M. Hallin. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. Notar>' Ihiblic Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. rONOTTIONS OF TSSIIANCR FOR ANNUAL JOINT USE DOCK_LIChNSE I. LICENSEE: Sandy Beach Place Dock Address: 3995 North Shore Drive Agent: H. Richard Zuckman Address: 1819 Dupont Avenue South, Minneapolis. MN 55403 License Period - January 1, 1993 to December 31, 1993 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B . and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan- Bav West Arm Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY See Item lV-4. J Exhibit A Resolution No. Pace 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation ot this license subject to revocation and/or prosecution tor violation ot Section 5.*42 Subdivision 2 of the Orono Municipal Code. HI. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/oi prosecution by the City. 1. The SLX approved slips arc for the exclusive use of the residents/renters of Sandy Beach Shores. 2. City may require written approval from abutting and affected property owners for each annual license review. 3. During the current license period, the City reserves the right to require a reduction in the number of license slips commensurate with any reductions of habitable dwelling units which may occur during the license year. 4. Because one cabin was demolished in 1991, leaving si.x rental units, the number of slips licensed for 1993 is commensurately reduced. 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 III the public interest. CITY OF C RONO P.O. BOX Ii6 CRYSTAL I’.AY, MN 55323 473-7357 rr.r,r‘•’U' t ' li . ^ L. fEB 2 ^ LICENSE YEAR 19 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff Date Application Returned to City February' 1. 1993 r rry r.r no,runI I i.'fcTiiAAirT r-rrrrrI j.nnnL.C ui * .auu X KfX wP«J*V'ww ni rCk!vi Ui.ltrLcrv Ti t. I li.WM I U 7i 'V.U'T • VV Fee Received S By Employee KtLtlt'l YW ^266050 cool ROi TIU .-iv/--"vc.f Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawftil for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) witliout first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPUCATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION Association title or name (if any) Lake mrnne.Wka.________ Bay Ijtsi- ftvno 1 Person responsible for this application: Name Zuckman Phone eo. MaUing Address \6V’^ OsayaQ-V ftvervoe g>ouHl__________________ Relationship to association C.Y*___________________________________ Association is (che^k applicable items): ____ unincorporated homeowner’s group. incorporated Homeuwner’s Association, unincorporated club or recreation group. ____ incorporated club or recreation group. Page 1 of 5 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): _ provide boat mooring and lake access for residtntial propertv’. ____ provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Dock is located on (check applicable item): ji mft member^g private property. easement or outlot owned in common. ____ property leased by the group/association. property owned by the group/associ ,:ion. List Dock location and ownership information: Street address S>\N6re Drtvie_________________^_________ €»vV.6■t2/5ec^JTftwi^sK\pu7/ Rvr>3e 23- I^gal property description p I D # 000<^__________________________—------------------— Listed property owner(s) U,^\ch4ri. Xue.k»v\u\------------------------------- Names of abutting lakeshorc properry owners: rtv;nr.h/Wns.t Robee^- ___Meog PJorVK Dr.v« fSouth/East) (Name + Address) PxviA 6>ss (Name + Address) Names of other affected property owners: tName + Address) (attach sheet if necessary) Insurance Coverage - The jointly used lock is insured by one of the following: property' owner’s homeowner s policy. ^ separate group/association owned policy. List the following information: Name of insured Name of insurance carrier ------------— Name of insurance agency —-----------------------— Policy No. _ Effective date of coverage ------ ..\mount of coverage: Public liability, per person, per occurrence Public liability, per occurrence $ Z, CO^ 00^ Pace 2 of 5 10.Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ^ security lighting ____ property owner’s presence ____ contract security service ____ other (specify)________________________ DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: ft. Length of main dock from shore: Dock setbacks from side property lines at shore: 50 ft. and 30 Dock Construction (check applicable items): ft. ft. 12. jC_ seasonal dock (relocated or replaced each year) ___ pennanent piling with seasonal deck ____ permanent piling and decking % wooden decking ____ metal decking 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock___ I 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips O Transient (day use) off-shore buoys __0_ Permanent moorage slips____T____ Pennanent moorage off-shore buoys _Q_ Dry storage (rack) slips O____ Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the Joint use dock. Parking, if provided must not be separated from ae dock by any public road. spaces. KROSION AND SEDIMENTATlUN CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap wood sc' vail___metal seawall ''oncretc seawall grass and vegetation only X other (specify)__SSnj 1 / .Depth of water at shoreline: 0"^ ft: at 50 ft. out: L—; at 100 ft. out. . . Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. C. D. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this propeny, 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. nNINCORPQRATFD GROUPS OR ASSOCIATIONS A list of the names and mailing addresses of al> members and/or slip users.1. A certified copy of the by-laws or agreement for joint use. i*^'otc: This copy is not required if the applicant initials ana certifies the following statement; ' rhis 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.* \pplicant’s initials INCORPOR ATF-D CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers ^.A statement as to the total number of members in the club or association, members 3.A cenified copy of the articles of incorporation and by-laws of the corporation. Note: These copies arc not required if the applicant initials .’nd cenifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________tsute year) and on file with die City." Applicant’s initials ANNUAL UCHNSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule .INITIAL APPUCATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy T slips @ 2.(X) each $ S 2000 TOTAL DUE THIS APPLICATION $ $ IH.OO Page 4 of 5 M LATE FEE • Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and. in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AiND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE IICENSE 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 A^^plication, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date Page 5 of 5 _J kio> RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1993 TO DECEMBER 31, 1993 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 St'»te 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 tne ^ity; 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 ot which have adopted rules to ensure to all equal enjoyment of the public rights and e-ua1 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 VMIEREAS, 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 interterence 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 commonlav rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as» to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has e.xclusive privileges tiver 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 I^ke Minnetonka for all suitable purposes in common with all other riparian owners. This right b 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 genet ally includes the recreational ^nefits 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 8lh day of March, 1993. Edward J. Callahan, Jr., Mayor ATTEST: Dorotfiv M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknow ledged before me on this 8ih day of March, 1993 by lidward J. Callahan, Jr. & Dorochy 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 mm sura esiRii Exhibit A Resolution No. Page 2 Exceeding this ma.ximum 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 concitions. 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 ot 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. • • *' • • t • • N- • • • iiOM 1 I ^ • • .• !. ' V V \ \ I . • • / * 5-' 1294 J, V . Pn S I • N V CO- : ,>... -^1 •• • e/\V:. ■>: /; >T 0 1 'jd " ■ Siuns>\f^: Drs'uiM*' • . DittU •. t • • ALVER COUNTif HEMNEfil (liuticttic rimi#4f* UUti Oi M**f lH: I C IE 't S( lA it -J\ Va| t•c • IHTEnP.RETATIVE‘.DRAWIIIC OF DIG ISLAND FACILITY I f/-3 flU^ ' • • • • • • • . •Scale I" - 200' IMtS PAI> . 'f'fuAMsrn tNICRfl1969GEORGE D. HICKEY. AUDIIun • I •» * .»'t-sMi.sr-4;HCNNUMN COUNEY, MINN.••Mrs PAYAUCE IN «o^ ^ ON WITIMN OESCnioeo PnOPCHTY ARP PAID^STERED LAIlb yUlWEY MU. ^ ^ ^lENNEi ’LN COUKl ’Y, KIRKESUrA f) t: B. f-L .01’;? 01 dh: or coy C iff ,‘-ij li < •..I -. ~n ni?3H' mf CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YE/VR 19 ^ ^ PEB B 5 ^ trio 6>f6 A^:NTIAr. JO^ nOCK LICENSE APPLICATION Pursuant to Orcno Municipal Code Section 5.42 Date Form Scat by City Staff February 1. 1993 Date Application Returned to City r rrv rC nDniiu L 1 r^*T C'MUifU C T^Mi.rr rccTfC t Ul I M trU Fee Received S By Employee r i rcM VA Uk.lt •7^1 nr fcpU* vv vi) n/ w U • V V V J. Uk.i Section 5.42. Subdivision 2. j lCHNSE REQtJ]!R£D - It is unlawful for ^ ..... • firtn rtf npr«;nns O' families more than two in number, whether incorporated you fn"r pS^ joint ““ *'*°'*' ^01 Jl: a license therefor from the City. m UACC rrtMPI FTE 4LL ITEMS AND SUBMIT SIGNED APPLICATION, REQUMD A^ACHMENTS, and license application fee to the city CLER1-. BY NDLRC 1 OF THE LICENSE YEAR. ISSOCTATiniM INFORMAnON O C Association title or name ~:^.Pt/4tj;ioV, Lake Bay ---------------- 1. 2. 3. 4. Person responsible for this application: It Uo^t^o<c. _ Phone(!*^>/4-4-d^-7gfg--------------- MaUing .Address 2l _AVg. V Relationship to association Uij a ^----- Association i** (check applicable items). unincorporated homeowner s ^roup. ____ incorporated Homeowner’s Association. ____ unincorporated club or recreation group. X* incorporated club or recreation group. Page 1 of 5 (74:^ ,jf, Ti> ^ 4tV5^«3iJX" 5. 7. 9. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property, provide swimming access, beach, or offshore dock. 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 comnion. property leased by the group/association. property owned by the group/association. List Dock location and ownership information: Street address ^OUwwl dUUltJJ f ^ ^ . Legal property description Zav.i) —Z/iAcT----- P 1 D # - //7 - ^---------------------r i u ^ ^ ^ v-^-------—-------------------------------- . Listed property owner(s) To^_ /<A —— Names of abutting lakeshore property' owners: ';i>o >0«_r — (South/East) (Name + Address) (Name + Address) Names of other affected property owners: - (Name + Address) Attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following; property owner’s homeowner’s policy. separate group/association owned policy. List the following information: ^ Name of insured______------------------------------------------ -Name oi insurcu______——----------------------------- Name of insurance carrier *- *>■ £----- Name of insurance agency f '''T' '/» • ---- Policy No. ^-/LZ r^r Hffeclive date of coverage _ 7^/1 ^roiicy i^u. 9 ^ ^ ^------------- Amount of coverage: Public liability, per person, per occurrence Ihiblic liabUity. per occurrence -------- Page 2 of 5 10. Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____ security lighting X property owner’s presence ____contract security service _____ other (specify)________________________ DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: ^S’o ft. Length of main dock from shore: Dock setbacks from side property lines at shore: ^ ft. and Dock Construction (check applicable items):1 14. 15. 94. ft. ft. X seasonal dock (relocated or replaced each year) permanent piling with seasonal d-ck____permanent piling and decking metal deckingX. wooden decking ' ist Dock Accessories: Number of fire extinguishers available at the dock ^ Boat__ Number of life preservers available at the dock / 't List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys — Permanent moorage slips ^ Permanent moorage off-shore buoys Dry storage (rack) slips Maximum number of boats at the dock _¥£_ List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. " O — spaces. KROSION AND .SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): X stone rip rap ___ wood seawall ___ metal seawall concrete seawall grass and vegetation only other (specify') 17.Depth of water at shoreline: 3 ft; at 50 ft. out: 4 : at 100 ft. out. —^ Page 3 of 5 HEQLiRED ATTACHMENTS The following must accompany this application: A. nOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing die 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 . ddresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials aid ccnifics the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in _______(state year) and on file with the City.* Applicant’s initials C. INCORPORATED CLUBS OR ASSOCIATIONS y i. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. 747 members 3.A cenified 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' enewal application and our Joint use dock is to be operated under the same anicles of incorporation and/or by-laws as originally made or last amended in _______ (state year) and on file with the City.* Applicant’s initials ANNUAL LICENSE FEE - ALL APPUCATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE. per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy _____slips @2.00 each $ $20(30 TOTAL DUE THIS APPLICATION $ $ Page 4 of 5 a. LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. iOlS City shall not accent renewal license annlications received after March 1 unless the applicatjp.n 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 r-^'V or unusual applications, also by the Planning Commission and Marina Committee. The Coc/'cil will pass upon the application after complete review. APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date Page 5 of 5 TTTm •> \ I . IK mI r ■Vf ' III%i \ )'& Minnetonka |fSwER Squadron A UNIT OF THE If UNITED STATES POWER SQUADRONS SAIL and POWER BOATING MINNETONKA POWER SQUADRON Officers elected January 9, 1993 Cofnrnarider : I' Executive Officer: Julia Rossini 11140 Uoton Ave. So. Ploomington, MN 55431 Robert Stierna 1930 Shoreline Drive Wayzata, MN 55391 Educat iovtal Officer:David L. Fleming 6324 Brookview Ave. Edina, MN 55424 S. Administrative Officer: Willard C. Peterson 85 Woodland Circle Edina, MN 55424 Secretary:Linda Go11 Treasurer: RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1993 TO DECEMBER 31, 1993 WHEREAS, the City of Orono, hi reinafter "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 Stanite 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 ot 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 Jispute but that the public generally and each riparian owmer to Lake Minnetonka has the right to use the entire surface a>ea of Lake Minnetonka for all suitable purposes in common witli all other riparian owners. iTiis right is a right not only to members of the public but the right to each riparian owner. This murual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and tishing therein; the riparian owner has no exclusive privileges to these rights: and Page I of 2 WHEREAS, Uike 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 concem.s and the following special conditions as they relate to an application for an annual Joint U.se 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 no*cd on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 8th day of March, 1993. 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 8th day of March, 1993 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrurrent 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: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Susan Wanner Address: 460 North Arm Drive. Mound, MN 55364 Licensee is:unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other ____________ License Period - Januar}' 1, 1993 to December 31, 1993 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B , and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock onshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Nonh Arm 1 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number ot permitted slips, lifts or buojs is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. 1.Six slips are approved for Victoria Estates Homeowners Association for 1993 subject to the stipulations set forth in Resolution ^962 dated December 18, 1978. All boats permanently moored at this Joint Use Dock must be registered to the applicant property owners. Nothing in this license shall confer upon any person for the benelit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. i 4' CATWALK OVEr.. WETLANDS TO SHORE. 4 ’ BOAT DOCK x 1B0.‘ LONG. m •. Outlot B N.'S \ \ \y,i » APR 13 1979 • .A’ A JO ^ -O -ft 0 0^ ^ - o ^ I % "L * ' I ^ I '>J U\ «. v» ^ Si Ai^rlmpfloSJ’ xi . *^ ‘ & ® \n-n %T» “ X) 0 0 L.*^.C.D. -L I Vt Z ^ 'Ia > r V3 i i> 5 5 S'" Plat of VicloViaV EsSte, ^ ^ j. ^ lA ^ M UiAr ul d •I ? i/t * ^ B 0r O L 0 X X A DO r*t -o i. CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 ’.,1u . jLiL- ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 ££1, 2.4 19S3 • • • ^ Date Form Sent by City Staff February 1. 1993 Date Application Returned to City Fee Received $ _______________ Cljy OF im^:oooQO _ Q1 C-EH Ji'-t'v C}€CK n 32.00 By Employee gjm m tioim \jLt L ^ Section 5.42, Subdivision 2. LICENSE REOUIFvED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. a .ssociatiqn information 1. 2. 3. Association title or name (if any) Lak'’ A 16( ^IriiUn <1/^1 & Bay f\Jnr4^ /y'i Person responsible for this application; Name ^ Phone , (j ^—0^ i .1. Mailing Address I't/ 0(/Ti Oc Rdationship to association r rf’.'s ■ /y?AI/l J__t^/V ?!?- V-3 /S 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. 8. 9. Principal purpose of joint use dock is (check applicable items): V provide boat mooring and lake access for residential properry. ____ provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member’s private property. easement or outlot owned in common, property leased by the group/association. ____ propeny owned by the group/association. List Dock location and ownership information: Street address S3^C} Legal property description __ PID# __________ i (' Listed propert}’ owner(s) ______ O \J', I k)f,4 A,/A — Names of abutting lakeshore propeny owners: , ^ ^ /vi J tNonh/Westi To —W fV/O—iQf • f \J (Name + Address) tl a r /v J tSouth/Fast) --------1(/> (Name -i- Address) A ^ ^ Names of oUser affeaed propeny owners: // ^ 0 MefAcW /\J ^/. (Narhe 4- Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following; propeny owner’s homeowner’s policy, separate group.'association owned policy. List the following information: Name of insured I At ( id Name of insurance carrier Name of insurance agency risj<7C. ,//«<( fTi.ni.fh Tyj.wJ/a^HmP,'li,-vNn Effective date of coverage $' ' / S Amount of coverage: Public liability, per person, per occurrence S ,Sl36j./j^£- Public liability, pet occurrence S__.5 Page 2 of 5 10.Security and policing of the jointly used dock and property is provided by (check applicable items): fencing ____ security lighting ^ property owner’s presence contract security service other (specify) nnCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: Length of main dock from shore: _ ft. /n 12. Dock setbacks from side property lines at shore. ^(T7) ^ ft- ^ ft- 7^// 0 X, Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) permanent piling with seasonal deck permanent piling and decking wooden decking ____ metal decking 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preserv ers available at the dock •0 c 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips ______ Transient (day use) off-shore buoys -------- Permanent moorage slips Cl Permanent moorage off-shore buoys ------ Dry storage (rack) slips___________Mxximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. N spaces. FROSION AND SED1MENTA1 ION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap _____ wood seawall ___ metal seawall concrete seawall ^ gra.ss and vegetation only-------------v-r ... -----------------------^ Depth of water at shoreline: ft; at 50 ft. out: Iftft ft- _slj other (specify) 17. Page 3 of 5 required attachments The following must accompany this application: A. B. C. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property linel and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the b: •' o or agreement for joint use. Note: This copy is not reauireo nc 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 fUc with the City." Applicant’s initials INCORPORATED CidJBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers A statement as to the total number of members in the club or association, members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies arc 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 up^r same articles of incorporation and/or by-laws as originally made or last amended in----Vl.._ ’state year) and on file with the City." ^ (xj Applicant’s initials ANNUAL I TCENSE FEE - ALL APPLICATIONS Joint Use Di>ck License Application Fee a;cording to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per yeai f f US SLIP FEE for each permanent moorage slip lift, dry stack, or buoy ____slips @2.00 each $ S 20JXL TOTAL DLT: this APPLICATION $ $3^. Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and. in the case of new or unusual applications, also by the Plauiing Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed ^ Date Page 5 of 5 r Outiol CEXISTING CHANNELcn <- 180’ 22’ Sedan c^'C ■ 24’ Cruiser 7aLV 14’ Sunfish • .1.j IMi : i:| !• • !,i" ‘I!' N'y ~n □ 7/“ i i :. n.,,n. ^1 ill 1 * 1 I ’ •. t 1 ............•Iji n •hi) 4’ CATWALK OVER WETLANDS TO SHORE. 4’ BOAT DOCK x 180’ LONG. Outlet B Hi 'tj', < * M • , I « • APR 13 1979 BOAT DOCK LOCATION NO SCALE Plat of Victoria Estates L C D. roo 0 1 ( » ] cJ[S..ctu.lo >I :\ ) * ^— f -7 yJ-recfiH I ^ U ^ jQ; V^inc 0 '■ <'t d c<H 't 0 i'U. I~) /.-n )0 fVojnP S(q O {[J. rt^n dr. ,nhJacL ,Od(^/ ^IHO ti-. /I'lojnci: >-m. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO WALTER ’S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1993 TO DECEMBER 31, 1993 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 Stanites, 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 propeny. The LMCD, DNR and City of Orono must fiilfill 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 nwy have over the public generally is to construct one dock to the 'iavigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to L^e 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 ripanan 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 direc‘,s 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 8tfi day of March, 1993. Edward J. Callaiian, Jr., Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) u- o u.. rw k The foregoing instrument was acknowledged before me on this 8th day of March, 1993 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE LICENSEE: Walter’s Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: Charles E. Garrity Address: 2701 Kelly Avenue, Excelsior, MN 55331 Licensee is: XX unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other ____________ License Period - January 1, 1993 to December 31, 1993 11. BOA' DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman 1 1 ■4 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. 1. 2. 3. 4. 5. Variances granted for 1993: a) West property line (extension of west line of Lot 2, Block 2, Walter’s Port) - 10 ’ required, zero setback proposed b) Southeast property line (extension of southeast line of Outlot 2, Walter’s Port) - 10 ’ required, zero setback proposed The five slips are approved for use by the following properties located in tlie plat of Walter’s Port: Slip 1 - Lot 2, Block 2 Slip 2 - Lot 2, Block 2 Slip 3 - Lot 1, Block 2 Slip 4 - Lot 1, Block 1 Slip 5 - Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) City must be notified immediately of any change in use or configuration of the dock. All boats permanently moored at this joint use dock must be registered to the applicant propeny owners. Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) is allowed four boats maximum (1 of lagoon, 3 at outer lakeshore). Nothing in this licen.se shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of l.ake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessaiy from time to time in the public interest. . • * *• *• • • 9 RE30LUr(CtJ . H B • • m •• • • • •• • J V./'rir •..i-i:f '0** U?v^c>o (.OoTu-ov . CiOC-K OOT • • mm • • M ui- t1; I . 'X. CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 FEB 1 0 1993 LICENSE YEAR 19 ^ ? ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff Februarv 1. 1993 Date Application Returned to City Fee Received $_____________By Employee CITY OF DRQHD CTXhVijrc nrcTpcI Ui I a Lu 1313500000 rucrk-■OiH 71 30.00 30.00 RECEIPT-imK YOU oWj ROi T14:4"TTTZTvT? rf£^XJUL.U 02/10/9 Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. AS.SQCIATION INFORMATION 1. Association title or name (if any) pofh ^ ^ 2. 3. 4. Lake /it/Bay Person responsible for this application: Name Phone Mailing Address__ y?/ Relationship to association________ Association is (check applicable items): unincorporated homeowner’s group. ____ incorporated Homeowner’s Association. ____ unincorporated club or recreation group incorporated dub or recreation group. Page 1 of 5 A 6. 8. 9. Principal purpose of joint use dock is (check applicable items):iX provide boat mooring and lake access for residential property, provide swimming access, beach, or offshore dock, provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member’s private property. easement or outlot owned in common. ____ property leased by the group/association. property owned by the group/association. .ist Dock location and ownership information: Street address Legal property description PID# __________ Listed property owner(s) Names of abutting lakeshore property owners: tNorth/West) ----------------------------------/yyPAJsJ) ’ A (Name + Address) (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: property owner’s homeowner s policy, separate group/association owned policy. List the following information: Name of insured Name of insurance carrier Name of insurance agency Policy No. ___________Effective date of coverage Amount of coserage: public liability, per person, per occurrence S. Public liability, per occurrence $. Pace 2 of 5 10.Security and policing of the jointly used dock and property is provided by (check applicable items):security lighting property owner’s presencefencing ___contract security service other (specify)nnrK information 11. List Dock Use Area Specifications: Width of shoreline: _______ 12. 13. 14. ft. Length of main dock from shore: Dock setbacks from side property lines at shore: ------------- ft- and ------------- Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) permanent piling with seasonal deck permanent piling and decking wooden decking ____metal decking List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers a\'ailable at the dock----- List number of slips in each category ( slips" includes boat lifts): Transient (day u« only) slips______ Transient (day Mse) off-shore buoys _ Permanent moorage slips T___ Permanent moorage off-shore buoys . Dry storage (rack) slips __________ Maximum number of boats at the dock ft. ft. ------------------------------------------------- List number of off-street parking spaces avaUable for users of the jou« use dock. Parking, if proviacd must not be separated from the dock by any public road. ___O____ spaces. FttOSlQN AND SEDIMENTATION CQNTRQi^ concrete seawall Shoreline is protected by (check applicable items): stone rip rap _]L — grass and vegeution only ____other (speerfy)---------— -------------------- Depth of water at Shoreline: at 50 ft. out: at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application:A. DOCK PLAN - ALL APPLICATIONSA 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 hjnctions are intended, these also should be shown on the plan.B. UNINCORPORATED GROUPS OR ASSOCIATIONS1, 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 fyii (state year) and on file with the City." Applicant’s initials INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members 3.A cenified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and cenifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/ot by-laws as originallv made or last amended in________(state year) and on file with the City." __________ Applicant’s initials ANNUAL LICENSE FEE - ALL APPLICATIONS joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPUCATION FEE RENEWAL JOINT USE FEE, per year PI.TLS SLIP FF.F. for each permanent moorage slip, lift, dry stack, or buoy ^ slips @ 2.(X) each TOTAL DUE THIS APPLICATION 20.00 10^ 3 0^ Page 4 of 5 I .ATE FEE - Renev.als Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00, REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UCENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. . Signed Date ------- Page 5 of 5 __'[A /' __l,-hJ-._^U-- la't-jL-jLL Is.ft i,J^ Au,W7J.93£Y Z 7U(kaj/^ /^A.V7/^V7^ Lhi 'SLL Z7ai. lAr*’!^ /'f'^ .H7/ YS'fJ ’ I.ATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. RE\TEW PROCEDURE When a complete application is received, the application will be reviewed by the City CouncU and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAV BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAI. OF THE LICENSE BY TIE 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 a: any reasonable time to perform safety and code compliance inspections. signed ky _____/ ------ Page 5 of 5 .. •• J • • m RISCLUTICN. • • •’ •3 T* • - M a» m -------- . . — •_ •0 m mmm m J • • •• ' • •*" MW .!••• ••*• \^c*ooM CooTv-av . ^0<^K .. U?,M OUT - hi • •• • R\c5 (\h • • •• /^es - 5" t. • W • • ••-•• • ••l<^^o ' S^ - • • • Sia9 \ •••a. ’ • 4* -s lat a. \-or 2. VaT* \ . \• •• • • • •• ♦. . Vo ’r S \i»v. i. 0. - A av \ • m • • ttu ■>> Ca»aof'f . / ff V- t irs"- s~o /9Sfe- /a 57 - Ss fftQ.T eii 'uorc \ CVo.r^xO CbA' •■• • • wc;.\c>^Tt Q • • • • • RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWT^ERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1993 TO DECEMBER 31, 1993 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, s'*ety, and general welfare of the citizens of the City and other members of the put : 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 iiealth, 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 a' d is shared by riparian owners and the public generally, no one riparian owner has exclusive p; i\ ileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public w , .. 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 mumal right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Pace 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 8th day of March, 1993. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin. City Clerk STATE OF MINNESOTA ) ) 3S. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of March, 1993 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument 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: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: Mark R. Johnson Address: 1025 Heritage Lane, Wayzata, MN 55391 Licensee is:unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other Smiths License Period - January 1, 1993 to December 31, 1993 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-1 thru B-3, and in accordance with Resolution 938, in no case shall the numter of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay ____ Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY 8 8 1 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B-1 and B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The maximum number of slips or moorings to be licensed in the future shall not exceed 16 provided that for any given year, the license shall be issued for no more than 1 boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution i042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. 2. Winter storage of dock parts and sections shall be permitted on Outlot #1 between the time the dock is removed from the lake in the fall and June 1st of the following year. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. FOXHA^ ASSOCIATION'tonka SmithBay 1992DOCK PLAN>ject to: Agreement between ;hill Association and City of ^"lo of 6-12-79 and Lake Use 2nse of A & H Anderson re use area within East A West exten- ;ns of Andetson property for k use by Foxhill Association MAR U 1992S"2. Subject to Variance Order of 9/28/78. Granting of slip relocation (lifl) is specific to'this dock plan and continuing approval of neighbor to phe west. Any future amendment of the site Tlan will require reconsideratio^ jf the entire site plan. (Per Board action 3/25/92) I ■ ■ CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICEiN'SE YEAR 19 93 rrrv r.r t-orMnu A ! t ut cnuftu cniAkirc rfccrrc I i/f I ikri. f 7f a w'X wfw'W'WV' Pu ocrcTOT^ruriji, vnij I fi*ntfA I k/u £:wi ROl TlO- rucrk‘ U « A7/f i; Ak// ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff February 1. 1993 Date Application Returned to City CoFee Received $By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - It i*; unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPUCATION, REQUIRED ATTACHMENTS, AND UCENSE APPUCATION FEE TO THE CITY CLERK BY xMARCH 1 OF THE UCENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) Foxhill Homeowriers Associacion______________ Lake Minnetonka_______________Bay Smith's___________________________2. 3 Person responsible for this application: Name Mark R. Johnson Phone 475-2867 or 475-2170 Mailing Address 102L Heritage Lane, Wayzata, 55391 Relationship to association Dockmaster________________ 4.Association is (check applicable items): ____ unincorporated homeowner’s group. XX incorporated Homeowner’s Association. ____ unincorporated club or recreation group. ____ incorporated club or recreation group. Page I of 5 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items); XX provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check .applicable item): ____ one member’s private property. ____ easement or outlot owned in common. ____ property leased by the group/as\.ociation. »c__ property owned by the group/rssociation. List Dock location and ownership information: Street address 1801 Shoreline Drive, Orono, MN____________ Legal property description Outlot 1» Foxhill PID# ________________________ Listed property owner(s) Foxhill Hcxneowners Association Names of abutting lakeshore property owners: tNorth/WestI Alden L. A Helen M. Anderson; 1830 Shoreline Drive, Orono (Name + Address) («grtiith/Fa^t1 Michael Winton; 1780 Shoreline E)rive. Orano______________ (Name + Address) Names of other affected property owners: None ____________ (Name + Address) (attach sheet if necessary) Insurance Coverage - The Jointly used dock is insured by one of the following: ____ property owner’s homeowner’s policy. XX separate group/association owned policy List the following information: Name of insured '^•oxhill Homeowners Association______________ Name of iimimice carrier Scottsdale Insurance Agency Name of insurance agency Hcroeyer-Harris Agency----------------------------- Policy No. GLS 307569 ________Effective date of coverage 3-01-92 to 3-01 - 93 Amount of coverage: Public liabUity. per person, per occurrence S—^--------- Public liability, per occurrence $ 1,000,000.00 Page 2 of 5 10. Security and policing of the jointly used dock and propert; !«■ provided by (check applicable items): ____ fencing x x xx security lighting ____ propeny owner’s presence contract security service____other (specify)_________________________ DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoi-eline: 293,86 ft. Length of main dock from shor ■ Dock setbacks from side property lines at shore: 258 ft. ana Dock Construction (check applicable items):12. 13. 14. 112 ft. 36 ft. XXX seasonal do<»k (relocated or replaced each year) ___ permanent piling with seasonal deck ____ permanent piling and decking metal deckingXXX w^ oden decking ____ List Dock Accessories: Number of fire extinguishers available at the dock 1 /water craft - total 8--------- Number <jf life preservers available at the dock 0 permanent; legal ^ per waterci^t List number of slips in each category ("slips " includes boat lifts): Transient (day use only) slips _0 ____ Traiisient (day use) off-shore buoys _0 ------- Permanent moorage slips 13 Permanent moorage off-shore buoys _0 ------ D»y storage (rack) slips o______ Maximum number of boats at the dock 13 ---- List number of off-street parking spaces available for users ot the jomt use dock. Parkmg, if provided must not be separated from the dock by any public road. _____0 spaces. EROSION AND SEDLWiNTATION CONTROL 16. Shoreline is protected by (check applicable items): xxxstone rip rap ___ wood seawall ___metal seawall concrete seawall grass and vegetation only other (specify) 17.Depth of water at shoreline:__0_ ft: at 50 ft. out: —]-----; at 100 ft. out. Unxno ^ Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. N/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. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A hst of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in (stats year) and on file with the City. Applicant’s initials INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Ncte: 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 ^ 986 (state year) and on file with the City." IU£[7____ Applicant’s initials ANNUAL ^CENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPUCATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy 13 slips @2.00 each TOTAL DUE THIS APPLICATION $ $20.00 26.00 46.00 Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall n<^l accept renewal license applications received after March 1 unless the application is accompanied bv a late fej of S25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF TF^ UCENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date Page 5 of 5 POXHILL HOMBOWNE31S ASSOCIATION OFFICERS 1993 Dan Hoffman - President 1135 Heritage Ume Wayzata, 55391 Vangie Nicklow - Secretary 1150 Heritage Lane W«yzata, m 55391 Judy Zitzloff - Treasurer 1160 Heritage Lane Wayzata, m 55391 Mark R. Johnson > Dock Master 1025 Heritage Lane Wayzata, Ml 55391 foxh »^ association LakCJlir '■tonka SmithBay rtc.v^Li VL.<j MAR U 1992 1992 DOCK PLAN i)ject to: Agreement between 'xhill Association and City of ona cf 6-12-79 and Lake Use cense of A & H Anderson re use area within East A West exten- jns of Andetson property for zk use by Fcxhill Association Subject to Variance Order of 9/28/78. Granting of slip relocation (#1) is specific to’this dock plan and continuing approval of neighbor to phe west. Any future amendment of the site plan will require reconsideratlo of the entire site plan. (Per Board action 3/25/92) /99X- /J? RESOLUTION DIRECTING STAFF TO isslt: a joint use dock license TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANL^ARY 1, 1993 TO DECEMBER 31, 1993 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the ;;tate of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect ihe 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 limr 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 conunerci^ 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, mcluding those v.'ho 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 Uake Minnetonka. The only additional private right that a.'y 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 ownere and the public generally includes the recreational ^ncfits 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 abase 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 8th day of March, 1993. Edward J. Callahan, Jr., Mayor ATTEST: Dorothy M. Hallin, *y Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of March, 1993 by Edward J. Callahan, Jr. & Doro»hy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Citv. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIOrJS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Big Island. Inc. Dock Address: Big Island, Record Lots #12 and 19 (520/530 Big Island) Agent: Ralph G. Hatch (Treasurer) Address: 3955 Walden Road, Deephaven, MN 55391 Licensee is: XX unincorporated homeowner’s group incorporated homeowner’s association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 1993 to December 31, 1993 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed Lhe number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay m Transient (Day u.se only) Slips Permanent Moorage Slips Boat Lifts Si’b-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Lower Lake ii ♦Per Resolution No. 3(X)6, occas;o‘.al overnight camping allowed. Exhibit A Resolu >on 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 thir. license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance witn the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.Licensee shall comply with all requirements of City of Orono Resolution No, 3006. The maximum allowed boat density per Resolution No. 3006 is 15 total slips. Any increase above this number of slips shall be si bject to licensee first obtauiing Conditional Use Permit approval from the City. The number of slips licensed for the current license period is 14 . V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or she 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. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock notation material has been banned per Ordinance No. 104. Second Series. 4 / > • I r 41^ -i» — - *z- ^7 • <5^1 « ✓ ^(TSC^LIAT/O'^ /% ro 50 O t^ pK W w>*0 6 M t/) n «; 5* O oVij I* •« M►1 H- H ^ o i3 SH* r* I* C 2 O Tf u 30 n n a Zo H • o o ►-* H 2CP * n P O *-*9* a • <r>i VO RECLWbu JUH 31992 L.M.C.D. " // 3 i • 5 6 “ lO^ I y 55* 2L 50 ^ ^ ^ I •♦#'Big Island, Inc.■ /••■:• - / : V• # • V* N ^jCW&iT C,fUe^OLU.TIO’^i. I. I I* . • I * • :.»r. I* *' • ♦; *’ .V’ *•/ -‘A• •■ •• ■ J;.!l f.C .• • • .1 ..f• • * V • \ ^ V • I • y^ ^ird . .1 A B \ • •• ; •v*!“ • : vJ^I * ^f*^*\* ___ • •- !,•:•. • ! Vii- i‘^,v. Aroo A ■ 3.dO ocres AfCO B » 206 »• TOTAL- 5.46 •* Are o C - 2.00 acres TOTAL- 7.46 I3c4: taVP""*^ ■■B.. H LAKE** • ' • V ct#ill| ik«i ilitf vat ffittiti •• •! tici t«fte«ltlM IM% I #• t #«l| Ititaltitt fftl • vtftt Mstvt IM Itvt.tl tl^tstit tl Ultttttit. r Vttff V §•§tt«al 1606 MtNHeTONKA Ml!•fattei M-««. , • 1 ^vtiti •-••• 1 •• •MM*** « t • 1 ••• • LICENSE YEAR 19 9-^C]?TY OF ORONO P.O. BOX 66 CH.YSTAL EAi* f Ml’ 55-23 473-7357 ■h.* •> anijual joint __ttsk dock . 42 Pursuant to^rono Municipal Coae sec-ion Date Forti Sent by City Staf-- - - Date Application Returned to City. Fee Recived S__________—--------------------- By Employee _-prwqF re OUIRED - It IS unlawful for any Section 5.42 Subdivision 2. Ii ^m’ii*^/ more than two in numoer, 1c?;up or association of °^^^^or of^Icioate in.-.joint use whether incorporatec first having obtained a license (of any lakeshore property) without -i-s ^^0^0^O3T flTOm vLa 10 please rKTO TK^'clTv'cLER-fBE/-"^ ASSOCIATION Il<rORMAriO_N 1. Association title or na.-ne (if any)_liS.2ii£2lLli;l 3av southeast tip of Mahpiyata Islan-----____ 2 . Lake ----------------------------------------------- Relationship to association- - Pace 1 or 5 U. Association is (check applicable itecis): unitcorrcrated hor.eovner's group. 7. 8 incorporated Eorceowner's Association, unincorporated club or recrestion group. X Incorporated club or recreation group. 5. principal purpose of Joint usa dock Is (cneck appUcable liens): ___ provide boat scoring and Uke access for residential property. ___ provide 8vl=ing access, beach, or offshore dock. X provide a club or association gathering place for activities. 6. Dock is located on (check applicable Itera): one cenber's pri'/ate property. easement or outlot ovned la common. ___property leased by the group/association. X property oveed by the group/association. List Dock location and ovnership Inforcatlon: street address RL 19, RL 12 legal property description PID # 22-117-23-42-0019 22-117-23-42-0020 Names of abutting lakashore proparty owners: s.. Attached ssnibics a . b (Worth/WeSt)(Name * Address) fSouth/East)(Name ^ Address) Names of other affected property owners: See Attached Sheets (Name -*• Address)(attacn sneet if necessary) Paae 2 cf 5 s . I 1 A is Insur-d bv one of the following;Insurance Coverage - The Jointly used docSc is Insur. .property c-.-ner's hocecwner’s policy. X separate group/associetioa _ certificate of insurance to dock at (Note: Each member is required to fu facility.) list the follcving inforr.ation: name of Insured Bio island._ of insuronc, carrier . 4/e/Zr^ of Insurance agency jne..>--.ncp rnnsiiir;nq Ser-nc.ias .aount of coverage; Public liability, per person, per occurence $ 500,000. 1 snn.nnn.QQpublic liabUity, per occt rence Security and policing of the Jointly ’used doclc and property is piovl e j taacln*. _JL contract security service, other (specify) 125. 500+ POCK IWFOHWTION II. List Dock Use Area Specifications: width of aboraunc, 1.500*— f- Dock aetback. fro. aide ptcparty Una. at shore; __500i_ ft. abd ------ IJ. Bock Conatructlob (check eppUcable items): Mssobal dock (relocated or replacad each year). _ peimuient plUo* with ae.«>na deck. _ peraaent plllb* abd dacking. ___wooden decltlng. ____natal decking. 13. List Dock Accessories ; ffiesber of fir. erelogwlabera arelleble et the dock Po.r. rf<lMlrf«l W MVg_ go^r of life preaereer. arella-l. at tb. dock ■ boat. rew»iif><» 14. uat «»b.r Of .Up. «r -••l. xran.l.ht (day use only) allpa X- Tr.n.l..t(d.y ua.) off-abcre buoy. ^ ft. ^ ti* • Permnant noorage Flips Dry storage (rack) slips Pexaaneat ■>orage off-shore buoye ------0 ----• aunber of boats et the ^££]LJ^ road. _0__ spaces. Page 3 of 5 • • • AND SZPTWVNTATICM COMPja * ^ a—'''•'2ole lte=s):16. Shoreline is p^iectea 6y (c=e=- a...—- X Stone rip ra?.vccd seaval--•cetal seavali concrete seava^- grass and vegetation only, other (spec—y) — “ less th^. * CQ ft. out Is approy. 17. I»pth of v,«r sooroline Is ^ a- 50 f at 100 ft. out is _20J __. ........... ......—.... THi- followina must accompany this application: required attachments The following nn« A. 2. iw*v PTAN ■“ ALX applications _ 60 s^j:: a--. ^TLfS'.its d^y siora,e or or.h.r on-lsr.d functions arc Should Shown on the plan. t^TTroRPORATED CRCn.s OR ,^/or slip users. 1. A list of th. names and mailing a A eertifiml copy of th. ‘■J'-la-a orjigr^^ent o j „ .ollo-in? copy is n« £12^ If'ip^UcaScn tJd our Joint use docH is to be eratementi This is * - • acreement oripinally nace in - - - --- - - operated under t-h. same * _ (state year) and on file with the c. ... Applicant’s initials TorORPORSTTP .T.n,E OR .u corporation officers. 1. A list of th. names, mail 9 association. A statement as to the total number of memoer members ♦ hv-iaws of the corporation A certified copy of the *^^*^'^** °^^^”^°2e*^Joplicant initials and ^ Note: These copies are S2l f2SHi|£| ‘ ;ppUcation and our joint use dock the following statement: articles of incorporation and/or . to be operated under the sm /^/^ 2- (state year) and on file with 2. 3. tne loxiowxiA^ -—- - - - .T-rteiea of incorporaciow «i*w — -* ~ .. is to be operated under the • ^ (state year) and on file wi originally made or last amended in J ^^^^*^pplicant *s initials President -Mark Scholle 9742 Leeward Circle Eden Prairie, MN 55344 Treasurer - Vice President Secretary - Don PuzaK 23830 Smithtown Road Excelsior, MN 4 of 5 - Ralph Hatch 3955 Walden Road Deeph^ven, MN 55391 - Brian Tichy 1471 Lake Lucy Road Excelsior, MN 55331 D.ANNUAL LICENSE FEE - ALL APPLICATIONS Joint use Dock License Application fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy ______ slips € $2.00 each TOTAL DUE THIS APPLICATION -^30 .ITTT $ O cm OF oam FWAHCE CFFICE “rmsooooo Oi CEM 20.00 R LATE FEE - Renewals Applications for renewal of licenses shall be application is accompanied ^ a la^ fee of $25.00^ "TflEEir 71 20,00 RECElPT-rwm YOU U264300 cool ROl T16: 01/28/ REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of Marina applicaitons, also by the Planning Commission and Marina CoSmittee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON approval OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the compliance inspections. Signe Date Page 5 of 5 TO:Mayor Callahan and Orono Coundlmembers Ron Moorse, City Administrator % % FROM: DATE: SUBJECT: Michael P. Gaffron, Asst. Planning & Zoning Administrat<^jV 'r March 3, 1993 %1993 Marina Licenses - Requesting Council Direction on Various IsdlT licensing sections in Chapter 5 (copy attached) pending further teview. rpKJ^ revision wUl be further reviewed. ssTL r •ir.s:" previously existed; then would require a vanance.) MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14. 1992 PUBLIC COMMENTS - CONT. M*vor Peterson thanked Mark Bernhardson for his efforts the facility. She Introduced Shirley Bonine, Hennep n County Parks Commissioner. ZONING ADMINISTRATOR'S REPORT license from the marina business license j.* M Kw I I jihiin th^t th6 word I ns b# considorsd furthsr, And ^i*nt«rim revise the existing ordinance by removing from the Ncense section the land use sections duplicated within the zon ng ordinances, ordI nance. Butl.r«sk«d It th. int.rim ordinanc. Is adopted, would the Council need to revisit the issue at a later date. Callahan stated they would need to revisit the Issue. It was moved by Callahan, seconded by Butler, to table action on this matter to the January 2Sth meetins. Ayes 8. nays 0. »170e WILLIAM a EVELYN KNAPP. FINAl“80B0IVI8I0N/PRD - RESOLUTION #3210 It was moved by °i^*Vnd"’EvVlyn°KnaM S-;?dX:?r':p%*r‘i:rn:’t^’ p^aroV cT.t-ororV;l,’;ds .n'd ,rantln, a conditional use permit. Ayes 8. nays 0. (St7) *1749 JIN LAWRENCE. 1880 SIXTH AVENUE NORTH - FINAL SUBDIVISION - RESOLUTION S3211 It was moved by Vsso 8°/tlTav^ AYS. *. nays 0. To: From: Date: Subject: Mayor Peterson and Orono City Council Ron Moorse, City Administrator Michael P. Gaffron, Asst Planning & Zoning ^dminlstr^jjj^,^ December 10. 1992 ClTl^ ^ ^ Alternate Proposed Ordinance Revision - Sect fra Lake Use Committee Chair Callahan has suggested that the proposed Section 5.42 revisions dated December 2 perhaps need some additional time for consideration. As an alternative, he suggested that merely the portions of the existing section which are duplicated in the zoning chapter be eliminated from the licensing chapter. Under this concept, the following subsections would be eliminated from Section 5.42: Subd. 4 B (Parking Requirements) Subd. 4 C (Landscaping of Yard Areas) Subd. 4 D, Items 1 and 2 (Landscaping Areas) Subd. 4 E (Suitable Sanitary Facility) Subd. 4 F (Access Roads) Subd. 4 G (Ligbti.ng) Subd. 4 H (Hours for Running Engines) Subd. 4 I (Hours of Operation) Subd. 4 J (Orderly Premises) Subd. 4 K (Garbage/Refuse Control) Subd. 4 L (Dock Standards) Subd. 4 M (Land Storage/Fuel Storage) An ordinance revision is attached which accomplishes removal of the abc'e noted sections. Remaining in Subd. 4 is Subd. 4 (A) dealing with the number of boat rlips; Subdivision 4 (D) (3) regarding bonding for landscaping Improvementsf and SubdivislM 4 (M), a general statement rbout "other regulations . The paragraph regarding landscapir. requirements would clearly be out of context, and in the proposed ordinance, I have further eliminated that section leaving Subdivision 4 with two entries. Isv ORDINANCE NO., SECOND SERIES AN ORDINANCE TO AMEND THE ORONO MUNICIPAL CODE BT DELETING PORTIONS OF .SECTION 5.42, SUBDIVISION 4 RELATING TO BUSINESS USE STANDARDS FOR LAKE FACILITIES The City Council of Orono ordains as follows; Section 1. Section 5.42, Subdivision 4 is hereby deleted and the following language substituted in its place: Subd. 4, Business Use Standards. All business use applications shall provide information showing compliance with the following standards: A. The prexposed number of boat slips on the land and on the water and boat buoys shall not adversely affect the public safety, health and welfare or infringe on the public right to use the water, or unreasonably restrict the rights of other property owners to store boats on or adjacent to the same area. B. Such other regulations pertaining to the operation of the applicant shall be met which promote the public health, safety and welfare. The Council shall be mindful of the past history of the conduct of the business by the applicant. Section 2. Adoption and Publication. This ordinance shall be published in the Pioneer and the Laker and shall become effective immediately upon publication. Adopted by the City Council of Orono, Minnesota on this 14th day of December, 1992 by a vote of _ _ ayes and nays. ATTEST: Dorothy M. Hallin, City Clerk Barbara A, Peterson, Mayor STATE OP MINNESOTA } ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of December 1992, by Barbara A. Peterson 4 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 1 of 1 TO: FROM: DATE: SUBJECT: flayor Peterson end Orono City Council Lake Use Conunittee Ron Moorse, City Administrator Tom Barrett# City Attorney Jeanne A. Mabusth, Building 6 Zoning Administrator Michael P. Gaffron, Asst. Planning t Zoning Administrator December 2, 1992 Proposed Ordinance Revision - Business and Joint Use of Lake Facilities Attached is^ *re?a\?ngTo"?o?n\ use'lnV mari'nV bu"slness“ UcenlTing! This^iunendment will appear on your December 14th agenda for adoption. section. T“! “ii%VnV."“«rA iS?co..r.d und« th. ®;2 ».ction will ^ dealt without forcing unlicensed operations to cease. Please review the a^te*/<TVirat*a Vinall SiSn” r~^/:dopt^\l".“or*di;:n«"^i°A^ th« n..d for a public haarin, or Planning Commission review. IT l^OiLLi:^ Cob^ SBC. 5.42. JOINT USE OP LAKE FACILITIES- Subd. 1. Definitions. For the purpose of this Section, the following terms have the meanings given them: A "Boat Slip# Water" means a structure, space, dock or other t^ing designed or used for ^he docking, mooring^or storing of a boat temporarily or permanently in including mooring posts, buoys or other devices. B "Boat Slip, Land" means a structure, »paje or off the licensed premises. C. "Boat Slip. Permanent* means a •>®** or water used for the storing of a given boat on a long-term yearly basise D. "Boat Slip, Transient* means a boat slip on or water used tor th^ temporary storage of -any different boat, for short periods of time. E. "Joint Ose" means more than two 2“0'”anr3F|?'rpo^^^^^ inc\^"ler t’ST'JS! l‘S’w‘in*4 activities: 1. More than two adjacent riparian landowners sharing in the use of a single dock. 2. An association of riparian ShSriir* dock°or*ncJ^^^^^^ the members. 3. In the RS soning district only» * rol“.\.V.rtirrt°"or"a - overnight camping purposes. Subd. 2. License Required. It is unlawful for any person to engage or participate in joint use without first having obtained an annual license therefor from the City. Subd. 3. License Application. Any person or group of persons making application for a joint use license shall do so on forms provided by the City and shall provide such information as may be deemed necessary by the Council in order to act on such application. The fee for license applications shall be set by ordinance. Subd. 4. Public Hearing. Upong filing of any application for license, the Council may call a hearing upon such notice as it may deem appropriate. No such hearing shall be mandatory, but wholly within the discretion of the Council, except that a hearing shall be held at the request of the applicant in cases of license revocation or denial. Subd. 5. Joint Use Standards. Joint uses shall adhere to the following standards: A. Any association of riparieui and/or non-riparian landowners within a subdivision adjacent to the lake which Initiates a new joint use shall adhere to LMCD regulations and no such use shall *have more than one boat slip per 50 feet of shoreline as measured by a straight line between the points at which the side lot lines meet the OHWL. Further, all such use shall adhere to the Shoreland Management Regulations of Section 10.56. B. Any joint use in the RS zoning district by a not-for-profit organization or association providing transient boat slips for stakeholders of a property used for day-use recreation or overnight camping purposes shall be allowed only in conjunction with a valid conditional use permit for said use issued by the Council. C. Parking facilities not allowed. No joint use shall be approved which necessitates provision of parking stalls or which creates the need for parking on any street right-of-way. SECTION 2. Section 5.43 is hereby added as follows: SBC. 5.43. MABIMA BU8IBBSS LICZNSB. Subd. 1. Definitions. For the purpose of this section. Slip# ptatBs. # —-— r ---------- r •’ Permanent*, and "Boat Slip, Transient* shall have the meanings gi^n them in Section 5.42. The following terms have the meanings given them: A. •Business Use* means engaging in either a marina business or the business of docking, mooring or storing boats. Water •Boat Slip, Land*, "Boat Slip, B* '^Marina Business** means engaging in one or more of the permitted, accessory or conditional uses allowed within the 3-2 zoning district. C. "Business of Docking, Mooring or Storing Boats means renting or otherwise providing space, including boat buoys, for docking, mooring or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use, Subd. 2. License Required. It is unlawful for any person to engage or participate in business use without fxrs laving obtained an annual license therefor from the City. Subd. 3. License Application. Any person or group of persons making license application for business use shall do so on forms provided by the City and shall provide such may be deemed necessary by the Council in order application. The fee for license applications shall be set by ordinance. Subd. 4. Public Hearing. Upon filing of any application for license, the Council may call a h-aring upon such not^^^^^^ may deem appropriate. No such hearing shall hearina wholly within the discretion of the Council, except that a 9 shall be held at the request of the applicant in cases of license revocation or denial. Subd. 5. Business Use Standards. Businesses required to b. licensed under this section shall adhere to the retirements and performance standards of the B-2 zotin? district and per the following provisions* A. Insurance Required. Each business shall provide c.rtification of liability insurance coverage for th. duration of the license period. B. The primary business operator on the shall be the licenseholder, and shall be responsible for not J the City of any and all businesses subleased on the prases. Such MCond«y bu^MSses shall not be separately licensed but shall ^ allowed only when in conformance with the provisions 2onin^ district standards# subd. 6. Business Use Licenses Limited to B-2 Jo business use shall be licensed in any zoning district other than B I? .xcept that wh.n a busin.ss »«• ^ “.t/ic^SSalSanother zoning district, such use conducted in said district shall not be required to obtain a license. r N ORDINANCE # _____r 2nd SERIES REVISING s™ «, BOSIN^SS .OXH. USB OF JAKE FACILITIES The City Council of Orono ordains as follows. SECTION 1. section 5.42 is hereby amended as follows: SEC. 5.42. B0BINH89 AND JOINT USB OF LAKE FACILITIES. Subd. 1. Definitions. For the purpose of this Section, the following terms have the meanings given them. a "Boat Slip, Water" means a structure, ^P**^*' dock or other thing designed or "o^ storino of a boat temporarily or permanently including mooring posts, buoys or other ev ces. B "Boat Slip, Land" means a structure, *P*®® off the licensed premises. C. «Beeiness ef Beekingr ’L.^^beat meene renting or i*5r^***^hree^ beets beienging tofor deekingr meering er storing three or prepertyr "Boat persons ether then the on land or water u^ for the^t^amLWioi 0. Beemmereisi Beet •//; ''erbe^S speee for deekingr »«•»*“» iaeieSingr withent iisiitatieiir prerid- eSed in a trade er ke.%ng beets owned by the ing rented l?;\^?!r^iJpieyT renteir er otherwiseiieensee end heid for ■••**0 besinessT a«d space heid for feost. tor short periods ^f times. B. a€e»»ereiei eemmerciai*beet meering pester *®t'*"^_** bJjiness of decking er storing beats deek besinass er by Tx* a.i.ar »*^*r aeering pertar aa •s defined hereinr *e the main deekr "Joint Oaa^ •my ethar landowner loinina ior tEilgusglS sharing in the use of a single dock. 1. More than two adjacent riparian landowners 2. An association of riparian and/or non- riparian landowners within a subdivision adiacent ^ 1^-- sharing a dock or dock system providing permanent boat slips for the members. 3, In the RS zoning district onlV/ a not-for- rofit organization or association providing transient boat slips or ^akeholderi~~or a property used for day use recreation or overnight camping purposes. Pt “Joint Hae“ means more than two persons joining for the purpose of using iaheshore property for swimmingr bathingr fishingr docking or mooring boatsy or for any other purposer ^ “Business Bse“ means engaging in the business of doekingr mooring or storing boatsy or a eommereiai boat dock businessT Subd. 2. License Required. It is unlawful for any person to engage or participate in business use or joint use without first having obtained an annua1 license therefor from tne City. Subd. 3. Public Hearingr Bpon filing of any application for license the €ouneil may cell a hearing upon such notice as may deem appropriatey Prowidedy that no ouch hearing Mall b ■■•ii4*«eryr whaiiy within the *1 License Aoolica* ' r . Ai^ person or group of persons making aoolica^tlon for a >?ouit use l^enae sT^ll jo^ on foto pro vi bv^the city and "sh^ , l*pr ovid* informati<y> as McnTa^T"^ T5e in order ^ act ^ sSp^ aBfillcatl^ The gee torlicense applications shall set ordinance^ SubdT 4t Business Hse Standerdsr **\ .***•*“VJL applications shell provide information shewing compliance with the following standardsv hr fhe proposed number of boat slips on the land and on the water end boat buoys shell not public eafetyy health end welfare or *"**f"2*. other to use the watery or unreasonably ereerproperty owners to store boats on or adjacent to the same ereer parking perking perking B t Phe proposed venscu -ar facilities shall be sufficient to eVtho congestion likely to be caused by ^ ihl minimumfhe parking areas need not be pavedr *he minimum reguirements shell be as follewsr Ir Sir parking spaces shell be provided for each ten beet slips on water or on landr 2t Ptt ieast eight oif-street parking spacesT piaa one addifeionai space for each 8&d sgeare feet of fioor area over i7000 feetT ineieding warehoesingT and aii oatsrde aaies end storage areas reiated to the saies and service fanctronsT if the proposed ase is to ineiade the iaanehing of boats owned by the pabiie for the day from traiiersr ten additionai aato-traiier parking spaces shaii be provided for each rampr . , ^ ^ i.4t She regaired parking spaces may not be separated by a pabiie roadway from the doekr storage spaecT mooring spaeer fioor spacer or ramp they are designed to server 5t Reqaired off-street parking apace may not be atiiised for open storage of goods or for the storage of boatsr exeept that from ectober i to May i each yearr the reqaired off- atreet parking may be ased for winter storage of boats provided that i0% of the reqaired. parking spaces remain as a fanetionai parking 0T Parking may not be aiiowed in any reqaired yard or iandscaping arear 6t She minimam reqaired yard areas for the ase Hwttien .h«ii landscaped and planted with eYerpeeen and deetd- iiovs shrubs snd trees in aceerdsnee with a detaiied iandseape pianr Bt in addition to the iandscaping reqaired in the reqaired yard areas for that ase distrietr the iandeeaping areas shaii be iandscaped in accordance with the fed dewing previeionsv dv She minisaa dandeeaping areas shadd be as fsddowsv fed She dekeshore dandeeaping area shadd be an area that is paredded to the entire dekeshore adjacent to the dioensed marina aparatden and eqaad to d«% of the average dot depthr hat in no case sCadd be dess then d« feet nor more than ?S feetr h'««hs hhe dandeeaping area for access to the dake shadd not gate width of 90 feet for each iicensed marina ^ yard dandeeaping area shaii be an area that is pared ded to the srde dot dine end net within the dekeshore landscaping mrmm er yard iandscaping area and shadd not be less than 10 feet {rent yard dandeeaping area shadd be an area that the street er opposite the dendshore iandscaping area and shadd n^b be dess than 10 feet deepr Breaks in the access to the pabdic road shadd not exceed an aggregate width of se feat for each licensed marina operatienr 9t ghe detailed landscape plan for each scaping area shadd provide for e neterad weeds area prinaridy evergreen and decideoas brees "•J * haightr Shrabs not dess then 9 feet in height ^ pccMd among the trees so as to ovontaaddy provider at “barityr • ■•aaved screen that widd not be dess than 50% opaqae daring the »uer .eaeh» Me r.e. —y be eilew.d in the l.nd.e.plny .reas except the reqaired iar.dscapin? end e-e-sa ceada ea previdec cor rr thia Section- A privacy fence nay be reqaired in edditcon to tne natarai iandaeaping which has been pianted to meec tne reqacrer.en a of thia SeetiortT ?he aae of any fencing aheii not aatcafy the reqairement of providing natarai iandacaping and aoiid vcaaai screening- Any yard area reqairing iandaeapcng to meet the reqairementa of thia Section ahaii be pianted with naraery atoexr baiied and bagged breea and ahraba in aecordanee^wcth a eetacied iandacaping pian approved by the eoanciir Aii iandaeepcng ahai-. be maintained in a heaithy growing eonditionr Aii the improvementa in the iandacaping pian or otherwiae as approved by the Soaneii ahaii be i-i/2 times the listed cost of the improvementa an order to ansare that the propoaed improvementa wiii be eompieted before o-ane o the year for which the iicenae ia reqairedr St Saitabie sanitary facilities connected to pablie sanitary sewer or to a private on-site sewage ™«ia- whieh complies with aii eity Code provasaons and agency = ® tioRST shRii be provided ee *‘>* ?”"***» J" ieriherr eeitebie feeiiities eheii be provrded *®r J:he wastes aecamaiated an boats docked or servaced at the maranar Ft insofar as practicabier means of access to the eper.tioR dree eny eereeb eheii be »® i®««®l «o eveid the reetiR? e« rehreiee dree the ®J®' thet erieeriir serve abettiR9 restdeRttei ereasr Aii eeeese ro l«» ?he eper^ioR to .Ry pebiie peved roedvey eheii be P®®®/ *®' ® distance of at least 39 feet adgaeent to the pabiae roadway to operation to any anpaved pabiac roadway ahaii minimize dast conditions at least to the extent the anpaved pabiae roadway is dast centreiiedr ©r ?he lighting shall be shielded so glare can be seen from adgoining residencesT ^rem the lake or fr m the roedweyv /«%r^rer ’, "1*2” tVr rt^R" :::AiVrre%*eipreRre% '’te^t^RV ;/ei*''“be%et’weeR the hoere od dtdd o-^eiock AtMt and 6t99 o-^clock PtMt iT ?he merieom heors od operetioR eheii P® o^eioek A,Mt to i«t99 o^eioek PtMvt «etiv2^ deROtioRST ereept ee Reeeeeery *® .»®PP®” eVr /nie" 2ther or privete ese od the beets permissioR is speeidieeiiy preoted by the eeneetir dT Persees is eher?® eheii et eii tiaes keep the 2«2%%2rtreVhr”erbte^h”«222r”e2t»r‘2e"tReryVe|s222222 «Rd debris of all kinder L Kt Persons in ehsrge shsii prohibit the ds.epine or throwing of garbagey paperr bottiesr eansy refese or debris into waterwayr Persons in charge of r.ooring areas shaii provide garbage cans of saffieient sise to hoid garbage or refase to be eoiieetedr hr No eommereiai docks or boat baoys shaii extend farther into the waters of any iake than is reasonabiy necessary to aeommodate the docking and mooring of sach crafts as shaii castomariiy and iawfaiiy be ased apon the iako or so as to interfere withr obstractr or tend to obstractr or render dangeroas for Bse or passage a body of water within the primary harbor iimits of the eity-r ?he iength of docks and iocation of baoys shaii be regaiated by the eity or other appiieabie iawsr Aii sach eommereiai docks and wharves shaii be eonstracted and maintained of sach materiais and of each type of eonstraetion as wtii not render them ansafe or iikeiy to endanger pabiie enjoyment of the watersr eommereiai docks shaii be maintained in a neat and orderiy manner at aii timesr Mt if oatside boat siip iiandi storage faeiiities are providedr ihe boats shaii be stored in sach manner that they do not create a fire hasardr Any oatside straetare for parpose of storage of boats may not exceed i5 feet in height-r Bry boat storage areas may not be ioeated in the reqaired yards or iandscaping areasr Any gasoiine offered for saie or stored on the premises shaii be pieced in tanks or containers as may be reqaared by the CoaneiiT and sach tanks or containers shaii be stored andergroand or sach distance from the storage faeiiities so as not to create a danger to the comraanityT The premises shaii at aii tis.ns be maintained in a neat and orderiy mannerr Nr Sach other regaiations pertaining to the operation of the appiieant shaii be met which promote the pabiie heaithr safety and weifarev The €oaneii shaii be mindfai of the past history ef the eondaet of the basiness by the appiecantr Subd. 4. Public Hearing. Opong filing 2l aoDlication for licenser the Council may call a hearxng ug^ notice as it may deem appropriate. No such bearxng sha_l^ ^ manciatory, but wholly within discretion of the Counci^ exceg^ that a hearing shall be held ajt the request of t^ applicant xn cases of license revocation or denial. Subd. 5. Joint Use Standards. Jo int uses shaadhere to the following standards; A. Any association o^ rip«'irian and/or landowners witFin a subdivisX^ ad^a^ent^ initiates a new ioxnt use shall adhere reguiatioi^^^g such use sha 11 have more than one hoa_t s 1 ig ■ ib.^6. B* Any “ioint us0 xn th0 RS 2onxnq ^Y ^ nnt-for-Drofit ^aanization or liFociation providing tr_ansi_e;^ bo^ 1 nf~k l?roDerty used for day-use recre^ion^ or “ mplna PuFpliel fKairls^o^^airla conjuncrign Silh a ^lTd~^^dfo^Hil~u^ permit for said use issued. ^ the Council* C Parking f aci lities not a I lowed._ No joint use shall be aporo^d which necessitates proviiion of pary,na §~r wfficTT c'?ittii~thr~.?iS'd for parking on an^ street rioht-of-wav, SECTION 2. Section 5.43 is hereby added as follows: SEC, 5,43. MARINA BDSIWBSS LICENSE. 1 nefini^^^ns- For the purpose ttois sectionj;. U * it Pd^^ water•15it~Slip, Land’, "Boat Slip,. |he t££3^, fTrr~T?ai{iIirt"~ihin 1 have the meanings given theVi^o~tI5^5Ttfr~The following terms have the meanings given them: A "Business Use" means engaging in either a „,rina businesTor the buil?es-i-jf. docking^ moorina or storina boats B. "Marina Business." means encaging of the permitted; accessoF; or condition^ a i lowed wg^In aM *5^2 zoning district. Business 2i, |2|^ SSFsons ot^rThllTthe owner or occupant of the propert:^ exc_^ when llcenaed as a joint use. Subd. 2. License Required^ It is unlawfi^ £or |S1 person to~;i;5Igi~or participate ^ laving obtained an annual license therefor from the Cita- Subd. 3. License Application.^ ^ E«£2:^^ ff persons maHnTlIisniiliEliE?^ ,^^mlfilH as forms provide^ the City and sh^l provide r" .eh on~u^ i53y^e^ deemea”necessary b^ the council iB I^lT^arionr The fee f^or license applications shall n------------- ordinance. subd. 4. Public Bearing. Boon filina 2l for license, the CounciJ. - T^g ^^jj^^f^hX~mandatorv, but ily deem'1^pi^rlltir“No a iSk^ wholly withj^ th_e discretion oj._t^ aonH'i^i'nt in "cases oF license shall: be ^ the request of applicant in ca- - - --- - - - - revocation or denial« X Subd. 5. Business Use Standards. Businesses required to be licensed under this section shall adhere to the require|ments and ^rformance standards of the fi-2' zoning "district and per the following provisions: A. Insurance Require^ Each business shall provide certifTcation of liability insurance coverage for the duration of the license period. B. The primary business operator on the property shall be the licenseholder> and shall be responsibJ e for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not ^ separately licensed but shall bj avowed only when in conformance with the provisions of the B-2 zoning district standards. Subd. 6. Business Os^ Licenses Limited to B~2 Zone. No business use shall be licensed in any zoning dTstrict other th^ B^ 2, exc'epF^hat when a business use is allowed by ordinance ^ another zoning district> such use conducted in said district shall not be required to obtain a license. SECTION 3. Adoption and Publication. This ordiance shall be published in THE PIONEER and THE LAKER and shall become effective immediately upon publication. Adopted by the City Council of Orono on the 14th day of December, 1992 by a vote of _ _ _ ayes and _ _ _ nays. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor // TO: raOM: DATE: SUBJECT: Mayor Callahan and Orono Councilmeinbers Ron Moorse. City Administrator Michael P. Gaffron. Asst. March 3. 1993 Lakeside Marina - In/Out Launching Issues Planning & Zoning Administer •>2'' ^ ^ % % % The attached letter to Lakeside Marina from LMCD dated February 19th discusses the issue of in/out watercraft launching. LMCD is advising that they will not allow such use. and expects the marina to document compliance by submitting records, etc. Mr. Dunn has asked staff to forward this letter to Council, requesting the City to take a position on this matter. I advised him I would place it on the March 8th agenda, ai.J further advised him that if in fact this use does occur, the City will have concerns regarding compliance with code requirements for parking as well as issues related to dry stack use. Note that Section 10.41. Subd. 5(A) requires six parking spaces provided for each ten boat slips "on water or on land". Section 10.41, Subd. 8(1) indicates that "if outside boat slip (land) storage facilities are provided, the boats shall be stored in such manner that they do not create a fire hazard. Any outside structures for purpose of storage of boats may not exceed 15’ in height. Dry boat storage areas may not be located in the required yards or landscaping areas The other code section which may come into play is Subd. 12. Non-conforming Use. which in item A indicates that "any marina operator who increases the number of boat slips, ^at buoys or overall length ot docks beyond what he was previously licensed for by the City, which increases are authorized by ordinances of the Lake Minnetonka Conser\’ation District, shall first decrease an equivalent number of boat slips or boat buoys and eliminate an equivalent length of dock from that portion of his diKk that is non-conforming under the terms of Ordinance No. 1 of the LMCD. . ." This is the only section of our code which even inkles the type of water-slip- for-dry-stack-slip trade-off scenario that appears in our dry slack agreement with North Shore Drive Marina. Please advise staff as to any response to Mr. Dunn regarding this ijsue. ♦ LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160 • V/AYZATA. MINNESOTA 55391 • TELEPHONE 612 473 7033 EUGENE R. STROMMEN. EXECUTIVE OIRECTOP February 19, 1993 ~ CERTIFIED MAIL BOARD MEMBERS David H. Cochran. Chair Greenwood Tom Penn. Vice Chair Tonka Bay Douglas E. Babcock. Secretary Spring Park Scott Carlson. Treasurer Minnetnsta Mike Bloom Minnetonka Beach Albert (Bert) Foster Deephaven James N. Grathwol Excelsior JoEllen L. Hurr Orono William A. Johnstone Minnetonka Duane Markus Wayzata George C. Owen Victona Robert Rascop Shorewood Tom Reese Mound Robert E Slocum Woodland Mr. James Dunn Lakeside Marina, Inc. 3324 North Shore Dr Wayzata, MN 55391 Dear Mr. Dunn, We recently became aware of your advertisement which we understand was offered at the January Boat Show in the Minneapolis Convention Center. That advertisement, copy attached, offers in part^ "Dry/Yard Storage" for "unlimited in and out" watercraft launching and customer parking for the summer mon^’.hs. Lakeside Mari.ia, Inc. is licensed for a total of 77 watercrait. or boat storage units (BSU) at its multiple dock facility. Storage of watercraft at an off-lake storage facility such as you propose may be established only by expanding existing facilities after obtaining a Special Density License and a new dock license according to LMCD Code provisions. On the basis of the 77 BSU, Lakeside Marina Inc.'s multiple dock license has a grandfathered boat density of one boat per four feet of shoreline. Because of this grandfathered density condition, the Lakeside Marina, Inc. multiple dock license would not be eligible for further density allowances. The maximum density allowed under current LMCD Code Special Density provisions is one boat for ten feet of shoreline including boats stored on land, as well as those stored on the waters of the lake. Based upon this analysis, we conclude that your offer for "dry/yard storage" with "unlimited in and out- service is not allowed over the 77 ®fUs under your current license. This service is not eligible for additional BSUa to your current license. In order to demonstrate your compliance LMCD Code Section 2.045, copy enclosed, the LMCD will require written documentation in the fo contract, order or agreement. for LMCD inspection, as to the watercraf at your facility being either: a. Awaiting repair or maintenance service ___ scheduled by an identified date on the r^„air or maintenance document. Lakeside Marina, Inc., 2/19/93, Page 2 b. rr' c. d. Available for brokerage sale under exclusive cont rol of Lakeside Marina, Inc. , documented by a reliable listing of ownership by state watercraft registration number and appropriate watercraft description showing current owner name, address and state. Under ? paid deposit written rental agreement for purposes of occupying a dock slip for the current season. Any other temporary storage documentation of watercraft identified as awaiting pick-up, specifying an approximate pick-up date. The aforementioned conditions are effective upon receipt of this notice. The District reserves the right to call for an inspection of existing watercraft in storage, on land or in the water, upon reasonable advance notice, generally within 24 hours of the intended inspection. Accepting watercraft for "Dry/Yard Storage" for "unlimited in and out" service over the licensed 77 BSU will be considered a violation of the LMCD Code of Ordinances. Continued advertising by any means of "Dry/Yard Storage" for "unlimited in and out" service will also be considered evidence of a violation of the LMCD Code of Ordinances. Code violations will subject you to civil or criminal enforcement proceedings, as well as license suspension or revocation. Please advise if you have any questions or are in need of further information concerning this watercraft storage requirement. We expect and appreciate ycur cooperation and compliance. Sincerely, E MINNETaWA CmSERVATION DISTRICTLh^ / _ _ _ _ _ Cug^e R. Strom men ExectTtive Director End. c: LMCD Code Section 2.045 Lakeside Marina, Inc. advertisement City of Orono; J. Hurr, LMCD-Orom L.MCD Board of Directors § Section 2.045. Off-Lake Storage Facmijes. storage facilities »«ybe reflated o^ ““h®a«'Vons?ste“^ most gen«al Public use of the Lake, pSbllc safety, and LMCD Lake Use density policies. Subd. 2. General. "«?iln5*t Spec'l-l''DensTty^Llcenle and a new dock license under the LMCD Code. meanings: .) "Off-Lake Storage ;|;;“club,*"bu*.ln..1i“'« mooring area or f^h^the stora'ge of boats or watercraftassociation in conjunction tne storage off the water of Lake Minnetonka. b) ''Full-service Marina” shall mean ®^®*^g"*^,]^i5*'busines8 or more employees on duty s®^®" He* at lea^t the following SSurs in the boating publ‘»- ” °5 ”wi«aft° facilities, boat repair service, telephone and emergency towing. c) "Limited off-Lake ^^rage resolution by a of the Lake on «, ]"*Ph,*2°5j5**o * Wrectors of ^he District a"f majority vote of all b**.* in which it has been determined file in the offices of ^•‘V^’A'^^-c^sds one boat in use for eech that either a) Lake '.age periods, or b) twenty twenty (20) acres “““f in the mss are cuetomai^y Dvrcsn^ or ®or# o£ th® boats density sscsods on# boatS:5d in part, of the Lake wh«re I-h. f e p..k „»a,e in use for each twenty (20) acre* periods. iiie.id»« must i'i“t ^in ?dVA “iin%%“^”rerV^^^^^^ ?SqSire.ents, the following condition.: use density exceed* one boat in twenty percent or more “Her at piak uaage facility are likely to *>• boats stored use density exceeds one boat in parts to the Lake where La^ d-rLr.^ uia*;% .. . . . . I'.r etch v-t.'.v/ (a.; t--%» -- -28- i I h 9 •• n : (Rev. 7-92) c) Established Marinas. Off-Lake Storage Facilities may only be estlbtlihed at Full Service Marinas. « Itn{^« Facilities must include staging d) Boat Storage ' „hich orovide storage space in a docks for loading “”3‘’cr__?ge unit on the water for each threeratio of at least one Boat Storage unit (3) Boat Storage Un^^o^f^^of off-Lake storage, the facility mSsrh^rine launching ramp and one launching device. „„ ti “““ lakeshore. £, Frontage for Staging. Continuou^^lakeshore^f^^^^^^^ ??l;agfunir:rthrficii!ty"’whether stored on or off the Lake. -he City In which it is located. Subd. 5. Existing Facilities^ oYLVernbV/lB^mT^shau'be from December 28, 1987. section 2.05. special Denrlty License. subd. 1. ®°®it“of*2Ie'’lf*Lake Minnotonk “and the determined that the reached a level which ®®o*®*Jdensity of storage on the Lake has rea docks and mooringIh. llmitalion on ‘h® conatruction of ^ ^ facilities provided for herein. It is cne pu*p an increase to Mduce environmental u corresponding i""****,i3in boat ■tor«9® on.tho Lake witnou boating available amenities and and enjoyment of t.ne < "the “o-Vtibi tr= f “nearby —/^>„<;‘'®. t‘.“nsienV’or S;tng .> nrSd! whether intensity of Lake perminen-., the degree of services or e">«ni-^®® “*:u^a"b:e tf ^h." p'ubric u“s?ng\^h% Lke. The District has determrned -29- RECEIVEDFEB 41993 mTuLf)KESlOe MfUUNa. me.ao*$1295 24’ — $1560 30' (Rates include inside winter storage) $27 III INCLUDED AT NO ADDITIONAL CHARGE: Pump-Out Facility • Use of Canoes and NewYamaha650Wave Runner • Electricity & Water • Vacuum Cleaner • Battery Jumps • Trailer Storage • Boat Launch • 24 Hour Security with Locked Gate • Ample Parking • Spring Power Wash • Full Time Dock Attendants • Guaranteed 24 Hour Service Response and Analysis • Do-It-Yourself Boat Yard • 25% Discount on Accessories • Guaranteed Lowest Price on 90+ Octane Gas • 24 Hour Accessible Restrooms • Picnic & Bar-B-Que Beach Area • Spring Open House & Fall Customer Appreciation Picnic • Boat Handling Instruction • Boat Surveys • Special Rates on Pontoon & Party Boats ROAT HOUSES NOW AVAILABLE TO LAKESIDE SLIP CUSTOMER^ PURCHASE 20 — $995 + $250 (Set-Up & Storage) 26 — $1200 + $250 (Set-Up & Storage) 30 — $1450 + $250 (Set-Up & Storage) 36 — $2995 * $300 (Sel-Up & Storage) LEASE 20 — $30(VYr. + $250 (Sel-Up & Storage) 26 — $400/Yr. + $250 (Set-Up & Storage) kf. 30 — S450/Yr, + $250 (Set-Up & Storage) ___ _ 30 —$1000/Yr. +$300 (Set-Up & Storage) Includes columns, bows, ribs, vinyl cover & all mounting hardware DRY/YARO STORAGE: SUMMER ONLY • Launch A Partt (Urilimiled In & Out)............................ $249 (Show Special -$I99) • IE - 24' Boats (Ramp Use. Customer Launch)............ $M9 (Show Speciat - $499) a IE - 24 ‘ Boats (In & Out Service, Lakeside Launch).... $(>49 (Show Special - $799) WITH WINTER STORAGE $499 (Show Special -$399) $749 (Show Special - $689) SI 049 (Show Special - $999) ♦ Monthly Dry Storage - $3.50/Ft. per Mo # C»aily or Overnight Dockirrg - .80/Fl. per Day ri Mayor and City Council Ron Moorse, City Administrator March 2, 1993 Volunteer Commission Candidate Interview % ^ TOt FROMi DATIt SUBJICTi The City has now received 11 applications for tmlj^lanning Commission, 3 applications for the Park Commission and 1 application for the West Hennepin Human Services Planning Board. The applications are attached. The Council may at this time wish to schedule a time for interviewing the candidates. The Council has in the past scheduled these interviews at the beginning of a Council meeting agenda. • • (I .1 fo *0 '••A \ * i‘.v :'*, fit CITYof ORONO Municipal Ofllon pQMOflIctBoiM Cr?«ai Bay, MlnntMU 5S323-00M telephone -473-7357 • FAX-4734W10 APPLICATIOH FOR CITIZEN ADVISORY COMMISSIONS Coraniission Applying For: rn Parks Commission Nams Addrass n Community Task Force (Name) ^5D ♦ Planning Commission post Office s Sip code Telephone (H)orrh-'lu^ Resident of Orono 4r years. (W) Mork BxpeKieoee: Bdocatioa <1. Cielc end Volunteer Activities (pest end present) x wPlease state your reasons for wanting to serve on this Comnission (Please be as specific as possible. Ose additional sheet if necessary.) llliat is your view of the role of the C lission? Other Coaaentss thi pac_ _ _ _ to Isclade any farther lofomtiM you would like the City Coancil to consider, or that consider*> I understand this appointsent iting. say be discussed at a public ^ Mgnaturs 1 Date fM 2 ®19» January 22, 1993 Orono City Council City of Orono P.O. Box 66 Orono. MN 55323 Dear Orono City Council Members. Enclosed are my application for a position on Orono Planning Commission and related information regarding my qualifications for and interest in this opportunity. In summary, my work experience includes more than 20 years in marketing and communications management in a variety of senings. Ba^ on my experience, I offer an understanding of consumer behavior from a marketing perspective and how to communicate with numerous publics on issues of mutual interest. My background is not specific to some of the specific engineering, legal or construction orientations necessary to the Planning Commission. On the contrary, perhaps I offer a business-oriented perspective to the mmy important issues before the Commission, including a healthy dose of experience in relating to the public in a variety of situati My education includes a Master’s degree and I am currently a community faculty member at Metro Slate University in marketing communications. I have held key positions in professional trade associations, including the American Gas Association and the Mmnesota Blue Flame Gas Association. My civic and volunteer activities include Big Brothers and Big Sisten of Greater Minneapolis. We Can Ride. Sierra Club. Minnesou Artists Association, Twin Cities Waiercolor Society and Save the Luce Line Area Committee. My reasons for wanting to serve on the Planning Commission include the desire to explore opportunities to creatively balance the need for economic growth with the environment in a manner is consistent with the quality of life we enjoy as Orono residents. I have become somewhat familiar with the Orono Comprehensive Plan and believe it provides a framework for finding ways to strike the right balance. No doubt the most significant issue facing our community is the proposed expansion of Highway 12. I believe residents in both our state and our community will look to us for the resolution of this important issue. In my role as a corporate executive in the energy industry, I have experience in consensus building, balancing growth with the environmem and communicating with various publics. I would like to put this experience to use on the Planning Commission, particularly as it relates to this project. Page 2 In response to the question regarding my view of the role of the Commission, 1 believe the role of the Conunission is to advise and recommend to the City Council and others suggestions on ! d use and related issues. I believe the Comprehensive Plan provides guidance, yet issues at hand will test our ability to strike the balance mentioned earlier. Finally, serving as a member of the Planning Commission would allow me to give back to the community at large in some small way. I welcome that opportunity. Cordially. Sandra S. Smith 30 Orono Orchard Road 473-7658 Sandra S. Smith Summary of Credentials Educational Achievenients: Master ’s degree. Journalism, University of Kansas Community faculty member, Metro State University Key Posit Held: Smith Conununications, 1992-Present Consulting in Marketing Communications and Public Relations Northern Stttes Power Company, 1989-1992 Director, Communications Director, Public Affain Minnegasco, 1985-1988 Director. Conununications U S West, 1978-1985 Moumain Bell Assistant Employee Ctunmunications Manager Business Communications Manager Advertising and Promotions Manager Marketing Planning and Promotions Manager Northwestern Bell Advertising and Promotioas Manager Strategic namiing and Promotions Maiuger Colic & McVoy Advertising, 1975-1978 Account Executive KLEO Radio/KWBB Radio. 1974 News Reporter/Air Personality Parkinson Strong Prisock. 1972-1973 Account Services Len Alfano Advertising. 1970 Account Services Ftofi al Associations! Miiuiesoia Blue Flame Gas Association American Gas Association i;^ • ii *if - ^ ^11 ^ €ih% M GlTYofORONO MiuiidpHOfficw PanOllktBavM Co«al >■)( MhMMMtt 9J92MMM TELEPHONE-473-7357 • FAX-4734510 APPLICATION FOR CITIZEN ADVISORY COMMISSIONS Commlasion Applying For: n Parka 0*^1010133100 □Conuoun. Task Fores (Name) Nam«A j ^ i- t ^ J ftdt^ Planning Commission Address Post Off ic* a Zip Cods i 4 » /e ^ Al ^ T«l«phons (H) _H7l » a <t rc (w) ^ - 7 J o 0 R3Sid«nt of Orono / 7 ysars Work Isporloaco: 1 Tf >0 ^ ^ a vj ^3^ y<* vhs ■doeotioa __B G /A U ^ i u ^ < I (f 7/V /V ^Jo 0 U M *«-' »0* e«J A ^ 4 Civic and Voluntoor Actisitios (past and proaaot) s ^ ^ ^ ** ^# I I PX«as« stat* your reasons for wanting to serve on this Conission (Please be as specific as possible. Use additional sheet if necessary.) ^ -f j ±11 (f ^ ^ i 4 ft ^ ^ ^ .21* A />tw» Seiw* >(/>*» / L. t ^ Oa ^ A » 4 A gLf at.a ^fC »»ns ^ «s ^ • K • « I C^ /lib. ^ % #V%^ /V» Nhat i® your ®ioi# of tho rolo of tho ComisoioD? ^2O ea i j i ^; u.-/f e I • .M <fA v»__2t-----/A 4 *■.<.>2^ a # e* ^ \ ^ ^ ^ 'h ^ * R^ »»v«^ ... ^j_tk C>n o Other CoMentss (Use this space to Inelade any farther tnforastion yon weald like tbe City Coancil to coaslder# or that you feel is relevant to the appointoent yon are seeking. esy also attach other naterials you would like the Coancil to consider.) I understand this appointaent aay be discussed at a public ^ting. 4 % • » •f !!*> /jLi //o V GITYof ORONO Mynidp«IOflk« Pm Crytlal Rqi MI mimd Ii fHZ3-006» TBtXPlHlNE-473>7W • FAX*4734S19 APPLICATION FOR CITIZEN ADVISORY COHHISSlUNS Comnisflion Applying Fort f~l Parks Commission Community Tosk Foroo (Nama) Planning Commission Nama _V. (j Ha«cni Addraaa Cm BdJI puat errica t coo* .eiA Ulg, Talaphona (H)(W) HIS ' Raaidant of Orono yaara Nork Ss^Elancai i\ IHl fa« Ttfcri ^/jl. lnr.l&mmUr, i»Jii S«t; Ouwwr-ofMiw a. mIod gyu^MiW IftfilHTK ■dooatiaa 1^ Ell. (^WK (jiUe: HW-. kSttf skrfM.ttbT-wim in Civic and Volaataar ActlvltiM (pant and Pfcaant) i ^ )iR3L £a Please state your reasoni; for wanting to f.orve on thia Coiwnlsfilon (Please be as Specific as possible. (Iso additional chcet if necessary.) u/ort^ (U> d£, Q uc[v^^8ta?^ .^evvivi^ lv\ > CfywtlMUUtU.. ___ What ifi your viow of th^ fol^i of tho Coimni saion? Cli au. akidis*^ ^ [auH u*<, \Mtuwt44), etc,, 0M& a& a^^ olviooti^ 1>©A^ cai«W*. ^ _________________________________, __________________________ _ Other Coi*»ents: (Use this space to Include any further information you would Uke the city council to consider, ;]■ vou feel ia relevant to the appointment you are aeelcinq. Tou My also attach other materials you would like the Council to consider.) . .. ^i)rW!;:t^ u^f (to ^ c>^ (ftMU V; m meteii ‘iMMjii- (J^I^ ,yW<«v<,rt a...... Hii U.tf (it.i^ft.M»LcUc«t IM. ff cw4 I understand this appointment .aay be discussed st s public i nn. ^lllO^Jau ^ V » * CITY of ORONO MunkipJ OSi f*3!t34)0M PoA Offlct Bo« 66 Cryiul Bay, MinnaMU Uu. telephone - 473-7357 • FAX - 473-0510 APPLICATION FOR CITIZEN ADVISORY C0MMISSI6nS FEB 2 5 19S3 Commission Applying For: Parks Commission Planning Commission Community Task Force (Name) Name JANICE BERG Address 2655 lydiard avenue Post Office & Zip Code SIOR. MM Til Telephone (H)471-7462 (W)a 5 1 _ 0 226. Resident of Orono years Work Experience: Raal Estato Lender, residant^iai anH niin Planning and zoning for City of t banks# savings and loan, morraagp ww eo Edncetion High achool, some college# various courses in night school# contijiuing education in real estate and seminacs. • Clxic end Volunteer Activities (pent sod present) * Present: President Northtonka Crime Prevention Coalition. IntecJ>ith DU ssoc 14111 on ot th# Twin Cities - Meebership Com ittee# Community Relarions ComflUliity* ILII HUUSilWJ LUlUUIlLr I CIVIC AND VOLUNTEER ACTIVITIES: PAST:Our Lady of the Lake Women's Council - Vice President and President. Our Lady of the Lake School Board President! Home and School Presiden Set up volunteer program and headed it up as their Volunteer Coordinator. Set up Library and organized it. Set up Fundraising programs. Served on various committees for employers such as sales and service and employee recognition. 1 Pl-ea&« state your reasons for wanting to serve on this Commission (P.\ease be as specific as possible. Ose additional sheet if necessary-) Given my career field 1 am very interested in Land Use Planning. aidU £6Al■1—diSU we need to give time to our community. With this in mind 1 would like to serve on the Orono Planning Commission which is dll 1 can bring some knowledge to. AlsoarmrrffS I can onng some knowledge to. Also <ny work experience in a planning department for the City of Richfield has given me an uiideistandin^‘6f the planning and zoning process and the importance of effective land use and land use planning. ffliat is your view of the role of the CoanissioD? 1 view the planning commission as a policy making and implementing body tb SCf6dCiV‘ely represent the residents, businesses and city. This is accomplished by listening, understanding, and implementi.'.g policy by ana educating on effective land use for both now and the future. _ _ _ _ Oilier ComBeuts: (Ose this space to include any further iaforaatiee you would like the City Council to consider, or that you feel is relevant to the appointaent you mrm sMkii^. Tou My also attach other naterials you would like the Council to consider*) 4 nr't MlI am very committed to preserving the environm*___ of the city, its residents and the business community. : understand this appoint ting* ae.^t Bay be discussed at a public Signature Date •> /*</ V<# CITYof OROm Mtinidpal Offices PM Office Bo« <6 Crytut Bay. Minimoa SS23^ ' ---->lfnl U i. telephone -473-7357 • EOC-JTWISIO ''JAH 2 2 iSB5 APPLICATIOH FOR CITIZEN ADVISORT COMMISSIONS Cotnnission Applying For; f~] Parks Commission ^ Planning Commission Name Addrass ~*1 Community Task Forca (Name) OH X0'<*\JN /?^/^ P ■ O Post Office & Zip Coda CL f. ?LAltL J>^9 Telephone (H) ^^73 ~ OO'^*t (W) Resident of Orono ^ 3 years Work Experience: jIAal 'iO(K SdciC-l i o<^hCI\± ttn j7f.aL ("ftsA" I SAL^ tvA y f/H "TfC h'. ai *:.c^!^£^0 ^L-At^ Bdocetioo (=? . fAfC-t* 3 ^ //< g A/^ iU( o (f ^ r /V Cl*lc and VotaDtMC Acti*ltl*» (P««t ••«* • ^^/f/»A/Au a c ! e f* - Ui'SCf^ '-\ <1 ! T y C f t C. ! t~ /»7 /*• vour reasons for wanting to serve on this Commission bf a. .pec??ic a. possible. Ose sddltlon.l sheet if necessary-) /X f\, r> 5 ' Ilf c t ^ A r' V 7 What is your view of the role of the Coemission? jxfi .r- ,/-,6 ArfP ^ -''•tL tv\ A OA 7 :> At t ft s (X A. . I I n/ consider.) I understand this a • "•intment fting. Signature lay be discussed at a poblic ;/ I f ^ ■ ' Date ^ ' '''o O "CITY of ORONO /.■:7. .• A >'>..'fc f A Muiiidpal OfBctt PonOfiln Bo( 66 Ciynal Bay. MinmaaM 52323^ telephone - 473-TJ5T • FAX - 47^0519 ?E8‘ 1 7 19M APPLICATION FOR CITIZEN ADVISORY COMMISSIO Ke Commission Applying For: CTY(»1 * IlLCil Commission or ^ Planning Commission "n Community Task Force (Name) Name OOUII am £. VjJRoi:?l€c05ki Address (q 3o "Pa^K UoMe Post Office & Zip Code Telephone (H) *4^2> 2 (W)349-97S4 Resident of Orono 3'/z years Work Experience: . }APifaaM^ hmUr- fhi^ pmvoous ^ iUQ oW A e0jj/4e&- ^ ^ PrC\J0mJrKhJ 'fo^ Asrte dc0tMO^Ttf^ Bdneation ’ ^ 3..S. .»f AIiM/u J a<^w/«A^i^ (J/b'v^-'L ^ Civic end Volunteer Activities (pest and p upmU^^ attMf/ iA).4trf>e I sOaJ»|!6 t): Ahdarv.fir t^CtJS 1 Please State your reasons for wanting to serve on this Comission (Pleasebe as specific as possible. Ose additional sheet if necessary.) I bu^ks»S jjBm l£*tr*fr a. Pi -fe. l4cu.eL^. O l^ e^^4n^ iy Oek^ei T sg^« hMe. fe.-u^ hxz> ac^^-6> \04IL Ifliat is your view of the role of the Co««lsaion? *17^^ rV< va6*<«-^ ^ ^ o JjU xaJ iru$^.eA/nJe. Other Coaaenta: (Ose this iafonntion you would like the City yoo feel is relevant to the appoint" also attach other naterials yon consider.) Rioiu 1979 fe I9&S' 4ue 'Prtvp . l.Aaei*»Jncee lbs 1979. . to include any further Council to consider# or that int yoo are seeking. Too ■sy would like the Council to 4‘/g.yddr:» ivo J7/. So^Ts/i I understand this appointnent nay be discussed at a public ftiog. Signature Date CITY of ORONO . 0\\ Municipal OSCM !» PortOffctBoi 66 ^ • ~ ^ " *V ^ . 1 1 Crystal BaVo Minncsoca 5J323--0066 1 . O'^ f. **2*'; 1 ’L i Municipal OScaa Port Offlca Box 66 Cr^nai Bay, Minnooca 3S23-0066 telephone -473-7357 • ECC-473-0510 APPLICATION FOR CITIZEN ADVISORY COMMISSI(fl^ ** ® Conmission Applying For: n Parks Commission I I Community Task Force (Name) Name A/£/L ^EUP^L_ _ Planning Conmission Address ^ ^ ^ ^ C a/. Post Office « Zip Code ^S~S~J^ Cr Telephone (H)V74- OS'/Z.(W) ^yA */S2< Resident of Orono work Isperience rnyK fc. »*- y A*_ _ _ _ _ _ _ Idncatloo Cieic and Volunteer Activities (pest end present) * Ai<^ \yr DiAas^ State your reasons for wanting to serve on this Comission (Please be as specific as possible. Ose additional sheet if necessary.) //^ ■— Is your view of xhe role of the ^ -/. —a<^..*rf Y ^^rTrt.rrjrt other C®“*“^** ,i*'*%^Vhe Cooili”to "coM^it^iBforMtiea you would like th^i^c^ .Bsklog. You -ay coDSider*) I understand this appoint«eot ting. lay be discussed at a public .r . f c»CITYofORONO Munkipal OfBcat P<xf Offi^ Bo* W C171UJ Biy, MtniMiou 55323 Tft gPMQNE-473.7317 • rAX-47>«5lO FEB - 6 1093 APPLICATION FOR CITIZEN ADVISORY COMMISSIONS Coramisslon Applying For: n Parks Comoission Q Community Task Force (Name) x((xl Planning Commission Name A I nronf Address 4460 North Shore Drive Post OfYice 6 Zip Code Telephone (H) a??-65Q5 (W) Resident of Orono Work Bsperience: A Trtni And nf Rotation Engineering, which I founOeO in 1^73 and IKf PQW flIlPiflL Edocatloo Attpnrt«*d HooHjni ntPHflPfl niirMTfldA Cl*ic .») volant-, -tlolti- (P..» — Pf“‘> * Please state your reasons for wanting to serve on this ConnBission (Please be as specific as possible. Ose additional sheet if necessary.) ______ 1 believe that nmnn Ic InnUn/^ At ^ hiiiMin/^ hnnm i/ary chnrt Lu,, and must havo an nvprall plan nnr fiitiirA ftfuMBiant inriustrUl daveiopemant, or it Wp'rp tn gtay a r-i^c ii ^ 1 i-rMnm..ni ty ha.in tha rtpp^r^.ifti to Plan now. Iflint is your view of the role of the Coeelssion? The rnlp nf »ha r/vnmiccinn tc tn ^ciirfl a plannart- nrrfprly qrrti.ith nf Omnn, hihi la at thA.fimft timfl makinn fflirft we are In tunc with the w Otb.c CeM*nt.< (0«. tbl. ^ iaConattoo you weald 11b# tb# City Ceancll to ceaaldar. or ^t yea (ael la rolavaat to tbo appolotaoot yao .ro *71 “J • Xeo attaeb otber Mterials you would like the Council to eouaideCa) I uaderatand this appointi ftlog. i«nt aay be dlscneaed at a public gnature Date L fo CITYof ORONO .\ \ • L''. r s r ^ fif'/>.'?A// Nfunici^ OfEcci Pctft Offlct Boi 66 ComJ Bay, MI iiimmu TXLEPHONF-473-7357 • TAX I! SHOg APPLICATION FOR CITIZEN ADVISORY COHMISSim^- ^ 6 • • • •« Conunlssion Applying For; n Parks Commission X| Planning Commission I ~l Community Task Force (Name) Name Charles D. Nolan, Jr, Address 435 Old Crystal Bay Road Post Office 6 Zip Code Long Lake, HN 55356 Telephone (H)476-0570 (W> 546-3206 Resident of Orono years Work Isperlenees Nolan Brothers, Inc.; 15 years of experience In the commercial construction^ real estate development business. Responsibilities include; Planning, design. financing, construction management and property management^ ■dneatloa Bachelor of Science (Finance and Harketini Master of Science (Real Estate Development) Kassachi itut^ of Technol Civic and Volantaar Activities (p«at and present) * Pi^^ase state your reasons for wanting to serve on this Coraission (Please be as specific as possible. Ose additional sheet if SEE ATTACHED What is your view of the role of the CoBSiissioo? SEE ATTACHED consider.) SEE AHACHED I aoderstand th*s appointi fting. >ent «ay be discuss d at a public z/uA^ Oitenature REASONS FOR WANTING TO SERVE ON THE COMMISSION: I have lived around Lake Minnetonka for most of my life and have witnessed the significant changes that have occurred (positive and negative!, particularly in the past several years. Given the recent completion of 1-394 and the proposed reconstruction of I-35W it seems clear that this area (Orono in particular) is directly in the path of growth. Over the next five to ten years Orono will face its greatest pressure for growth and change. The growth of our community is inevitable, but depending on how it is managed it can be either a positive or a negative change. I would like to take an active role in helping to shape that change.I believe that with my education, knowledge and experience I can provide a valuable contribution to the community for managing development pressures in a positive way. I also believe each individual has a responsiblity to contribute in some beneficial way to the good of their community. I feel that I can best serve my community by participating on an advisory board or commission because it's purpose is most relevant to the area of knowledge and experience I consider to be my greatest strength. I have channeled my entire education and professional career toward the construction and development industry. It is the area that I can be of greatest service. VIEWS ON THE ROLE OF THE COMMISSION The primary purpose of the Planning Commission is to play an advisory role to the Council. The Commission is an intermediate step in the approval process that serves to flush out the legal and development issues surrounding a given proposal. Also, it provides an opportunity to hear public opinions about a proposal in a public hearing format: something not accomplished during staff meetings. The Planning Commission then makes recommendations to tne Council regarding conditions of approval or denial. In this discovery process the Council is given an opportunity to study each of these cjmponents (laws, public opinion, development issues etc.) to determine a position that best supports the health, safety and welfare of the community. The Planning Commission also serves as an opportunity to search for alternatives or middle ground in proposals that might otherwise be unacceptable. The Planning Board acts as a sounding boaro for proposals so that if changes are possible or acceptable an applicant has an opportunity to modify their proposal prior to the binding decisions rendered by a council. OTHER COMMENTS: Because I have spent my entire education and professional career in the construction/uevelopment industry I can provide the following attributes: * I have a Masters Level education in relevant areas such as planning, real estate law, real estate finance, and construction. * I have 15 years of professional experience in the same relevant areas. * I have appeared numerous times before boards and jmmissions in a number of different communi'iies in different states. . nave a very strong understanding of the approval process and real estate law as they may be interpreted by different communities. * I am very experienced and skilled at reading building and site plans to determine subtle problems. * i can provide insight to the Commission as to how applicants view certain issues. * I have extensive experience in assessing development constraints and finding successful/acceptable alternatives to difficult development issues. I sincerely hope that you will provide me with an opportunity to be of service to our community. Thank you for your time and consideration. # fo o CITY of ORONO i!\ ■ U.4 », r> •«. A MunkipilOaicci taiOnnBMW Crrtui Ba^ Mtanaott SO telephone - <73-7357 .rJik CtTYO* QRQWC _ — • APPLICATION FOR CITIZEN ADVISORY commissioWN 2 2 IS® Commission Applying For; 3^*Parks Commission Planning Commission ID Community Task Force (Name) Name Address 'I'Z 6 S hSil^ if Oof^ Post Office « Zip Code /Vi^on O S>5^SL Telephone (H)(W) Rasident of Orono i-years Work Bsporionco: ClTic and VolOBfaaar activltlas (paat and pcaaaat)* L Please state your reasons for wanting to serve on this Conission (Please be as specific as possible. Ose additional sheet if necessary.) ^ (LiAAiACT^ /WL ___________(I ia AUC^ A^L^AMAy(/d lission?What is your view of the role of the Coi ^ . " .. U 4- ' fIsa/I / other CoMents: (Ose this space to include any farther iaforeatioD you would like the City Council to consider, or that you feel Is relevant to the appointeent you are seeking. You nay also attach other naterials you would like the Council to consider.) yjiiA ^ id / ]fjuj^4i/tUir uNutJiX ^ /xajuu ^ ^ CMdAJU^i^Uii / 7 WPI WELLES PROPERTIES INCORPORATED January 7, 1993 Mr. Ron Moorse City of Orono P.O. Box 66 Crystal Bay , MN SS323 Dear Mr. Moorse: I am writing to you to express my interest in filling the vacant position on the Parks Commission. I have been an Orono resident for nearly four years aiKl a lifetime outdoor enthusiast. I am also the father of two active young boys and I want to ensure that they will be able to enjoy the quality of life that we have in Orono through a well managed pork system. Separately, I have been in touch with John Gerhardson regarding implementing a cross country ski program on the Orono golf course. This is one project 1 would be interested in pursuing as a Commission member if the golf course ultimately comes under Parks Commission control. Ron, please let me know what the process is to formalixe my application for the Parks Commission vacancy. I look forward to hearing from you. ^ * J_____ 'JAN 8 190S 1100 FOSMAV TOWtn • K1 MAnOUeTTE AVC • MINNEAPOLIS. MN 5M02 • (6121 332-MS6 • FAX («12) 33S-30H /o o \' 11>•/ A, &''' CITYof ORONO Mufikipy Offices PcKi Office Bo« 66 Crvsul Bav, Minmsou 5532J January 12, 1993 Mr. Peucr C. Welles Welles Properties Incorporated 1100 Foshay Tower 821 Marquette Avenue Minneapolis, Minnesota 55402 Dear Mr. Welles, Thank you for your interest in the Park Commission vacancy. An application for Citizen Advisory Commissions is enclosed. Please complete and return the application by The Council has set Monday, January 25th, during their re^larly scheduled Council meeting, as a tentative date to inter^ie applicants. Aaain thank you for your interest in the Park Commission. You will be notified of the date and time for the interview when it has be^u finalized. SiiMerely, Dotf othyv Hamlin City Cl Enclosure 1 TELErMONE-473-nj7 • FAX -JtM !• r 4 T*CITY of ORONOV,Municipal OCBBi z'" FMOffleaBoxM Cry* B*y, Minnaoti 55323-0066■ u ^.telephone - 473*735? • EOC • 47WHI0 application for citizen advisory commissions FEB 2 4 1953 Cotninission Applying Foc» Q Parks Commission Planning Commission Name Address Z] Community Task Foc're (Name)----------------- CToh^ ^ /v^o OA^ 5 Post Office & Zip Code 0^^ ^ Telephone (H) (W) Resident of Otono work Experience: Education civic and Volunteer Activities (pest s**^ P** /#. Ae/ -- Please state your reasons for wanting to serve on this Commission (Please be as specific as possible. Ose additional sheet ifnecessary.)______luu^ 5-x^ f _______f Is your view of the role of the Comission? jm je^'Ca^ Other Coameats: (Dae this space to include any further iaforMtioo you would like the City Council to consider, or t^t you feel is relevant to the appointMot you are also attach ether materials you would like tfce Council to consider.) Z understand this appointeent eay he discussed at a public >tiog. *4 Sionature Date ~ »WIC*T1W roK CM18BI, tjivison cowissiom ccQiBiftioa Applyio? Fort O Cofluhiffion Cofssittftifcy Tt#Ji Pocea C3 Planning Ceamlaaion (NatB*) »rasi« Ad^r*p«riticwod Trtn Pogt Offic* ft Sig cedg tglftpbong <k) 47a.fino 55359 (W) 933-2275 Pftfl(9gat of Otene ' ^ wonth$ ya«y. wort Bsporlooeoi Dftvtloptd Mfttro Off let 9ftrk lr» Bloomington (195B-1983); Coflwt? 1i1 bunding _______itr (CW), co?*fHtrc1ft1 TMl ftfttfttft brokftr tnd coniultint Prftfftnt corporttlon sptciftllztft In providing lucti fti ttnant rtproftnUfloA, lllllflQ IflVnuiiiymii • • High School grid.* four ytiri/Unlvirsity of Minnftiou, ind Ctrtlflftd Proptrty Minigtf “ ^fl/t ytftr program) Cloio art Tolantaai Aetivltla# (paa% ao4 frataat)t city of Blooihfngton coBWliftlontr; Economic Otvtlcpmtnt Commliilon A Triffic A Trinftportttlon Conniftftlont ^♦Iftntly ft namOftr Cf'lH lipHATlDflgH im FUTtfTur HiIlllfVII ■■■>■■ ■# »kM rnaito {if Conmarcft' A wQfkftd on bthftif of B.S. builhfftft progrim. t rieiM it«tf your reasoo* for wsotina to oorvo en thim fr>^/Lm}/.rrtfflrmnitv »ihich wtl -thf CUy Of Bioof^ington from 1968 thru 1992. 1 flmly btHeve In cltiztn Input v1i outlets that taka advanUga of an individualt talents and axperlence. My wl'fe and I intend to m^f(a Qrone oiir parmanant hornet and 1 want to help keep the CUy of Croro the extriordlnarv Place It Is to live and.raise-a family. My 2S years in 'H l«as a developert buHdinQ oumefj etc. should prove to he valuable to the Planning Cownisalon Ifbat ia youz oiair of tbo aolo of tho Coanioeiob? To provide cofliprehensivt advice to the city Council ccncerni’^n such matters as loniaOi development and other matters pertaining to the planning coewlssion. lofotMtloo yoo sropl&^llko \bo cFtr Coonell to eoooi«oa« oo tboo otiios CoMoatot (ooo tai OPld llfco tho city coi ypp fool iP tolpToat to tho oppola^MBt alao attoeb otboz •otorlolp yoo woo coatSOor* > you aoo oooblpf* foo If liko tbo CooBoil to Family: Vicki Marie O'Neili (vrffe); Connor James O'Neill (son » 2 yrs eld); enc a daughter (Lauren Elizabeth) scheduled to be born on fay 22. 1993. I oafozBtBDf kbia apkesat MOtiOf^ o o I !> 'i V*y ^ v SStoraoJg CITY<^ ORONO Munidptl OflBcai Crystal fTMtaMoa^ telephone - 473-T357 • E\X *>*754>5I0 APPLICATION FOR CITIZEN ADVISORY COMMISSIONS Commission Applying For: Q Parks Commission Community Task Force (Name) Name Af- Address 3^^^ ^ { Planning Coinmissicn Post Office A Zip Code itMytZ4’r4 S'SSf/ Telephone (H) ^7/(W) ^7^ Resident of Orono -7 j^ears Work Bspmcience: ^/ya( r<r^i//>ra)*c:7j -7 ■dacatioo % 7^^ r /i/ntncs. J n S7U LUCf'f^/IL — Civic and Volanteer Activities (pest and present) * ro^ • #- Nb f00k •• r»State vour reasons for wanting to serve on this Commission (Please be as specific as possible. Ose additional sheet if necessa ry•) iMfkrt/ /Jit-Ah.'^iUt,y '>^-i'rrfrj.^'/a:l ,>^'e al — «r >s^L. ^,-.. /. iO c-F-^ ~fru{//_JJ- !r‘r e/U^Atlr t-f-fucJ C~fi<f<T^ -^^Ai J/tc hi*Att ^Xc c*rc\*c ri r.T- • I rCE: 10: 11 fu.I L'.’30? 10 P.OlCITY of OROffi - •• *r*A .t r^ 11 i*!i ... A,// \n\ H‘ -r" Mun/etpii OflJoM PottOtTctBoxM CrytJMl Bay, M/nnesota 23.00^6 TELEPHOM:-473-7357 • FA.\.473-fl5J0 aPPLICATION FOR CITIZEN ADVISORY COMMISSIONS Commii?sion Applying For: ^ Parks Conunisslor.QJ Planning Conmicsion CoraiTJUnity Task Force (Nsrne) NaiflO Address /J& 5* ^ a Post Office 6 Zip Cede 2^^ V Telephone (H) 9-/(W)34 S Resident of Orono years. Work Bzporience /L'- / Education t;7;^>uAJL U.y(-i:Ju - • -S^ c^i^A.Fx^^/lm-, £i,A. - y**i • /fg4 ^ • W Civic and Volunteer Activities (past and present) s <S:,gjna Msra -~ C»arL 1 r UL iIk ’i i i » ^ i . . i'. r .1.I U'-* • ' A • .Please state your reasons for wanting to serve on this Connnia«loft (Please be ns specific as possible. 0s#> additional sheet If necessary.) V .y./VZ (/. A..^ \d. ^ £^y«L ¥-^/ y^«r/ Ay9r-y (7A.dsih»:^ __ ____________ ^ a>M^ 7f /A ^ Wbat Is your view of the role of the Cosnoission? C/^ XZiuyic.'J .7^ ^Jkyrf^cs' cJ/v^^yjL Jaii^ Awt^ /2/Uif*Jar aoty^ ^oijtcl *if- JS^ 7? A.U> pjU,f.JCT ry> A0i,U ,-f- C^lC Other Coiaaentsi (Oie this space to Inolade any further informatioo you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may alao attach other materials you would like the Council to consider.) . Ac.'yOfVX^ - /yM^ c)ar<~. 'v/yAj.Z v’jr 7^ ^s74^eX ?£ 'AT. I und.rstsnd thio .ppointm.nt ..y b. di.cu.sod »t ■ pobllc sectlog. "1p9iui^€^/ ' Jzz/^A^^ signature ^ ki f -• : f CITY of ORONMunicipal OfSces Post Off ct Hot 66 Crystal Bar, Minnesota 5£3ZS*0066 ^ telephone - 47^7257 • FV\ - 473-OSlO T E f 2 e' 19^ APPLICATION FOR CITIZEN ADVISORY COMMISSIONS Commission Applying For: Parks Commission Planning Commission 3^ Community Task Force (Name) U)ej/ McjJ.Jt- Name c.Hir<LfcV J- Address -PfJ^k Post office & Zip Code /J~Zike, /^A^- Telephone (H) ^ ^(W)L /2 /-/'/i-/-:.'r‘/~ Resident of Orono years Work Experience: ruiTiCj.r T}au,i,4/jca A/-cr-7?Vdf- 74>>g- uJfixrPen^J +■ 'Amr^ c -u)n,}unr,-i. (..1.11/."^'^ '' ~ -9^^flLL^. ^1 , rr,:r-': ^;rjJr/- ecrcAn^r, ■„ I . ri.<rr^'£.’' ■ 'T: /-utiu 2 'JM /r,...-....-/W^ Education Ay^2,/ Ti z:^ pyy/0 - /i^/ !T ? /z. r~T? ^ . Civic and Volunteer Activities (past and present): '/ — rLc ^ PtzCJ MljL L - rj-j- fcu.i't^f^Tlc < /PcAir LH SS^ EMPLOYMENT education SKILLS SHIRLEY J. LAVE 594 Park Lane Long Lake, MN 55356 (612) 473-6943 Combined Insurance Company of America 1990 - Present Sales Agent Woodbill Country Club, Wayzata, MN 1902 - Present . u j r guests and serve tables. Party Assistance, Long Lake, MN 1982 - Present ,^ ^ . sales and promotions . Interchurch Community Association, Minnetonka, MN Public Relations, Responsibilities : Evaluation of volunteer staffing requirements and maintaining loluntllr records. Compiled and maintained service statistics records on monthly basis. Pedaler's Paradise Bike Ship, Maple Plain, MN 1979 - 1981 ^ ^ ,Manager, Responsibilities: Managed business relationships with suppliers, maintained small business activities including data processing, preparation of financial forms, and routine paperwork . Authorized ordering and purchasing of supplies . Life^^Health, Property 6 Casualty Insurance License. 1988 Apple IIGS, word processing, organization, fund raising. SHIRLEY J. LAVE Page 2 ACTIVITIES Epsilon Sigma Alpha International Educational service organization. Have held all offices within the chapter and van. State offices. Previous Minnesota State President. Coordinated fund jTBising BTid ovBJits for St* Juds^s Childrons and^Cancer Research for the University of Minnesota. ca.ps/or 1999 International Special Olympic Team. Worked concessions at 1989, 1990 and 1991 , ^refreshment manager for 1991 International Special Olympics. interests Golfing, skiing, reading, gardening, traveling /5 TO: FROM: DATE: Mayor and City Council Ron Moorte, City Administrator March 2, 1993 SUBJECT: New City Facilities Open House Plans <V Based on xnput from CounciImembers and from other cities who have recently constructed new facilities, staff is in the process of developing a program for the new f=»cilities grand opening/open house. The basics of the program such as date, time and major activities need to be finalized by March 22nd xn order to be included in the Spring newsletter. The suggested date and schedule of major activities are as follows: Date: Sunuay, May 23rd Schedule cf events: 1:0C p.m. - Dedication of Kelley Parkway 1:30 p.m. - Grand opening ceremony for the new city facilities - Comments by the Mayor - Introduction of Council - Introduction of Special Guests - Comments from Staff - Comments by Architect - Comments by Construction Manager 1:30 - 4:00 p.m. - Open house and tours of the facilities Potential special activities are as follows: 1. A local veterans organization raise the first flag. 2. High school band and/or choir providing music as part of the program. 3. A high school string ensemble providing music in the Council Chambers. Other details of the open house include invitations, programs and refreshments. Based on the Council's preferences and an authorized budget amount, staff will develop a proposal for Council review. TO: FROM DATE: SUBJECT: // % Mayor and City Council Ron Moorse, City Administrator March 2, 1993 Amendment to the City's Tobacco Ordinance Conc’brMn^ Cigarette Vending Machines % ^ W % Attachments; 1. Current Ordinance No. 81, Second Series Regulating Tobacco Sales and Purchases. 2. Proposed Ordinance Amending Ordinance No. 81, Second Series At its February 22nd meeting the Council directed staff to draft an amendment to the current tobacco ordinance. The current ordinance totally prohibits the sale of cigarettes from vending machines. This prohibition is to make it more difficult for minors to purchase cigarettes. The amendment is to prohibit cigarette sales from vending machines except .in establishments with an on-sale liquor license. It was the consensus of the Council that because these establishments do not allow minors, except when accompanied by a parent or guardian, the allowing of vending machines would not increase the availability of cigarettes to minors. The Council also directed that the amendment prohibit vending machines from being located in the entrance area of the licensed establishment, and chat the machines be located at least 20 feet from the entrance and within easy view of the establishmeAit' s employees. The attached ordinance amends the current tobacco ordinance as directed by the Council. ORDINANCE # ®i_/ SECOND SERIES AN ORDINANCE AMENDING SECTION 5.24 ADOPTED APRIL 1, 1984, AND entitled "TOBACCO." The City Council of Orono ordains: Section 5.24, Tobacco is hereby amended by adding the following language. Subdivision 4. Tobacco Products: A. Prohibited sales ^^es^ or‘^toblcco *^prSdult? shall sell through the use of a vendingcigarette paper or cxgarecre machine. Subdivison 5. Purc-hase or attempted purchase of tobacco products by minors prohibited. attained the age of 18 ^ under the age of 19 years purchase any have Violated this section shall be of age who is of the Juvenile Court under Minnesota subject to '='>• °'i„ addition to the dispositionsStatute Section 260.111. ^^oi^tion of this section shall SuSj;«‘tV”inoa to J “ $200.00 for any subsequ-*nt violation. This ordinance shall become effective the first day of May» 1990. Adopt-d by the council at a regular meeting held Marc. 26, 1990,“^. -i- fi' c‘ 4 1 ORDINANCE #SECOND SERIES AN ORDINANCE AMENDING SECTION 5.24 ADOPTED APRIL 1, 1984 AND AMENDED iv vRCK 25, 1990 AND ENTITLED "TOBACCO." The City Council of Orono ordains: Section 5.24, Tobacco is hereby amended by adding the following language: Subdivision 4. Tobacco Products: Prohibited Sales from vending machines. A. Tobacco products may be offered for sale in vending machines licensed under this chapter only on premises which possesses a current On-Sale Intoxicating Liquor license. In addition to any other requirements imposed by law, there shall be placed on each tobacco product vending machine a notice as follows: "If you are under age 10 and purchase or attempt to purchase any tobacco product from this machine, you will be subject to a mandatory fine of $100." B. No cigarette vending machine may be located in the entrance area of the licensed premises. C. Cigarette vending machines must be located at least 20 feet from the entrance of the licensed premises, and must be wj* in easy view of the employees or the establishment. Subdivision 5. Purchase or attempted purchase of tobacco products by minors prohibited. A. It shall be unlawful for any person who has not attained the age of 18 years of age to purchase or attempt to purchase any tobacco product. A person under the age of 18 years of age who is alleged to have violated this section shall be subject to the jurisdiction of the Juvenile Court under Minn. Stat, Section 260.il!. In addition to the dispositions otherwise provided by law, a violation of this section shall subject the minor to a fine of $100 for a first violation or $200 for any subsequent violation. This ordinance shall become effective upon publication. Adopted by the Council at a regular meeting held March 8, 1993, by a vote of _ _ _ ayes, _ _ _ nays. Edward J. Callahan, Jr., Mayor ATTEST! Dorothy M. Hall’n, City ClerK / TO: Ron Moorse, City Adminis'.rator FROM: Tom Kuehn, Finance Director * 4 DATE: March 5, 1993 SUBJECT: Insurance Renewals for 1993 Attachment: Insurance Policy Premium Tabulation ISSUE Adoption of award recommendations for renevcal of insui.'tnce coverages effective January 1, 1993. Attached is a comparative tabulation of the 1992 actual and 1993 insurance premiums, and the 1993 budget amounts. At this time we are recommending award and payment of the policies for all except the multi peril package, which is under review; the liquor liability, which renews April 1; and the worker compensation, which was approved and awarded at the December 14, 1992 Council meeting. The boiler policy includes the old and new city sites. Upon completion of demolition of the old administration building we will apply any credit due. The petro fund reimbursement policy includes the fuel tanks at the old site. We anticipite a reduced cost next year after the removal of the old tanks. The multi peril package is under review because of the increases, especially in the general liability. We ha-'-e been informed that there are errors in certain ratings and shoula have the corrected figures for the next Council meeting. At that time we will have information relati.ng to the impact of tne new facilities on the insurance premiums. RECOMMENDATION ^ ^ Tt is recommended that the 1993 insurance coverage be awarded as presented in the attachment, except for the policies under review, previously awarded, or renewing at a later date. PROPOSED MOTION: Moved by _, seconded by to award the insurances effective January 1, 1993 as follows: to the League of Minnesota Cities Insurance Trust for excess liability $31,079, and for the petrofund reimbursement $2,610; to Western National Insurance Group for boiler and machinery $429; to the St. Paul Fire and Marine Insurance Co. for small computers $500; and to the United Fire and Casualty for surety bonds $1,198. Ayes _, Nays J *OLlCY . ^ AWARDKDTO ACTUAL PREMIUMS 1992 RENEWAL PREMIUMS 1993 INSURANCE PREMIUMS BUDGET 1993 <A) Renewal approved at 12/14/92 Council meeting (B) Renewal date Apiil 1, estimated premium (C) Gross fee including commissions (D) Net fee after commissions (li» Under review Vorker Compensation i LMCIT $ 46.872 (A)S 46.178 $ 62,036 dulti Peril Package, Including Propcrt>' Vehicle Lia/Coll/Um Inland Marine Errors & Omissions General Liability Crime Business Intemiption Builders Risk - New Facilities LMCIT 7.096 8,360 3,173 7,295 35,649 81 2,090 1.558 8,316 8,827 2,590 8,216 55,288 59 IncI 93 Total Multi Peril Package 65.302 (E) 83.389 $ 67.876 ’etroftind Reimbursement LMCIT 2.318 2,610 2,410 jHiblic Employees Bond UF.&C 1,064 1,091 1,323 donies & Securities UF &C 107 107 95 toiler Western Nat’I 314 429 317 Computers St. Paul Co,520 500 500 Jmbrella Excess Liability 1 LMCIT 30.502 31,079 33,436 aquor Liability for Golf Course St. Paul Co.1,375 (B) 1,375 1,375 \gent of Record Apple Valley Agency 7.000 (C) 7.250 (D). L2.97 Grand Totals S155.374 S174.008 $171,575 ' I John R. Gerhardson, Public Works Director Jack Brinkhaus, Public Works Supervisor March 2, 1993Subject: Bid Award - Equipment & Materials Bid 1993 c- The City of Orono advertised for two successive weeks for street materials and equipment rental, with bid opening at 10:00 A.M. Friday, Febmary 12, 1993. The enclosed tabulation contains a complete accounting of all bids. For comparison purposes I have also included a copy of the 1992 bid tabulation. The accepted low bids for materials are determined by availability and location of materials. Traveling distance to a supplier is considered a cost factor when determinmg a ow bid. When renting equipment with an operator, we are guided by the type, size of equipment, and an hourly rate. It is possible to award the low bid to more than one contractor when colideiLg ™terials and equipment. In order to stimulate enthusiwm for the followmg year s work, we make sure to divide the work accordingly among these low btdders. In the event the low bidder is not available, the City reserves the right to purchase from the next alternate. 1993 I recommend that the City Council accept the bids as presented for the calendar year To: Mayor Callahan & Orono Councilmembers From: Ron Moorse, City Administrator Forwarded recommending approval. %Tiaierials and equipmentbids. For comparisonliability and location of when determining a low; type, size of equipment, lan one contractor wucn 1 for the following year s r bidders.he right to p urchase from ^ for the calendar year CITY OF ORONO1993 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATECL\SS 5 GRAVEL TONPIT DEL.FA-2 CLASS C (SEAL COAT) TONPIT DEL.FA-1 1(WINTER SAND)TONPIT DEL.Sa-Ag Inc.2.35 5.60 1.60 4.85Wm Mueller & Sons 2.80 6.40 4.50 8.10 1.75 5.35Barton Sand & Gravel Co.3.15 5.10 7.00 9.50 2.55 4.25Shiely Co.7.50 10.36**2.95 5.52**1 Volkenant ^ Sons 10.86 Includes Tax 1 EQUIPMENT RENTAL ID PER HOURLY RATEiC^T)DEL.FA-1(WINTER SAND) TONPIT del.1.60 4.85UO1.75 5.35►.50 1 2.55 4.25 1D.36**2.95 5.52**5.86 CITY OF ORONO1993 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE1 1/2" CLEAN CRUSHED LIMESTONE TONPIT DEL.1 1/2" MINUS CRUSHED LIMESTONE TONPIT DEL.3/4" CLEAN CRUSHED LIMESTONE TONPIT DEL.BSBSSBSSSSBSrSSBBSSSB^^3/4" MINUSCRUSHED LIMESTONE TONPIT DEL.Bryan Rock Products 4.30 7.35 4.15 7.25 5.55 8.70 4.00 7.05 1Wm Mueller & Sons 4.35 7.95 5.65 9.25 4.25 7.85Shielv Co.5.30 10.21**4.45 9.31**5.90 10.85**4.45 9.31** MC 30, 70, 250, 800 GALLON PLANT DEL. & PLACED CRS - 1 & 2 GALLON PLANT DEL. & PLACED RC 250-800 i GALLON PLANT DEL. & PLACED Wm Mueller & Sons 1.75 ^ ''‘1; ■*lENT RENTAL HOURLY RATE3/4" MINUSESTONECRUSHED LIMESTONETONDEL.PIT DEL.8.70 4.00 7.059.25 4.25 7.8510.85**4.45 9.31** RC 250-800 GALLON LANT DEL. & PLACED CITY OF ORONO1993 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE)i [PLANT 2331 AC TONDELIVERED PLACED PLANT 2331 MC TONDELIVERED PLACEDCommercial Asphalt 19.55Wm Mueller & Sons 16.50 20.10 24.101 Midwest Asphalt 21.30 25.25 26.00 27.00 31.00 34.05 V PLANT 2341 AC TON DELIVERED PLACED PLANT 2341 MC TON DELIVERED PLACED Wm Mueller h Sons 16.50 20.10 24.10 Midwest Asphalt 21.50 25.50 26.00 27.50 31.50 34.05 1 Commercial Asphalt 19.55 1 CITY OF ORONO1993 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATE•MOD. FINE MIX 2341 AC TON MOD. FINE MIX 2341 MC TON 50-50 2341 AC/MC TONPLANTDEL.PLACED PLANT DEL.PLACED PLANT DEL.PLACEDWm Mueller At Sens 17.50 21.10 25.10Midwest Asphalt 22.00 26.00 27.00 28.00 32.00 35.05 27.50 31.50 36.501 Commercial Asphalt 20.40 ALL PI BE DEIH.V. JoAll SteeContechALLPBEDEH.V. J<All Ste<ContecIALL P BE DE H.V. J< All Ste< ContecI IIPMENT RENTAL *ER HOURLY RATE50-50 2341 AC/MCTONPLANTDEL.PLACED27.50 31.50 36.50 CITY OF ORONO1993 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATEALL PRICES TO BE DELIVERED 12" CMP 16 GAUGE 15" CMP 16 GAUGE 18" CMP 16 GAUGE 24" CMP 14 GAUGE 24" CMP 16 GAUGE 36" CMP 14 GAUGE 48" CMP 12 GAUGE 60" CMP 10 GAUGEH.V. Johnston 6.17 7.60 9.03 14.73 11.89 21.78 40.36 63.10All Steel Products 5.25 6.25 7.90 12.00 10.00 17.00 34.00 62.00Contech6.25 7.10 8.15 12.50 10.35 19.65 33.00 60.80ALL PRICES TO BE DELIVERED 12"APRON 15"APRON 18"APRON 24"APRON 36"APRON 48"APRON 60"APRONH.V. Johnston 31.50 39.60 51.30 76.50 225.00 541.80 951.30All Steel Products 35.00 44.00 54.00 85.00 250.00 550.00 975.00 1 Contech 32.75 41.50 53.90 80.25 237 05 549.50 979.50 ALL PRICES TO BE DELIVERED 12" BAND 15" BAND 18" BAND 24" BAND 36" BAND 48" BAND 60" BAND H.V. Johnston 6.17 7.60 9.03 11.89 21.78 60.54 94.65 All Steel Products 5.25 6.25 7.90 12.00 25.00 68.00 93.00 Contech 6.25 7.10 0010.35 19.65 49.50 91.20 r RENTAL URLY RATE CITY OF ORONO1993 BID TABULATIONS FOR STREET MATERIALS & EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS - EQUIPMENT IS BID PER HOURLY RATEBACKHOEBACKHOEBACKHOEPER HOUR PER HOUR PER HOURCYRATECYRATECYRATESchoening Excavating 48.00 60.00Volkenant & Sons Vz 50.00 %75.003/4 TON PICKUP W/8 PLOW PER HOURSchoening Excavating 34.00 WHEEL LOADER PER HOUR WHEEL LOADER PER HOUR WHEEL LOADER I PER HOUR CY RATE CY RATE CY RATE 1 Schoening Excavating 2 50.00 3 60.00 Volkenant & Sons 2 65.00 MBE Inc * '90.00 PIT DEL.PIT DEL.PIT DEL.Sa-Ag Inc.2.25*5.42 1.60*4.30Wtn Mueller & Sons 2.35 5.95 4.25*7.85*1.75 5.35Barton Sand 6 Gravel Co.3.15 4.91*7.00***9.50*** 2.50 4.04*Midvest Asphalt Corp.**3.00 5.15 IT RBITAL lOORLY RATBPA-1(WINTER SAND) TONPIT DEL.l.S0»4.301.75 5.352.50 4.04*CITY OF ORONO1992 DID TABULATIONS FOR STREET MATERIALS i EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS—EQUIPMENT IS BID PER HOURLY RATE1 1/2 •' CLEAN CRUSHED LIMESTONE TONPIT DEL.1 1/2" MINUS CRUSHED LIMESTONE TONPIT DEL.3/4" CLEAN CRUSHED LIMESTONE TONPIT DEL.MINUSCRUSHED LIMESTONE TONPIT DELBryan Rock Products 4.20*7.20* 4.05*7.10*5.50*0.50*3.95*6.95*Barton Sand 6 Gravel 12.50 15.00 11.00 13.50Win Mueller & Sons 4.35 7.95 5.65 9.25 4.25 7.85 MC 30, 70, 250, 800 GALLON CRS - 1 6 2 GALLON RC 250-800 GALLON PLANT DEL.6PLACED PLANT DEL.(PLACED PLANT DEL.&PLACED fita Mueller 6 Sons 1.75* * DENOTES LOW BID 50*8.50*3.95*6.95*11.00 13.50.65 9.25 4.25 7.85 ■l*-. ,.CITY OF OROMQ1992 BID TABUIATIOHS FOR STREET MATERIALS ft EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS—EQUIPMENT IS BID PER HOURLY RATEMOD. FINE MIX 2341 AC TONPLANT DEL. PLACED MOD. FINE MIX 2341 MCTONPLANT DEL. PLACED 2341 AC/MC 50/50 TONPLANT DEL. PLACEDWtai Mueller & Sons 19.50*23.10*27.10*26.50*30.10* 35.10*Midwest Asphalt Corp.22.00 26.00 28.00 27.50 31.50 36.50 27.00* 31.00* 36.00*Commercial Asphalt 19.90 * DENOTES LOW BID . i -I tWIKNT RKNTAL ?8R BOORLT RATE:ed10*2341 AC/MC 50/50 TONPLANT DEL. PLACED27.00* 31.00* 30.00*CITY OP OROHO1992 BID TABULATIONS FOR STREET MATERIALS 0 EQUIPMENT RENTAL ALL QUANTITIES ARE BID IN TONS—EQUIPMENT IS BID PER HOURLY RATE12"CMP 16 GAUGE 15”CMP 16 GAUGE 18"CMP 16 GAUGE 24"CMP 14 GAUGE 24"CMP 16 GAUGE 36"CMP 14 GAUGE 48"CMP 12 GAUGE 60"CMP 10 GAUGEALL PRICES TO BE DELIVEREDAll Steel Products 5.25*6.25*7.90*12.00*9.50*17.00*34.00 62.00H.V. Johnston 6,17 7.60 9.03 14.73 11.89 21.78 40.36 63.10Contech 6.00 6.85 7.90*12.25 10.10 19.40 32.85*60.80* 12"15" 18"24"36"48"60- APRON APRON APRON APRON APRON APRON APRON ALL PRICES TO BE DELIVERED All Steel Products 35.00 44.00 54.00 85.00 250.00 550.00 975.00 H.V. Johnston 31.50*39.60*51.30*76.50*225.00*541.80*951.30* Contech 32.75 41.50 53.90 80.25 237.05 549.50 979.50 * DENOTES LOW BID • # V _ _ _ _ _ _M_ _ _ _ _ _ _ _ _ # rMMMMM A «■. A • julvaui12-BAND 15-BAND 18-BAND IJL 24-BAND 36-BAND M. n48-BAND 60-BANDALL PRICKS ?0 BB DELIVEREDAll Steel Products 5.25*6.25*7.90* 12.00 25.00 68.00 93.00•11 .V. Johnston 6.17 7.60 9.03 11.89 21.78 60.54 94.65Contech 6.00 6.85 7.90*10.10* 19.40*49.30* 91.20* Don Arens 11 45.00*Schoenlng Excavating 12 36.00*Volkenant i> Sons 12 42.00Hayes Excavating 10 37,50*13 42.50* TRUCK PER HOUR Cy RATE TRUCK PER HOUR CY RATE TRUCK PER HOUR CY RATE TRUCK PER HOUR CY RATE MBE Inc.14 42.00*18 52.00*22 54.00* Don Arens 17 50.00* CY RATE CY RATE CY RATESchoenlng Excavating 1/2 48.00* 3/4 60.00*Volkenant 6 Sons 1/3 50.00*3/4 75.00 Schoenlng Excavating 2 50.00*3 60.00*VolkenanL 6 Sons 2 65.00 n LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF MARCH 8, 1993 SEPTIC SYSTEM INSTALLERS: Elmer J. Peterson Co Sewerman-Merlin's Widmer Inc. Thompson Plumbing Corp ANNUAL HOME OCCUPATION LICENSE: Ginger L. Scott 2620 Kelly Avenue SPECIAL EVENT PERMIT: "Easy Race" Half Marathon Foot Race Norwest Bank - Wayzata Office Wayzata to Excelsior Sunday, May 2, 1993 Wayzata start time 9 a.m. CITY 6f(612) 47:OKONO“7 157 Post Box 66 Crystal Bay, MN 55323 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION All questions must be answered. License fee, bond, certificate of evidence of MPCA Certification must bi attathel All applications are subject to a ten (10) day approval period. 1. 2. 3. 4. Business or trade name Business address . .. o, g, /r _ _ _ _ _ Business phone fr~/S' /_ _ Residence phone ^^ ^ ^ H ^ C) 5.Type of certification heldf^Py j Install MPCA Certificate expiration date Pumper cm OF uRm FI/lA/fCE OFFICE 8. 9. „ t InntiLi Have you ever held a Septic System^nsta 1 ler liceni^il^>000 Orono before?, Most recent year p 01 C£V 50,C\ „ [7 . . CHECK 71 50 Oi Have you ever had a license revolted? yy ^ When? RECEIPTYiHl -------------------------------------------------------------------------------------^^265370 COO! ROt TIE- %/im/ i^./Do you do Municipal Sewer hook-ups? Yes No Do you pump out septic tanks? Yes X No SUBMITTALS REQUIRED: K. 1- •V^2. $50.00 License application fee. . $2000.00 license and permit bond naming City of Orono as The State Plumbers Bond will not be accepted. 550—100—300,000 minimum Certificate of Insurance. H*., Copy of current MPCA Certificate. ^ -V 3. ^4. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITQIS ARE SUBMITTED List persons other than applic. for permits under your license re authorized by you t<T~ap ply The undersigned hereby makes application to the City of Orono, Minnesota, for a license to install and repair septic systems, and/or pump out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the City of Orono. X/Xll Applicant * s Signature CITY USE ONLY Staff recommendation Approval Reason for denial: enial Date City Council Action Date Date license mailed Approved Denied €lTYof OUONO 1 SEPTIC SYSTEM INSTALLERS LICENSE APPLICATION(612) 473-7357 Post Office Box 66 Crystal Bayr MN 55323 All questions must be answere^X^Licfe^S^iee, bond, certificate of insurance, and evidence of MPCA Certification must be attached. All applications are subject to a ten (10) day approval period. 1. 2. 3. 4. C • 6. 7. 8. 9. Business or trade name ^\X) A-^ ) SJ- -- Business address Vt Q'lOvC I? —SS33_0 Business phone Residence phone ------------ Name of applicant or company representative holding MPCA certification A/ltr^liA) Al/n v\ iSfii a1----------------------- InstallerType of certification held: Certificate expiration date Have you ever held a Septic System Orono before? V(f.$ Most recent year y Pumper Have you ever had a license revoked? Where? _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ er license in When? Do you do Municipal Sewer hook-ups? Yes Do you pump out septic tanks? Yes _ No y cm OF orm SUBMITTALS REQUIRED: X 1. $50.00 License application fee.■"- - -- -■•-I- - - - - - -—s KonH naming Cityr< FIHAHCE OFFICE 1311500000 01 CEN 50.00 2: ”000^00 W be accepwifeya mi 3. $50-100-300,000 minimum Certificate of Insurance.^q2/Z6- ' 4, Copy of current MPCA Certificate. ' LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED List persons other than applicant for permits under your license /VIA—- - - --— ~ “ The undersigned hereby makes application to the Minnesota, for a license to install and repair ®®P st^te of and/or pump out septic tanks, subject to the laws o Minnesota and the Ordinances of the City of Orono. Date Applicant's Signature CITY USE ONLY Staff recommendation Approval Reason for denial: Denial Date City Council Action Date Date license mailed _ _ _ Approved Denied CITY of OKONO(612) 473-7357 Post Office Box 66 Crystal Bay^ MN 55323 %TIC SYSTEM INSTALLER. LICENSE APPLICATION < . All questions must bo answered. ^ 1. 2. 3. 4 . Business or trade name Vi/idnier Inc. Business address P.O. Box 219» St. Bonifacius. i-lN 55375 Business phone 612-446-1495 Residence phone Marne of applicant or company representative holding MPCA certification Anthony Vancferlinde_________________________________ 5.Type of certification held: Certificate expiration date X Installer Pumper 6.Have you ever held a Septic System Installer license in Orono before? Most recent year — 7.Have you ever had a license revoked? Where? _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ No When?CIT'f 0*^ DfiQtiQ nrniiCE OFFICE 15U5C0000 8. 9. Do you do Municipal Sewer hook-ups? Yes Do you pump out septic tanks? Yes - - - 01 ttiCK TL CTA A w'Viw*V« V k 50 s C No imiPT-wm YOU H266630 coot ROl T13 --------------------03/Qi SUBMITTALS REQUIRED: y 1. IHiurIn«X -;.Jkne bcaue rxiuuuci-—- -— - , $50-100-300,000 minimum Certificate of Insurance.^ rent MPCA Certificate. •Copy of current LICENSES WILL NOT BE PROCESJiED UNTIL ALL ITEMS ARE SUBMITTED List persons other than applicant who are authorized by you to apply for permits under your license ^ - -—- - - - - --- - - Date ri^n^es^tV^’o^^'^a \Y=\\’^s:\^o in^aVr rifnrso?nnrthrrr^atnrnfel^rVhrcit}^0« c__2) ^2-26-93 Applicant's Signature staff recommendation Approval Reason for denial: __ _ _ _ _ _ _ City Council Action Date _ _ Date license mailed _ _ _— Denial Date Approved Denied J CITY of OUONO W f SEPTIC SYSTEM INSTALLERS •’license application (612) 473-7357 Post Office Box 66 Crystal Bayt MN 55323 ,,, ___ answered. lAftffensa bond, certificate of Jnsur^nce =nd eTidtncI of MPCA Cer’?mca?iojvj,ust be attached. All apllications are subject to a ten (lOPTlay approval period. 1. 2. 3. 4. 5. 6. 7. 8. 9. IV\Orv\p^nn~Plurn\Qi r^Cx>r.p . \ I \ M t\ X 1 \ Business or trade name Business address \^00\ Business phone 1 Residence phone Name of applicant or company representative holding MPCA certification ' Vc c: i Type of certification held: X Certificate expiration date Installer Pumper Have you ever held a Septic System Installer license in Orono before? IIC^ Most recent year JjlL---- Have you ever had a license revoked? Where? Do you do Municipal Sewer hook-ups? Yes Do you pump out septic tanks? Yes -- - -- No When? CITY OF fiROHQ FimCE OFFICE submittals REQUIRED: (jToT^ OJ CEH CHECK TL 50. i RECEIFT-THm YW 3. $'»:4oO-300,000 minimum Certifies^ of In^rance. cy 4. Copy of current MPCA Certificate. ^Cp, )^-6rT3 licenses will not be processed until all items ABE SDBMITTED ^^t persons other than applio^ant vho are authorized by for permits under your i ^ oense ^.n Flanut<»^, CJnri^ CJL<Qr>iiji.i taO ttih , G jo .iaS.C.'* 3bor>*''<- C/^ The undersigned hereby s,ake» Minnesota, for a license to instil "Pfj-JgState of and/or pump out septic tanker subject to Minnesota and the Ordinances of the City^^^^ ^ Date Applicant*8 Signature^Q Reason for denial: late City Council Action Date Date license mailed Approved Denied CITY OF OP' -0 -ir Bay’, ® OCCOPATXOH*It£i CATJ;ON POR MUTOM- BOKS OCCOPATIOB MUia. Review Pee - S30.0C ^ ^ ^ PHONE:---V7f-7 7o£ Application Date:Ml£2 Date License Approvea: Date License Expires: MaMT.P 1 anr>pr.gg>«^ ^ ^ -------- of Employees wi-thijB • list of names of employees Cl tyI ]Syy or.' ^ \ lrf?!le"ust"ofninS*crt:pi3Fe^^^ «- this appU«^-i=n ^e oi Business Po he OpenaPea:. I^c»se «y be revohei. if »y (5) basines* days in |“^ot 5.02 l 5.03. If a pursnanP Po Orono Municipal C^ --view Pine will be expended Po Pen (1 ia required by CiPy sPaff* j~tion wiPb sPaff teconmcadaPion ^1 i buainSa days. The regularly scheduled neePmg he. scheduled before Phe Council «P “* __ _ _ __ on Phe second and fourPh Monday or Prohibited Home Occupation Practices. 1. A*w**.^ --------------i ^ ;»c. a ^nr^e uccupation - It is unlawful £« »ny business =||-a-tn5 engage in operaPior. wiPnc— p.ope- 4^ 3. 4. All persons engaged in Phe business nusu reside in ^ NO coamerci.l signs perr.iPPed opher Phan signs P,^,.sopC6 residenPial rone. .,-utrv !! SO.fc No excessive spock ir irade nay be sPored on Phe prenis ?, n I ka 6. rnsr^r-rm/^ i2iil9C COOi xvl Ji. GiL/ uveiT wiic — ----------- 4^u Enprance P= Phe hone oooupaPion oust be gained iron wiPhrn Structure. ———— over Phe oounPer rePail sales is noP allowed. T.ie undersigned hereby w Pe p^g°"*e^iPy nay require.Municipal Code and any addi^ionai con^ zais:J - ?:^4i Signapure of ApplicMP^^^i^----^---------- -----r““'”T."7;^ms.ends p FOB CITT OSE OHIT: Denial’of License following: Approval o. *aicense -------- ^ . a - /» SIS.."-!--. " 08..1 c1.1T T.^- I It „ Date: To: From: Subject: February 26, 1993 City Administrator Ron Moorse Chief of Police Stephen X. Sullivan Special Event Application - Easy Race I have reviewed the application from the Norwest Bank in regard to the Easy Race. We have checked our past records and we have not had any reported incidents that would cause us to deny^ the reguest. Therefore, I have no objection to the issuance of this permit. . . .. . . Permit s:_Fee: S50.00PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OP ORONO, MINNESOTAPhone Numbs. . ^ ________Name: AloCM^ t An/C .Address: ^0^ City, State, Zip: i/^AY » /^A) Location of Parade or Event: /^/n UP aYT u^ io ----/^/(S<SC tLc. a):hc^eJ /^e ______________ Person(s) and/or Organisation(s ) Handling the Event: Airc(^__________ Reason or ^uJ»vM>y a . /m Hours of f.-gg - /^:00/Jeon amuA.1 Mf'Mr fM.________ Copy insurance fifteCdl J^cjrq^ Cp (4'J^ r*orr i f i cates to be feuxsfi application. I am aware of all applicable State and other laws regarding parades ar.o special events and will abide by same. I also agree n^-ono har-nLess from all liabilities that may arise directly or indirect-.- from the parade or special event approved by the granting of this permit. Ajh^.^Uki^Y6^Mi fxh. ^ Signature Approved: Remarks: Denied:By: rp-ru I r' “ 'Jll » cin Of ofM Fjmt^E (fFICE 1313400000 01 ££V 50:00 rirr* 71 50,00 ^^ciipT-rm YOU D:ti^ cool FEiJ 2 4 lOOS WAV2AT% BAY BUS sam Lake St. to Water St Easy Race XIII Sponsored by Norwest Bank Offices in Wa\;zata and Excelsior To benefit Lake Minnetonka community; organizations Hi MAY 2, 1993 (AT 9AM SHARP!) Distance: Course: 13.1 miles (measured by wheel) Rolling (to impossible) Splits: Waten Approximate ____ * ® Route Start-Norwest Bank-Wayzata 900 E. Wayzata Boulevard, Wayzata Finish-Norwest Bank-Excelsior Lake Street to Ferndale Road to County Rd. 15 to Orono Orchard Road to Fox Street to Old Crystal Bay Road to County Rd. 51 to County Rd. 19 to Northview Rd. to Lake Street to Old Beach Road to County Rd. 19 to George Street to Water Street. 1 mile 5 miles 9 miles. 4 water stops. Return Transportation: To Wayzata will be provided upon request. Awards: Trophies, mementos & refreshments at finish. ENTRIES STRICTLY LIMITED TO & NO RACE DAY REGISTRATION Entry Fee $15.00 payable to “Easy Race Xlll." Mail with form below to: Loretta Docken, Norwest Bank Minnesota. N.A.. 900 E. Wayzata Boulevard. Wayzata. MN 55391 OmCIAl ENTRV FORK Nam (LMt nam httt) “EASY RACE Xlll” MAY 2. 1993 (9AM SHARP) Aga Sax But tllllllllllitlAli 1 1 1 1 1 1 1 1 Maiimg Addmt (inciuda Apt No iodAK cA»Taiaphona M F YaaNo Bifihdata 1 1 1 1 1 1 j1___i___1___1___k a»y State Zip Coda t 1 1 : t Mo Day Yaar i r 1 1 I i 1 1 1 11 1 ‘1 Ui KnuwtiMjiy and al tny n»k. I hetifbv * . . niest and I o» mv parijnl juardia.i h.>iebv waivrf and reiaanf anv and ail daim* <o« damaq* that I Of wy child ward may incur a» a r*»uit of parncipalion m thi* «fv*nl aijamsi Norwtsi Banl< Mmnfvjra. N A . if$ affiliates or parent, anv rommunilv through which th* course runs, benefiting ..Kganiiil ons. and any employee firector official or eieried 'ifficial of ihese orgameations fo. aid .niuries Signature Signature Pftrflcipsnt psrvni Of ^usrdtsn mull §«|n f p«ftK:p«nf rs undrt IS -kid • •/f %45 dfy 8 , ■% -COUNCIL CHECK REGISTER THU. FEB 18. 1993. 9:55 PM •CHECK NO^ A ^CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT FO< " >27332<•>1993/02/18 SI.485.00 81.485.00*NATIONAL AUTOMATIC SPRINK FIRE SPRINKLER ALL BLDGS 0480-4520 000052 IP27333 <• > 1993/02/18 893.52893.52*PEBSCO/OBRA W/H OEF COMP 9999-2030 000068 IP 27334 <•> 1993/02/18 8643.46 8643.46*PEBSCO/US CONF OF MAYORS W/H DEF COMP 9999-2030 0U0062 IP 27335 <*> 1993/02/18 854.00 854.00*PERA LIFE INS INS WITHHELD 9999-2030 000059 IP 27336 <*> 1993/02/18 83.409.82 83.409.82*PERA PERA W/H 9999-2030 000066 IP 27337 <■ > 1993/02/18 831.482.00 831.482.00*ST PAUL LINOLEUM/CARPET C CARPET/RESILIENT FLOORS 0480-4520 000048 IP 27338 <•> 1993/02/18 810.776.60 810,776.60*STEENBURG-WATRUO INC SECURITY AREA C.O. POL BL 0483-4520 1864 IP 27339 <*> 1993/02/18 814.679.00 814.679.00*TWIN CITY ACOUSTICS INC ACOUSTICAL CEILINGS ALL B 0480-4520 000047 IP 27340 <•> 1993/02/18 821.00 821.00*UNITED WAY CHARITY WITHHELD 9999-2030 000060 IP 27341 <•> 1993/02/18 810.350.00 810.350.00*VOHNOUTK.A RCOFINQ PUBLIC WKS SHEET METAL 0484-4520 000044 IP pag* 2 > « t «• » t r^: ■ ■% .)COUNCIL CHECK REGISTER THU, FEB 18, 1993, 9:55 PM pag* 1CHECK NO 27315 <•> 1993/02/18 $20,520.00 $20,520.00* 27316 <•> 1993/02/18 $31,416.00 $31,416.00* 27317 <*> 1993/02/18 $4,116.00 34,116.00* 27318 <•> 1993/02/18 $138.86 $138.86* 27319 <•> 1993/02/18 1993/02/18 1993/02/18 1993/02/18 $2,637.95 $980.00 $980.00 $1,470.00 $6,067.95* 27320 <•> 1993/02/18 $8,605.62 $8,605.62* 27321 <• > lf93/02/18 $2,721.51 $2,721.51* 27322 <•> 1993/02/18 $36,054.84 $36,054.84* 27323 <• > 1993/02/18 $12,897.00 $12,897.00* 27324 <•> 1993/02/18 $1,118.00 $1,118.00* 27325 <•> 1993/02/18 $137.88 $137.88* 27326 <•> 1993/02/18 $164.00 $164.00* 27327 <•> 1993/C2/18 $30.00 $30.00* 2/328 <•> 1993/02/18 $4,099.50 $4,099.50* 27329 <*> 1993/02/18 1993/02/18 1993/02/18 $708 68 $424.38 $1,404.94 $2,538.00* 27330 <•> 1993/02/18 $2,630.66 $2,630.68* 27331 1993/02/18 $100.00 DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER MANUALACKLEY-DORNBACH INC DETENTION EQUIP-POLICE IP ALLIED MECHANICAL SYSTEMS PLBG/VENTING ALL BLDGS 0480-4520 000051 IP CITY COUNTY CREDIT UNION W/H & TRANSFERRED 9999-2030 000063 IP COLONIAL LIFE INS INS WITHHELD 9999-2030 000061 IP CRYSTAL MANUFACTURING CRYSTAL MANUFACTURING CRYSTAL MANUFACTURING CRYSTAL MANUFACTURING LOUVERS-PUBLIC WKS BLDG LOUVERS-COUNCIL CHAMBERS LOUVERS-ADMIN BLDG LOUVERS-POLICE BLDG 0484-4520 0481- 4520 0482- 4520 0483- 4520 7924EM 7924EM 7924EM 7924EM IP IP IP IP FIRST NATIONAL BANK OF LA WITHHELD FED/MEDCR/FICA 9999-2030 000064 IP FIRST NATIONAL BANK OF LA CITY SHARE FICA/MEDCR 9999-2030 000057 IP FIRST NATIONAL BANK OF LA NET PAYROLL TRANSFERRED 9999-2030 000056 •IP GEPHARDT ELECTRIC ELECTRICAL ALL BLDGS 0480-4520 000053 IP GREAT WEST LIFE ASSURANCE DEF COMP WH 9999-203C 000067 IP HENNEPIN COUNTY SUPPORT A MARK THOMTON ICO266780 WH 9999-2030 000055 IP HENNEPIN COUNTY SUPPORT A DALE SKREENIC0262310 W/H 9999-2030 000054 IP ICMA RETIREMENT TRUST-457 W/H DEF COMP 9999-2030 000065 IP LA FORCE HARDWARE/MFQ CO HARDWARE 0480-4520 000045 •IP LEROY SIGNS INC LEROY SIGNS INC LEROY SIGNS INC SIGNAGE-PUBLIC WKS SIGNAGE-POLICE B'.DG SIQNAGE-CC/ADMIN BLDG 0484-4520 0483-4520 0480-4520 000049 000049 000049 IP IP IP MINNESOTA DEPT OF REVENUE STATE TAX WITHHELD MN STATE RETIREMENT-DEF C W/H DEF COMP 9999-2030 000058 9999-2030 000OC9 IP IP • * ■u»-k 02/28/93 PR CB PRREGOR 164 EMP • NAME 471688060 474563339 476921819 471840871 475443862 472503991 469526026 475989721 468821018 472529007 468701868 507585424 469686562 468420832 469087884 474667812 475380151 477500666 475444249 477463877 471*169863 47 47279 475604753 504260307 472500574 121262417 480843542 477700023 334506281 477028779 468909535 476713251 470700901 469848107 475382983 473748173 470568529 469629194 475569177 267460042 472563051 4725630S1 474683296 470704904 4':5505292 438629488 500403192 ANDERSON. BRUCE L BOB2IEN. SUE A BORIS, SCOTT W BOSMA, JAMIE L PRINKHAUS. JOHN F CHESWICK. GARY B CORNICK. JAMES L DEMBOUSKX. JAY C P R ERICKSON. KURT R FISCHENICH. DAN T FRITZLER. JOHN M QAFFRON. MICHAEL GERHARDSON. JOHN GOMAN. DAVID J GREGORY. JAMES 0 HALLIN. DOROTHY M HANSEN. STEVEN C HANSINQ, CAROL J HASEMAN, CAROLE JOHNSON, BRADLEY P KARNIT2. RICKY D KENNEN, JANICE M KNUTSON. CHARLOTTE KUEHN. THOMAS M MABUSTH. JEANNE A MCNICHOLS, DAVID L MOORSE. RONALD J MOROWC2YNSKI . JAMES NELSON. DAVID D OBERAIGNER. SCOTT Q OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A OUAST. WAYNE A RATHBUN, BARRY J SCHOENHOFF, JOHN B SKREEN. DALE S SULLIVAN. STEPHEN X THOMTON. MARK R THOMTON. MARK R TOMCHECK. LAWRENCE TOMCZYK. MARK W VANG. BRUCE L VEE. LINDA S WALtERS. LINDA G 477181539 WECKMAN. STEPHEN J YTD CURRENT DPT GROSS GROSS 31 8732.61 1715.94 31 5191.47 1014.64 31 1520.06 579.17 12 3061.78 672.06 42 8019.58 1611.67 31 8404.80 1680.96 31 8372.81 1880.41 31 6826.40 1433.60 i 31 8028.08 1701.59 31 7988.36 1705.32 31 8614.15 1680.96 31 8234.84 1646.98 33 7331.69 1473.44 42 10345.54 2172 42 35 973.09 199.28 42 7452.08 1392.01 12 6315.80 1269.28 42 6353.09 1225.46 31 3043.29 627.45 12 4586.31 921.77 31 8384.66 2040.56 31 850.17 148.78 31 1200.65 249.71 A 15 5048.79 1014.64 15 10785.81 2167 60 33 9181.61 1845.22 31 6357.94 1537.41 12 12103.47 2511.84 : 31 8073.42 1700.70 35 743.43 132.28 42 6549.33 1366.79 92 6382.09 1154.37 33 7331.69 1473.44 42 5747.93 1164.19 92 7336.69 1366.33 92 6445.44 1306.71 31 2267.07 727.95 42 6250.19 1154.37 D 93 6315.80 1269.28 31 10246.38 2059.20 31 7591.56 1469.28 31 7591.56 171.70 F 31 7361.14 1484.02 31 7944.06 1704.90 33 6315.80 1269.28 12 4813.94 963.92 15 4266.95 397.17 33 5562.68 1117.92 61.573.95 • < I .h. /ICOUNCIL CHECK REGISTER WED. MAR 3. 1993. 9 39 PM p«9« IECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER MANUAL275031993/03/08 $434.00 AMERIDATA IBM 3278/79 0129-4540 340128 IP1993/03/08 $235.00 AMERIDATA IBM 3270 EMULATION ENTRY 0129-4540 340128 IP1993/03/$48.49 AMERIDATA IBM EQUIP FRT 4 TAX 0129-4540 340128 IP<• >$717 49*27504 1993/03/08 $195.00 ADT SECURITY SYSTEMS INSTALL ALARM SYSTEM 0590-4343 000070 IP<• >$195.00*27505 1993/03/08 $110 00 AMERICAN NATL BANK BOND AGENT FEES 0907-4630 000071 IP<»>$110.00*27506 1993/03/08 $161.42 APACHE PAPER CO C FOLDS 4 TOILET TISSUE 0099-4231 116702 IP1993/03/08 $80 71 APACHE PAPER CO C FOLDS 4 TOILET TISSUE 0129-4231 116702 IP <• >$242 13* 27507 1093/03/08 $42.65 AT & T INFO SYSTEM MAINT DP LINE 0129-4340 000100 IP 1993/03/08 $26.16 AT 4 T INFO SYSTEM MNT DP LINE 0069-4340 000100 IP 1993/03/08 $26 16 AT 4 T INFO SYSTEM MNT DP LINE 0249-4340 000100 IP 1993/03/08 $26.16 AT 4 T INFO SYSTEM MNT DP LINE 0129-4340 000100 IP 1993/03/08 $26.16 AT 4 T INFO SYSTEM MNT DP LINE 0059-4340 000100 IP1993/03/08 $26.16 AT 4 T INFO SYSTEM MNT DP LINE 0174-4340 000100 IP $173.45* : 7S0S 1993/03/08 $1,052.70 BARTON SAND/GRAVEL SAND 0249-4233 000097 IP $1,052.70* 27509 1993/03/08 $1,430 72 CAPITOL COMMUNICATIONS POLICE BASE RADIO ANTENNA 0483-4540 CAP16010 IP <•>$1,430.72* 27510 1993/03/08 $1,365.02 CARGILL SALT DIV DEICING SALT 0249-4233 819191 IP <•>$1,365.02* 27511 1993/03/08 $10.92 CELLULARONE JRQ CAR PHONE 0249-4320 000072 IP <•>$10.92* 27512 1093/03/08 $392.44 CITY OF LONG LAKE WATER-DEC SALES TAX 0549-4359 000078 IP 1993/03/08 $1.46 CITY OF LONG LAKE WATER-DEC SALES TAX 0129-4324 000078 IP <•>$393.90* 27513 1993/03/08 $1,689.60 CITY OF LONG LAKE PD OFFICE RENT-JAN/FEB 0129-4332 000077 IP <• >$1,689.60* 27514 1993/03/08 $308.91 COLONIAL LIFE INS CO FEB INS 0129-4152 000101 IP <* >$308.91* 27515 1993/03/08 $104.89 CON-WAY CENTRAL EXPRESS FREIGHT PUSH FRAME 1427 0249-4341 566-786684 IP <•>$104.89* 27519 1993/03/08 $307 03 CONNELLY INDUSTRIAL REPAIR PANEL 81 0549-4345 2643 IP <•>$307.03* 27517 1993/03/08 $100 00 COPY DUP PR INC MOVE PD COPY MACHINE 0483-4399 1677826 IP 1993/03/08 $554 19 COPY DUP PP INC TONER 9001-1261 1683588 IP <•>$654.19* :OUNCIL CHECK REGISTER WED. MAR 3:heck no check date check amount . 1993. 9 39 PMVENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER 1MANUAL27518<•>1993/03/08 $359.11 $359.11*DARE AMERICA DARE STICKERS/WRIST BANDS 0129-4243 46481 IP 27519 <• > 1993/03/08 $31 80 $31 80* DRIVERS LICENSE GUIDE CO ID CHECKING GUIDE 0129-4240 131741 IP 27S20 <•> 1993/03/08 $5,265.00 $5,265 00* E-Z RLCYCLINQ PICK UP FEB 0295-4392 000589 IP 27521 <•> 1993/03/08 $17.00 $17.00* ENGLISH IRVING PARKING-SCHOOL 0129-4381 000073 IP 27522 <•> 1993/03/08 1993/03/08 1993/03/08 1993/03/08 $8.85 $8.85 $8.85 $8.85 $35.40* EXPRESS MESSENGER EXPRESS MESSENGER EXPRESS MESSENGER EXPRESS MESSENGER OLLIVERY-APPLICI18000 DELIVERY-APPLIC §1799 OELIVERY-APPLIC §1803 DELIVERY-APPLIC 11802 0840-4305 0840-4305 0840-4305 0840-4305 0889633 0389632 0889633 0889633 IP IP IP IP 27523 <•> 1993/03/08 $178.00 $178.00* FACTORY DIRECT FURNITURE 2 FOLDING TABLES 0480-4540 H20538-KRU IP 27524 <*> 1993/03/C8 $16 50 $16 50* FEDERAL EXPRESS CORP AGENDA PACKET-HURR 0020-4,21 489007909 IP 27525 <•> 1993/03/08 1993/02/08 1993/03/08 1993/03/08 1993/03/08 $271.00 $1,355 36 $542.00 $271.00 $145.68 $2,585.04* GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC MARCH INS HOSPITALIZATION INSURANCE MARCH INS MARCH INS MARCH INS 0115-4151 0129-4151 0249-4151 0590-4151 01/4-4151 766788 766788 766788 766788 766788 IP IP IP IP IP 27526 <•> 1993/03/08 $67.71 $67.71* HAWKINS CHEMICAL CHLORINE 0549-4234 8162 IP 27527 <•> 1993/03/08 1993/03/08 1993/03/08 1993/03/08 $85.50 $37.08 $45.18 $29.33 $197.09* HENN COUNTY TREAS HENN COUNTY TREAS HENN COUNTY TREAS HENN COUNTY treaS 1993 TAX BOOKS 1993 BEGIN MICROFICHE HOMESTEAD CARDS 1992 YR END MICROFICHE 0059-4210 0059-4210 0059-4322 0059-4210 000074 000074 000074 000074 IP IP IP IP 27526 <•> 1993/03/08 $440 84 $440.84* HENN CTY SHERIFF DPT JAN BOOKING FEE 0080-4358 000075 IP 27529 <• > 1993/03/08 $25.97 $25 97* INNOVATIVE MICROGRAP OVERSIZE COPIES-REIM 9001-3500 11735M IP 27530 <•> 1993/03/08 $63.90 $63.90* INTEGRATED COMM SYSTEMS I MAINT CONTRACT-PHONE 0099-4340 12615M IP 27531 <•> 1993/03/08 $48.94 $48 94* INTERSTATE BATTERIES BATTERY-LAWN TRACTOR 0290-4232 108176 IP 27532 <» > 1993/03/08 $55 38 $55 38* INTERSTATE DETROIT DIESEL TRANS FILTER 0249-4232 00184098 IP page 2 LCOUNCIL CHECK REGISTER WED. MAR 3, 1993, 9:39 PM Pi9« 3CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER MANUAL275331993/03/08 $49.47 KUEHN, THOMAS MILEAGE FEB 0069-4381 000076 IP1993/03/0S 89.41 KUEHN. THOMA^MILEAGE FEB 0174-4381 000076 IP<• >1993/03/08 $15 68 874 56*KUEHN, THOMAS MILEAGE FEB 0569-4381 000076 IP27534 <•> 1993/03/08 $85.00 $85.00*LOE'S OIL COMPANY OIL FILTER DISPOSAL 0249-4341 5643 IP 27535 1993/03/08 85.400 00 LOGIS - SUITE 300 SYSTEMS DEVELOPMENT 0069-4354 AR0193 IP1993/03/08 $4,040 00 LOGIS - SUITE 300 SYSTEMS DEVELOPMENT 0129-4354 AR0193 IP1993/03/08 $1,240.00 8492.00 LOGIS - SUITE 300 SYSTEMS DEVELOPMENT 0174-4354 AR0193 IP1993/03/08 Lcxns - SUITE 300 SYSTEMS DEVELOPMENT 0569-4354 AR0193 IP <• > 1993/03/08 $250 00 811,422.00* LOGIS - SUITE 300 SYSTEMS DEVELOPMENT 0549-4354 AR0193 IP 27536 <* > 1993/03/08 860.00 860 00* MACQUEEN EQUIPMENT SWEEPER SEMINAR 0249-4356 000085 IP 27537 1993/03/08 8417 91 MED CTR HEALTH CARE MARCH INS 0249-4151 1032049 IP1993/03/08 $146 90 MED CTR HEALTH CARE MARCH INS 0129-4151 1032049 IP1993/03/08 8146 00 MED CTR HEALTH CARE MARCH INS 0069-4151 1032049 IP <• > 1993/03/08 8542 02 81.753.73* MED CTR HEALTH CARE MARCH INS 0174-4151 1032049 IP 27531 1993/03/08 $2,000.32 MEDICA CHOICE MARCH INS 0129-4151 193047102552 IP1993/03/08 $813 00 MEDICA CHOICE MARCH INS 0249-4151 143047102552 IP1993/03/08 $1,103 48 MEDICA CHOICE MARCH INS 0039-4151 193047102552 IP1993/03/08 $542 00 MEDICA CHOICE MARCH INS 0069-4151 193047102552 IP1993/03/08 8458.16 MEDICA CHOICE MARCH INS 0174-4151 193047102552 IP1993/03/08 $271 00 MEDICA CHOICE MARCH INS 0115-4151 193047102552 IP1993/03/08 $258 12 MEDICA CHOICE MACH INS 0549-4151 193047102552 IP1993/03/08 $387 20 MEDICA CHOICE MARCH INS 0569-4151 193047102552 IP <*> 1993/03/08 81,479.92 87.313 20* MEDICA CHOICE MARCH INS 9001-1298 193047102552 IP 27539 1993/03/08 8660 46 MINNEQASCO MEAT 0549-4324 000079 IP1993/03/08 $480.10 MINNEGASCO HEAT BLDGS CRYSTAL BAY 0099-4324 000080 IP1993/03/08 $3,221.76 MINNEQASCO HEAT 2700-30 KELLY PKWY 0099-4324 000081 IP <•> 1993/03/08 $61 76 $4,424 08* MINNEGASCO UTILITIES 0129-4324 000083 IP 27540 <*> 1993/03/08 850.00 850.00* MINNESOTA POLLUTION CONTR SEMINAR JAM/MPG 0174-4356 000084 IP 27541 <• > 1993/03/08 $24.98 824.98* MN BENEFIT ASSN MARCH INS 0129-4152 000099 IP 27542 <•> 1993/03/08 810.00 $10 00* MN DEPT LABOR-INDUSTRY AIR TANK CERT OF EXEMPTIO 0249-4383 164342 IP 27543 <• > 1993/03/08 815 00 815.00* MN-S C.I.A./DIANE VACEK 1993 MEMBERSHIP 0129-4380 000082 IP 27544 1993/03/08 8346 13 NORTHLAND BUSINESS MNT RECORDERS/TRANSCRIBER 0129-4340 CC7508 IP y COUNCIL CHECK REGISTER WED. MAR 3. 1993. 9:39 PMCHECK DATE CHECK AMOUNT page ACHECK NO 27S44 <•> 27545 27546 <•> 27547 <*> ?^54t <•> 27549 <•> 27550 27551 <•> 27552 < • > 27551 <•> 27554 <• > 27555 <•> 27556 1993/03/081993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 1993/03/08 $261133 $26 $106 $21 $31$692 $2,219 $76 $256 $7 $2,559 6313 63 50 21 8205* 33 05 05 68 11* $1,147.95 $1,147.95* $33.60 $33.60* $12 00 $12.00* NORTHLANDNORTHLAND NORTHLAND NORTHLAND NORTHLAND NORTHLAND NSP NSP NSP NSP NSP OMAN/LYLE PERA INS VENDORBUSINESS BUSINESS BUSINESS BUSINESS BUSINESS BUSINESS $31.07 PERRYS TRUCK REPAIR $31 07* $158 20 POPHAM HAIK &ASSOC$1.121 90 $652.85 POPHAM HAIK &ASSOCPOPHAMHAIK&ASSOC$364.50 POPHAM HAIK 4.ASSOC$329.00 POPHAM HAIK &ASSOC$120.00 POPHAM HAIK &ASSOC$133.70 POPHAM HAIK 4.ASSOC$144 50 POPHAM HAIK &ASSOC$3,024 65* $4,475.23 PUBLIC EMPL RET ASSN$4,475.23* $200 00 $200.00* $10.38 $16 06 $26 44* $1,530.00 $1,940 00 $3,470 00* $73 26 $73.26* $564 00 PUBLIC SAFETY EQUIP CO RITZ CAMERA RITZ CAMERA SCHOENING EXCAVATING SCHOENINQ EXCAVATING DESCRIPTIONMNT RECORDERS/TRANSCRIBER MNT RECORDERS/TRANSCRIBER MNT RECORDERS/TRANSCRIBER MNT RECORDERS/TRANSCRIBER MNT RECORDERS/TRANSCRIBER MNT RECORDERS/TRANSCRIBER ELECTRICITY ELECTRICITY ELECTRICITY ELECTRICITY STREET LIGHTS TEB MILEAGE INSPECTIONS MAR INS REPAIR mower blades LEGAL CONSULTINQ-JAN LEGAL RETAINER-JAN LEGAL APPLIC-JAN LEGAL CONSULTING JAN LEGAL-Q NELSON-JAN LEGAL CONSULTING JAN LEGAL LL ANNEX-JAN LAND ACQUISITION LEGAL PERA 2/1 TO 2/14 CALIBRATE 8 RADAR 'JNITS CAMERA BATTERIES FILM & DEVELOPING SNOW REMOVAL NAVARRE ACCOUNT SOUTHAM BUS COMM USA INC ADV FOR BIDS ST CLOUD STATE UNIVERSITY ADV DRIVING TECHNIQUES NUMBER INVOICE NO NUMBER MANUAL’•••*•••“••<-- - - - --- - -0249-4340 CC7508 IP0039-4340 CC7508 IP0069-4340 CC7508 IP0174-4340 CC7508 IP0549-4340 CC7508 IP0569-4340 CC7508 IP 0099-4324 000086 IP0569-4324 000086 IP0249-4324 000086 IP0290-4324 000086 IP 0249-4325 000087 IP 0174-4381 000098 IP 0129-4152 000102 IP 0590-4342 11804 IP 0080-4301 359913 IP0080-4301 359913 IP0840-4303 359913 IP0129-4303 359913 IP0080-4303 359913 IP0408-4303 359913 IP0080-4303 359913 IP0480-4303 359913 IP 9999-2031 000088 IP 0129-4342 4811 IP 0129-4221 3760059 IP0174-4210 3760511 IP 0249-4331 000089 IP0480-4399 000090 IP 0249-4322 CPCP23267 IP 0129-4356 000091 IP / •%COUNCIL CHECK REGISTER WED. MAR 3. 1993. 9;39 PH PA9« 5<lECK NO ACCOUNT POCHECK DATE CHECK AMOUNT VENDOR DESCRIPTION NUMBER INVOICE NO NUMBER MANUAL<•>$564.00*27557 1993/03/08 $133.50 STA-SAFE LOCKSMITHS KEYS 0099-4231 1836 IP<•>$133.50* 27558 1993/03/08 $127.75 TERRY L NATARUS DISPLAY AD 0590-4323 9316850 IP<•>$127.75* 27559 1993/03/08 $2.20 TOLL CO T-WRENCH 0549-4234 209531 IP <•>$2.20* 27500 1993/03/08 $963.83 TOWN A COUNTRY JANITORIAL-MARCH 0099-4349 000092 IP1993/03/08 $41.66 TOWN & COUNTRY HAND SOAP 0099-4231 000092 IP<*>$1,005.51* 27561 <•> 1993/03/08 $174.41 $174 41*TRACY OIL CO HEATING OIL 0590-4324 8200/8236 IP 2756i.1993/03/08 $208.08 U S WEST CELLULAR TELEPHONE 0129-4320 000093 IP <•>$208.08* 27563 <•> 1993/03/08 o o»UNIVERSAL HIGHWAY PROD PUSH FRAME-TAX 8427 0249-4341 D-9471 IP 27564 1993/03/08 $219.28 US WEST COMMUN TELEPHONE 0175-4320 000095 IP1993/03/08 $544.67 US WEST COMMUN TELEPHONE 0129-4320 000095 IP1993/03/08 $52.46 US WEST COMMUN TELEPHONE 0590-4320 000095 IP1993/03/08 $53.52 US WEST COMMUN TELEPHONE 0590-4320 000095 IP1993/03/08 $143 82 US WEST COMMUN ADVERTISING 0590-4J23 000095 IP1993/03/08 $37 89 US WEST COMMUN TELEPHONE 0175-4320 000095 IP1993/03/08 $83 56 US WEST COMMUN TELEPHONE 0039-4320 00009!IP1993/03/08 $41 78 US WEST COMMUN TELEPHONE 0069 4320 000095 IP1993/03/08 $83 56 US WEST COMMUN ADVERTISING 0059-4320 000095 IP1993/03/08 $83.56 US WEST COMMUN TELEPHONE 0174-4320 000095 IP1993/03/08 $83 56 US WEST COMMUN TELEPHONE 0249-4320 000095 IP1993/03/08 $12 54 US WEST COMMUN TELEPHONE 0549-4320 000095 IP1993/03/08 $29 25 US WEST COMMUN TELEPHONE 0569-4332 000091 IP1993/03/08 $48.93 US WEST COMMUN DATA COMM 0129-4355 000095 IP1993/03/08 $727.27 US WEST COMMUN TEMP DATA LINE KELLY/WILL 0129-4355 000095 IP <•>$2,245.65* 27565 1993/03/08 $206.06 WATERPRO WATER MAIN REPAIR CLAMPS 0549-4234 430197/43046 IP1993/03/08 $118.07 WATERPRO WATER main repair CLAMPS 0549-4234 430197/43046 IP1993/03/08 $293 92 WATERPRO WATER METER 9672-1273 432466/43019 IP1993/03/08 $164 92 WATERPRO WATER METERS 9672-1273 432466/430191993/03/08 $331.63 WATERPRO WATER MAIN REPAIR CLAMPS 0549-4234 430466 IP <•>$1,114.60* 27566 1993/03/08 $24.17 WECKMAN STEPHEN MAPCOVERS 0174-4210 000096 IP$i4 17* 594.264.51* f •Or ^ 1 -ft'ilcFiliJcFlinicF/finicFiiikFli•KFii •kFii iMFlf •Fmi ilcFli rUH: riTKiiMiiiii tLLliAJilcriViIiri ; )COUNCIL CHECK REGISTER THU. MAR 4. 1993. 9.57 PM irrouNT page 2RIcTiMiTiTtlriicntKTlml; 9:*mm1 n ^IcTiViTiMrowtii] riicTXi rr¥V7ilcT/i1 •IcFii riicFii rtirr/i riierii / COUNCIL '“lECK REGISTER T^i* i*’AR 4. 1993. 9.57 PMCHECK NO CHECK DATE CHECK AMOUNT^^$70.064.27*• ^ '■ 1VENDOR ACCOUNT PODESCRIPTION NUMBER INVOICE NO NUMBER 1 £3 .<5^I I.& ^ 2g Kr# coumiLiisnm i»inR 8 1993 CnYOFORONO \ n *:• t , ' i Act ion Report : Mce ting: I.AKIi MlNN ‘-’TONKA CONSliKVATlON DISTRICT Uc. Water Structures Committee 7:30 AM.. Saturday. February 13. 1993 Norwest Bank Building. Wayzay^^ R(^og| Douglas Babcock. Chair. Spring Park; Bert James Grathwol. Excelsior: David Cochran. Members Present: Foster, Deephaven Greenwood: Scott (Carlson. Minnetrista; Tom Penn, Tonka Bay; Robert Slocum, Woodland. The meeting was called to order by Chair Babcock at 7:30 AM. 1. First reading of draft ordinance prohibiting non-cncased molded polystyrene foam in floating structures. The committee received a draft of the subject ordinance. Babcock submitted a letter from the City of Spring Park express ing its objection to the sunset prevision on pre-existing struc tures being set at 12/31/94. except mooring buoys less than 2’ in diameter which will be allowed to exist to 12/31/97. The Spring Park Council expressed the opinion that the proposed ordinance was showing favor to ;: iilboat owners and their mooring buoys. Babcock explained that Spring Park believes the deadline for buoys should be same as the dock structures. He interpreted the committee action as based on the fact that there are so many buoys that time is needed to communicate the prohibition to the owners. Grathwol questioned the reasoning that the purpose was to favor sailors. Babcock responded that, while there is a logistical problem in notifying users, there is a perception of favoritism. He agreed the problem is disintegration of the po lystyrene at docks and at the time of ordinance preparation the thought was that the buoys were not an immediate problem. The purpose was to eliminate the disintegration of non-encased po lystyrene foam in an orderly manner. Foster added it is his belief the large buoys fields are using encased buoys and the extended deadline was aimed at the individual buoy user. MOTION: Babcock moved. Grathwol seconded, to amend the draft ordina:ice to bring both docks and buoys into the same time frame. DISCUSSION: In response to a question from Carlson regarding the number of buoys involvevl, Thibault will get the actual count for 1992 from the Water Patrol. Grathwol suggested a letter to Spring Park e.xplaining that it was a matter of enforcement rather than an intent to favor any group of users. Carlson added tha' the letter should ex(.lain where the firoblem now exists, noting that i.ne larger buoys fields are using encased polystyrene. VOTE: Babcock voted aye. Foster. Slocum. Carlson. Grathwol. Cochran and Penn voted nay. Motion failed. FURTHER DISCUSSION: Grathwol suggested eliminating (a) from Subd 13. a preamble in which the LMCD Board of Directors gives reasons for the adoption of the ordinance. He said it could be moved up to Section I and not put into the Code. - continued WATKR STKUCTURKS COMMIT'rKK February 13, 1993 MOTION; Cochran moved. Grnthwol seconded, to amend the draft ordinance by movinii (a) Preamble, from Subd. 13 out of the Code section and the ordinance renumbered accord i n»? 1 y . »OTE: Motion carried unanimous Iv. MOTION: Grathwol moved, Carlson seconded, to recommend approval of the first reading of An Ordinance Prohibiting the Use of Noti- Encased Molded Expanded Bead Polystyrene Foam Material in Buoys and Floating Structures on Lake Minnetonka as amended, VOTE: Motion carried. Babcock voting nay. Tile executive director said a letter of explanation will be drafted to Spring Park, the actual count of buoys on the lake will be cotained from the Water Patrol and the District Mooring Area licensees will be contacted to determine the type of buoy they are using. 2, Second reading ol draft ordinance amending Sect. 2.0.'), Subd. 8 Facilities with Special Density License/not constructed. The committee received an amended version of the oroii’ance relating to the effect on Special Density licenses of failure to construct licensed docks within a specified time. Fred Bruntjen, representing the Excelsior Park Tavern (EPT) and Skip Jewett and Les Renner representing RDP Partners (RDP) . were present as the two affected licensees. Carlson asked for a clarification of what two year period is being considered when setting the effective date as 11/30/93. Babcock said by adopting the ordinance effective on 11/30/93 it gives the licensees this year to construct according to the license if there has not been anv construction for two years prior to the 11/30/93 date. Babcock added there is a provision for partial construction with approval from the Board. Cochran asked if here is an existing dock, as in the case of EPf. could that be construed as partial construction. Penn responded that it would not make sense to allow the licensee to hold onto the old license. He said it is clear that the ordinance says it is violation if construction has not been started. Bruntjen said the EPT is doing its planning now I t there is not enough time before 11/30/93 to follow all of tht procedures required for reconstruction of the docks, including approv.il by the Citv of Excelsio.'. Carlson said it is important that if the multiple dock with a Special Der.sity license has not been put in place the applicant should have to abide by any new rules for provision of amenities. The executive director said the staff would need guidance on what constitutes partial construction. Babcock s a i cl t h i s ^ is something that would have to be determined by the Board, possibly on a case by case basis when the application for the multiple dock license is received. The executive director suggested that all of the amenities should be in place to support the first par tial const ruction. - continued WATER STRUCTURES COMMITTEE Eobrunry 13, l')03 Foster wondered, if there are only two affected multiple docks involved, could they be exempt from construction by 11/30/93. Babcock noted that the amenities ordinance has changed since the original approval of RDP’s Special Density license. Grathwol said the committee should figure out what has to be done to preserve the Special Density and multiple dock license gratited but not installed without allowing an open end. Babcock suggest ed changing enactment of the ordinance back to the present rather than 1 1/30/93 and changing the wording back to "any two year period commencing at any time after the effective date of this ordinance". That would give everyone a two year notice. MOTION: Grathwol moved. Babcock seconded, to recommend re-in serting "commencing at any time after the effective date of this ordinance" n”d change the enactment date to be in effect upon approval by the Boarci ar.d publirition. VOTE: Motion carried unanimously. The EPT and RDP representatives indicated their acceptance. "43. Second reading of draft ordinance changing "3 feet" to feet from the 929.4’ OIIW" amending Sect. 1.07 Subd. 3 Length Variances and Sect. 2.01, Subd. 2 a)authorized Dock Use Area. MOTION: Babcock moved. Carlson seconded, to recommend approval of An Ordinance Amending LMCD Code of Ordinances Sect. 1.07. Subdivision 3: Relating to Length Variances for Docks on Lake Minnetonka and Section 2.01. Subdivision 2: Relating to Dock Use Areas, waiving the third reading. VOTE: Motion carried unanimously. 4. Multiple Dock Licenses: per staff reports A. Renewals without change, Village Certificates Received MOTION: Babcock moved. Grathwol seconded, to recommend approval of the following Renewals Without Change: Bayview Condominiums. Spring Park Bay Cedarhurst Assn.. Robinsons Bay City of Deephaven. Carsons & St. Louis Bay Driftwood Shores Assn., Harrisons Bay City of Excelsior, Excelsior Bay Grandview Point Assn.. Carsons Bay Hennepin County. Spring Park Bay Lakewinds Assn.. Spring Park Bay City of Minnetonka Beach, Lafayette Bay, Crystal Bav and Lower Lake North City of Mound, Priests. Cooks, W Upper Lake, Phelps, Black Lake, Emerald Lake. Seton Lake, Harrisons, Jennings & West Arm Bays Dr. Glen Nelson. Stubbs Bay PM Pizza Enterprises. Black Lake Presbyterian Homes on Lake Minnetonka. Black Lake Seton Village Assn.. Harrisons City of Tonka Bay. Gideons Walden Tract .X Property Owners Assn., St. Louis Bay - continued j 1 L WATER STRUCTURES COMMITTEE February 13, 1993 West Beach Apt.. Coffee Cove Minnetonka Edgewater Apartments, Spring Park Bay Lord Fletchers of the Lake. Coffee Cove Lafayette Club, Crystal Day VOTE; Motion carried unanimously. District Mooring Area License Renewals: MOTION: Babcock moved, Grathwol seconded, to recommend approval of the following District Mooring Area License Renewals: City of Deephaven, Carsons & St. Louis Bays City of Excelsior- Excelsior Bay Minnetonka Yacht Club. Carsons Bay Methodist Lakeside Assembly, Wayzata Bay VOTE: Motion carried unanimously. Multiple Dock License Renewals Without Change, Deposit Paid MOTION: Babcock moved, Carlson seconded, to recommend approval of the following multiple dock licenses, subject to the balance due being paid by 3/31/93. Licenses will not be issued until after full payment is received. Boat Rentals of Minnetonka. Harrisons Bay Curly’s Minnetonka Marina. Lower Lake N Lord Fletcher’s Apartments. West Arm Park Hill-Park Island Apartments, Black Lake Rockvam Boat Yards. Site 1. Coffee Code Tonka Bay Marina, Lower Lake S City of Wayzata. Wayzata Bay VOTE; Motion carried unanimously B. Multiple Dock License Renewal With Minor Change in Site Plan, Not Increasing BSU or Slip Sizes: MOTION: Babcock moved, Carison seconded, to recommend approval of the following subject to balance due being paid by 3/31/93; Rockvam Boat Yards, Site 2, Coffee Cove (Density 1:10* - Special Density) Changing seasonal docks to permanent docks this spring. An as-built survey to be supplied after construction is completed. DNR permit to be updated. if needed. VOTE: Motion carried unanimously. MOTION; Babcock moved, Grathwol seconded, to recommend approval of the following subject to balance due being paid by 3/J1/9J: Min.netonka Yacht Club Site 2 and 3, St. Louis Day, renewal without change and Minnetonka Yacht Club, Site 1, Carsons Bay (Density 1:11* - Special Density) Ame_nded sUe P.Ian: Slips #.33 ...id 34, slide storage for service boats, to be - continued 1 WATER STRUCTURES COMMITTEE February 13, 1993 VOTE; moved from the south east corner to a platform next to slip #15. Slip #32, also slide storage for a service boat, to be moved from a location on the west near slides #17-31 to the former location of slips #33 and #34. Motion carried unanimously. MOTION: Babcock moved, Grathwol seconded, to recommend approval of the following subject to receipt of Village Certificate being returned or time expiring (2/13/93): Big Island Veterans Camp, Veterans Bay (Density 1:100’) Mew site plan, adding one dock and changi:;g boat storage locations. There is an increase in WSU because only two boats will be stored at dock 1 instead of four. There is an increase of 2 WSU. VOTE: Motion carried unanimously. MOTION: Babcock moved. Grathwol seconded, to recommend approval of the following subject to the balance due being paid by 3/31/93, the dock to extend no more than 100’ from shore, a new certified as-built survey to be provided: City of Greenwood, Site 1, St. Albans Bay (Density 1:9) Amended site plan, changing distance into the lake from 87’ changing the width of the section of slips -4, #19-22 from 56’ to 48’, and changing the section of slips including #5 -11 and #12-18 72’, decreasing the westward extension, and no change. to 96’; and including #1 width of the f rom 78 * to approve Sites 2 and 3 renewal with VOTE: Motion carried unanimously. C. RDP Partners Special Density License, Spring Park Day, Spring Park, review of Order conditions under which license was granted and present status The committee received a memo from Thibault regarding the renewal without change application from RDP Partners (RPPl for the 1993 season. The memo includes the conditions under which the Multiple Dock License and Special Density License Order were issued. Les Renner, speaicing for RDP Partners, said they continue working on funding for the construction of the building. The amenities required for the Special Density license depend on the building being in place. He said there have been questions about the Upper Minnetonka Yacht Club (UMYC) continuing its association with the project. The UMYC made other arrangements until the building is completed, but the UMYC still intends to be a tenant, use the ducks and have the sailing school there. Renner agreed to remove a sign at the site indicating a 1991 construction date. The executive director explained that the Order is very specific that the dock slips be made available only to members of the UMYC, the University of Minnesota sailing school and the Water Patrol. Slips are not available to tenants in the builtl- ing unless they are also members of the UM\C. The Order does not specify the type of boat to be docked. Grathwol was excused. WATER STRUCTURES COMMITTEE February IJ, 1993MOTION: Babcock moved. Cochran seconded, to recommend nporovitof the RDP Partners Multiple Dock and Special Density License renewal, with no change. ^ LicenseVOTE: Motion carried unanimously.D. Forest Arms Improvement Association, Forest Lake, OronoIn a memo dated 2/5/93 Thibault commented on the I0/^6/9^ request of Forest Arms Improvement Association (Forest Arms) for consideration of allowing the association to pay back license iCes to regain slip sizes for five slips reduced from 33* Ion*- to 24 long in 1987. This is a grandfathered license with non- conforming density. The licensed site plan shows 10 lake side slips. 5 - 32 Jong and 5 - 24’ long, and 4 16’ long inside slips. A 30 side setback is required. The current request is to move the 4 inside slips to the lake side. The proposed site plan submitted shows all 14 slins 11.5 X 32 long, with 15’ side setbacks. Jim Lange, speaking for Forest Arms, explained the historv of the multiple dock. Originally the agreement with the Citv of Orono was to allow 14 slips of equal size for the 14 member.s of the association. Over a period of time there were changes in the dock configuration, at the request of the association, when there was a size reduction due to the adoption of the WSU charges. He said at no time did they think that the changes would affect their original understanding of the slip sizes. The committee viewed the current dock site elan showing Slips #11 - 14 along the walkway opening to the sides, the pro posed site plan of 14 equal size slips all opening lakeward. and photo. Tom Theisen, Forest Anns, also showed a Julv. 1983 site plan which, according to Thibault, did not have LM(*D approval and was not part of its file. The committee and Forest Arms representatives discussed a number of arrangements, none of which were satisfactorv party. The proposal to change Slips 11 - 14 to 32’ long a problem to the LMCD in that their size o either presents was listed at 10’ x 16’ since 1987. Forest Arms contends the originaI, grandfathe red agreement was for 14 equal sized slips. Babcock explained to the applicants that the records show this site was originally 1 jensed for slips #1 - 10 at 12’ x 32’. However, slips #11 - 14 were never shown to be that size. The Code does not allow increasing slip sizes at a site with grandfa thered density. Carlson suggested allowing the 4 slips to be changed from 10’ x 16’ to 8’ x 20’, which would be the same square footage. Babcock offered n compromiro. based on the 12/2/83 siic plan, changing the widths to meet the 30’ side setbacks, for 10 slips 9.5 x 32’ and 4 slips 9.5’ x 21’, with the dock to extend no further than 100’ into the lake and a certified as-built survey to be lurnished after the docks are rebuilt. Carlson agreed with Babcock’s proposal. Theisen offered to compromise a* 10 slips 9.5’ X 32’ and 4 9 9.5 x 24’. - continued WATER STRUCTURES COMMITTEE February 13, 1993 MOTION; Cochran moved, Carlson seconued. to table the discus sion, without action, until a plan consistent with the committee suggestions offered can be agreed on. Forest Arms to work with the LMCD staff. A presentation may be made to the Board at the 2/24 meeting, if an acceptable plan is submitted in time. A slip size worksheet is to be included. VOTE: Motion carried unanimously. E. Lakeside Marina, Maxwell Bay, Orono; public notice advertis ing unauthorized off-i .ke storage for in-out service The committee received a copy of an advertisement being distributed by Lakeside Marina, Inc. offering unlimited in-out launch and park service. Labcock commented that is an unaccept able service at that location. The executive director said Lakeside Marina is not licensed for that type of off-lake storage. They advertised a similar service in 1992 but said they did not have any response. Because of the many boats at that location it is difficult to determine if this activity takes place. Foster would like to see the LMCD attorney obtain a re straining order to stop this immediately. Babcock responded he would want the attorney to come back with a detail of what ordi nances are being violated. Carlson suggested finding out ho.v the City of Orono feels about this as they have jurisdiction over the land use. NOTION: Penn moved, Carlson seconded, to place the Lakeside Marina. Inc. advertising as an agenda item at the next Board meeting with staff putting together recommendations from the LMCD attorney and the City of Orono, working together, for a concept to Slop this type of off lake storage. VOTE: Motion carried unanimously. 5. Unrestricted Watercraft Subcommittee - 2/4/93 meeting The committee reviewed the report of the Unrestricted Water craft Subcommittee meeting of 2/4/93 along with a summary of slide storage at multiple dock licensed facilities. Babcock suggested eliminating the words "sailing and in d) on page 2 under the committee recommendation for storage of unrestricted watercraft at commercial, multiple dock sites. The committee members were in agreement that there was no need to specify a type of br./<iing school. MOTION: Babcock moved, Foster seconded, to approve the concept of the Unrestri.'ed Watercraft Subcommittee report with the understanding this will lead to ordinance changes that will affect certain licenses for the 1994 season. VOTE: Motion carried .nanimously. 6. Deicing Inspections Thibnult reported all of the deicing locations that are operating have been inspected. Most were in compliance after r WATER STRUCTURES COMMITTEE February 13, I‘J‘J3 the first inspection. Three locations required a third inspec tion. Minnetonka Boat Works was deicing at the Orono site with out a fence. They also did not have a fence at the launch area of the Wnyzata site and were missing signs at both sites. North Shore Drive Marina’s fence was down. Carlson suggested denying refund of the deposit if three inspections are needed. In addition, if the violation is a lack of fence or other serious violation there should be provision for a fine. Babcock asked staff to make recommendations as to the deposit refunds for these licenses. Penn was e.xcused. Deb Breneman, North Shore Drive Marina, has raised the ques tion of the environmental impact of "curtains” used for deicing installations. It has been suggested they deter the free move ment of fish. Staff will ask the DNR Fisheries for its comments. 7. Carlson Real Estate Dredging Project: correspondence from City of Minnetrista - informational only The committee received a letter from Jay Blake, Minnetrista City Planner, dated 1/28/93, responding to the Board’s concerns at the 1/27 meeting over the alteration of wetlands in the Carl son development. The committee also received a copy of a letter from Minnetrista Mayor Carlson, dated 1/29/93. to Ceil .Strauss. MnDNR Division of Waters, commenting on the dredging project for the Carlson Real Estate Company. His letter included concerns to be considered during review of the dredging application, recog nizing the need to reduce any negative impact on the natural environment and at the same time giving safety to the boaters within the channel. A compromise channel configuration was submitted with the letter. Both lecters were for the committee’s information. There was further discussion regarding the dredging of wetlands. Foster mentioned comments he received from Clarkson Lindley. Minnehaha Creek Watershed District, regarding the dredginc. Lindley feels the dredging of this channel for access to the lake should not be allowed as it will encourage similar areas, cut ofl from the lake by wetlands, to request the same access. Carlson spoke in de/ense o'* the dredging project. The City of Minnetris ta would like to ••.ev' this area developed. Carlson pointed out that Minnetrista very restrictive development ordinances which will limit the scope of the project. 8. .lew Business A. Grays Bay Causeway The executive director distributed a news article announcing the MriDOT selection of a same bridge replacement only .i*: the alternative for the Hwy. 101 Grays Bay Bridge Replacement Project. There was no action at this time. ji y WATER STRUCTURES COMMITTEE hebruary 13, i‘Jb3 B. Lake Access Parking Agreement . , , Carlson reported the City of Minnetrista has the lake access parking agreement on its next meeting agenda. Fostei wondered i( recommended the Board member be in attendance at all city discus sions relating to its Lake Access Agreements. Carlson s..id he has put together a letter to his cit\ cx plaining the background of the agreement. He e.xpressed his willingness to help other members on their presentations. C. Technical Review Committee Babcock said the City of Spring Park has some reservations about the actions of the Technical Review Committee. . . „ . The executive director reported that the lechnical Review Committee has been very considerate of flexibility requests from the cities requesting them. Spring Park is probably experiencing questions on its flexibility needs which may call for some reduc tion in what it prefers. . In response to Babcock’s suggestion that an existing proper ty could not be redeveloped from an existing IOO?S hard cover, if it hod to meet the new ordinance requirement of 30% hard cover, the executive director responded he believes the city is being ...... • i. ine executive - - provided flexibility above 30r, but certainly less than 100 VhTcall of a major redevelopment. That would preserve Property values and at the same time bring severely , ties into some better level of helping to attain a move toward the desired new regulations. If there are ‘ executive director would welcome working with the city and bring Consultant Steve Prestin into the discussion. executi-cIn conjunction with hard cover variances, the executi c director suggested this be part of a future committee agenda. He is seeing variances being granted already for redevelopment where the alloLnce to exceed hard cover requirements is qaesUonable. He would like direction on how the district might proceed. ^ ^Babcock declared the meeting adjourned at 11:30 AM. FOR THE CCMMITTEE; Eugene Strommen. Executive Director Douglas Babcock. Chair LAKE MINNETONKA CONSERVATION DISTRICT Action Report:Lake Use and Recreation Committee Meeting:4:30 PM, Monday, February 22, 1993 Norwest Bank Building, Wayzata, Room 135 Members Present: Bert Foster. Chair, Deephaven; James Grath- wo 1. Excelsior: Thomas Reese. Mound. Also present: Sgt. Wm. Chandler. Sheriff’s Water Patrol; Eugene Strommen. Executive Director. The meeting was called to order by Foster at 4:35 PM. 1. Water Patrol Report A. Monthly Activity Report Chandler reported the following significant activity on Lake Minnetonka since the LMCD Board Meeting of 1/25/93: Accidents * A one car roll over. Excelsior Bay * Fifty year old male had fatal heart attack while ice fishing. Lower Lake. * Hazardous Spill, Manitou, Tonka Bay. NSP truck containing 30,000 gallons of transformer oil containing PCBs overturned. The spill soaked into a wetland. It is believed there is no significant impact on the environment. * Car fire - East Upper Lake - confirmed stolen from Rose ville. Car had been stripped and burned. Criminal Two thefts from fishhouses, Lower Lake and Wayzata Bay. Two thefts of fishhouses, Phelp’s Bay and Smithtown Bay. Vandalism - Point Comfort Recovered Narcotics - Lower Lake Recovered Stolen Snowmobile - Maxwell Bay Theft - South Upper Lake Chandler said the criminal activity is less than last The ongoing investigation of snowmobile thefts is well. year. going DWl*s Two DWI’s were issued for a total of six for the year Miscellaneous Fishhouse Count - Chandler submitted a fishhouse count of 989. This is more than last year but less than traditionally observed. The Police Explorer Scouts assisted the Water Patrol in making the fishhouse count. It was through their assistance that some narcotics were recovered and a stolen snowmobile recov ered. yiatUlHi LAKE USE AND RECREATION COMMITTEE February 22. 1993 Special Events - Chandler said there were no problems with the Wayzata Chili Open, 2/13-14/93. The Westonka Winter Fest, 2/13. did not have enough rest rooms and will be advised they need more for any future events. There was also a problem during the soft ball game. 2. Decibel Subcommittee Report - Plan Date and Arrangements for Decibel Testing Program Foster reported the Pollution Control Agency will handle the actual decibel testing. It was agreed there is a necessity to have a variety of boats including boats with straight pipes as well as fishing boats of various types. The e.xecutive director will contact the Minnetonka Pow^r Squadron and Minnetonka Boats Works for the use of boats. The committee set Tuesday, May 25, 1993, 2 PM at the Water Patrol dock for the decibel test. 3. Special Events A. Deposit Refund MOTION: Reese moved, Grathwol seconded, to recommend a deposit refund of $100 to Lafayette Club Family Fishing Derby, 2/7/93. VOTE: Motion carried unanimously. B. Draft Code Amendment to Allow the Executive Director to Approve New Special Event Licenses Foster explained the purpose of the Ordinance is to allow the executive director to grant or deny Special Event licenses. There is a provision for the applicant to appeal any restrictions and denial by the executive director. MOTION: Reese moved, Grathwol seconded, to recommend approval of An Ordinance Relating to Issuance of Special Events Licenses on Lake Minnetonka: Amending LMCD Code Section 3.09, Subdivision 1, 2 . 3, and 4. VOTE: Motion carried unanimously. 4. Hennepin County 1993 Lakes Improvement Program The com mittee received the following: 1) A plan for the location of the Quiet Water Area buoy placement at the North Seton channel: 2) A map of the Lake showing the 1993 "Slow" buoy placements. Denis Bailey. Hennepin County Lake Improvements, supplied the committee with a listing cf the proposed Hennepin County services and projects for the Lake in 1993 at a proposed budget cost of $174,000. Grathwol observed that the slow buoys approved for Halsted Bay were not shown on the map. The executive director will let Bailey know of the ne :d for them to be added. The executive director reported that Hennepin County has verbally advised it will eliminate the trash containers at the accesses on a one year trial basis as a result of LMCD Board action encouraging trash container removal. Instead signs will be placed at accesses asking public cooperation with proper trash disposal. - continued I - • • LAKE USE AND RECREATION COMMITTEE February 22, 1993 This is in line with the motto "What you take to the Lake, take it back again." S. Adjournment Foster declared the meeting adjourned at 5:05 PM. FOR THE COMMITTEE: Eugene Strommen Executive Director Bert Foster. Chair CITY OF ORONO PARK COMMISSION MEETING MONDAY, MARCH 1, 1993, 7:00 P.M. 2780 KELLEY PARKWAY - COUNCIL CHAMBERS ATTENDANCE AGENDA 1. Approval of Minutes of February Meeting. 2. Golf Course - Ron Steffenhagen Golf Course Superintendent. 3. Summit Beach - Susan Wilson. 4. Bike Hike Trail - Report Dick Flint. 5. Willow Drive Upgrade 12-6 - John R. Gerhardson. •URNMENT i MINUTES OF THE PARK COMMISSION MEETING OF FEBRUARY 1, 1993 ATTENDANCE 7:13 P.M. Th# Park Conmission mat on tha abova data with tha follow!n9 mambars prasent: Susan Wilson, Sharokae lisa and Li 11 McMillan. Alax Vongrias and Robart Howalls wara absent. John Qarhardson, Public Works Director, reprasantad City staff. An information discussion was held from 7:13 to 8:05 p.m. due to tha lack of a quorum. At 8:05 Chair Dick Flint arrived. (•1) APPROVAL OF MINUTES McMillan asked that Page 2, Paragraph 0, be changed to read: “Hennepin Parks will be given a non-axclusiva easement over tha trail"; and Page 3, Item #11, "monitoring usage of parks". It was moved by Wilson, seconded by lisa, to approve tha minutes of tha January 4, 1993 Park Commission meeting as amended. Ayes 4, nays 0. (92) SUMMIT BEACH IMPROVEMENTS AND CANOE RACKS Qarhardson explained tha intention of tha Park Commission is to double tha size of tha swimming beach. Tha major concern is the loss of willow trees to allow for the expansion. He reviewed the installation of a canoe rack, to be rented by residents of the communIty. Dick Reed, 1000 Old Long Lake Road, said when he purchased his property he was told unofficially that this beach was strictly for swimming, and no boat launching would be allowed. He expreased concern about additional lighting that may be needed for security reasons for the canoe rack area. He said he did not want the beach expanded. He felt the enlarged parking area at the beach took away some of the beauty and value of the park. He reported that Bruce Dayton, donator of the property, did not have any objection to either the canoe rack or the expansion of the beach area. Wilson explained their interest to expand the beach area as Orono does not many good swimming beaches. The canoe rack was requested by residents. The Commission Is interested in promoting quiet water acth'lties. She felt additional lighting would not be necessary. She said If there are any problems in the future, the canoe rack could be removed. Reed stated he was concerned that the canoe rack would be placed near his property line. Wilson stated they wanted to keep the rack as far as possible from the swimming beach. !■ 1 MINUTES OF THE PARK COMMISSION MEETING OF FEBRUARY 1, 1993 SUMMIT BEACH - CONT. Gtrhardson noted he has not received any other conments from neighboring property owners. Mr. and Mrs. Phi I I Ip Bradley arrived to Inspect the new fad Iities. The Commission recessed for a short time. Ail members felt the beach should be enlarged to make a safer play area for children. Wilson stated the estimated cost for the canoe rack Is $350 If built in-house, $500 If purchased already built. She said there may be some additional costs to clear the brush In the area prior to instai lation of the rack. She suggested directing the sub-committee (Wilson, McMillan and Howells) to review details pertaining to the beach. She felt the rack should be built to hold six canoes. It was suggested that $40.00 be charged for the rental of a rack per year. The Commission reviewed the dates that the rack will be available and hours that canoes can be launched from the beach. Wilson said she requested the hours for use of canoes be extended from dawn to dusk to allow additional time for people to enjoy their sport. They reviewed the hours posted for park use. McMillan suggested the hours of use be limited to "day light hours". She questioned the need for the City Attorney to review the contract and waiver. She suggested an annual review of the canoe rack rental. Use felt a sign indicating "canoe launching" should be posted. McMillan asked if the neighbor to the west of the park has been notified. Qerhardson said they were not notified as they are residents of Long Lake. Wilson suggested the rack be in place by April. Use clarified that the rack rental will only be available to residents of the City. Wilson suggested advertising the availability of canoe rack rental in the local newspaper and newsletter. Chair Flint arrived at this time, 6:05 p.m* (? A ui-tL* L ' MINUTES OF THE PARK COMMISSION MEETING OF FEBRUARY 1, 1993 SUMMIT BEACH - CONT. It was moved by Wilson, seconded by McMillan, to recommend to expand Summit Beach by 50* for the summer season 1993. Ayes 4, nays 0 • It was moved by Wilson, seconded by McMillan, to recommend the Installation of a six place canoe rack at the east end of Summit Park for the 1993 season, with the proposed rules and regulations, to be reviewed on an annual basis. Ayes 4, nays 0. PARK MONITORING 11se reviewed that the Commission at their last meeting decided to establish a monitoring program of the parks and their use. She submitted a draft form to be filled In by the person monitoring, and reviewed the information requested on the form. She noted at the next meeting, the Park Commission members will be assigned a specific park to monitor. (•3) REVIEW a APPROVAL OF 1993 ACTION PLAN Qerhardson referred to the schedule regarding the bike/hike trail. He suggested presenting the contract at the February 22nd meeting, but prior to that he and Chair Flint would meet with Tom Barrett, City Attorney. Chair Flint noted they need to develop the documents tor the easements to be granted for the additional right*of”way. McMillan questioned the source of funding. Qerhardson noted the Council will need to determine funding very soon. Wilson clarified that the Commission agreed that OBA could remove the items from Bederwood Park as they wished. Use said the City may want to replace some of the benches at the park. McMillan questioned whether OBA would be removing the side fence. Use felt, without the fence, more versatility is provided for the use of the park. They discussed several possibilities for the Crystal Bay site. It was suggested that a survey be done of the property. I MINUTES OF THE PARK COMMISSION MEETING OF FEBRUARY 1, 1993 1993 ACTION PLAN - CONT. Chair Flint fait they should continue to pursue an updated comprehensive park plan. Wilson was opposed to paying a planner to work on a comprehensive plan. She felt the Commission members knew Orono much better and could do the work. McMillan Inquired about the update of park equipment for the Navarre park. Chair Flint noted that can be discussed at the June tour. Wilson discussed the sewer pond and the issue of raising the water level. She Informed the Commission that if there are muskrats in the pond, they will get rid of the cattails, which In turn will enable the water level to rise. They discussed the different options of seeding the maintenance of a trail. area and Wilson noted the sub-committee will return with a recommendation on the type of grass to be planned at the March meeting of the Park Commission. It was moved by lise, seconded by Wilson, to approve the 1993 Action Plan of the Park Commission as amended. Ayes 4, nays 0. Qerhardson noted that Long Lake may be interested In establishing bike/hike trails that may connect with trails In Orono. Me said he would follow up on that Issue. McMillan mentioned there Is an organized cross country ski event scheduled for Wednesday evening at Orono Qolf Course. (#4) REVIEW CASCO POINT PARK DEED TO DETERMINE RESTRICTIONS Wilson reviewed that the Commission hfd considered adding some trails through the woodland area. Qerhardson suggested discussing the Instal let Ion of trails with the neighbors. Wilson asked who currently maintains the property. Qerhardson said the City does the maintenance work, and they could cut more trails If that Is deemed appropriate. f-r r 1 CT3b HINUTE8 OF THE PARK COMMISSION MEETING OF FEBRUARY 1, 1993 CASCO POINT PARK - CONT. Wilson fsit the area should ba left In a natural state but enhance the walking trails. «‘urai sxate, out perhaps McMillan felt the decision should be made by the neighborhood. the*parks”^ »^uld revisit the Issue at the June tour of ADJOURNMENT adjourned the regular meeting of the Park CofmtfssforvSt 9:20 p«in* The next meeting will be Monday, March 1, 1993 at 7;C0 p.m. Richard Flint, Chair Person i TO:Mayor and City Council FROM: Ron Moorse, City Administrator DATS:March 4, 1993 SOTJBCT. Proposed Policy Concerning Kage Continuation in the Case of a Life Threatening Illness current City policy allows bank of h°'J5Vn^ne“ss “ 4e City i--e8 not have a polic^ cSncernrnrwtIe in the case of a lij*. threatening •n«aaoo fS»nletes an employee's accumulated sick leave. Staff is ^commending the Council consider ior \rLind;This recommendation stems from the ®Pe?“^° ®^huatior of b Walters the City's Assistant Finance Director. Ms. Walters nas she is able to return to work. once an employee's sick st?ff'fJecoZSio^ that* the City"^a>uncil consider a policy that woulJ Pt°''t'^®, «ess°‘th:tn.,s*°S^^;:?eran Isave^ The reco^ended peri^od^of^ pay peri . This wage continuation would not af?ect tie budget simply continues her no^al wages u* u .r-A ■tnf'itided in the budget. The proposed policy could have additional costs beyond budgeted wage amounts if the absence of an employee retire. The hiring or scheduling of a temporary replacement. t-K* rnnncil is supportive of this type of policy, staff will with the City Attorney to develop a policy that addresses employee needs while placing strict parameters on its use. r'TM Tamarack Investments, Inc. W. . I ll February 17, 1993 FEB 1 9 1S85 City of Orono P. 0. Box 66 Crystal Bay, MN 55323 ATTENTION:Ms. Jeanne Mabusth Zoning Administrator SUBJECT;SPRING HILL CENTER COMPLEX Orono, MN Dear Ms. Mabusth: As per the terms of the Conditional Use Permit, Resolution No* 2956, adopted April 22, 1991, granted to the Spring Hill Land Company Limited Partnership by the City of Orono and by the Partnership’s lettt^r to the City dated April 22, 1991, please accept the fcllowirg as Spring Hill’s second annual report: 1.The Spring Hill Center Complex continues to operate as a conference center contrrcting with organizations as required by your ordinance for conferenc.^s, retreats and educational purposes only. 2.The regular lessees of the facility during 1992 were as follows: b. Freshwater Foundation Woodridge Church 3.Woodridge Church conducted regular religious services on the premises on Sundays and used the premises for other church related activities during certain other days of the week* The church had a number of weddings and other events* i.Freshwater Foundation operated its offices on the site regularly during 1992 and sponsored occasional events* 5.The few other activities were for conferences, retreats or educational seminars including one for General Mills, Advance Machine Corporation, and Play It Again Sports* 445 EM Lake Street • VPtfxsa, MN 55591-1665 • Phone (612) 475-5532 • FAX (612) 475-0152 i ji 4 \ LAKE MINNETONKA CONSERVATION DISTRICT 900 E. Wayzata Blvd, Suite 160, Wayzata MN 55391 473-7033 Tuesday Wednesday Thursday Saturday Tuesday Thursday Friday Monday Wednesday 02/26/93 L.M.C.D. MEETING SCHEDULE MARCH 1993 (**as amended) Environment Committee 8:30 am, #135 Norwest Bank Bldg, Wayzata Fee Study Subcommittee 3:30 pm, LMCD Office, Wayzata Lake Access Task Force Siting Subcomm. 6:30 pm, LMCD Office, Wayzata Lk Access Task Force Steering Committee 8:00 pm, LMCD Office, Wayzata **Fluridone Evaluation Enclosure Trials 8:30 am, #135 Norwest Bank Bldg, Wayzata Administrative Committee 3:30 pm, LMCD Office, Wayzata Water Structures Committee 7:30 am, #135 Norwest Bank Bldg, Wayzata **Lake Use Density Study Review 8:00 am, LMCD Office, Wayzata Lake Access Committee 7:00 pm, LMcD Office, Wayzata Lake Access Task Force 7:00 pm, #135 Norwest Bank Bldg, Wayzata Eurasian Water Milfoil Task Force 8*30 am, #135 Norwest Bank Bldg, Wayzata Lake Use and Recreation Committee 4:30 pm, #135 Norwest Bank Bldg, Wayzata LMCD Board of Directors Regular Meeting 7:30 pm. Tonka Bay City Hall /LAKE MINNETONKA CONSERVATION DISTRIT Environment Committee AGENDA8:00 am, Tuesday, March 9, 1993LMCD Conference Room 160 Norvest Bank Bldg., Wayzata 1. Welcome and introductions. Chair JoEllen Hurr MAR 1 1983 3. Shoreland Ordinance adoption progress among the eleven cities participating in the Technical Review Committee and the three cities Greenwood, Orono and Wayzata preparing their ordinance outside the committee plan, per Ed Fick, MN DNR. 4. Lakewatch water monitoring preparations for 1993 Secchi disk, water temperature and additional observations per arrangements with the Freshwater Sa*? Minnetonka Lakeshore Owners Association (LHLOA). 5. Water quality goal for Lake Minnetonka, to address ^^e question *What do .e want the lake to be?* - discussion as introduced in May, 1992 and recommendations for how to approach it. 6. Management Plan objective to regulate mari.n^ dispcsaJ, at licensed multiple dock facilities, discussion and consideration of guidelines for boating season start-up, 7. Additional business and next meeting date. a. Adjournment LAKE MINNETONKA CONSERVATION DISTRICT Environment Comniittee Minutes 8:35 am, Tuesday, January 12, 1993 LMCD Conference Room, Norwest Bank Bldg. Present:Chair JoEllen Hurr, Orono; Dave Cochran, Greenwood; Fred Bruntjen, Excelsior; Executive Director Gene Strommen MINUTES. Chair Hurr opened the meeting which was delayed due to current heavy snow conditions. Attendance was depleted as a result, but Hurr proceeded with the agenda with a quorum of three present. Minutes were accepted as presented. PROPOSED ORDINANCE PROHIBITING USE OF NON-ENCASED MOLDED EXPANDED POLYSTYRENE FLOTATION MATERIAL. Strommen circulated an amended copy of the Orono Ordinance #104 with suggested changes made by the LMCD Water Structures Committee at its 1/9/93 regular meeting. The LMCD proposed adaptation of the Orono ordinance has been forwarded to Orono planning assistant Mike Gaffron. It will be up for LMCD board review and possible adoption at its 1/27/93 meeting. There were no further committee recommendations to the proposed adaptation. TRUNK HIGHWAY 101/GRAYS BAY BRIDGE REPLACEMENT ENVIRONMENTAL IMPACT STATEMENT (EIS) AND A PROPOSED LMCD RESPONSE. A draft cover letter stating a recommended LMCD position and historical background supplement was reviewed by Cochran. As a participant in the 1983 and 1986 task force studies o* Lake Minnetonka public access which included a review of the Grays Bay access, Cochran drafted the proposed reply. Cochran also drew upon his service as a member of the Minnehaha Creek Watershed District Board of Managers in researching previous historical study material for the reply. References to and support of portions of MCWD Rule G, Stream and Lake Crossings, and Role F. Shoreline Improvement, were recommended for the transmitta’ letter. Hurr and Cochran offered the recommendation that the position letter and historical background be sent immediately to MnDOT since the December 1 response deadline has already passed. It was concluded that this position would meet LMCD expectations for this project. The executive director was asked :o prepare the letter and attachments to MnDOT with a copy to HCWD. DREDGING POLICY. Strommen reported that Greenwood member_ _ Frank Kelly called to osk that a reference be added to MnDNR /, ENVIRONMENT COMMITTEE, Minutes, 1/12/93, P. 2 Protected Waters Permit Application for Dredging stating specifically that the applicant "must meet dredging standards of the Joint Policy Statement on Dredging" and that these standards be made known to all applicants. The proposed Joint Policy Statement on Dredging is up for LMCD response and possible DNR and MCWD adoption as the responsible governing units the end of January. The committee concurred with Kelly's suggestion which will be forwarded to the DNR. NEXT MEETING. Hurr advised she would call the next Environment Committee meeting for Tuesday, March 9. She asked that Ed Pick, MnDNR Shoreland Rules project manager be invitged to make a presentation regarding the Environmental inpact the Shoreland Ordinances will have as a result of all 14 Lake Minnetonka cities having them adopted by May, 1993. Resjpectfclly submitted. Eu^^e R. Strommen Executive Director LMLOA lu^ Htfi MIQ?A PUBLICATION OF THE LAKE MINNETONKA LAKESHORE OWNERS ASSOCUTIONjFUnuury1993V-.Si-teue 1 of 5 MILFOIL — WHAT IS GOING ON? ^ . a > • a. ________________I ^ 1992 was a light year for milfoil. We were lucky. Milfoil was better in 1992 because: • There was substantially less sunshine • The lake was about 10 degrees colder, and • The water level was 1.5 feet higher. Milfoil could get worse on Minnetonka. Sorry for the bad news, but most people think it probably will. We have learnt much from our nearby slates, Michigan and Wisconsin. Both of these states have had milfoil for approximately 25 years and estimates are that 1500 to 2000 water bodies in each state have received this pesky weed during that course of time. Minnesota new has 62 lakes with milfoil and the list continues to grow. This past year, lakes in the Alexandria and Brainerd areas were identified with infestations. How many more lakes in Minnesota will become infested with milfoil? There are about 1400 prime" lakes in Minnesota. "Prime" is defined as supporting boating, fishing, and has a certain water quality. It is easy to estimate that for over 25 years, like Michigan and Wisconsin, 1400 iakes in Minnesota will receive milfoil. What is in the immediate future? We are aware of organized bay*by"bay efforts to attack this pesky weed. As an example, the lakeshore owners in Carson ’s Bay together pay $5,000 for chemical treatments wch year. Similar things happen in Forest Lake, St. Alban ’s Bay and Libbs Lake that we are aware of. This is done in what is considered "public waters" of Minnesota. This past year the LMCD and DNR did embark on a strategy to test the effects of the herbicide, SONAR, on St. Alban ’s Bay. 1992 was for plant inventory. 1993 for SONAR application, and 1994 to see the results. This study has been "shelved" due to some objections to SONAR and the realization that an inventory of fish was not taken. The DNR is now preparing to test SONAR on four other lakes, not Minnetorika. It plans to maintain one as a baseline, and work with the others on dosage amounts. This new DNR test will not generate results until 1997, four years from now. It is anybody’s guess as to whether this new test will be rep»esentative for Lake Minnetonka. Governor Carlson recently stated, "According to a recent Minnesota survey, the DNR’s most important Job Is preventing the spread of milfoil." We hope that the DNR recognizes this and puts the appropriate resources in place. A new development on biological control has received wide spread attention — the weevil. Sallie Sheldon, who grew up on Lake Minnetonka, is heading up research on the weevil at Middlebury College in Vermont. The weevil is part of the snout beetle family, the same family that the boll weevil, cotton ’s nemesis, comes from. This weevil appears to &,.ly eat milfoil! If this wwvil is placed in native vegetation only, it starves to death. Researchers admit that the weevil will not solve the milfoil issue, but it may well be part of the solution. Many questions still exist about the weevil, such as: • Hoy/ many weevils will it take to knock back an acre of milfoil? • Do weevils grow naturally? • Will weevils take over a water body? • What happens to the weevil if, there is no milfoil? We will try to keep you abreast of any developments as they happen. D.NR study, weevil research. Stay tuned! ON THE INSIDE... Results of Board Election ............................ 3 Property Taxes.............................................. 3 Winter Lake Safety...................................... 4 Editorials ...................................................... ^ Bay Rep Extraordinaire............................... ^ Your Place in the LMLOA .......................... ^ On The Lake Febniar>- 1993 From The Helm by Don Germanson, PresHent Are wc as lakeshore owners, dumb, stupid, naive, or Should the LMLOA create just plain unaware? Decisions are being made daily that affect our lives. A lakeshore owner is being sued $5,000 becaus . of a recent LMCD rule that doesn’t allow this lakeshore owner to put out a dock. LMLOA gets a call. Another lakeshore owner is being fined $400 by the DNR for an improper dock. We get a call. A new lakeshore owner in Mound now realizes they are not a lakeshore owner. This is because they live on what is called "Commons Property," and their neighbors across the street can put a dock out in front of this house. We get another call. Two other lakeshore owners have converging property lines so they have continual "dock wars." The LMCD adjusts their dock rules. LMLOA gets a call. The message is not, "do not call me," — but rather, "how can we become better informed?" Should the LMLOA become the public relations department for the LMCD? MCWD? DNR? Cities? a buyers’ guide for prospective Lake Minnetonka lakeshore owners? Please call the LMLOA Hotline at 472-9876 with your ideas. Your LMLOA board is working on this issue and needs your input! ____ E-Z Pick-Me-Up by Jane Best-Regnier With snow and ice covering our bays, we can be reminded about other ways that we can be good to our environment. One of those ways is recycling. Each of our communities has contracted with a recycling company for bi-monthly curbside pick-up. We have received a colored plastic container to hold our recyclables. But if you are like me, that small container holds only one-fourth of what you set out at the curb. I spoke with John Gerhardsen, Public Works Director in Orono and he had some encouraging words about recycling. Orono, along with six other communities, contracts with E-Z Recycling in St. Paul. Year-to-date tonnage figures are: Greenfield.....................................................15.56% Independence................................ .... 16.65 Long Lake ................................................ 15.26 Loreno....................................................... 25 04 Maple Plain ................................................ 16.64 Medina ..................................................... 18.88 Orono ....................................................... 20.35 There is not a high profit margin in recycling, which makes it difficult for recycling contractors. Some do their own hauling to get better prices, st^metimes covering two or three stales to get a good price for their collection. Things are stabilizing, as technology takes over, making products from recyclables. Gerhardsen us^ another example of recycling. On a recent sewer project, the need to repave the road resulted. "When you repave a road, it’s difficult to change the grade, so we used a machin *o grind up the asphalt and crush it to be re-used to pave the roadway." Gerhardsen ’s enthusiasmfor re-using/recycling products is evident. He doesn’t agree with wasting resources. His advice, "Don’t be afraid to recycle. It’s one of the easiest things to do. Once you get into the system, it becomes second nature." Some Tips for Recycling... ✓ Set up separate containers for each item (i.e., plastic, glass, aluminum, etc. ✓ Non-recyctable items (milk cartons, margarine tubs) can be sent to schools for art projects. ✓ Encourage your kids, neighbors and friends to be involved in recycling. / Choose Items packaged m recycled/recyclable materials when purchasing. / Look for household battery drop-off sites in your area. On' The Lake Februar)' 1993 Results of LMLOA Board Elections The first-ever membership election for board members resulted in 325 (31%) ballots being returned, and the following individuals (re-)elected to board positions (c = current board member; n = new board member): 1-Year Term C Bev Blomberg Maxwell Bay C Jennifer Doizenroth Casco Point C Kathy Pyatt Forest Lake N Bob Tomalka Priest Bay 2-Year Term C Jane Best-Regnier N Ron Glesne C Galen Golz C Carole Munson Forest Lake North Arm West Arm Phelps Bay 170 193 139 125 156 153 173 130 3-Year Term C Miles Canning N Bob Leighton N Jeff Magnuson N Steve Wood St. Alban ’s 205 Spring Pk Bay 130 Halstead Bay 149 Crystal Bay 154 Thank you to Caroline McNulty, Echo Bay and Karen Zubert. Upper Lake Southeast, for assisting in the ballot count. The individuals listed below were also on the election ballot. The LMLOA thanks them for their interest in the organization, and looks forward to working with them in our various endeavors! BUI Bohnhoff.....................................................Shady Island Ward Edwards ...................................... Carmans Bay Denny Flack ... Jennings Bay Tom Frahm .................................................... Casco Point Will Hack ...................................................... Casco Point Claudia Henry ..........................................Phelps Bay Lyn Hintermeister.....................Upper Lake Southeast Dan Johnson......................................... Wayzata Bay Charlie Jones.........................................Lafayette Bay Craig Lindell.............................. Crystal Bay Marcia .Mickalik .......................Upper Lake Southeast Ron Motyka ....................................... Jennings Bay Owen Nelson..................................Enchanted Island Dean O’Borsky .........................................Phelps Bay Les Renner..............................Upper Lake Southeast LynDelle Skoglund.................................. Cook’s Bay Joanne Sullivan ................................St. Alban ’s Bay Dean Utierberg ............................ West Arm LMLOA "Cap The Tax” Bill in Progress by Tom Pokonosky and Newell Weed We re carrying the cause to the Legislature in an attempt to cap property taxes based on income levels and stem the tide of people who must move from their life-long homes because they cannot afford to pay the taxes. For input, please call the Tax Committee Chairs of the LMLOA, Neu^ Weed (475-1882) or Tom Pokonosky (474-4345) or the LMLOA Hoi Line at 472- 9876. The LMLOA recently sent a questionnaire to some members asking what percentage of their gross income is paid out for property taxes. The results were as we expected — somewhat tragic for lakeshore homeowners. The minimum percent of income paid to property tax was 5.6% and the high was over 33%. The average income paid for property tax was 14.2%. This first sampling was smaller than we need to effectively move the Legislature. Enclosed is a questionnairei card (yellow) for all members to respond. Please return the card ASAP. The chart at right compares property taxes (as a % of income) of .akeshore area with outstate cities — these are averages — our bill will put a "max' at 5% or 6%. LifcaMMrB Cite t if Fivt Avtrtfi Nit Tm 1 Mil Til % if 0mm fmmm Ovt-fitti Cfliii Flm Avtrtff Mu Til 1 Nit Til % tf Crass lacaaM 317 ISO 173 MaOim 120 101 IxoWw 31 1341 S24 lantM 171 272 1.10 U7 l$16 004 iMi#342 310 m Wtytttt n 1M0 010 II207 411 100 0mm 110 755 Otmi OtilOi 212 250 103 Ompmmn IDS 2901 702 277 440 113 MUm SmcS •22V 000 Ridiaiiif 2350 500 133 Ommmmi 10 3000 11SI 1!«»107 227 01 Property Tat Comparisons for Lake Metro and Sample Qut'Statt Cities (Hesidents m/Annual Income of S20,000-S29,999) On The Lake Febmar>‘ 1993 Wintertime Good Citizens and Safety on the Lake by Pat McCollough Bill Chandler of the Hennepin County Water Patrol discussed some of the rules, use and misuse of Lake Minnetonka during the wintertime. While the focus shifts from boats and water to ice, fish houses and snowmobiles, many rules remain the same. Snowmobiles and cars on the ice have the same rules as other motorized vehicles (e.g., boats, jet skis). These vehicles should be a minimum of 150 feet away from the shoreline, except to pass through a narrow channel or navigate in a straight line out from the shoreline. Lake users are reminded that use of cars and trucks on the ice are subject to the same laws regarding liquor as on the open road — no open containers in the car or truck and under legal limits for alcohol while driving. For snowmobilers, the same rules apply as boat use. under legal limits for intoxication, but open containers allowed. Recently, the Sheriffs Depanment, the LMCD. the DNR and several snowmobile organizations met to have discussions about how to respect the interests of both the lakeshore owners and the snowmobilers as well as promote safety on the lake for everyone using it. Lakeshore owners are a responsive group to work with because they have an investment in the lake. The snowmobile organizations also work closely with the sheriff because they are organized to promote safe and responsible recreational use of the lake for snowmobiling. The most common problems of winter use include snowmobiles traversing on private property, people skipping open water in channels and killing ducks, persons who are uneducated about rules and out having fiin, and a small fraction that intentionally violate laws. The Sheriff has the same "person power" on the lake in the winter as in the summer. In fact, the Sheriff is more visible in the winter. The Department h.is 10 snowmobiles and 3 trucks for wioter use. In the summer, there are 4 boats available staffed with 2 officers. Lakeshore owners are requested to call the Sheriff (471-8528) if they observe problem fish houses, loud panying, littering and trash. The Sheriff will check these complaints. If persons suspect criminal activity, they should call 9-1-1. Finally. Sheriff Chandler pleaded with persons to be careful on the ice. Ice is never safe! Six snowmobiles have gone through on Lake Minnetonka, and 5 deputies have suffered injuries in rescue operations this year. Deputy BUi Chandler of the Hennepia County WiUer Patrol Lake Minnetonka Winter Rules - Hypothermia Danger assumed that a person may die if his/her normal core temperature (98.6 degrees) drops below 78 degrees. Three factors come into play in causing hypothermia: Cold, Hypothermia is a condition that occurs when the body is losing heat faster than it can be produced, thus lowering the normal body core temperature. As the body temperature falls, vital organs fail to function. It is 9y 6|-/f4k Opiimis'h f^cssimist Wetness and Wind. First aid for hypothermia requires warming the victim and r“moving any wet clothing. Below are some steps to follow; 1. Get victim out of the water. SEND SOMEONE FOR HELP. DIAL 9-1-1 in Metro area. 2. After victim is out of the water, make sure hc/sbc is breathing and has a pulse. If not — start CPR. 3. Get victim to warmth. DON’T WASTE TIME. 4. Once in a warm spot, replace wet clothing with dry or wrap the victim in a blanket. 5. If victim 1% scmj-conscious or worse, try to keep him/ber awake. Keep the head tilted hack to insure an open Ilf passage. DO NOT GIVE AN UNCONSCIOUS PERSON LIQUIDS! 6 In all cases, get the victim to competent medical attention as soon as possible. On Ihe Lake February 1993 To the Editor Public Access Boats... Lakeshore Boats...50/50 Balance? by Don Germanson Let’s get real! You as a Lake Minnetonka lakeshore owner are about to lose your rights for a safe and enjoyable boating experience! Currently, there is a "Lake Access Task Force" working to achieve 700 car/trailer parking spots for "free" public access. In addition, there are currently 4400 boats on Lake Minnetonka shoreline that are not "lakeshore owner." We consider these boats as "fee" public access and they are made up of: marinas, yacht clubs, apartments, condos, city docks and home associations. Traditionally the "fee" public access user has been lumped in with the lakeshore owners. Doing this, while at the same time increasing "free" public access, has stressed Minnetonka to crowded conditions. THIS IS NOT FAIR! If just 20% (880 boats) of the "fee" based group and all the 700 "free" public access users are on the lake, the lake is technically "full." HOW CROWDED DO WE WANT LAKE MINNETONKA? Lake Minnetonka usage is currently divided by: 20% FREE public access 34% Lakeshore 46% FEE public access We are far from where I think we should be. A new formula is needed for Lake Minnetonka. Either we cut the lake into even thirds, or we split the fee ba.sed group in half. For example, the marinas and yacht clubs go with the public access group and the city residential docks go with the lakeshore count. Your voice is needed now! Contact your mayors, city council, and LMCD reps. They need your input! LMLOA's Message to LMCD: Moratorium on New Lake Access Development by Miles Canning, Greenwood/St. Alban's Bay Resident As an elected LMLOA board member. 1 want to express disappointment witli the progress and policies of the Lake Minnetonka Conservation District (LMCD), specifically regarding new lake access. The LMLO.A wants its position on these two topics to be cr/stal clear: we oppose more construction of unrestricted public accesses. Adding more unrestricted public accesses when those we have are not managed now is unnecessary. Buying up private property, adding "hard cover" parking space. ’ residential neighborhoods and increasing traffic, both o and off the lake, is not justified by demographic data. On the contrary, on many summer weekends traffic already threatens both the peace and safety of resident and non resident boaters and homeowners. LMLOA members are concerned about the decline in property values that accompanies the uncontrolled public accesses we .ilready have! This lake is already stressed with over-use. and we’re disappointed the LMCD does not address this problem before campaigning for more unrestricted public accesses. Spending hundreds of thousands of dollars for new development is totally inappropriate when environmental issues like milfoil, lake clean-up, and water quality go begging for futanctng. Our organization welcomes all LMCD representatives to our board me<^ings, social events and educational forums. All representatives already regularly receive our newsletters free of charge. We also commend the LMCD for recently meeting with .t jyors. We assume the mayors will encourage their LMCD appointees to support conservation efforts that will preserve this finite resource by limiting its exploitation. Perhaps the LMCD isn’t accountable to the 14 cities h is supposed to represent. After all, the LMCD team is appointed, not elected, there isn’t a democratic process for citizen-recall, no matter how unresponsive or ineffective. I know why lakeshore owners are disappointed. Those LMCD representatives gung-ho on building graiKliose new acces.ses should be dis —appointed as well. 0/V THL LAKE is publication of the Lake Minnetonka Lakeshore Owners Association, paid for by its members and mailed to them in February. Joly and September. April and November issues go to all lakeshore owners. Deadline for articles is the 5th of the month preceding tne month of issue. Inquiries can be directed to Lee Ann Sanna, Editor: LMLOA, P.O. Box 596, Excelsior, MN 55331 0696, phone 472 9876. To keep its readers better informed. LMLOA allows its columnists to fully express their opinions. All views expressed are not necessarily those of the publication. On The Lake FtJt'ruary 1993 Brown's Bay Rep Extraordinarre Don Gamble is the LMLOA representative for Brown’s Bay. The bay stands at Number 1 in LMLOA membership percentage. Don cleaned up the list of addresses and telephone numbers wherein 25% of the names and addresses were not on Lake Minnetonka. Enthusiasm and awareness of lake issues burget)ns through the Brown’s Bay residents. Don and his wife. by Lee Ann Sanna 0t V r k; Dir.i Gamble Marilyn, have lived on the bay for 30 years. Their family grew up loving and respecting the lake and that manifested itself in their love for sailing. Don realized a dream when he and co- owner/skipper Roy Mordaunt won Class A in the 1982 Inland Lakes Yachting Association Regatta held in conjunction with the Minnetonka Yacht Club’s 100th Anniversary. Years before the LMLOA. Don was an active member, director and president (1970-71) of the Greater Lake Minnetonka Council, Inc. (GLMC). The GLMC was formed in 1948 and operated according under the principles of maintaining, conserving and improving the natural resources of Lake Minnetonka for the benefit of all persons. This was done through public awareness and securing action from governmental bodies. The Council disbanded in late 1981 due to lack of interest and the formation of the LMCD. The efforts of both groups would have been duplicated (but that was before milfoil and lake access issues). Prior to dissolution, the council made its last ord« of business to raise money for the purchase of a 54-acre parcel of land on Big Island in memory of Dr, Arthur Allen. Dr. Allen, a long-time resident of Lake Minnetonka and founder of the GLMC, was honored when the land was dedicated in his name as the Dr. Arthur Allen Wildlife Sanctuary. The sanctuary was turned over to the Metro Park Foundation which in turn gave it to Hennepin Parks. Contemplating for a few moments, Don Gamble gave his scenario for what he hopes is the future for Lake Minnetonka: He hopes that milfoil is eradicated, that lake usage is not increased and that access of motorized vehicles curtailed — all in order to improve and then maintain the water quality of the lake. Countdown...LMLOA 2000 -f- by Miles Canning FIVE >• In an effort to keep down administrative costs, this year you will receive a renewal invoice in the mail one year after you joined LMLOA in 1992. Look for your renewal notice, and please respond right away! Get a neighbor to join this year as well: double your support! FOUR • All memberships for 1991 expired in December 1991. As of January 1992. we initiated a "revolving" membership policy. This is to insure everyone the full 12-month membership benefit for their annual $25. We topped 1000 members last year, we plan to double that number in 1993. and with your help, we will. rH'O •• This year the voting membership will have more opportunities to participate and enjoy the educational, social and important issue-oriented campaigns launched to benefit alt lakeshorc owners. THREE — As you’ve watched our numbers grow in 1992, you’ve undoubtedly enjoyed some of the key events we’ve been able to sponsor: Earth Day 1992, Minnetonka Memories, and bay .'membership get-togethers. You’ve seen your newsletter evolve into a professional, education^ oriented tool that keeps us informed. ONE • Cuf b<H>ks are balanced, our organization has been strengthened this year by a written marketing plan, revised by-laws and by the thousands of hours of volunteer time contributed by your neighbors and friends. Please show your support and renew your membership today. BLAST-OFF ^ The LMLOA owes its existence only to you — it counts on your membership! On V ic Lake Febniar>' 1993There's A Place For You in The LMLOA!Vice PresidentBy fioihy Pyatt There's a lot of excitement brewing of late about our Lake Association. Every day I talk to an enthusiastic person who is choosing to get invi>lved in one of the LMLOA programs. The lake water monitoring program called "Lake Watch” is just about filled. We need four more people to lepresent Brown ’s Bay. Libbs Lake, Peavey Lake and Tanager Lake. This project will begin at 10:00 a m. on April 13 at Lord Fletcher’s. HJ ^ Another program that takes a minimum of time is the "Loon Watch" program. Anyone w ho has an eye for these very beautiful birds can become a "Loon Ranger. For information call the LMLOA Hotline at 472-9876. ^ ^ ^ The LMLOA has been reorganizing the bay rep positions and feels ready to encourage a three-part bay organization. This will sprej^.d the work and attract individuals to their main interest: Communications, membership or social. "There are many ways you could be involved in your lake association. If you would like information on any of these things, or just basic weekly information, simply call the LMLOA "Hotline" at 472-9876. If you are unable to donate any time, your support is definitely needed, please sign up a new member and renew your membership now! s- .▼p' C/em Birch, Kathy Pyatt and Don Germanson on the set of Lake Caiuntry Currents The new cable production called Lake Country Currents IS airing. If you have a desire to add your ideas to this program, let us know at 472-9876. The program is currently airing on Channel 20, Mondays at 11:30 a.m.. Tuesdays at 6:30 p.m.. and Saturdays at 10:30 p.m.. and on Channel 21. Tuesdays at 7:30 p.m. The program will soon be on Paragon Channel 33. r- .'l ir* t i.v 9^ \/i, ■'±-TA ^ % :‘s^ Z’ .'Wl .'1 3Sm rM't' ■’.'I urL A.- How will it take this snowman to melt? The snowman was built at the Excelsior Bay Yacht Club as part of Excelsior’s Wintrrhest activities. Party Time! by Jennifer Dotzenroth With the overwhelming response from last summer ’s gala event Lake Minnetonka Memories, the LMLOA Social Committee has been asked to repeat the theme this year. If you were fortunate to attend last year, you know how interesting and fun the party was! Those of you who were unable to attend, watch for future bulletins and newslener updates so you don ’t miss this fantastic celebration. The many hours of work and planning volunteered to produce this event were a crucial pan of its success. Again, our thanks to tho.se who contributed' Persons interested in ser\ ing on the Social Comminee are most welcome. If you know of any individuals who have a historical perspective of Lake Minnetonka, or have any ideas regarding items of interest, such as old bric-a- brac displays, please call the LMLOA Hotline, 472-9876, we’d love to hea; from you Our first planning session will be he’ 1 at the Lafayette Club, 7:00 p m.. February 24 and the second session will be at Lord Fletcher’s at 7 00 p m., on Ma'ch 8 W(* hope you are able to artemi! On The Lake February 199? Co-Existing in this "Loonie” Worid In today’s increasingly crowded world, loons and people must co-exist on the same lakes. Several loons have returned to Lake Minnetonka and surrounding area lakes. An important part of protecting loons on your lake is monitoring the loons and the factors that affect them. It is also fun, enlightening and helps the Loon Watch Institute and DNR evaluate the over-all health of the loon population. Loon Watch monitors the travel patterns and habitats of loons. Dennis French, a resident of Harrison Bay, is the new Loon Watch Director for the LMLOA. If you want to be a Loon Ranger, please call the LMLOA Hot Line at 472-9876. 1992 93 LMLOA Staff OFFICERS Don Germanson, President Kathy Pyatt, Vice President Marcia Michalik, Treasurer Bav Biombarg, Secretary Echo Bay Forest Lake Upper Lake SE Maxwell Bay DIRECTORS Lea Ann Senna, Newsletter Milas Canning, Membership Fred Badiyan. Milfoil Jennifer Dotzanroth, Social Ga'an Golz, Lower Lake Carole Munson, Upper Lake Jana Bast-Ragnier, Northern Tier Bob Tomaika Ron Giasne Bob Leighton Jeff Magnuson Stave Wood Black Lake St Albans Bay St Albans Bay Casco Point Libbs Lake Phelps Bay Forest Lake Priest Bay North Arm- Spring Pk Bay Halstead Bay Crystal Bay COMMITTEE COORDINATORS Alain Fracon, Legal Tom Pokonosky, Tax Newell Weed, Tax Smith Bay Carsoria Bay Browns Bay LMI.OA INCOME STATEMENT 1992 INCOME ACTUAL Business Memberships $1,050.00 Individual Memberships 27,235.00 Donations from Members 5,129.67 TOTAL INCOME $33,414.67 EXPENSES Administrative $3,014.21 Darabase Maintenance 2,495.28 Education/Maiiings/Forums 2,259.80 Membership Expenses 4,282.72 Social Committee 1,762.14 Newsletter Expenses 11,292.57 Operating Expenses 3.990.51 TOTAL EXPENSES $29,097.23 NET INCOME $4,317.44 •i f •On The I ake Febnury 1993 CURRENT CONTRIBUTORS H«lm • <$100 or nrore) Chcritt Timbtrg Robtrt/Jane Trtnary Grovatar»d HO Attn Stm/Joyct Mtrfitid Navigator-($25 or more) Lortn/Ntomi Adtmt Bill Bohnhoff Ptttr Brttk Jim Ctrgill Bill/Joyct Clark MichttI Colbtrt Dfck/Gingtr Cravtn EUa Crotby Htnry Crotby Bob/Suttn Doerr Tom/Judy Eat John/Jatn Folin Tarry/Kathit Forbord Jim/Cathy Gray Mohard Hanaon Elian Hallar Nancy Higgtna Brian Jaokaon Raymond Johnaon Thomaa Lowa Robert MacDonald Carola Munaon Roger Nord John/Charyl O'Shaughnassy Elizabath Owan Yaia/Suzi Smilay Richard Paulaon John Purdy \Aniliam Smith HarryATirginia Saraatf Douglaa/Ann Saraat Cavid Wainar 'tobart Whita David Willatta BUSINESS MEMBERS T« iryaa ft ftaaodataa 16828 Graya Bay Blvd. Wayzata Bumat RaaRy 318 E Laka Straat. Wayzata Carlton Companlaa 12768 Highway 88. Plymouth Gray Fraatiwatar Biological Inathuta 2800 Shadywood Road, Navarra Hour QIaaa Claanara 426 Laka St. Excalaior iafayatta Ckib 2800 Nortnviav¥ Rd. Miruiatorika Batch Lord Flatehar'a 3746 Sunaat Drivt. Spring Park Lundgran Broa. Momaa 938 E Wayzata Blvd. Wayzata MInnatonka Partabla Dradging 800 W Laka Straat. Excalaior Janninga Bay Upper Watt Wayzata Bay Cryatal Bay Smithtown Bay Enchanted lalar>d Janninga Bay Cooka Bay Cooka Bay Browna Bay Browna Bay Priaat Bay Gideon Bay Watt Arm Cryatal Bay Echo Bay Priaat Bay Smithtown Bay Caraona Bay Smith Bay Cooka Bay Carmarta Bay Lafayatta Bay Gidaona Bay Phalpa Bay Upper Waat Upper Waat Browna Bay Carmana Bay Smith Bay Waat Arm Smith Bay Cryatal Bay Halataad Bay Smithtown Bay Smith Bay Wayzata Bay 8S0-0031 473- 3000 471-847B 471-B47B 474- 8B00 471-B4B3 471B813 473- 1231 474- B4B4 Lake Minnetonka Lakeshore Owners Association ON THE LAKE P.O. Box 596 Excelsioi, MN 55331-0596 (612) 472-9876 BULK KATB POSTACB PAID ixctitlor, MN Permit No. 108 Do Not Forward Address Correction Requested Return Postage Guaranteed Membership Exp:Non City Council PO Box 66 CRYSTAL BAY MN 55323 r.l tiI' c... FEB 2 6 10S3 Thank You! To the law offices of Frommclt and Hide, Ltd., 900 Second Avenue South, Minneapolis, for donating a fax machine to the LMLOA. This is greatly appreciated! We are still building a fax network, please call the LMLOA Hotline at 472- 9S76 if you have a fax machine you could make available to the LMLOA. k- MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ROLL The Orono Planning Commission met on the above date with the following members present: Acting Planning Commission Chair Maureen Bellows, Charles Schroeder, Candace Rowiette, Jeff Johnson and Ed Cohen. Cohen left the meeting at 9:15 p.m. Stephen Peterson was absent. The following represented the City Staff: Zoning Administrator Jeanne Mabusth, and Septic Manager Stephen Weckman. Council members Gabriel Jabbour and J. Oiann Goetten were present. Chair Bellows called the meeting to order at 7:00 p.m. (•1) 61798 FRED 6 BARBARA RYAN, 1345 NORTH ARM DRIVE - VACATION - PUBLIC HEARING 7:00 - 7:10 P.M. The Affidavit of Pub 11 cat I on and Certificate of Mai I ing were noted. Nr. and Mrs. Ryan were present for the application. Mabusth reviewed an earlier application Involving a petition to vacate portions of Forest Boulevard. The application was tabled until access to the G. Nelson property and easements to City sewer lines within a previously vacated road known as Oak Place are resolved. Mabusth indicated this issue will now be handled through the City Attorney. Staff recommends continuing the review of the Ryan's individual request to vacate, and will continue the review of the original 1988 petition to vacated excluding the Johnson and Nelson properties. Mr. Ryan stated they are In the process of selling their home and would like to clear up the issue prior to that. Richard Johnson, 1304 Elmwood, was present with general comments Bellows suggested he return when the entire issue is to be reviewed and state his comments then. Schroeder asked for clarification of the issue. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE 91798 ~ CONT. Mabusth explained once the City vacated the area adjacent to Forest Lake Boulevard, the next step would be to vacate the remaining areas as the City had no Interest in the property. Because of the unique ownership of properties in the area, individuals must work directly with the City to file the appropriate documents in the chain of title for their property. During the review of the first vacation application, Mr. Nelson provided a written letter questioning when the City would resolve the access problem resulting from an earlier vacation of Oak Place that landlocked his property. It was the Planning Commission's recommendation during the second vacation appiication of Forest Boulevard to defer the matter until the City could resolve the Nelson's dilemma. Schroeder clarified that this vacation request will not affect the Nelson's position. Mabusth concurred. It was moved by Schroeder, seconded by Cohen, to recommend approval of Application #1798 for Fred and Barbara Ryan, 1345 North Arm Drive, for the vacation of dedicated road. Forest Boulevard. Ayes 5, nays 0. (#2) #1800 MICHAEL PLANK, 4115/4145 WATERTOWN ROAD - SUBDIVISION OF A LOT LINE REARRANGEMENT PUBLIC HEARING 7:40 - 7:48 P.N. The Affidavit of Pub I ication and Certificate of Mai I ing were noted. Mark Gronberg was present Weckman explained the applicant Is requesting a lot line rearrangement increasing the size of 4145 Watertown Road to 13.24 acres to allow for future subdivision of this lot. Staff recommends that ownership of Out lot A be transferred to 4145 Watertown Road with an access easement to 4115 Watertown Road. He reviewed the additional dedication for drainage easements recommended by the City Engineer. Bellows stated that the subdivision of the larger lot will be expensive due to the drainageway that will have to be crossed to provide an access drive. Pam Sawchuck, 4105 Watertown Road, asked for clarification of the request. Gronberg explained the propose* would create the possibility for an additional lot on the western side of the lot. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE tlBOO - CONT. It was moved by Johnson, seconded by Cohen, to recommend approval of Application #1800 Michael Plank, 4115/4145 Watertown Road, for a subdivision of a lot line rearrangement, conditioned upon the applicant making the provisions for additional drainage easements over the expanded wetland area, legal combination of 4145 Waiertown Road with Parcel A and transfer of ownership of Parcel A to 4145 Watertown Road, and granting of an access easement to 4145 Watertown Road. Ayes 5, nays 0. (•3) #1803 WOODHILL COUNTRY CLUB, 200 WOODHILL ROAD - PRELIMINARY SUBDIVISION - PUBLIC HEARING 8:10 ~ 9:15 P.M. The Affidavit of Pub I i cat ion and Certificate of Mailing were noted. Henry Kingman, Robert Mitchell and Rick Sathre were present to represent the applicants. Mabusth explained this application was tabled in 1990 due to Indecision of the access drive. The real impact for the proposed road would be the future subdivisions of the Prudden property with a potential for three lots. The road currently serves two properties and would also serve the proposed new residential lot. The City Engineer has recommended a future road corridor be installed at no greater than a 8-9% slope with a replatted curve meeting 30 mph standards. Staff is recommending future planning needs be addressed and create a future road out lot at this time, however It need not be constructed at this time, and recommend that the road be upgraded to the point that the private road outlot be extended northward allowing the temporary use of the existing roadway and providing a temporary back-out apron rather than a cul- de-sac. The Country Club has asked that they not be required to make road improvements at this point if the future road outlot *s provided. Bellows questioned the road upgrade. Mabusth stated that the road was proposed for partial upgrading because of decisions made in the earlier subdivision application. Mitchell stated the object of the County Club is to place the house as far back on the lot so as not to change the aesthetics of the property. He noted the possibility of the future road sweeping up the hill would impact the house location and destroy the natural environment provided. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE 91803 - CONT. Sathro reviewad the problems with the placement of the future road. He felt If the future roadway speeds were reduced a more appropriate placement could be realized. Mitchell asked why the road couldn’t be widened In location if needed in the future.the same Mrs. Carpenter, 480 Russell Avenue, expressed concern about the potential cul-de-sac location. She noted In the previous application, It was suggested the road be widened to the south. She felt the road should be widened to the north to provide the least amount of impact to her property. She said she is not opposed to the back-out apron. Henry Kingman felt during the original subdivision of the area, all these issues were addressed and provided for. Mitchell noted the Country Club does not object to a hammer-head turnaround along the Carpenter property, or a complete road outlot and the roadway could be moved further to the north. He said they wish to follow as near as possible the existing road as the curve is sharper, but the slope is gentler. He addressed the upgrade to the road after the construction of the new residence. Bellows noted that per the code during the development of the third lot, the road must be upgraded to a private road. Mabusth asked Carpenter If they have access across Outlot A. Carpenter said they are allowed to use the outlot, but it Is not feasible to do so. Mitchell confirmed that Carpenters do not have ar easement over the dr Iveway. Cohen quest Ioned if they intend to create a road which will require a four-wheel drive to access during the winter months. Mitchell said it is a desireabie piece of property that those who purchase are willing to make the sacrifice to get up the hill. Bellows clarified that streets and roads are a major safety Issue and they have an obligation to make it safe for emergency vehicles in a safe manner. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1803 - CONT. Mabusth clarified that the City Engineer is noting the curve shown does not meet the standards for a 30 mph roadway, therefore he suggests the repositioning of the road. The Engineer is recommending the road be upgraded to a cul-de-sac at this point. She explained the options for recommendation available to the Planning Commission. Bellows questioned the rational behind approving the hammer-head turnaround for three residential lots which does not address the need for emergency vehicles. MaLJSth stated once again this was based on discussions during the first subdivision. Johnson clarified that the roadway will need to be upgraded at the time the Pruddens propose a subdivision of their property, and the City will look to the Pruddens to fund the entire project at that time. He felt It would be more equitable to improve the entire roadway to the next logical point of development at this time. Mabusth sought clarification and asked if he meant to improve the road to a 24* wide road up the hill, and to not construct the cul- de-sac at this time? Johnson stated, “yes'*. Kingman felt It would not be a problem to do as suggested, but expressed desire to not have the road widened to the north. Mitchell understood that the City would allow a maximum of three houses on a private drive. He said what Is being presented is new to him and his client and he will review the issues with them. He said In widening the roadway, they will do the best they can to widen the road away from the Carpenters* property. Bellows stated that the road doesn’t need to be upgraded until the fourth residence is a widely-held misconception. Mabusth noted with a rural section of road there would be more impact to the area with a 24* paved road and 6* ditches. She said an urban section would require a 28* paved road measured to the inside of the curbs. Mitchell said they hoped to protect the natural environment by limiting the road width. He said to clear cut for the road would have a tremendous effect. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE 61803 - CONT. Mabusth suggested that the Planning Commission include In their recommendation the applicant work with the City Engineer to assure Orono standards are upheld and at some time consider steep slopes, location of mature trees and location of existing and proposed development. Bellows polled the Commission and all agreed that the roadway should be extended to the northern most lot line. It was moved by Bellows, seconded by Rowlette, to recommend approval of Application #1803 Woodhill Country Club, 200 WoodhiI I Road, for preliminary subdivision creating one additional residential lot, subject to the upgrading of the private road meeting the Engineer's recommendation for such road, and subject to Conditions 61 through 4 In staff memo. Ayes 5, nays 0. (64) 61796 PETER W. T. L'ALLIER, 2684 LYOIARD AVENUE - CONDITIONAL USE PERMIT - PUBLIC HEARING 7:10 - 7:19 P.M. The AffIdavlt of PubIIcatIon and Cert IfIcate of MalIing wore noted. Peter L'Aliier was present. Mabusth stated the former residence Is currently being renovated. The former detached garage was removed and replaced with a structure that would sustain a second story garage attached by a 6’ skyway. The building permit for the living quarters above the garage were approved without a kitchen. The conditional use permit Is needed because c^pplicants proposed the installation of a kitchen. Access to the apartment is via the second story of the principle structure through an open exercise area, with secondary access through the garage and second story rear access stairs. L’AMler stated the third access to the apartment is from the rear through a porch area. He noted the reason for the guest apartment is to provide a residence for his parents. He said he does not Intend to rent the unit. Beilows felt the exterior entrance would not meet the Intent of the code. Johnson agreed that If the property were sold, the potential of the apartment becoming a rental unit is very real. r Li^. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE 91796 - CONT. Mabusth suggested the same condition as that Imposed on Robert Waade, that being the approval runs with the owner not with the property. Cohen said he would like the plans redesigned to meet the code, that being the entrance through the principle portion of the residence. Bellows agreed that for safety sake, they should allow the second entrance through the garage, but felt the entrance through the porch area should be eliminated. L*AIHer agreed to the removal of the third access. It was moved by Cohen, seconder by Rowlette, to recommend approval of AppIIcation #1796 for Peter T. L’Allier, 2684 Lydiard Avenue, approving a conditional use permit for a guest apartment within the principle residence, conditioned upon the removal of the third access through the three-season porch, an approving resolution filed in the chain of title indicating the apartment cannot be used as a rental unit, and is issued to current owners and If property Is transferred to a new owner, it shall be the new owner's responsibility to obtain a new conditional use permit for the non- rental apartment or remove the kitchen. Ayes 4, nays 1. Johnson voted nay. Johnson felt the apartment does not meet the intent of the code to have access through the primary structure by having a second access. (#5) #1797 TROY ANDER80N, 1490 LONG LAKE BOULEVARD - VARIANCE - PUBLIC HEARING 7:50 - 8:10 P.M. The Affidavit of Pub Iication and Certificate of Mailing were noted. Troy Anderson was present. Weckman explained the applicant proposes the addition of a second story over a portion of the existing residence within a substandard side yard setback. Anderson noted the condition to upgrade the septic if necessary wl th the add!tion. ti ' MINUTES OF THE ORONO PLANNING COMMISSION MEETINGHELD FEBRUARY 16, 1993 ZONING FILE §1797 - CONT. Keith VandenBranden, 1480 Long Lake Boulevard, explained most residences to the west of his property are lake cottages. He said he applauds Anderson's contribution to the neighborhood, but expressed concern about the proximity to the lot Iine and the scope of the project. He felt the project encroaches his property, and requested screening between the oroperties. He noted his residence meets the required setback. Anderson agreed to supply screening between the properties. Bellows noted It would be ''ery expensive to provide 20’ screening to block the views from the second story, and asked VandenBranden’s expectations of the screening. VandenBranden felt there is not sufficient area to provide the necessary screening. He suggested provid. j a 30’ wide easement to the property to the north and have a common drive and use the area currently consumed by the access easement for the new garage. Anderson said that would cross the future septic area and is not feasible. Bellows said Anderson has agreed to provide the screening as requestec, but it appears that if additional land is not provided by VandenBranden, the plantings may not be possible. She felt the applicant has tried to be amenable with the neighboring property owner. Beverly Greeney, 1485 Long Lake Boulevard, asked If the setback requirements do not mean anything. Bellows stated the applicant is properly requesting a variance as he cannot meet the requirement. Qreeney objected because the adjacent neighbor objects. Anderson noted the addition wlI I not impact the Greeney property. Schroeder asked if it were possible to provide the plantings on the VandenBranden property. VandenBranden noted due to the location of the power lines, any screening would be trimrad every 3 to 5 years. Johnson suggested the applicant and neighbor discuss the possibilities and return with a solution. 8 HINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FESRUARY 16, 1993 ZONING FILE §1797 - CONT. Anderson noted this Is the only feasible expansion to the property. It was moved by Cohen, seconded by Schroeder, to recommend approval of Application #1797 Troy Anderson, 1490 Long Lake Boulevard, for a side yard setback variance to allow the addition of a second story to the existing residence, conditioned upon the applicant providing natural screening along the western lot line and subject to presentation of a plan for such to the City. Ayes 5, nays 0. (#6) #1797 ALBERT A SALLY HANSER, 1685 FOX STREET - CONDITIONAL USE PERMIT/VARIANCE - PUBLIC HEARING 7:20 - 7:38 P.M. The Affidavit of PubIIcatlon and Certificate of Mai Iing were noted. Albert and Sally Hanser were present. Mabusth explained the applicant are required to obtain a conditional use permit for excavations greater than 1’ for the purpose of creating a sediment trap. The City has asked the applicants to consider expansion of the application that would allow 1’ excavations outside the proposed pond area, this would provide compensatory storage for the filling or expansion of the Fox Street road bed. Mr. Hanser said he was concerned about the effect on the trees In the area. He noted he would be agreeable to the expansion of the project, if the trees would remain in tact. Mark Gronberg felt the City probably could not go all the way to the edge of the drainage easement, but they could get close. He stated they may be able to obtain 18,000-19,000 square feet surface area, but probably could not obtain the 21,000 square footage as requested by the DNR. Bellows asked If there was any other area they could obtain. Mabusth felt If the City could use a portion of Hansers’ property for mitigation, they could find a smaller area to make up the difference. She suggested presenting the appiIcants* portion of the request to the Council, and staff continue to work with the applicants on the expansion of the project. It was moved by Cohen, seconded by Johnson, to recommend a(H3roval of Application #1799 for Albert and Sally Hanser, 1685 Fox Street, for a conditional use permit and variance to allow the excavation of 8,000 s.f. area to create a sediment trap. Ayes 5, nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 (•7) »1801 E.W. BLANCH COMPANY, 2505 OLD BEACH ROAD - VARIANCE - PUBLIC HEARING 9:15 - 9:30 P.M. The Affidavit of Pubi i cat I on and Certificate of Mai i ing were noted. Cohen abstained from any discussion regarding this item and left the meeting at this time, 9:t5 p.m. Mabusth explained this is the first variance to the Ordinance dealing with allowed building height. She explained how final allowed height is determined. She said given the flood plain In the area and the need to raise the residence and the design proposed for the house creates the problem. She reviewed the issues and hardship facts as presented by the applicant. She said from the road, this house will have little impact. Shawn O’Laughlin, representative of the E.W. Blanch Company, said they are trying to create a traditional colonial home with a mansard roof. He said this is the only lot of the seven lot development to be built on grade. The rest are walk-outs. He asked that they use this project as a way to amend the ordinance with some subdivisions. He said this is an unique situation, and the ordinance does not address a lot of this type. Schroeder felt the proposed structure does not violate the intent of the code. It was moved by Schroeder, seconded by Johnson, to recommend approval of Application #1601 for E. W. Blanch, 2505 Old Beach Road, granting a variance to the vertical height ordinance, per the hardships expressed by the applicant. Ayes 4, nays 0. Cohen abstained. (•8) 41802 ORONO INDEPENDENT SCHOOL DISTRICT 8278, 770 OLD CRYSTAL BAY ROAD - CONDITIONAL USE PERMIT - PUBLIC HEARING 9:30 - 9:50 P.M. The Affidavit of Pubi icatlon and Certificate of Mai I ing were noted. Nei i Lawton, Business Manager; Dr. Mich, Superintendent; Jim Franklin and Peg Swanson, Board members; Melanie DeLuca, Community Education Director; Bert Hagland, Architect; were present to represent the School District. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE #1802 - CONT. Mabusth explained the applicant seeks approval of a conditional use permit to permit the addition to the existing day care structure to allow expansion for the latch key programs. She noted the church will continue to use the structure on Wednesdays and Sundays. She noted some corrections to the plans: the School District will not construct a new parking area but will expand on the existing, and no drainage swales are proposed. All improvements on the site meet the 50* setback from all property lines. The City Engineer has asked for raised curbing along the north side of the parking lot. She noted there wiiI be no change In current drainage pattern. She reviewed the landscape plan for the property. She noted the City will request an easement for the bike trail that intercedes property within 500’ of the street setback area. She explained how the parking lot is used for over-flow parking by the School for special events, and the Police Chief has Indicated he would like the parking area expanded to 50 or 60 stall capacity. Bellows stated this project is part of an over-all concept for the campus area. She agreed with the Police Chief that the additional parking is an appropriate request. Mabusth noted the Police Chief was pleased to see the addition of lighting. She explained the School will be using the same size slgoage as approved for the church. Lawson explained the School District feels the parking area does not need the additional parking, and noted its activities will never coincide with that of the Church’s. He felt the addition would not facilitate a larger congregation. He reminded them that the School District does own the 50+/- acres to the north and additional parking could be supplied at a later date on that property. Rowiette said she is concerned about the semi-circle proposed to direct traffic. She questioned if the area will create a traffic problem. Mabusth stated this design is similar to the driveway layout used on the school campus and involves one way directional lanes. She would recommend the same for this site. Rowiette expressed concern about the design of the parking area. Bellows noted this is an area that you want to slow people down while driving. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE *1802 - CONT. DeLuca noted during the day there is a iimited number of cars in the parking lot, and the Schooi sets up cones to direct traffic during appropriate hours. She noted it wouid heip if the parking iot could be just stripped opposed to raised curbing to ailow the children to use the area during day care hours. Mabusth noted a small area of the parking lot will be involved in the raised curbing. All members felt there was a need for the addition and the Schooi runs a fine program. Dr. Mich stated the School District was unaware of the additional right-of-way dedication for the bike path. There was some discussion regarding, the trail, and it was determined that the Schooi Board would review the issue at their next Board meeting. Lawson questioned the need to post a bond to cover the Improvements. Mabusth stated that this request would be best addressed by the CounciI. Bellows questioned Commission members about their feelings regarding the need for the additional parking. Mabusth indicated the church was required to install 57 parking stalls with the approval of their original plan. That plan was never realized to Its full capacity, and the parking lot was never enlarged to that size. She noted the code requires 40 stalls for the current level of church use; the most restrictive of the multiple uses proposed. DeLuca explained every dollar utilized for the day care program takes away from the childrens’ needs, and they could provide much more If the parking area does not need to be expanded. Mabusth stated the City can always review the parking at a later date If parking becomes a problem based on the approval of the conditional use permit. » ■4 ■> j MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1993 ZONING FILE 61802 - CONT. It was moved by Johnson, seconded by Schroeder, to recommend approval of Application *1802 Orono School District *278, 770 Old Crystal Bay Road, granting approval for a conditional use permit to allow the construction of an addition to the existing day care building, based on conditions presented by staff, and based on the number of parking stalls be maintained at 40 stalls. Ayes 4, nays 0. Mabusth asked that one stall be approved within the required setback area. All members agreed that would be appropriate. («9) REPORT BY PLANNING COMMISSION REPRESENTATIVE There was no report. (•10) OTHER ISSUES Bellows asked that they tiy to better use the means communication between the Planning Commission and Council. (ill) APPROVAL OF MINUTES It was moved by Bellows, seconded by Johnson, approve the minutes of the January 19, 1993 Planning Commission meeting. Ayes S, nays 0. (•12) REPRESENTATIVE TO THE COUNCIL MEETING Bellows volunteered to attend the meeting March 8, 1993 Council meeting. ADJOURNMENT Chair Bellows adjourned the regular Planning Coiiwiission meeting at 10:06 p.m. Maureen Bellows, Chair Person I • • » ; « < Metropolitan Waste Control Commission 1994 Budget Development Process It’s your turn t<) speak.y yk*'!’.;'';. ' > •• ;/• .t * •■ *!“' **■ *.**•'• • ••* • • • t ;•, *• . :/• . w 0 R4- ft' Charges, ■■v'i .V-»i iLiVt.-*. V 'rfirt’-' Governance Technology ‘‘rjl**** a'V* . Ss #- » ww^'-viirr. •j' ■ • r -<»*•••■«- • •• ,• • • •••• •».* CT»» J ■ • JV »_•% ^ .. A/. IM.''’ Mi I#•«* ## • . i*., . -•*. ; m. ■ - • • b. ♦ . » , t5 Customer service Other concerns •* • «i.«' •£... ■. V,» ' • Si rr M ... -.;r^ We’re here to listen:* '* -lifc- . T. .“r-- -- - - i. . .i * 4. :. s. * March 11 in Excelsior Copper Stein on County Road 19, one mile off Highway 7 • March 16 in Maplewood Maplewood Inn, 1-694 and White Bear Avenue March 18 in South St. Paul Drover's Inn, 1-^94 and South Concord Street .. X , • * • * •>.%> . ■' - #■ 0. .•■ 0f‘ March 23 in Bloomington Emba^ Suites, 2800 W. 80th S^ ;|| south of i-494 near Penn Ave. * nd* '7^ « •» March 17 in St. Paul Kelly Inn, 1-94 and Rice Street ^ (focus on industrial users) V.. '• r*- March 24 In Brooklyn Park Edinburgh Golf C<Mrse clubhouse. 85th Ave. between Hwys. ,252 ■« 4 ■ 4. r T..;v . If you plan to attend, contact Sarah Kline at the MWCC,■w. .*. 0,-f f.\\ ■:* lik .•e» •,\o TO: FROM: Mayor and City Council Ron Moorse, City Administrator //A DATE:March 5, 1993 SUBJEC«: Proposal Regarding a Police Reserve Recognition Event I have attached a memo from the Police Chief requesting funding for an appreciation dinner for the Police Reserve Officers. The cost would be $400 to $500 and would be funded through the police department budget within the current budget allocation. It is certainly appropriate for the City to recognize those who volunteer their efforts to the City. The Police Reserve unit enables the police department to provide enhanced service levels to Orono and the contract cities very cost effectively. The recognition of Police Reserve officers is handled in a variety of ways by cities. Some do have appreciation banquets. Because this is a proposal to provi-^e a way for the City as well as the Police Department to express its appreciation to the Reserve unit, staff is seeking direction from the Council about how they would like to do this and whether a dinner funded by the City is an acceptable option. 4 ... • ' >. i*' # ■ Date:March 5, 1993 To;Ron Moorse From;StevQ Sullivan Subject:Police Reserve Recognition Event Background: , ^ . . .. Orono has a twenty member police reserve unit. During both 1991 and 1992, the members donated over 3000 hours performing a wide variety of tasks. 7he reserve officers work special events such as football and basketball games, fishing contests. Corn Days, and other community events. They are "called out" to help with traffic control at major accidents, fire scenes, and to assist searching crime scenes. They also come out to transport prisoners to the downtown Hennepin County Jail which allows an Orono police officer to stay in Orono. They help us to provide extra services and help us to avoid paying "overtime" to regular officers who wo would have to call out if there were no reserve unit. In the past, the Police Benevolent Association has roco^ized the reserves with an annual "Appreciation Banquet". As the unit got bigger and costs went up, the dinner was dovmgraded to hot appetizers which were paid for from the benevolent association. Last year, I also gave out letters of appreciation and plaques for 10 and 15 year service awards. This year I would like to have a buffet dinner for the reserve officers and their guests. I propose that the city buy the dinner for them. The regular officers would pay for their o%m meals. I also intend to give awards out for the reserve officer who donated the most hours in 1991 and 1992. (And possibly have the council pass a resolution to thank those two reserve officers in particular.) Anticipated costs: If all 20 reserves came with a guest, there would be 40 people at $10 or $12 per dinner maximum. The upper limit would be $480, although I would anticipate the cost to be closer to $400 for the buffet dinner. I have money in my police budget for "meetings, conferences, and schools". I believe it would be appropriate to spend $400 to show our appreciation to the reserve unit officers and their spouses at a reserve appreciation dinner. I request approval to pi an the reserve recognition event on an annual basis with the city approval to buy a buffet dinner for the reserve officers and their guests. Lea^e of Minnesota Cities 3490 I^exington Avenue North St Pbul, MN 55126 (612)490-5600 March I, 1993 MAR 3 TO:Mayors, Managers, and Clerks FROM; James F. MilU Executive DireccMr JjL^ R£; 1993 Legislative Conference — Thursday, March 18 Radisson St. Paul Hotel Hearings are now being held on the League's new LGA formula, an update qf the state's revenue forecast is about to be released, the Governor's pay freeze proposal is under consideration, compliance requirements for pay equity will be determined, Rep. 0/field's proposab on limittuions to metropolitan growth are being discussed, efforts are being made to overturn annexation changes made last year, and the likelihood of a transportation funding bill is very uncertain. These arc just a few of the reasons you should register now to attend the 1993 League of Minnesota Cities 1993 Legislative Conference. During the morning session. Senator John Hottinger and LMC Senior Legislative Representative Don Diddams will provide an update of the League's LGA proposal, other staff members will discuss the current status of personnel, transportation, elections, and environmental issues. In addition, the DFL and IR leaders from both the House and the Senate have agreed to address the conference Rotunda Rally at the State Capitol. Following the rally, we have set aside 2 hours to allow you time to schedule meetings with your Representative and Senator. We strongly urge you to call them now and set up a specific time to meet them in their offices. (Cities Bulletin No. 1 contained a list of legislators office locations and phone numbers. If you do not have that information, please call House information (612) 296-2146 or Senate i»lbrmation (612) 296-0504.) Legi.^lators have been invited to the LMC Legislative Reception which will be held from 4:30 • 6:45 at the Radisson StPaul In the past, we have had good attendance from Legislators. We hope that you will also personally contact your Representative and Senator and invite them to meet you there Please send in your regisuations for the March 18 conference TODAY. League of ]Vfinnesota Cities 1993 Legislative Conference Thursday, March 18 St Paul Radisson Hotel 11 East Kellogg Blvd. St Paul, MN 55101 Agenda 8:00 -9:15 Registration 9:15-9:30 9:30- 10:15 President’s message and Introductions: Larry Bakkcn Mayor. Golden Valley James F. Miller LMC Executive Director Legislative Briefing: LGA and the Local Government Trust Fund Senator John Hottinger Don Diddams. LMC staff 10:15-10:30 Break 10:30-11:45 l^?gislalivc Briefing: Personnel, Transportation. Elections. Development, Environment Joe! Jainnik. E.MC staff Sar.ah Hackctt. LMC staff Ann Higgins. LMC staff 11:45-12 30 Luiicii 1:00 ■ 1:45 Capitol Rally 2:00 - 4 IK) City officials incel with ttiiir legislators 4 30 h 45 Ivi-gislalive Rneption Radisson .St. P.ml Hotel •••• •:R^istration form i.... . ^ V ' ■' .X r . ■ ■>' v. ,■■■■ . . --.X ■ ............................ :i- vs r - - - ■ *Im V ■ ■ *v tele*s«,|l^ntwtype):^ :v>' .''.-.xvV.'SiNs • '"C. * I y "3'-'> m - -■ ■ ; ■ ■ Av-■ :■■ ::-^fgggg- Advaacn Rngistaration DeMUIae —Marcli 11,1993 '■'Hi? -$t paul, MN 551^ ■ U i«-«afesssss^ 34W UidngtonAvtm^ i2ik Offganteatkm- LeMiw of MlniWMte Qli« ^ ■> ■>•;. ■ '.■■ .• .: j-x" v’-v^-X- :. t« p«iM MiKhiT.tt.mi group must bo rtcahmd hy Mafd>4.l (1^6 print or type) Name . v ' . • ■ ■:c Addreg ■. QtV Company *■ , . . . ^ . - ■*■: ■. Sharing room with ... Signature / / Month/Oay/YMT Arrival Date Check In time 3KM p.m. • • *V V. .-.S* ■ 4 ------—m. No.ofp«nwi*_ ; r-:W Phone number y:.,W; ■. >;< ■/ Arrival Tbna Month/Day/Yaar Dapailura Data Ch^ out dnia 12:00 pm ■x..> - — <■ . ■ ..c -s-^^ ■■ .^’yx ActOTnmo4«iions wll not bo confirmod without • dwelt for tho first nlghr* d^Muit or u« fOurAmoKM Oinort Ouboodltcordnumbor toguorontooyowlosofvofion. VoutMflha dwrgod for tho first nl0ht If rosoorodom ora not uncoiod M hours prior to owtuol Ctodit cord • ______________________________________ PloasotlMchono □ Amos D Visa 0 Mastarcard EopOodon data IMaho cbocii pa yhia aad muoM t« lUdlssMi N«tal St. Pawl t1 East KcNagg Blvd. St. Paul. fiOM SS101 $«» Slagle $69 DauMa (2 paap la) r SEE OVERSIZE DOCUMENT(S) ■j—,’3 L'f } ___ wmsmm