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02-10-1992 Council Packet
I:- ■ mt?-0 !&■ fen ife- MINUTES OF THE REGULAR OROMO COUNCIL MEETIn HELD FEBRUARY 10, 1992 ROLL The Council met on the above date with the following members present: Mayor Barbara Peterson, CounciImembers Gabriel Jabbour, Edward Callahan, and J. DIann Goetten. Mary Butler was absent. The following represented the City staff: City Acministrator Ron Moorse, Public Works Director John Gerhardson, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Septic Manager Stephen Weckman, City Attorney Tom Barrett, City Engineer Glenn Cook and "^ity Recorder Teri Naab. Mayor Peterson called the meeting to order it 7:0C P.M. (#1) CONSENT AGENDA Goetten removed Item #11. Mayor Peterson added Item #9. Callahan removed Items #5 and 13. It was moved by Callahan, seconded by Goetten, to approve the Consent Agenda, with the exception of Items #5, 11 and 13, and with the addition of Item ff9. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. (»#2) APPROVAL OF MINUTES It was moved by Ca' lahan, seconded by Goetten, to approve *e minutes of the regular meeting of the Orono Counci I held on Janui*- y 27, 1992. Ayes 4, rays 0. (#3) PARK COMMISSION APPLICANT INTERVIEWS Mayor Peterson announced that Les Kelley had passed away that week, and on behalf of the City Council, the Planning Commission and the Park Commission wished extended their sincere condolences to the Kaitey famiIy. Mark Johnson. 1025 Heritage Lane Johnson explained that he is Interested in the basebal situation in Orono and the need for a facility. He noted he has lived in the City for 4 1/2 years and would like to get more involved with City Issues. He felt that the City could be spending more on park-type improvements. ■P- mi f'S^V W^- p ' ''■E'- ?^?i. MU4UTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 PARK COMMISSION APPLICANT IN»TERVIEWS - CONT . Mayor Peterson asked if Johnson was familiar with the Park Commissjon’s current projects. Johnson noted that he was familiar with the bike/hike trail, and stated he had not attended any of the Park Commission meetings. LIN Tod McMillan. 1275 Lyman Avenue McMiI I an noted that she had reviewed the minutes from the 1991 Park Commission meetings and realized the Commission is dealing with many issues. Mayor Peterson asked If she was aware that the Commission is looking to develop a master park plan for the City. McMillan asked if that would be an update of the current plan. Mayor Peterson asked what McMI I l an fel t was the most important Issue before the Commission. McMillan felt that the Crystal Bay site was the most Dressing issue. She also felt the Commission should look to the citizens for Input In the development of the comprehensive park plan. Goetten asked her opinion of the bike/hike trail opportunity. McMillan felt It was an important part of the City’s park system, and felt It was a more complex issue be'*ause of the many organizations Involved with the development of the trail. Dana Mock. 80 Hackberry Hill Mock noted she has I ived in Orotio for 5 years and has a 1 year old child. She felt that the safety of children using the park equipment was very impoitant. Mayor Peterson asked If she had attended any of the Park Comniission meetings, and asked what she felt was the most important issue the Comnission was currently dealing with. Mock noted she had net attended any of the meetings, but feit that safety of those using the parks was very Important. She noted the park system could use more organization, such as Hackberry Hi I I has a basketbalI hoop with grass under it, which is unusable. She felt that neighborhood watches should be organized. fUf: r'^ fermm r ~ ' 'il' p’- ft: k-’f *’■! ■Hi I6-. fp'm%f-f'-hp K'kv cc ■. ^ • - ,-*.'i ■ ■*** l:-Hi -vu ■^';y::- ■ i V.2Hv ‘ '-■^''i^feiJii^'if-iiiri MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 PARK COMMISSION APPLICANT INTERVIEWS Robert Howe Ms. 1423 ^-rk Drive Howells noted he ha > be<»n a re^: de.it of Orono since aje 2. He is a retired school teacher, focioall and baseball coach, and has worked for Hennepin County Parks. He noted since he Is retired he has more time to dedicate to civic duties. He felt the nature park near him could be upgraded. He noted he had not attended any of the meetings of the Park Commission. Catherine E. Miller. 1635 Shadvwood Road Miller sta+ed she has lived in Orono for the past 25 yea-s and has come to appreciate the park system even more with her grandchildren. She noted she has not attended any current Park Commission meetings, but went to the meeting where the Commission decided that a dock would not be inotal led at Sandy Beach. She noted that she had not been notified cf that meeting and felt that there should be a dock provided. Miller stated that she has more time to get involved with issues of the City. Mayor Peterson announced that the Council will decide who will he appointed to the Park Commiss '.n at their February 24th meeting. Goetten noted that many of the applicants had noted comments or suggestions on their application about the park system, and urged them to contact either Gerhardson or Dick Flint to relay those thoughts. Tim Pattrin. 1360 Railroad Avenue - Inaole to attend the meeting. PLANNING COMMISSION COMMENTS - MAUREEN BELLOWS, REPRESENTATIVL Mayor Peterson asked Bellows to confirm the Planning Commission’s position regarding the sewer plant property. Bel lows notea that the Commission felt it was I nappropriate to selI off 2 lots for residential development, and felt the entire area should be retained as a nature area. PUBLIC COMMENTS Skip Madge. 855 Forest Ar.ns Lane Madge asked the Counci I to compare Orono’s ordinance on loose ooys with Mound’s orainance. r* ‘b 0 k.- i- '•4‘ K-- W ^ fll-V ■'.'■■ - '-'1 -B- i"P^'1%--k « •'% (5^-;ti*'®'-: m:: v4 v;-; m V- Jill i'S"'*>:- P’-V r.* m % 0. rtr-. 1^. m i.9' Sfe IsI ,K ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 PUBLIC COMMENTS - CONT. Madge regarding his concerns Goetten reminded them that Orono is the Council should address Madges c to change the ordinance a rural area 1 ef cont dc Mr . and agreed that not feel a need (#4) #1470 & #1706 WILLIAM & EVELYN KNAPP, 4300 BAYSIDE ROAD - PRELIMINARY SUBDIVISION/PRD - RESOLUTION #3069 William and Evelyn Knapp wore present for this application Moorse explained this Is an appiication for conditional use permi approval for a PRD for a three lot subdivision which has received conceptual approval from the Counci I . He noted the PRD Incorporates the conditions and special setbacks for the property. Mabwsth explained the resolutiort does not yet incorporate the special setbacks for accessory structures. She explained that beca-se of the covenant that would restrict building within areas In excess of 18X slope, two of the lots will be greatly impactea and therefore it is being suggested tnat special consideration be given in placing accessory structures in front of the front line of the principal structure. Knapp stated that the existing residence on the property would need to be expanded .c he In keeping with the surrounding neighborhood properties. Mabusth noted that the current code dees not allow a credit for dry buildable of areas in excess of 18* slopes. The code does not stated that you cannot build in such areas. She explained that this condition was Imposed to minimize the impact on the trees on the property. She felt that a detailed survey would show a-eas where the existing residence could be expanded which would be out of the 18* slope limitation area. Goetten asked why they should grant structures in advance. a variance for accessory Mabusth Indicated that they were setbacks. She noted that with a PPJ Is i setbacks, we had already in approving proposed 2 to 3 acre pads, minimize future variances. It should creating restricted building t common to create special 2 ac»'e standards for the be the goal of a PRD to €. i tev;i •h. .i *■' 5fi;A m It#!' im vt K-ife-' r^'-r- (■ h. kf: > .5* -J- »^"NUTES OF ‘i.-^E REGULAR ORONO COUNCIL M<^ETING HELD FEBRUARY 10. 1 ‘92 ZONING FILE »1t^C & fi^OG - CON.. Mayor Petersen asked :ow issue. «• P *inr. nq CoT.ni(.«ion felt on this Mabusth indicated tnere w?s no discjss.on tn Planning Commission. this issue by the Bellows stated that the Issue wc . not cli ".r to the Commission. She felt that when creating a PRO, parameters for development should be established at the beginning. Mabusth noted that In addition to the 50’ seitnck from the f-ont lot line for an accessory structure, she is '■ecommend i n:; a 50 setback fro.Ti the private drive be estabi ished. It was moved by Mayor Peterson, seconded by Goetten. to adopt Resolution #3069 to be amended to include special setbac s for accessory structures for Application #1470 and #1706 Willi am and Evelyn Knapp, 4300 Bayside Road, granting preliminary approval of a Class III subdivision and conceptually approving a conditional use permit for a RRD 0“ 3 residential units. Ayes 4, nays 0. Knapp thanked staff for all the hard work iney have done with regards to this application. («5) #1661 S. MCCLOUD, RECORD LOTS 16 AND 22, PIG ISLAND - SUBDIVISION OF A LOT LINE REARRANGEMENT - RESOLUTION #3070 Moorse explained that this application is a lot line rearrangement, which provides legal lake access for a parcel. Geffron noted that in 1983 when the City designated record lets on nig Island, Record Lot 22 retained a strip along the lakeshore adjacent to another parcel. That strip will now be combined with tne adjacent parcel. He noted once that has been completed, the City will grant the automatic lot area variance to both paresis. He noted that the applicat on had received preliminary approval from the Planning Commission prior to the adoption of the subdivision moratorium. It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3070 for Application #1561 for S. McCloud, Record Lots 16 anti 22, Big Island. for a subdivision of a lot line rearrangement. Ayes 4, nays 0. :‘xi ■ Sic . - ..V mm S' F??!,t^-. ^fe’. ■f'* ^ ■ -^‘6&-"'W H",- %r^C-- H <:vV '-ti^ if - ;, I - • > ferjj/ S'*-- *... fl-"ft:::’ 1?'^ 1-^ fc'v P ► ... ’.l: fIP S’- |v : .) W0:i'Ptr:;'fe-m[i^'\ t:- i^'-' S'PPP-"Pwmrmr MINUTES OF THE REGULAR ORONO COUNCIL MEETING held FEBRUARY 10. 1992 (#6) #1700 DALE MCCURDY, 4041 NORTH SHORE DRIVE - VARIANCE Moorse explalfied this a,.olication is a request for a variance to allow the construction a second story deck onto ar existing structure. He noted there is a difference of opinion about whether this deck was ever pievlously approved. He noted that with any variance application, an updated survey would be recired, but the applicant has indicated that he does not wish to supply the City with an updated survey because of the cost. Mabusth stated that when McCurdy filed the after-the-fact variance application, he appealed the request for an updated survey. At that time, staff noted d i screpanc i es with the orig '•.al survey, noting excesses of hardcover within the 0-75’ area and changes in the driveway. Mabusth noted that the applicant has indicated he will allow the partially built deck to remain on the property without approval and hold the City I i ao l e for any acciderits the partial deck may cause. It was moved by Mayor Peterson, seconded by Gcetten, to deny Dale McCurdy’s request for special exception to the reqi/i'*ement of an updated survey be provided, and that he has 60 da/> .c suhn t an updated survey, and if that deadline is not met, directs tna City to proceed with whatever penalties are appropriate. Ayes 4, nays 0. Jabbour asked if a survey was required of a! I appiicants regarding issues such as this. Mabusth indicated in the affirmative, and stated acted consistently with this application as with appIications. the staff has o her simi lar (#7) #1704 C. ARNOLD CARLSON/DARLOW MADGE, 855/875 FOREST ARMS LANE - CONDITIONAL USE PERMIT/VARIANCE - RESOLUTION #3071 Mr. & Mrs. Darlow Madge and C. Arnold Carlson were present. Moorse explained that applicants are requesting approval of alterations to a drainage ditch, which have been compieted, and for realignment of a drainage area so it functions better. Goetten stated that these properties handle the drainage for the surrounding area. i ’R.-rV- •f^'-'Ei''‘ . ■ |^%Vmv w% pmWm. ■A ■ • t- ' '^i'- rt ^^ •--■ ^-= >-.^' ‘#%v.- vy*i -■ ■■■*■■ "-I- 'i- ■vk.;hi > %■ fe-. ■"tm. I \"' " J->* ■ §r ''xr .%#-• ii•\ Vi,t--‘^-.':.V.v • .vSV:-. - J^yr ’. - 'te"- ®k- m^ V . -• ' '■■: V '- i< #f»i k f- r V - V .V \ r.'- • v,i . • . tpM eMS *k ';• MINUTES O^ THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 ZONING FILE #1704 - CONT. Mayor Peterson asked If this solution would be in place of a storm sewer system. Cook indicated that if installed and maintained prcoerly, it would replace a storm sewer system. Callahan asked who would bear the cost of installation and maintenance. Gerhardson noted the property owner? would 'nstall the sysiem. and if there was a public easemen: ove the property, it would be the City’s resps.>ns I b I I i ty to maintain the system. Mabusth noted that there is a public easement. Richard Lee, property owners’ designer, indicated he felt there should be very little maintenance. Madge requested that a screen be added to the manhole at the street tc eliminate some of the sediment build up. It was moved by Jabbour, seconded by Goetten, to adopt Resolution 43071 for Application #1704 for C. Arnold Carlson end Darlow Madge of 055 and 875 Forest Arms Lane, approving a conditional use permit and variance to the realignment and installation of a drainage ditch. Ayes 4, nays 0. Carlson asked the Council to consider the waiving of the permit fees In lieu of the fact that the property owners were bearing the cost of installation. Mayor Peterson noted that they would consider the request. (#8) #1708 ft #1709 JUDSON DAYTON, 825 OLD CRYSTAL BAY ROAD SOUTH - VARIANCE/CONDITIONAL USE PERMIT - RESOLUTION #3072 Judson Dayton was present for this application. Moorse explained that this is a variance to allow an addition to an oversized accessory structure and a conditional use permit :o renova a former caretaker apartment. Goetten stated the Planning Commission requested the applicant to apply for a conditional use permit for the existing caretaker’s residence on the property. m pw.IR i|s: ■/>.*^ ■■ ■■• f;*r. »4 Bp i |^ V a:.r*^ r-:- ■ iitV^ ■ ‘4 ■'• -k>v kk'V' •V i-Vv'- ^ v7i . ?& ■ r‘; >:. i:^- :n:; ..;:'f-*» iffr- t-f" ^1.:, MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 ZONING FILE #1708 A #1709 - CONT. Mabusth explained there was no record of conditional use approval for that structure, but noted Improvements for that residence are not currently being proposed. Dayton noted that the existing caretaker structure had been added onto about 5-8 years ago. Mabusth noted she found no record o' a building permit for the addition. Barrett felt that although the structure Is not directly ii»d to these ippI I cat Ions, it would be wise to rejuire conditional use approval at this time. It was moved by Goetten, seconded by Mayor ^^terson, to adopt Resolution #3072 for AppIicat ions #1708 and #1709 for Juasoo Dayton for property at 825 Old Crystal Bay Road south f» r a variance and conditional use ptrm't, and requesting the applicant to &Jply for a conditional jse permit for the existing caretaker’s residence. Ayes 4, nays 0. (e#9) #1710 RICHARD BLOOMQUIST, 3333 SHORELINE DRIVE - VARIANCE - RESOLUTION #3073 it was moved by Cal lahan, sc v-onded by Goetten, to adopt Resolut on #3073 for Application #1710 for Richard Bloomquist of 3333 Shoreline Dr*ve, apprsving a variance for a salt storage shed. Ayes 4, nays 0. (•10) SEPTIC ORDINANCE AMENDMENT - ORDINANCE #100, SECOND SERIES Mayor Peterson asked if the amendment had anything to do with the fact that the State Is currently issuing well permits. Goetten asxed If the City would ever hope to regain the authority to oversee well Installations. Weckman noted ho has monitored the State inspectors to see what they are cpncerned with In the Installation of wells. He noted he is working with the State to receive welI Information on a regular basis. He noted some well drillers still check with the City for well sites. Callahan asked about the licensing provision in the amendment. Weckman explained they would license site evaluators, which would ensure they have passed the MFCA septic course. 8 ji ' tr Bp'»‘- |;nr..vp^.,;o v.,v '.y-i •' ‘ ¥0- 4r:^S ■ Vi^-’.: .. -m- ■‘ iv ■■ ‘11, ^I'i-r i*:". i- ■ 0 ff.I a, •it' ,;m' r ■ ">r:^- -V'.., L^ 1.•;> ■^iv. MINUTES OF THE REGULAR OR'JNO COUNCIL MEETING HELD FEBRUARY .0, 1992 SEPTIC ORDINANCE AMENDMENT - CONT. It was moved by Mayor Peterson, seconded by Goetten, to adopt Ordinance #100, Second Series, septic ordinance amendment as proposed. Ayes 4, nays 0. '♦ID MARINA LICENSE APPLICATION UPDATE Goetten expressed concern that the Lake Use Committee was not schedi'ied to meet for another month, and felt that with spring fast approaching this issue should be addressed immediately. She suggested the Committee also look at the B-2 zoning district. She asked Barrett how far the City could push marina owners to comply with the ordinances. Barrett noted the City has a right to focus licensing authority on issues that relate to the shore-side impacts created by these marinas. He cautioned them that water-side issues are out of the City’s jurisdiction. Moorse reviewed that when the marina ordinances were adopted they were quite restrictive and therefore variances were granted to existing marinas. He suggested they review exactly what has been approved for each marina. Jabbour noted that residents of Orono are concerned new Orono is treating marina owners. He questioned Orono’s IiabiIIty in letting certain marinas to have financial advantage by not making them pay for an annual license. Barrett felt the City would not be liable for such actions, but felt the City would bo best served by consistent enforcement of the ordinances. JoEllen Hurr felt It was advantageous for the City and the LMCD to Jointly look at these issues and she encouraged the City to issue licenses to marinas. Callahan reviewed that it has become very expensive for the City to enforce its marina ordinance In relation to the benefit and noted In the past the LMCD has been considered by the City to bo regulator of the marinas. He pointed out the event at a marina on Brown’s Pay when the LMCD Just wont ahead and reacted to the problem. He stated that the marinas are having some fl".anclai difficulty, and noted that they do perform a service to the public and the removal of the marinas to be replaced by fishing boats Is not a desireabte move. He pointed out that many residential lots In Orono are guilty of storing Junk, just as the marinas are guilty of such storage. % T i;;'. itk^'i:; -'..'■I *^; - ■.• ,U;. *'! ■r' ■ Vi-' m p.‘:i j,.'V'i i • 4:,':r ^ . v‘ -fL'', ■ ■:• <.j^' •C'-' \^ \ V;i^ip WM" ■ M ;.V -^/. . ■ : ^i" ’ v^-.>-., • ■ ' -*^.i ■-'-r;i ■.-’. »’ ' i'-^.‘ mu .mi. '?J{ ^1- ■Mri:m w- i' -3^ .>■- •v"' 'Wm MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 MARINA LICENSE APPLICATION UPDATE - CONT. Jabbour noted that no one on the Council is advocating that the marinas be replaced with boat launches. He stated that the Council requI res residents to uphold the ordinances and felt they should do the same with marina owners. He noted that if the Council is going to allow marinas to have excessive density on their property, It should be acknowledged and monitored, and conditions of such should be Incorporated within the license. Callahan noted that the Lake Use Committee was established to review this situation and decide whether to make changes or enforce the current code. Hurr stated that Gayle’s Marina was required to replace trees many years ago, and they have never completed with such requirement. She felt the City should force the marinas to follow the ordinances the same as they do the rei.idents. Jabbour suggested that Iicenses approved in the past should be reviewed by staff for conditions set for each marina, and, the Committee should establish whether those conditions are reasonable. Mayor Peterson established the next Lake Use Committee meeting for Thursday, February ?7, 1992 at 7:45 a.m. in the Council Chambers. (*#12) JOINT USE DOCK LICENSES - RESOLUTIONS #3074, 3075, 3076, 3077, 3-.0, 3079, 3080 & 3081 It was moved by Callahan, seconded by Goetten, to adopt the following resolution approving a 1992 Joint Use Dock License: Resolution # FoxhIII Homeowners’ Association 3074 Minnetonka Power Squadron 3075 Walter’s Port Sandy Beach Victoria Estates Rhode/Eniow/LIndahI Forest Arms Navarre Cove Ayes 4, nays 0. 3076 3077 3078 3079 3080 3081 MAYOR/COUNCIL REPORT A. Mayor Peterson noted that Sara Moos has indicated she no longer wishes to serve on the Planning Commission or the Facility Design Committee. i 1'"-I ■1 -r f ■’ V;*'V*» **^ ■ A ■ V H t fey,- . '^y ft j &-■>*■■ * Mwir i^r r1“ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1932 MAYOR/COUNCIL REPORT - CONT. B. Mayor Peterson reminded the Council of the AMM reception, which is to be held the same evening as the LMCD’s 25th aniversary dinner. C. Mayor Peterson reminded the Council to return their draft seeping document comments by February 11, 1992. 0. Mayor Peterson reviewed Long Lake’s desire to ban personal waterc. 4ft from the east end of the lake. GerhardS' ? stated that the DNR passed legislation regarding this type of watercraft, and there was an understanding between Long Lake and Orono that they would wait and see what effect that legislation would have, and If needed, an addition to that ordinance would be added. E. Mayor Peterson requested the Council be sent the Park Commission agendas. F. Goetten advised the Council that L j Kelley had served on the Park Comm I ss i on for approximately 20 years. She suggested the City dedicate a memorial site or garden at the new City facility site. Callahan suggested that they name a new park after Kelley. 6. Jabbour added that he had received many calls requesting the City to reconsider their position on Highway 12, and change that position to a "no-bulld" option. H. Jabbour noted that residents have cal lei him regarding the fire truck which was out of service. Moorse noted that the one tanker with a problem, Is operational In t^e event of a fire, but a small pump used for miscellaneous services is in need of repair. (#13) FEASIBILITY STUDY - WILLOW DRIVE - RESOLUTION #3082 Callahan reviewed that this is a proposed Improvement to Willow Drive between Highway 12 and County Road 6, and asked If that was the area that the County was willing to help Improve. Qerhardson noted that the County has removed that project from its capital Improvement plan. 11 iiiriii. jri'-airf A - - >f^Vu '•s; MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 FEASIBILITY STUDY WILLOW DRIVE - CONT. Goetten stated she hought that was a part of the improvement scheduled for 1993. Gerhardson noted that is only for tha signal light at Willow Drive. He noted they are working witr .MnDct to coordinate both the upgrade to Willow Drive and the installation of the signal light. It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3082 directing the City Engineer to prepare a feasibility study for the upgrade of Willow Drive from Highway 12 to County Road 6. Ayes 4, nays 0. (#14) BID AWARD - WATER TOWER Moorse explained this is a tabulation of bids received for the Installation of a hydropillar designed water tower. Jabbour asked how the bid could be approx'mate Iy one-quarter of a million over estimate. Cook explained that the price depends on how busy they are. He stated that they have worked with this company before and did not have any problems with them It was moved by Mayor Peterson, seconded by Goetten, t award the elevated water storage tank project to Pittsburgh-Des Moines, Inc. for an amount not to exceed 0595,150.00. Ayes 4, nays 0. (#15) STREET LIGHTING - FRONTAGE ROAD - NEW CITY FACILITY Moorse asked if the Counci I would like to install ornamental street lights along the frontage road for the new City facilities. It was moved by Mayor Pet on, seconded by Goetten, to direct staff to accept bids on st x lighting for the frontage road to the new City facilities. Ayes 4, nays 0. (*♦16) POLICE CHIEF PAY ADJUSTMENT It was moved by Callahan, seconded by Goetten, to adjust the Pol Ice Chief Sullivan’s salary by 3% effective or» his sixth month anniversary date. Ayes 4, nays 0. 1 2 i; ' ' •I’V ■ .-A. ' ■ - '{v •" ■ •a*-.v< .)■■ lit!'" JiS‘-‘ ■ - W0>: pfc: b='*‘‘^'-' ■' ite;:; fil? -Xh:'-’' p3:|. SmM:>"" ^yr ri -.fc yr:?5;;t:?'--.' Rfi.' fe'r “ ^ iv -i|. i&‘... • > MINUTES OF THE REGULAR ORONO COUNCIL MEETIN'G HELD FEBRUARY 10, 1992 (Ml7) SALARY ADJUSTMENT PATROL OFFICER KURT ERICKSON It was fnoved by Callahan, ssconded by Goatten, to incraase Officer Kurt Erickson’s salary from $18,170 per hour to $18,524 per hour as of January 15, 1992, as per the 1991 LELS contract currently In effect. Ayes 4, nays 0. (M18) HIRING OF PART TIME POLICE OFFICfcRS It was moved by Ca’. lahan, seconded by Goetten, to authorize the hiring of John Schoenhoff and Scott Boris as part-time officers for Orono to begin on Tuesday, February li, 1992, at a pay rate of $10.30 per hour. Ayes 4, nays 0. (*•19) 1991 WAY'iATA FIRE CONTRACT It was moved by Callahan, seconded by Goetten, to approve the 1992 fire service contract with the Wayzata Fire Department. Ayes 4, nays 0. (M20) ESTABLISH PUBLIC HEARING DATE YEAR XVIII CDBG PROGRAM It was *■ ved by Callahan, seconded by Goetten, to conduct a public hearing at 7:00 p.m. on March 9, 1992 to receive citizen input for the Community Development Block Grant Program for year XVIII. Ayes 4, nays 0. (*#21) WEST HENNEPIN RECYCLING COMMISSION JOINT POWERS AGREEMENT - RESOLUTION #3084 It was moved by Callahan, seconded by Goetten, to adopt Resolution #3084 approving the extension of the current West Hennepin Recycling Commission Agreement until Decembe»* -1 , 1992. Ayes 4, nays 0. (#21A) BID AWARD - DUMP TRUCK Moorse explained thiu Is a bid for a replacement of a 1980 truck. He noted the cost Is $45,400 and has been budgeted for. It was moved by Mayor Peterson, seconded by Jabbour, to purchase a new dump truck from Lakeland Ford Truck Sales at a cost of $38,340.37 and the hyrdraulic system and dump oox from McQueen Equipment at a cost of $7,062.00 for a total ccst of $45,402.37. Ayes 4, nays 0. 1 J •V-; iV- %. . 't **' ■■ Ui: y. ‘ ':: f.'C.• . !' r • W ■ •,T •-■ > w’ ly /'■> ■ ■ ■# MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 («21B) SCHEDULING A COUNCIL WORK SESSION & ASSESSMENT Hl.^RING CONCERNING THE STUBBS BAY SEWER PROJECT Moorse noted that this is a request to schedule a work session with the Council prior to the assessment hearing. Dennis Shaw, 405 Oxford Road, requested that prior to the work session, a date be set to review the alternatives for the Oxford Road area with the residents of that street, as suggested by Cook In his letter to the Council dated December 1991. Cook stated they still plan to meet with the homeowners, but are currently taking bids and want to wait until those bids have been rev Iewed. Mayor Peterson reiterated that a defined area for the sewer project has not yet been approved. Cook requested an extension of the date to accept bids for the project to February 28th. He noted the project has been bid in sections, so the City will have the right to accept or reject any portion of the bid. Jabbour requested that costs be sent to homeowners prior to the assessment hearing. Cook noted they will be sent out In accordance with State Statute. Jabbour suggested the letter state, "if and when the project is realized, here Is the cost_ _“. Shaw asked how the potential shortfall resulting from appeals is to be funded. Jabbour noted It would be funded by the entire City, not by raising the assessment of the non-ape I I ants. Moorse noted the hearing has been scheduled for March 25, 1992 at 7:00 p.m. at the Orono Education Link. Mayor Peterson directed Members to contact Moorse to establish a work session date. (#210 COUNCIL CHAMBERS AUDIO/VISUAL S/STEM Moorse explained his memo outlines various alternatives to the audio/vlsual system for the new Council Chambers. Goetten pointed out that Tim Pattrin is very knowledgeable in this area and suggested Moorse contact him f^r his input. 4 'y 1 I • .^1. --ki-i-mK»i^’‘ * ■ * ' X '■• *'V^' I^P'r^-r ll,"" ifei ’’' ’^t^. y ■*"i ilyil' mV'-' m-'m 'v V .• •J.. ■ iftp ®i; %-r‘;5v^;' t'ul ■■ r-.% *> ‘ ‘i- 'i! fe'v i.ii; is0MK'' e-,. r -i .'•, pi if y^&S«-v ■ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 COUNCIL CHAMBERS AUDIO//ISUAL SYSTEM - CONT. Jabbour stated that the job could be spec’d out and ask the vendors to design the system. He noted that each vendor would submit a proposal of how the job could be done and would have to guarantee the project. Callahan felt there was no reason to spend excessive amounts on the audio/visual system. Moorse explained that Jack Boarman has been asked to have his construction documents ready to go out by the end of the month, and the electrical and the audio/visual system needs to be Incorporated within those documents. Jabbour felt that it is more important to spend some money up front by hiring a consult than to Just give it to a vendor to decide what to purchase. It was moved by Mayor Peterson, seconded by Goetten, to authorize $_ _ for the audio/visual system, to retain a consultant to design a system for the City facilities. Ayes 3, nays l. Callahan voted nay. * Moorse handed out an evaluation form sent from Biermeyer to be completed for his 6 month performance review. He stated Biermeyer has offered to faciIitate the review at no cost. Moorse asked that the form be completed and returned to Biermeyer by next week. » Moorse asked the Council If they had a preference where the podium for the public to use should be placed in the new Council Chambers. The Council members noted they did not care. Moorse asked how the Council felt about monitors mounted flush In the Council dias to allow viewing of the visual aides. Jabbour suggested a large screen be placed behind the podium off to tne side of the room. Goetten suggested he contact the City of Minnetrista as they are not happy with the way they Installed their system. (*«22) LICENSES It was moved by Callahan, seconded following I I cense: On-Sale Non-Intoxicating Malt Liquor Ayes 4, nays 0. by Goetten, to approve the - Orono Golf Course ...... 4 Mi.Mm.■ !W' ‘M\. cll.te.. si^.. i^--'v'f%i; -■vlW^^ If 0. ■ C: ...f ■ ■ •■'.Si'.is1^’ :.# ■ ^ ¥0 pr f' if'-’K. ftf"S"-rH I s^:Vi^L‘^0 PS'v,^pf- b ^;,";^s. pi ■•; ■ |i:' I'rtefc, n0‘.. Iv vv.-'. ’'■'.-V& - t0j:'--J>i & fr.*^ ■ ■ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD FEBRUARY 10, 1992 (»#23) BILLS It was moved by Callahan, of the All Funds Account. seconded by Goetten, to approve payment Ayes 4, nays 0. CITY ATTORNEY’S REPORT Barratt explained he has regarding the sewer plant property, requested 2 changes, as follows: reviewed the covenants with Long Lake He noted that Dietson has 1. Current covenants require that all land owners agree to changes prior to bein-:^ reviewed by either City Council. They have requested the language be changed to the majority of the land owners. Barrett recommended to change the covenant to reflect this request. 2. The procedure for change is currently established through a letter, and they are suggesting this procedure be Incorporated within tne covenants. All Council members agreed. Callahan felt that a majority of 13 lots was too few and suggested a two-thirds consensus or 9 lots. Ail agreed. ADJOURNMENT It was moved by Goetten, seconded by Mayor Peterson, to adjourn the regular Council meeting at 9:50 p.m. Ayes 4, nays 0. ■/] KJdAA-it< A. (_J'‘.. ) Barbara A. Peterson, Mayor Ti \ k ■1 •i•I •I • A . ■ \ g-.W»9-.."fe-- W^‘ ' ■ , f. K-EV \ S t.'r\ AGENDA FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 10, 1992, 7:00 P.M. (*)Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council .udet the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may ^ obtained upon request from the Recorder.L . ' C ROLL CALL 1. CONSENT AGENDA* APPROVAL OF MINOTES * 2. Regular Meeting of January 27, 1992 3. Park Commission Applicant Interviews f ‘'VCOfOoo. PLANNING COMMISSION COMMENTS - Maureen Bellows Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ... W 4. f7:* v; 5. ZONING A.DHINISTRATOR*S REPORT •♦APPLICANTS** iMediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. #i470 & #1706 William & Evelyn Knapp, 4300 Bayside Road - Preliminary Subdivision/PRD - Resolution #1661 S. McCloud, Record Lot 16 s 22, Big Island - Subdivision of a Lot Line Re-Arrangement - Resolution #1700 Dale McCurdy, 4041 North Shore Drive - Variance # 1704 C. Arnold Car 1son/Dar1ow Madge, 855/875 Forest Arms Lane - Conditional Use Permit/Variance - Resolution #1708/11709 Judson Dayton, 825 Old Crystal Bay Road South - Variance and Conditional Use Permit - Resolution #1710 Richard Bloomquist, 3333 Shoreline Drive - Variance - Resolution Septic Ordinance Amendment - Stephen Weckman Marina License Application Update Joint Use Dock Licenses - Resolution 6. 7. 8. 9. 10. 11. 12. MAYOR/COONCIL REPORT ENGINEER REPORT * 13. Feasibility Study - Willow Drive 14. Bid Award - Water Tower 16. 17. 18. 19. 20. I- CITY ADMINISTRATOR'S REPORT 15. Street Lighting - Frontage Road - New City Facility Police Chief Pay Adjustment Salary Adjustment Patrol Officer Kurt Erickson Hiring of Part rime Police Officers 1992 Wayzata Fire Contract Establish Public Hearing Date Year XVIII CDBG Program - Resolution West Hennepin Recycxing Commission Joint Resolution Bid Award - Dump Truck Scheduling A Council Work Session & the Concerning the Stubbs Bay Sewer Project Council Chambers Audio/Visual System 21.Powers Ageeement - 21A. 21B.Assessment Hearing 21 C. "4;''''4-;K-AGBIIDJk FOR COUNCIL MEETING SET FOR MONDAY, FEBRUARY 10, 1992, 7:00 P,M CITY ATTORNEY’S REPORT LICBHSES (22*) BILLS (23*) ADJOURNMENT f ORCOHIHG ISSUES AND EVENTS 02/0^ - Lake Use Committee 7:45 a.m. Council Chamcers f' 02/10 - Council Meeting 7 p.tn. Council Chambers 02/13 - Park Commission 7 p.m. Council Chambers Planning CcnOTissic-1 ^ •• W ^ P'JBLIC ATTENDANCE CITY OF ORONO M IT T7 ^n •-E . aWt'-’ ■..• r; PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CIT\ RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) 1. 'Po L r’ P t /^l T: ^ ^ ^ 2. /yp c /k/'^pA Aj 4J^ \___ Htcv^g ia4- f j_o * lidc .. ' t i(r, A\ . /y^>-jc^L±g / '' >^u - c '^< I / f /J / ^ c s / L < i‘' ^ MI llA,<//D Si *- Aui> <A4^ 7r ^ 7 h -y,^/ ( ^ oyR) ^ ^ 1 2. L/jiiik)! jv■ Ajx,Ji 13. 14. •^ .* < C ___________\ ' 4 ytott^ r-m,~i4— >1.^ ilewMs V r^f" • • li-’ MINUTES OF THE REG JLAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 ROLL The Council met on the above date with the following present: Mayor Barbara Peterson, CounciImembers Gabriel Jab Edward Callahan, and J. DIann Goetten. Mary Butler was ab The following represented the City staff; City Administrator Ron Moorse, Building & Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Septic Manager Stephen Weckman, City Attorney Tom Barrett, and City Recorder Terl Naab. Mayor Peterson called the meeting to order at 7:00 P.M. (•1) CONSENT AGENDA Jabbour removed Item #6. Callahan added Items #3 and 4, and removed Item 412. Gaffron requested that Item 43 be left off the consent agenda. Mayor Peterson removed Item 42 and the home occupation license request of William Dickey from the license approvals. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda, with the exception of Items 46 and 12, and with the addition of Item 44. Ayes 4, nays 0. Motions for all Items adopted by consent agenda will be included In the minutes In their respective numerical order. (#2) APPROVE. OF MINUTES ^ u *Mayor Peterson noted on Page 13, second paragraph from the bottom. It should read "Mayor Peterson noted an arti'^le was in the Sun newspaper • • • It was moved by Mayor Peterson, seconded by Callahan, to approve the minutes of the regular meeting of the Orono Council held on January 13, 1992. Ayes 4, nays 0. (43) 41682 CHRISTINE BRICKLEY, 3262 NORTH SHORE DRIVE - VARIANCE - RESOLUTION 43064 Christine Brickley was present for this application. Moorse explained the Council conceptually approved a hardcover variance, but voted to deny a setback variance for the garage which was built prior to approval. ili’’ ili MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 ZONING FILE #1682 - CONT. Qaffron noted the applicant requested to speak to Counc this issue. regarding Brickiey noted she had contacted the truss company and they did not recommend altering the trusses used in the garage. She stated she had a bid to complete the changes to comply with Council’s request, which Indicated the cost would be more than the original garage cost. She stated that she Is seeking legal counsel. Brickiey suggested the Councii has treated her unfairly and she did not appreciate comments made in the past regarding her situation, and the fact that her property is next to the proposed boat launch and that maybe the DNR would be interested in purchasing her property. Jabbour apologized and stated no one on the Counci I meant to be rude. CaI Iahan felt the comments about the boat launch were made pointing out that If her property were to be next to a boat launch, perhaps thov would not need to be as strict about enforcing the ordinances. He noted no one meant to be disrespectful and apologized if she felt that comments were intended that way. Brickiey reiterated that she understocJ the Planning Commission to have given her authority to construct the garage, and thought the only reason to appear before the CouncI I was to fight for the overage In hardcover from the excess slab. Mayor Peterson pointed out that City staff, on two times, placed Stop Work Orders on the project. She suggested that after the first time Brickiey should have made certain she was foMowing the proper channels. Jabbour explained he had attended ail the meetings of the Planning Commission and CouncII at which this issue was discussed. He noted the setback ordinance was established to ensure access by emergency vehicles and to protect neighboring properties from encroac.hment. He noted that every smalt property in Orono is just as important as the larger properties. Mayor Peterson reviewed that the notice sent to Brickiey after the Planning Commission meeting states that the next meeting at which the application would be reviewed would be the next Council meeting. She pointed out that the Planning Commission is only an advisory board. She commented that there still has not been a building permit issued for this garage. 4 1 V '!* !k:r /* M' t- 'P I:I • *v t®-. r V ,i.“- '-^ #: ?r..- h- Ov It.-'. Ips Tl i"= -fe«. Vjr ,r'-' ;'fvv; *r‘v . ^.v'' ■ ■■■;-i- ■?'r '".iu 'va'jiiv. r-v.''-.vv'\ tr Ip®?' ‘\5rS',,s., -&■ ml#F, p; r. .r^ ' MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 ZONING FILE #1682 - CONT. Jabbour reltarated that the garage has not been approved by the Building Department yet. It was moved by Callahan, seconded by Goetten, to adopt Resolutlo.. #3064 for Application #1682, Christine Brickley, 3262 North Shore Drive, approving a hardcover variance for the construction of a garage. Ayes 4, nays 0. (»#4) #1705 CHRISTOPHER SMITH, 3650 CASCO AVENUE VARIANCE ~ RESOLUTIfM #3065 It was moved by Jabbc-., seconded by Goetten, to adopt Resolution #3065 for Application #1705, Christopher Smith, 3650 Casco Avenue, for an average lakeshore setback variance to construct a now residence. Ayes 4, nays 0. («»S) #1707 JACK RHODE. 1690 SHAOYWOOD ROAD, RENEWAL VARIANCE * RESOLUTION #3066 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3066, Application #1707 for Jack Rhode of 1690 Shadywood Road, approving a renewal variance for the reconstruction of the existing residence. Ayes 4, nays 0. (#6) COMPREHENSIVE PLAN AMENDMENT #3 Jabbour suggested adding to the amendment the City’s overall for Big Island. p I an Callahan felt that If Big Island were added to this amendment. It r.ay delay the approval by the Metropolitan Council of this amendment. Gaffron noted it would be inappropriate to Include planning for Big Island within this amendment as this amendment strictly deals with the City’s sewer policy plan. Moorse noted the Park Commission is requesting an update to the comprehensive park plan for the City. He suggested that Big Island be incorporated within that amendment. It was moved by Jabbour, seconded by Mayor Peterson, to grant prelImlnary approval for Comprehensive Plan Amendment #3 and direct staff to submit the plan to adjacent cities for review and to the Metropolitan Council for approval. Ayes 4, nays 0. m-:y ,.i:. tei ' i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 (#7) SEPTIC ORDINANCE AMENDMENT Moorse explained this amendment Is an update and simplification of the septic ordinance. He explained the State has revised Its septic code and is now more compatible with Orono’s ordinance, therefore Orono was able to drop some language from Its code and reference State code. Several of the CounciImembers noted they did not receive the memo regarding this issue. It was moved by Cai !ahan, secondei.' by Jabbour, to table the issue until the next meeting. Ayes 4, nays 0. (#8) PARK AND PLANNING COMMISSION APPLICANTS Jabbour suggested that the Counci I acknowledge the years of service by Les Kelly on the Park Commission. Mayor Peterson suggested the CounciI interview Park Commission applicants at the Council’s February 10th meeting. She directed g^nff to check with the Planning Commission members to see if there is a vacancy. Callahan suggested that since one member of the Planning Commission has already expressed an interest not to serve again, they should go ahead and interview candidates. Jabbour suggested they contact that person and let her know If she wishes to extend her term, the Council does not need to interview her again. Mayor Peterson scheduled Planning Commission interviews tv«r February 24th. MAYOR/COUNCIL REPORT A. Mayor Peterson noted the Mayor of Long Lake has agreed to a Joint meeting of the Councils of Long Lake and Orono regarding Highway 12. She asked members to check their calendars for possible meeting dates. B. Jabbour asked how the meeting went at the church. Mayor Peterson responded that It was a vi ^*y Informative meeting, well attended, and she urged all to attena the next upcoming meeting. C. Jabbour noted that only l of the 7 members showed up f jr the last Lake Use Committee meeting. 1^: K' hi' m- IT’- -K-/' 'i:: ":.* , . :-r .,^' /•V# T' mT' T'x f'i*; ■feS- )‘5-^ r- ■* ■^i:' ’ 'i rlH T !'■T: ^■4': ■r- 1^'r>:?- V ' r.m I'. fe.:Z:T.cVt \ P-- F' MINUTES OF THE REGULAR ORONO COUNCIL ME^zTINGHELD JANUARY 27, 1932 MAYOR/COUNCIL REPORT D. Callahan mentioned a questionnaire from the Council which was included in the Council meeting directed Moorse to draft a response to the form. Met rope I Itan packet. He E. CalUnan noted the meetings held by the Minnesota Association of Soil and Water District and suggested a staff person attend those meet Ings. F. Callahan noted that the Metropolitan Council wH I be sending a request for input concerning regional parks. Q. Goetten explained at the last policy meeting regarding Highway 12 the Draft Scoping Document was not submitted as planned. e ‘s^%T.;,a1nr r^^mfy ! Goetten noted that the Draft Scoping Document requests o»iI comments to be submitted In written form, rather than verbalized. Jabbour felt that it may be closer to 5 years before a ^»nal decision ;s made. He also called attention to the absence of the DNR’s comments regarding Highway 12 in the Draft Scoping Document. (*9) PAY REQUEST 1st & FINAL 1991 SEAL COATING It was moved by Jabbour, seconded by Goetten, to approve Pay Request #lst and Final to Bituminous Roadways, Inc., m the amoun? of S232.30 foe the 1991 Seal Coat Project. Ayes 4, nays 0. (#10) ONR PROPOSED LAKE ACCESS Moorse explained the ONR has su^i tted * da'i op tor the fol lowing: 1 ) the estabi the p-^fchase o?a comprehensive plan 'of. Lake Minnetonka 2) t Gayle’s Marina and properti^es eas w^r the LMCO has submitted 3) the purchase of the following: 1) theya written response to the ONR that states tne support a support the study Maxwell Bay; 3)cooperative effort for the feasibility stud^ jrposar°a''nd *4) The* Vr.T opposition to the purchase of the Straley property. Gordon Xlmbali. ONR, was present at the ”***?!“^rope^^did get an extension on the option to purchase the Straley proper y of 45 days. Jabbour asked that the ^'I' '/J XTeTond’Tonc^ the first concerned with during discussions concerned with those marinas but would like to take part during the discussions on the philosophy. r-.*lr.-'. fc^V> S;-'- im # wm>- r>^' • .- • i.>; ' ■ ■•:te; ';".‘T!5;:i •fe ■r- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 199k: ONR PROPOSED LAKE ACCESS Callahan noted he does appIication. - CONT. not support the request for a grant Jabbour noted that in the past the City has been delinquent in their Involvement with lake issues. It has become clear that the City must be Involved with these issues. The City has Indicated to the DNR that they need a comprehensive plan for the Lake, and he felt that the City should be involved with this process. He felt the cities should be Involved with the land use issues, the LMCD with the lake use, and the lakeshore owners with the aesthetics of the lake. He pointed out the LMLOA had signed a petition eliminating the City from this planning process. Jabbour explained the DNR’s goal of 700 car/trai t ing parking spaces around the lake, and asked Kimball if he believed there would be a landing established on Maxwell Bay, to which he agreed. He suggested they need to find creative ways to qualify existing parking spaces. Kimball explained that funding mechanisms a.e long-term and is why they are requesting the grant application support at time. that th i s Jabbour noted that whatever happens in Orono will set a precedent for surround Ing cities. He noted that Oi'ono has ve^y limited areas for boat launches. He also suggested that Orono should lead the pack with regards to this issue. Mayor Peterson asked if the DNR is assured they would be granted the funding, and asked If denied would the DNR still carry out the comprehensive study. Kimball noted they are not assured of this. He explained the portion of the study relating to Orono will probably be completed prior to the funding made available. Qoetten felt the main concern is a comprehensive plan for Lake Minnetonka. She pointed out the DNR did not inform the City of their Intentions with regards to this landing until It was almost too late for City input. She felt she would like to support the ONR, but wanted to be assured that this Issue would be studied proper Iy. Neil Castagna, 1890 Shadywood Road, noted they have come a long way. He suggested that If the LMCD and ONR will be picking sites for launches, the City and the LMLOA should be involved with those decisIons. P" ■■fe#,te':Is,. ■r*r.fu .. fc-' i«: fet.- ^ ■ p- I Eif. I- pi,'ft"fe:;#' ■ ...E? ■■fe\fe' j'"= -. .. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 DNR PROPOSED LAKE ACCESS - CONT Don Germanson, 245 West Point Road, Tonka Bay, pointed out that if the grant is not obtained for the upcoming year, they can always try the for next year. KImbal ! pointed out that the LCMR’s funds may no longer be available In the future. He noted there are other sources of funding available and these sources look favorably upon joint efforts to meet natural resource programs. Norm Paurus, 2500 Casco Point Road, explained that site specific areas need to be considered last in this process. He felt that the first part needs to be the comprehensive planning for the Lake, which has not even started. He stated there is no way this planning process can be completed within 45 days. Jabbour explained that the DNR does intent to purchase the Straley property. Callahan agreed with Paurus and Jabbour. He pointed out that the LMCD's shoreland regulations call for the LMCD to develop a comprehensive plan regarding lake access for Lake Minnetonka. He pointed out that the DNR agreed to conditions of that plan. Callahan felt the DNR should not purchase property unt I the comprehens I ve plan Is avaiIabie . He felt that the City shouId op ^ support the concept of the DNR ana the LMCD and a I I other Interested parties and entities to develop a comprehensive p an for Lake Minnetonka. He pointed out that he does not agree with any other parts of the proposal. Gene Stromen, LMCD, noted the need for a feesibllity study for the Maxwell Bay area. He also felt they should proceed with the establishment of the Task Force for the development of the comprehensive plan. He explained the request tor funding mt. encompass more than just property within Orono and may be used over an extended period of time. Callahan understood that this was a request for funding, and he explained Mr. Kimball noted the studies would be comp eted Pr o'* to funding. He felt there was no point in dealing with funding now, as the studies will be completed. Mayor Peterson asked If the DNR would supply the City with a letter guaranteeing after the feasibility study, if determined that the Maxwell Bay site is inappropriate, that the Straley property will no longer be considered for such a proposal. rff .-' . mi- A l' ■ T* ‘ V* * h j- 'iff ?!#"':i p,fe...v »S' Ir" W-- l y, •■■-. ■•> ' t ;U,/- 'y fn- ■ ^;-v^;''' '^ ■’'^ V V,. ii-r ■mr-- »i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 ONR PROPOSED LAKE ACCESS Kimball explained that if it is determined that the property is not needed for a launch, the property would be sold. However, the has determined this property meets the criteria for a publicONR access site, writing. He noted they would be wi I 1 ing to put that I n Jabbour asked If the feasibility study for the Maxwell Bay could be completed within the 45 day extension period. area Kimball explained he would have tc confer with other parties Involved on that matter. Jack Rhode, 3165 North Shore Drive, agreed with Paurus. He felt that the City should look to the DNR’s lack of cooperation in the past regarding this issue, to see how they would proceed in the future. He felt the Straley site is totally inappropr1 ate for a boat launch. Castagna noted there are other avenues to pursue to stop the boat launch. He felt a letter from the DNR would show a spirit of cooperation on their part. Jabbour explained he is aware of persons actively seeking other property for the DNR to purchase. He noted that the DNR is getting pressure from the Legislature to get something done or. the lake. Kimball point out he is not aware of any additional sites the DNR is actively seeking for purchase. Callahan stated that by accepting this proposal, the Council Is suggesting that the DNR not only purchase the Straley property, but continue purchasing property to the corner of the County Road 61 and Tonkawa Road. He noted a system has teen set up requiring the Input of 14 lakeshore cities and the LMCD to establish access 81tes on the Lake. Jabbour stated he just does not want the DNR to take resident I a property for lake access. Callahan stated they already have done Just that. He felt they need to get other lakeshore cities to participate in this process. Kimball asked to clarify what the letter from the DNR should IncIude. a K'- p p. ■:• >■ • ^v:::.V'-.r:< -;• -.. ., ".‘ -^. • ,, ^ p' ■" .'P ■■'. ,t'i? ■ ■:W;P, •hm r ■_ ■■; E| i'-'-' > '••, >v ■*V. ■xY' p'ISe: ■'-■Y-yvm- W- ■■r?. P'*.:J' #»■ -V/ Y &s:: I: Y - -- 'Y in: it: *■>■: ■ • P'u k V . p ■p‘i; ,.\A, ■.•••-“ ’ P-P::’ '■ MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 DNR PROPOSED LAKE ACCESS - CONT. Mayor Peterson noted the letter should state that if the Straiey Is found to be extraneous to the overall proposal for the Lake, the property will be sold. Jabbour asked who would decide if the property Is needed. Stromen explained the Task Force would decide on also noted that the management plan cites the agDncy in this matter. this matter. He DNR as the lead It was moved by Callahan, that the Council support the estabi Ishment of the Task Force by the LMCD, which wl I I include the other 14 member cities, the LMLOA and any other interested parties, to study the lake access ‘ssue, and that the CouncI I exclude support for the grant application to fund the purchase of property for access and not support the purchase of the Straiey property for a boat launch. There was not a second to this motion. Moorse asked the Council if the resolution were changed to not be site specific, would they support it. Callahan noted that if in the future it was determined that funding was needed, they wo< d then deal with that issue. He felt the DNR was established for such purpose and should not need additional funding to do their job. He noted this study was the reason for the estab I i sht.ient of the DNR. Mayo Peterson asked what the grant money would be used for. Kimball noted the money would be used for the purchase of property for public access. He asked if the resolution allows the City to parTicipate in the feasibility study for the Maxwell Bay area. Callahan stated it allows for the City to participate In process for any public access within Orono. the It was moved by Mayor Peterson, seconded by .^abbour, to support the establishment of a Task Force to be made up of LMCD, DNR and any other cities and ent ties with an interest in this issue, to develop a comprehensive oian for Lake Minnetonka; to support the grant application which Is written non-site specific; subject to the DNR ’ s submittal to :he City of Orono of a written guarantee that the Straiey property will not be used as a boat launch if determined by the Task Force to be extraneous to the overall comprehensive plan for Lake Minnetonka. Ayes 3, nays 1. Callahan voted nay. wm: W?; mh- BW;, ■1" .S- .m^' «- 6; ;w' f^^-' wa ir ]cr »«nmfr “ ■., - ;.^-K’ ■ .A” " -1 ''■ ^ i\ V > ■7'«% tip a" it •»- MINUTES OF THE REGULAR ORONO COUNCIL ME'^TING HELD JANUARY 27, 1992 DNR PROPOSED LAKE ACCESS - CONT. Kimball requested a copy of everything the Council receiv<3a regarding this Issue for th.s meeting. He also requested any.h.ng in the future with regards to this issue. Cal Iahan noted the Council is supporting the grant apoiication even I f no one has the si ightest idea what oroperty w . I be boi.g it wi 11 the funds. Kimball stated this money may he used to purcha?e property determined necessary from the feasibility study. Moorse explained the feasibiiity study would be different than the comprehensive plan developed by the Task Force. Jabbour noted that the funding may be within some other c.ty around the lake. Callahan asked what chance the Council thought the funding would be used anywhere other than for the Straley property. (*11) WORK SESSION 1/20/92 It was moved by Jabbour, seconded by Goet:en, co accept the memo regarding the Work Session 1/30'92. Ayes 4, ■■lays 0. (#12) SEASONAL WEIGHT RESTRICTIONS - RESOLUTION #3067 Callahan asked if the weight restr ct ons would construction of the new City facil'tif^s. a e I a V t h u Moorse indicated It would not. It was moved by Callahan, seconded oy Mayor Peterson, to adopt Resolution #3067 establishing the 1992 Weight Limits for City streets from March 15, 1992 throug’' May 15, 1992. Ayes 4, nays 0. (#13) GOLF COURSE EQUIPMENT PURCHASE It was moved by Jabbour, seconded by Goetten, to award the bid tor one (1) 1/2-ton four wheel d» ive pickup for the golf course to Superior Ford for an amount c •' $13,453.00. Ayes 4, nays 0. (#14) 1992 INSURANCE RENEWALS AND AGENT OF RECORD It was moved by Jabbou.*, seconJec by Goetten, to award the Insurances effective January 1, 1992 to tho League of Cities Insurance Trust for multi-peril and excess liability $98,122; to United Flra and casualty for surety bonds $1,171; to Western National f ' boilers $314; to St. Paul Companies J®*' computers $520; and to appoint Mr. Ouweyn Carson, Apple Valley Agency, as Insurance Agent of Record for 1992 at a fee not to exceed $7,000, Including commissions earned through policy premiums paid by the City. Ayes 4, nays 0. 10 i3kiuk4rt, f 'Iilfe<■ , pi:-^ r^’ It.fr ir - tii-ifetr;vt -J.i t;- - MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27. 1992 (#15) LICENSES Moorse explained WiI Iiam Dickey is operating a consulting business out of his home at 2645 Watertown Road. He asked the Council to clarify approved activities to take place at this residence. Mr. and Mrs. WiIlian. Dickey were present. Mr. Dickey explained they are asking to be allowed to store equipment In 3 stalls of the former stable. He noted the equipment being stored is not of a hazardous nature. All equipment is decontaminated prior to coming out of the area which had the asbestos removal. He noted there is absolutely no storage of asbestos waste on the property, and estimated that approximately 5% of the equipment used in the business will be stored in the stable. Callahan asked if daily deliveries will be made to the residence. Dickey clarified that a delivery may be made approximately once every other month, and there wiI I not be contractors cal ling at the residence. Mabusth explained this issue was brought up because of phono calls by residents and the newspaper. It was moved by Jabbour, seconded by Goetten, to grant a home occupation license to William Dickey allowing the management consultant phasa of the Asbestos Control Management, Inc. operation and to allow storage of a minimal amount of equipment used in the business to be stored in the former stable. Ayes 4, nays 0.j; It was moved by Jabbour, seconded by Goetten, to approve the licenses as follows: Cigarette Licenses: Wayzata Country Club, 200 Wayzata Blvd Jimmie’s Inc., 3380 Shoreline Drive O’Sullivans, 2420 Shadywood Road Orono Golf Course, 265 Orono Orchard Road Rick’s Super Valu, 3333 Shoreline Drive Navarre Lanes, 3425 Shoreline Drive Navarre Liquors Inc., 3421 Shoreline Drive Crystal Bay Service, 3398 North Shore Drive Keaveny’s Navarre Drug, 3425 Shoreline Drive Navarre Amoco, 3360 Shoreline Drive Orono Shopping Center, 2160 Wayzata Blvd 11 mm "A '^'{K ■ ^if. £f£:w- rv-, ;^''vA-.. Ilv'11'"^' •**■*. ■tktBi-.,pii^ i»s ■■•■- p" jKr'•'- > ^ ;•*• fm-it iP' ■-• V- rPp lK;]»i'k r;^■ Ppv .•. < ; • -SE.! MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 27, 1992 LICENSES - CONT. Residential Kennel License: Ross Nathanson, 2420 Countryside Drive Ayes 4, nays 0. (««10) BILLS It was moved by Jabbour, of the AlI Funds Account seconded by Goetten, to approve payment Ayes 4, nays 0. EXECUTIVE SESSION At 9:03 p.m., City Attorney Barrett requested that Council to an Executive Session for the purpose of discussing Ii11 gat ion. ad journ pending ADJOURNMENT It was moved by Jabbour, seconded regular Council meeting at 9:10 p.m by Callahan, ic adjourn the Ayes 4, nays 0. Barbara A. Peterson, hayor ATTEST: Dorothy M. Hal I In, City Clerk 4 .y M ''.•■►Vi' \.n 'fi- W-p- o oV-.CITV of ORONO Muxudpai Oflioes P»tOfl5ceBox6a -> •* % • - >^.,- t" ^ .r, A. 'A r> •• ■ ^ Ov5ial Bay, Minnfsoca 5£323-00W---- * * } - 1 L TIUEPHONE - 473-T357 • E\X - 4TM)510 V JAN 2 2 JS32 APPLICATION FOR CITIZEN ADVISOR! COHMISSIONS ^ • Commission Applying For: 1#:- ■ [^^Parks Commission Planning Coiraniss ion •V n Community Task Force (Name) ‘-.I ^liamm J t/A Rh > ■‘V: Addcess P.n,f^v S'I ^ r./ch( . /^A^- V Post office & Zip Code S: Talephone (H)H7S'-(W) _^A - Resident of Orono,years Work Experiences >/fy i'jyy. S',//-t;: Cj!.- //^- n ----------- Education :zi 'v‘i Ciuic and Volunteer Activities (past and present) . rc;*'’'; ■ ■ Bvv Please state your reasons for wanting to serve on this Commission (Please be as specific as possible. Dse additional sheet if necessary.) J.t.w 3 u iS 5- € XX>^ J y\ ^ M / y 4/ ' ijh \f\\11(/ y y y What is your view of the role of the Commission? Other Comments: (Ose this space to include any further iafomatioo you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.)Tj J- t, ft'Sf ■' T /7VL,&^j 3. y I understand this appointment may be discussed at a public meeting. ///y> 2 P&Signature Da te - IN 4. •-•'--f - ,Vv\*‘ 'CITY of ORONO i•v • i# * ■ M.J*./■ >7 I.wj Monidpol OflBco Post Office Box 66 Ci7«xl Bay, Minaaota 55323- r^.r, > • I •' '* ^ U " I • V telephone -473-7357 • fAX-4734)510 APPLICATION FOR CITIZEN ADVISORY COMMISSIONS JAW 1892 Connission Applying For: 'Mv. i-'f-fK'' \nn Parks Commission Planning Corranission n Community Task Force (Name) ci;. LiT.1 mcmilian < • W'Address 1275 LYMAN avsnuf Post Office & Zip Cede - telephoneI:- WAVZATA 55391 (H)476-8626 (W) Resident of Orono _3H years Work Experience: 1987 - PRESENT: HOMEMAKER 1981 - 1986: COMMERCIAL PHOTOGRAPHER. TOLEDO, CHIP V • * * * • Sdacahion BROWH university; A.B. degree in ORGANIZATlOMAt BEHAVIOR iOT MANAGEMENT, JUNE 1981. Civic and Volunteer Activities (past and present) - BLOCK CAPTAIN - SAVE THE LUCE TJNE COMMITTEE • / • FOUNDING BOAB5 MEMSER OF THE TOLEDO FR1FHD3 OF PHOTOGRAPHS *1 ^ 'll i-aaiit r h Please state your reasons for wanting to serve on this Cotnraission (Please be as specific as possible. Dse additional sheet if necessary.) >» HAVING STRONG INTERESTS III CONSERVATION AND RSCHSATIONAL 1S5SUK.9 j_PIND ^*HE PARK COMMISSTOIJ TO 3E AM ARIT^ OF CIVIC INVOTVFM^NT T^I^T t'NATXmALLY CONCERNS ME. MY DESIRE TO BECOME KNOWLEDGEABLE OM. AND ADD INPUT TO, THE DECISIONS SHAPING ORONO’S RECREATIONAL tr:'f AND **OPEN SPACE” NEEDS IS A STRONG REASON UHY I TO SERVE. t V-. k Nbat is your view of the role of the 'Coomiission'* vV FIRST AND FOREMOST. THP! COMMISSION SHOUI.P BE A SOUNDING BOARD FOR !;>:THB r<SSIDENTS* THOUaiTS CONCERNING THE PARK AND FFCRNATIONAL FACILITIES. IT IS IMPORTANT THAT THE COMMISSION FT^.TFR THESE CONCERNS ON TO THE COUNCI I.. LON GF-RANGE PLANNING SHOULD BE IMPORTANT PROVIDED IT DOES NOT INTERFERE WITH THE MORE PERTINENT ISSUES BEFORE THE COMMISSION, AS ORONO CONTINUES TO GROW, (SEE BELOW) p Other Connents: (Use this space to include any further infonaation you would like the City Council to consider, or that t-.also attach other materials you would like the Council to you feel is relevant to the appointment you are seeking. You may consider.) IT WILL 3S CRUCIAT, FOR THE COMMISSION TO MATMTAIN ITS FOCUS AND ' NOT BE DIVERTED FROM ITS STATED GOALS. ;^L «»ATTACHED is a copy of my FIRST APPI.TCATION DATED AUGUST 1991. *V - .1 urderstand this appointment may be discussed at a public ^•**-*'7 p..-meeting -j-J,. ^ KIC S ignature /Oo-?3k Da to mi--9^.:m- UMx. ti- , pl,.: te Siwar li ^ I .''■ t»'-^r’ t ^ f 1275 Lyman Avenue Wayzata, Mn 55391 Orono Council PO Box 66 Crystal Bay, MN 55323 Dear Council Members: Please accept my application for a position on the Orono Park Commission. I am a viable candidate for the following four reasons: Mv genuine interest in the communirv of—0C9.0S.L Having chosen to live and having enjoyed this community for the past three years, I appreciate the concern my fellow i^Qsddsnts have shown in working to preserve the unigue ^ (jjmracteristics of Orono. This concern for the community, demonstrated by the hard work and commitment of its many individuals, is something I would like to emulate. Mv background in recreationr*? >> * , 1 have been involved in recreational sports all of my life and continue to do so. I recognize how valuable it is to have the opportunities to be able to participate in sports at 2ifiy age and therefore how imp >rtant it is for a community to be able to provide recreational opportunities for its citizens. Mv interest in conservation: For the past twenty years I have pursued my hobby of ornithology. A direct result of my study of birds has been an appreciation and general interest in our natural environment. Orono is fortunate to have much of its rural habitat intact. The park system should continue to complement this unique characteristic. Through education and exposure to the natural environment, I am hopeful that future generations will be able to understand and appreciate nature's delicate balance in their own community. It ■-•< . ability i-n mat ah issues objectively; The challenge of:o weian issues opwa. serviiig~one * s conununity is doing the best for the greatest amount of people while adequately assessing the outcome of ^bose you cannot successfully accommodate. It is the ability to rationally work out solutions through objective listening of all points of view involved. It is this act of carefully understanding and weighing all the issues that I would strive to achieve. Enclosed is ay resume. I thank you for your consideration. Truly yours. Lili Tod McMillan P^'mm ■. ■V.vi-.v •j fcte.v. ilF: Ji. i • K s; .r.- ■>.> ■; •Mi' 'X. ■ S»' *‘WiWy- a?'mi #;vmm F ■ ’.T. ..' ■ •' p^r' - vS- in* fe^‘‘-‘:,'; ,/o oy CITY of ORONO If%. -1. •■^V. .V .* /•' NlunicipAl Ofl^cs Post OCBct Box 66 Cf>^ .Ntimwota 53323-0066 • »*J l.*.*^** 0/y T elephone - -»n-r557 . fax - 4TM)sio 1^ §m ftPPtlCATION FOR CITIZEN ADVISORI COMMISSIONS 1 3 1932 V #:■ ^ t'liasion Applying For: S, . 's Parks Comraission Planning Coramission » Q Conrounity Task Force (Name) V-: L, mode Iddress g/0 Hadsh^m ■m ::k»post Office & Zip Code Telephone (H) i/>/^ ' V7^ ~(W) *- fS'nsItesident of Orono ^ <lz.years "k V Work Experience: !•/ P^4pry^i'\/L c*vr>r?>-/i^nri/ 6-rV/>3~^(7Tr >.i^r//'CC &■ t S-'-: S' l^^: Bdocation ^'gfi (^radoiL ffjl^(i , (i^jr2^s> ai fJnr/^wvfcUL. Crmm. VVA'- ;-fSS-Civic and Volunteer Activities (past and present): «::. ,,.,;.;; v:,-...rt- . AA ^ ■•-- A. Please state your reasons for wanting to serve on this Connnission (Please be as specific as possible. Ose additional sheet if necessary.) iit'iArm. -ihL onm/vunihj . I nai/t . 'CltaiL . wcludi,-}^ abui< . g k. lb giv'c crKunKinik ^ntif\\nr<i. -fun to pidij titorn. mcludi'l^.. •bdmcmjr' * i/0io-ft/~ dchvi ' ' ---l u)H-h 'Hut/, acki Ulin^ is your viem of the role of the Commission? 'in ^g- 'Hxjl btst I Can —^j2]0]i£L •1: 4<v onmnriiiniki ^cK^.'-Tn aihni ^oard mtohn^-^ i^ij k/r?!’ a f/Mr-i/uj Caa^ m w V if - li other Comments: (Ose this space to nclude any further information you would like the City Council to consider, or that YOU feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) HflliZ/nff Oi^nou T I I I / - _ >c. ^ L m-^ HKC^inq OL '^rr\i\{J I __I (jOLiid —Q . J ,. f\ ^ i i _ _ ij i- r>'■hiL (kr^ Cj)mmi‘^Dn o(- Ij t rnfyhyji-tof) ■ Olori. irnfi oC'hQntJ^. I Ivti/L ^ho.-hrrv., fllu ^('horiuiiL 1 -6 -fhY.ibliL. ^ am gmilqlolt-.____________________—---- I understand this appointment may be discussed at a public meeting. r yTMcA /'(f Sionature Da te fn._ 7^ • j^' ^ •• r» - scT'-./': t'. m A CITY of ORONO 4 ! ! - ^ 7s- Munidpai Offices PiM Office Box 66 Crnol Btyt Minwso^ 55323-0066 \^<-i'-rjj,'''ir-«.5'y • •-.1 ■r >• fir ' -fP TTT FPHONT - / • El-OC • 473-0510 ,,i :|^' ipijh APPLICATION FOR CITIZEN ADVISORY COMMISSIONS h • » * P 1 C 1982 COBBsission Applying For: *■ ""W 1^ Parks Commission ] Planning Commission tp - a* I I Community Task Force (Name) i:i?F Nan*e LI *> . %mfss Post Office & Zip Code J (^ ^h J aJ ^ 5~3Cj/ Telephone (H)>/72- 3/;? 4 (W)5 /V <- ftesident of Orono 3^-------years 4 Work Experience: .2 9 QA>5 Education t e 'T& p (juoRit: 2" U. •sf ^H. t M_dcpL^^r^^ t* & A1 PO'e Civic and Llcotear Activities (past and present) s Sc^occ/ O *J /V » o Zt/c/ 5 o/ c c i L>±»£^f 'V- ^: ;■■ y p>s JkM—^ Jft ^'A / /o ^o \CITY of ORONO ^ M I r" ■ig«- r> V‘. ■'-^ V^:"v> ,l^>, ^ ■ Municipal Offices Poil Office Bex 66 Crrsial Ba^. Minnoocj 55323-306ft telephone - 473-T357 • FAX - 47 >-0510 T,:i s. « APPLICATIOB FOR CITIZEN ADVISCBI COMMISSI INiMl 6 1992 V- Commission Applying For: Wm t^'^Parks Coimaission r~^ planning Corninission Community Task Force (Name) pJ ^ /7^ I, Post Office & Zip Code • A:, :ill. r mm- ;*1fele phone (H)(W) plaesident of Orono y/■years pi..I# P work Bxporience:/' /lu < v:L 7^ Sdneatioo B.A. cum laudp from St 01af rol l J.D. magna cum ]ande. M.rums^ta Lau Knhool / 1 »f Cl»ic and volunteer Activities (past ..od present) : Currently on Pp.^rH of ni-rtnn itni-Vny ilnmtor-^—Incr nn on P lard rff ni Pom± Sports Arenas lnc“7 . ■ - ,1?' 4 r ki '4'., Please state your reasons for wanting to serve on this Ccumission (Please be as specific as possible. Ose additional sheet if necessary.) T am voT-y i in yrMi<-h gprtrh.a^---pa rticula rly —foOtfc»al -l-y hockey and baseball^ all of which my son plays. I v/ould like to serve on the Parks Commission to promote youth recreational facilities in Orono. I believe that I have knowledge which would be helpful in serving on the Parks Commission. ■ im-. 1# Iftiat is your view of the role of the f ^amission? In my view, the role of the Parks Commission is to determine the community’s needsfor youth recreational facilities iyf and then to determine how best to satisfy those needs within . necessary budgetary constraints. liii# m. ilv- m. Other CoBincnts: (Ose this space to include any further ilii£oniation you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I-: ■S? ir-:^ m W:-- i'' ■ II,■ L.' ,2,.^v I understand this appointment may be discussed at a public meeting. p', ^ ‘2m /-5'^'Z S/fornature Da te WnMii vmi! wkwm / rwm‘ fTi H'X*. m PF. • ’• S •:' ■ ■ • I”• »' •MM;"L-Plesse state yoar reasons for wanting to serve on this Commission (Please be as specific as possible. Ose additional sheet if necessary.) J.r/f .PULA ynt ^ i / f.t. I1. - */ liLiMS y K.(^Li H. (jl •'lu: F' ih/UiAU)vLlc r |)A<jii/ivi.J ^ cf’ r^,o tiU. 9- .L'l>U- llLf: Ai-flU-lAMUy^ AMAiXfLfjy^ *__: L,UlX-?LMjr^---£ llAtiJ 1 L ^ ^ kpj^ PA.d Jtjd C ^ lMyl7U A( 'DmJilk. > ? kA I h P lA-:9Si .1 // ■'nC ^ (p" C'^ lat j3 your view of the role of the Commission? ')C)XJLti //:. ^ UjLXitlkjp r ~ Y/.-I/? C ((i /' i/V' o (/(jL. AjLdLli other Comments: (Ose this space to include any further information you would like the City Council to consider, or that vou feel Is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) *SXLr»i^^ ( I V'-cL.iyi ,) ^ /» /? tU/ ?'r 9 f?- ■ mzM.if*" ■■m’M- I understand this appointment nay be discussed at a public iting. k l/kf / n ijn >1 -f/ /f ?✓ 77 Date ' Jt iIiBd [•MtRl • : I > 1 # L* ,#> 4 • P iifriT mi 4ippf WnHlI inloo •iOiii r-;. V:/ ?'■ rL •V [;• l5 ‘f^ I •• I. f !|' >-■ ?:«* I II f'¥ Zoning File #1706 January 15 r 1992 Page 2 1,Council concurred that a road corridor tc *■ need not be provided with this subdivisa eastern boundary lines. 1. ce Line a ^ ong the 2.It would not be necessary to extend a private road or private driveway to the Asac and Deters prop'^’ty to the northwest, although access could be provide at i la_er date through Outlot B if necessary. 3.A private i oad shall be construi:ued thr.»';gli ending with a loop configuration as opposed t de-sac in an attempt to save as many trees, and impact on the steeper elevations. : 1 -- -1 . ze 4.The private driveway within Out .lot D was to serve three residences, two within the subdivision - Lot 1, Block 2 and Lot 1, Block 3, and tne property to the immediate east (property was re '>tly sold by former owner S. McCloud). Mr. Knapp has been asked by the new owner to provide an access easement north of the original 60' access corridor platted along the south edge of the property. Staff will ask for confirmation that the easen*«'\ t is locateu wirhin the expanded portion of Out loo D as it abutts the eastern boundary line. 5.Applicant to grant an access easement tc the Nature Conservancy property. Basea cn configuration of Lot i, Block 1, access may nave to t><- prc’^ided vja Outlot A. This accer« must be defined prior to fxnal plat approval. It will be necessary prote'~t the alternate septic site v.'ithin Lot 1, Block 1 during road ccrstruction and at the time a drive is installed to Conservancy lands. 6.Drainage easements shall be taken over portion of Outlot B that separates Lots 1, Block 1 anJ; 2 and over the drainageway running from the south t>*j the north within Lot 1, Block 1. Review of Planned Residential Developnent Conceptually the City • 'anted approval for the development of the prooerty under a Pla... ed Residential Develcpmerit based on the topographic constraint'^ and the unusual conficuration of the property. Applicant h'"*" failed to ask for special setb*'ck consideration in the fi ng of the PRD. Review Exhibit G. ihe building pads at 2 to 3 acre areas will require speci^Ll setback consideration. Staff would recommend that 2 acre zoning standards (50' front and rear and 30' side) be considered racher than the current RR-IA (100' front arid rear and 50' side). The building sites are limited by steep topographies, location of drainageways requiring speciar setbacks, configuration of (i. Zoning File #1706 January 15, 1992 Page 3 building pads/lots (specifically on Lot 1, Block 1 and Lot 1, Block 2). Outlot D is classified as a private driveway and the code has no specific setback standards for structures adjacent to driveways. The City will ask that the 5r* setback for all construction be n ’.ntained from Outlot D. As all pads/lots appear to be over 1.99 acres, are lot coverage constraints necessary? Applicant has noted^ at an earlier meeting that these covenants will .ittempt to minimi tree removal and disturbance of the steeper sloped areas. Revie/ Exhibit H, the map that designates the areas in excess of 1C% slope. Should we restrict construction within these areas? If so, consider the impact on Lot 1, Block 1 - would you allow accessory structures to be constructed in front of the front line of the principal structure on Lot 1, Block 1? This would prohibit all additions to the west, north and east side of the existing structure. Certainly the open space ar.--as (Outlets A and B) can be prohibited from any improvements involving land alterations. If prohibiting construction within areas in excess of 18% slopes is too restrictive, what other methods or controls are realistic? In your approval recommendation the following items should be addressed: 1. Speci'^1 setbacks. 2. Restrictions on tree removal and land alterations within steep sloped areas. Options: A. Prohibit all land alterations/construction within areas found to be in excess of 18% slope. B. Create additional buffer areas within each building pad similar to Suaar Woods. C. Hardcover cont 'Is. D. Others deemed appropriate by Planning Commission. 3. Reg* re open space easement over Outlets A and B. Easement to include future access drive to Nature Conservancy property. 4. The staking of alternate jt:.c site within Lot 1, Block ^ and primary and alternate site in Lot 1, Block 2 prior to private road and private drive construction. 5. Because of special topographic constraints on Lot 1, Block 1 and Lot 1, Block 2, would Planning Commission conside- allowing accessory structures to be cc"structed in front of the front line of the principal structures? 6. Applicant to confirm that easement serving property to immediate eas' is located within private driveway outlot, Outlot D. Ifm ■ ^r- ■ ^ •; ... -.\ ' '■• •V-"V.- Kf^i-''-- v>>i^'-f,ffp:'- L - '• f‘ If f‘ ■ i^f;*f i/.j:fe' & t i'0¥ !J fcf't.f.m Zoning Pile #1706 January 15, 1992 Page 4 Addi^onal Bjchlbits J - Map Designating Areas in Excess of 18% Slope Additional Conments and Planning Coomission Recommendation In consideration of the options presented by staff concerning restrictions on txea removal and land alterations within steep sloped areas, the Planning Commission opted for the prohibition of all land alterations or construction within areas found to be in excess of 18% slope (review Exhibit J). The Planning Co»^'»*ission adopted all of the staff conditions for the Planned Reside cial Development except for Condition #5 which related to special setbacks for accessory structures. Review Exhibit J, the constraints placed on Lots 1, Block 1 and 2 by restricting all activities within steep sloped areas are obvious. Staff recommends that Council also allow accessory structures to be placed in front of the front line of the principal structure. The enclosed approval resolution of both the preliminary subdivision and Planned Residential Development have been based on the approval recoinmendatioon as adopted by the Planning Commission. Staff recommends that you add special setbacks for accessory structures but only i.or Lots 1, Block 1 and 2. Isv tyj m^ W ^f^■ V i. m. tv ‘j r.-'■• V'’ ■• i J '.r •,k '*• ■■ -I 'i'i-' it: ^:::l #■ ! -T,. ■ :J:'" r m ^r1A 'T^r ‘1' I f.; y y;.- K\ y--7. pVv’ v^- v> ■:-• A RBSOLOTIOH GRANTING PRELIMINARY APPROVAL OF A CLASS III SUBDIVISION AND PBR MONICIPAL ZONING CODE SECTION 10.27, SUBDIVISION 3 (A) CONCEPTUALLY APPROVES A CONDITIONAL USE PERMIT FOR A PRD OF 3 RESIDENTIAL UNITS FILE NO. 1470 6 1706 WHEREAS, William F. Knapp and Evelyn S. Knapp (hereinafter "the applicants”) have an interest in the subdivision application filed on ‘ .ptember 22, 1989 and on December 24, 1991 filed a conditional use permit for a Planned Residential Developement with the City of Cmno (hereinafter "City") for the purpose of platting 3 residential units, open space outlets, private driveway and private road outlets. The property is legally described as follows: See Exhibit A attached to this resolution, Hennepin County, Minnesota, (hereinafter "the property") and; WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held public hearings on October 16, 1989 , January 16, 1990 and January 21, 1992 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 February 10, 1992 the Orono City Council consider'^d this subdivision application and conditional use permit for a Planned Residential Development, noting the following findings of fact: 1.The property is currently zoned RR-IA, Single Family Rural Residential. This district is intended to allow a combination of low density residential development and limited agricultural activity. 2.This property consists of 17.06 acres. There is a major drainageway or ravine that intersects the property. Major portions of steeply sloped topographies make up the remaining dry buildable lands. 3.The unusual shape of rhe property prevents the property from being developed under lot standards for a conventional plat. Page 1 of 6 ••V •••* lU-I- rr.>r- ir,' n- V •^-; I - ■<-. -r-\ ,... *1 v^-' , ["■'i ji *V‘;v Mi’te:'/SR7- [ :-- ,^ 'f * ■;r =* Mk"- '- e^■ t-r Pi I>: S' '.-'0 pm % ■_ rK“%'.vte. W-i' ii. 4. 5. 6. 7. 8. 9. Per Section 10.32» Subdivision 2: Allowed per total acreage » 3 units (total acreage Proposed •= 3 units 17.06 acres) All lots shall be served by the new private road. Outlet C, and private driveway. Outlet D. Each residential pad has been found to have suitable soils for both a principal and alternate on-site septic drainfield. Septic drainfield areas have been located within each individual building pad. The subdivider shall grant access easements to the Nature Conservancy property and the property to the northeast that is landlocked. The City has approved special setbacks for all residential construction within each defined building pad or lot as shown on the preliminary plat as follows: 50' front/rear 30' side 26' from easement designating drainageway/ravine The City has recommended that a rrad corridor to the Luce Line not be provi * »d and that access to the Asao and Deters p. operty to the imm a northwest need not be provided via this property at the time «■ this plat. NONr THEREFORE BE IT RESOLVED, that based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat of Bayside Woods per plat drawings by Hansen Thorp Pel linen Olson Inc. dated September 12, 1989, revised September 7, 1990, and conceptually grants a conditional use permit for a Planned Residential Development of 3 single family detached dwellings, subject to the following conditions; 1.Outlots A and B shall be set aside as area credit for t.-e 3 unit Planned Residential Development known as Bayside Woods. Applicant shall create open space, flowage and conservation easements over said outlots. Samples of such easements have been enclosed for applicants use. Page 2 nf 6 :=i. :T |l.r ■> ■■ic JV tif 'iAir- W^j •«> :j:y- I j>m :-'c h.y> -■■ . ■• #■r kV ’ r \ L -• ¥1r >-■- 2. 3. 4. 5. 6. 7. ■ ■ Outlet C sha 11 be deveiopod as a private road at a 50' width. Said road shall be built per City standards except that the cul- de-sac area of the road shall be developed in a loop design so as to minimize impact on existing trees and steeper elevations. Subdivider is advised that building permits for new residential construction cannot be issued by the City until bed of private road has been installed and approved by the City. Road construction cannot commence until the subdivider has submitted engineering plans and the engineering plans have been approved by the City Engineer. In addition, subdivider shill execute a Developer's Agreement (see sample enclosed) and pest a Letter of Credit (see seunple enclosed) to be written to 150% of the cost of road improvment. Outlet D shall serve as the private driveway outlet to be platted at a 30' width. Road to be constructed to a 16' width based on the topographic concerns and locution ot mature densely populated trees. It i strongly recommended that the private driveway be constr*'Cted at the same time private road is constructed. Developer's Agreement and Letter of Credit will not cover private driveway constru .tion. Drainage easement to be taken over portion of Outlot B that divides Lots 1, Block 1 and 2. In addition the City shall ask for i 30' wide drainage easement within Lot 1 Block 1 over drainageway that runs from south to north. Special construction setbacks approved with this PRD are as follows : 50' front and rear 30' side. Ic should also be noted that a 26' setback shall be required from tlie drainage easement that is located between the shared lot lines of Lots 1, Block 1 and 2 and drainageway that intersects Lot 1, Block 1. No residential construction or land alterations shall be allowed within areas that exceed 18% slope. Dedication of 33' of right-of-way for Bayside Road. County has asked for an additional 7' dedication. The Comprehensive Plan defines this portion of Bayside Road as a collector road. Maximum right-of-way width shall be maintained at 66' w’dth. Page 3 of 6 '■ r •-.' .' ■ :? ' fc- !w^' 'VJ •«■ i?'r.'-- 4 'I 'i•^v. V^S; ^f'iK yi\ 8.Subdivider to grant open space easement over Outlets A and B, shared/commonly owned open space areas of ?RD, open space easement to include access easement to Nature Conservancy property to northwest. Easement to be rreated over narrowed portion of Lot 1, Block 1 and Outlet A and at a minimum 20’ width. See seunple enclosed. 9.Applicant to select name for road. See form attached. Road name approval is a separate action of Council. As soon as applicant has selected name choices, staff shall schedule applicants request before the Council. (See sample attached.) 10.Pleas refer to enclosed covenant for maintenance of private roadr Applicant n.ay wish to include language within private covenants for Planned Residential Development. Applicant has option to either execute enclosed covenant or to include in comprehensive covenants for PRD. Please note your covenants should include upkeep and maintenance of shared open space areas within Outlets A and B. 11. PINAL PLAT SUBMITTALS: The final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: A. RECORD PLAT drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County). In addition, (1) copy reduced to l'*=»200'. Drawing tc include: 1 ;All items as specified in the appropriate conditions noted above; i.e. private road outlot to be a*: a 50' width, private driveway outlot at a 30' width. Lots to be designated as shown on drawings by Hansen Thorp Pe]linen Olson Inc. Drainage easement shown over area of Outlot B that divis>es Lots 1, Block 1 and 2 and r /er drainageway within Lot 1, Block 1 at a 30' minimum width. ,u' 4 of 6 ‘Xi •; - m ife- L life'W%- I'- P. tr t-i’ % fc m^. :.M Mr. lif. ^^v: "r"’1:' fvI-.. i>‘- ■I.-- li' ■:rr 3) 4) Dedication of 33' of right-of-way for Bayside Road. 10' wide drainage and utility easements along perimeter of all lot lines. Rename plat as City already has a plat named Bayside Woods. Upon the submission of all final submittals, applicant is to provide confirmation that new access easement to serve property to northeast is included within outlet. B. OTHER SUBMITTALS REQUIRED: 1)Executed open space easement over Outlets A and B to include access easement to City to Nature Conservancy property. 2) 3) 4) Executed Drainage ".asement over defined drainageways. Road ncune request form completed. Execu*-ed Developer's Agreement and Letter of Credit to be written to 150% of the cost of construction of road. Private Road Maintenance Covenant. Covenants for PRD. 7) Executed Road and Utility Easement over Outlet C, private road. 11. FINAL PLAT PEES TO BE PAID: Total D,. e $500.00 A.$200.00 park dedication fee. Note preliminary subdivision application was filed prior to the new Park Dedication Ordinance approved by Council on April 30, 1990. ($100.00 for eacn residential unit at 5+ acre unit density) B. Final plat fee = $150.00 C. Filing of plat and associated documents = $150,00 Page 5 of 6 1 Pu#V- if?p: :m-r fte': P‘ Kf' PmBf'rilpfev?’ ^v|-, ,,pV ^ Ifi- |i*- . ' J m, Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 10th day of February, 1992. Preliminary subdivision approval shall expire one year from the date of this approval, February 10, 1993. Failure to meet the one year deadline shall require the filing of a new subdivision application with the City. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of February, 1992, Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and saxu instrument was executed on behalf of the City. Notary Public Page 6 of 6 F f jf. i;>-5:'>* %:. r-' t.:' ■Jr mr i^v* j r«t^. li' I' i i. < S miv £- t. w iv fc’fr- EXHIBIT A The Southeast Quarter of the Southwest Quarter of the Southeast Quarter of Section 31, Township 118, Range 23, West of the 5th Principal Meridian. That part of the Northwest Quarter of the Northeast Quarter of Section 6, Township 117, Range 23, West of the 5th Principal Meridian described as follow?: Commencing at the Northwest corner of the Northeast Quarter of said Section 6; thence east along the northerly line of said Section 6 a distance of 514 feet to the point of beginning of land to be described; thence deflecting to the right 117 degrees 30 minutes a distance of 509 feet to the centerline of County Road No. 84; thence deflect left along said centerline a distance of 190.00 feet; thence deflect left 81 degrees 19 minutes a distance of 662.11 feet to a point on the north line Df said Section 6 distance 216.55 feet east of the point of beginning; thence west along said north line a distance of 216.55 feet to the point of beginning. The East 1/2 of the Northeast , -irter of the Southwest Quarter of the Southeast Quarter of Section 31. Township 118, Range 23, situated in the County of Hennepin, State jf Minnesota. - — LSt ith Lon .an of lid of ses ity ice i a lid igj to the in janAMDl^APK.ICATTCWr'^IP CITT OF ORONO - 6ENER I nOFBRTY LOCATIOH Site Address 4-3^^ f:>AVSf Dc^ Kp.I i:Property Identification Number (P.I.D.) 3 / — / / “P —O O O.Z 3/- UT-'Z^^^~ oe>c>s^ ~ i — '2 j:3» } iL--ooo'Z^i Please attach legal description to application if not included iW: i'f :v S: Sit' I?is« Wf i/' (i-fc i;' ■ pl’i S'®'. ■;s*.'V on required survey. APPLZCAVT Name h//CL/A/^ F 6<£^\IBL.yAj ~S Phone (home) ^ " OiS / ^ _Phone (work) S^^~?^"7OZ> Address ^300 3aYSW£. f?O._ _ _ _ _ City (^Ro^o OWNER (xf different than applicant) Name Address Phone (home) Phone _ _ _ _ _ City _ _ _Zip Date Propelty Acquired (nionth/year)^ ^ _ _ _ _ _ _ _ _ _ _ __ _ _ % • • * -^1^ • « me/ r ^ / I (do) (do not) also own the adjacent parcels of land. pFBBS - CONDITIONAL OSE PERMITS - Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee i' p►fttefIf :(V-- __ 5 50.G- For each variance request with CUP application _ $125.00 Residential accessory Use _____ $150.00 Institutional (church, school, etc.) _____ $150.00 Guest House/Guest Apartments _ $150.00 Duplex Credit/Bldg ___ $250.00 Commercial/Industrial Use cm OF C'ROW OFFICEI Anrf> _ »'fc'VjL V V'VWV n f rch • cr M CHECK Ti 1215, CO hECEIPT-FHAKK YOU 1^:31320 COOl ROl 710:( 12/24A $200.00 Land Alteration ;v>|c; i:'^9i 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 fc schedule u:,r^ ^ OTHER APPLICATIONS _ _ _ _ S200.00 ^250.00 /■* peftI c . Commercia. Site Plan Review (+ consultant fees) Vacation $175.00 Easemc^nt Vacation $ 50.00 basement Vacation With Subdivision $250.00 Rezening (PUD - refer to fe^ schedule) $100.00 Appeals Other “ see fee rhedule /7 f “ ’*■ FBBSEHT USB OP PROPERTY ^ Vp ^ i U Present Zoning District / ^ Present Use of Property _ _ _ _ _ _ _ Residential Other (a^ecify) [ DB8GRZPTIOH OF REQUEST Describe request in detail: i' • r ‘ V •. P |g-t^ R»<z- - wHsifci!/ IBQCISBD SUBMIRUS V. Completed AppT ication Form. Certified Property Owners Lij». of owners within 350' (you can obtain this list from Hennepin County Department of Finance A-603 Government Center 34;.-3271). Plat Map. Certificate of survey signed by a licensed surveyor). Topographic survey \existing ;■ d proposed con^'ours) if lard alterations involve changes in elev..tion (grades). Construction planr if applicable (see staff for requirements). y7« As an addendum to this application, please attach a seoarate list of any other persons you wish notified of this application. Jr YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR A WORKING COPY (ll* X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. The applicant and Property Owner must sign this application. Please remember i lat your application is not complete if the aoove infcrmatior has not been included. W WHR RBR MRI SHP Riv w* O h * esiM SHR ew mm mm mm mm mm som mm mm mm mm mm mm <^m mm •• mm mt mbm -«■» mm mm mm mm m» mm rm mm mm iMO mm mm mm mm mm* mm mm «mM mm mm «Me mm Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _Date_ _ _ _ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The appll'^ant 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 unusurl expenses incurred in review of this applic”*t'• and certifies that the information supplied is true and correct ‘•.c the of his/her )cnowledg3. Applicant's signature ^Date l7’~/2.‘^ /?/ OWHERS SIGNATURE The owner hereby acknowledges and agrees to th..s application and further authorized reasonable "Ttry onto the property by City staf'”, consultants, agents, commission members, and Council members for purposes of investigation and verification cf this request. Owner's signature _ _ _ _ _ Date / '2^4-/ _ _ _ _ Applicant must have all submittals into the City offices 25 days before the Planning Commit Meeting. Planning Commission Meetings are held on the third Monday of *ch month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zr«ning Office of this change prior to the meeting. r . 4» W-. X.- £ I" S ' ^ it Wfefe-' P>f'■«.■> iK i ■ V ' . ■*- a •''•■ ••• » * ■> • 2 ^ fe ■!Sf’-;*' '’rh ^ ®:. |s*5;' I I H Qz > S 2 5 ?D ? ^ 5 > 5 2o » > oo S »» m III5B5 _ T> m ° ri ► » V. -c > > m 2 o o S3 5 o o 2 s 9 m H QZ > 2 53S ^ 2 2*r ^ m *D ?T| ^ \ •< > m C 33 O X > o o X M o 2 2 S> fn o (ft f- ^ H ^ m H o X w M ^ S > ^ IX 9 wElssss il ;s m m < 2 »H X -I m m W*1 X tM V71 O' n X X S. M l-i055 3pn ^ -n XXX r- ri m moo </3 ■H _ 1-^0 0 r- X X m -< -< V) > O V^ o c» o VH Or WM O 03 O I X m v4 i/) (/> O U4 ^ A M M in M »-- I -o O X r- in Xm > m X m X ► r- 3 r* H »” > m X t«i X MX ^ ® X SM -H C X ? S 2 P 2 0 ^ X m X iill ^ > X m ^ X ^ ^ > m Z 0 mmm 4mbi ff*n| > m z 0 C3 X ^ 00 X > w 0 3 X X ?n w ^ 220 3 X X rn s??;^ss M M U« r- X < < 0 w 0 0 0 0 ^ P 2 M « fs>n rap in0 r> r> in 0 lo J v« ^0 0 0 0 O J> H O oo IH •Hm o C*§? T SC IM M M M Z H #• X*Mi rg 0 X -< 0 in wi i"*«s®0 0 ^ ..Vp4 X si* in ^ Z\A 4 -1 \ ffl XI H H i*"M M ft?; in in O •-• ► r- r- -< I in pg M 04 om »-• fs> X O ^ w M M m -si in -H -H > > M M ooo K >7^in w in O' I M CP N- ► •< • (/> l^^ IM 04 o m M M Xo o o o 04 (/I tn o 2H p 01 m ri o ui M O O I XX M > M W-'^...... ►T» '-D-'.**) minutes of the orono planning commission meeting HELD OCTOBER 15, 1990 ATTENDANCE 7z00 P.M. The Orono Planning Commission met on uhe a^ove u^ate wi^n ^ne following members present: Planning Commission Chair Charlie and Planning Commission Member Ed Cohen, Jim Hanson, and Candace Rowlette. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron. and City Recorder Scheffler. m PROPOSED COMPREHENSIVE PLAN'AMENDMENT #3 ^as the consensus of the Planning Commission that review of this item be delayed due to the absence of three Planning Commission members. I- #1470 BILL KNAPP/DAN PARTEN 4300 BATSIOE ROAD PRBLXMIIIRRT SUBDIVISION referral from council 7sOC P.M. TO 7:20 P.M. Mr. Knapp was present.V, !* ,t'.,-- - ... t-’- .n' ^ r r ,. -■ Gaffron stated that Mr Mr. Parten. He said. Knapp has purchased this property r«.. .. . . . . . .. . . . "Mr. Knapp intends to develop the property as a three-lot PRD. as previously suggested by staff and the Planning Commission." Gaffron showed a sketch of the property and the planned development. He said, "One of the conceras expressed'^ in previous reviews involved *■ , ...^■ ‘'■•I _ ^ ^ ^ . 1 - . -A A. « ^piicels north of this property. Currently these properties achieve access by crossing the Luce Line and the owners prefer xt that way. Is it necessary to consider a future alternate access via Mr. Knapp's property? Another issue is a possible north/south connecting corridor. Again, the residents in the area were opposed to such a proposal. With regard to the Nature Conservancy, the Public Works Director has asked that an easement be provided with this PRD to access that property." Gaffron reviewed the other issues relating to this development (see Michael Gaffron*s memo dated September 18, 1990). 1 Kelley asked Gaffron to comment on the proposed alternate ^U^'septic site proposed for Lot 1, Block 1. 4- ' Kelley asked, "It may be the only alternative, but does it sense and will it work?" Gaffron replied, "It is the only option available." Gaffron replied, "From a technical standpoint, it is 0 :^ "to pump over to the alternate site. It is a long ■*•''' distance and will require a large pump. Due to the steep slopes of the property, alternate site." that is the only possible location for an - 1 - w ORONO PLANNING COMMISSION MEETING OCTOBER 15, 1990 ZONING FILE #1470-KNAPP CONTINUED Kelley asked when the existing house was constructed where the alternate septic site was established at that time. and Mr. Knapp stated that the house was constructed in 1983. 1li'-.SV'r-, Gai^fron added, "Sites were tested just down the hill from the house. That site could have been used for a trench system, but was questionable. Because the property had ten acres, there were other areas that could have been used. In my opinion, the present proposal is improving the situation." Kelley asked whether it would be feasible to restrict any expansion of the existing house. ’X ‘-i, '• ^I^^'bedroom house. There is no ability to expand the present septxc Tr f} ' ■ ’ IV :■ *■Kelley asked how many bedrooms the houses on the other lots Kvl: , may have in relation to septic capacity. Mr. Knapp commented, "I do not believe that the existing house fits in with the other houses in the area. It is a fairly small, four bedroom rambler. I believe the owner has plans to remodel the house and double its size, but intends to have only three bedrooms." Mabusth asked how many bedrooms the house could have if the alternate septic site were used. Gaffron replied, "The alternate site can support a five site." ff|v|J-|;^nd will support five bedroom homes." Gaffron replied. "I believe the other sites have been tested ■■ .Kelley asked Gaffron whether he would recommend limiting the number of bedrooms for the existing house. '•■i'ry» • 0':^- MX Gaffron replied, "If the Planning Commission wishes to Include such a recommendation, that is fine. The house could be expanded without increasing the numbei of bedrooms." 1%Kelley asked the Planning Commission whether in their opinion a PRD is a suitable method for developing this parcel. 'ji.. h’.-< ft r-"Hanson said, "I have strong reservatio,ps about this development because of the topography and ray position on roads. It appears that gerrymandering is occurring here. I am also concerned about the long term viability of the septic system for Lot 1, Block 1." -jX- V-', V"' u f. Rowlette stated that she would prefer to have the property developed using a PRO. - 2 - J 1 % . ..i.- -->‘4 .'- •'- "* '(V ; :', -• V ':*•, ■ ■-7- ■ ■ ■«r-. *t • J%«•m ORONO PLANNING COMMISSION ZONING FILE #1470-KNAPP CONTINUED Cohen preferred to see a stri MEETING OCTOBER 15, 1990 •INUED v.oneu t»i.ci.ci.j.^d to see a straight subdivision. Kelley said, "I believe that a PRD is suitable. This unlgue parcel because of the land characteristics." -—..-.a *..3 proposed cul-de-sac and private driveway Knapp asked how many driveways can acces?? off is a of a cul-de-sac. Kelley replied, "There is really other safety and lot width standards ar Mr. Knapp suggested that the thr directly from the cul-de-sac. access off Ly no limitation as long as are met." three driveways could access xxwiii uii»= . Hanson asked Mr. Knapp if he had explored the possibility of acquiring additional land. Mr. Knapp replied, "The Nature Conservancy is to the west, the property to the east is wetland. I have talked with Mr. White regarding the road. I had suggested a more direct approach to the cul-de-sac. Mr. vmite indicated that he has no plans to further develop his property and that my su- - devalue his property." •re direct approach le has no plans to suggestions would axue nxa pxw^^rty. Kelley believed thc-t the present proposal, one driveway off the cul-de-sac, made more sense from a planning point of view. Mr. Knapp said, "I am trying very hard to minimize any :t to the trees. The trees are the value and beauty of the *rty. I ..urchased the property with the intent to construct irae for ‘myself. However, it is an expensive piece of »rty. I am not a developer, but I do intend to establish limitations that will protect the land and trees as much as 9 Tie uiyoexi. • cty. I am not limitations that- -^- - - - - ble." was moved by Kelley, seconded by Hanson, to recommend L of the proposed three-lot PRD with a single driveway from the cul-de-sac. The driveway shall form a "T" to ^ne lot to the east and two lots to the north. The p for this configuration is the inability to locate the sac further east due to the topography. It is further nded that an easement be provided for access to the Nature ancy, and that Oiitlot D not continue west or north, sked if the loo^was acceptable in lieu of a cul-de-sac. ling Commission agreed a loop is acceptable. Motion, ays-0. Motion carried. Nature inue west or north, lieu of a cul-de-sac. acceptable. Motion, - 3 - i-jv--'OROHO PLANNING COMMISSION MEETING OCTOBER 15, 1990 #1579 GARRY A MARIE EVERSON 4655 NORTH SHORE DRIVE APTER-THB-FACT VARIANCE REVISED PROPOSAL - REFERRAL FROM COUNCIL 7s25 P.M. TO 7:30 P.M. Mrs. Everson was present. s’ ..Mm Gaffron explained that Council had conceptually denied this application, but that the applicants have revised their proposal. He said, "The Eversons are now proposing to bring the deck into conformance with the 10' side setback and remove areas of rock and plastic. The percent of hardcover will be 49.9%, which is less than the pre-existing 54.7%." Kelley asked Mrs. Everson if it will be possible to grow grass along the north side of the house. Mrs. Everson stated that there is a north side of the house. flower garden along the It was moved by Cohen, seconded by Rowlette, to recommend approval of the revised plan, reducing hardcover to ^!9.9% and replacing existing rock and plastic with grass. Motion, Ayes-4, Nays-0. Motion carried. fv*’- #1584 ROBERT RAOUNZ 1066 LOMA LINDA AVENUE AFTER-THE-FACT VARIANCE PUBLIC HEARING 7:30 P.M. TO 7:50 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. Radunz was present. f,,. Gaffron reviewed the information in his memo dated October ii, 1990 pertaining to this application. fe’; " :^%,-M.L.S. Mr. Radunz provided the Planning Commission with a 1988 listing for his house which indicated that the pre-existing deck was 12' x 26'. He stated that the stairway was previously located on the north side of the pre-existing deck. Mr. Radunz showed pictures of the pre-existing deck and noted that he had obtained a written statement from his neighbor stating that she had no objections. He said, "There are two large trees that obscure my neighbor's view of the lake from her deck. I will be happy to remove the plastic from any or all areas of landscaping if necessary." Jt : ‘ _ ■Cohen asked Mr. Radunz who constructed the deck. Mr. friend. Radunz stated that he had constructed the deck with a He said, "I was going to repair the old deck. The - 4 - % pv_ te p: 4^- ■ - ■ P'- ■' ORONO COUNCIL MEETING HELD NOVEMBER 13, 1990 ZONING ADMINISTRATOR’S REPORT: #1470 KHAPP/PARTEN 4300 BAYSIDE ROAD PRELIMINARY PLAT Mr. Knapp was present Bernhardson reviewed the specific Planning Commission recommendations and explained that this preliminary subdivision proposal does meet the PRD criteria. He said, "The Plannin9 Commission did approve the PRD approach to subdividing this parcel. It will be necessary for Mr. Knapp to file a Conditional UsG Permit application to be reviewed by thPlanning Commission at their January meeting." Gaffron said, "I believe that the conceptual approval of this pl«in so Conditional Use Permit application." applicant is that he can requesting submit a Goetten noted that the Planning Commission had previously considered the provision of future connecting roads from this parcel. She questioned why that was no longer a consideration. Gaffron replied, "The Planning Commission reviev/ed tv;o or three possibilities. The first was to provide an access for the two houses just south of the Luce Line. Both of those property owners adamantly opposed such a plan, stating that their easement from the DNR to cross the Luce Line was sufficient. The Planning Commission felt that the City does not have an obligation to provide an alternate access. However, should it be necessary in the future, there is an outlot that could be used. The second consideration is whether or not there should be a continuation across the Luce Line to Watertov/n Road. Again, the Planning Commission believed that there was no obvious need for that at this time. The third consideration involved the inclusion of Mr. White’s property to the south and a continuation of a road to Bayside. That opportunity is still there, should Mr. White decide to further develop his property." It was moved by Nettles, seconded by Goetten, to give conceptual approval of the PRD concept plan as recommended by the Planning Commission, and direct Mr. Knapp to make the appropriate PRD Conditional Use Permit application. Motion. Ayes-4, Nays-0. Motion passed. #1497 TOBERMAN PROPERTY 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT DBNIAL RESOLUTION It was moved by Acting Mayor Callahan, seconded by Peterson, to table this matter until the November 26, 1990 Council meeting. Motion, Ayes~4, Nays-0. Motion passed. - 7 - ^ . i:v /, ■ I'"w \ i:?'\ ■ |:-p.P' ORONC COUNCIL MEETING HELD NOVEMBER 13, 1990 ^'.r" vs ’ft ‘f . BS i ■ r #1555 LAHDSTAR* INC. 2501 OLD BEACH ROAD PRELIMIHART SUBDIVISION RESOLOnON #2900 Mr. Dennis Sandin was present. l'*' Mr. Norman Paurus, 2500 Casco Point Road, asked about the one lot in this subdivision that will be zoned for commercial use. ■ ■ Pri-'v. mp: Bernhardson replied, "That lot is in a commercial zone, intent is to give that lot to the Freshwater Foundation." The PetersoT asked whether there is any guarantee that the Freshwater Fcundation will take over this parcel. Mr. Sandin replied, "I have a letter of intent from the Foundation." Mabusth stated that Mr. Blanch, the property owner, giving this property to the Freshwater Foundation. Peterson asked for a tost estimate for the bituminous |#Sr;dverlay. Cook replied, "It will cost approximately $25,000 for the two inch overlay and $20,000 for the one and a half overlay." Acting Mayor Callahan asked what advantages exist for the and a half inch overlay versus the two inch. Cook replied, "The only advantage over the two inch is that jyou get more structural strength on the road. There has been noW M ■W ^ -- - - - - -- - - - - —- -- - - - - -— -- - -- - - to det6riTiin0 to what dagra© that occurs. Tn© valu© at this point in time is somewhat arbitrary.” Goetten asked Gerhardson for his opinion. 1 Gerhardson stated that a one and a half inch overlay would _ - . .. __ _ • • .• ■ be sufficient. He said. "There is existing blacktop." \\ Director’s recommendation for an inch and a half overlay. Mr. Sandin stated that he would accept the Public Works t Peterson asked whether the City of Minnetonka Beach has agreed to an inch and a half. Gerhardson replied, "I believe that they do not intend to do %ny’'hlng at this point." Mabusth said, "I think they are going to ask for the - overlay. " ’ .. . . . . . . .-- F ’ W - - - - - - - - - - - - ^ ^ That is what JoEllen Hurr indicated the last time. She - 8 - ■ - A j i-.v,:.-'"- V-’, rt'V *'i irr T,m ■*r.'*>«i«'».j ■ f »;'i'3«iV£ ,' i.V'. •' ■■'■;TOs 4 ■• 'Mr'- te':\FMMs Michael P. Gaffron, Asst. Planning & Zoning Adm. Mayor Peterson and City Council Ron Moorser City Administrator fife tSMx SUBJfiCfs February 5, 1992 ^/Ho M'm-- ••V'IP' Mi" ’ ■ : ■ #1661f Samuel McCloud/Big Island Properties/ Harold E. Fames and Patty H. Fames - Big Island Record Lots 16 and 22 - Subdivision of Lot Line Rearrangement - Final Approval Icmilig District: RS, Recreational Seasonal /’■; -,'Vc •' *. • Application - Request for City approval for subdivision to split off lakeshore parcel for recombination with adjacent record lot. List of B.xhibits: V Exhibit A Exhibit B Exhibit C Exhibit D Resolution Survey 6 Letter from McCloud's Attorney 1/28/92 Notice of Planning Commission Action 7/15/91 Memo and Selected Exhibits of 7/9/91 piscossion: Mi - V ; '• '' ? t *■ Ei-'/■ Please review the July 9th memo. Briefly, this subdivision/combination request results in the attachment of adjacent lakeshore parcels to the correct Big Island Record lots to conform with a 1970 torrens action which had never been formally approved by the City nor recognized by the Hennepin County Tax Office. t: ■fe;Mi'i' ■ M'f ..-f p*;*-' /■ tit The subdivision merely splits a long narrow lakeshore strip into two parcels^ and requires combination of these lakeshore parcels with the adjacent Inland lots. Upon completion of the combinations, the property owners will be granted the "Automatic Lot Area Variance" that has been held in abeyance since the 1965 review of this request (at that time# different property owners were involved, one of whom for various reasons did not agree with the combination requirement). The current property owners have all signed the survey, indicating they ail agree to the lot line rearrangement. Planning Cosanisslon Re lation: At their July 15, 1991 meeting# Planning Commission voted 7-0 for approval of the division/combination (lot line rearrangement) subject to the following conditions: t ‘H ]1 ■ ' V'. ’>sfW^::^«Zoning File #1661 February 5, 1992 Page 2 ■ '1^ ’ \ i«? v.' Appropriate legal combinations required. 2. sw rC-- *■ l^' McCloud's Record Lot 22 will be granted an automatic lot area variance upon completion of subdivision and combination. 3. aa-v The Big Island Propertiesr Inc. Record Lot 16 will be granted an automatic lot area variance upon execution of a "special lot combination" request, subject to City approval. (Staff will discuss this with Big Island Properties, however that is a different procedure than this subdivision.) v" ■. Stuff Been—rindation: ^ Staff recommends approval of the proposed subdivision/combination per the attached resolution. te»*opo«d Notion Moved by seconded by to approve ________ for Sam McCloud, Big Island Properties, Inc. and Barold and Patty Fames granting a metes and bounds class 1 Itesolution # aubdivision of lot line rearrangement per the attached resolution. Ayes _____, Nayes _______. is#®** II-V . . . . J- Mf #■ km:.:.. ■ \A ■ . r m..I&m. o,‘ w’-- ■ 'tk t'A'. ■I i-. ■'•viE ■5¥*i<fe- . |l«r'. > W:Kk MXf- mr &■■''' Wh . f>X\. . M X. ■g,^;: ■(rt. iP# X X'" A RB8OL0TION APPROVING A MBTBS AMD BOUNDS CLASS 1 SUBDIVISION OP A LOT LIMB RBARRANGBNEMT FOR SAMUBL A. MCCLOUD, BT AL PILB NO. 1661 WBBRBAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and NBBRBAS, the City Council of the City of Orono (hereinafter "City Council”) has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHBRBAS, the City Council has considered the application for a subdivision by Samuel A. McCloud, Big Island Properties, and Harold E. Fames and Patty H. Fames, (hereinafter "the applicants") of properties legally described as follows: That part of Government Lot 3, Section 22, Township 117, Range 23, Hennepin County, Minnesota lying Southerly of a line described as beginning at a point on the East line of said Government Lot 3 distant 26.00 feet South of the East 1/4 corner of said Section 22, thence Southwesterly deflecting to the right 60 degrees to the shore of Lake Minnetonka and said line there terminating, (hereinafter "the property"); and IfBBRBAS, the applicants have completed all requirements of the City for a metes and bounds class 1 subdivision of a lot line rearrangement. MOW, TBBRBFORB, BB IT RBSOLVBD, that the City Cotmcll of the City of Orono hereby approves the metes and bounds class 1 subdivision of a lot line rearrangement for Samuel A. McCloud, et al. according to the legal description shown on the Certificate of Survey by OeMars, Gabriel Land Surveyors, Inc. dated January 16, 1984, revised February 7, l'i85 and attached to this resolution as Exhibit A, subject to the following conditions: Page 1 of 2 II’: mm I- ■ m ' ’• ^•'■■r ■jkPpilpHm\?:-V 4},1. ‘‘ 'ffrt ‘■* >'£- Pl ;^‘ ^ iitef:i . Parcel A and Parcel C as described on the Certificate of Survey attached to this resolution shall be legally combined for tax purposes and shall be designate^ as Big Island Record Lot No. 22 per Section 10,31 of the Municipal Code, bject to the pertinent ordinances thereof. ^•V II ■: 2. •> Parcel B shall be legally combined for tax purposes with Lots 6, 7 and 6, Morse Island Park, and when combined under a special lot combination with Lot C, Morse Island Park, this property shall be designated as Big Island Record Lot No. 16 per Section 10.31 of the Municipal Code, subject to the pertinent ordinances thereof. i?m 3. fn%im >.kt !k *■ . ■:a- This resolution and the attached Certificate of Survey shall be filed with the Hennepin County Recorder's office on or before August 10, 1992. The approval granted by this Resolution shall expire if the filing has not been completed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota, on this xOth day of February, 1992. ATTESTS M, Hallin, City Clerk ill:STATE OF MINNESOTA ) Barbara A. Peterson, Mayor )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of February , 1992 by Barbara A. Peterson & Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was ex^^cuted on behalf of the City. m Notary Public -y-.-ifi*? Page 2 of 2 m •• • K* ~r„ i.ifci i I Ai iw m-wm11^ ,ATr i*if fe- 1*^ ? A *. li:- II":/ fe'S^y. v;^'r • #••. ■ p: i" 5.1--V;. ®?! f'' r’ &rl'i'-b ^f?v- i -V K'll'-P--- pi ^ Lambert & Boeder JSniEY W. LAMKItt LsBR-BowNEm BKU3iA.BoEDa Ba UARA ZOCLDt .^CY CAftmOBLArnwc Keuuy R. Lo«n Mary F. Laverdurb A ttorneys A t Law 1000 Superior Bouuv ard Wayzata. Minnesota 55?91 (612) 475-343? Telecopier (612) 475 0301 O Cuunsel CcRRiNE D Lynch Thomas A. JtOO James M V evtvra Warrfn V Bigelow ir I II J January 28, 1992 Michael P. Gaffron Assistant Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 :Ari Z 9 1992 Re: Sam McCloud Subdivision of Property Dear Mr. Gaffron: As a follow up to our telephone conversation on Friday, January 24. 1992,1 am forwarding to you the survey for the subject property that has been signed by Sam McCloud and Kelly McCloud, Big Island Properties and Harold E. Fames and Patty H. Fames. As I previously informed you, Victoria Nelson-Ameson transferred her fee interest in part of the property to Mr. Fames. Please notify me of the date and time that this matter will go before the City Council. In addition, I would also appreciate it if you would confirm with me whether or not it will be necessary for me to attend the Council meeting. In our telephone conversation, you mentioned to me that you thought it may not be necessary for me to attend. If you have any questions or nt. further information, please feel free to contact me at any time. Very tmly yours. LAMBERT & BOEDER Caner DeLaittre CD dag Enclosure cc: Sam McCloud ifeiA,.: CITY OF (MtOMO P. O. Box 66 Crystal Bay» MN 473-7357 ZONING PILE #1661 55323 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: 7/16/91 Sannuel A, McCloud Law Office 5101 Highway 55 Minneapolis, MN 55440 COPIES TO:Carter DeLaittre % Lambert & Boeder 1000 Superior Blvd Wayzata, MN 55391 A*?: Big Island Properties % Fred Bruntjen 5353 Gamble Drive, Suite 106 Minneapolis, MN 55416 Victoria Nelson Arneson 3115 Cedar Ave. S. Minneapolis, MN 55407 Gary Gabriel, Surveyor 3030 North Harbor Lane Pl^Tnouth, MN 55441 OF APPLICATION: Subdivision OP iTING: 7/15/91 VOTE: 7 For 0 Against Planning CoHaission reccMnends the following: Approval subject to conditions noted below ■JL MOTES AMD SPECIAL CONDITIONS: Legal combinations required: Parcel "A" (Part of 22-117-23 41 0001) 23-117-23 32 0013 (Lot 9) 23-117-23 32 0014 (Lot 10) 23-117-23 32 0015 (Lot 11) — McCloud Parcel "B” (Part of 22-117-23 41 0001)^ 23-117-23 32 0010 (Lot 6) j- 23-117-23 32 0011 (Lot 7) 23-117-23 32 0012 (Lot 8) - - Bruntjen - Big Island Properties (Please contact Assistant Planning and Zoning JH-X,. Iv Administrator Michae Gaffron at 473-7357 if you wish to discuss this or the City's current designation of your various parcels.) NOTE: Legal combinations to occur after Council approval but prior to City's filing of subdivision approval with the County. '■P-Notice of Planning Commission ActionJuly 16, 1991 Page 2Record Lot 22 (McCloud) to be granted "Automatic Lot Area Variance upon completion of subdivision and combination. Record Lot 16 (Bruntjen/Big Island Properties) may be granted •Automatic Lot Area Variance" upon execution of "Special Lot Combination" - Please call to discuss this. V-M’- Applicant must provide: a* A revised certificate of survey including signature lines for all involved property owners (spouse and all other persons with interest in the property - all signed), the Mayor, City Cler)c and date of final approval (see slcetch attached). Two copies of survey 1" = 200' for City and County records.b. Applicant's next scheduled meeting is dependent upon receipt of additional inforiiation. Deadline for the August 12, 1991 meeting is August 2, 1991 or August 16, 1991 for the August 26, 1991 meeting. If the applicant has trouble obtaining additional information, please 4411;; contact the Zoning Department (473-7357) '<'y;4»v If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Isir Pf. >1 I' -S. (V-TOSfe' Chairman Kelly & Planning Commission Members Mark E. Bernhardson, City Administrator €Fr Michael P. Gaffron, Asst Planning & Zoning Administrator Date July 9, 1991 Si iject: 11661 Samuel McCloud/Big Island Properties/Victoria Nelson Arneson - Subdivision of a Lot Line Rearrangement - Public Hearing Idling District - RS, Recreational Seasonal (Big Island) Application - Request for City approval of subdivision to split off lijcashore parcel for recombination with adjacent record lot. V'-List of Bxhibits - A - Applications (signed by all parties) B - Plat Map • Property Owners List • Survey ■ Staff Letter to Carter DeLaittre 2/19/91 - Documentation Fr. Application #889 (never completed) C D E P p^' Synopsis - iThe history of this subdivision request goes back to the rezoning of Big Island to •RS*' in 1983. After designation of Record Lots by combining of commonly owned parcels. City Planner A1 Olson had discussions with the Nelson family members who owned various parcels within designated Record Lots #16 and 22. This resulted in the tentative commitment that the City would grant two small extraneous lots status as individual record lots, would keep a large back parcel as part of Record Lot 16, and would approve the subdivision of a lakeshore strip for transfer from Record Lot 22 to Record Lot 16 for lakeshore access (to conform with the 1970 torrens action which had never been formally approved by the City nor recognized by the tax of fice)• 1. 7. ' i'"'-- V ■ . .|^.v ■ ■ The Nelson family members proceeded to sell Record Lots 22 and 16, and in 1985 Sam McCloud and Jay Smedberg filed an application for the lakeshore strip subdivision. During the City review process, Smedberg put a hold on the subdivision to investigate his options. The subdivision was never finalized. Smedberg's Record Lot 16 is now owned by Big Island Properties on a contract for deed from Victoria Nelson Arneson, who have both joined Sam McCloud to finalize this subdivision. This gives the City an excellent opportunity to clean up some very old issues. ■■ Pertinent Pacts - 1.The lakeshore strip in question contains approximately .17 acre, of which .12 acre will stay with Record Lot 22, and .05 acre will become a part of Record Lot 16. a. W:m Kiiisa;' :>• ‘m- i. 0h*v.--v fc.. a- ? ifm y^" ’V !f-* P&. mM. «. Zoning File #1661 July 9, 1991 Page 2 of 2 2.Although the plat maps show this total .17 acre strip as a single tax parcelf a 1970 torrens action allowed the split, and subsequent property owners hold deeds to their portion of the strip although McCloud pays taxes on the entire strip. 3.As part of this subdivision request, McCloud requests that Lots 9, 10 and 11, Morse Island Park, and the .12 acre strip be combined into a single tax parcel and be granted the Automatic Lot Area Variance, which would have been afforded this record lot if the subdivision had reached completion in 1985. 4.Although not specifically requested by Big Island Properties, the City would require that the .05 acre strip be combined with Lots 6, 7 and 8, Morse Island Park, and that tax parcel be combined with the large inland tract through a Special Lot Combination Resolution to be filed on the chain of title of both resultant tax parcels, when this is completed, staff would recommend that Record Lot 16 also be granted an automatic lot area variance so that the property will gain the formal buildability rights spelled out in the zoning code. 5.Upon cOTipletion of the above, staff would recommend that the City proceed with an ordinance to revise Section 10.31 to designate new record lots 70 and 71 for the two extraneous parcels and correct any discrepancies and errors in Section 10.31 related to record lot designations. Staff Recomiendation * Staff recommends approval of the proposed subdivision, subject to the appropriate lot combinations occuring. Staff further recommends that upon completion of the above noted combinations, the City should grant "automatic lot area variances" by resolution for both Record Lots 16 and 22. Note that lots 70 and 71 would be considered as substandard, unbuildable record lots per Section 10.31, Subdivision 6 (G), and would not qualify for the automatic lot area variance. Note: Regarding Mr. McCloud's variance request for the deck/wall system, staff met with him on July 2 to discuss a redesign of the structure. That plan should be back to us in time for further review at your August meeting. (Staff recommends you treat this subdivision as a separate issue, and note that we cannot issue building permits for the property until the Subdivision and Lot Area Variance it completed .) r >- 7-0 %r w 3 ^ hp.5.1. n 'a I? 70 ff\I «;■ k:^: *nr> r a *k;I o t (h»A t> ■> o O' ;S:m:>s 3 \/» I «■ B 2i^: A t/i S »cr s ro -.V- Bp-.' r\C7 ■R e»-4R* •«#? ■■■- P^$S:‘ '* lar': . - h;,K: Ki'?•*..; fr,RK P'’ Ir s S;r; w ^ ^B..- R- • '■*. r\ I •t7 7^m t/» § vp'b/ ;- . V> I ®v ;••:- M;. is ■P-. -■ -■ I{ l;» a• r» i: jjS BMV"' \ 1 xtfMN0J.3NH"^ ji? I I‘-» i5 3MXT« \ r •> ..■*•■ (;;■■■: ' r .. To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Moorse % Date: Jeanne A. Mabusth, Building & Zoning Administr^^r ^ ^ *> ^ November 14, 1991 4ft m: Subject: #1700 Dale McCurdy, 4041 North Shore Drive - Variance - Public Hearing FertiBent Ordinances Cf^ 'fe ^ Section 10.22, Subdivision 2> - Hardcover excess exists within 75-250' setback area. 1#:?: ii [itm I|j Hardcover variance approved December 8, 1985 (Resolution #2102), Exhibit J for c detached garage. Hardcover facts were developed by staff for that review. They were as follows: 75-250* setbac)c area = 20,62 5 s.f. Existing hardcover *» 5,907 s.f. or 28.61* •Refer to Exhibits 1(1) i (2). Applicant has submitted the same hardcover facts developed by staff in 1986. Current application proposes = 119 s.f. of structural hardcover to be installed over existing hardcover (patio). No net increase in hardcover. t Ks’;;- Section 10.03, Subdivision 14(c) - Lot coverage allowed = 3,094 s.f. or 15% Existing * 2,180 s.f. or 10.5% Proposed * 2,299 s.f. or 11.4% No lot coverage variance required. rS.;, * ■f;-F te fA- of Exhibits Exhibit A — Exhibit A(l)— Exhibit B — Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H • Exhibit 1(1)— Exhibit 1(2)— Exhibit J - Exhibit K - Exhibit L - Exhibit M - Exhibit N - Application Applicant's Addendum Property Owners List Plat Map Sur^'ey Adjacent Property Owners Acknowledgment Form Survey for Addition 1976 Sewer As Built Hardcover Fact Sheet Prepared by Staff for *86 Application Applicants Hardcover Fact Sheet Resolution #2102 Building Permit #6318/4-6-87 Building Permit Application 1091 Floor Plan for Deck Addition 10-17-91 Sketch-North/Street Elevation &Wm'-. k- P" Zoning File #1700 Hovenber 14, 1991 Page 2 Description of Request r- > Applicant seeks approval of a 7'xl8' second story deck to be installed to the north or street side of the existing residence. The deck will be located over an existing patio resulting in no net increase of hardcover. Improvement will result in a 119 s.f. of additional structural hardcover on the property. Lot coverage with the proposed deck will be at 11.4%. w M-#'- -I ■ -T* 7 Review Exhibit P. Applicant claimed that the deck was originally proposed at the time of the construction of the addition to the west side of the residence in 1976. The patio (Joors were proposed at the second story level. Staff can find no record of the original plans that would show the proposed second story deck. Applicant has been asked to provide a copy of the those plans for oir review. Applicant commenced construction of the second story deck believing that the deck was already covered in the 1976 building permit. Applicant was asked to stop construction and to file for the necessary building petmit. In reviewing the existing property and the hardcover facts submitted for the 1986 review, staff has noted errors in those original calculations involving the 0-75' setback area. In addition, the current hardcover facts do not reflect the driveway in its current configuration that were installed at the time of the construction of the detached garage. Staff has asked that Mr. McCurdy provide updated survey and hardcover facts for the current review. Mr. McCurdy has advised that the updated survey and hardcover review will cost more than the second story deck. Review Exhibit A-1. I'r & Applicant has filed the application submitting the former hardcover facts asking for special consideration as the proposed improvements wil 1 not result in an increase in hardcover within the 75-250' setback area. If it is the intention of the Planning Commission to recommend approval of the application that results in 119 s.f. of additional structural hardcover, your options are as follows: A. ; To recommend approval of second story deck addition and to advise applicant that if other improvements are proposed at some future date, applicant will be responsible for providing an updated survey and hardcover Inventory for the property. ««»r HSS- E;" ’ ^t--' •P'fe Z<>nlng File #1700 Itovember 14, 1991 Page 3 B.To recommend approval of the deck addition only upon receipt of an updated survey and hardcover inventory. tS. l';.In the original 1986 variance application, the approval was conditioned upon applicant providing an access and utility easement over the sewer lines that intersect the property. Review Exhibits G and H. Applicant is asked to advise if an executed access and utility easement has ever been submitted to the City for recording. Staff can confirm the removal of 250 S*f. of landscape hardcover along west side of house. ■eirdehip statement i&m mm-' •1. ■■ i' .. life ■"K?-/ l-fer- - . life ..... mirr I’i V.?, , ^ .*•Ifei, Please view Exhibit A. * i Jv- • % ^r^ X- Zoning File #1700 February 5, 1992 Page 4 Additional Exhibits Exhibit O - Planning Ccmmission Action Notice 1/28/92 Additional COaoDents and Planning CoBonission Recommendation Please review the Planning Commission Minutes of January 21st for ire detail on the review of this application. The Planning Commission advised the applicant that the application was incomplete as an updated survey and hardcover inventory had not been provided with submittals. The earlier discrepancies in the hardcover calculations on the property from the earlier review were discussed. The applicant advised the Planning Commission that the improvements proposed are not located within the 0-75' setback area. Planning Commission noted that there are questions or discrepancies concerning hardcover within the 75-250' setback area where the improvement is located. Members voted unanimously to deny Mr. McCurdy's variance application finding it incomplete and further directed that since this application involves after-the-fact construction, the partially constructed deck be immediately removed and that patio doors be installed with appropriate protective bc.rriers. Mr. McCurdy advised the Planning Commission that he would not continue with this application before the Council and that both partially constructed deck and patio doors shall remain in its present hazardous condition. Staff has advised Mr. McCurdy that all after- the-fact applications must go before the Council (refer to Exhibit 0). Options of Action Available to Council To approve the application as requested by applicant and to not require an updated survey and hardcover inventory until applicant proposes additional improvements c*t a future date or To indefinitely table all action on the variance application until applicant has submitted an updated survey and hardcover inventory and to direct staff to require the immediate removal of the partially constructed deck and to require the installation of temporary protective barriers for existing patio doors. •• ■■ 1..: few..,fev';76-t;rrCriY OP ORONO - VARIANCE APPLICATION n fei Initial Application Fee $175.00 {$50.00 per each additional variance} Slaaewal Variance Fee $10 0.00 (no change from original application) jIfter-the-Fact Fees (Double application fee) flOPSRTY LOCATIOH ClTf OF DRQiiO FlhlAHCE OFFICE 135020000^ 0! S£V 175.00 HECK 71 175,00 RECEIPT-THAKK YOU H227090 C ! ROi 70S: 20/24, i^f iite Address 4»o4" t K/o ----------------- --- r 1 -T'^ —I a AiJo ?fKtLrr oP" ^ u\6-HWooo uAK.^ On ;k .a property IcAentAication Number fp.I.D.) __________________M < -rtf- Phone (home ) - ■4-6^3APPUCABT ^ . '"V Name DAL^ 3^. Phone (work), 412, - ft Pg*. lir: HC‘ n^^r.ss: A-nA-\ ^otL-TH M 0 ONMER (if different than applicant) Phone (home)— 2iD: y.^Name Phone (work) fc:m: N«':' Address:Citv:2io : Date Property Acquired I (do) (do not) also own _ _ _ _ __ (month/year) the adjacent parcels of land. [ fSBSE^ DSE OP PROPERTY Present Zoning District Present Dse of Property Residential Other (specify) DBSCRIPTIOH OF REQOBST Estimated Construction Cost $ ^7^0_ 5gd.Ois)0 Describe request in detail: To CLooi. ir.a k J PAX lO . 7 rJ 0 5To __£AX iS---- 9 F fARZAHCBS RBQUXRBD K- Lot Area V’lO'^T ^TTc/TV^^* hJ£W &■ ri: tft-' SetbacJc Variances ( Other _ _ _ _ _ _ _ ■■ ■_ Lot Width Front Hardcover Side Rear) ,2^ r IBDSHIP P* Describe undue hardship cr pract-cax __ ^ v k*-^ r\^/-\n ffff#*pTPTTnN OF OTOSUAL PROPERTY CONDITIONS . ^ " -Describe unusual properry conditions preventing compliance with zoning f code -T-—-lg^ HAIUP^Wef-.^ fpesg^T «jTat-V f».-ria DpaR- s-^-----alliEiL^ ^ ■QOixm soBMiTTALS (roei~s Pi'^seLoui etjTi/«.e 3 ’'i' A;^icaTiln%or™S^.|T.^ Certified Property Owners Lisf oi^ ^owners within liO iyou must ootain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8>i xll for reproduction). . » . ^ u ^ Topographic survey (existing and proposed elevations, i. any changes in existing grade are proposed (provide one copy 8i; xll ). Sketches or plans of floor & elevation v.ews (provice 1 copy 8^ xia_ ). As an addendum to this application, please attach a separate lis any other persons you wish notified of this application. Additional items as may be requested by City staff. !• Applicant and Property Owner must sign this tmeiabar that vour variance application is not—complex—if- - - - - --- - Ltion has not been included. «“rr,^ i^review of thir^pplication, and certifies that the informati ,Hpplied is true and correct to the best of his/her knowledge. aff ses on j^jplicant's Signature § ts SI6MAT0RB Date Ax/a^ fha owner hereby ackowledges and agrees to this ff i-estiga- |ion and verification of this request. ^ Date ___—|imer*8 Signature pplicant must have all submittals into the City offices 25 days before the Knning Commission Meeting. Planning Commission Meetings are held on the ihird Monday of each month. Applicants must be present at all iT:: :::^L:’^T.TunTinT ffice of this change prior to the meeting. & Zoning 9 k PAL-e. Atq 4 “ t ir .1 .1 sJo^kTH: W/ _C^_oS_T.. 'TO SiJ I L_D TH I S # _7 e 0 cz^o^ \ -■" 1 - i ISO 0 M^TE,A-»A1- (^Mo l_A6.0<- ....... ...AH . e>0 ' ^C> I »j o* VJ vT tA -h or My us»fsi'^ . _______ TO HOU^e^ Tb „M A“^'G.|2- i A u 0 f- V Cr > NJ A i—^ R~B - d E<^K« <^OM0i» iO/J __ _n5 OitLOiOo \/A Cl A n ?C-£u # . looo foss ic>u-^ (^iH W 3\^/C\/E1V p7'te'- ^ >oO MlihJiMUM UOST ^o(L\fL T\(^^ “TO t-A T vv/ 4T VA 0 HO__P o f ,U.^______ KsS?, m- W- r;: r. i^,A Nie.w ^ja.'je.'<' >5 ie.e.i> \ wii-u Js/_0T^..puR.S'^e T>\e. C-otOSTR-v^cTiorJ. oF TH.tS B6'<o<'JO TH£ MnVeM&BP' l6y P t_ A >«J iJ I hJ C^, __ C- O.M M . M £ E. T' I n / </". •» '■ 'ft';.- V^-V-';i i-l 'i •'.- i -- V , 7T------------ ■ «• I - If ^ if;.>.,. 5 ‘P^&vV=CBRTIPICATB OF MAILINGpi STATE OP MINNESOTA )P iSOOlITT OP HENNEPIN ) ss. CITY OF ORONO ) gr > ¥■1, Jamie Bosmar of the City of Orono, Hennepin County, Minnesota, do hereby certify that a renotificaticn of a Public Bearing concerning the matter of #1700, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 7th day of January, 1992. si ^... alttRi'* V.. ifi Bic Wi-••• ■& -?afe''m" liiSr- ■ V ci*’-. *“• iiSSKi mm-- ’Srs;?'■;, -'v- .1 H> V . ;-:?v;fi^.'..' t .. = '>• V.* . .• •« V ■ « t ,;«. o3 -7B m *o m > »\ < > » m z O D 99 > O O 2 »s m o o X s r* HD GO OD U> CJ 0 1 Iro u> CO CO o o oo 8^ pV'; mh. i-}' fv’ .-■ J;^'/ ■ ■ »-r4«4/Jv'V* —• B.'"vnfA:.:' ■ •'^ . . •; ; W . 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Vi ■ >i •* ^ i j ;i 1•i ■^1 y lUHi XJ Plat of Surrey for I^lc J. t'cCurd;.' in Lota 7, S, and 9, r’ijrhuccd Lako Minnetonka Ksnnepin County, Minnesota >4 ’.J I Certificate of Sur/ay: I hereby cortify that this is a true and correct repre sentation of a stirrey of the boundaries of Lots 7 and 8, ar»d that part of the Eaatarlor 11 feet of Lot 9 lying Northerly of a line described as follows: Coa- mencicg at the intersection of the Westerly line of said Easterly 11 feet with the Northerly line of said Lot 9j thence Southerly along said Westerly line a distance of 157.25 feet to. the point of beginning of the line being described; thence deflecting left to a point on the East line of said Lot 9 distant 217.3 feet Southerly from the North east corner of said Lot 9, and there ending, Highwood Lake Minne tonka, and of the location of akll buildings thereon, and all visible encroachments, if any, from or on said lond. For pxirposes of this survey, the waterline as of 10-3.4-75 has been assumed to be the Southerly line of sold lots • • 1" = 40' 10-1Z^75 Iron carker found Iron Barker set Cordon R. Coffin Rog. 6064 Land Surveyor and Planner Long Lake, Minnesota §li*hf.:r:: ■’ i. ■ 'v Adjacent Property Owners' Acicnowledgeaent Form X (w„ -rHM TKeo6ft_q of [print name{s)] ii ^ .or the proccsed irnorovemenr or proposed use of the Hav« reviewed the ^ . <uorE OC. also referred to as Lana Use property located at „4<?4-1 tJ. ^Implication No *5r^ j -In pvecu-*nq this acknowledgement, I (we) amI (we) understand that exe of the property or use («•) not asked to declare approval ^ aware of bttt aarely to tLt'the orooosed neighbor ’s projecr or use the iaprovement plans and that tne p . tec^res Council approval. / / Date c of ^‘=ri f-P. ,.,— ■ ■ ----^^ [print aadressi [print name(s) ] . nrnnosed improvement or proposed use of the oV^lso referred to as Land Use Application No n u e-« this acknowledgement, I (we) am I (we) understand that in p^oval of the property or use (are) not asked to ^.y council that I (we) am (are) aware of but merely to confirm I oroposed neighbor's project or use the improvement plans and that the P" ^ ^ ^tl. 2?^ requires Council approval. ^ * Property Owner Property owner Date « you have any y”r"=o^tn«'" o "?b/ scheduxed meeting dare. a t 'r^ V’mv I ■■) I'i' ■ in Lots 7, ; L, Plat of Surrey for Dale J. McCurdy 8 and 9, Highwood Lake Minnetonka HerJiepin County, Minnesota 1" = 40’ 10-15 Iron carker found Iron icarker set Certificate of Survey: I hereby certify that this is a true and correct repre sentation of a stirrey of the boundaries of lots 7 and 8, and that part of the Easterly 11 feet of Lot 9 Kortherlj' of a line described as followsi Coo- mancing at ths intersection of the Westerly line of said Easterly 11 feet with the northerly line of said Lot 9; thence Southerly along said Westerly line a distance of 157.25 feet to the point of beginning of the line being described; thence deflecting left to a point on the East iir,e of said Lot 9 distant 217.3 feet Southerly froa the North east corner of said Lot 9, and there ending, Highwood Lake Minne tonka, and of the location of all buildings thereon, and all visible encroachments, if any, fron or on said land. For purposes of this survey , the waterline as of 10 —14** 5 has been assumed to be the Southerly line of said lots Cordon R. Coffin Reg. 6064 Land Surveyor and Planner Long Lake, Minnesota iii^> ■. orr^o cnr>a:r^jccrn 9 ^4^ H sr o zr (9 o o via rocxvia r^a-nrp tao«^<X(/>^Zroa.rO*n o*io«iann» <»aL^ncxv»onyiacnc>’^n-^-ir^cr ^ rv VI c O lO - !-►<< r^v< — *< ar*-*c r^oi a a* sr -i I nmKOW^f^ozTXZ^tPOKAf^n Tjaa 10 Okm m isiovio»« o*i*i ^ffrVQt Viat9vi7f^9^iv-«ii0r» poa*«-rmaeaa vi^ ii ni^oar^l- Onr>*-^rif®-n ^ nvits ooa**—•-‘a-avc » or^ • 0<0CL*if«aaa*r^ ar^ aa^ tiv a i»mn»ivr«> n n r»ir*#®a: r* rr % 1 * N% 1 «•»cs* N.<4 •ko . ^ • U %■* • _ t * •• * F4 •' ‘‘^•l*'X' -‘*'» 't =*’ ,; Vif,> I.. I ’ ''i* ; LEVFI lo ,- •••• .^ V-'"’s' V13' ■ .-^ ' iwi" ,f=.-^^^;,A *. jp ._ SJfi's:';;- Ot./ bardcgvbr rbvibh 4041 North Shore Drive IfS': I"-'; ■ 0-?i* t No exi»'*‘ing hardcover No prop%/»ed hardcover »tM50': Lot Area - 20»625 s.f. . fe? Existing Hardcover -^0km ^il&.feftp'v aa«a * w w V V «»House (16x27 )•♦•( 18x28) + (6x22 ) West Sidewalk (2x30) Driveway^30x60 )•►{22x14) + (95x10 ) + (20X25/Z) Garage <14x20 East Sidewalk (3x60 )•♦•( 5x7 ) (Assusies removal of plastic under west side yard area - 250 s.f. +/-) 1,068 s.f 60 s.f 144 S.f - 2,308 s.f 280 s.f 715 s.f -j^V. Existing ■ 24,6% Proposed Garage 5,075 s.f 832 s.f TOTAL PROPOSED 5,907/20,625 - 28.6% Proposed 5,907 s.f PP V-- $imM. iv"‘' P ^4-'- ■ M’ 'i- ^v Hi P, ... •.v^- .■ ' ■ ■' -iv y - •V - r- 'M.' :‘ . ■■ '■*1 •■ ^ -i . V II; C'iS'- P" HARDCOVER uLCL'LATIOM ;fjRKSHEE1 5cT3Ac:< ZONE: (CIRCLE cne ) 0-7:' Existing H ardcover in Zone (i 4 >t 2."t) tG0 X 2 ej !c ______!__ __X ---------------------- LENGTH WIDTH ^ W 'w « w A. Hous \o^ 2> _ X ;<J ; ^7 • 0: #' ■|7 F. Landscape AREAS underlain PLASTIC SHEETING I X‘-' ■P . •*- 6. Other ‘w ^ S. r. S t r • S.F. - • X a S.F. m:-' ■ - tk 4 ^e. OA«.AO&Zio X 3Z-832^S • r* • n. I^ASAr^P 14-X Z 0 ZMO S.F. : v<'(' /•_ rior VPWAY X 14*3 +3 50 ft S.F. wm ' ■>•?■‘:^'' X s S.F. ^ we^n Sidewalk z X 3o 6 O S.F. ;&"v:e.AST’3 X ^ o =1 Bo S.F. * «“ “J ■ • • • . K'V V ' ^ ' t' ^ e.AS'r X 35 S.F. .t|:' :.f‘K 't/'- E. Patio/ Ffe9^IT C\?»«K.^6T&X (X.14-4-S.F. S.F. S.F. S.F. V # • _ S.F. S.F. ^ ^ 0*7 S.F. 2.0.6 2, g. S.F. 73>. =^t= ) [mA c::; ■IP V o O B ■ Total H ardcover in Zone Total Property Area in Zone T\ ■rfT]20^A2g X 100 » ZS.(^----'% rsfo kJ^W VA /\fLD OOv /^^ ^ MO\/. |2L^ \/A(^vArs/C^ t,-./’ :.•■?*-.*.>' .-i^ »?■;' *.-■• '*’< ,<?..:■,•* «» 1 <* • *.V. ^ . *" • %> * •i> rv,~^5W-S City of ORO^O RCSOLUTION Of THE CITY COUNCIL NO. -------------- ,1 ffl::Mi r ? ' w I' • » « ***** I* S' & -;\. ,v..-‘ » MSMJOWOW CBWmiW MiaicilHS^MmecoDB'''.," mmovnaicm 2 . «a l^*lly a.-«rlb^ .. Jollc... bet* 7 •"^^*'/"?,*i**j\,5,*4i,crib«5 •»*follws\^ ct«m«ncing at lying Bortlinrly of • linn dnncrinja Ea.tarly 11 foot s:h"?Br:«tJ2;iy iiVi.v.n«*oJ*»?:2S'‘?«?is “ti:rjJt:i";i a point on tho ^fw^.-gT «.a-n*r of aaid Lot 9# and thoro S3!!:"\^,^”ol*2.t"?'iXi:o*:on2;r".«n'op ’i« Co»nty. Hlnn..ot. (Iioroinnftor *tho proporty*)> nnd ......^ gm KSi:o:*r*in “t3:T,'4is? iVK:.t*.^v;3*tS.«o i« ..c... o* th.»» Imrdeovor iladt mmuilly allowod. V Minnoaotni ■ON, TnasroiiBg it rbsolvbd by tho city council ot oroTiO, raDXSGS u ■ y'»-. rt."’ I •<4aa ’ • I • ^ ' *• >' **' ^ ‘ 1. Thio application waa roviowod aa toning Pile #1088. 2. Tho ppopopty io located in tho LR-IB Singlo Family LaJeeahoro Rooidontiol toning Oiatrict. 3. Tho Orono Planning Commiaalon revlowod this Mooombor 17, 1986, and roconnondod approval of the propo VMiMM boa;d upon the fol loving findings A) The atoep alopea on the propnrtylocate a dotachod garage olaevhoro on tho property. Hi M|h aviatino l*car detaciod garage ia partially within the right-of-way of Nc ch Shsre Drive. ^**^*9*^“9« cannot foZaibly bo expanded but ia k^eceaaary for winter vehicle parking when the driveway la Impa Page 1 of 4 ^ •» t S t 4 r ■ i ^ f* 4 j a •** -.1 To a • V . •3iy 4 •' W5 4V-,. U • t % . o • >! -* . •■ . .; ft-44 * n ‘ s w & [e !✓ I'.•4 i. r-^V^,; ;v *» n 't. '':r^•:in^J'^ VORONO'i •* . ; ‘ CityofORONO flf^i iiTimy OF THE CITY COUNCIL NO. -------------- Enutin, -UKiclp.! •««r “rM *^•. . •__ _ _ _— m Am^mr^HrnS OATMQBm > *. • • Ou* to tho stoop slope up to tno ;it^isl llcotion. for s dot.chod garage. Y> 0 --1%. • ^ w, *• • • a ;; Vi ^ Tr *' ' m hM roadway and tho lleltod.. provide a backup apron;i2i;‘.Ji%‘:."s:-.rtS:t:r/hrcr/. ior«.rc up th. .» '■< •-v. * ,-t ,, -i4o>/r^U^:r?.tr.nS »««.. .^,. 5 The City Council finds that tho conditions SS2. . «r. m2* rd o’i other <J«n,et to n.l,hborin, ptoporty. ^Id FS •■’ f COaCLOSXOHSp OrOER JhMD COBDITICBS V ... ». o.- *• . '''*• . ■5'" V V r•u* * • % »i Mood upon th. .bOV4 L...-U.,.. th. 0T»~ «*»,?“““ i;ls“ ■ * f el loving conditions t H 4w. -% •. ^ .,' • -Oi!W «•* .* •/ . • ~ V 4>^'- y V. 1. Applicant shall remove tho approximately 250 "/J* J shoet^ vest of the house. Hardcover a 1 loved on the property is as follows I s 0-75' Lakeshore Setback Zonet None 75-250* Lakeshore Setback Z'jnet ^4 ‘■’ t :• i. r' rS* Bouse west Sidewalk Front Patio Driveway Bxiating Garage Cast Sidewalk Proposed Garage lp068 s.f. 60 s.f. 144 s.f. 3p308 s.f. 280 s.f. 215 s.f. 832 s.f. S ’ • •> f . • * T ♦ '• .tV"’.''.T, ^ * ■ ■ •' 5p907 s.f. or 28.6« Page 2 of 4 t ‘-1. »- *J‘> a •* t ^ *% .* •..' ■■'•I- L -. ,• ■?• ? pv ! >5u: > w-____. id Cityof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2102 _____ ,'fv- * \ ' * '^.;*'>. ;'i'‘4-4^1 •- # • -f ^j-* "* * **" < proposals resulting in -■• - - rv^ !fn^«i«hts«be fapproeed ,only with'concurrent reeovols of existing ^**hardeo¥er^resultlng ‘in.no -net"hardcover Increase. ,i!>^-j^i:W-. .*.. '•. ; *i ^ ...I-n#l -»» /« ' ^•J ' . #•• • .J, e « S’?? ••'• '' - -2. Applicant shall grant the appropriate utility and access easeaents for existing sewer lines on the property. 3. The existing l-car gsrage located partially within the right- of-way of North Shore Drive Is a non-confonslng atructure and la subject to the pertinent ordinances governing such structures. 4. Authorities granted by this variance run with the property not with the applicant! but are peralsslve only and aust be exercised by application for a building peralt within one year of the date of Council approval* or thla variance will expire on that date (December 8, 1987). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the seeing code* shall automatically terminate any authority grantM herein* and shall be punishable aa a mladeaeanor.f.-'- . * 8. The undersigned applicant haa read* understood and hereby agrees to the terms of this resolution and on behalf of himself* his heirs* successors and assigns* hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of December* 1988. ATTBiTt '. • . .>. • /1. . . Mary C. ^tler* Hayor\ .* .jr 'JV''.' 'f .- '.‘.fcV.rl'v*A..A'..r Page 3 of 4 « •« •«^ * fBufldmg PermitMil_________ ^ i^ANO APnJCATION FOR CERTIFICATE OF OCCUPANCY ________ PERMIT NO 6318' DATE ISSUED kg BOX •e.CRVaTAL bay . MN SM23 473 T357 y « , _ ______ un^l Ay vS ^nrcf^Ty^ SiTf AOOAE3S, /_ f - /i''7^ j/*7 eROPtHTY lOiNTiriCATION NO leioi 0^ bS-1 itl.-------2------- tOT____________BtOCK_______________ SUBDIVISION ____________ (AddfMN I (Pf*oo«» 20NIN0 DISTRICT JkSJnmnmouMmwmti HisiBn ’3^ ggijp(MI i^U :Tfktm T.r ACCESS OwsTiSir> r^AAPliOV. UAIT emr OOUNTV •TATI MMVATt EASEMENT SWHlTfCr/CNOlNECA - .. .. infifii ; .. .LiAeer^ . '-AS- ■Ah- •»'W > r\ *»T{ - . • t \ y . • - ** lPhoo#> tUltOCA lAMfOStl T^A dJl /^yg5// ' or WQAK Addtitcii * R^mod^i <■ OCCUPANCV CLASSlEICAriON DWELL UNITS OAR STALLS ATT. GET. STORIES B number or BEDROOMS SEPTIC APP date PROPOSED USE 4i> lARRS; Eltimatod Cooitrjction VaiuBtion -V) PERMIT FEES BLDO. PERMIT STATE FEE plan review SAC CHARGE SEWER UNIT PARK FEE penalty other IOTA I DUE u •RI laiitT TPiicft ngj BEFORE »AMiwft Iicrr f^r iM MPl' I RfOUtREO O*..v..P0onNa O • • • • • • □ .^...•BMULAtlON Q•• ••• D..:...nNAL a..... CTtON WILL BE SUP iter to PENALTY. jWSPtCnOMB Mim be called -in ^„mNOUNBM< .^n Lmji——i\;=cow wiwB wnfe WORK REQUIRING SEPARATE PERMITS PiilMBIMO.............................□ MECHANICAL. .......................□ WfU.....................................□ uwno,.........................□ atmii.................................... □ WATER.....................................n QRAOINOEPILLtNO...............□ BMK* -................ ..........................□ ACKNOWLEDGEMENT TMC UHOCRSKlMtO HCRfBT REOUCSTS PERMISSION TO MAKE THE REAL improvements SPEOflEO AND DECLARES UNDER penalty or LAN ACANOWIEOOEMENT AND ACCEPT ANCE or ALL INTORMATION conditions ANO require - MENTS represented ON THIS DOCUMENT THE UNOER- SKINCO ruRTHER AQREES TO OO AtL WORK IN 8TR k :T COM PLIANCE WITH ALL avr or ORONO ORDINANCES AND STATE or MlNNCSOTri^tfVNO CODE.RfjJ^REMf NTS ^^7 Qfitcii-ritiANCt OOtP*iltCt»^ Lr ( J: i. 5^'t 'Vi • ir V ■K i ».■ ■■RPRiMllil ilpfr»-1 F«e: $.CITY O? ORONO - BUILDING PERMIT APPLICATIONDa~e Received: mM By:Pemit *: &•: 9 IBMATIOH MUST BE SUBMITTED IN FULL BEFORE PLAN REVIEW WILL BE STARTED (See Check-off List Enclosed) P JtfPLICABT IS (circle one) O^VNER or<$ONTRACTORl> iii SXSB ADDRESS s 4o4I k\r>^Vk Skcrg^ T>r.ZIP: fe..v ^(work)47;^-g^4£ ONSER \ g - o r ^ ADDRESS:40 N\o^~VW\ CITY Dr PHONE: (home ) A iZ^cjaSB?- wi c u» ^ ZIP: PHONE: AlA-llW ltl6 ADDRESS: (o^^O S^C-Ufcr C«rc^<- CITY: cr--------ZIP : 5 TRACTOR: fAK-jrAy sn or WORE: New Demo if" Addition Move Remodel/Alteration Accessory Structure____ Renovate Land Alteration \<0 _______ flblNliSD WORE (describe in detail): TV.-7 KJ9b [TORIES:SQ. FEET OF EACH FLOOR: ro. f,. BEDROOMS:garage stalls : ATT.DET. iTZEATED COMSTROCnOH VALUATION {excluding land) : 7^0 hereby apply for a building permit and I acknowledge that the complete and accurate; that the work will be in dinmnces and codes of the City and with the State Building C°<3e; that I d«rstand this is not a permit and work is not to start withou a pe at the work will be in accordance with the approved plan. DATE: ■'-i'-V- r . •41.' :<■ .'■ ■. i ■PA !-£- Mc-C,'J«-t>V•4-04-' uo^-th SHo(2_e- t>p-iv/e.|u>/ > / ^ < ♦M ■'V'r- ^>C„.V ^g,o/OT' do/0<s^E::~\££ PA^TtO, i- -th »5 wA s _._P aof ^ oA-^<^>nau ■A: mi WrtEsJ-AOOiT'OtvJ W P\ °\~1 L- 1 - WAS .iOeve<^_-f'-'P ......g.^iuoeft._,irVi.A^ Wo_^<^ _)(sL l‘=nC i5 fJo tAJ P UTT J ^J Cl-. ITT_'-'J>J.O k'--. ■ • I 'itm- Aucm or OROMOp. O. Box €6 CEpstaX Bay, 473-7357 ZONING FILE #1700MB 55323 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: 01/28/92 TOs Mr. & Mrs. Dale J 4041 North Shore Mound, Mn 55364 . McCurdy Drive COPIES TO: TTPB OP APPLICATION:Variance k-'VV j.'.' i DATB OP !TZNGs 01/21/92 VOTE: 6 For 0 Against wing GoMBlasiofi 111 r—miln the following: Denial for reasons noted below } 8PBCIAL OOHDITIOHS:l- Mons An ■*' A**- V’-J , The Planning Commission voted to deny your request for a building f^armit to complete construction of a second story deck within the street yard of your property requiring hardcover variance approvals within the 75- 250* setback area. Planning Commission specifically noted that an updated survey had not been provided and that because a survey had not been provided they were unable to act on the current request. ^4 :v-- Although, Mr. McCurdy, you have noted that you would not bring this upplication before the Council, staff must present the current variance review for Council's consideration as this matter involves after-the-fact construction. You noted at the meeting that you would leave the partial oonstruciton as is and the patio doors, originally constructed in the 1970*8, shall remain without a protective barrier. m%~:ru'ft" The application will be scheduled before the Council at their February 10, 1992 meeting; meeting starts at 7:00 p.m. 0% Please contact my office if you have any further questions concerning this review. it/ s’':- m Ipf1/Is. lav I y ri,. ■ ■ pi' 'r> • V ! < mr tetft,.:i^"-i~^.:u' i ' ■5:- - Pf i;ff.if te- llif/ IlfP'v pP f ter pi. life if||4 P"fS( V1^*- > ki4' im vm- -m .t ifi- w ■# - W ■ * W ' 0#.' |ft;m-ji= 1ft KlftW0&. mm^ Vos Chairman Kelley and Planning Commission Memb^s Mayor Peterson and City Council Ron Moorse, City Administrator 7 Fr Data: Jeanne A. Mabusth, Building & January 15, 1992 Qa \#1704 C. Arnold Carlson/Darlow Madge, 855/875 Forest Armc Lane - Conditional Use Permit/Variance ~ Continuation Public Hearing Zoning Admii^st^t^or / ’ ^Sa. ’>fQ 'A Subjects Scniiig Districts LR-IB Psrtinsiit Ordinances 1.Section 10.03, Subd. 19 - A conditional use permit is required for land alterations involving changes of grade within the shoreline of lakeshore property and for major alterationc of a public drainageway. 2.Section 10.55, Subd. 8 - All land alterations within the lakeshore protected area are specifically prohibited. Applicant proposes alterations to a drainage ditch located within the 0-75' setback area. The alterations involve the placement of riprap in the channel located within the 0-75' setback area. List of Exhibits A - Application B - Property Owners List/Certificate of Mailing C - Plat Map D - Adjacent Property Owners Acknowledgement E - Hardcover Pact Sheets P - Map of Properties Located Along Forest Arms Channel G - Cook Report H - Survey of 855 & 875 Forest Arms Lane I - Existing/Proposed Site Plan for 875 Forest Arms Lane J - Drainage Easement Detail/Spec Sheet/Planting Schedule K - Topographic Survey of Drainage Easement by Mark Gronberg 10/30/91 Review of Application The Forest Arms plat was approved and filed in March of 1970. The drainage easement shown in the various exhibits was created at the time of the platting. This drainageway takes the majority of run-off that collects at the lowest point of the road and along the east side of plat via a catch basin at the eajt side of Forest Arms Lane via a culvert under road ditch to Forest Armc Channel. Review Exhibit K. The City created the easement but failed to make the developer responsible for installing appropriate controls or facilities to maintain drainage. Mr. Carlson has resided at his residence for some 10 years. He h '• - ■ iS:r :- .»• fr (. ' ■- ;.■,’ iV, • ■ rK.-.*'i J».-, [I- ’?A-> '' ■’- ;. ■ - »■ ‘-^< .>■ . <r'^!', ■ nrVi^'/. i, l’’'.v’'-.i '■•r H- 'I?' ■t'i rt.\ r. r - ‘U'" t\-> ’I- ,,iV; Zoning Application #1704 January 15, 1992 Page 2 advised that prior to the construction of the new residence currently owned by Mr. Madge, there appeared to be erosion problems but they were minor based on the gentler slopes adjacent to the immediate sp. llway from the road- with the construction of the residence, major changes were made in the area of the drainageway resulting in severe erosion whenever it rained. Both owners report the velocity of run-off is intense during an average to major rainfall. Mr. Madge contacted the City seeking assistance in an attempt to resolve the erosion problems and ^ s advised that if the City was to make any improvements to the Oi.ainage swale that it ./ould involve a storm sewer improveme’^t project. Mr. Madge was then advised that he could make the necessary drainage improvements as long as they met the City's standards. Mr. Madge proceeded with a riprapping project involving filter fabric and large rocks that were soon washed down into the channel after the first few heavy storms of last year. Mr. Madge's contractor returned to try again and now installei riprap with grout that extended approximately 100' from the culvert on the west side of Forest Arms Lane. This facility appears to be withstanding the heavy velocities of run-off. Unfortunately, this was not a method approved nor recommended by the City staff. The Zoning staff met with Mr. Madge and he advised that he wanted to proceed with the comprehensive improvement of the channel area because erosion was still playing havoc with the remainder of the drainageway. Mr. Madge has filed a comprehensive application with his immediate neighbor, Mr. Carlson, that will Involve the complete improvement of the drainageway. The current plan requests that the current riprap grout area be allowed to remain and that the remainder of the channel be altered to an 8' width at a 2* depth with riprap and filter fabric to be placed along the center portion carrying the majority of run-cff. Review Glenn Cook's report. Exhibit G, for his review comments and recommendation. Cook recommends the following: 1.Channel or drainageway should be constructed with Class 2 riprap (MnDot 3601) and filter fabric. 2.Work shall be completed in accordance with MnDot's Specification 2511. 3.Riprap shall not be grouted because of the potential for movement and increase in hardcover wi-hin the lakeshore protected area. 4.Silt fence will be required between the lakeshore and construe ion area until vegetation is re-established. 5". ■ ■ >»: •te>::.. #: : :■■ ■ ■ ■ ' ■ f-: ^Uf:";-, Zoning Application #1704 January 15r 1992 Paga 3 »iSi' The applicant has filed the necessary ^ermit application with the Minnehaha Creek Watershed Oistrict. Prior to the City issuing a land alteration permit to complete the projectr the City must be in receipt of the permit from the Watershed District. Bardshlp Statement Please review the application, noted as follows: Exhibit A. Hardships are fs Iw i! 4 S.K': I'f: ' lit. !;Wi' rf. m .i>rt ftit W- m ■m rU -; V*'vp ‘ . r ‘K' ♦> ■ '‘ih .> ' 1, There were never any plans or improvements made to the drainage channel at the time the formal drainaye easement was created with the approval of the plat in 1970. 2.Current drainageway cannot handle large rainfalls causing flooding in the back yards. 3.Dead trees pose a hazard in windstorms and create hours of clean-up after 15 m.p.h. winds. As the drainage improvement already installed by Mr. Madge involves hardcover, the applicant was asked to provide a hardcover inventory of the property. Staff has briefly reviewed those hardcover facts and notes that the hardcover areas have been designated appropriately but staff cannot confirm upon a site inspection whether all hardcover has been designated because of snow cover. Hardcover is reported as follows: 0-75' setback area “ 5.93% (this may be area of riprap) 75-250' setback area «= 4.66% 250-500* setback area ~ 33.64% There is a 20' wide utility easement that intersects the lakeshore yards of the subject properties. The easement is not a sewer easement as the sewer lines are located within Forest Arms Lane. The City must ask for documentation confirming that the appropriate utility company or agency has been advised of the proposed land alterations and that said land alterations will have no impact. Options of Action If application is to be denied, please refer to the necessary findings in the variance and conditional use permit sections of yo:ir code. If denial includes the removal of riprap/grout area adjacent to roadway, please provide a suggested deadline date for the removal of the facility. OR fgi' I* Sf-' ■ i""' .-» • • !?:• . V • Zoning Application #1704 January 15r 1992 Page 4 If approved, your approval must contain the follo^^ing conditions : 1. Permit from the MCWD. 2.All conditions noted by engineer in his report and as noted above. 3.Written confirmation that appropriate utility compony/agent has reviewed plans and approves the proposed land alteration. 4, Any others deemed appropriate by Planning Commission February 5, 1992 Additional Caements emd Planning ComBission Rec lendation Darlow Madge, the applicant with most at stake in this comprehensive review, was not present. Mr. Carlson asked that the Planning Commission proceed with the review. Staff has contacted Mr. Madge and he advised that both he and his consultant would bf* present before the Council to respond to any questions members may have concerning both phases of the comprehensive application. The after-the-fact phase of the conditional use permit variance app3ication involves a dra ’nage improvement installed without appropriate City approvals involving riprapping and grouting of drainage swale extending 100* from the culvert adjacent to the Forest Arms Lane. The second phase involves the realignment of the drainageway along the shared lot line as current drainage ditch meanders and overflows into lakeshore yards. The drainageway shall be redefined within a gentle sloped drainage swale that can be easily maintained with riprap placed along the base. Portions of the drainage improvement will be located within the lakeshore protected area requiring variance approval. The Planning Commission unanimously approved the comprehensive application based on the findings set forth in applicant's addendum and in the memo noted above and subject to the conditions in the Engineer's report and those to be developed in the Minnehaha Creek Watershed District permit. Isv Wv,W i. A R^OLL' lOl? GRANTING A VARIAHC'R TO NUMICIPAL 'ZONING CODE SECTION 10.55, GUBDIVTSICN 8, AND GRANTING A COND ^ 'J*'- PEI MIT PER SECTION 10. * , tSI^ 19 Fi;j #’ ‘ ’ HnnRiCAS C Arnold .-i ’ -'On and Darlow Madg© (hereinafter "the applicants"; ar • v,e owners of the properties located at 855 amd 875 Forest Arms L.ae within the City of Orono (hereinafter "C. ty") and legally described as follows; Lots 5 >d 6, Block 2, Forest Arms, Hennepin County, Minnesota (hereinafter "the property"); and WHEREASr the applicants have made application to the City o^ Oronc seeking approval of a conditional use permit per Section 10.03, Subdivision 19 for land alterations in excess of 100 cubic yards located within a 20* drainage easement and a variance per Section 10.55, Subdivision 8 as these improvements involve land alterations within the lakeshore protected area where no such improvements are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1704. 2. The property is located in the LR~1B Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on January 21, 1992 and recommended approval of the proposed land alteration granting a conditional use permit and varian’e as noted above, based on the following findings; A.There were no improvements ncr plans to alter the drainage channel at the time the drainage easement was created with the approval of the Forest Arms plat in 1970. P? ge 1 of 5 %r &<■ . t*- I I® ¥'■ [< • r ■r*'f»*V ■* y--' f" fi ' '■•■■b-:A I %HP:'te Ml .:. W -W- i'v'.n*’ # i'- #:# if 6. [ii ■ P’*; >: .'■;.v. B. The current drainageway cannot handle large rainfalls causing flooding in the lakeshore yards. C. The drainage d^tch bank as it exists today sustains serious erosion. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a subct«.ntial prope.rty right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code amd CcMnprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow land alterations within a public drainageway and the lakeshore protected area will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pcse a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and abjectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff an comments of the applicant and the affect of the proposed use on the health, safety and welfare of the community. CONCLUSIONSr ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8, and grants a conditional use permit per Section 10.03, Subdivision 19, to pcimit the alteration of a public drainageway, subject to the following conditions: Pag'^ 2 of 5 1. :*■' m" lu.. i... 2. 3. 4. 5. 6. Applicants shall obtain a permit from tho Minnehaha Creek Watershed District before the City can issue a grading permit for the proposed land alteration. The City Engineer, Glenn Cook, in hi*? report dated January 14, 1992 asks for the following additions or amendments to the proposed plan: A. Narrow drainageway shall be constructed with Class 2 riprap (MnDot 3601) and filter fabric. B. Work shall be completed in accordance with MnDot's specification 2511. C. Riprap shall not be grouted because of potential for movement and increase in hardcover within the lakeshore protected area. D. Silt fence will be required between the lakeshore and construction area until vegetation is reestablished. Written confirmation from appropriate utility company/agent approving the proposed land alteration. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a grading permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (February 10, 1993). Violation of or non-compliance with any of the terms and conditions of this resolutio.n shall constitute a violation of tne zoning code, shall automatically terminate any authority granted harein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 .•»■•* .1, ■}i --■ i'iti 'ft- •‘•-!.'* *'-.'^'f^y *->V m'' PPi'*’mx>HpIte '■»^'................ ’‘5%- f'l ‘ i lit:few, STATE OP MINNESOTA IMTY OP HENNEPIN ) 88 On this _ bnfors me appeared day of 199 Notary Public within and for said county, personally known to me to be the person(s) described in and who executed the fora^oing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN }ss. ) On this _ before me appeared day of __________________________» ^99 a Notary Public within and for said county, personally known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 ^iv, J rf CITY OF ORONO - VARIANCE APPLICATION y\\ / ^"i$50^0o'’pe^eacradditional variance) "*?:riJnS “rro/rri^inai°appUcation, Mter-the-Pact Fees (Double application fee^ #1 w ,f>Li • u property location KSlte 875 Forest AniB lane------------------------------------ property Identification Number (P.I.D.) - - CITY Of ORDNQ FIRARCE OFFICE 1350200000 01 QEH 175.0C CHECK R 175. OC receirt -thank you ii22733Q COO! ROl T!6:. i i\ / ■?«;A «// Attach legal description to application if not included on required survey. _ _ _ _ _ _ _ applicaht lil Name 875 Forest Aire laneAddress:_________________— Phone f home) 472-0459 Phone (work) Same City:Zip: 55364 OWNER (if different than applicant)Phone (home) #5-,. Name Phone (work) Address:City r_Zip: Date Property Acquired (month/year) I (do) (do not) also own the_adjacent_parcels_of_lan^ _ _ _ _ _ _ _ _ _ _ _ _ PRESENT USE OF PROPERTY Present Zoning District Present Use of Property /LR-1B Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ 180Q,QQ- - VARIANCES REQUIRED Lot Area Lot Width X Hardcover Setback Variances Front Side Rear) Other ■■ >' :4 r-:7T rr Snforc^enfol zonlng'regu^rtfon^^';^ i.iixtfalls C»i. 4>UilXil'^ A. w J.« w —w~ - ------------------------------------------------------- , ^ I. , flxx>di«3. Dead ti^ i^se a N«^Ard in wind stores and create hours ot cleanup after 'j-J^ Code Requirements flooding in back yard. F‘ 2. s:i- p3*N. '^:5. 16. r;-/ • 6. fe;;. riRBD SUBMITTALS CMtifiSd Proptrty^ owners'" List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A 603 Govt Center 348-3271). ,. Plat Map (obtained with property owners listj. i CMtlficate of survey (signed by a licensed surveyor) to include hAirdcovGir cflilcuXAtions fits jrs^uiiTBd. , k • ^ u „ Topographic sui vey (existing and proposed elevations) if any changes in exiatira grade are proposed. Sketches or plans of floor and elevation views. .. i of AS an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. YOU ARB RBOUIRBD TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR_ A (l^X 17- OR SMALLER) FOR ALL DOCUMENTS SUBMITTED Th^Applicant and Property Owner must sign this ramambar that vour variance application is not—complete——th_^- - - - - haa nofc been included^ ^ _________________________ Cartification by Clerical Departm3nt that Variance Application is complete. Initialed by Clerical Staff;_________________________ _____________ APFLICJynr'S SI6HATURB .nfoT-msfion reauired or Tha applicant hereby agrees to provide all (staff requested by the Zoning Administrator, agrees to pay s tl«. not covered by original f_ee payment) and, or consul ^thi/_applicatio^,^ a^nd supplied is Date /- The*own?r^^ie^^y aclcowledges and i^yrees to this application tion and verificatio^rn^f this ^requ^"^ Swner's Signature Date 1. topllcant must have all sub/itt^s into the city offices 25 days before the Planning Commission Meetin^T Planning Commission Meetings are ^aduled third Monday o. each month. Applicants must be Prfsent at ail schedule review meetings of the Planning Commission and Council. If an applica unable to attend a scheduled meeting, please Zoning authorized agent attend in your place and to advise the Building & 9 Office of this change prior to the meeting. c,.. '■"r ft;.:.CBRTIPICATB OP MAILING S' STATE OP MINNESOTA CODl^ OF HENNEPIN ■ i- ) ss. CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County, Ifinnesotaf do hereby certify that a renotification of a Public Baarin9 concerning the matter of #1704, was mailed to the Attached liat of property owners . In Witness whereof, I have hereunto set my hand and seal this 15th day of January, 1992. m • -r-. m 1-1,ite i-m m. Iv “ 1^' V- <■ trr.4p^V-: X--.'. *-■. . . ^ '•5 PC 5 ■. [il#I- Kf'.fcp - Adjacent Property C-^.ers' Acicnowledgeaent Form U I (W€) Frank and t*auia BroqharrnEr 895 I'brest Anrs Lane [print i*ame(s) j [pri::- address n, ^ • ^ ^ c-ccosed i.T.crovemenr or proposed use of tde liave reviewed the pxar.s -o- u**- p . also r“'^’*red to as Land Use property located at 875 forest Acnsjge ----- ----- Application Mo. --------• I (we) understand that in ‘the^p^ or use (ara) not asked Counci i'that I (we) am (are) aware of ^2rirp:oleren?p\^«^°na\\%^;^e proposed neiphtor-s project or use re<3ui.res Council approval. V6''/^vA/_________ Dare ’ V / ‘ ^ <'■ ■' ''-t..--------------------- 57^5 '.........*••••************************ ; :propeVfcy owner *}* - ■■. * -'v.yt. .'I.-*-. • . : . I (W6) Smie and Charleen Carlscn [print name(s)] of F>nrpgt- Arms T/irvq [print address] ^ r- nrocosed iinorovement or proposed use of the hawa reviewed the Pd®’'%4 forest An^ i ie also referred to a= Land Use property located an -----------------:—:--------— Applicati' n No. ----- .1 .f..* in evecutinq this acknow)edgsment, I (we) am I (we) understand that ■ dlseopr->val of tne property or use (are) not asked to declare-appro council that I (we) am (are) aware of but merely to confirm J" prooosed neighbor's project or use the improvement plans and tha.. t.ie p . jj^qtiires Council approval. C — Property Owner /6^/i’/ 91 ------------J—---------Date Property Owner If you have any 1"^f t yout*commen»’'''to "the \urri scheduled meeting date. i ■ es.^,-rM ; ^fi- te.v Iftf.i It's:mP ■‘fL i;V:^'. Jtf' m/ .'i i P ^ . ; ’ .> mim HARDCOVER CALCUuATICjjJ^&W^EET SETBACK ZONE: (CIRCLE ONE) ([O^ZS^ 75-250' Existing Hardcover in Zone A, House B. Garage c. Driveway 0. Sidewalk E, Patio / Deck G. Other LENGTH F.Landscape AREAS UNDERLAIN BY __il PLASTIC SHEETING J a X X WIDTH / s 3 rT) Total Hardcover in Zone l?L Total Property Area in Zone 7 2 r (H 3 S. r . S. F. S.F. S. F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F.B / /7 2-i X 100 * ^ ^9/To 4 ,(i HARDCOVER CALDJLATICN WORKSiiH' SETBACK ZONE: (CIRCLE C.'IE) 0-75 f'Sv:>-I'I [ Existing Hardcover in Zone II.'I A. House St .• f B. &HBZ> r- *■c. Driveway m 0. Sidewalk i |4C i^^dt^rryy. / F. Landscape X areas UNDERLAIN BY PLASTIC SHEETING r;,V - G. Other LENGTH //' 3 0 X ;< X X X X - X r< ^ W ^ M WID^H /3 It- Total Hardcover in Zone Total Property Area in Zone % • r’ P-l>.' !■ A IA -r ^ ?*•/ /^r / ?5‘ S . F, . F. S. F . 3. F. ■' Fy • I • S.F. S • F • c p ^#11 S.F 3 . . Cl . r S.F . S.F Z y ^ <-^6 S.F, S.F. S.F. / - 'Z- a;Z' _ S.F. -At— J2- O S.F. ^ €T-»S.F.B X 100 ^ b L ft iiil T*—F— r k '■ •: > .' k’v- i ■' ^ :-:;v !•• • • > V-y.::\ •'V. -'(1.'%n '('■ K^- myM P w U<: k h te'Pk-i'A- Ltis^ iARDCOVER LALCULATICN WORKwr.nz.* SETBACK ZONE: (CIRCLE ONE) 0-/5' /T'-SO E xisting Hardcover in Zone A, H ouse </ V X .03 ““ ^ Cf i W # 5*“ • ---------—f------------ length WIDTH X ,= f,“r: ci S.F. 2-L :</V = T-6A S.F d fir X /VA w = /^/ A c. p. X .y 0 ____= < ft B. G arage ___________ 03 X 7 3 c. Driveway lir < / 3 V J7ir (> /A. 7.iL^ D. Sf DEWALK / r":< _A/J /rz— E. Patio / )eck X X . JtT 6 /J :2L J9o F.Landscape areas UNDERLAIN i..BY PLASTIC SHEETING X X r* yri 41 / oJ-o 7F •dr yr' X If y _ X - X y y r ^ -U— V- V it G. Other y X y X 71-. Tota ? Hardcover in Zone i . r •■r . F. S.F. S . F . a . r . S.F. S.F. S.F. S.F. S.F. _ S.F. t f. ru y w S.F. Total Property Area in Zone i f" ^ S.F. B A ^ ^y/ 4 I } p/ Li-' X 100 = -7^3../a ^ f ‘W ■ »--•• .;;,:^v-*rv.-^;^7- • . ..v♦ DY ! DMK: /C> "ATTACHMENT A" PERT'UT *52-6007 DARLOW MADGE FOREST A £tp / Si925.A’ v;Lane cnannke rop YlEV/ lay ou-p \ MLKl:: McE. !.! YUUT I ^Oxio' sup • • luiuiin SCALE: 1" = 100' PRESENT WATER LEVEL 927.^' AS OF V16/91 (MCWD) . PROPOSED BOLLOM ELEV. ' OF CHANNEL - 923.6' ' \ PROPOSED BOTTOM ELEV. \ 'VA \ OF BOAT SLIPS - 92/».6 )« I JACK BURCH ci*i4v '.rl I »\ \ ^ '' -\ 'A \ \ \ N A \ 925.A'\ & \i \ V\i i _2oV/5 . \ AAA PAUL SCHMEBLE . ?/\7 4 i;F„ . '-7 '' \ \^ \ \ . \ 925. V \\ Zoyio'iu.'P ^ N ARNOLD CARLSON PRESENT WATER LEVEL 925.V:\x " XX 925.^1 ORDINARY \\ \V^ HIGH WATER LEVEL\ V--—- - - -\\ V- S. '■ '*2 ’ N^v X \ ». • NNATURAL SHORELINE PRESENT WATER LEVEL L E G E N D ORDINARY HIGH WATER LKwEL - - - PRESENT WATER LEVEL . . . . . . . PROPOSED AREA TO BE DREDGED - - /V.1 -j- ^ JUMBtJf. '!r^‘‘liiiCEIVCD PROPfJSLD BOTTOM WIDTH OF \ v CHANNEL IS 15’ WITH 5'/}'S \4// . 6a:. ;6f6i?..ir- m-.0m- ■'*/ 'J" :. ‘te i'-- -<'j» •. Vrf It- S‘^' ^;-'t- i^- &;. *t^' ■ r'. \;"'■ 1^7-- S-M' w ‘ :“r ”,*. • ■-- ■”', -. - \ • ftr: I W ^ . • li'i;S::P-: i’ Bilto m M Bones troo Rosene Anderlik & Associates Engineers ft Architects Ooo G aoorttTDo *»£krun A GoiOon P£9 9r^fi *»£C PU^maa A1A ftotx^ w 9o\me p E Richjfd w Poaef pe Rooen C Russe«. a j a i^nes M RmgL A iC P Joseph C Anoer^ PE Oonj«J C aurgaax. PE rnomai E Angus. PE Jerry 0 ^pnzsch PE \Asnrr i SorvaU. PE ,eny A 9oufOon P6 HcMtam A Sanfcwo PE CeciLo C^-vier PE Bicnart E Vr«r PE Mart A Kar^or ^6 Dame* , Edgertor! p £RDOert K OeOlM PE Glenn R Coo*t PE 'ed A PE Man A Se<ii PE Gary W Monen pe TTicnus E Na^\ P£Mcnjff r Rauemann PE PmRp i Caf>A«i. PE iCare^ l .y «eTien. pg. ItoOCfT Q i;Content P£lk»ert R P¥f^. PE •smae^ Mamnez. PE kW 8 yjioa PE Susan M EDeran C PA O Loskou P£Mark C \AOlAi, PE Charte? a Enckson *^»v»rv»s W Pptefson P£Thomas R Anderson, a < a Leo M Pjwvetsky Mcnaet C Lyncn. PE James R M«andL P£ icenneth P Anaenor PE Gary E Rytarxser pe Mars ti PE L Philip Gravel ■. PE Marvan M Oson yT;T-.r»T^r'*«7r. I6 ■1 January 14, 1992 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth it::. i.T .1222 Re:File No. 139 - 1704 Darlow Madge 875 Forest Arms Lane Dear Jeanne, We have reviewed the proposed plan for upgrading the drainage swale off Forest Anns Lane. There is a concrete swale constructed from the culvert outlet for approximately 100 feet. The plan would be to construct a rip-rap drainage channel from where the concrete ends to Lake Minnetonka. The proposed channel cross section is 8 feet wide and 2 feet deep. The channel should be constructed with Class II Rip-rap (Mn/DOT 3601) and filter fabric. The work shall be completed in accordance with Mn/DOT Specification 2511. The rip-rap should not be grouted because of the potential for movement and increase in hardcover. Silt fence will be required between the lakeshore and construction area until vegetation is re established. Please contact tliis office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Gleim R. Cook GRC:U l39.cor 2335 >J^$t Hlghw^ 36 • St. Paul, Minnesota 55113 • 612-636-4600 • 35th Anniversary \,-i ^yiv tf R3 I-: V ",p-sy 5«;! rs ’ - PWM:i I tv r-: . . -i?s- In’ - , ;>". -1 ■ : ^ ' ?«v ; , ,.*j L- '-■''' f-■ 'kv n,m ^ -s 'n> pIPk m n I ;► .«v Vr P&kf if>fN JJ A g B \0 •1/D -------------.. - ■ ^ '■ - -------------------------------------------------------------------------------------- IC p 21 £?^/VIDW - O »1 . "riiL - NVi>o^|~^A 1 .., . .... ■.^—^ 4/(? H X Jmk T t 1^ -- -- /■'' Id ^TA^yI>^^ *f t. 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WlTfcA VJiTH ____An“_^ 1 • UirMoOT' AV^A -To il:^ ifej"-2M'* k __^jAA u - . .: . < ■ *% r- . . ^ II'' *fel. |1;..... 'i‘ AMv .1#:= »gK...„ ic’? ^^ '■ K?"’ liSifjSft ■ msK»-IPSJS'R ;; ■ -- ■ ■■ pfe'-'"’' ' '■ ■ r-^ ..: ’%SS}««: • ;^,v^; W'' ; )' " Efte ' . I I '• r ~ * 'i.! \ it»n % ■ii ■ •':P' Sli- ■ ■te?; . . §£?*"' ■ my y ^ym: ir il^'- illfftpr « list ;^y - ■■[ '• >. ,„ . v .' •' ■•7. • Pa' ■: lS[t. %, ■| •!' te jW S,i*!7>p-I?. •> i,v. k '-’ ^ I I ?'■ I:. a' J '2 To: /C* Chaintian Kelley and Planning Commission ^ *- ^5^ Mayor Peterson and City Council Ron Moorse, City Administrator Fromt Dat<es Jeanne A. Mabusth, Building & Zoning Administrator January 10, 1992 Subject: #1708 & #1709 Judson Dayton, 825 Old Crystal Bay Rd South Variance/Conditional Use Permit - Public Hearings Zoning Districts LR-IA Total Area = 23+ acres Pertinent Ordinances 1.Section 10.03, Subd. 9 (C) - Area restrictions for accessory structures. Applicant proposes a 32' x 23' addition to an oversized accessory structure that already exceeds the allowed area for the residential property. AllowedAiiowea = 3,000 s.f. Existing = 4,432 s.f. Proposed = 5,168 s.f. Variance = 2,168 s.f.or 72% 2.Section 10.23, Subd. 4 (A) - Guest houses/guest apartment. Applicant has applied for a conditional use permit in order to renovate/restore a former caretaker apartment within oversized accessory structure. Many of the standards for a guest apartment are not applicable in this case as apartment is not located within principal structure. Guest house standards may be applicable for this review. List of Exhibits - A - Application #1708 B - Application #1709 C - Property Owners List - Plat Map " Certificate of Survey ‘ Existing Floor Plan irst Floor Plan H-l-’2 - Elevations 1-1-2 - Septic Maps j-1-3 - Elevations/Guest Apartment K-1-2 - Second Floor Plan/Guest Apartment D E F G l:;r:-.-r". rr.^rr. - ■ iV' r ?v.’ s;nV.' te/. :s^ t I ■:*■'■.- i ft- i. Zoning Application #1708 & #1709 January 10, 1992 Page 2 Application #1708 - Description of Request Applicant proposes a 23' x 32' addition to the east side of the existing oversized accessory structure to be used for the storage of farm equipment. As the applicant's addendum notes, the property is to be fanned and horses are to be stabled for the first time since 1918. It will be necessary to provide additional area for the storage of farm equipment that applicant now stores off-site. The structure meets the required 30' setback from all lot lines. As property is a lakeshore lot, the street yard is now the rear yard and an accessory structure can be placed in front of the principal 'Structure. The accessory structure does not exceed the allowed 30' in height shown at highest point at 23*. The total property consists of over 23 acres. The current accessory structure code allows a maximum 3,000 s.f. in area with 9 acres or more. The code does not take into consideration properties that contain in excess of 9 acres. There are no other accessory structures on the property. The proposed structure at 5,168 s.f. in area would meet the total area allowed for all accessory structures on the property at 6,000 s.f. This variance application is similar to the variance application sought by Irwin Jacobs for his lakeshore property. Please note hardcover has not beer addressed as there is clearly no hardcover problem. If approved, based on directives of Section 10.03, Subd. 9 (C), the applicant will be asked to execute a covenant to be filed in the Chain of Title dealing with the controls on this structure if the property is to be subdivided at a future date. Review Exhibit L. Hardship Statement Please review Exhibit A. The application lists the following hardships : 1. The existing oversized structure at 4,432 s.f. has existed on the property for over 50 years. 2. The property consists of 23+ acres. 3. The existing oversized structure meets all other required standards for an oversized accessory structure. 4.The proposed addition will not require any setback variances. 1■? %IS - P-r s,. .•U*Jr . \ S“. t’^' ■v> •> ., S.V^. ' ■'.f- Zoning Appli»-ation #1708 & #1709 January 10, 1992 Page 3 Appli.ca'tion #1709 - Description of Request Applicant proposes the restoration of a former caretaker apartment. There is no record that the former caretaker apartment was ever approved via a required conditional use permit. The former caretaker apartment has not been in use for several years. It is the desire of the applicant to reinstall a non-rental guest apartment as part of the upgrading of the oversized accessory structure. No expansions to the oversized accessory structure are proposed as a result of the restoration of the guest apartment Access to the apartment is via a grade level door to the south side of the structure. Entrance is through a maintenance garage area. Review the conditional use permit section of the code that deals with guest apartments and guest houses. Many of the standards for guest apartments are not applicable as apartment is not located in a principal residence. Staff would suggest that guest house standards are more appropriate for this review, although it is obvious that this ':v-'ucture will never function as a primary residence if subdivided in the future. There is adequate area to satisfy 3 residential units (principal residence, caretaker residence and apartment within the oversized accessory structure) for the 2 acre zone. Per code each unit requires 2 acres in area. Review Exhibit E, there is an 85' separation between the caretaker residence and the oversized accessory structure. The setback would meet the total side setback at 60* for the LR-IA zoning district (30' side yard for LR-IA zone). Review Exhibits K-1-2. Note not only the guest apartment will contain plumbing, but the lower level will continue to have plumbing. The City has no record of an on-site septic system that serves this structure. Review Exhibits 1-1-2, the map of the septic system that serves the caretaker residence. The mound system was installed within the last few years. As the septic map shows, this system is located to the immediate north of the caretaker house. This system was designed exclusively for the caretaker residence. There is no evidence that the system serves gray water or septic discharge from oversized accessory structure. Applicant will be asked to provide information as to an existing system that may serve the oversized accessory stricture or provide septic testing and a design fo' an on site septic system to serve septic needs of the oversized accessory structure with guest apartment. The proposed conditional use permit application requires no variances to the pertinent standards set forth in the current code. The above referenced covenant should be amended to include reference to the guest apartment and a potential Impact of a future subdivision on a conditional use permit (i.e. special area needs for residential use in addition to additional acreage for oversized accessory structure). S'- fii''1^'hm- IS f*- '1^ i ■V ■ :^v'', „ lI-' uK'--•?•. t% ■ # '•-•i ■ i 'j • csS, ■we#; av?: te;- ■ ;-:«--‘v'-' <-Vt* w Zoning Application #1708 & #1709 January 10, 1992 Page 4 ilque Findings Please review application. Exhibit B, Applicant notes the following findings: Existing guest quarters were install«:d when structure was built in 1906. Applicant propcles no additional expansion of oversized accessory structure with rennovation of apartment. Options of Action If denied, please refer to the necessary findings within the conditional use permit section of your code. OR If approved, the following conditions may be considered: 1.Guest apartment within oversized accessory structure is for the non-rental use of the owner/occupant of principal residence on subject property. 2.If property is subdivided in the future, this conditional u e permit will expire and a current owner of new _ot must apply for a new conditional use permit for guest house/guest apartment use. 3.Execution of a covenant for oversized accessory structure to insure area needs if property is subdivided in the future. Applicant is advised that a review of the existing septic facility serving this structure is required as a part of the building permit review for upgrade and restoration of the oversized accessory structure. If conditional use permit for guest apartment is approved, septic upgrade must include septic needs for guest apartment. Isv ■- 'U.- i ^■v L'." I- P- f 15 r- )•? r- !■ ;- & r Zonlng Application February 3, 1991 Page 5 /08 & #1709 Additional Exhibit L - City of Orono Covenant for Oversized Accessory Structure Additional Conments and PC Recoimiendation The Planning Commission unanimously supported the variance to increase the oversized accessory structure noting that it was not the intent of tn- oversized accessory structure ordinance to promote construction c '-dditional structures on a property. It is the intent of the ordinance to consolidate or to promote a larger structure as long as the property has the area to support the structure. Members noted the proposal is within the scale of what is currently located on the property. It was also noted by members that the area of the oversized accessory structure shall not exceed the total allowed square footage for accessory structures on the property at 6,000 s.f. The applicant advised Planning Commission members that the proposed caretaker apartment area was to be renovated but that they had no intention of using the apartment until a future date. Members noted the area could serve as an independent residential unit based on floor layout, plumbing and septic improvements. It is necessary to apply for the conditional use permit now no matter when the future or proposed use is realized. There is adequate area to support three residential units within the 2 acre rural zone. Members also referenced the existing caretaker house and asked if there was a conditional use permit on file for the use. Members were advised that the use had been established in the early years of the development of the property in the 1900's. Members advised tne applicant to apply for a separate conditional use permit for the existing caretaker. It is staffs opinion that since the caretaker house was not proposed for inprovement that applicant need not include a conditional use permit for the caretaker house with this current proposal. In light of the concern expressed by the Planning Commission, Council members may wish to seek further advise from the City Attorney concerning the need for Mr. Dayton to apply for a conditional use permit for the existing caretaker house. The enclosed resolution has been drafted approving both application #1708 and #1709. Planning Commission and staff findings have been set forth in the approval resolution. Based on the City Attorney's opinion, applicant may be advised to file a conditional use permit for the caretaker house. H l;-. iu 'L E-v.’ i’:0' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C) AND A CONDITIONAL USE PERMIT PER SECTION 10.23, SUBDIVISION 4 (A) FILES #1708 AND #1709 WHEREAS, Judson M. Dayton (hereinafter "the applicant") is the owner of the property located at 825 Old Crystal Bay Road South within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached to this resolution, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit the construction of a 23'x32' addition to an oversized accessory structure at 4,432 s.f. where only a 3,000 s.f. oversized accessory structure is allowed and per Section 10.23, Subdivision 4 (A) seeks approval of a conditional use permit to allow the renovation or restoration of a former caretaker aj. ‘ ment within the oversized accessory structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Crono, Minnesota : 1. 2. 3. FINDINGS This application was reviewed as Zoning Files #1708 and #1709. The property is located in the LR-IA Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 23+ acres. The Orono Planning Conunission reviewed this application on January 21, 1992 and recommended approval of the proposed variance and conditional use permit based upon the following findings : Page 1 of 6 te" Findings for application #1708-variance for addition to oversized accessory structure: a) The existing oversized structure at 4,432 s.f. has existed on the property for over fifty years. b) c) The property consists of 23+ acres. The existing oversized accessory structure meets all other j.c'iuired standards for an oversized accessory structure. |- pi-vm:m- r: t w ■i-li'-C-t . A ■ V; ■ '^,r , ; ■ ' . ;;:P iff-: '.V.J ^ r i'-V- &’X.s- 4. d) The proposed addition will not require any setback variances. e) The proposal is consistent with the intent of the oversized accessory structure ordinance which was to limit the number of accessory structures on a property. f) The total area of the improved accessory st” .cture at 5,168 s.f. shall not exceed the total area allowed for accessory structures on a property in excess of 9 acres at 6,000 s.f. Findings for application #1709 - conditional use permit for caretaker apartment: a) The existing guest quarters within the oversized accessory structure were installed when structure was built in 1906. b) The applicant proposes no additional expansion of oversized accessory structure with renovation of apartment. c) There is adequate area within the 23 acre parcel to support a third residential unit. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a Page 2 of 6 n jtp' • V- I^1: ii-. r w J' h K P C .' 'A- I'"- %■ t - m: &rI W- r- #• convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.The City Council finds that granting a conditional use permit to allow the restoration of the caretaker apartment within the oversized accessory structure will not be detrimental to the health, safety and welfare of the community. 6.The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff and comments of the applicant and the affect of the proposed variance and conditional use permit on the health, safety, and welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CQNCLOSIOMS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to allow construction of a 23'x32* addition to the east side of an existing oversized accessory structure and per Section 10.23, Subdivision 4 (A) grants a conditional use permit for the renovation/remodeling of a caretaker apartment within the oversized accessory structure subject to the following conditions: 1.Applicant to execute a covenant for oversized accessory structure to insure area needs if property is subdivided in the future. 2.If property is subdivided at a future dac\?, this conditional use permit will expire and the current ci^^ner of new lot must apply for a new conditional use permit for guest house/guest apartment use. Page 3 of 6 * W‘ ^,: •. f I- Sr:'" '*'■■■P'S... P^p::r »K#- r- ;'^,'>;V, ';-^v •'- a. vf: i'-<- I'^V '^,- i^: V -y..^ r' mm^-- 3. 4. 5. 6. 7. Guest apartment within oversized accessory structure is for the non-rental use of the owner/occupant of principal residence on subject property. Upon application for a building permit, applicant shall provide septic testing and septic design for an on-site septic system to support plumbing facilities within oversized accessory structure. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (February 10, 1993). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 4 of 6 February, Adopted by the 1992. Orono City Council on this 10th day of 1 it- 0 I'.' ATTEST: Dorothy M. Hallln, City Clerk '*/:• Barbara A. Peterson, Mayor Property Owner(s) K?.wm0 if#-- .feiS wm- :•••;- Is , STATE OF MINNESOTA } ) COUNTY OF FENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 10th day of February, 1992, by Barbara A. Peterson & 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. ;s"Notary Public Page 5 of 6 7: PW'w .;6 ' /i- w- ;*• '.V. fe:l7- f;vv" ^i>\: ^^''7 STATE OP MINNESOTA COUNTY OP HENNEPIN j SB. ) befor7me a Notary Pubilc“within and for said county, personally known”<?me to be“the person(s) descrined in and who executed cne jpown w _ _ _^ oHrr^»fi that he thev) executed day of 199 7t 77. 7-':]S1^oinrin»trLLl,'’lrd acknowledged that he (they) executed the same as his (their) free act and deed. STATE OP MINNESOTA ) Notary Public ) SB. COUNTY OF HENNEPIN ) -V’V'. 19 9 before Ve- a Notary PublTc'^tJthin and for saro counry, personally known to me to be the person(s) described in and who executed the foregoing instruments and acknowledged that he (they) executed the same as his (their) free act and deed. y VS;:"' ■f Notary Public •ff/r-'.:. * I K'. ■ Page 6 of % -t . iL. I- If EXHIBIT A I- I S'’"'' V"'- i \ 'fe:- i\' r AHr.*-; •ii i- ■*' «.. f K' That part of Lot 35. In Auditor'^ Subdivision No. 2X. Honnepui Co*inty, Minnaaot*. and of Govenuaent Lot 7, Ln Section 9. Township 117 North. Rang® 23 West of the 5th Principal Me ridian, described an followa: Beginning at a point X2.31 feet South *<f the North line and 4h?.00 feet Meet of the Saat line of said 'lovenuicnt Lot 7; thence Eaat parallel with the North line of said Lot 7 a dlat-ance of 462.v*' feet to the Seat line of daid tie**ce North along the Eaat line of said CJovrrnBent Lot 7. a diatance of 302.81 feet to the Hort.h- aaat comer of said Lot; thence continaing .North along tne North and South centerline of Section 4. Townablr 117, Range 23. a diatance of 216.7 feet to an intersection with the Easterly exteneioo of the South ;ine of Lot 34 in above oentioned Auditor ’s Subdlvlaion No. 230. Hennepin Cbuntp, IllaBeaota, these* Hesterly aloog the Southerly boundary line of said Lot 34 and extenaion thereof to toe SouUaiest corner of aaid Lot; thence Southerly along the extension of the Meat line of said Lot 34 to a point 1071.18 feet Southerly neaaured along the West line of said Lot J4 and the extension thereof, froa the Horthueet comer of said Lot 34; thence Westerly dsilectlng 81 degrees 06 elnutes to the right fron last de scribed couree, 159.69 feet; thence continuing Weeterly. deflecting 2 degrees 30 elnutes to the rlgttt fron last deacrlhed course a distance of 124.65 feet; theoce Southwesterly on a tangentlel >.'urve to the left with a radius of 388.66 feet, a distance of 193.75 feet to the point uf coopound curve: thence Southwesterly on a tangential curve to the left with a ra- alus of 212.01 feet, a distance of 160.52 feet; thence Southwesterly in a straight line, tangent to said last described curve, a distance of 2.89 feet to the Southerly line of aforesaid Section 4; thence West ilong the South line jf said Section, 286.29 feet, said last described point being the Southeast comer of Govemment Lot 1 in said Secricn 4; thence Southwesterly deflecting -35 degrees 17 «inutoe to the left from said last deecrihed course, a distance of 110.3 feet; theoce Southwesterly deflecting 45 degrees-28 oinutes to the left froa said last described course, a distance of 115.00 feet; thence Soot^huestarlV deflecting 21 degrees 40 sinutes to the right fros said last described course, a distance of 174.00 feet, aore or less to the shore of Maxwell's Bay, Lake Minnetonka, thence South easterly along the shore of said lake ta its intersection with a line running Southerly perallel with the East line of above aentloned GovenaMrnt Lot 7 in said Section 9. free a point- bearing South 12 degrees 54 elnutes 40 seconds West and distant 766.76 feet froa the point of beginning, said last described course being hereinafter referred to and deeignated as “Line X”: thence Horth parallel with the East line of said Goveranent Lot 7 to said points bearing Soutb 12 degress 54 ainutes 40 seconds Weat and distant. 766.76 feet fron said point of beginning; thence North 12 degrees 54 ninutes 40 seconds East 766.76 feet to the point of beginning said last described course being hereinafter referred to and designated as 'Line Y”; exetTCing fron above described prenlses, the following described tract, (Here inafter soaetines referred to as the ‘excepted tract") to-wit; Beglnnir.g ai. the sane point of beginning as above deecribsd; ti»enc« Soutn 82 la ainut«a 39D.2 t—t.: thence South 35 degrees 06 ninutes West, 194.4 feet; theoce South 13 degrees 67 alsutee Waet, 167.65 feet; thence South 5 degrees 23 ninutes Weet, 265.00 feet, acre or leas to the abore of haxwell'a Bay. Lake ttinnstonka. thense Southeasterly along the shore of said Lake to an intareection with eald 'Line X' hereinabove described; thence North along Mid "Line }I" to ita Intarsaction with said 'Line Y" as hereinabove deacribed: thence North 12 degreee 54 niautaa 40 secooda Eaat along said "Line Y". 766.76 feet to the point of beginning: AC£0 That part of Govemnent Lot 7 in Section 9. Township 117 North, Range 23 34eeC of the 5th Principal Hsridian, deacribed as follows: Beginning at a point being 302.01 feet Soutb of the North line and 462.00 feet West* of the Eaat line or said Govemsent Lot 7; thssre South 62 dsgreoa 13 ninutes West. 290.2 feet: thence South 39 degrees 05 ninutaa Weet, 194.4 feet; tbenoe South 13 degrees 57 olnutes Weet. 167.65 feet to the actual point of bsginnlng of tte tract of land to be described; thence North 13 degreee 57 ainutes Bast, 167.65 feet; thence North 35 degrees 05 ainutes East. 194.4 feet; thence North 82 degrees 13 minutes East, 193.2 fset; thence South 31 degrees 07 minutes lO seconds West. 261.39 feer.^, thence South 13 degrees 25 minutes 37 seconds West. 167.65 fvec: thence South 3 degrees 32 minutes 30 seconds West. 206.14 fset; thence due South to the ahore of Msjtweil Bay. Lake Minnetonka; thence Westerly along said shoreline to an interjection with a line tearing SowJi 5 degrees 23 ainutes West, froe the actual point of beginning: thence North 5 degrees 23 ainutes Eaat to the actual poii.c of beglnnina. For the purpose of this deecription the East line of eald Govommeot Lot 7 Is aeeumed to be due a North and South line. m^->f • IT-'A feyfi1.CTT^ OF ORONO - VARIANCE APPLICATION h Initial Application Fee $175.00 ($50.00 per each additional variance) I Renewal Variance Fee $100.00 (no change from original application) jl^f-ter-the-Fact Fees (Double application fee) t V- PROPERTY LOCATION Site Address /)ctu pjfoperty Identification Number (P.i.D.) n<^//y^^S./OQO/ AtSch legal description to application if not included on required survey. APPLICABT fc Name Phone (home) V^/ - - Phone (work) 33V -^//O Address . /^g<~ Pnif!>i AaaJ City: Phone (home)___ _ _ _ _ _ _ __—OWNTJeI (if different than applicant) f.T-. Name Phone (work) #“ 7 ’ V •”C nijTfkli j ijfi u*i M' t -.- ; Address:City; r r-L'CTrcZip: u>iir auu < v"f I .-r'l/" A; »A A Jwjvi:-vv V'W Date Property Acquired a Asrwfvi;. V (month/year ia / w' * W I (do) <5o not> also own the adjacent _ _ _ _ _ _ _ _ _ _ _ t KIBSBIIT OSB OF PHOPI’W t Present Zoning Distric p . a Present Use of Property (^sidentia^ rl other (specify) F k I f- Estimated Construction Cost 5 I VARXAHGSS REQUIRED Lot Area Lot Width tt fh Setback Vari.ances (Front ___ Hardcover Side _____ Rear) f- K*>? Other /Q{^^ jhi^cS*Fyuu^—2—(TKgg^ 'flnjua^uj Ln oum U*^ /^am^ k#'.. % miRDSHIP Describe undue Hardship or practical difficulty resulting from strict enforcement of zoning regulations; a(r^^ e^-tsk___________ yp bfi -t~ An/'<c^ -tmte s/rx ” c^AUft^P^/______ pwgrn»Tp«irTnM np mn^nAn proper^ CONDITIONS 'JUjuik fo At Describe unusual property conditions preventing compliance with Zoning Code Requirements: ^ cn^AJUy ^ ^ f "y'l:--T 2. !:■3. 4. RBQOIRED SUBMITTALS 1. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy tf%"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll"). Sketches or plans of floor & elevation views (provide 1 copy 8%”xil'*). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 5. 6 • 7. 8^ The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above inforaaliion has not been included. ^ APBLICAMT'S SIGHATORE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional f<-es (staff I time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her )cnowledge. fi- DateApplicant's Signature ONHBBS SI6HATDRE i The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature ___________ Date /f /_ 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 If^viaw mcMtings of the Planning Canmission and Council. If an applicant is inable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in yoT place and to advise the Building & Zoning >ffice of this change prior to the meeting. ■ ■' • •f V -^4 4^ :«« iT *.*1 N CITY OP ORCNO - GENERAL LAND USE APPLIC^T^5 /« "*>• froperty location S.i- Site Address C/^ygT/td 2/^v ^/9Z) U)/)y2/^T/9._—^HhL<> U-.Property Identification Number (P.I.D.) P^U 7^OQ f' Please attach legal description to application if not included on required survey. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I applicaht Name TTiypSo/O 0^|f ‘ Phone (home) Phone (work) ’'3^0 Address ^ omSER (if different than applicant)Phone (home) Name Phone Address City Zip ‘opertv Ac notj) >M tie *a (month/year) FBBS - CONDITIONAL USE PERMITS ~ Renewal Fee - 1/2 Current Fee After-the-Fact Fee - Double Current Application Fee •■fw- . d* * :>.-v $ 50.00 For each variance request with CUP $125.00 Residential accessory Use 01 QEH < 00 $150,00 Institutional (church, school, etc.) CHECK TL 3E5.00 receipt-IHM YOU )C $150.00 Sed^ M'Tflmi430 COOl f<01 Tin1 -c* i n /07/C X4./ 4. 1/ / v*-’.fv-i;, .• $150.00 Duplex Credit/Bldg $250.00 Commercial/Industrial Use $200.00 Land Alteration Grading, seawall, retaining walls within 75 of lakesnore PRD/PID - see fee schedule OTiS C-*. APPLICATIONS $200.00 ■ $250.00 $175.00 a 50.00 “■ $250.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation _ Easement Vacation with Subdivision ^ Rezoning (PUD - refer to fee schedule) Appeals Other - see fee schedule ■■ PRESENT OSB OF PROPERTY . Present Zoning Dirtricc Present Use of Property Residential ^ ^ V- — s c 2. r-* 'vT — \ o u-» DESCRIPTION OF REQUEST Describe,request jLv\ fhiduiAA^ detail : i- huih/90C. unS J'At h AiMxkJn aiuJ' ouajiiui ^ 2. REQUIRED SUBMITTALS !• Completed Application Form. Certified Property Owners Lis owners within 350' (you can obtain this list from Hennepin County Ft. .tment of Finance A-603 Government 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. 5. 6. 7. YOU ARB REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* 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 knowledge. Applicant's signature 'T/I. jDtdfJff)Date omaws SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the property by City staff.- consultants, agentSr commission members, and Council members for purposes of investigation and verification of this inquestT / Owner's signature _ _ _'V/l • _ _ _ _ _ Date _ _ _/ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Plamning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled l^aview meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. V »•' St:-' t A, m'a u>u " V* ' r v*> fl ■ •'v5w. • .*«'. • .» *‘ -‘A VV. iil§§^eilis ■^'. 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F 5?X \ "5 V^ ^ r- -t"Ti 1 1,^ ^*0' r \S'^0' ^?C I ^ ' P X ^ ^ ^ -7 i» f » ^h--------frrrrr- it . } P>'Pz. o J V T ft ^ <■ tp ■j B- ip; m-P-v n.u ■ ■fe' fer. - L.^V -• 'V>' 4« ., 0' ?P-'-;:‘' ■S CIT3T OP ORONO COVENANT FOR OVERSIZED ACCESSORY STRUCTURE THIS COVEN2MTP, made and entered into this 19 , by day of ^9 # _ _ — rainoleAusband and wife/a Minnesota corporation), (hereinafter iSred to « -Applicants-) and the City of Orono a Min^ municipal corporation (hereinafter referred to as the City ). WITHBSSBTH: HBBRBAS, Applicants have made for an accessory structure on property in Hennepin County, State of Minnesota, legally described as: (hereinafter rr.ferred to as "Subject Prot^erty ), and whereas. Applicants ate aware that according to Section 10.03, Subdivision 9 (C)(3)(c), specific conditions exist for an allowable OAS; and conditioned upon the execution of this Covenant and its filing Applicant's chain of title? and WHEREAS* in order to identify all parties within an interest in the subject property, the Applicants are require p?o"ide title Information to City staff as «q“5=ted All parties with an interest in this property shall sign this covenant . - Page 1 of 4 W. . ■■■*THE I®' HOH, THERBFORE. THE PARTIES TO THIS COVENANT AGREE TO POLLOMING: 1' ADDlicants* request for one (1) Oversized Accessory _ and . the Applicants.---- --------------------------------- 2. The following conditions shall control the existence of the OAS: A) No future subdivision of the S^ject be approved that places the OAS withxn a lo a no principal structure. B) Should Applicants wish to subdivide the Subject pi.«««rtv the OAS may remain without a principal structure for a period to be determined by the City Council. If no principal constructed and completed on the property by the end of the determined period, the OAS must be removed. C) Should Applicants subdivide the 4-h- OAS and the principal structure shall be located Within the same lot, which meets requirement based upon the size o * HA^_alled in building, which lot area f Section 10.03, Subdivision 9 (C)(2) “ .Municipal Code. Setbac)c requirements as defined in Section 10.03, Subdivision 9 (C)(a) shall also apply. 3. This covenant shall be binding upon current owners of Subject Property, and shall be filed within chain of title of the Subject Property. 4 Pee owner(s) of the Subject Property, if AoDlic^tl, consent to the execution of this Covenant and to iM te^“ .rshown by his/her/their signature(s) upon this document. 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Subjects #1710 Richard Bloomquist - Super Valu - 3333 Shoreline Drive - Variance - Public Hearing ^ Idling District: B-3, Commercial Shopping Center District Pertinent Ordinance Section 10.03r Subd. 12 - Crowding Principal Building. No accessory building or structure unless an integral part of the principal building, shall be erected, altered or moved within 10' of the principal building, nor within 10* of another accessory structure. A wooden storage shed for storing salt is located approximately 1-2' from principal structure. The structure is 15' x 8' and measures 8' in height. %!V'% Required « Existing » Variance * List of Exhibits 10* !+• 8+ or 80% A - Application D - Property Owners List/Certificate of Mailing C - Plat Map D - Survey/Site Flan Approved with Recent Addition E - Large Scale Co^ y of Site Plan - Partial Description of Request Review Exhibits D and E. In reviewing the comprehensive improvement plans for the recent addition, a 15' x 8' storage shed was not designated. The storage shed has existed in the same location on the property for over 10 year.®. The shed is approximately 1 to 2 feet from the principal structure. The issue for staff is that if it is to remain, cej.’tain applicable fire code standards will require firewall corstruction on th-* side adjacent to the structure and the roof. Note the woodt overhang of the structure is directly above the 8' high shed. There is no record of a building permit being issued for the structure. Applicant advises that it was an error that the salt storage shed was net placed on the current improvement plan. The applicant has asked that it be allowed to remain. f-u;. Zoning File #1710 January 13, 1992 Page 2 Hardship Statenent Please review Exhibit: A. Applicant notes the following: 1.Structure has existed on the property for approximately 15 years. 2.Based upon the limited parking area and traffic/access plan approved for site, there is no other available area for salt shed. Options of Action Mm If applicant's request is denied, structure must be relocated 10* from principal structure. OR KM-IliS''If approved, ipplicant must upgrade the structure to meet State fire code standards. Isv .> ..r Wm mvw rm i-l,fcI?-'E". fc’: ■ jf-I- i}i ins' B‘y ,.^V-vm <0- rV-.-". - ■ r ir' tP ‘ N^...fc-. t:;>- %r %:?m. <<>,•: W f-U::-,- rri I.rk * rv^ A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10-03, SUBDIVISION 12 FILE #1710 WHEREAS, Richard Bloomquist (hereinafter "the applicant^*) has an interest in the property located at 3333 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached (hereinafter "the property")? and WHEREAS, the applicant he' applied to the City for ! eSrv a variance to Municipal Zoning Code .on 10.03, Subdivision 12 to permit an accessory storage structure to reipain 1 1/2 to 2' from the prlnc-ipal structure where a 10' separation setback is required. vM' a variance to Municipal Zoning Cod*: mI#.•'w ii?: ^ - ‘:v Y t ^ Minnesota: I 1. 2. 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #1710. The property is located in the B-3, Commercial Shopping Center Zoning District, requiring 2 acres in area. The property consists of approximately 2 acres. The Orono Planning Commission reviewed this application on January 21, 1992 and recommended approval of the proposed variance based upon the following findings; a)The accessory structure has existed on the oroperty for approximately 15 years. Bared upon the limited parking and traffic/access plan approved for site, there is no other available area for salt shed. i' - ’ Page 1 of 4 rkir „ r' 'i'-r: nk t;;p r'y >' hr-Nv i-\ Ir 'k-* . If: fef' ii b] ^ rj r\ ••; sVr-; »':■■ ?5 r-r i^r-'rr-i •■! ■m-: Kv-r-'l¥fcPivm---h---mfe;II"m Sf:te' P-' hr mm"fe''pP- •Mi^' s fciv:-' ■ !■fe 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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. CONCLOSIONS, ORDER AND CONDITIONS Based upon one or more of the above f:Indings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 12 to permit an accessory storage structure to remain 1 1/2 to 2' from the principal structure, subject to the following conditions: 1. Applicant shall obtain a building per»"it for the purpose of bringing the accessory structure into conformance with all applicable state fire code standards. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (B'ebruary 10, 1993). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 m "'r 4.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. February, Adopted by the Orono City Council on this 10th day of 1992. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor ■■Property Ownerls) ^pt STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) ♦V — is The foregoing instrument was acknowledged before me on this 10th day of February, 1992, by Barbara A. Peterson & Dorothy M. Haliin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. m,:m- Notary Public :-v- * in Page 3 of 4 ttr ih- ■ :VI'-'V % M l-\'^ lr W‘‘ f ■.|v b/. (yi:^-m: ki p' Is f- m. fi'fi Pi i rf- 1^.'! W' 'f '<■■■ xy p?& t.,*. }-C\f ’kr--^- kS;;. *-jsa- 4"; 'l.-t; I' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this day of 199 , before rre 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. N otary public Page 4 of 4 ■' SM'- w?^- - te; Jm-s" ®.-i?v ISC. ":%■BKi ' if' ip:‘|:;-’■.... .‘if-,.. Cli.v..., r-.-S « iC- iVv. l|C,: : ■ V: ‘ '■fef- Exhibit A Files of Registrar ofTract D* Registered Land Survey No. 1422, titles. County of Hennepin; , ^. . , r The boundary lines of said land are marked by Judici-.l set pursuant to Torrens Case Nos. 17022, 17023, 17024, 17026 an 17065.subject to an easement in favour of the City of Ofono for sewage, water and drainage purposes over the Southerly 16 feet of the West 30 feet of the North 134 feet of Lot 1, Block 4, Townsite of Langdon Park (Now as to part of above land) Subject to the underground utility easement and restnci,ion in favour of the City of Orono over the North 30 feet of the West 100 feet of the South 100 feet of the North 234 feet of Lot 1, Block 4, Townsite of Langdon Park as containea in Book 2423 of Deeds, page 138, Document No. 3449568; (Now as to part of above land) . Subject to the underground utility easement and restriction in favour of the City of Orono over the South 30 feet of the North 164 feet of that part of Lot 1, Block 4, Townsite of Langdon Park, as measured at right angles to the North line of said Lot 1 and its Easterly extension, as contained in Book 2423 of Deeds, page 170 Document No. 3449578; (Now as to part of above land) c.%, i i iSubject to the restrictive covenant in favour of the Shell oil Company, a Delaware Corporation as contained in Book 2623 of Deeds, page 454, Document No. 3697134, as to above part of Lot 1, Block 4, Townsite of Langdon Park; (Now as to part of above land) ,, Subject to a permanent easement for highway purposes over all that part of Tract D, Registered Land Survey No. 1422, Registrar of Titles, County of Hennepin which lies northerly and easterly of the following described line: Beginning at a point on the West line of said Tract D distant 16.0 feet southerly of the Northwest corner thereof; thence run easterly parallel with the North line of said Tract D for a distance of 177.32 feet; thence deflect right along a tangential curve having a radius of 239.00 feet for a distance of 88.00 feet to a point herein after referred to as point "A"; thence continue along said curve for a distance of 40.00 feet to a point hereinafter referred to as point "B"; thence continue along said curve for a distance of 94.94 feet; thence tangent to said curve for a distance of 106.83 feet more or less to the southerly line of said Tract D and there terminating. . , Also over all that part of said Tract D which lies northeasterly of the following described line; Beginning at the above described point ’'A”; thence run southwesterly along a radial of said curve for a distance of 7.00 feet; thence run southeasterly along a curve having a radius of 232.00 feet (said curve is parallel with and distant 7.00 feet southwesterly of the above described line; for a distance of 38.83 feet; thence run northeasterly to tiie above described Point B" and there terminating. A'. . f: •. >:?;•‘IIO 4 CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) eeA' 1 h rrrv rr nonkini/A I I ut ununu cry^Axtrc ncrrrc PROPERTY LOCATION Site Address County Roads 15 & fRnx 121^ sr^nre) i ne .nr,^ i 7 w‘»?/VVV»A X ♦-^w'Vii.X.'VVVX/ Ai rcij \/X k7Cit TOTAL mvarc{^3)^ 55392 125,00 iZ'tr ,V) X I w*v WV f 7c: M 1 f !./• VV Property Identification Number (P.I.D.) 2 0-117 23-11 00 24 Attach legal description to application if not included f urn.’il.UM %j\/ • \/v ocrLiZiT^TUAy.v vnui\uLuxt i i nrulty i uu --7f07/^ rnAi Onf TiJ: required survey. 3^^ Attachment _________________________^---------------------Oh^OJ/ fh APPLICANT Name Richard Bloomquist Phone (home) Phone (woric) 471-8473 Address: 3333 Shoreline Drive _________ City:,, Qcaaa Zip: 55392 OHNER (if different than applicant) MGT Company Name Martin Ehlers, President_ _ _ Phone (home) Address;P. 0. Box 437 n Date Property Acquired Phone (work) <^Q7-n37-q400 Redwood Falls____Zip: 56283 (month/year) I (dxsd (do not) also own rhe adjacent parcels of land. PRESENT USE OF PROPERTY t. Present Zoning District , Pjf©sent Use of Property Grocery Store -------------------------— Othti 'specify) V V Vf DESCRIPTION OP REQUEST Estimated Construction Cost $ Describe request in detail: of store which hag b^en there Variance recuest for salt storage shed in fr VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other Permission tj leave salt storage shed in place i£ *°*Describe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations :_,This storage facility has been on site----- foe at least 15 vears> due t-o an error it was left off the dDprnved plai..---------------- iSCRIPTION OP DNDSDAL PROPERTY CONDITIONS , . Describe unusual property conditions preventing compliance wiCi. .oning Code Due to the retail operations of this business, there is no ---- other appropriate area for this storage facility.- - - - - - - - - - --— ■ . QOIRED SUBMITTALS ConiDleted Application Form Certified Property Owners List of owners within 150' (you must ootain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). _ Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) ^ ' hardcover calculations as required (provide one (1) copy 8^5 xil Topographi^survey (existing and proposed elevations) if any changes In existing grade are proposed (provide one copy 8W xll ). :S Sketches or plans of floor s elevation views (provide 1 copy 8t xll ). " A8 an addenda to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. >• Applicant and Property Owner must sign this application Pl^se »«aber that y— . . .. cosn.lete if the above Lforma-ti-on has not been included. to include "rr^ in review of this application, and certifies that the information ipplied is true and cor^Jt >^the of his,'lj^r knowledge. /'P-'?/jplicant's Signature^^s«''«^«<^^ '.'-y^------------- \S SIGNATURE M owner hereby ackowledges and agrees to this application and furth thorizes reasonable entry onto the property by City staff, consultants, ents, Commission members, and Council members for purposes of invest.ga .on and verification of this request. mer's Signature Not Available Date tolicant must have all submittals into the City offices 25 tnning Conunission Meeting. Planning Commission f ird Monday of each month. Applxcants must be presen a a ^ ^ IssioQ amd Cotmcxl. If an applicant• IMMI lird Monday l«i.ew meetings of the Planning C__----- havo table to attend a scheduled meeting, please make [thorized agent attend in your place and to advise the Bi.ldi g ffice of this change prior to the meeting. an Zoning » '-i r.' ^ ■ A f... • ^■’71 f' C ssi TJ;o _ o 3 Tj m 13 m > 3J \ < > > m Z 2 o » 6 2O 2 33 oH > »;■ ¥: ■ I i' :. ■.......... 1 ■. s ffl f.*s •• o • tn - 5--Kf* ■< iv»B- a c. z zM n m to ii Ui Q in Z VH T9 M H 75 H r- r* M 3 (n to > > -< -< oro 01 ino \M r» 0 1 M ?? 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LJ ro -< 04 is O O ;d o o ►- Vw O T3z > r 33 X 2 o _ T9 m T3 m > 30 \ > > m z O O 33 > O o Z » 33 m CD > 30s O o a > Mo N. N>oo m Z i •o*3 10 M ^ iS So M 1. k-K-:- & :;v- »x* •. b CERTIPICATK OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO ) ss I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of ,.jblic Hearing concerning the matter of #1710, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 7th day of January, 1992. P- !,v . . •" /T . ‘v4 V ■ ■ ■V f '*1 f JP . .k. 1 * ji. •y*HK ti ?. 0 »» 0 i ••••4 - 1 111 i B Mlta4m TiL 11^ \ . p, .:-lM f- ■ ^ll / j> = |j;r^-./;i ....I, /'-S~ •= // >' ‘ '• •( >>„ - • y^-:; fc—«^' — .1' • 0^5'* '/A »'6u :) D T<m ^ 2 < Vi S $ 1 “ 2 2 «*> a Of b. X Ca^RD. 15 Ui w% t •~x CO. RO. IS varHlt^ft wTdrn ' liAtKTOP N UNC tract D ------Na7***J 5« r 3;a 00 - - : ^1^00 < ‘-■’o ’«wS . -»A^iLrv WITH ♦IT7T2-— ■ •[fi Li 15 1 ■ \ I i i—: ... O / /"•;•> V.4;5; ' ‘V \ « ___ v.¥tT»; fcL4^;v. . Wi<^ '■ / A k'S:'*- \'-..-Ay.' Ax.-V'., \" .A .x-A .N V'’-'. \ ' ‘ A/*. o rm. "A J__ J I I JJ \ ^ _ _iy NO 3 v*.9 % -r— +- A 3v«»1$/« utili Tt Evni*\ -a • ■-. \ ^ -k 2<j ^p—T?iCUC^Uii If 112 - /■A,', ' V >' \ N I 5T0«y rowc b\ock ; Surti^vAv. j FLOOR IL. 9V 7 0 -■ 'r ' —^ / \' V' N § *N sfUToti" t fck *;»’;p E 2EE . ''' r ** -..rro \ * «' v-' I mN-- — * Vi* •*5»>:^'*.w '*r.';«;.• ** J*W, 2 79 %2 i *- t I * > •;?? L.S. i’* > >»^ /. --•* •* *• * I ake" Short ' ntia * i-r'iqui 4 ^IIO^ION COOrmOi: FENCS \ ftm. 1 —<••♦r TO: f PROM: rr:« DATE: RE: F- r- ¥r :-V ::^:- ■. ISi- W ’I'.’iv-, »•■> r-I- I? s? it.. h- I I¥: ^ ■Ts>.. Orono City Council Step^'en Weckma’" On-Site SysteiDS Manager January 17, 1992 V ./ ^ //V, Proposed Changes to the Orono Municipal CoJe R'’ Vv<^ to On-£ite Sewage Treatment Systems 'C’ % Orono's On-Site Sewage Treatment Code xs in need of revision. Since the septic code was last: revised in ’^78, construction techniques and State of Minnesota minimum requirements ha'e changed considerably. Our existing "On-Site Sewage Treatment System Design Manual" (Resolution #894) is out of date. The Minnesota Pollution Control Agency is moving towards a state-wide acceptance of the "Individual Sewage Treatment Sys*-ems Stand rds Chapter 7080" within the ne*;t few years. Chapter 7i’j0 is already mandatory in shoreland areas. (Chapter 7080 replaced the "WPC-40" state recommended code of the late 1970's, on which our current code was modeled). The purpose of this memo is to describe the changes proposed to bring our code up to date. In Section 5.37 we propose that all septic installers licensed in Orono have at least a provisional "Individual Sewage Treatment Systems Certificate" issued by the MPCA. Previously we did not require this because the ^tat'^ certification program was not widely publicized and many contractou; were hindered by not being able to readily obtain a certificate The certification program is now past its infancy and virtually ail local sep>tic contractors have been trained and certified by the State. Requiring them to have a certificate insures us they have at leas^ this minimum training. A new section. Section 5.38, will be added requiring the licensing of site evaiuatois/system designers. This section is beina added to assure a minim/m standard of competence, since proper site evaluation and system design is one of the most critical phases of development with septic systems. Staff .s long felt that the City needs a tool such as licensing to deal wiu.i site evaluators who consiste"‘tly submit unsatisfactory work. Unfortunately, the ability of the State to revoke a certificate has yet to become a reality. In Section 12.30, Subd. 1, a number of definitions have been r* vised to match the definitions in the MPCA Regulations Chapter 7080. Some definitions were dropped from our list as they would be an excessive duplication. The various definitions of systems categorized by design definitions, construction status definitions, and conformity definitions, have been reorganized and in some cases renamed to be more clear in intent and consist ant wif^ Chapter 7080. Penally, all definitions were purged of regulatory language or standards, to make them pure definitions. All regulatory language or standards was then inserted ir the appropriate regulatory cede sections. Memo January 17, 1992 Page 2 In Subd. 4 (B) under "Jurisdiction ” a provision was added requiring that all septic tanks no longer in use be pumped out and filled with native soil. This eliminates the potential of abandoned septic tanks collapsing. A new Snbd. 4 (C) was added to specifically prohibit surface discharge. Pre-existing Sections C through P were then re lettered as O through G. Subd. 4 (F) and (G), "Building Permit App 1 icat-ions" and "Subdivision Application", are revised by more :?pecifica 1 ly detailing the soil testing requirements for each application. A major change is that site evaluation will be required for all lots being created which are no longer further subdividable under the current code. This will now require testing (but not necessarily a system design) for new lots created in the 5 acre zone. The code is also clarified to require that a system design be submitted as part of the subdivision site evaluation process for any new lot less than 5 acres in area. Given the relatively more sensitive or marginal lands remaining for development in the City, this will help to ensure that appropriate development occurs Subd. 5 has been completely redesigned. This section formerly referred to the "Orono Design Manual" for all construction and system design specifications. Since the MPCA's Regulations Chapter 7080 will now be referenced instead of the Design Manual, this section will contain those Orono requirements which historically have been more strict or more detailed and "m.unicipality-specific" than the Chapter 7080 Regulations. Our requirements are more strict in site evaluation procedures and reporting requirements, setbacks. pump station requirements, site limitations for mound systems and trench drainfields, and construction procedures. A significant point of departure between the Chapter 7080 standards 2uid our previous code is the allowed ground slope for mound systemic. The State continues to expand the upper limits of slope on which mound systems can be expected to function adequately. This expansion is based on what staff feels is inadequate research. Orono's current Code limits mound construction to 6% or flatter slopes, with the exception that slopes up to 12% may be considered where virtually no other possibilities are available and soil conditior*^ are thoroughly investigated and found appropriate. The State would allow mounds on slopes in excess of 12%, which we have found to be prone to failuie in Orono's typical clay loam soils. The proposed ordinance revision limits mounds to 6% slopes unless a variance is allowed by staff based cn acceptable justification. Subd. 5 revises the system conformity classifications to be consistent with Chapter 7080. While our current code since 1978 has classified systems as conforming, substandard, or non-conforming/fai 1 irg, the City inspection reports have always carried a four category system r f k Memo January 17, Page 3 1992 ih.¥-.-k ''h . ' 4^5 ■ f' I ^':V'vr I-1^ • p- I I, 5- ■' ■/■•I.' .A>h if =v- which provides two levels of "substandard” systems. The new definitions of "code system", "conforming system", and "non-conforming system", are consistent with Chapter 7080 and will perhaps be less confusing to property owners in attempting to understand the meanings of the inspection reports. In Snbd. 6, "System Operation, Use and Maintenance", the only change is to revise the threshold at which sludge buildup requires tank pumpout, to be consistent" with Chapter 7080 Regulations. Sttbd. 7 (D), "Special Provisions for Lake Minnetonka Islands", is slightly reorganized for clarity. The non-conformity standards are tightened up to require that non-conforming systems and illegally constructed or located outhouses be made conforming within one year of notification of that non-conformity, but in any case no later than two years after the ordinance is adopted. Our current code had a five year grace period for resolving non—conforming systems, which ended in 1988. Most problem systems identified under the previous code ipterpretations were resolved by that date. The more restrictive standards of Chapter 70S0 and the new Shoreland Regulations will likely result in additional Big Island systems becoming non- conforming. In general. Big Island systems receive minimal use and have not in the past been a problem of high priority. Subd. 8 discusses the inspection program and its funding. To be consistent with past practic' and in light of the slowly but steadily increasing number of existing systems to be inspected, Subd. 8 (B) has been revised to require that "code" and "< onforming" systems be inspected by the City at least once every two years. The new definition for "conforming system" and our old definition of "substandard system" are equivalent. Our past code suggested that fully conforming (or "code") aystems be inspected every two years, and substandard systems be inspected yearly. Given the hii.tory of the program and the nature of the inspection process, staff feels that inspecting half of the existing systems each year is a reasonable and realistic program goal, and will allow for the necessary followup to ensure completion of repairs as well as inspection of new systems. The language regarding collection of the annual service charge was changed slightly to revise the due date and delinquent accounts process to rnsatch the current Finance Department practices. A "Severability" clause was added in Subd. 10 as boilerplate. Throughout the code, based on consistency with Chapter 7080 wording, the word "septic" has been replaced with "sewage" in the appropriate places in the code. Also, certain other wording changes to clarify a meaning have occured but were not discussed where they do not change the effect of the code. " I" 'MemoJanuary 17, 1992 Page 4 The proposed septilc code changes will update our ordinances to be In compliance with the DNR Shoreland Regulations as well as upgraded to current industry”wide accepted standards. The adoption of the uppropriatfe Chapter 7080 Standards and incorporation of certain elements jf the "Orono Design Manual" into the body of the ordinance vill result in a more functional code structure. . 1 i' S'-i’ ' v!?i f- l‘*f**i» h > ■. • •.X- Jy:< iIrA. i ; fir. " ' ii:r^i£^u ORDIHANCB #SECOND SERIES AN ORDINANCE AMENDING SECT.!ON 5.37 OP THE CITY OP ORONO MONICIPAL CODE RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS CONTRACTOR, AND ADDING SECTION 5.38 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS SITE KVALDATORS AND DESIGNERS, AND AMENDING SECTION 12.30 RELATING TO ON-SITE SEWAGE TREATMENT SYSTEMS. The City Council of Orono does ordain: SECTION 1. Chapter 5 of the Municipal Code of Orono is hereby amended by amending Section 5.37, Subd. 4 to read as follows: Subd. 4. MPCA Certificate. Applicant shall hold a current. "Individual Sewage Treatment Systems Certificate" issued by the Minnesota Pollution Control Agency. Applicants holding a 'provisional' certificate shall be subject to staff review of the applicant to determine their competence. SECTION 2. Chapter 5 of the Municipal Code of Orono is hereby amended by adding Section 5.37, Subd. 5, as follows: Subd, 5. Approval by Council. Applicant shall satisfy the Council that the applicant is qualified by training and experience to engage in the business of constructing or pumping on site systems in accordance with the requirements of the On-Site Sewage Treatment provisions of the City Code. SECTION 3. Chapter 5 of the Municipal Code of Orono is hereby amended by adding Section 5.38, as follows: SEC. 5.38 ON-SITE SEWAGE TREATMENT SYSTEMS SITE EVALUATOR AND DESIGNER. Subd. 1. License Required. Tt is unlawful for any person to engage in the business of on-site system site evaluation and system design withour a license therefor from the City. This license shall be a separate license from the "On-Site Sewage Treatment Systems Contractor" license. Subd. 2. License Fee. Licenses provided for in this section shall be issued only upon payment in full of the license fee fixed and determined in accordance with City Code Section 1.05. Subd. 3. MPCA Certificate. Applicant shall hold a current "Individual Sewage Treatment Systems Site E/aluator and Systems Design Certificate" issued by the Minnesota Pollution Control Agency. Applicant holding a 'provisional' certificate shall be subject to staff review of the applicant to determine their competence. :• . iw ! ' • I ’ £■ >^rr. ■f:' ¥■ i';. f'if' ii H. ■XUI*- •' m V r s •■.,• ■-K'. ¥■: V, :S' Subd. 4. Approval by Council. Applicant shall satisfy the Council that the applicant is qualified by training and experience to engage in the business of site evaluation and system design in accordance with the requirements of the City Code. SECTION 4. Chapter 12 of the Municipal Code of Orono is hereby amended as follows: A. Section 12.30 of the City of Orono Municipal Code is hereby deleted. A new Section 12.30 is added to read as follows: SBC. 12.30 ON-SITE SEWAGE TREAT! Subd. 1. Statement of Purpose. The Council is concerned about the manner in which sanitary sewage is disposed of and the effect of such disposal upon the City. Recognizing the need to regulate those systems and facilities intended to be used for the disposal of sewager and pursuant to the powers and jurisdictions vested through Minnesota Statutes and other applicable laws. City Code provisions and regulations, the City does hereby adopt this Section for the following purposes: A. To provide minimuri standards and criteria for the design, location, construction, use and maintenance of all on site sewage treatment systems (hereinafter "systems") within the City. B. To protect the land, water and other natural resources from pollution, impairment or destruction. C. To protect the public health, safety and general welfare of the residents and citizens of the City. D. To prevent the discharge of inadequately treated sewage to ground or surface waters. E. To prevent the flooding of or flood damages to operating systems. F. To prevent the premature extension of costly municipal sewer and water services consistent with the adopted Comprehensive Land Use Plan of the City. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1, "Building" - Every building, structure or place Intended ^or human habitation or use as a dwelling or agricultural, commercial, industrial or other establishment. 2. "Cesspool" - An underground pit into which raw sewage or other untreated waste is discharged and from which the liquid seeps into the surrounding soil. 3. "City Sewer" - A sewage collection system terminating in a treatment plant or Metropolitan Waste control Commission facilities, and not utilizing septic tanks or soil treatment and absorption areas. 4. "Construction" - Any action which in any way P 'Pk - IK ■C-- i-SN- t. *> 'h‘ ■ .'• • » *. ■.: ii'I' S-" ’'i ' ’ w-'X-ir': Lvi.'v-:k- »r ,•„-. •r: I' t’- ’ 6r'. < . 1 affects the physical components of any new or existing system, including construction, installation, extension, alteration or repair, not to include pumping. 5. "Contractor" - A person licensed under the provisions of the City Code to engage in the Y jsiness of system construction and pumping. 6. "Disposal" - The evaporation or absorption of purified liquids after treatment of the raw sewage. 7. "Holding Tank" - A water tight tank for storage of sewage until the sewage can be tran ;ported to an approved off~ site point of treatment and dispo'jal. 8. "Inspection Report" - The official report of the results of the inspection by the City, including any official orders to repair or replace non-conforming systems. 9. "MPCA Regulations Chapter 7080" - Minnesota Pollution Control Agency Individual Sewage Treatment Standards Chapter 7080. 10. "On-site Sewage Treatment System" (hereinafter "system" or "on-site system") - A device or series of intercon nected components designed, installed and maintained for the pur pose of safely treating and disposing of sewage and domestic wastes from a dwelling or other establishment oi group thereof, whenever such system is not part of a central sewer system. (a) System Design Definitions: i. "Standard System" - An individual sewage treatment system employing a building sewer, sewage tanks, and the soil treatment system, consisting of trenches or mounds which are constructed on original soil which has a percolation rate equal to or faster tl- i 120 minutes per inch. ii. "Alternative System" - Alternative systems include modified standard systems (seepage beds, curtain drained systems) reduced area systems (aerobic tanks, separated toilet waste and greywater systems, seasonal use systems); advanced alternative systems (mounds with percolation rate slower than 120 mpi, collection systems, other systems such as toilet waste treatment devices, etc.); and holding tanks. iii. "Prohibited Systems" - Cesspools, dry wells, leaching or seepage pits, and privies. (b) System Construction Status Definitions: i. "New System" - Any proposed system or any newly constructed system, which construction takes place after the adoption o this Section, shall be a "new system" until the time of final inspection and approval by the City. ii. "Existing System" - Any system con structed and in use prior to the adoption of this Section. "New 3 V T r: p1^- ¥ ‘•i , 'I n I'--' systems" shall become "existing systems" at the time of final inspection and approval by the City. (c) System Conformity Definitions; i. "Code System" - A system which meets all the location, design and construction standards of the current City Codes, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any pollutants into ground or surface waters. ii. "Conforming System" - A system which does not meet all the location, design and construction standards of the current City Codes, but was installed according to the code in effect at the time of installation, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any pollutants into ground or surface waters. iii. "Non-Con' rming System" - A prohi bited system; a system located within a designated 100-year floodplain; any system which may or may not meet all the location, design or construction standards of the current City Codes and which is failing for any reason; and any system with less than 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics. iiii. "Failing System" - Any system which is being used beyond its capacity or for any other reason has failed to treat properly and/or dispose of the entire current input and is therefore; (1) Discharging pollutants, or any liquid, to the surface of the ground cr the ground water or to any lake, stream or other body of water; or, (2) Not accepting sewage input from an occupied building; or, (3) Creating a safety hazard due to unprotected or improper construction or maintenance; or, (4) Creating a public nuisance in any manner. 11. "Owner" - Any person having legal or equitable title or sufficient proprietary interest in any building or land subject to the provisions of this Section. For purposes of notification, the owner shall be the occupant of the property or the person listed as taxpayer on the curren tax rolls. 12. "Pollutants" - Bacterial or chemical impurities including pathogenic bacteria, infectious viruses, toxic chemicals, excess nutrients (nitrogen and phosphorous), unpotable water, or septage. 13. "Privy" - An outhouse, a cesspool enclosed by a building, typically not served with running water. 14. "Pumping" - The removal by gravity, syphon or mechanical means of any liquid or sep.age from sewage or holding tanks. ^1- 15. "Seepage Pit or Leaching Pit or Dry Well" - An underground pit into which a sewage tank discharges effluent or other liquid waste and from which the liquid seeps into the surrounding soil through the bottom and openings in the side of the pit, including sewage tanks which are not watertight. 16. "Septage" - Those solids and liquids removed during periodic maintenance of a septic or aerobic tank, or those solids and liquids which are removed from a holding tank. 17. "Septic Tank" - Any watertight, covered receptacle designed and constructed to receive the discharge of sewage from a building sewer, separate solids from liquid, digest organic matter, store septage through a period of detention and to allow clarified liquids to discharge for further treatment in another septic tank or to a soil treatment system. 18. "Sewage" - Any water carried domestic waste, exclusive of footing and roof drainage, from any dwelling or othe- structure. Domestic waste includes liquid waste produced by toilets, bathing, culinary operations, and the floor drains associated with these sources and specifically excludes animal waste and commercial or industrial waste water. 19. "Site Evaluator/System Designer" - A person licensed under the provisions of the City Code to engage in the business of sewage treatment system site evaluation and design. 20. "Soil Treatment Area" - That area of trench or bed bottom which is in direct contact with the drainfield rock of the soil treatment system, and for mounds, that area to the edges of the required absorption width and extending five feet beyond the ends of the rock layer. 21. "Structure" - Anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground. 22. "Treatment" - The purification of raw sewage by the removal or neutralization of pollutants through separation, bacteriological processes, biological and physical filtration, and gasification. Subd. 3. Terms Not Defined Herein. Words and terms not defined herein shall have those meanings as set forth in the Zoning Chapter as amended, the Subdivision Chapter as amended, and MPCA Regulations Chapter 7080. Subd. 4. General Provisions. A. Tr^^tment Required. All sewage generated within the City shall be v-^^posed of by connection to the City sewer !■ I; Vi'it F %::^x [.• '• i- 1?-^ V r.i- ^r.. ili i!" t r I- NV'’.' 'r . U I, #' r f i:" h- system or shall be treated and disposed of in an on-site system according to the provisions of this Section. B. Jurisdiction. The provisions of this Section shall apply to the method of sewage disposal from every building within the City intended for human use or habitation, whether such use is permanent, temporary or seasonal, regardless of the date of original construction or use. 1. The owners of all buildings where City sewer is available or becomes available, shall connect the buildings to the City oewer within 16 months of the availability of the sewer according to the provisions of the City Code. 2. At the time connection to city sewer is completed all existing septic tanks no longer in use shall be pumped out and filled with native soil. 3, The owners of those buildings which have been completely connected to City sewer shall be exempt from the maintenance and inspection provisions of this Section. C. Surface Discharge. Unless specifically permitted by MPCA and the City of Orono, sewage, sewage tank effluent, or seepage from a soil treatment system shall not be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any rock or soil formation the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground. All new or existing systems which discharge to surface waters or the ground surface must ob ain either a National Pollutant Discharge Elimination Syste... (NPDES) or State Disposal System Permit from MPCA and shall comply with all federal, state, and City requirements pertaining thereto. D. Standard System Required. In areas not served by City sewer systems, sufficient open land of suitable soil characteristics shall be provided for each new or existing building to allow for the design, construction and use of "standard" c n- site system within the property or on which such building is located. Standard systems are the only new sys^-.ems permitted by this Section without a variance thereto. 1. permitted except by variance. 2. shall not be s h a 1 1 not be E. Variances. Should the City find that any of the provisions of this Section are riot applicable to the design, location, or construction of a specific system, or would cause unnecessary or unintended hardship to the owner, t’ City may permit such variations therefrom as are not contrary to rhe intent ;4,v . i wr-. '■i‘. ■ii.. r a h [KV. and purpose of this Section or ether applicable law. 1. Variance applications shall be reviewed by the City upon written request of the owner or the owner's agent. 2. VariancGSf when approved, shall be subject to all conditions and requirements established by the City at the time of approval or thereafter. 3. Alternative system designs shall be reviewed by the City who shall approve, conditionally appro^^^e or disapprove cf the proposal. The owner shall submit complete site evaluation, design, construction and material spedfications as required by the MPCA Regulations Chapter 7080 and the City. The owner shall pay all costs incurred by the City in the review of the propos'jtl . 4. Site limitations including soil characteristics and lot size -nay require Alternative System design for the repair, alteration, extension or replacement of existing systems, or for the construction of new systems on lots of record as of the date of adoption of this Section. In such cases, the City shall have authority to approve, conditionally approve or disapprove the proposal. 5. Subdivision proposals may include Alternative Systems for one or more proposed lots. In such cases, the City's review and recommendations shall be forwarded to the Planning Commission and Co> ncil for inclusion in the review of the preliminary plat. The Council may approve, conditionally approve or disapprove of the proposal and may require that the proposed subdivision be redesigned to reduce or eliminate the use of Alternative Systems. F. Building Permit Applications. No building permit shall be issued by the City for any new building which will be connected to a new on-site system until the site evaluation report and system design specifications as required by the MPCA Regulations Chapter 7080 and the City Code have been reviewed and approved. Where the construction of additional bedrooms, installation of mechanical eouipment, or other factors likely to affect the operation of thr svstem can be reasonably anticipated, the installation of a system for such anticipated need shall be required. No building permit shall be issued unless primary and alternate drainfiexd sites have been tested and approved. No building permit or plumbing permit shall be issued by the City for any expansion or alterarion of a building or use connected to a., existing on —site system, until r’ch system has been inspected and certified by the City as being in compliance with this Section. Whenever the addition of bedrooms or plumbing fixtures, or a change in the character or intensity of the established use is proposed, the City may require he review and/or rep lacemerit, repair, alteration or expansion of the ex ‘.sting system or ar portion thereof . ? 1 ‘ f r}- r ■ Vr. 5?v R. r fc ’• “V ^■;l G. Subdivision Applications. No subdivision/ lot division or replatting for the purpose of creating a new building site/ which property includes the use of on-site systems/ shall be approved by the City until a site evaluation report and system design when reguired has been reviewed and approved, and all existing systems have been .-nspected and certified by the City as being in compli ince with this Section. 1. Each new lot which is not further subdividable under the lot area standards of the zo..?nq code, shall have tested and a»^proved primary and alternate drainfield sites. 2. Each new lot containing less than 5 acres in dry buildable area shall have tested and approved primary and alternative drainfield sites. 3. For all lots containing less than 5 acres of dry buildable area, the site evaulation report shall also include detailed system design specifications as ii*-»rmally required for building permit applications. 4. For each proposed lot, drainfield sites and system designs shall be capable of serving a 5-bedroom home (750 GDP Design Flow Rate). 5. As part of any subdivision, the owner shall grant to che City in a form approved oy the City a perpetual right of entry to allow for the future inspection of all systems, which right of entry may be filed in the chain of title for the property- Subd. 5. System Design and Construction. All system permit applications, site locations, design specifications, construction methods and material specifications shall be according to the minimum standards and criteria listed in MPCA Regulations Chapter 7080.0110 - 7080.0210, with the following additional minimum standards: A. Site Evaluation. The proposed site of every new system or altered or expanded existing system shall be investigated by a qualified site evaluator who '’rail prepare and submit a report to the City therein identifying relative site elevations and locations on a plot plan; water table depth, soils ana soil characteristics; tabulating the results of required soil borings and percolation tests,, describing the testing methods and equipment used; and generally evaluating the suitability of he site for system construction and use as stated in MPCA Regulations Chapter 7080. Site evaluation shall be prepared and signed by a MPCA certified site evaluator, including the site evaluator's certification number. The site evaluator must also be licensed to operate in the City of Orono. following; The site evaluation report shall include the 1. Soil Borings. Soil borings must be taken 8 ‘ * '♦;• •■•'''“iL'‘■'’ ',.r.T-^ ■■ i.: •• V' ■ ■ t-Tv ;.v-‘. ^4';' »■ W' r,-''Itv' ir i- k f / ’ ^■. !-.,• i j' V to a depth at least 5 feet below any proposed soil treatment feet below the highest water table or mottling indicato . feet below tne g number of soil borings necessary for the soils. (a) For new systems, at least three soil borings shall be made within the primary drainfield area and three soil borings within the -t least three soil borings shall be made least one soil boring shall be made in the expansion area. 2. Percolation Tests. The number of Eri::'ts\\^ m?n\U"^:gufrem^e°n\."‘’Add^^^^ be requested by staff due to questionable soils. (a) For new systems, at least three nercolation tests shall be “if and three percolation f ®Id replacements at least three percolation tests f ^ at least one percolation test shall be made in the expansion area. 3. Plot Plan. A scale drawing of the ent_re lot showing the following: a All property lines and lot dimensions. d. Rr^^ttive elevations of house, lot corners and drainfield e. SlopVof ground at drainfield sites by contour lines or direction arrows and slope percentages. nrr<? irtrfd"en?^fy^n^g \f^\t"°v^^%ro"unl°e\evations g. Primary*and alternate drainfield areas to - -r--ty \-n\Lrsh or drainage channel within 75 ft. of any parr the system. B Svstem Design. System design speci i. ications shall include p;oposed sewage tank capaerty, minimum information necessary ?rasfurTthrcTty\.h?t\"he^system is designed and will be ; • constructed to receive, treat and dispose cf all of the sewage from the building served. Footing or roof drainage, garage floor drainage, toxic chemicals, flammable liquids, animal wastes, commercial process water and commercial kitchen grease shall not enter any portion of the system but shall be separately treated and disposed of according to the applicable regulations of the MPCA, the Minnesota State Board of Health and the City. 1. Setbacks. The minimum setback distance requirements are as follows; Feature Sewace Tank and Soil Treatment Area 'X' Water Supply Well Wetland Lake: General Development Recreational Development Natural Environment Tributaries, Streauns Driveways, Sidewalks, Decks, and other Hardcover Property Lines, Buildings and Buried Pipes Lawn Sprinkler Systems 75 75 75* 100 150 7 5 20 20 ' 10 • 2. Sewage Tanks. The minimum sewage tank size require--. nts are as follows: No. of Bedrooms Tank Licuid Capacities (Gal. ) T ••>}’4 or less I* • '*,1 5 or 6 7, 8 or 9 10 or more 1000+1000 Regardless of garbage disposal use 1250+1000 1500+1500 Sewage tanks shall be sized as "other" establishment per Subp. 3 Sec- B in MPCA Regulations Chapter 70R0.0130 ‘ 3. Pumping Stations. In order to standardize installation and electrical connection methods, the following pumping station requitements must be met in addition to Regulations Chapter 70d0; (a) Electrical Connection. (1) A water-tight, lockable electrical box must be mounted on a 4x4 inch treated redwood or cedar post. . ^ ,(2) All electrical connections shall be made within the box. Pump connection must not be made using a direct line (plug in only). wire entry to the electrical box s..a.Ll be sealed with putty. , , .(3) Alarm and pump floats shall be . ' • r. . ‘.Li mS!'-' h' %'■■■> ’A^ ‘ '' \* 4- |j^-' 1"^k on separate electrical circuits. (4) Electrical wire from power supply must not run over any tanks but must be laid beside the tanks and placed in conduit along the electrical post. (5) Electrical cords from the pump and floats must be run through a 2 inch PVC conduit (Schedule 80). Wires must not have ground contact. fi-' I y If- WM-PiifV'k iiv tel-. Im-kk' t -•!.•.'.:V. ■•* ' ' ■ - ■ .V ■•' -1-.. ' ■■ ■ . -<r-: ■■ - M' -•- --k '■k (b) Pumping Chamber. (1) Effluent pipe exiting the pumping chamber should be laid on a uniform slope up to the soil treatment area for proper drainback. If the pipe at the tank must be lower than union to get elevation for drainback, a 1/4 inch weep hole must be used. (2) When the soil depth above the pressure distribution pipe is less thai 3 1/2 feet, insulation must be added to achieve an insulating factor equal to 3 1/2 feet of soil to decrease the potential for freezing (styrofoam or concentric piping are acceptable methods). Piping under hardcover such as tennis courts or driveways shall receive an additional 1 foot of soil cover or equivalent insulating factor. (3) A reserve capacity equaling 75% of the anticipated daily flow must be allowed in the pumping chamber between the alarm activation level and the pump tank inlet. 4. Drainfields. (a) Trenches. Trenches must meet MPCA Regulations Chapter 7080 and may not be located on slopes greater than 18% without variance. (b) Mounds. Mounds must meet MPCA Regulations Chapter 7080 and may not be located on soils with percolation rates slower than 120 mpi nor on slopes greater than 6% without variance. C. Conformity Standards 1. New systems shall be located, designed and constructed as code systems. fmk 2. When an existing code system is repaired, altered, or expanded, such system shall remain a code system. Conforming systems, when repaired shall be upgraded to a code system status whenever such classification is reasonably attainable. ■kf if iv. p ■ I-i k'k i 3. Existing non-conforming systems shall be replaced by code systems whenever such classification is reasonably attainable. If a code system is not achievable due to soil, water table, or lot limitations, the system may be replaced or repaired such that it becomes a conforming system. D. Construction Procedures. 1.Protect Absorption Area:Proposed t ii’'- Sifft'' 11 ■mi j■ ‘V>,r : V - Vr • i/Itr‘; k- [M- i ^ m' \< ' i-* 'I?:k;-. fI'I ;f^.te !■■ V’^v. r: wift =:v ;if:•' f.' ' Is, K H'-: drainfield absorption areas shall be identified and marked off on the lot at the time of the site evaluation and prior to any construction or grading occurring in the area. The drainfield area shall remain undisturbed until drainfield construction is commenced. No vehicular traffic shall be allowed in the drainfield area either before or after drainfield installation. 2. Favorable Weather Required: Drainfield absorption area or trench construction must not proceed if the area Is wet or has had rain within 48 hours. Mound or trench construction shall not proceed unless the soil moisture content is below the plastic limit. 3. Construction Inspection Required: The contractor issued a permit for on-site system construction shall perform all work according to the design specifications approved by the City for each particular system. All subsurface work including building sewer, sewage tanks, distribution system and soil treat ment area shall be inspected by the City Inspector prior to backfilling or covering of any portion thereof. It shall be the responsibility of the contractor to notify the City at least 24 hours prior to the time an inspection will be required, and it shall be the responsibility of the contractor to ensure that the inspection is accomplished and the construction is approved prior to any backfilling, covering or continuation of the construction. Subd. 6. System Operation, Use and Maintenance A. Existing systems require prudent use and proper maintenance to ensure that each system will continue to treat and dispose of the entire sewage input and operate in conformance with this Section. Therefore, this Section provides for certain maintenance standards and regular monitoring of all systems within the City. B. Owner's Responsibiit>. It shall be the respon sibility of each property owner to demonstrate that the on-site sanitation device or system in use or existing on his property is in conformance with all requirements of this Section; that the device or system properly treats and/or disposes of the entire sewage input generated on the property; and that the device or system is adequately and properly maintained at all times. If unpermltted non-conforming, mislocated, or failing devices or systems shall be found by the City because of complaint and/or routine Inspection, correction orders shall be issued by the Building Official or On-Site Manager requiring repair, alteraticpn or replacement in strict accordance with the requirements of this Section. Failure of any owner to obey such a lawful order shall be cause of the City to initiate legal actions including condemnation of all occupancy of the property pursuant to Minnesota Statutes 463.15 et seq. C. System Use. All owners using or controlling the use of any on-site system shall use said system in a prudent manner, shall control the volume of liquid discharged into the ii ■12 •iim, 5^F\;-S^ ■ *^V'. Vf':: Wl • lfe’ system consistent with the design capacity, shall strictly limit the discharge of shredded garbage, residential kitchen grease or other solid matter into the system, and shall prohibit the discharge into the system of footing or roof drainage, garage floor drainage, toxic chemicals, flammable liquids, animal wastes or commercial process water and commercial kitchen grease. D. System Maintenance. All owners using or controlling the use of any on-site system shall perform the following maintenance functions: 1. System Location: Within twelve (12) months of the effective date of this Section, a diagram shall be prepared and thereafter kept on the property showing location of the system including the sewage tank(s), distribution box(es) and soil treatment area. 2. Annual Inspection: Within twelve (12) months of the effective date of this Section, and at least once between March 1 and June 30 of each succeeding year, the inspection manhole and the inspection pipe of every sewage tank and holding tank shall be opened and the depth of the scum and sludge accumulated in the tank shall be measured. Whenever existing sewage tanks are not provided with inspection pipes, the owner of said tank shall install same within twelve (12) months of the effective date of this Section. At the same time that the septic tank is opened for inspection, each distribution box shall be opened and any accumulated solids shall be placed in the septic tank for treatment. 3. Regular Pumping: Sewage tanks and/or upholding tanks shall be regularly pumped of septage as provided by this Section. p^' If 4. Owner's Records: Full and accurate records shall be kept on the property which records shall list the date of every sewage tank or holding tank pumping, the contractor responsible for the pumping and the gallons removed, the date and nature of all system repairs or cIterations occurring after the effect've date of this Section, and shall include copies of the most recent City Inspection Report classifying the operation of the system. f 00i:: mm p- E. Sewage Tank and Holding Tank Pumping. It is unlawful for any person pump or remove any septage (liquids or solids) from any sewage tank or holding tank without complying with the requirements of this Section. 1. Required Pumping: The owner of each sewage tank or holding tank shall cause said tank to be pumped for the removal of septage when required by one or more of the following provisions: (a) Sludge buildup: Sewage tanks shall be pumped whenever measurement of the tank indicates that the top S' iV' r t^:ri- I' .? .Vfeu ,,. iU', r- ■^A<::1. S I |v-tT if' i.. Sr p- Ai •■ S'V :>' ;A- y |:;_ =} K^■ Ah-=v '?-. I7'= Vi. [*■■ i®'-V pf' pumAIrih of the sludge layer in the tank or any compartment thereof is less than 12 inches below the bottom of the outlet device or the floating solids layer is less than 3 inches from the bottom of the outlet device. (b) Regular pumping: No sewage tank shall remain in service without being pumped at least once every three years» w'hether or not measurement indicates a sludge buildup. Each existing soptic tank shall be pumped at least once within 36 months of the effective date of this Section and thereafter at least once within 36 months of each succeeding pumping. (c) System failure; Non-conforming systems discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. (d) Holding tanks: Holding tanks shall be pumped on a regular basis and in all cases shall be pumped before overflowing occurs. 2. Contractor Required: All sewage tank and holding tank pumping shall be performed by licensed contractors. 3, Offsite Disposal Required: All septage removed from sewage tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in a sanitary location anu manner according to the requirements of the Metropolitan Waste Control Commission. 4. Registration Required: Each pumping of every sewage tank and holding tank shall be registered with the City on forms provided for that purpose, within seven (7; days of the pumping. The contractor shall certify to the City tne owners of the property, property address, date of pumping, gallons removed and location of sanitary disposal. Failure to register any pumping with the City shall be cause to revoke the contractor's license and/or forfeiture of the bond and may result in the City Inspection Report's classifying the system as non-conforming. Subd. 7. Special Provisions for Lake Minnetonka Islands. All lots, properties, buildings and structures on Big Island, Mahpiyata Island and Deering Island, Lake Minnetonka, shall be pro vided with on—site sewage treatment systems conforming to the requirements of this Section, as amended by the following special provisions and specific exceptions pertaining to island properties. A. Systems Not Required. Vacant property or property used solely for one—family seasonal recreational use of land without structures, or with accessory structures only, as permitted in the "RS" Zoning District, need not be provided with an on-site sewage treatment system provided that at any time such property is actually in use by one or more persons for overnight or longer stays that an approved marine toilet or portable holding- tank toilet shall be available on the property or within a watercraft docked or moored at the property. B. Outhouses Permitted. Notwithstanding other ¥ > •».f prohibitions against privies, outhouses or pit-type toilets, these devices may be used on property in the "RS" District subject to the following restrictions: for: square feet in floor area 1. Outhouses may be used only on property used (a) Seasonal dwellings of le^s than 800 (b) Seasonal recreational use of land without structures, or with accessory structures only. (c) Any other permitted or conditional use only upon approval of a variance issued by the Council. 2. Outhouses shall be dry with no water plumbed~in. 3. Outhouses shall be constructed in accor dance with MPCA Regulations Chapter 7000.0210 Subp. 4, except that sealed vault type outhouses shall not be permitted. 4. Outhouses shall be located as per MPCA Regulations Chapter 7080 as modified by this ordinance. 5. Existing outhouses not conforming to any or all of the above requirements shall be abandoned, filled-in and the superstructure removed within 1 year of notification that a non conformity exists, but in any case not later than 2 years after the effective date of this subdivision. 6. It is unlawful for any person to construct, 'nstall or relocate an outhouse without first obtaining a permit from the City as required for other on-site systems, except that outhouse permits may be issued to the property owner as well as to licensed contractors. Permit applications shall specify location, setbacks, pit design and pit elevation above the highest water table indicator. At least one soil boring in the location of the outhouse shall be provided by a MPCA certified, city licensed site evaluator. All work on outhouses including construction, installation, alteration or relocation shall be subject to inspection and approval by the City to ensure compliance with the requirements set forth herein, including without limitation proper design, construction, sanitary setbacks, depth to water table and soil types. C. Alternative waste treatment devices are permitted in lieu of an outhouse on any property where outhouses are permitted pursuant to Subparagraph B above, or where otherwise necessary to provide toilet waste disposal for an existing dwelling where a conforming outhouse or on-site sewage treatment system cannot be installed. Such devices shall include incinerating devices, composting devices or small portable holding-tank toilets which are carried to the mainland for disposal in a sanitary sewer system. Alternative systems shall be subject to review and approval by the City. D. On-Site Sewage Treatment Systems Required. "' if i t ' •« ■ 1. J:- .Mn:- C' •- I' V r 1. A complete on-site sewage treatment system including plumbing fixtures, two sealed sewage tanks and dirainfleld designed, constructed and maintained in full conformance with the On-Site Sewage Treatment Code is required on all properties in the "RS" District as follows: (a) Serving all structures containing a principal dwelling. (b) Serving all properties containing two (2) or more dwellings pursuant to a private guest cabin conditional use permit. (c) Serving all seasonal dwellings over 800 square feet in floor area. 2. Serving all dwellings, buildings or structures containing a water-activated toilet regardless of the type or duration of use or occupancy. 3, Any dwelling, building or structure having running water plumbed inside to any sin) , lavatory, tub, shower, or any other plumbing fixture, but not a toilet, shall have a conforming grey-water disposal system including a septic tank and drainfield connected to such fixture drain(s). 4, Any existing dwelling, building, or structure required by one or more of the above Items to be connected to an on —site sewage treatment system, but which is not so connected as of the effective date of this Subdivision, or which has an existing system that does not conform to minimum setbacks or other requirements of the “RS" Zoning District, shall have a new conforming on-site sewage treatment system installed within one year of notification that a non-conformity exists, but in any case not later than 2 years after the effective date of this subdivision. 5. All other provisions of this Subdivision shall apply to on-site sewage treatment on the Lake Minnetonka Islands, including without limitation the requirement for construction permits, construction inspection, and regular maintenance inspections, including payment of the standard annual service charge. Subd. 8. Administration. A. Administrating Officer. The provisions of this Section shall be administered by the Building and Zoning Department and the Building Official who shall coordinate all permit applica tions and inspection services. The On-Site Systems Manager shall review and evaluate technical matters including system design and installation as provided herein. B. continued proper systems, the City Inspection Program. For purposes of insuring use and maintenance of all existing onsite ^hall periodically inspect each existing system r - - ’jh y. and shall classify each system as Code, Conforming, or Non- Conforming. 1. Right of Entry; The City Inspector shall have the right of entry onto every property in the City, which property includes an on-site system, for purposes of inspecting said system for conformity with the provisions of this Section. Each construction permit issued after adoption of this Section shall extend the right of entry to the City Inspector by explicit approval of the owner requesting such permit, which approval may be filed in the chain of title for the property. Failure of any party to grant the City access for this purpose shall be grounds to classify any system on the property as Non-Conforming. The City Attorney shall thereafter take such action as is necessary to enable the City to perform the inspection and to enforce all the provisions of this Section, and to assess the cost thereof against the property. 2. Inspection Report. Within thirty (30) days after the inspection of each system by the City, the City shall provide the results of said inspection in writing to the owner of the system, including the classification of the system as to conformance with City requirements and potential for existing or future problems. Notice of non-conforming or failing systems shall include orders for maintenance, repairs or replacement, the procedures for obtaining all required permits, the deadline for completion of the construction or pumping and the penalties for failure to comply with the order. 3. Code and Conforming Systems shall be inspected by the City at least once every two years. 4. Owners of Non-Conforming Systems shall be issued orders requiring maintenance, repair, alteration or replace ment. Systems found to be non-conforming shall be brought up to conforming status per Subdivision 5 (c) within one calendar year from the date of the order. Systems found to be non-conforming due to failure or pollution harards shall have remedial action required within a reasonable period of time as follows: (a) Sewage tanks requiring pumping shall be pumped within 48 hours. (b) Sewage tanks or systems found to be clogged, overflowing, leeching or otherwise discharging pollutants shall be pumped within 48 hours and thereafter as needed and the system shall be repaired, altered or replaced within 90 days. 5. Systems required to obtain and maintain a MPCA State Disposal System shall meet the requirement?^, of MPCA Rules Chapter 7080.0030. If the State Permit lapses, orders shall be issued to cease use of the system within ten (10) days, such use to be discontinued until reinstatement of the State Permit. 6. Failure to obey a lawful order requiring repair, alteration or replacement of a Non-Conforming System shall 1 7 % 6. r-' '• r4 ;.: 'fi'-' H - [' III' j,^' K-'?r tc^ -ir. tP ■: :' ■ • k-': ; V-: : ► u :^v e • i^." be cause for the City to enjoin the owner or occupant from further use of the system. Upon notice# the owner shall have ten (10) days to show cause to the City why the property should not be condemned for occupancy according to Minnesota Statutes 463.15 et.seq. C. Annual Service Charge. An annual service charge in the amount prescribed by resolution of the Council siall be paid by the owner of every building connected to an on-site system, such charge for purposes of administering and enforcing the City Inspection Program as provided for herein. A separate charge shall be due for each separate syrtem located on each property. 1. The service charge shall be due 45 days after the billing date. 2. It shall be the duty of the City Administrator to endeavor to collect all delinquent accounts. 3. Each year the City Administrator shall prepare an assessment roll providing for the assessment of the delinquent accounts against the respective properties as provided in Minnesota Statues 429.061, Subdivision 3, and shall certify same to the County Auditor who shall thereupon enter such amount with the tax levy on said property collectible with the taxes for the next year. D. (Codifier's Note: Contractor licensing requirements covered in City Code Chapter 5.) Subd. 9. Enforcement; Violation. A. Enforcement. It shall be the duty of the Building Official to enforce the provisions of this Section and to bring to the attention of the prosecuting attorney any violations or lack of compliance herewith. B. Civil Enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of the provisions of this Section to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, or to prevent continued use of a non-conforming on-site system. Subd. 10. Severability. If any provision of these standards or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions of these standards or application of any other part of these standards which can be given effect without application of 1’:.. invalid provision. To this end the provisions of all sections, subsections, or subdivisions herein and the various applications thereof are declared to be severable. SBCTIOH 5. Effective Date. This ordinance shall be effective upon publication. Is . Adopted by the City Council of Orono on this 27th day of Januaryr 1992. Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor /S pi > vf ' festal. »c-r !? fr. r - " ■ Hf. Mi !■> N'L f-' %j-P iii .W:l«m r«nair« . T r_ P s; <i ■ V ■■■P' M- i:- |: r 'f p kMsail TO:Mayor Peterson and City Council Ron Moorse, City Administrator FROM: DATS: SUBJECT: Michael P. Gaffron, Asst. Planning & Zoning Ad^^^^ February 4, 1992 Marina License Application Update Following is an update of .991-1992 marina license applications: MARINA 1991 APPIIC RCVD 1991 FEES PAID AS OF 2-4-92 1992 APPLIC RCVD 1992 FEES PAID Windward Mtka. Boat Works Shoreline MiYC North Shore Drive Lakeside Gayle 's Crystal Bay Svc. 3- 28-91 4- 09-91 5- 14-91 4-30-91 4-01-91 3-29-91 $ 0 428 00 oc 358.00 554.00 i-7-92 12-12-91 1-14-91 $ 0 428 00 00 358.00 0.00 0. OC 486.00 206 .00 0 0 00 00 1-08-92 200.00 As you can see, Minnetonka Boat Works, Shoreline M?^rina s and Crystal Bay Service are up-to-date with their applications and fees. Yacht Club 1icen sing Windward Marina made no application for 1991, and recently submitted a 1992 application with no fee, including a letter requesting reduction in the 1991 fee as well as an extension of the fee payment deadline for 1991 and 1992. North Shore Drive Marina is current for 1991, and in fact paid slip fees for more slips than we have recognized in the past (apparently drystack units), but has not submitted a 1992 application. Lakeside Marina submitted a 1991 application with a note requesting that the 1990 fee apply to 1991 since no 1990 license was issued. No application for 1992 has bean received. Gayle's Marina submitted a 1991 application and partial fee, and recently submitted the remainder of the 1991 fee. No application for 1992 has been received. License applications were mailed to each marina on December 6th, and were to be submitted by -»nuary 15th. It is staff's expectation that as soon as the Lake Use Committee has completed its review of the Shore land Regulations, the next issue to take up will be marina licensing. It would be appropriate for the Committee to discuss general policy issues at their initial meeting, then bring in the marina operators individually or as a group to discuss outstanding marina issues. A k: V; - "i. "i Vr . V^-? h'<:" h]y-::'- ■ 'u. 0-^ “?;*• m-- ■ V 'V''-' « A. •* Si, ;S'~'I#p. S* I?’ ;S' To: Frcai: Dates Mayor Psterson and Orono Council Moinbsrs City Administrator Moorse ^6 Michael P. Gaffron, Assistant Zoning Administr^^f^ 4^ February 4, 1992 Subjects 1992 Joint Use Dock Licenses Attached are applications Joint Use Dock Licenses for the and proposed resolutions for 1992 < following organizations: Applicant (Contact) Historic No. of Slips 1992 Slips Applied For Date Application Received Annual Fee Poxhill Homeowners (Mark R. Johnson) 13 8 1/30/92 $36.00 Mtka Power Squadron (Baylon Loosbrock) 45 (transient) 45 1/21/92 $20.00 Walters Port (Charles Garrity) 5 5 1/08/92 $30.00 Sandy Beach (H.R. Zuckman) 7 7 1/10/92 $34.00* Victoria Estates (Susan Wanner) 6 6 1/21/92 $32.00 Rhode/En1ow/Lindah1 (Jack Rhode) 3 3 1/29/92 $26.00 Forest Arms (Jim Lange) 14 14 1/14/92 $48.00 Navarre Cove (Dan Lindsay) 6 6 1/16/92 $32.00 ♦Applicant paid $44.00;$10.00 will be credited to 1993 In additionr we received an application and fee from Big Island Veteran's Camp, however, the application was no completely filled out nor signed, hence v- v<^i 1 1 be requesting additional information before presenting tnat license for Council review. The current applications and licensing notices from the indicate that all joint use docks which had low water dock 1 eng variances will be brought back to normal length for 1992. Tne proposed dock layouts appear to be nearly identical as in previous years with the following exceptions: II *t1> ifi ■ jMr I •■ii. "• r Ww- ■I : t V r ■K. ii ik i- >-IV-.'- ■V'r: -. IS-: >!•>, .fm'':k?SVII'-‘-'AS'''-'*' b. v€:‘y =•-; • .v^r- S'- S' Fft- ■, r k ■ Joint Use Dock Licenses February 4, 1992 Page 2 Pox Hill will only be constructing 8 of their normal 13 slips. Forest Arms intends to add walkways between their double slips, which slightly widens their previous configuration, but will still allow for the required setbacks from the extended side lot lines. Further, they propose to lengthen five of the slips from 24* to 32', and another four of the slips from 16* to 32*. Orono's Joint Use Dock License regulations do not regulate the length or size of slips, however, the LMCD is requesting that we either withhold our license or condition it on LMCD approval of the slip length. The proposed motion below is written to conditionally approve the Forest Arms license resolution such that it doesn't become effective until an LMCD license is approved. if Council does not feel this is an appropriate condition, this item should be removed fron the Consent Agenda for discussion. There have been no complaints filed regarding any of the joint use docks during the past year. Staff Reccmnnendation Staff recommends approval of the joint use dock licenses as noted above per the attached resolutions. Proposed Motion: Moved by seconded by _ _, to approve the Joint Use Dock Licenses for the 1992 license year for: Foxhill Homeowners' Association, Minnetonka Power Squadron, Walter's Port Homeowners' Association, Sandy Beach Shores, Victoria Estates Homeowners' Association, Rhode/Enlow/Lindahl, and Navarre Cove Homeowners' Association per the resolutions drafted by staff. Further, to approve a 1992 Joint Use Dock License for Forest Arms Homeowners' Association, subject license not to become effective until a 1992 LMCD dock license has been issued, .^yes ___, nays 1 .'■, ‘*7 city of orono p.o. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR .9 92 (association)FOXHILL HOMEOWNERS ASSOCIATION LfJ. I f Vi L/iXUnU H n A^CE office ♦ T * 7 .'i 'A _• 1 •-/ \.' V 1/ V' V ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 ,*» i rcki (I. 36.00 ChECK n 36.00 r.crcTOT-TUMiy vnii f / iirum I L.»U -•■■TTC.',-!/*. ■•■•tof C-Af TlOj V' A / w/V/ *. L • t. . January 3, 1992Date Form Sent by City Staff_- - --- - - - - - - - Date Application Returned to City—1-30 92_ _ Fee Recived $By Employee c A-, c„Krti„i=ion 2. LICENSE REQUIRED - It is unlawful for any l^ro^orassoriaiion of per-sons or .ore than two in^^ whether incorporated or not) to engage or (of any lakeshore property) without first having od aine therefor from the City. OTPiiQP rOMPTETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED AWAcLffiNTs iND LICESsf APPLICATION FEE TO THE CITY CLERK BY JANUARY 31 OF THE LICENSE YEAR. aggnCTATTON INFORMATION 1. Association title or name (if any),,, Foxhill Homeowners' AssosiaUaU 2. Lake Minnetonka Bay Smith 3. Person responsible for this application: Name Mark R. Johnson __ _ _ _ __Phone 475-286JZ. Mailing 1025 Heritag e Lane, Wayr.ata, HN 55331 Relationship to association_Doc)iraaste£ Page 1 of 5 rh: f 4. Association is (check applicahle itexs): 1^' feI* I-5. mir HI-- ri 'WVo' F" ;.J,- "fiw. ( * Ih’ i m 8. (f%- ■tv;.-MK... 1. ‘Ur-:. >S'^' f- 'i‘ . , •V. ■^L Mk-mt unincorporated homeovner's group. X iuco mo rated Homeowner ’s Association. unincorporated club or recreation grou.. incorporated club or recreation group. Principal purpose of Joint use dock. Is (check applicable item): y provide boat mooring and lake access for residential property. provide swimming access, beach, or offshore dock. provide a club or association gathering place for acti'^.ties 6. Dock is located on (check applicable item); one member's private property V easement or outlet owne d in common . property leased by the group/association, property owned by the group/association. List Dock location and ownership information: street address iftni shore] Inp* nrive----------------- Outlot 1, Foxhilllegal property description PID # listed property owner(s) Foxhil l Association Names of abutting lakeshore property owners: (No ’'th/West) Alden ivnHg>rgnn-1 filO shoreline. Qr—,—Wayra ha—^5194 --------------- (Name + Address) (So’i -h/East) Winton-1 780 Shoreline Dr., Wayzata 55 39_[ (Name + Address) Names of other affected property owners: None (Name -b AddresT) (attach sheet it necessary) ? of 5 p.. ^.. ®Ste' ' ^ rph.* lolntlv used docic is Insured by one of tne folloving;Insurance Coverage - The jointly usea u property ovner’s homeowner's policy. separate group/association owned policy. J fe.. if? rr- list the following information: . , Foxhill Homeowners Association name of Insured _-------------------------- - j ^ Scottsdale Insurance Company ______________name of insurance carrier ------------------------------------- Harris-Homeyer Co. ----------------------------------------- name of Insxirance agency _________________—------ GLS 307569 effective date of coverage _3-01 -91 policy no- ----------------- mt of -overage- Public liability, per person, per occur. ----1 ,QQQ.QQiL00 aggregate *1,000,000.00 Public liability, per «kkmxh»x:* ^--------------------- 10- ruDxxu 7 security and policing of the Jointly used dooh and prope:ty is provided by ^checlt applicable items): fencing. x security lighting.property owner's presence. ■ ' . ■ - i; • • contract security sei-/ice. other (specify) mCK IMFORMATION 11. >r List Dock Use Area Specifications: - OQT Qfi ft Lencrh of main dock from shore jWidth of shoreline; 293.86 _ 12. Dock setbacks from side property lines at shore; Dock Construction (check applicable items). X seasonal dock (relocated or replaced each year). ft. ft. 1 nf- q.iigL (iGcicixi2!*permanent piling with seasonal deck. - - pe,..ane. p ng X wooden decking. _ _ metal decking. 13. List Dock Accessories: Bunber of fire extinguishers nvailsble at the dock one nn eagh boot Bumher of life preservers avallahle at the dock On boats List nusd:er of allps in each category (■•allpa" includes boat Ufts): Transient (day use only) slips -------.• Tians lent (day use) of. , . _ g (\lO Permanent moorage off-shore buoys — Permanent moorage slips 8 Dry storage (rack) slips Maxim'jm n'jmber of boats at the dock docl"“rrklnL1™lLrn'“t^orv^:;ara?ed'^ ^-,.1 . « Rn^f'eS. I. 16. / • 1- -itess): Shoraliae is protected "by (cnec t.n. no rap sea-.-alx.j( stone np rap - concrete seavall grass and vegetation only, otter (specify) ‘ ^ i ft- At 50 ft- 1® Depth of water at shoreline is - - - at 100 ft. out is .2^ REQUIR-’D attachments The following must accompany this applic A.nnnc plan - ALL APPLICATIONS .. . A dock plan, drawn to ^Jariini^insLns ni'llfdojksslips :!;l\ryr'"if'o£r-sSeer;aSn„ diy storage or otker on-land functions are “teS! these also should he shown on the plan. '.V . B.^incorporated groups or and/or slip users. 1. A list of the names and mailing addre . ^ ^ _ _ _ _ 2. A xl.Su Ox Uiits ---------- ^ kt ♦- Th i q A certified copy of the >=V-Isws or agt.^^ant^lor Joint^us.^ rhe^followlng copy is not required if the appli ^ joint use dock is to be atl^emen— a ^“.“.^Lroririniuv -de Inoperated under the same by-laws or aqrxCT v “state year) and on file with the City. 6,-n 77 Applicant's initials C.^ORPORATED clubs ,,, corporation officers 1 A list of the names, mailing address ^ in the club or associs^tion. A stat«sent as to the total nui^ber of members in2. 3. 14 members♦ hv-laws of the corporation A certified copy of the °f^‘-"“^°‘'^pplLant initials and certifies Motet These copies are 22S. EhSi-— application and our joint use dock the following statement: Th of incorporation and/or by-laws as is to be operated under the 9 (state year) and on file with the originally made or last amended in - - Cit;City.M / 1 Applicant's initials Page 4 of 5 Vi' I' ! V: ■.ry^ '•.''’•';Tv j • * ..{^' ■ i » ' r--y W^- :U^- t - ^ ■K\ r- « ' ;i»'I^ V . 1. »vI, If..t'I?5 w . i ■ •’ " • ■fw p.te# r„'.'l I-r m. ■y. »-#*>.»*. * ■- ^' '. K--'.•!;K >*i; ill' .*.5w. 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_ _8 slips @ $2.00 each $ $' -0- 20.00 TOTAL DUE THIS APPLICATION $, $36 • 00 LATE FEE - Renewals Applications for renewal of licenses shall be made no later tl in January 31 of the license year. The City shall not accent renewal license applications received after January 21 unle^ t^ application iT^accompanied by a late fee o;f $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 applicaitons, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to rev ew .is 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 reas nable time to perform safety and code compliance inspections. Signed Date 1-30-92 Page 5 of 5 CLL HOMEOWNERS' ASSOCIATION OFFICERS 1992loffman. President Heritage Lane ita, MN 55391 jeline Nicklow, Secretary Heritage Lane ata, MN 55391 Zitzloff, Treasurer Heritage Lane ata, MN 5S391 R. Johnson, Dockmaster Heritage Lane ata, MN 55391 I / fO ^04, o '■-Jr ^ ' \ \ ••r.fm y< 4'/.N // .// CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ _ _ _ RBSOLDTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1992 TO DECEMBER 31, 1992 health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WEEERBAS, the City shares concurrent jurisdiction over the primary harbor limit of the City 01 Orono with the Lake Minneronka Conservation District and the DepartmLt of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City o^ Oro-iO the common law rights of r-igarian owners, whether or not they be commercial BiAxlnas or residential c rs? WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and tto one riparian owner has exclusive privileges over Lake Minnetonka. ine only additional private right that any riparian owner may 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 each riparian owner to Lake Minnetonka has the right to use the en surface area of Lake Minnetonka for all suitable purposes in common wit all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of ik.£ r'' I:// /V ^04, O O . L CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5r !■s This mutual rTght of enjoyment which is shared by riparian owners and Lho pub.llc generally includes the recreational benefits of the lake such hf, boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capab. of substantial beneficiaj _ _ . M *public use only as long as all riparian users of the lake are regu la ted * n 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 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 chis Resolution is to set forth the above k 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 not'd on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of February, 1992. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of February, 1992 by Barbara A. Peterson & Dorothy M. Hal.Tin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,--r h-Notary Public fe.'.Rm ; , ' 'Vr Page 2 of 2 If. I.:fe' CITY OP OROKO ^SZHIBIT A RKSOLOTION NO. I'..,'. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE LICENSEE: Foxhill Homeowners Association P.-- I.'feV: i; Dock Address: 1801 Shoreline Drive Agents Mark R. Johnson Address: 1025 Heritage Lane, Wayzata, MN Licensee is: _ _ _ 55391 m- m unincorporated homeowner's group XX incorporated homeowner'i. association unincorporated club or recreation group incorporated club or recreation group other _ _ _ _ _ _ ___ _ _ _ _ _ _ _ ii-License Period - January 1, 1992 to December 31, 1992 il>II. BOAT DENSITY ' The number of in-place boat slips^ lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B-1 thru B-3, and in accordance ^ with Resolution 938, in no case shall the number of authorized boat slips, or buoys exceed the number penriitt.ed in the prior year's license. :r/- ;• P Authorized Boat Density per attached plan: Bay Smith * s 3f-.' . ’c > mm. W- W- Rl, If'’ ff' Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water 8 8 8 Maximum Boats per prior license MAXIMUM BOAT DENSITY 13 rs ^ , kW:-'-'r-»> Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted ■lip8r 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 Municipa1 Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B-1 and B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. la IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCi. . 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. w pm -i ti, ■ V.r 1. The maximum number of slips or moorings to be licensed in the future shall not exceed 16 provided that for any given year, the license shall be issued for no more than 1 boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. 2. Winter storage of dock parts and sections shall be permitted on Outlot #1 between the time the dock is removed from the lake in the fall and June 1st of the following year. ‘ r ; "v 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 tine to time in the public interest. 0mkm- ’■m:I rr>.' I' f- -y k0 ' ym" L 1 CO-n • • • • rv O • •o.• iri 40 . !>■ ,'• * :'Kr ■tv> 't y?'.f? ’,* ■ ' r-.’ f- ■i-' ■fe. lit ’ v '* ' ■M-J . -i ir.-r k I rk r r V Is. f5-¥ ip' m-: ■yP ■■:■ H: i-v ■ I 1 CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55322 473-7357 LICENSE YEAR 1992 (association) ^ 72 a. /} C'. . . 'j C ' c U' '—^0 oA 'J r2 c ''■J JAtl 2 1 i“2 ANNUAL JOINT USE DOCK LICENSE APPLICATION ~m OF ORDHO Pursuant to Orono Municipal Code Section 5.42 Flf^AHCE OFFICE i 71 i 7r\nnnAA%JA a. w/V WW /If rcif\,'A UL.Mrucn' TiUf lUUM JO.OC' f.l M9 vv Date Form Sent by City Staff January—3^^—^ </L rcilLLLltIPT-THARK fSi cool ROF-H J: Date Application Returned to City /}f / -?1 /\FA/ A f Fee Recived $By Employee Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in...^oint use (of any lalceshore property) without first having obtained a license rtherefor from the City. JANUARY 31 OF THE LICENSE YEAR. ASSOCIATION INFORMATION ^ • 1. As ociation title or name (if any) 2 . Lake ^ To ''I A_ _ _ _ _ _ _ Bay /Cr LI'S til K-(z 3. Person responsible for this applicat on: l-C£76d I'CiL/c______Phone (('^^'^‘S^ 6 ^Name Mailing Address /-/y/ SL: >ir£,t A>'S 4^, Relationship to association / A Pace 1 of 5 U .. ■ #■ jip- kpP Pi-.,te -V ■ .'*■’ ■?P If.p' f. •• ’^v **•' te' r-' 8. ft- s'vfc. if-: tr • !:;r'-- W' Ijt;-'-- r*>.vm- &:■r-:- %... W;. $|V' Association Is (check applicable iterrs): unincorporated homeovner's group Incorporated Homeovner's Association. unincorporated club or recreation group. incorporated club or recreation group. Principal purpose of Joint use dock is (check applicable items): provide boat mooring and lake access for residential property. provide svlimning access, beach, or offsnore dock pxxjvlde a club or association gathering place for acti'.'d.-..es 6. Dock Is located on (check applicable item): one member's private property easement or outlet ovned In common. property leased by the group/association. property owned by the group/association. List Dock location and ownership information: street address C.iLf ‘•/hAi j legal property description /.4 v>) cy/i c • ^ PID I "“1 1"^ - ^ 'CCC'^ listed property owner(s) /^?^ ^ ‘I----V Names of abutting lakeshore property owners: (North/West) -------------------- (Name + Address) <so„th/Eastl ~S)c. /OoT (Name + Address) Names of other affected property owners; (Name + Address) (attach sheet if necessary) 2 o ::-'‘T’rr 'I • 'i ^ I''9. •r .u :ir tfc, ^ . *■' rvhf^ lointlY usei do.-k is insured by one cf tne following:- Insurance Coverage - The Jointly u.ea q3_ property o ’^er's homeowner's policy X separate giTDup/association owned policy, list the following information: name of insured ^ ^ ^ — d. cC u ^ 0 **■' d’/ name of insurance carrier -----/ dy/c ^ ----------------L- -- — ^ — /}r L- •'T r //’i—^ t s'cpamf of insurance agency / I -----------------I-------------— /J //7 effective date of coverage _ policy no. C - /h^ -^ ^j---------------------- amount of coverage; Public liability, per peraon, per occurence J ^ J _£L 7/30/^// Public liability, per occurence $'j i ^ i ^ i Security and policing of the Jointly used dock ard properry Is provided by (check applicable items): fencing.security lighting. X ovner'a presence. contract security ser-rlce. other (specify) DOCK IMFORMATION 11, List Dock Use Area Specifications: 'h i- V. , 14 s’7/' ft Lemrth of main dock from shore; Dock S.3blacks from side property lines at shore; -------—ft. and 12» Dock Construction (check applicable items). X seasonal dock (lalocated or replaced each year). _ permanent piling with seasonal deck. X wooden decking. __ netal decking. permanent piling and decking. 13. List Dock Accessories: Number of fire extlnguJ.3her3 available at the dock Number of life preservers available at the dock rc 7>,-: Pcr^ ft. / f ft. 14. LlBt number of sUps In each category ("sllpa - Includas boat lifts): Trinsiant (day use only) slips u£_- Trans lent (dsy use) off-shore buoys^_^. — Permanent moorage off-shore buoys -------0-----. - . Maxlmiun number of boats at tne d^ck —* P6nnaiieiit moorage slips Dry storage (rack) slips — o 15.sns s* ^ ^ ' ■ U: • • • li-;. y\r,. erosion AHD SSDIMErfTATlON CONTROL 16. Shorallne is protected by (check applicable itecis): X stone rip rep. _ «=°d seawall. _ metal seawall. concrete seawall. grass and vegetation only, other (speciiy) V'-/,/ 17. Depth of water at shoreline Is _J — «; at 50 ft. out Is <?'' -Tv "/It,at 100 ft. out is j> y}//S /i li:---r REQUIPED ATTACHMEIJTS The following must accompany this application. A. DOCK PLAN - AJLL APPLICATIONS » / f'- LAA.1^ - naoj-i ~ ^ -- - -- - -" A dock plan i^jirdo^rfsups ^*buoyr' If off-street parking, dry storage or othor on-lar,d funotrons are intended, these also should be shown on the plan. unincorporated groups or associations . A ™=aiann ^Hdresses of all mexnbers and/or slip users.1 A list of the names and mailing addresses <jl A certified copy of the or agre^ent forJoln^^ rorkllottA certified copy of the by-laws or 1 Z J lertif ^ es the following n^^e^n?^ rr:n:w:?irpu:st “r:i: ; p";: dock.«he operated under the same by-laws or agre^ent originally made in - - - - - - - (state year) and on file with the City. Applicant's initials C. INCORPORATED CLUBS OR ASSOCIATIONS^ 1. A list of the names, mailing addresses and titles of all corporation A statement as to the total number of members in the club or association. Jl3f) members.memoeta. A certified copy of the ■°fd'~if°^e''apolL^t initials and certifies Note: These copies are ren^Ilal Application and our joint use dock the following articles of incorporation and/or by-laws as is to be operated under the (g^ate year) and on file with the oriqinally made or last amended in - City." Applicant's initials Paae 4 of 5 wm-. ■b D.ANNUAL LICENSE FEE ~ ALL APPLICATIONS INITIAL APPLICATION FEE renewal joint use fee, per year^, PLUS SLIP PEE for each permanent moorage slip, lift, dry stack, or buoy slips @ $2.00 each $ $20.00 TOTAL DUE THIS APPLICATION ^ ,teS^\T i'lA V $ $ late FEE - Renewals r- _ 1 "1 4 r»pn*5es sha 11 be made no later thanApplications for renewal of s^all not accept j2Se"w “.Y license \p°pllca\\"ons f~ appli^tion is accompanied ^ a 1^ fee p_ $—:— REVIEW PROCEDURE When a complete application is received, the application reviewed by the City Conner 1 ^^e case^of ^ np^on the application after complete review. ;s\;s.s s?src ”Sc?.””“ Pursuant to Section Cou^^^ this fh^pfop^tT a\^^ant^rra^^o^:Lr/i?re- - /ode compliance inspections. Signe ^ D ate / / ./.. / ^ ' / '/ Page 5 of 5 -k LiV >■ : m .V ‘T;T i J. ; ■* o o \ n% €/» ^ C3 r Ia ? ? -1 .■^ 9 ^ « As ? 5 J CN 2M% > 0 ra s« •’' n ? V ^"3 3^ S ® • 0 m iVSIC^ rc^ef/^ • • #•:r tf- '!: i < ¥' 'f frMi"P'1^' i f'*r ^:l:. ,..v-f-; ir. m:'m ii ■Ms. r; ■ S. J:;' ■*;. Ir !■-' ?'. L .“i- V i )u> Minnetonka iPower Squadron A UNIT OF THK 9W UNITED STATES POWEH SQUAOAONS SAIL and POWER BOATING l^iNNhlUNKH MLlWtH bUUWUHUN Utticers elected January li. 1‘J'Jii Commander :Dennis G Peterson 1758 Essex Road Minnetonka, MN 55343 Executive Officer:Julia Rossini 11140 Uoton Ave S Bloomington, MN 55431 Educational Officer;Davad Fleming 8324 Brookview Ave S Edina, MN 55424 AdministratiV6 Officer;Robert Stierna 1930 Shoreline Drive Way sat a, i'lN 55391 Secretary:Linda Golie 1845 Watertown Road Long Lake, MN 55356 Treasurer;Bayion F Loosbrock 6341 Sufnte»" Ave N Minneapolis, MN 55428 1 •I?. o*°*o \ \ ')w.'V’S'fek cf'>; CITY of ORONO a '^EsiiOt:<x- RESOLUTION OF THE CITY COUNCIL NO. b RBSOLDTION DIRECTING STAFF TO ISSUE A JOINT USB DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1992 TO DECEMBER 31, 1992 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other nembers 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; b andI-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 th^ public rights and equal protection from activity on or near the public waters and b 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 t rogulate 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 pubJic waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake ’linnetonka has the right to us'^ the entire eurface area of Lake Minnetonka for all suitable purposes in co.mmon with all cher riparian owners. This right is a right not only to members of the public but the right to each riparian owner. r . Page 1 of 2 tBSSSLulaii: F: ') ‘l ; CITY of ORONO . /RESOLUTION OF THE CITY COUNCIL NO. This mutual right of enjoyment which is shared by riparian owners and the KinVand" f?s\'/ng ”tferL"n^ to these rights? and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited ripariar. 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 o Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this R solution is to set fort^ .* above described on Exhibit A attached. rO NOW, THEREPORE, 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 Oreno at their meeting on the 10th day of February, 1992. |v: Barbara A. Peterson, Mayor ATTEST; Oorothy M. Hallin, City Clerk STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • i n«-KThe foregoing instrument was acknowledged before me on this day of February, 1992, by Barbara A. Petersen & Dorothy M. Hallin, Citv Clerk of the City of Orono, a Minnesota municipal corporation ai,.. saia instrument was executed on behal.. of the City. I. r-Notary Public Page 2 of 2 w?rA' S;: ■te. kv--' CITY OP ORONO :■*>•. §■ exhibit a RESOLDTIOH MO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE r I. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot #5 (510 Big Island) Agent: Baylon F. Loosbrock Address: 6341 Sumter Ave N, Minneapolis, MN 55428 Licensee is:unincorporated homeowner‘s group ^ incorporated homeowner's association unincorporated club or recreation group XX incorporated club or recreation group other ____________________________ %=• License Period ~ January 1, 1992 to December 31, 1992 fe.II. BOAT DENSITY te:'P" fe' Authorized Boat Density per attached plan: Bay Lower Lake Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts y' Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license A''W MAXIMUM BOAT DENSITY 'i 'lv’’r '* r'-."- Exhibit A Eesolutioa No. Page 2 J w or exceedinq tho number of permittedExceeding this maxlmxam^ boat density, lic^se subject to revocation :id"?o*r p^^^\*cu"^orjo^ subdivision 2 of the Orono Municipal Code. Ill• DOCK LAYOUT The dock structure or layout g^,^^^this^layout^shall^be subject^ attached Exhibits B and C. Any changes in this layout sna to prior review and approval of the City Counci . IV. SPECIAL CONDITIONS required for subV^ct \o°itu*?r ^^i"Ve“yth%hese-cond\\^^^^^^^^ conditions ilTcause for license revocation and/or prosecution by the City. NONE V. Nothing in this u« Lake^Minnetl^nka or the premises ir a any property any vested right to Minnetonka and t..e permitted by this ^“^^^^l^tions and ordinances as the Sit?^”d’ lth%r complte^^^ authorities shall deem necessary from time to time in the public interest. V ' - i. D, ANNUAL LICENSE FEE - ALL APPLICATIONS m- “r->. V. ..••'■'■V H:: ■•it', Joint Use Dock License Application fee according to the current City Pee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP PEE for each permanent moorage slip, lift, dry stack, or buoy ^ slips @ $2.00 each $ 20.00 ML TOTAL DUE THIS APPLICATION $ 3^ LATE’FEE - Renewals r2Sew/l license applications received after Januay 31 unless the application ia~“accoropanied by a late f_ee of $25.oo^;^ REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unus applicaitons, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the aoDlicant hereby requests the Orono City Council to review this c?t^;^iT/pTovret rn^^enfs f r^Tupo the property at any reasonable time to perform safety and c compliance inspections. Signed Date Page 5 of 5 l\l'V :*• ■v\ ... '^ ' ------------------- “24 f9 ______ J^-i'h / ^ ^___^y^yyO- e':V • ' Z 7c// '^7/ai'79 LLL-AL l Ac/2/rm1^ !V' •V >• 2- 7c/ i- W 7/ y-rV’. J" /S/ 3 - ^kV-V 2-7/0 y7/ fi’-,'.';S''vV,:-. ifc'- / // // • 4 o o CITYof ORONO s\ RESOLUTION OF THE CITY COUNCI L NO._________________ 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 OP JANUARY 1, 1992 TO DECEMBER 31, 1992 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an i0X©rcise of police rower 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 ovmers 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 public waters. There can be no dispute but that the public generally »n 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 ell other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. I.Page 1 of 2 r 1^- W- ti . Exhibit A Resolution No. Page 2 *\ ■ » i' • • • « ^ dTT 6xc06dd.riQ t!hi0 nmnb02r of p0innitt0dExceeding this maxunum boat densxty, or exc ^ 9 subject to revocation 2id% p^^^\“cutior/or^\o\It\°o^^ of section 5.42 Subdivision 2 of the Orono Municipal Code. Ill. DOCK LAYOUT The dock structure or layout authorised i‘^"?ayourshal'’l"“e ‘’s"ub%lt“tS p?iorand'^'ap^^ the City Council. IV. SPECIAL CONDITIONS required for sut^e%"t\o°'iutl City and/or the LMCD. Th® = ® comolv with these conditionscompliance with these conditions. Failure to is cause for license revocation and/or prosecution y /■ 1.Variances granted for 1992 : _ ti^-h 7 Blork 2.a) West property line (extension or west line of Let 2, Bxo_k Walter's Port) - 10' required, zero setback proposed & h) Southeast property line (extension of southeast of oitllt 2, wVi\er”^ort’5 - 10' required, zero setback proposed rv.2 The five slips are approved for use by the following properties located in the plat of Walter's Port: Slip 1 - Lot 2, Block 2 Slip 2 - Lot 2r Block 2 Slip 3 - Lot 1, Block 2 Slip 5 - Lot s'. Block 3 (part of Lot 1, Carman Bay Heights) 3. City must be notified immediately of any change in use or configuration of the dock. 4. All boats permanently moored at this joint use dock must be registered to the applicant property owners. S. Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) is allowed four boats maximum (1 of lagoon, 3 at outer laJceshore). V. Nothing in this license shall P„Ya" o"r^°he^^^^^^^ any property ^^^^M-ition^^but *-he use of Lake Minnetonka and the manner permitted by this ^ reculations and ordinances as the premirnSes shall remain subject to s ^*+.4 o df*em necessary fromCity and other competent regulatory authorities shall deem necessary time to time in the public interesc. o. I- i. i-^ •• • • •RCSCLwir/CM . % ■y V\Vc\T • • m •• l;V ^ •' •t:^ vCkOOM (,OOT'—i^v . tiOC-K .. Up.M OU V m^.'' &y rr^. [^ ■I I [i f#,‘V ■ I? «, ■■ :'^- ft' I:^*; ^4-:■■ %-■• '• 4 ■ • ■“r r;. r' V-K i [■(■#■fe- )i;' ' V,’ »■ . ^ '•■ fc ■ ' ■ ' i-I • fe y ^k- £■i- ' \ •h. r ::. &I..- . h W"' Ei?-*r' ?:• fe> •r V. 'N i . % k' CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LTCEMSE YEAR 19 92 (association) jAfi l.C .1832 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 rjTV nr nonunL/i I f ui ui>unu CTi^iAkirc nccTrc I jiifnnK^L, ut t i i i d / *r l^A/^ 1 J. !.*"> . WV Date Form Sent by City Staff_ _January 3, 19_9^ ni rCkl \/A l-'l-M jjyj-T • V'V W-; U.U/N f u "srr. Date Application Returned to City RECEIPMHA^K YOU Fee Recived $_ By Employee !}2j^300 cool ROl T12:i ________01/10A Section 5.42 Subdivision 2. LICEMSE REQUIRED - It is unlawful for any (group or association persons or families, more than two in number, whether incorporated or nat) to engage or participate in...^oint use (of any lakeshore property) vdthout 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 JANUARY 31 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) Bedch PUc£. 2. Lake m.nnO.Wka_ _ _ _ _ _ _ _Bay_ _\rrri- - - - - - - - 3. Person responsible for this application: Name ^ ZucKm^H Mailing Address A v € ----5^*403- Relationship to association OMjr* ______________________ Page 1 of 5 'V" k/i: 'U. Association is (check applicable items): ' . r'6,/\ta\ prvv^^ C'-o/^-er' unincorporated homeovner's group, incorporated Homeovner's Association. unincorporated club or recreation group, incorporated club or recreation group. Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property, provide svinnning access, beach, or offshore dock, provide a club or association gathering place for activities. Dock is located on (check applicable item;: I one private property. easement or outlet ovned in common, property leased by the grou- association, property owned by 'che group/associatioc. List Dock location and ownership Information: street address legal pwpertjr ,1«rrlatloD&.'.arSac-n of HJ. +0 ,, ^ ____ PID ¥__________ listed property owner(s) Names of abutting lakeshore property owners: P .VftAe.e^'Sf- HOQ^ —------------------— ® (Nar e + Address) (sn»f.h/East) egK^a.f^asf■ ------ ------------------ (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if nicessary) } W'\. i‘v-'2 of 5 i;-'" ij- 9 . ■1 A rinpic •'s ■'a3U^‘»d "bv one cf the following:Insurance Coverage - The Jointly used dock -s -n.a.. , H . f property ovmer's hoiceovner's policy . ......fm rm owned policy-separate list the following information: name of insMred name of insurance carrier Z-uck C\G-Nff W.Co nAme of ins”iance agency policy no. \\fV^ ^ effective date of coverage __\ r>oT- rxrcurence $ ^5”'^0/O00 esrount 01 coverage, Public liability, per person, pe. public liability, per occurence 10- security and policing of tbe'jointly '^ed dock and property is provided by (check applicable items): fencing. aecurity lighting. jL contract security ser/ice. other (specify), -y---------------------- TTnniC INPOHMATION 11. 12. List Dock Use Area Specifications: ^ Width Of shoreline, «. Ungth of earn dock froo shore, Doch setbacha fro» aide property lines at shore; «. and Dock Construction (check applicable items). ft. ft. 7; seasonal dock (relocated or replaced each year). ' - ^ nei^an6riw piiirig snd Qdcking*permanent piling with seasonal deck. - - P vDoden decking. ___ metal decking. 13. List Dock Accessories: Humber of fire extlngulahers available at the dock Hunber of life preservers available at the dock i 0 u ^o+-.hcrn'^/- C'slipH” includes beat l^.^ts). List number of slips in each ca g h use) off-ahore buoys■ • /s bUds O ■ Tran s 1 e n t (.uBj use;Transient (day use only) slip -------- —j Permanent moorage off-shore buoys —(J___ permanen* jcoorage Su.ips —.—1- - - —» O . Maximum n'umber of boats 't ti»e doca ----- Dry storage (racit) slips di".”t:ki?ilr-rro”viLr;u3":"b:% .4’ o ’ erosion Ajro SEDIMStrrATIOjL COOTR^ 16. Shoralir** is protect id oy (check stoaeriprap. _ vr,od seawall - _ .e.al sea-^11. othc ’* (spec'*-// --------------- c r.crete seawall* ’ ^ grass and vegetation only. £ 17. Depth of water at shoreline ia ' \'^lJ" at 100 ft. out Is r\ ft; at 50 ft. out is _(p '} IdBQniRED ATTACHMENTS The follovir.'g mA it accompany this application: X. DOCK PLAN - ALL APPLICATIONS B. C. r/ It I’ii- i a.5 A dock plan, drawn to scale, shjv. .na side property lines and the loc. ti'^n, and buoys. If off-street parki .g, di intended, these also should be r;hown \ *. ne width of this property, the Jimensions of all docks, slips .or other on-land functions are te plan. ONINCORPOBATED GROUPS OB ASSOCIATIONS ~~ Addresses of all members and/or sl’p users.1. A list o . the names and mailing adcresse^ 2. j oi-inv of the bv—laws or agreement for joint use. Note. his A cei led copy of the oy la .,nd cert-'fi‘=s the following copy is not reqaired if the applicant initials and cert. Statement” "This is a renewal application and our goin. ’Jse ^ s :^r"erunder the same by-laws or agre.^ent originally made In M- (state year) and on file with the City. Applicant's initials INCORPORATED CLUBS OR ASSOCIATIONS 1. 2. list of the names, mailing addresses and titles of ,11 corporation office.s A statement as to the total number of members Ih the club or association, members. 3. iUC-UU^Clm *3 • . . _ A Citified copy of the articles inltlaL^Ld^cerSiea Note: These renewal a'ppUcation and our joint use dock the following " ' '„ticles of incorporation and/or by-laws as is to be operated under t.he same ar (state year) and o.i file with the originally made or last amerc-d in----------------(s y City." Applicant's initials Pace 4 of 5 ,1 i k y^' .K*: sv '■ It •*” K>v!,wC '''#:' .V' '-* 1 1'"'^•/•VC v' , '■ '>*■ .[.‘f 1# § ,li:%jV<-:- ■‘•V ■:!<v iH'K., k k' L'*. !v . 1: I- #U. U. ■ .»*■ k' V- -- LLLl iKfc'kikA. D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application fee accorc^ing to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP PEE for each permanent moorage slip, lift, dry stack, or buoy ^ slips § $2.00 each $ $20.00 TOTAL DUE THIS APPLICATION $ $ 2.4 .00 HH4X) LATE PEE - Renewals Applications for renewal of licenses shall be made no later than January 31 of the licer.se year. The City s_ha accep t renewal license applications received after Jajvuary 3_1 unless the application is accompanied by a late fee $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 applicaitons. also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED ANT/OR OPENED FOR USE ONLY UF.N APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, applicant hereby requests the Orono City Council to review .Joint Use Dock License Application, and agrees and author .zes 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. Date ft W-L Pace 5 of 5 r#K«i •mint# ^1*1 I • ft B Iftlti* CITY OF ORONOEXHIBIT A RESOLUTION NO.the :h as .eges cial id in fhts; ding such hich it to bove :ions :ense C i ty :ense 10th for & said I CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSEI. LICENSEE: Sandy Beach PlaceDock Address; 3995 North Shore Drive Agent: H. Richard Zuckman Address: 1819 Dupont Avenue South, Minneapolis, MN 55403 License Period - January 1, 1992 to December 31, 1992 II. BOAT DENSITY 1 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, p liftSr or buoys exceed the number permitted in the prior year's license. Authorized Boat Tensity per attached plan: Bay West Arm Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water N •fII ev 't' k Kt,.m ji pr y- CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICEMSE YEAR 19 92 (association) I A M J. 1. i 2 1 1922 ANNUAL JOINT USE DOCK LICENSE APPLICATION ^ Pursuant to Orono Municipal Code Section 5.4 Date Form Sent by City Staff January 3, 1992 rrTv nr r.vnun Oi • l_*l U'MUIIU f Ja-4a'C£ office 1313500000 01 QEH 32.00 lHElK TL • V V? r.rrrTOT-ruAA/V viii it tnnijA IU1-* .................. f /ci/i / i;-. Date ^pplicaticn Returned to City--- - - - - - Fee Recived S__ _ _ _ _ _ _ _ _ _ _ _By Employee section 5.42 Subdivision 2. LICENSE REQUIRED ‘ , (group or association of persons or ' whether incorporated or not) to engage or par_i.,ipa.e i (of any lalcesLie property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED IwAOTTS AND LICENSE APPLICAVION FEE TO THE CITY CLERK BY JANUARY 31 OF THE LICENSE YEAR. ir' ■i'-.Vi k ^>f V "V n >]> ■!'>'. 1 4" // '7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 ffHEREAS, 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 ffBEREAS/ 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 cr more families# which regulations include the annual licensing of Joint Use Docks pursuant to ' Section 5.42 of the Orono Municipal Code? and HHEREASr the purpose of this Resolution is to set forth the above ® noted general conditions and concerns and the following special conditions I as they relate to an application for an annual Joint Use Dock license I described on Exhibit A attached# NOW, THEREFOR?, BE IT RESOLVED, that the City Council of the City of Orono her :by direct.* the Staff to issue a Joint Use Dock License according to tr.e facts and conditions not^^d on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 10th day of February# 1992. Barbara A. Peterson# Mayor ATTEST: Dorothy M. Hallin# City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrviment was acknowledged before me on this 10th day of February# 1992# by Barbara A. Peterson & 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 w r,■> S: I CITY OF 0RO!^O ^'. V-: >■: EXHIBIT A RESOLUTION NO. r-~CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE 1. C'i. ‘ h-' V.- 'V LICENSEE: Walter's Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: Charles E. Garrity Address: 2701 Kelly Avenue, Excelsior, MN 55331 i'?Licensee is: t -.t-' XX unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other _ _ _ _ _ _ _ _ _ i? m License Period - January 1, 1992 to December 31, ’992 ^ .t’ 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 Carman ■Milm -I i Hi Ia- &■ !# Transient (Day use only) Slips Permanent Moorage Slips Boat Lifi., Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY I•"S'- I- * .r ' ■■ |\p"^ SS% & j ’■i f>- I I I IiiwN',- P'" 1'- Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of pexmittad slips, lifts or buoys is a violation °f to revocation _nd/or prosecution for violation of Section 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 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 ./it /conditions is cause for license revocation and/or prosecution by the City. Ife 2.. The seven approved slips are for the exclusive use of the resident'j/renters of Sandy Beach Shores. 2. City may require written approval from abutting and affected orcperty 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 licensed slips commensurate with any reductions of habitable dwelling units which may occur during the license year. V. Nothing in this license shall confer thiof anv orooertv any vested right to use Lake Minnetonka or tne premises in a manner permitted by this resolution, regulations Minnetonka and the premises shall remain subject ho such and ordinances as the City and other shall deem necessary from time to time in the public Interest. & pi ! t •' *. ■’ I .T ‘- 4 • • • ,#fc • H>o'H /I i_/o /'JO , m ■<\0 ^ SAhlOY beach H31 -7 5U^-S 7 oT l-» PROPOSED Dock plan SCALc SMhdT BE^ch m,-•V" .V*>.• • U: ^ .<^'1 . &'■ 4. Association is (check applicab]e 5-4 . S- • t 11. Ic fl.. ■ < t‘s - i-' w ■ :l^ _y; Kv r t\: ■ ilf> S-V, ■ N ■;>< ■ Sr A ' 4^ IS r-fe- Y.. F V.rVt t:' F 1'SE' V'. W-|l¥;, 5. ?. xmincorporated homeovner's group. \y incomorated Homeowner's Association. A: xiniiicorporated club or recreation group incorporated club or recreation group . Principal purpose of Joint use dock is (check applicable iteiES): provide boat mooring and lake access for residential property provide swinnning access^ beach, or offshore dock. provide a club or association gathering place for acti'/itles. 6. Dock is located on (check applicable item); one meinber’s pri''/nte property y easement or outlet owned in common • property lessed by tne ^*»^up/associat-..on. property owned by the group/association. List Dock location and ownership information: /!/ iOr 0 j /iJlstreet address legal property description PID # _________ AcW 3 f? II f^'kUtjy7 • OjHcji ^ listed property ovnrr(s) 8. Names of abutting lakeshore property owners; fNorth/West) ^6i)l Vq il lU/1 fSouth/East) (Name + Address) / W/.y"! kJr. Illdiin <L n ?j?A (Name + Address) JVp F) fV f^don ^ Names of other affected property owners: Is f u c-P ■ Iq /I .S ^ \ vi (Name + Address) S.^() j/V ' /) f /1« i /1 ^' V .'-i I > yVL/V“€ e d t. (attach sheet if necessary) 0 Of-HHC 2 of 5 ¥ %■ S: 9 ^ * Insurance Coverage - The Jointly used dock is insured bv one of tne folloving: property owner's homeowner's policy. '/ separate group/association owned policy I.:fe h I list the following information: name of insured ___)[_ name of insurance carrier panua of insuTsnce iigency \ /\J^ -d i' • Jn hici' 1/1 SOi^'7L<y Cs. K policy no. JjQV "S n 'OA effective date M- |r 10. k'-‘\r- a^uat of coverage; Public llablllt,, per persoa, per occurence Public liability, per occurence i Sr^ (TOtr Seeurlty and policing of the Jointly •oaed dock and property 1= pio-nded y (check applicable items): fencing. _ _ security lighting. property owner's presence contract security ser^/ice. other (specify) POCK INFORMATIOjf 11.List Dock Use Area Specifications: >/V Width of shoreline; i(/r ft. Length of main dock from shore; __^^ Dock setbacks from side property lines at shore; «• “"d w. '■/. ’ ’I' *. y ’H. 12.Dock Construction (check applicable items): ___ seasonal dock (relocated or replaced each year). ___ permanent piling ^rlth seasonal deck. ^ permanent piling and decking. wooden decking. ___ metal decking. 13. List Dock Accessories: Number of fire extinguishers available at tte dock 6)-- Number of life preservers available at the docx c ■ 14. Llrt number of slips in each catecory C'sU pb" Itroludes boat lifts): Transient (day use on- slips ^ ('•Penoanent moorage slips______ . ('y-flrk’y ali-a • fiaxinum number of boats at tbe dockDry storage ------------------- Transient (day use) off-shore buoys Permanent moorage off-sbo.'r buoys — g%S'S-: v> o ^ ''•M- ii'f'?r--v .V ;-i> 3;.-' r*-'; • ■^ ;‘S-- RRQSIQM and SEDIMEirrATION CONTROL 16. Shoreline is protected by (check applicable ite^is). _ stone rip rap. __ vood sea^ll. _ netal seavnll. grass and vegetation only, other (speoiiy) -- - - - -- ' \ n ft; at 50 ft. out Is Depth of water at shoreline i — concrete seawall* 1'/. ■iMd- at 100 ft. out is FEQOIFED attachments The following must acccmpany thxs appLicati X. dock plan - APPLICATIONS k ■ : 1 B. C. dock plan - AP_--------- the shoreline width of this property, the A dock plan, drawn to lavou- and dimensions of all docks, slips intended, thes. tiso should be shown on the pla . imiNCOEPOIlftTED GROUPS 0R_ASS0C1ATI0!IS .......... rr list ot the nlTes and oaiUn, addresses oi aii .e^ers 2. A certified copy of the by-laws or Certifies the following copy is ^ i;ricaSor:id Tur ^oint use dock is to he ^pLTef ^der^4^:ame by-laws or agre^ent originally made xn - -- - - - - (state year) and on file with the City. _Applicant's initials jM/^ncpoPATED CLUBS OR ASSOCIATION nffice-s ■ —-----—----------- „ and titles of all corporation office.s* 1 A list of the names, mailing addi sse_ in ^h^a club ot association.A statement as to the total number oS members rn the club members. 2.Sti 3. ;;^tirel”c:py o< the —« ol incor^oration^and -V-Uws^o^the^corporation. is to be operated under the seme articles | ,nd on file with the originally made or last amendec. ——:— City.” iy Applicant's initials Page 4 of 5 m"'ih- u- I m M"' W" 0ipI"'I'y ir^*m{km"- #?'. .■■S^i-Uif>- Pvy 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 sl^, lift, dry stack. 20.00 or buoy _slips § $2,00 each TOTAL DUE THIS APPLICATION $ $ 2JJ^ LATE FEE - Renewals Applications for renewal of licenses shall be made r.o later than January 31 of the license year. The City sh^. 1 not ajrcept renewal license applications received after January 2i unless the application is accCTiipanied by a late fee o_f $25.00. REVIEW PROCEDURE When a complete application is received, the application will be j^aviewed by the city Conucil and, in the case of new or unusual applicaitons, also by the Planning Commission and Marina Committee, The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed [Ay j/rvV^Date / "/3 ‘57- Page 5 of 5 fc- .■ fe*' ■ o o '.y ■ '-C KeelK^ St '■ 'V mfjr . :li%=. i l‘:• ■ ■; ■ < =;••. r ~: ■' t!0 iMSt ■'-Iff -I-.’l#v^ee- .s. I Bl:tsv ev’t ei'- S-fi/ Af.#/ //^/ 2 0) Q og 5 zo </lo > m(A (0 o O O 7s Oa oz oc r? CD O > oo O 7? 09 O oZ --'3 CO CD r:T3 N 4' i\' ’ Wc 3 «i'.. ./ • \ wJ )) m X cn H zD 0 1 > z zm uvJ'.V^ I (I Oc O '4 ! •-.4 V- »'* m" i^-. t---^V'~‘ ? cASlJjuJjI J5 , *!.»■* " * - /’fV o<-^ USc{/l_\U 0.»'i n er P^'^hUC-1 >0 ‘i^chu 0 ' '{\J. (7^o.jn9 /4//7T vruiJ i Y)r, r ? j 1 Nv‘%: h. -. ■< mM^- -ii.VvSf^ m-■.":■-'■■• f'- ■•-■■*-■■ i'-’t . teP-' •< Su€_'2^^f I f^cL ^ U ^'^/L -r lOi f^ tir^lyi S(oO nO'n 1 1^t 0 drcA/'y^ 0.U ' l^ctdH.A'lojnct fl/. &'■ /I1W 'n 1^0 r c wSi:iii i. i^-V, A-'A'‘'''-yV'-’’ - ■bo^r •.. fc ■■• ■I*"'' *: m&: ^ ' “ 'i3r >£ N o o A ii.>.% -’i .fry CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USB DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1992 TO DECEMBER 31, 1992 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 ^Ahaalth, safety, and general welfare of the citizens of the City and other Ivmembers of the public within the City; and WHEREAS, the Citv shares concurrent jurisdiction over the primary harbor limit of the Cit> of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and t 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 wators 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 oimers 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 o%mer has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire aurface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 S'" &m. IliiiL. 1 t *■; ,• ;r.no.,. osS-. «-'ir'.‘M>-r.11 •im>II ■ 'V, CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.________________ This mutual right of enjoyment which is shared by riparian owners and the DOblic 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 HHBREASf 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 nghtSr and WHBRBASr 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 rogulations include the annual licensing of Joint Use Docks pursuant to faction 5.42 of the Orono Municipal Code; and WBBRBASr 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. NOWf THBRBPORB, 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 condit'ions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting bn the 10th day of February, 1992. Barbara A. Peterson, Mayor I ATTEST* Dorothy M. Hallin, City Clerk STATE OF MINNESOTA } )ss. COONTY OP HENNEPIN ) . ^ ..u- tThe foregoing instrument was acknowledged before me on this lutn day of Pebruary, 1992 by Barbara A. Peterson & Dorothy M. Hallin, Mayor f City Clerk of the City of Orono, a Minnesota municipal corporation and said Instrument was executed on behalf of the City. Notary Public Pi Pago 2 of 2 hr."-P CITY OF ORONO exhibit a RBSOLOTION NO. I^IcbilDITIO OP ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSi: LICENSEE: Victoria Estates Homeowners Association Dock Address: 540 North Arm Drive Agent: Susan Wanner Address: 460 North Arm Drive, Mound, MN 55364 Mi Licensee is: ■, f t ; . '. , unincorporated homeowner's group T- ' ■ x3c incorporated homeowner's association unincorporated club or recreation group incomorated club or recreation group other _ _ _ _ __ ___ _ _ _ _ _ _ -i II. :■ License Period - January 1, 1992 to December 31, 1992 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 '■ V. it - - - - - - - - -— — r ^ Resolution 938, in no case shall the number of authorized boat slips, - ^ ^ i ^ mm ^ mm A'' lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: pr If/ '< : ■f ^ .■> ‘ Bay North Arm ':W' R? . •' r* '^vr' i ’ ;? 1.! , . V s »- 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 'f i'- fe'W S' I'-'y =. ■1^'N’ V m F;'a:..' . $■ P- m: bishibit A Jt^solutlon No. Saoo 2 ^Ibcceeding this maximum boat density, or exceeding the number of permitted 1:5^; /^/^rSronS minicipal Code. Ill. DOCK LAYOUT The dock structure or layout authorised *jy this license shall be as shown or 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 'As CSU86 £oxr lAcsnss revocation and/or prosecution by the City. I- ■ 1. Six slips are approved for Victoria Estates Homeowners Association for 1992 subject to the stipulations set forth in Resolution #962 dated December 10, 1970. 2, All boats permanently moored at this Joint Use Dock must be i^Q^istered to the applicant prct^orty owners. V. Nothing in this license shall confer upon any person for the benefit of any property anv vested right to use Lake Minnetonka or the premises in a IMmier permitted' by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances City and c ler competent regulatory authorities shall deem necessary from time to tia.e in the public interest. fe- itmt:- 1?^' • .« ft ^4’ I- fe.r I-m..te ihi-- cfe;vW' Km &f-mW- i#If g i t f !#■k% •&xl^- fe '•'■■'• ^ ‘F I®. ff. ^ 'Ml SFi. S: IFS| li" I?V P if IV ij. §' p^- fc''- t:I:- 1^’pFt::. V,aK® ^■\n nevo |2.cisoi-Lx--r70'^ * *2^ . • .. ■• " -u^^‘ 3o ooo gpp5 c, ^UPS CO <ow Oz O m acv > _2 Q. /<^79- 40 /^fo-60o, {<tH /if'z^ iic>, t‘=1-1-40’^ r^MzTn- mc*u cia-J .-V p- xS,.w-M-' '■■fr ‘y.r-i ..* •jiVf*m. £■:• ■; f- ksf^- Kp'. '■ II. V;' i ¥'■:x I, h. |^V> ■' id-.'.. ■ Vi' ¥>'■ ':Pi-.i ,%•■ M"fo. t'I. M'" , » ' .i v < i Vf ftii- Si f' P'-’^I' tt-' CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 92 la^snriationl ^ ANNOAL joint use nnric T.TCENSE APPLICATION pursuant to Orono Municipal Code Section 5.42 i , A rrrv nc nr>nxin UX I I U*l U'MU’ItU rrnAAfrc nccrrc I irtr7»Ti_i. L'l t 1 ui. V * i7nAAAA .•X A i->V'wvv Af rcii \*X L"*!.!!rurrv ji Ul lt.C M f L. 22.00 22.00 RECEIPT-THA^S YOU Date Form Sent by City Staff January 3, 1992 fl233J^0 COOl ROi 716:4 DJJ29/9. Date Application Returned to City- - - - - - - - Fee Reoived $_ _ _ _ _ _ _ _ _ _ _ _ _ _3y Employee ■!rs jscssns^ therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATOACMffiNTsfAND LICENSE APPLICATION FEE TO THE CITY CLERK BY JANUARY 31 OF THE LICENSE YEAR. AggnrtATTQN INFORMATION A/O a/<^Association title or name (if any) Lake /?f/_ _ _ _ _ Person responsible for this application: rrki^V /^. _____Phone . ?SS-- O^C>/ Mailing :>i0^y^7y4 ^ , • __ -7T//y~**-i .a. A<;c;ocration /r¥cz --------^— -------------- Page 1 of 5 -L:x.aa-. i«. p I k. t)-?, L*:- ?v. fc.Is::?*- i* !•? fc-" X' • ■ . wfeV ■ X-. p|r. #?!■w^'g:PP-- m-- St* !i^' S'; ^ ' tt'-i'-' 5'.«. PS as P._ ii-^ 'A t. p: WaA: %'Vi:, S?"' a-'P: P :?■ P’ ft 5. 6. 7. 8. Association is (check applicable itetts): unincorporated homeovner's group, incoroorated Hoinsowner*s Association, unincorporated club or recreation group Incorporated club or recreation group. Principal purpose of 'oint use dock is (check applicable itens): provide boat mooring and lake access for residential property pro-yide swinnning access^ beach > or off chore dock, provide a club or association gathering place for acti’/lties. Dock is located on (check applicable item): one member's private property, easement or outlet ovned in common. ___ property leased by the group/association. property ovned by the group/associatioa. List Dock location and ovnersnip information: street eddresa S/XS' AACT^ a^Y^/9y^ legal property description______________________________________ PID # o9’-//7^2.B 3^/ Names of abutting lakeshore property owners: s/^S'(Nort / 7s?ey€y (Name + Address) East)f/cc. •yt/^7^ (Name + Address) Names of other affected property owners; I M/ (Name + Address) (attach sheet if necessf.ry) ^ S/^s" /i/^y^z ^ A:/A//fyML^cy7t. ^c/y/'VS y^/9tP ’X 2 of 5 hi; I insurance Coverage - The Jointly used doct is Insured by one of the foUouing: • property o\ ^x*'s homeovner's policy, separate group/association owned policy. list the following infonnation: name of insured name of insxirance carrier of Insurance agencyUBiUC Wek ---------------------------------------------- —----------------------------- i policy . . effective date of coverage ««,unt Of coverage; Public liability, per person, per occurence ?SOO,C>:^ v' le* Public liability, per occur ence $_ JOO, bounty and policing of the Jointly used dock and property Is provided by (check applicable items): fencing.security lighting. JL property owner's presence. contract security service, other (specify) mClC IMFORMATIOIf 11. Sr List Dock Use Area Specifications; - . ft Leoirth of main dock from shore; SOWidth of shoreline; /yO _ beagtn 12. Dock setbacks from side property lines at shore Dock Construction (check applicable items); and 7O y' fb* 5, y seasonal dock (relocated or replaced each year). __ pemanent piling vlth seasonal deck. _ permanent piling and decking ^ vooden decking. _ _ metal decking. 13.List Dock Accessories; Nuisber of fire extlngulshera available at the dock j£_ ttunber of life preservers available at the dock ^ 14. Uat nutfjer of aUpa in each category ('•allpa" lacludea boat lifts): Transient (day use only) slips Permanent moorage slips >3__ Dry storage (rack) slips Transient(day use) off-shore buoys Permanent moorage off-shore buoys _— Maximum number of boats at tne dock doc^“TrrLnL1r'r ”wcr^urt^.rtTe%e;are^ Ty's^y public ..........- . _ V-. 'V,,.'iSr- >v , :^i- Pa- % 'ir "C. ■ , A ■■' hfJ- f. I h w erosion and sediment at 10 CONTROL 16. Shoreline is protected by (chech applicecle ..e^). X^^^^rep. _ tood seevall. _oetalsea-.il.concrete seevail- ^8 Vegetation only, other (specify) m^orv 17..Pth 0. »ter at aho«Hne la at 100 ft. out is /7^/^coyj 7~0 *9' ^ required attachments The following must accompany this appl.^cation. A. DOCK PLAN - ALL APPLICATIONS ,y.K' : :/u . doch Plan dravc - sc^: sho^np the sHoreUne^idth^oJ :r:.r^^":!'sSp3 o“r-s:^eer;arri:,^'d;y sLra.e or other cc-Und luectlons are intended, these also shou.ld be shown on the plan. B.unincorporated groups or ASSOCIATIONS . ^ «,oiiinn of ;=<11 members ar.d/or slip USfiggf1. A list of the names and nif^i ling aonressps m ni ■ ^ 2. A certified copy of the ty-l^wn ^ J^te^eht for Joint uae^ rh^folIoiL, ^ freTe-rarp“c\tr:nd ^ Tint use docK is to be :^r«eS underthe sa.e by-iaws or agre^ent ^ginaliy made rn ---------------- (state year) and on file with the City. Applicant's initials C.TNCORPORATED CLUBS OR ASSOCIATIONS A' 'j~ 1. A list of the names, mailing addresses and titles of all corporation officers A statement as tc the total number of members in the club or association, members• - - - ^ #■ fho r.t-1-icles incorporation and by-laws of the corporation.A certified copy of the articles ^ P initials and certifies Note: These copies are no| £S2uhs^ renewal application and our joint use dock the foUowmg of incorporation and/cr by-laws as is to be operated under the same ar. (state year) and on file with the originally made or last amended in- - - - - -(state year; City ." Applicant's initials A/c^7~^ CiA^^J^Th Paae 4 of 5 ilkliaMl.i.am. vV te-^i> S5 ;•. ’ .■’ ■ i*" • - .Pmm svi • Ml-*'i- SfS" g». I. J; ' te:- »■ fe/~’ 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 ^3 slips ® $2.00 each $ 20.00 (s — TOTAL DUE THIS APPLICATION - ^CC^^iT PfU ZtATE FEE - Renewals ■fi> Applications for renewal of licenses shall be made no later than January 31 of the license year. The City shall n2i. accept renewal license applications received after Jajiuary ^ unless the application ^^"accompanied by a late fee of $25.00^ REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or jnusual applicaitons, also by the Planning Commission -.id Carina 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 OP THE LICENSE BY THE CITY COUNCIL. Pursuant tc Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to revi“;W r. s 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. Sign Date Pag^ 5 of 5 ■ik wI- p- 9:^- ¥ fe CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.______ r RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, AND 1406 BOHN'S POINT ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1992 TO DKCEMBER 31, 1992 iiV WHEREAS, the City of Orono, hereinafter "City" is a municipal ^corporation organized and existing under the laws of the State of Minnesota Imd has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other ^yncsnbers of the public within the City; an'"? 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 nivigable waters involves an ^exercise of police power of the State, LMCD, and the City of Orono, of ffjjich 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 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 narinas 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. only additional private right that any riparian owner may have over tne public generally is to construct one dock to the navigable depth of 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. Paqe 1 of 2 i- I- ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. TI l L s mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as bo«iting and fishing therein? the riparian owner has no exclusive privileges to these rights; and WHBRBASr the purpose of this Resolution is to set forth the abo /e . noted general conditions and concerns and the following special conditions described on Exhibit A attachedr HOW, THEREFORE, BE IT RESOLVED, that the City Council of the City « . •• ^ ^ _ A- FT— ^ they relate to an application for an annual Joint Use Dock License 1 ■ . , 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 i facilities are used and maintained by three or . ore families, which "'•j regulations include tho annual licensing of Joint Use Docks pursuant to p Section 5.42 of the Orono Municipal Code; and fe;?c£ Orono hereby directs the Staff to issue a Joint Use Dock License ff”according to the facts and conditions noted on Exhibit A attached. .5ipv'bn the I' Adopted by the City Council of the City of Orono at their meeting 10th day of February, 1992. Barbara A. Peterson, Mayor ATTEST; ■S'r. Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of February, 1992, by Barbara A. Peterson s 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. P '' . . •f ^Notary Public Page 2 of 2 U- I-' s—r.T. ■. I. r I f.v CITY OP ORONO exhibit a RESOLOTIOH NO. _ S^^NDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICEI^E I.LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn’s Point Road Dock Address; 3155 North Shore Drive Agent: Jack F. Rhode Address: 3155 North Shore Drive, Wayzata, MN Licensee is; 55391 XX unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other __ _ _ _ _ _ _ _ _ _ _ _ _ ___ __ _ _ _ _ 4^ License Period - January 1, 1992 to December 31, 1992 JCI, BOAT DENSITY lifts, or buoys exceed the number permitted in the prior year s license. ^Authorized Boat Density per attached plan: V . gjjy Crystal ______ Transient (Day use only) Slips . .Q— Permanent Moorage Slips —3— Boat Lifts —2— Sub-Total; Slips at Dock . 2— m pi;. .fife mi Sr'Offshore Buoys fe Maximum Boats in Water Maxdlmum Boats per prior license r MAXIMUM BOAT DENSITY 3 izsss: «lit: k 'C" t ' •C«' .. 'V:. i s', »;• •%. sachlbit A K^solubion ____ ^ag« 2 %XC«edln9 this maximum J^^^^^^oiatio^iTof^thil license subject SUhdivision 2 of the Orono Municipal Code. r-.- t » lai. DOCK LAYOUT the doelt ®^“=*"^®E/hibYt “b^ “ An'^’cha®nge\’' in^tnis'^leyout'sU 11 be SlSSj^i:^"<r^«“revr^ and approval of the City Council. rt. SPECIAL CONDITIONS required for license*is^'tibject to 2; City and/or the LMCD. The issuance oE th^ these ^2iliS^^".J:^ff«nclnsf Nation and/or prosecution by the City. . This license is t\°e^\%y“coSr ~"rlzed°a^ set forth in Resolution #1212 or tne v- x follows: a) The three properties to which this Joint Use Dock License is granted are described as follows. 1. (P.I.D. #09-117-23 33 00°1, -That part^of s"lu'2 ^oVe.V ISlt”\hereoi”and South of Registered Land " survey NO. 269” (3155 North Shore Drive) e»n 1-I-» T2 ”5 1 0H1‘i 1 ”Tract I and the West 28.5!iu... »•- u... Bohn'S Point Road) a«n TIT m TT oni6) "Tract G and that part of iii. (P.I.D. f”the West 28.5 feet thereof, Registered Land*'survey ‘’No.‘‘269" (3185 North Shore Drive) b) There shall E>e °“ly °"® ^°=^h®Jl°b|'^no"grerter°tLn°^^ 09-117-23 33 0001) «hich dock shall beaccordance with la length, and which ”^2^0^ ordinances, and which dock is ;it^nd‘LVtrs^^%e t7l/?he"o^';°errf^ their successors of the 3 properties described in a) above. Ji 1 a. /O T n ng-117-23 33 0001) either attached c) on the Rhode Vhe lot or located on the lot, to the dock, J®?'® 3.^"any ’^°tii.e more than three watjrcraft, as 5elfned ”b^ ?he iSTcd! eiJer docked, moored, or stored. ■■ idlibit A •solution No •9« 3 ■ *■ a, Th- three watercraft -IX-d -y be owned only by the owners of the properties ascribed in a, abovof the proporoie= ------------------ , Hothlng in this lak^Minnelon^a L^tonka and the premxses competent regulatory authorities Kd ordinances as time in the public interest.^11 deem necessary from time to time m : ^•;x ■■ ■■vv M, 'W-l:h: l‘\ ■ V-;V'- M x: X 4 .v • a®'-. , ,j.,'Vp f : ■■ .>v .. X- " •'’ ^ ■A r. :-v- r.v' rr-'-5^‘'Ji'i- H"'- {H . ^ > , I '■%;A. i+Af ??■■■'. V' -y/. • #: tvr- fc. }}/[r mr ■ ■0>:: :%■tt»s .l£ i^V^: la,':ii'a:'- ri^h. if/', Yi'V i . ‘V,,- L|im a. Vf. fI' .;** I t.0~ Viz CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 r LICENSE YEAR 19 92 ,JAt' 1.4 1221 (association) ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 CITY OF OFCHO FlhlAr^CE OFFICE Hi i In An/S/) i Ji i iS.OO 4B» 00 RECEIPJ-rmK YOU 01 CE^ CHECK n Date Form Sent by City Staff January 3, 1992 H232510 cool ROi Til: ___________0UI4y Date Application Returned to City Fee Recived $By Employee I^Taly iakelhor^propL^y?^ wit^ first having obtained a license therefor from the City. BTfivcTT roMPTPTE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTAC^ffiN^ A^ LICENsf APPLICATION FEE TO THE CITY CLERK BY JANUARY 31 OF THE LICENSE YEAR. association INFORMATION 1. Association title or naa.e (if ^^ 1j i\.S 2. Lake ^ 3. Person responsible for this application: Phone // 7 ^ - V/ / 'VName >J/ ,-v/ Mailing Address ^ /I Relationship to association Page 1 of 5 '■,ef ?T' V* ’ •* It., ‘^. fSl^v ■ fe- ' ' 6, Si?';-. . tv#^'-: ■-vf’'.:-'* ^ ■ .T > '■ ^V:' '■< 'i ■■:W-:. 7 5"‘‘-''‘t''t "i' . * i‘. ',*• ’ry’‘- he.. c’j®'- ■ •:V\' >v ^rfh ■f ‘ ■ 'i’’ • Association Is (check applicable iteics); unincorporated homeovner's group, incorporated Homeowner’s Association, uaincorporatid club or recreation group. Incorporated club or recreation group. Principal purpose of Joint use dock is (check applicable items): ,/ provide boat mooring and lake access for residential property. y provide svimmlng access, each, or offshore dock. provide a club or associatxon gathering place for activities. Dock is located on (check applicable item): one member's private property. ^ easement or outlet owned in common. pxopeity leased by the gioup/association. property owned by the group/association. -t. ' ^ List Dock location and ownership information: street address ^ ^.T~ ^^. I ' legal property description Zo/- 5 / ^ ^^ /c^r.kl PID # _ _ _ _ _ _ _ _ . listed property owner(s) 8. Names of abutting lake shore property owners: (North/WeSt) (South/East) (Name + Address) iz. *\c> ^ ^ , .—._ _ (Name + Address) Names of other affected property owners a:4-(Name'^t Address) (attach sheet if necessary) 2 of 5 1 f'i ' 9 . a1* S' pi • W -------V' .» n r.a<r= The lointlv used dock is Insured by one of the following: Insurance Coverage - me joinx.j.y nroperty owner's homeowner s policy, separate gir^up/association owned policy list the following infonr^tion: ^ V >■ ■ a timiu* of Insured pamg of insiirance carrier / r-i.:: name of Insurance agency policy no. OS - S ^ f ^ ±LjL—A^1)^0 / effective date of coverage —2-" K. V V.? : j-,. • IG- a»,unt of coverage; Public liability, per persno, per occurence $ ^ Public liability, per occurence ^^ Security and policing of the Jointly used dock: and property Is provided by (check applicable items): r-fencing. ^ security lighting. JL property owner's presence cont^a^t security service, other (specify) -- - --- - - --- - - -- m. ' V roCK INFORMATION 11. List Dock Use Area Specifications; Width of sboraline; z no l^ugth of main dock froo shore; _4^ Dock setbacks from side property lines at shore; Dock Construction (check applicable items). ft. ft. and X o ft^ 12. I t^easonal dock (relocated or replaced each year). ___pensanent pillag with seasonal decs. ------ permanent piling and decking ie.'irooden decking. _____ metal decking. 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock / ^ A List nvsnber of sUpe In each category ("sllpa'’ Includes boat lifts): Transient (day use only) slips • Transient (day use) off-shore buoys Permanent moorage slips __[_ Dry storage (rack) slips Permanent moorage off-sho.e buoys Maximum n’umber of boats at the dock *''>; V, d^k ."Trrki:L1f'rrTvM\r^ust*norb:%:::r«e^ t“^d^.c; by%ny‘rub’ic pnncepi. .<; • t ' 'i'-- /. ■ rr;.; T' ? < gRDSION AND SEDIMENTATION COrTTROL 16. ShorellDO is pwieotsd by (check arpUceble lter,s): stohsriprap. _ .-cod seaval:.. _ ac-ai sesvall.concrete seavail. A y^rass and vegetation only, other (speciiy) -------------------------- 17. Depth of water at shoreline is ft; at 50 .u. o it is I at 100 ft. out is 3 i '"iI':REQUIRED ATTACHMENTS The following must accompany thib application. A. I’ iA-.' . . ■ ■A'4;" B. I'-!: iv. I. •VV-.<-Atv- Ih s’ --.sI ■'v*' J^' ■ W. I?- I Iv'. ic PLAN - ALL APPLICATIONS A dock plan, drawn :irbryr'1f'o?r-s«1er;eirinrd;y sL„<,e o, ochec oe-unc .unccloas are intended, these also should be shown on the plan. unincorporated groups or associations j • 14ari(^r-,a«s.^p5 of all members and/or slip users. 1 A list of the names and mailing addresses ot axj. ui 2! A certified copy of the by-laws or ^^^rfollawin, copy 13 ^ Tur rint use dock is to he I" apreenent originally ..ade 1,. _ZZiL^ (State year) and on file with the City." fApplicant' 3 initials INCQ^TORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and cities of all corporation officers. • m. \ - !-• W A V* G ^ 1 ^ “t* 1 T\ ^A statement as to the total number of members in the club or association. 9/ y members./ // memcers. ^ - Aittifled copy of the atticies of incor^oration^^d ' Note: These copies are n2|_^3Hi^ rental application and our joint use dock the following statement: .hr . ^ £ incorporation a.id/or by-laws as is to be operated under the same articles ^ P originally made or last amended in /? ar^—(state y 4-v - •• Applicant's initials Pace 4 of 5 i:l5i. .... . fS'- §m ']■1^:)r^?'-%v. ill IW' ii/* - Mv, t I 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 PEE for each permanent moorage slip, lift, dry stack, or buoy jQ slips @ $2.00 each $ $20.00 TOTAL DUE THIS APPLICATION $, $ <^S CO iS:^l LATE FEE - Renewals Applications for renewal of licenses shall be made no later than January 31 of the license year. The City shall not accept renewal license applications received after January 31 unless the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual appllcaltons, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonabj^e time to perform safety and code compliance inspections. Signed Date /-yo- 9^ X Page 5 of 5 ... . ilff- -t- / .c- dig: . I [,.1 o ‘ I %es«o«^ ' CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB 7JDDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1992 TO DECEMBER 31, 1992 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existi.ng under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other menbers 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 oimers 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 pub.lic waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners? WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 ;lpal esota State . the 3ther Lmary ition sota: an .1 of bl ic s and il to Drono itlal f any ,MCD, &ters sert rcial rment illy The r the f the r amd tire with rs of "■This mutu 0 o1 # t W CITY of ORONORESOLUTION OF THE CITY COUNCIL NO. % of enjoyment which is shared by riparian owners and the l^ubXic generally includes the recreational benefits of the lake such as ibqating and fishing therein? the riparian owner has no exclusive privileges to these rights? and WHBREASr Lake Minnetonka is capable of substantial beneficial :t>ublic use only as long as all riparian users of the lake are regulated in _ A- ^ 1 ^ ^ ^ T« ^ +• A ^ V* "1 'i rr 4* C! • mmm mmm ___ _ _ _ _ __ _ _^ ~ *» I: such a way as to ensure there is no abuse of the limited riparian rights? land f WHEREAS, the City has adopted reasonable regulations regarding ^ the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code? and WHEREAS, the pux ose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions ha they relate to an application for an annual Joint Use Dock License lllescribed on Exhibit A attached, 1-^ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City _ _ « ^ 9o£ Orono hereby directs the Staff to issue a Joint Use Dock License I^ACCordlng to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the Ciry of Orono at their meeting KOn 10th day of February, 1992. I ATTEST: i Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk STATE OP MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument wa' acknowledged before me on this 10th ^day of February, 1992, by Barbara A. eterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Mxnnesota municipal corporation and said instrument was executed on behalf of the City. Note ry Public Page 2 of 2 .• * . ■ * m • . t ":-.., v.’.' *•• '' ,ivf.iV^- ’•ry- :f'' •f ^ iV>'’ ■k-, «' ■ ■ '• -"■;.?v;- * ' P' • '/■•;•/• i. . . V : • . ■/aS;. CITY OF ORONO exhib ::t a RESOLUTION NO. _ CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE; Forest Arms Country Club Addition Homeowners Association, Inc. Dock Address: 4245 Forest Lake Drive Agent: C. James Lange Address: 970 Forest Arms Lane, Mound, MN 55364 Licensee is; XX unincorporated homeowner s group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other _ _ _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ ___ _ w;.:. ■ V-,- m ■ ,;• ■:Hi . • V-' •v.r«. ■’k V ■> ; P i: V Lic^.nse Period - January 1, 1992 to December 31, 1992 II, BOAT DENSITY The number of in-place boat C°’"lnf l“acco\dancl^w!th Resolution 938, in no case shall the number of authorized^ license.*^ ' lifts, or buoys exceed the number permitted in the pr y Authorized Boat Density per attached plan: Bay Forest Lake _ Transient (Day use only) Slips —Z— Permanent Moorage Slips —Li— Boat Lifts —— Sub-Total: Slips at Dock — Offshore Buoys —II— Maximum Boats in Water _ Maximum Boats per prior license MAXIMUM BOAT DENSITY same I *» s .V si-'■ ■’■■itiOIlr U Exhibit A 1 l|H Resoluti on No. ' Page 2# Exceeding this of this^lic^nse%uh^ revocation^ Municipal Code. ed the e with SlipS/ ise. 4 ^ 111. DOCK LAYOUT IT®,.- r.tt.“chirExh\“!trB ;T“ Any C^t ,\\p\l%Trs.fl\^ iW: MZ^-te;p-te:- prior review and approval of the City Council. IV. SPECIAL COKDITIONS required for is subTeo"t\o°*fo'?! is cause for license revocation and/or prosecution by the City. 1 The Purchase Agreement by and between Forest Arms Country Club Addition Homeowners Association, Inc. w^ill subject plat. feT'- ft*--. il V. Nothing in thi.i license /■'. shall confer upon any person for the property any vested right to ttaSner l^ermitted by this Ao ordinances as the time to time in the public interest. p M\-mr;'- W-pfe-'-'". 'm :.v t ■1^' ir I t'lii J.irIIIfr' IPmIPm I|S i; if-r','fp»*' iT-vV-, X-«i ^' %A. ^5i ’v : 'C:^ "i '>' . Frlii i' /','V., %ii- T’-. '••■. 0 si'- K^, i' "* •’ ■:>■- • if '■■’ -. /’ '■: K'fe r-,‘ K f^r- i-' ;tx-, 'k- i ■',, I?:KK- ;_f'; •■' %■ 'i:- Sr P:l 4 • CITY OF ORONO P.O. BOX 6 6 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 92 (association) JAH 1 6 1922 , —• * 0^ ^ .TOTTJT TT.qE DOCK LICENSE AP^^’^^!! Pursuant to Orono Municipal Code Sectio CITY OF UROHO FimCE OFFICE Date Form Sent by City Staff January 3, 1992 1313400000 f\i rcu 7C» rV>m<mm W rucrk‘ V. I fUC-IX n I Date Application Returned to City— - - - --—— Fee Recived $_ _ _ _ _ _ ___ _ _ _ _ _ Employee 32.00 l2.rcTf-T.Tum: ynu 4232:00 COOl RC^l T12:5 fM n L/C section 5.4 2 Subdivision 2. LICENSE ^OOIRg g ' (group or «sooiation of persons or £amxlrs,Jo^ i„.. .joint use 'jSfany ia^rs^orf^ropertyf ’ wi?hou? lirst Lving obtained a license therefor from the City. r.rrir at T TTFNiq AND SUBMIT SIGNED APPLICATION, REQUIRED iTTAcLffiOTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY JANUARY 31 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) 2. Lalce i b>»feV)flLl _________________BayJVtAMUft-------------------------------- 3. Person responsible for this application: ,Tyi>uVj T. _____________PhoneJ,|7.j?^?- BflC <>*Q***^ I JLAf i)r >1 I * M j ^ i I ^ i Mailing l^elationship to assQciation_p|[^-^,^|l^------------------------------ Page 1 of 5 Ms:;v ■¥ .r - ‘if.ri'r--’ K<v'V- f! I m. t, ir:p;-:t'iv- k-i' :fe'- 5. ■' V ';ft 6. 0K. "^vlw- 7.i'-'-|i ?« V’ 8. >-:N . ■ -“ • : »?■ txU ■ll. \ : 1"^.' . Associatioa is (check applicable iteics); unlncorporat<3l l.o.Tieovner's group, iixcorporated Homeowner's Association, unincorporated club or recreation group. Incorporated club or recreation group. Principal purpose of Joint use dock is (check applicable items): >C provide boat mooring and lake access for residential property, provide svimmlng access, beach, or offshore dock, provide a club or association gathering place for activities. Dock la located on (check applicable item); one member's private property, easement or outlot owned in common, property leased by the group/association. X, property owned by the g-roup/aspociation. List Dock location and ownership information; street address Ccne> legal property description 10 - 12^ 12- PID # ___________ ^ NxiatV. I T. LiVij^Y N.\^. ^\}an^e^» 7rW~ CJnn^M Names of abutting lakeshore property owners: (North/.Hc-g^)KgA^/eio^(Name + Address) South /(Name + Address) Names of other affected property owners: K. 1 2 of 5 KT' T 4 . Insurance Coverage - The Jointly used dooh is Insured by one of the follovlng: tjroperty ovner’s homeowner's policy. - VVl- separate group/association owned po.Ucy list the following information: Tiame of insured name of insurance carrier GvinPr^ C4fltfA-K| (Vpaid'^---------------------------- wnw^ Of insurance agency ^ ------------ policy no. Afrnin^l(s-aj __________ ascunt of coverage; Public llebility, per person, per occurence J ^,w£L Public liability, per occurence $—SOP, OPQ Security and poUclng of the Jointly used dock and property Is provided by (chedc applicable items): ___ fencing. _ security lighting. property owner's presence. contra-t security ser'/’ice. other (specify) —------------■ — Ife POCK IMFORMATION 11. List Dock Use Area Specifications: Width of shoreline; RO ft. Length of main dock from shore; _25_ and -2-0Dock setbacks from side property lines at shore; — Dock Construction (check applicable items): seasonal dock (relocat'^d or replaced each year). _ _permanent piling with seasonal deck. X_ permanent piling and decking. - wooden decking. __metal decking. 13. List Dock Accessories: number of fire extln/fulshers available at the dock number of Ufe preservers available at the dock 14. Ust number of aUpa in each category C’sllpe" Includes boat Ufts): Transient (day use only) sHps _ Permanent moorage slips ^ — Dry storage (rack) slips 0 ft. ft. Transient (day use) off-shore buoys JO Permanent moorage off-shore buoys C {^ximum number of boats at the dock ^ 15. List number of off-street parking spaces aval lab le^r by^any public dock. Parking, if provided must not be separated from the dock by any pu A iV-' » ‘ ■j4;>t. 0 Shoreline is protected by (cneck applicaole items); 'i-fctone rip rap-vood sea’^li. _ _ ®etal seawall-concrete sea’-^il. X, grass and vegetation only, other (specify) 17. f ■ i', . '.4 , j 4« A- -r-^ • at 50 ft. out Is Depth of water at shoreline is at 100 ft. out is A _• 4 J BEOniFED ATTACHMENTS The following must accompany this application A.. DOCK PLAN - ALL APPLICATIONS B. K dock Plan, arawn to scale, showing the shoreline width of intended, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A Ust 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: Jhis COP^Jt rlZilli if tiie applicant initials and certifies the .tf^emenir "This is a renewal application and our 3°iht operated under the same by-laws or agre^ent: orxginalli made in -- - - -- (5tate year) and on file with the City. Applicant's initials Ce TKrORPQRATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation office. 2.A statement as to the total number of members in the club or association. A- members. 3.A certified copy of the articles of incorporation and by-laws of ‘ origL.aUy‘’^de1r “fst ^end^'ir''°_(statfyLr) and on file with the City." |^s|T7 _ Applicant's initials Paae 4 of 5 'it 'A- ...^ H',,- •t ‘■ ‘fji '■■**■.■■■' .v'»' &M-pL PS' 1:' ii-\ ;Km-'K;.:i >Pr (%>:>■ ‘SS sjr: ■ >!V-" '■■ Kvfv.-'., m> ii 'V::J / ..V:' W-•St*' D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application current City Fee Schedule fee according to the INITIAL APPLICATION PEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy iff slips @ $2.00 each $ $20.00 $ \% 0O TOTAL DUE THIS APPLICATION $ 37-00 LATE FET^ - Renewals Applications for renewal of licenses shall be made no later than January 31 of the license year. The City shal^ not accept license applications received after January 31 unless the epplication is accompanied by a late fee of $25.00. REVIEW PROCEDURE-------- - - — - -—------------------ When a complete application is rece ’^edf the application will be reviewed by the City Council anS. case of new or unusual applicaitons, also by the Planning Commission and Marina Corimittee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONL ’ UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Coda, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed, \ Page 5 of 5 .... r*' CITY of ORONO Municipal Offlco Post OfTke Box 66 CrysUl btyt MinnooU 55323-0066 January 3, 1992 RBs 1992 Joint Use Dock License Application Dear Joint Use Dock Licensee: Attached is an application for renewal of your Orono Joint Use Dock License for 1992. Please complete and return it with the appropriate fee by January 31^ 1992. Sincerelyr Michael P. Gaffron Asst Planning & Zoning Administrator MPG/lsv Enclosure - Application, Return Envelope V H '-t ‘ -h ■ ■'vt ,vy;:,v '-■M- w TCLEPHONE - 473-7357 • FAX • 473-0510 ;S’■ ' ’-Vr. ■ V.!'■K:$ ^04;;n. r-iSs ...';• it'' iJ' M'Vm' '1' :,!■ 1"''. •_-T I &■ .tf' % CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. RBSOLOTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO NAVARRE COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1992 TO DECH«BER 31, 1992 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 StatuteSf 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 Ambers of the public within the City; and WHEREAS, the City shares concurrent jurisdiction ove. -he primary harbor limit of the City of Orono with the Lake Minnetonka C iservation 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 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 ell other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 I% » ' ,.'. * S"' // •r ^04, o o A V 1', ■^.^> CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ 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 WHBRBASr 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 cf the limited riparian rights; end WHBRBASr the City has adopted reasonable regulations regarding bhe construction and use of lakeshore and dock facilities when such f!a ;ilities are used and maintained by three or more families^ which ragulationi. Include the annual licensing of Joint Use Docks pursuant to Section 5,42 of the Orono Municipal Code; and i WHBRBASr 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 Idascribed on Exhibit A attached, NOW, THBRBPORBr 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 Orcno at their meeting on the 10 Lh day of February, 1992. Barbara A. Peterson, Mayor ATTEST; ‘■A-' .Dorothy M. Hallin, City Clerk STATE OP MINNESOTA ) ) ss • COUNTY OF HENNEPIN ) The foregoing Instrument was acknowledged before me on this iOth day of February, 1992, by Barbara A. Peterson & 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 feV-*• i".. „ friAi,' ftAffi I CITY OP ORONO exhibit a RESOLUTION NO. m^- ?4'-“7 CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Navarre Cove Homeowners Association Dock Address: 2505 Kelly Avenue Agent: Daniel T. Lindsay Address: 100 South 5th Street^ Suite 2500, Minneapolis, MN 55402 Licensee is: _ _ _ _ \inincorporated homeowner's group XX incorporated homeowner's association _ _ _ _ unincorporated club or recreation group _ _ _ _ incorporated club or recreation group other _ _ _ _ S’lvp' 5*:" M : i.';? II. License Period - January 1, 1992 to December 31, 1992 BOAT DENSITY fife- m-:'-^ . -^1-4 i.»v- : ^ ‘ ^ •‘J? I • ' ■ itsm;i:. K ' ■ r I r ;• '•■Mips;,. 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 Carman_ _ _ _ Transient (Day use only) Slips 0 Permanent Moorage Slips 6 Boat Lifts 0 Sub-Total: Slips at Dock 6 Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per prior license MAXIMUM BOAT DENSITY Scime 6 I%>■ Hiibit A isolutlon No ige 2. ie«adin9 this l\cenSe"s°ubject tl* DOCK LAYOOT aocx -v “<=ra%yhiYt tiS?;ct”Vrrtor%^v\*i^'"and Vpp«/al of Ihe City Council. r. SPECIAL COKDITIONS required for license^is"subject to m City and/or the LMCD. Failure to comply with these prosecution by the .ty. "NONE" Nothing in this li«"- Vighr t^^se" bVe^LS^et^nKa'« thi flefit of any proferty Resolution, but the use of take '•mises in a sianner permitted y ^ subject to such regulations .nnetonka and the premises /®”l__etent r»gulatory authorities iil deem necessary from time to time in the public I fee. bii: : - ->’(t' '/il-' i r=y.V>- }’^C v:-;v> '#fr '■•rvv '5te' MM */*'•> *.'a • . I# -If ■t'- ;#^v-f ;;e?^m: li. i^Svi-li- i- t ■ F f' Wf-- i*... U; w.m•rjf'«-" i«v>:I'r'- K*;Tv •- 'y=Kor J^ytHiBlT S ^ ^ PlA/^ AJ^‘ ---------- i4^t-'/^9^ Ci^je /9 7e-c »•' = y«H 1112-6>0 t I f.»' '-- /‘?tS: /#/*»• /4fi ' ,in - fiH- 'ffiri’ - /ff7- /9S? I(?‘I0- ja » • fg, . ^ o . CO • CO • CO CD^lp^oo ■ip tuM. / TO: FROM: DATE: SUBJECT: Ron Moorse, City Administrator 0 John R. Gerhardson, Public Works Director February 4, 1992 Feasibility Study Willow Drive Upgrade MSA Standards 'C. y.. \ i; C-;- ^ W Ai part of our long range planning for major improvements to City streets^ that part of Willow Drive from Highway 12 to County Road b is scheduled for upgrade for 1992. The upgrade will consist of rebuilding that section of Willow Drive to 9 ton standards with 6-8" paved shoulders, a paved bike/hike path on one side and turn lanes at the intersection of Highway 12 to allow for the future signalization of that intersection. : i t-" S'- The improvements will be paid for from Municipal State Aid Funds (MSA) which is the monies the City receives from the gas tax. MSA rules and regulations require a feasibility study be conducted as a first step of the process. feasibility study for Council review and approval. I have drafted a resolution directing the City Engineer to prepare a I?- Recommendation to adopt Resolution #directing the City Enoineer nSK - to prepare a feasibility study for the upgrade of Willow Drive from Highway 12 to County Road 6. Proposed motion moved 2nd to adopt Rescluticn # directing the City Engineer to prepare a ^.easibility study for the upgrade of Willow Drive from Hi^nway 12 to County Rt id 6. I'"r: fi'- ^ ' ^ % i-!: r ^ t;^V.i ■■ ;%W ft ‘.hr, ■i. " ‘‘ 'V- '■' ■ =;■■' I; ft RESOLUTION # A RESOLUTION ORDERING FEASIBILITY STUDY FOR UPGRADE OF WILLOW DRIVE FROM HIGHWAY 12 TO COUNTY ROAD 6 WHEREAS, the City of Orono is a municipal corporation existing under the laws of the State of Minnesota, and WHEREAS, the City of Orono has designated certain roads in the City as Municipal State Aid Roads (MSA), and WHEREAS, Willow Drive from Highway 12 to County Road 6 is designated in the MSA System and is in need of upgrade to 9 ton axle weight standards. NOW, THEREFORE, be it resolved that the City Council does hereby direct the City Engineer to prepare a feasibility study of that section of Willow Drive from Highway 12 to County Road 6. Adopted by the ''ity Council of the City of Orono at a regular Council meeting on February 10, 1992. Barbara A. Peterson, Mayor Attest: Dorothy M. Hallin, City Clerk P"v [■:- ;4 ' - ’Pi::-■ Wr w >v '■-i. ■- ; ,•-■. ^'■' • m- '■V i::r V^‘W I-f^y !■' r '«■I feil’ feI.t- y-'m. ty ■f ^ m Bonestroo Rosene Anderiik& |\|| Associates Engineers & Architects February 5,1992 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Mr. John Gerhardson Re; Flic No. 13954 Elevated Water Storage Tank Ovc g 9o;irv.‘^ Pi /05«Dh C Ar«vnx e| Ww 4. 5o^'/^ie. IKl^VaftJ I •ytOff Pf t Ccot •»wnjj C Noyfi f5 t35^*» C5 khwh-fhi M C PA Kestn A w ^sur * P| /tyff A 8C;/C3'’ Pg M^i A Hanitn. Ap C LOMMJ. gf C A . A A S^htoiU l*lt oo-vc C PI *ed K Pf.^a Pf ^ mumjnr^ ei i^OOCh g •! ^ha'nii A' Prrprton. P£ M-naC' C P| J4-VI r >»fe •cenAfT' e A(Vip*(4 v» Mif« P PdPi P| f Argyi Or'i«C' ^ fflflWC'' vv^ A Vo p| pp'p®; C^wt PI ltrAe< •Aw't.nAf Pf Ma»« D Pi Tromii I AACffto^’ A • A 0 j7 p t><jncc/ PI VlCI 3 P| ■ C/jry er #- r 'Mrt • • a V *•*». A »; $• V I t ♦^‘•/Vi » »»f (.**•»•• I I ; ryif • C«^v X' VW«I«>« p( Ajw I PC **r njt„ P> C> « t , %»*(' M M,va< V ' vv<' /<-l ,1^, ^ 0 Dear John: Bids were received for the Elevated Water Storage Tank at 10:00 A.M. on Wednesday. February 5, 1992. The following is a summaiy of bids received: Bid A Bl(i B All. 1 Hvdropillar Water Sphernid Pb).I)i?,Qri Pitt-Des Moines, Inc.$592,150 $675,000 $.3,000 CBI-Na-Con No bid 617,900 ••• Phoenix Fabricators 754,131 714,743 7,700 Caldwell Tanks Inc.755,000 785,000 Brown Steel Cont.824,400 No bid 3,500 Engineer’s Estimate 667,000 680,000 3,500 The low bid was received on the Hydropillar Tower design which Is the preferred design by the City staff', AUtemate 1 provides for the placement of double doors with a 6 foot opening in lieu of the 3 foot pedestrian door. We would recommend that the project be awardeo to Pittsburgh-Des Moines, Inc. on Bid A plus Alternate 1 for a total of $595,150.00. We have worked w-ith the low bidder on several pn)jects in the past and the work was satisfactorily completed. Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE, .ANDERLIK & ASSOCIATES, LNC. Mark R. Rolfs ¥ MRRtli 13954.cor Sfd#] •isl# m O nf«T:¥# V:l«l [mlzX9 < 'S M ef if : « p, . e m: * 4f Tv'''c>-; p' •■-'v ip.- . u rt' 4i iJj. :i '- P> . K\ \ p'l ;*• I- V?- r,.Tf::- ^v ’ >• ■ i» S/ ■ I 15 4 T, r St. l.= KI £ #rk^ i-fl:'* El.«' *. ■ / TO:Mayor and City Council FRON Ron ’'oorse/ City Administrator fsp'i %e/./ f>*^ *l ^P » DATE:February 5, 19J2 SUBJECT: Police Chief Six Month Performance Rev.ew ind Salary Adjustment The employment agreement with the Police Chief calls for a six month performance review and a salary adjustment contingent upon acceptable performance. The performance review has been completed. The results of the review process indicate the Chief has met the expectations set for the "posit ion, and has accomplished several major objectives. These include major improvements to the scheduling system, better managing the investigation of crimes and the hiring of two part- time police officers. The employment agreement calls for the Chi f to receive the same percentage increase as the other city staff received as their annual increase for 1992. IV i , recommended the Police Chief's salary be adjusted by 3% effective on his six month anniversary date. A f i f.. / —)/ TO; FROM: Ron Moorse, City Administrator ( Tom Kuehn, Finance D\ zee tor ‘f^0./C. ^0/ DATE:February 6, 1992 SUBJECT: Salary Adjustment - Officer Kurt Erickson As of January 15, 1992, Officer Kurt Erickson completed 12 years of service with the City of Orono. Under the 1991 LELS contract, currently in effect, he is eligible for a longevity salary increase from $18,178 per hour to $18,524 per hour. It is recommended that Officer Erickson's salary be increased to $18,524 per hour as of Januarv 15, 1992. PROPOSED MOTION - Moved by seconded by 1ncrease Officer Kurt Erickson's salary from $18,178 per hour to $18,524 per hour as of January 1 5, 1 992, as per the 1991 LELS contract currently in effect. Ayes _, Nays _. m- ><<, ^ ;'•■ ■', ,v‘ ’iff K’' *}>•*. m:- li ■ ^g>.V i^<-Kk-'teHi-1 • i ^ ' 'rv* 1 ,A. <!?i- <3-. »> / TO: FROM Mayor and City Council Ron Moorse, City Administrator t DATE: February 5, 1992 SUBJECT: Request to Hire Two Parc Time Police Officers %> ❖> From a fie"* 4 of 83 applicants, two have been selected as the top applicants for the part-time police officer positions. They have completed the testing process and have successfully passed their psychological exams, physical exams, and background investigations. It is recommended that John Schoenhoff and Scott Boris be hired as part-time officers for Orono. It is recommended that both officers begin on Tuesday, February 11, 1992, at 3 pay rate of $10.30 per hour. ?¥' '■<■■ *'. •li’' '. \m'’ fi' i k tl' <; • A RESOLOTION TO DECLARE THAT PART-TIME POSITIONS HELD BY JOHN SCHOENHOPF AND SCOTT BORIS ARE THOSE OP POLICE OFFICERS WHEREAS, the Public Employees Retirement Association Police and Fire Fund excludes part-time police officers unless a resolution is adopted by the governing body to establish eligibility for coverage in the Police and Fire Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono, Hennepin County, Minnesota that effective Pebraury 11, 1992, the positions John Schoenhoff and Scott Boris hold are those of police officers as defined in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which said employees shall become members of the Public Employees Retirement Association Police and Fire Fund. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held February 10, 1992. Barbara A. Peterson, Mayor ATTEST Dorothy M. Hall in. City Cleric M'km"--,n&- W- Mayor and City Council Ron Mooroe, City Adminiserator February 5, 1992 t^h pn, : ’.V ;•: SUBJECT: Extension of Fire Service Contract With Wayzata the City of #v» Xi'H. EiS -r ■" 0 -►! ’■. The annual charge for fire service from the City of Wayzata for 1992 is $6,685. This compares to $6,491 in 1991, for an increase of 2.99%. It is recommended the contract be approved for 1992. §Si'A^ r. * ISi3'v\ IP , M?* 1 }&j- Sl'ii'iff % r •t- Xff.. ill: t j., BW- (r- i ,v -m..--r .V pr ^ i5v--r . 1 .rr 4'. ■•, .p CITY OF WAYZATA 600 RICE STREET. NVAYZATA. MINN PHONE 473 ()234 i&'k? %■ :?Jv. ■' cmrcouNaL Robcft Ol Oinold ■1,. . • •■ i ,T ?«./< :■ '. ‘ -■ ■■ Rotart P. AabroM UdHi4 C Haratoa ■Mty V. Mt Onfory D. Ry« AitnOma “)W i JAN 3 0 i°Q2 ORONO POUCE DEPT. * ■ mu. ^ ' I ;*■: •'?. •4 > ;» . ■■■ ■.t,* ■.' :ii, i‘. f?; m:■! ?C? January 27, 1992 Mr. Steve Sullivan, Chief Or^no Police Department 445 Willow Drive Long Lake, MN 553 56 Dear Chief Sullivan: Enclosed are four copies of a proposed extension of the agreement between Wayzata and Orono for the provision of fire service to a portion of Orono for 1992. If acceptable^ please execute all copies and return them to me for signature by our Mayor. Two copies will be returned to you for your fi les. You will note that the annual charge for fire service, based upon the percentage of calls in Orono for the preceding three-year period, is $6,685. Following is a breakdown of calls from June 1, 1988 to May 31, 1991: Calls in Orono Calls in Wavzata Total Calls June 1, 1988 - May 31, 1989 June 1, 1989 - May 31, 1990 June 1, 1990 - May 31, 1991 14 121 135 14 127 141 16 116 111 44 (10.8%) 364 (89.2%) 408 Following is a summary of budgeted Fire Department e^enses for 1992 and the net amount of such expenses chargeable to Orono: ""llr?Re?iMo?!atlrpl5Sent 561,900 x 10.8% = 56,685 •h:V. M f':' r' I ft %w f'? ■' m-.. II: -i‘'.' ■ ■ • Sft‘ pft' I' •V.ft . TTnt'T ftf" if « w.. % cf-- EXHIBIT B THE CITY OF WAYZATA and the CITY OF ORONO do hereby agree to the terms indicated ’n paragraph 2. This Exhibit B shall be executed each year of service extension. In consideration of term, paragraph 2, the parties agree as follows: 1.The terms of said agreement shall expire at one minute after midnight, December 31, 1992 unless further extended prior to that date by mutual agreement. 2.Orono shall pay to Wayzata the sum of $6,635 for fire protection rendered during this period, payment of which may be made on a quarterly basis. IN WITN'^SS WHEREOF, the parties hereto have executed this agreement on _ _ _ _ _ _ _ _ _ _ _ _ _ > _ _ _ _• CITY OF WAYZATA CITY CF ORONO By Mayor Mayor And City Administrator mm:fw #1- Lj-^wy P®'Ifll- te- fv :';5v I?'’.- V" r.c* ■i &■ fe^. ‘f 5' ;&'♦. TO: FROM: DATE: SUBJECT: Ron Moorse^ City Administrator ^ ' f^/j John R. Gerhardson, Public Works Director February 4, 1992 ft* >«% >•0. ^ Public Hearing Date Year XVIII Community Development Blcck Grant Program Each year the City of Orono receives monies from HUD through the Community Development Block Grant Program. The estimated amount of funds for year XVIII is $26,220. Part of the requirements for receiving the funds is to conduct a public hearing to receive citizen input. A public hearing must be conducted prior to March 30, 1992. Recommendation to conduct a public hearing at 7:00 p.m. on March 9, 1992 to receive citizen input for the Community Development Block Grant Program for year XVIII. Proposed motion moved 2nd to conduct a public hearing at 7:00 p.m. on March 9, 1992 to receive citizen input for the Community Development Block Grant Program for year XVIII. .-a'' I0W"''fe-Is"F' t ■\4r >*' - - In'-'*'mhr ■hi- '«<;• r& SB- ir-? * ■'te~' . . •T' r-?‘mfe W’^ ^OAr ''/ TO: FROM: DATE: SUBJECT : Ron Moorse, City Administrator John R. Gerhardson, Public Works Director February 4, 1992 Joint Powers Agree^^ent West Hennepin Recycling Commission In the past several years the City of Orono has been a member city of the West Hennepin Recycling Commission. Each year a Joint Powers Agreement was prepared and approved by each member city. Because there are no changes in the agreementr a resolution to extend the current agreement is attached for Council review and approval. Recommendation to approve Resolution #_ _ _ _ approving the exten'jlon of the current West Hennepin Recycling Commission Agreement until December 31, 1992. Proposed motion moved 2nd to approve Resolution # approving the extension of the current West Hennepin Recycling Commission Agreement until December 31, 1992. ^ ■ • A'< 'V' If' .V" . P ■ ■ % V'.' ‘ <.i -, if. AW ■A- uW-. h- RESOLUTION # RESOLUTION TO EXTEND TERM OF JOINT POWERS AGREEMENT OF WEST HENNEPIN RFCYCLING COMMISSION By the City of Crono WHEREAS, th* cities of Greenfield, Independence, Long Lake, LorettOf Maple Plain, Medina and Orono have operated their recycling programs through West Hennepin Recycling Commission, a Joint Power established under the authority of Minnesota Statutes section 471.59 since 1986, and WHEREAS, this has allowed the above listed cities to share recycling costs and expenses with the benefit of reducing costs to the cities, and WHEREAS, the City of Orono wishes to continue the program and cost sharing as ourlineJ in the West Hennepin Recycling Ccmmisrion Joint Powers Agreement; THEREFORE, BE IT RESOLVED that the City of Orono authorizes the extension of the West Hennepin Recycling Commission Joint Powers Agreement through December 31, 1992. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held_ _ _ _ _ _ _ _ _ _ _ _ _ _, 1992. Barbara A. Peterson, Mayor Attest: Dorothy M. Hallin, City Clerk •>r •:x x> O / f\ Q?/. T02 John R. Gerhardsoii, Public Works Director Jack Brinkhaus, Public Works Supervisor Date Februiry 6, 1992 Subjects New Truck Purchase In the 1992 the Public Works Department budgeted $45,000.00 for a new dump truck to replace the 1980 Chevrolet we now have. The County solicited bids and Lakeland Fcrd Truck Sales will be the heavy truck supplier for 1992. The City of Orono participates with Hennepin ^ounty Purchasing on these items. The following is a breakdown of costs foi the new dump truck: One Diesel powered-single axle Cab Chassis 33,000# 6VW $34,731.62 16,000# cap. min. front axle & springs 24'j HP turbo charged Diesel engine Radio, AM Manufacturer's special color Parcs manual 1,706.75 1,500.CO 125.00 44.00 45.00 Shop manual 188.00 > mam mm mmrn mm mm m mm mmm $38,340.37 McQueen Equipment was the low bidder for the hydraulic system and the dump box. Their price for these items is: TOTAL 7,062.00 $45,40^.37 Recomnendation: To purchase a new d mp truck from Lakeland Ford Truck Sales at a cost of $38,340.37 and the hydraulic system and dump box from McQU'.en Equipment at a cost of $7,062.00 for a total cost of $45,402.37. Proposed Motion:Moved 2nd to purchase a new dump truck from Lakeland Ford Truck Sales at a cost of $38, 340.37 and the hyrdraulic system and dump box from McQueen Equipment at ci cost of $7,062.00 for a total cost of $45,402,37. h • W:. :c' j r r// ,,, %? TO: FROM: Mayor and City Council Ron Moorse, City Administrator }9Sg V, ■ ‘ ^ u DATE:February 1, 199? SUBJECT: Scheduling A Council Work Session and The Assessment Hearing Concerning The Stubbs Bay Sewer Project It or is recommended the Council meet the week of eitner Febnary 17 February 24 to discuss the scope of the Stubbs Bay sewer project, and to discuss assessment alternatives for the project. The assessment hearing for the Stubbs Bay project was originally scheduled for Wednesday, March 11. Glenn Cook, the City's consulting engineer, will not be availaole during the week of March 11 or March 18. It is recommeded the assessment hearing be scheduled for Wednesday, March 25 at 7:00 p.m. in either the Education Link building or the High School Cafeteria. I,: t-- 't ' Ir i. sr kI r ■y.\. ^(Q.. Mayor and City Council FROM Ron Moorse, City Administrator (3 . %V DATE:February 7, 1992 SOBJBCT: Council Chambers Audio/Visual System The City facilities budget includes $35,000 for a Council Chambers audio/visual system plus $15,000 for signage for the Council Chambers. The purchase and installation of an audio/visual system that would meet the city's needs would cost app oximately $40,000. This docs not include any funding for the designing of the a* io/visual system. The various tasks included in the designing of a system are as follows: a.Develop alternative methods of providing an audio/visual system with emphasis on the presentation support system. b. Draw schematics to show how each alternative would look to the Council and tc the audience (work to make the technology as invisible ac possible). c. Develop budget estimates for each alternative. d. Work with the City to select the best design alternative. e. Based on the selectevl alternative provide the following: 1. Develop construction drawings 2. Develop bid specifications 3. Review competitive bids 4. Monitor construction to ensure the installed properly and operates properly. system is The city staff and architect do not have the technical expertise required to do the technical design work needed to ensure an audio/visual system that meets the city's needs. There are several alternatives for having this work done. The cost of the alternatives range from $10,000 to $20,000. Alternative 1. Hire a consultant to perform the entire design process. This is the most expensive alternative at a cost of approximately $20,000. However, this •alternative is the best way to ensure the system meets the city's needs. Also, a portion of this cost, approximately $4,00-5,000 would be recovered through a lower cost for the final system. This is due to 2 v:;.. V-1 t ,;V - ■ :^.-f r 1^- fc- hl»h iv p.;., P'- I •J..2*--i •v'v factors: 1. Assurance of a competitive bid situation. 2. The vendors would not have to conduct any in-house design or engineering work which normally gets inrluded in the cost of the equipment. The total net cost of consultant would be $ 15r000-16,^00- the Alternative 2. Hire a consultant to assist the city in developing the parameters for the design of the system. pj^Qvide these parameters to an audio/visual system vendor and rely on the vendor to complete the system design and to provide and install the system. This alternative could save approximately $13,000 of consultant costs. However, the cost of the system would be approximately $4,000-5,000 more than under Alternative 1 based on the factors indicated in Alternative 1. Alternative 2 would not provide for the development of bid specifications required for a competitive bid. Staff will check with the City Attorney to determine whether competitive bids would be required for this project, if the project was made a part of the Architect's responsibilities. The overall net savings provided by Alternative 2 is approximately $8,000. Alternative 2 would enable the audio/visual system to be designed and installed within a total budget of approximately $50,000. The provision of a system using Aitetnative 1 would probably exceed the $50,000 budget amount. Although Alternative 1 would provide the greater assurance of a well designed and well built system. Alternative 2 will also provide a system that meets the city's needs. A1 ternat ive staff and by 2 would require significantly more effort by city the architect. There are an unlimited number of hybrids of each of the two alternatives involving costs somewhere between tne two. main It is recommended that the Council authorize a specific budget amount for the audio/visual sv-i^m, including consultant services, at this time because much of this work must be comoleted in the next ten weeks. 14 '■•:-~ 'f •yr^'T.- p ^ •’ - : I. • * . I I* or III l«ll. ..«.» %|ipU«illl«*«« ItM K«;.lll |M«M«4 •«* «MNiiii>ialMtlraiint Milt iJi|ttt»r ‘’ON" I'miiiu^. •»< •( >n iWv^ Cwf$75.00 RETAIL “ON SALE’ ^tate of illmnef(ota, COUNTY OF _ ____ T# the Council ...................................... OP.... of the........................................of Orono Or ono ................................ State of Minnesota Ronald E. Steffenhagen Jureby appli.^.9^far a lieense far ihs term of .........One YeaH............... __!?■£?.?............ ............day of..........January _from the . 19 to $ell At Retail Only, Non-lntoxicatini; Malt Liquors, aa ths MifM ors defined by law, for eoneumption "OX" tho$e certain premUee in the__ ______________ City __ _ _ Orono__ 4ooeribod as follows, io-wU:•• ••••*• Orono Golf Course 265 Orono Orchard Road at which place said applicant .. operaU ^the btuinesM of...... t •f«.-••• and to that end represent.,,, and state as fAlown: That said applicant ts a.... ............. citizen of the United States; of good moral character ar%d repute; and ha.... attained the age of tl years; that .... proprietor of the establishment for which the license uhU be issued if tKis application is granted. That no manufactures yf sueJt, non-intouricating m<iU liquors has any oumersh':* in whole or in port, in said business of said applicant. ,., or any interest therein; That said applicant ^ko Sthis application pursuant and subject U> all tie laws of the Str,(e of Minnesota and the ordinar,ces and regulations of said...... .......................................... .......... applicable thereto, which are hereby made a pr^rt hereof, and hereby agree to observe and oh y the same; (I1«r« alAU a*ia#r r*ciuirvifi«ina. If any. of local rerolatloajf Each applicant t’urther states that by the coinmeni vmcni of h.ismcyi and by Julv / oj emh ^un cvdin^ year said applicant wilt have paid the Federal Special Oa upofunw/ Fax t*. (he Ihneau of Atcohot. Tohaa o and Fircarn'S tor a retail dealer. Dated..January_17^_______ 19., Crystal Bay. MN 55323 • •• \,-VT W- P.4 02/02/92 PR: C8 PRREGOR 122 EMP i NAME 471688060 474563339 471840871 475443862 472503991 469526026 475989721 488821018 472529007 468701868 507585424 469686562 468420832 469087884 474667812 475380151 477500666 475444249 477463877 47x569863 477647279 475604753 504260307 472500574 121262417 477700023 334506281 477028779 468909535 476780251 470700901 469848107 475382983 473746173 4S9629194 475569177 267480042 472563051 474663296 470704904 475505292 468629488 500403192 477881539 ANDERSON, BRUCE L BOBZIEN. SUE A BOSMA, JAMIE L BRINKHAUS, JOHN F CHESWICK, GARY B CORNICK. JAMES L DEMBOUSKI. JAY C ENGLISH III, IRVING ERICKSON. KURT R FISCHENICH, DAN T FRITZLER, JOHN M GAFFRON. MICHAEL GERHARDSON, JOHN GOMAN, DAVID J GREGORY. JAMES D HALLIN. DOROTHY M HANSEN, STEVEN C HANSTNG. CAROL J HASEMAN, CAROLE . BRADLEY P . RICKY D JANICE M . CHARLOTTE THOMAS M P R JOHNSON KARNITZ KENNEN. KNUTSON KUEHN. MABUSTH. JEApiNE A MOORSE. RONALD J MOROWCZYNSKI. JAMES NELSON. DAVID D 08ERAIGNER, SCOTT G OBRIEN. RANDY l OMAN. LY! t L PALMER. GREGORY A OUAST. WAYNE A RATHBUN, BARRY J SKREEN. DALE S STEFFENHAGEN, RONALD SULLIVAN. STEPHEN X THOMTON. MARK R TOMCHECK. LAWRENCE F TOMCZYK. MARK W VANG. BRUCE L VEE. LINDA S WALTERS, LINDA G WECKMAN. STEPHEN J 5 A c.>> YTD CURRENT DPT GROSS GROSS 31 4876.43 1593.05 31 2942 39 987.51 12 1742.85 585 24 42 4673.72 1568.56 31 4944.00 1648 00 31 4546.91 1693 95 31 3860 42 1274 11 31 4921,36 1E54 42 31 4362.71 1454.24 31 5456.29 1907.92 31 4872.08 1599 04 33 4272 81 1434 01 42 6210 61 2120.68 35 409.60 152.97 42 4021 37 1308.70 12 3680.65 1225 29 42 3239.08 1174.68 31 1676.16 594.90 12 2532 49 839 37 31 4617 21 1454 24 31 781 08 248.23 31 897.02 390.94 15 2942.38 987 52 15 6285 74 2109 60 33 5350 88 1795.83 12 6515 20 2238 40 31 4612.67 1472 42 35 605.21 160 90 42 3308 55 1100.11 92 3487 42 1054.33 33 4272 79 1434 01 42 3049 71 1117.90 92 4261 30 1429 49 92 3536 84 1449 68 42 3239 08 1174 68 93 3681 83 1235.29 31 5653.68 1884.56 31 4350.76 1497 80 31 4493 41 1586.96 31 4508 14 1454.24 33 3680.66 1235 28 12 2648 08 888.72 15 2919 48 1030 75 33 3071.36 1030.81 56.489 33 M « M IIItIfIIntitiNMUYTD CURRENT EMP i NAME DPT GROSS GROSS 477361665 BUTLER. MARY C 11 483.34 241 97 469188026 CALLAHAN. EDWARD J 11 483 241 67 18324677 GOETTEN, J DIANN 11 483.34 241 67 473646272 JA6BOUR. GABRIEL 11 483.34 241 67 469605135 PETERSON. BARBARA A 11 600.00 300.00 1,266 68 % m'r ■r%h^-:-- 4’V': ’ i®' ^m- W: >h’Vv^ m- ■^ry!yr S>:. '!)?: i-Rl ■ ®-' K^|V-; &<K' ■>*' ■ '■ 3®- . . 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The Park Commission met on the above date with the following members oresent: Chairperson Dick Flint, Susan Wilson, Alex Vongries, Sherokee Use and Phil Bradley. Stephen Johnston and Bruce Kokal were absent. Lili McMillan was an observer. The following represented the City staff: John Gerhardson, Public Works Director; and Carole Haseman, City Recorder. (#1) APPROVAL OF MINUTES OF NOVEMBER 5, 1991 would have to be marked." Wilson felt that somethina had been left out. Bradley asked if Item #4 could be referred back for verification. Gerhardson suggested approving the minutes contingent upon clearing it up. It was moved by Use, seconded by Bradl-y, to approve the minutes of the November 5, 1991 Park Commission meeting contingent upon verification from the tapes. Ayes 5, nays 0. (#2) APPROVAL OP MINUTES OF DECEMBER 3, 1991 is in the Park fund and wants it to read as follows. Ilse asked ow much is in the Park fund." Gerhardson said to use the words, "Park Dedication fund. Ilse agreed tc the clarification that she wanted to know how much money there was. Kelley. Flint stated that it was reporting on the meetina with Kelley. Bradley clarified that it was Planning Commission Kelley. Vongries said to redo the Minutes to read, "Chair Flint noted that Skill: I U 1 Lw Planning Commission Kelley..." He also brought to everyone s Wilson noted that on page 5, 3rd paragraph, "Mr. Duke” should read "Mr. Duke Bust" and that actually his name is George Bust. It was moved by Wilson, seconded by Use, to approve the Minutes of the December 3, 1991 Park Commission meeting as amended. Vongries asked for an explanation on page 10 as to CDBG fund. Plint informed him it referred to Community Development Block Grant. Vongries asked that it be spelled out somewhere Flint asked the observer if she wished to add something to the agenda. Lili McMillan wa.s introduced as an observer who is interested in being a member of the Park Commission. (#3) WORK PROJECTS FOR 1992 Flint noted the letter received from Ron Moorse since the last meeting. In response to Moorse's letter, Flint submitted an outline of work projects for 1992 and prioritized certain items by using double asterisks to indicate items subject to financing. He asked for discussion of other items to be added or deleted. Wilson asked if ke -ping the weir put into the pond was in there or not. done and is having it certified by an engineer to show the level and as Ceil Strauss indicated to put in + or - a foot and a naif. Wilson asked what was the designated high water mark. been ordered and is just a matter of putting it in. It will probably go in this winter. Vongries questioned Flint's reference to -Regular ongoing work projects" for whom? Flint explained that he made a list ot things that he knows the staff does on a regular basis. They do put in the docks, cut the grass the parks, they do operate the golf course. J 1; 1. V,: • > Gerhardson responded with a ’’No" and explained that the golf course is under his supervision and is not maintained or operated out of t. e budget nor the Parks Department. Flint stated that it was still a responsibility of the staff if you are supervising that. Gerhardson said, "Yes" and stated that it was a separate department all by itself. Bradley asked the reason it was treated as in independent agency independent of Public Works, independent of the Parks and if there was a bookkeeping reason or political reason. Gerhardson responded that it was all of the above and explained that was the way they decided to do it at acquisition and have not chosen to change the procedure until just recently when the Park Commission decided to take a look at it to include in the Park system. Vongries suggested that "Operation of golf course" be stricken because it is not part of our responsibility. Wilson suggested that it be recommended to become part of the Commission's responsibility. Gerhardson said it may be on a special work project for 92 . Vongries said to bring golf course under per view of the Park Commission as an objective. Gerhardson replied in the affirmative. Use added that under Special Work Projects - Bederwood play equipment, there had been other parks talked about such as Navarre, for * possibly getting some better equipment. Flint told Use that would fit under item 2 - Complete the planning for 1992 upgrade of parks and explained that he broke it up by quarters. Plan for it in the first quarter and in the second and third quarter upgrade parks for new signs and benches. After some discussion he felt that it would be best to take out reference to signs and benches because it relates to more than that. Vongries suggested to use the wording "new signs, benches, etc. Wilson asked about the land in Crystal Bay. Flint said that was goinc to be part of the overall planning process. Vongries added that there would be a public information meeting with the neighborhood for this property. After some discussion as to timing for the park plan, Gerhardson suggested that Flint ask the Council. Flint referred back to 9 of the November Minutes and noted that discussion had been made at that time and it also appeared on the Council Minutes that John sent luT iT reviewing the Minutes, Flint pointed out that it was his interoretation of^the discussion a- the Council meeting thac tne Council wanted it included as part of the overall P.lf" PI ini- received approval from the Council for $950.00 for the sewer plant s\te? he the Council of the ParH Commission ’s decision to hold a public hearing (public t"f,'’ttati-n^ meet ing)^to discuss the property that the ^^ty o«n® y;ould be the last Crystal Bav residents would like to see a Little League ball fi , temiis court or hockey rink; Flint suggested a<3ditional property voul_ he needed to build a little league ball field; chose to lTli,e levti of Ln.oJement of the Park Commission a l^ftson should be ::ufd “bf helpful a^s °-hardson is the ;:cervnLerL “a" c^os^bin^'liorof . ays such as user tees, operating ^Scrid' b^e “for:ertrd°o/;an\L"d^ ^ rev^el^ -^rLtter. cLprehensive Plan started and that recomme to go for the Community Development Block Grant. Wilson stated her concern that the Council might get antsey something L the interim while the Park Commission is working on a plan. Bradley agreed and ^elt it sh id be to^^^ a%\°an^''^ Council to recognize that it will tajce x j. x/^ y Wilson asked if they heard about the $25,000.00 that was recommended to ask for at the last meeting. (Serhardson explained that Flint will address the Council with that issue on the 13th. Flint laid there are three things to take up with the Council - sewer plant site, the money and Sandy Beach. Vongries part ^and^inserrLothe?|"it-m°i^ qlaTtlr to^read°as follows, "Assess advisability of ^^^"^^??em^that ^is'^th-ie -P1^^7oV 7ark at® Oron^Sew^^^^ premature because of not knowing whether a park is going to be there yet. Flint said it should remain on the schedule. / u »-» ie It !■If’ {■• ? t. g. I: Use questioned the wording "**items related to funding" could mean subject to outside funding or to approval for the use of Park Dedication funds. Flint agreed and explained that some of the things don't take money. Use questioned if everything except for the Comprehensive Plan meant money asked for within dedication. Flint explained that no money was being asked for that at this point and added his dislike of the use of asterisks. Vongries suggested to correct the spelling of the word dyke to dike on page 3. Upon discussion regarding the use of asterisks it was suggested by Bradley to use the number (#) sign in place of double asterisks for items subject to funding. Use expressed a concern about items subject to funding and asked if it means to seek approval. Flint answered yes. Gerhardson asked if the golf course should be looked at as a Commission task or to include it in the Comprehensive Plan. Vongries questioned the eagerness of including the golf course. Flint responded that it is not a good administrative way to handle things and that it is clearly part of overall recreation for Orono and vhy isn’t it under the Park Conunission. Wilson said she would lika to see the group be concerned with all recreation - the team sports and their facilities as well as neighborhood parks# open spaces and that the group could oversee the whole aspect which is a better balance. Gerhardson mentioned that park activities are going on now. Wilson commented about the heavy use of skiing and sliding in the winter. McMillian# the observer# added presently the park is used for sledding and cross country skiing and it is used almost as much in the winter as summer. Gerhardson added that people come by bus loads from Minneapolis. The DNR cuts in a cross country trail when they are grooming the Luce Line. Flint felt it would be good to distinguish between the summer winter activities and theoretically let it run independently as a golf course and use it during the winter as part of the recreational program. r Z Gerhardson said it could also be some revenue for the Park. Bradley asked if the acquisition cost of the golf course was paid off. srhardson said the debr was retired and no debt would be taken over. Use asked where tne money gees now. . Gerhardson explained that it goes toward the operation and any profits ’ 90 into the general fund and although there is not much profit, -t . does operate in the black. « Wilson said that golf is very popular and lessons could increase the revenue. Flint said there is no question about looking at it but the ^^bue is : whether to do it separately during the first quarter or to do it as r part of the Comprehensive Plan in the fourth quarter. ^ Bradlev felt there is no significant difference or reason to^be ' acceleMted to the firiJt quarter and that there is no urgency to xt. J Flint expressed that he would like to get something done but it makes f more sense to do it as part of the Comprehensive Plan and get public involvement in the process. ^ Bradley stated that there is a philosophical question up to t^^point and added that the City is not, in terms of parks and recreati , particularly involved in running. They simply mow the grass and put ' out docks. All the programs are run by the OBA or the schools or somebody else. To take over the golf course, the Park Coimnission ; would become an operating agency and that would lead to ? administration and we would begin to administer, run f programs for instance. He said to recognize that you cross the lin ‘ ’ when you gf©t into sontsthing lik© that. L- * Flint agreed and said that we might ultimate^ h^e ^ [I running the program like other cities and we should hold it and do it as part of the Comprehensive Plan, r Bradley agreed to put it off to the fourth quarter. : Wilson agreed to it and taking a careful look of going into the Comprehe/.sive Plan. Bradley questioned if the last item in the fourth quarter - "Complete plannino for recreation complex at County Road 6 and Old ^ Road" is the school property, the extent of involvement in planning, and if it is the school's project. Flint agreed and that we da not want to get involved in a “’a jo r way. Johnston will be snowing sketches of will be acting as a catalyast to move the thing axong. At tnis time there is no contemplation that would cost money. S' .V p\ k r ?■; »-.T k Wir ii-s.' K- I' S" % -'?,S r" Vongries stated that the first paragraph on Sc-me page - Work with Orono Baseball and School Board in planning for recreational complex is listed under the fourth quarter for completion. He noted that it can't be done and is not up to the Park Commission. Flint explained that it is a goal and is not going to be finished in the second and third quarter. Vongries suggested to use continue planning with Orono Baseball Association and School Board. Flint asked when the OBA will be out of Bederwood Bradley answered next year or the year beyond. Gerhardson agreed. p^v.r:;r V overall plan is a legal concept incorporated in the latin phrase, expreasio unus excusio ulterius, which means the expression of one is the exclusion of another, and once things are listed you wonder whether there are other specifics that should be listed. Vongries suggested putting in "interalia" to do the job. Bradley added another phrase, "the enumeration of something does not preclude.” Gerhardson noted that in the second and third quarters under "Install Ag lime on an experimental basis (West Long Lake Road) it should be East Long Lake Road. Wilson mentioned that besides the bike/hike trail „ narrow and not in good shape for bikes. ask them to put in a bike trail. Gerhardson added that in March Hennepin County sends toads to be upgraded during the summer. If there is a that we have a concern for, we will bring it up to the Park Commission. Flint asked if there was anything else and that he Vongries' phrase (and to pick up Latin in t.ie Minu t-h#» Minutes unus). He said it \/ill be rerun and could be attached to the Minute and sent to Mr. Moorse. It was str ved by Vongries^ seconded by Wilson to approve the Work Projects -or 1992 as modified. Ayes 5, Nay 0. (#4) UPDATE PLAYGROUND EQUIPMENT BEDERWOOD PARK . ! ;V^ Vongries reported that the subcommittee decided the amount that could be spent and prepared rough specifications to be submitted to three ■anufacturers for proposals. He said previously $10,000.00 had been talked about for equipment and $5,000.00 for installation. After some consideration for needs and population, it was felt that $20,000,00 ffoilXd cover it ~ equipment for two age groups (2 to 5 and 6 and up) and rather than have combined equipment it was better for safety reasons to separate the equipment by distance . At Bederwood there is specifically a redwood climber for younger kids and for the older age a slide and a four-swing set. The subcommittee felt the need to add for the younger kids a swing set with assorted seats that encloses the child such as an animal type (Donald Duck), 2 spring riders which are little animals on coil springs, a couple of benches for grownups, and a waste receptacle to keep it clean. For the older age group it was talked about adding 2 diggers and a large pl^Y system for $11,400.00 which is the most expensive item on the list. A natural redwood construction with subdued colors for plastic components would be preferred. Metal posts have some advantages over redwood and if cost considerations and colors were favorable that might be a preferable way to go. Bradley asked if the figures for the various components were list prices from the catalogue and if the concept is to ask for bids on equipment. Vongries answered yes and said insral lotion would be contracted separately to avoid the sales tax. Bradley also asked if the bid would be done on individual items. Vongries said they might be able to purchase different portions from several vendors. Gerhardson said the next step would be to find out the costs before taking it to Council and that the money comes from the Park Dedication fund. Flint asked Gerhardson if the requirements for bids over $15,000.00 have been complied with by going with the RFP s. Gerhardson answered yes. Wilson asked if bids would go out for the installer. Gerhardson explained that two proposals (RFP's) would go out for equipment only and one for the installation. This procedure avoids paying the sales tax. Flint added that two other methods had been discussed for installation. one was to use city crews but that experience and 8 I. tte'M- » • ‘-v manpower was not available and the other was the possibility of Maple Grove working on it as a moonlighting deal. Vongries said the installer should insure against acciJents. Flint asked for the ballpark number to be given - $20,000.00 which includes the $1,200,00 in tax or $19,000.00. Vongries replied that no number would be given ‘just a list of equipment. It was moved by Vongries, seconded by Wilson, to approve the proposal going out for RPP’s on the equipment. Ayes 5, Nay 0. Gerkardson said that he will proceed to get this out within the next couple of weeks. Flint added that this is a three step process - first RFP's go out for proposals; secondly evaluate and select one of the proposals, if appropriate; and thirdly recommend one to the Council. After some discussion he said an evaluation could be made on the 2nd of March and taken to the Council on the 9th. (#5) PARK DEDICATION FUND BALANCE Flint said the report shows the status of the Park Fund that was in question from last time. This brings it up historically since the establishment in 1975 and lists the gradual buildup to over $205,000.00. He questioned how the amount of $52,000.00 was generated in 1990. Gerhardson said he would get that clarified by the Finance Director. Wilson asked how fees were earned prior to the 8%. Gerhardson said it was depended on zoning distric*: - 2 acres, 1 acre, 5 acres, 1/2 acre, 1/3 acre, (#6) CRYSTAL BAY PLAN REVIEW Flint said the Crystal Bay Plan was put on the agenda because Cliff Swenson is working on this for a senior project at the University to be done by May and was going tc show us some layouts. At this time no one was able to contact him. («7) OBA/PLANN1N6 FOR SCHOOL PROPERTY Flint asked if there was anything for the planning of the school property. Gerhardson said Johnston was expected to be at the meeting with some preliminary layouts. Bradley asked if he was working in conjunction with the OBA. -•I Die Lch of sa 1 5Xt )me ind rer o 1 )ine 1-, ) ^ Gerhardson answered that Johnston is a little bit but more so wi"th the overall plan of the School District. Use responded that it was with the Asst. Superintendent/Business Manager, Neal Lawson. Gerhardson added that the School District is willing to listen and supply any information but is very non-commital. Flint said sooner or later this will have to be presented to the School Board. OTBBR ISSUES m ' ■■ Wh ■ Flint asked f'^r other issues and Wilson asked for confirmation of the next meeting date which is February 13th. ADJOOSIIMENT 8:42 P.M. It was moved by Bradley^ seconded by Wilson, to adjourn the regular meeting of the Park Commission at 8:42 P.M. Ayes 5, nays 0. The next meeting will be February 13, 1992 at 7:00 p.m. in the Council Chambers. Richard Flint, Chair Person bhe is s MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ind :he -he ar Tv ROLL The Orono Planning Commission meet on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Maureen Beliows, Candace Rowlette, Charles Schroeder, Ed Cohen and Sara Moos. Jeff Johnson was absent. The following represented the City Staff: Building and Zoning Administrator Jeanne Mabusth, Septic Manager Stephen Weckman, and City Recorder Teri Naab. The following Council Members wore present: Council Members Goetten and Jabbour. Chair Kelley called the meeting to order at 7:00 p.m. (#1) #1706 WILLIAM F. & EVELYN S. KNAPP, 4300 BAYSIOE ROAD > PRELIMINARY SUBDIVISION A CONDITIONAL USE PERMIT FOR PRD - PUBLIC HEARING 7:00 - 7:12 P.M. The Affidavit of Publication and Certificate of Mailing was noted. William Knapp was present for this application. Mabusth explained Mr. Knapp purchased the property from Mr. Parten. The former McCloud property to the east has an easement across this property which the City is asking to be made a part of Outlot D. She noted the Planning Commission had conceptually approved a PRD because of the topography and unusual shape of the property. She noted the house existing on the property Is a four bedroom home and the current mound system does not allow for future bedroom expansion to the home, however the system could be expanded to the alternate septic site to allow for an addition. Mabusth further explained that the proposed lots are 2-3 acres In area and the setback standards for a 5 acre zona are not workable. She suggested the Commission approve use of the 2 acre standards for this property. She noted the various methods suggested In the staff memo to lilt development within the steep sloped areas. Philip Asoa, 125 Turnham Road, was present to see how the application would affect his property and did not state any objections to the proposal. Chair Kelley explained that the Commission first reviewed the allowance of a PRD for this parcel. He felt that the topography of this land warranted the PRD. He noted the Commission had also discussed the road and cul-de-sac and loop, the nature conservancy property, and even the possibility of Asoa and Deter property accessing across this property. f--' a' r •* r" I i.- f. /•■W'IL- S'- $■ \ r I >:■ g ... b- MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ZONING FILE #1706 - CONT. Mabusth also noted that in the earlier review the Commission had not dealt with special development standards for a PRD. were to limit all land alterations and construction within the areas exceeding 18% slope, this may have an Impact on the existing house on Lot 1, BIock 1. Knapp stated that he had not received a copy of prior to the meeting and asked for clarification, not make sense to restrict that parcel as such. these conditIons He felt that d i d Mabusth noted that when a detailed topographic survey of Lot 1 is provided, the impact will not be that negative as a site inspection confirms areas Immediately adjacent to the house on the east and north that are not in excess of 18X slope. It was moved by Cohen, seconded by Chair Kelley, to approve a conditional use permit for a Planned Residential Development for Application #1706, William and Evelyn Knapp, 4300 Bayside Road, approving the following: 1. Special setbacks: allowing setback standards setforth in the 2 acre zone. 2. Prohibition of all land alterations/construction within areas found to be in excess of 18X slope. 3. Require open space easements over Out lots A and B. Easement to Include future access drive to Nature Conservancy property. 4. The staking of alternate septic site within Lot 1, Block 1 and primary and alternate site In Lot 1, Block 2 prior to private road and private drive construction. 5, Easement serving property to immediate east to bn located within private driveway outiot, Outlot D. Ayes 5, nays 1. Bellows noted that she did not approve of this application from the beginning and still did not approve of It. She felt that this area of the City should not be developed this dense Iy. 2 ^■‘r w- •ft MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 (#2) #1700 DALE MCCURDY, 4041 NORTH SHORE DRIVE - VARIANCE - CONTINUATION OF PUBLIC HEARING 7:13-7:17 P.M. Mr. & Mrs. McCurdy were present for this application. Mabusth explained that the application involves the installation of a second story deck over existiny patio area. She noted that at the time an addition to the existing structure was proposed, the owner claims that the plans showed patio doors leading out onto a deck. She stated that the patio doors are in place. Mr. McCurdy recently proceeded with the instal latlon of the deck and a Stop Work Order was issued. When McCurdy came to the City to apply for a permit, he was told his property had excesses of hardcover and he could not increase the level of structural hardcover. Mabusth pointed out that In 1986 and the hardcover calculations completed by staff. Since that t In those calculations. It was or no hardcover in 0-75* setback property, It is known that area She also noted that the original drive was incorrect. a garage addition was approved, presented for that review were ime, errors have been discovered iginally reported that there was area, but after reviewing the does have extensive hardcover, estimation of hardcover for the Mabusth advised that the McCurdys ask the Commission to allow the Installation of the deck which increases the structural hardcover on the property by 119 s.f., without providing an updated survey, with a disclaimer that if any additional improvements are proposed an updated survey would be required. Cohen asked If It was customary to require an updated survey at the time of application and Mabusth noted that is the normal procedure. McCurdy explained the survey would cost between $500-1000, which Is more than the value of the deck. He reiterated that hardcover has not changed from the ,previous survey other than within the 0- 75’ setback area. He sta.ed that a retaining wall was added near the drive to hold the dirt back. It was moved by Cohen, seconded by Bellows, to recommend denial of Application #1700 for Dale McCurdy, 4041 North Shore Dilve, until an updated survey is provldeo. Ayes 6, nays 0. .r- V I t.W: ' :-.v ■ P &■ •t-: ‘■•d ■.. *'•■■• k - P . f I;- f:--¥ &:■■ %> i;.. yI, ■ I Ir. p:fe i- .■ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ZONING -ILE #1700 - CONT. Rowlette noted that she has no oroblem with the deck a,id i1 patio doors were proposed on the pians, obviously they were intended to lead somewhere, but noted the required submittals include an updated survey. She also asked if variance and/or permit approval is subject to a deadline. Mabusth noted that these approvals do have a deadline. McCurdy noted that the deck Is partially bu I It and that is how It will stay. He stated that if someone is hurt it will be the City s liability and did not intend to take the appIicat ion to the Counci I for review. (#3) #1704 ARNOLD CARLSON & DARLOW MADGE, 855/875 FOREST ARMS LANE - CONDITIONAL USE PERMIT/VARIANCE CONTINUATION OF PUBLIC HEARING 7:55-7:57 P.M. The Affidavit of PubIIcation and Certificate of Mai Iing were noted. Mr. Carlson was present for this application. Mabusth explained that the first phare of this application does not Involve Mr. Carlson’s property. She noted that this application Is basically clearing up a condition that should have been addressed by the original development in 1970. Chair Kelley noted that as a Planning Commission, they could not really give any more direction other than what the City Engineer and the Minnehaha Creek Watershed District has supplied. Mr. Carlson stated that they would like to proceed with the appIication. CounciImember Goetten asked that Mr. Madge be present at the Council meeting at which the application would be presented. It was moved by Cohen, seconded by Schroeder, to recommend approval of Application #1704 for C. Arnold Carlson and Darlow Madge, 855/875 Forest Arms Lane, granting a conditionaI use permit and variance subject to conditions set forth by the City Engineer and the Minnehaha Creek Watershed District. Ayes 6, nays 0. F^lilv • [•nit ^V«lt1t ftlMtM ftTiTtltlal ^dtnit rt^ti-i rtK*i rtn«jtu r#Ht r»iciTt RHtlililtTO rtliMt] MflKtHtlc rtTOiltmt [•rtit r«T:Xt r;ltl«intj FiTtltlilt F;ltlt ^Ti Mtftl •ItlM#] rtiiliiti rt^c-it rtiMtj •TtVOl wI I r-‘ F r.^4.^:X ‘f: ■^->r J-'. Si'*: i’I 1' :"' >• . r' ; . j'-r < > •?: • • JiV:.' •5-^. -••;v ■> & ; i.-.- r MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ZONING FILE #1707 - CONT. Rowlette asked what ef-^oct the new shoreland regulations will have upon the property. Mabusth stated that Rhode had been cautioned that these regulations may affect his property, however she stated that the regutrtlons may not have that muc' impact on general development lake properties such as this property. Rhode noted that he Is still trying to sell his other house and will not proceed with the reconstruction of this house until the sale Is complete. He realizes that there may be changes In the shoreland regulations, and noted he Is wiI Iing to take that chance. It was moved by Cohen, seconded by Moos, to recommend approval of Application #1707 for Jack Rhode, 1690 Shadywood Road, for a renewal variance to reconstruct the existing residence, based on the hardships and findings stated in past appi ications for this property. Ayes 6, nays 0. (#6) #1708 & #1709 JUDSON DAYTON, 825 OLD CRYSTAL BAY RO/ SOUTH - VARIANCE/CONDITIONAL USE PERMIT - PUBLIC HEARING 7:37-7:50 P.M. The Affidavit of Publication and Certificate of Mailing were acknowiedged. Judson Dayton was present for this application. Mabusth explained Application #1708 Involves expansion of an oversized accessory structure on the former Lyman property, wh>ch Mr. Dayton nov/ owns. The expansion to the east side will Le approximately 23’x'^L’. She stated that the accessory structure ordinance doesn’t taka Intc consideration properties which are larger than the maxln.-m noted in the ordinance at 9 acres. She stated that the 5,168 s.f. proposed structure will still not exceed the total area allowed at 6,000 s.f. for all accessory structures, on the 23+ acre property. Bellows stated that the Intent of the ordinance was not to promote several smaller structures on a parcel that would be 1 s.f. less than the maximum al lowed, and she noted it Is preferred that an owner buiId fewer, larger structures. She noted that this proposal Is certainly within the scale of what is located on the property at present. t T 4* ,t^ 'Jin fH' !x> y\ % kI-I fc. ^:i . ■ I r r'r >f,V lV s % ■V •. “■* ■ >r!«= MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ZONING FILE #1708 - CONT. Chair Kelley concurred with Bellows. He noted that if the property were later subdivided, the oversized accessory structure would have to meet the standards pertaining to it. It was moved by Moos, seconded by Schroeder, to recommend approval of Application #1708 fjr Judson Dayton, 825 Old Crystal Bay Road South, to approve a variance to the oversized accessory structure ordinance allowing an addition to an existing accessory structure, based on the Intention of the ordinance to limit the number of accessory structures and the proposed building does not exceed the total allowed square footage. Ayes 6, nays 0. Mabusth explained Application #1709 involves the renovation of a guest apartment located on the second floor at the south end of the accessory structure. Access to the apartment is via a doorway on the south side through the maintenance garage. Dayton explained he has no intention to make it an apartment at this time, but rather the intent is to repair the existing area. Bellows noted that 1^ Plumbing is provided, that is the issue and the reason for tha cc.ditional use permit. Mabusth stated that the apartment is be ig suppiled with plumbing. Cohen explained that once again if the property were subdivided in the future, pertinent ordinances would have to be adfared to. Chair Kelley pointed out that the property contains two principal structures, one for the caretaker. Mabusth indicated that both structures aro old and was not aware of a conditional use permit being granted. The applicant is not proposing any changes to the caretaker residence. Dayton explained that the L/mans added onto the caretaker residence about 5 years ago and perhaps a conditional use permit had been issued then. Chair Kelley felt that the issue should be addressed at this time to avoid any future problems. Cohen noted that a public notice and certificate of mailing would need to be done to fulfill requirements. He suggested the Issue be brought back at the next meeting. I |- '#■ N' I: ?? r i;f: > ' k. " V »4 .:^' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ZONING FILE #1708 - CONT. It was moved by Rowlette, seconded by Moos, to recommend approval of Application #1'"'^9 for Judson Dayton, 825 Old Crystal Bay Road South, allowing the renovation and restoration of a former carett.ker’s apartment located over the maintenance garage. Ayes 6, nays 0. (#7) #1710 RICHARD BLOOMQUIST, 3333 SHORELINE DRIVE - VARIANCE - PUBLIC HEARING 7:50-7:55 P.M. The Affidavit of Publication and Certificate of Mailing were acknowI edged. Mr. Lyle Fuller was present to rep*-esent the applicant. Mabusth explained this application involves a substandard separation setback of a salt storage structure and the principal structure. She noted that staff cannot legally ask Mr. Bloomquist to Install a required firewall without approval for the placement of the structure. Fuller indicated they would be willing to install fire D^otective material or move the structure or install fire extinguishing dev Ices. Bellows stated they may only be required to install additional sheet rock in the structure. It was moved by Bellows, seconded by Moos, to recommend approval of Application #1710 for Richard Bloomquirt, 3333 Shoreline Drive, granting a separation setback variance for a salt storage structure, subject to the structure meeting the appropriate fire codes. Ayes 6, nays 0. (#8) #1551 ROBERT WAADE, WILDHURST ESTATE - A) COUNCIL SEEKS DIRECTION FROM PLANNING COMMISSION CONCERNING PLACEMENT AND HEIGHT OF ENTRANCE MONUMENTS B) RECOMMENDATION - PLAN FOR ENTRANCE MONUMENTS FOR WILDHURST ESTATES Mr. Waade was not present for this application. Rowlette in reviewing ordinance supplied from Plymouth and Wayzata on entr *: ce monuments noted that both cities do not address height but rather deal solely with square footage restrictioris, which would In effect limit height. 8 wkte’-- 3R-' fc.- I- kkk- Ir 'f. ‘r*- ¥' II ife ?•' r- i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ZONING FILE #1551 - CONT. Chair Kelley asked the Commission to give their opinions on entrance monuments. Rowlette felt they should be allowed at the entrance to a subdivision, but not at entrances to individual properties. Cohen agreed with Rowlette and felt the 8’ allowed height Is too high. Bellows felt that often times entrance monuments are appropriate. She felt this Is a subjective call and historically speaking architecturally, entrance monuments have been an important part of residential architecture. She stated that the height limitation Is appropriate and any proposal exceeding that limitation should be reviewed by the Planning Commission. Schroeder agreed and felt that the Commission should not impose their dislikes of such monuments. Moos agreed with Bellows. Bellows stated that these monuments should not be signs. She noted there is a difference between entrance monuments and signs. Monuments are more like gate posts with perhaps fencing attached. Chair Kelley asked who is responsible for maintenance of such monuments. Mabusth explained monuments are typically maintained through the homeowners’ association. CouncIImember Jabbour asked how the Commission felt since fence height In a front yard was restricted to 3 1/2’ , shouldn’t entrance monuments be restricted to the same height limitation. Rowlette felt monuments were appropriate for large estates, but not smaller properties within a subdivision. Bellows stated that she would like to see a distinction between monuments and signs. Rowlette suggested language be added to the ordinance, similar to that of Plymouth and Wayzata, stating responsibility for maintenance of monuments and signs should be that of the association, and the City in no way will be responsibility for maintenance or cost of removal of monument In the case of dIsrepaIr. f ' r I r y wWt: K:I"*•/ rr.,m •:v ■■•!•■ •, ^ 1.1,'' • .1* {; K '¥■ hr m‘•'V ■> te:‘I L.' MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ZONING FILE #1551 - CONT. Chair KeI Iey noted that another problem may arise If a private road is changed to a public road, thereby dissolving the homeowners’ association. He stated that he would prefer to leave the ordinance as It Is and review any proposals which exceed the allowable restr1ctIons. Bellows reiterated that a distinction should be made between .monuments and signs. She also stated that the ordinance should remain the same and proposals exceeding the allowed restrictions should be reviewed. CouncI 1 member Jabbour stated that he felt that monuments should not be allowed to be higher than the allowed fence height of 3 1/2’ . It was moved by Cohen, seconded by Schroeder, to table Application #1651 for Robert Waade, Wlldhurst Estates, until such time that the applicant Is present. Ayes 6, nays 0. Mabusth asked what the Commission felt about amending the code. Chair Kelley stated that they felt the code should not be amended. Rowlette felt that the code should be amended to add the disclaimer regarding liability of the City to maintain the monuments. Mabusth asked if height should relate to open space. She noted that based on the code, if Waade cuts back on the signage area proposed, he could be allowed to place individual monuments as proposed. (#10) STATUS REPORT BY LAKE USE COMMITTEE REPRESENTATIVES Chair Kelley announced that the Lake Use Committee is in Its final stages of drafting the shoreland regulations. CouncIImember Callahan has suggested a pubiic hearing be held before the Planning Commission on the proposed ordinance. Kelley felt that the Committee was commissioned to draft the ordinance and did not feel the Planning Commission should become involved In redrafting the ordinance. He suggested the Planning Commission schedule a pcoilc hearing for pubIIc comments on the proposed ordinance. AlI Members agreed. ■ti-i MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 (#11) STATUS REPORT BY FACILITIES COMMITTEE REPRESENTATIVE Bellows explained that the City now has a contract with the excavator. Chair Kelley asked about changing the water table In the area. Mabusth stated that the City will have a land use application for land alterations on the site presented at the Planning Commission’s February meeting. Jabbour asked Kelley If he was asking if it may cost the City more money? He felt If a contract was in place, that would be the final cost. Chair Kelley asked about the elevator. Bellows noted tha^ a new law would be going Into affect which requires that If any portion of the mezzanine is used for anything other than mechanical equipment, an elevator would need to be provided. She noted at the last meeting, the architect was directed to present ali the facts at the next meeting. Bellows pointed out that the Committee is very loose on when a decision needs to be made. She felt the procedures for voting on a decision should better be defined. She noted that minutes are not even taken at the meetings. Cohen stated that is Illegal to ho I d meet Ings without minutes being recorded. Bellows noted many times a vote Is not even taken and he who speaks loudest and last seems to be the vote. CouncIImember Goetten agreed that the Committee needs to have a single person in charge of conducting the meetings, and noted she has brought this up before. Bellows suggested they ask the arcnitect to take minutes and submit them to the City. CouncI I member Jabbour stated that this issue would be brought up at the next Council meeting. 1 1 . ;1--. . ■V ■ t \ %:■ r, r l. :. %ff -V- i*. t'. > ■ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 (#12) OTHER ISSUES A) CounciImember Jabbour stated that he was made aware through the newspaper that the City was seeking applicants to serve on the Planning Commission. He stated that Callahan, Goetten and himself all felt that the need to change what happened a year ago with respects to appointments to the Commission. He felt that Commission members do not need to be interviewed by the Council to be reappointed to the Commission and noted the Council would be looking at this issue. B) Sewer Pond Property Mabusth reviewed property. sketch of proposed development for this Chair Kelley stated that he disagrees with the concept of residential development for this property. He stated that the Park Commission was granted money to study the alternatives for this property. The Park Commission recommended partial park development and partial residential development In order to raise money for the new facilities. He felt they are proposing to sell off the best portion of the property, the oak knol I , for residential development. He stated that there is money in escrow that the Council could use to help pay for the City facilities, and noted the CIt- may lever get another chance to purchase 4 acres of land for par s again. Cohen reiterated Kelley’s view that by retaining the property for park land. It Is like having money in the bank. Be I lows agreed with Kelley and stated It is good pIannIng to retain the property and agreed the chance to buy such a parcel may not be an option In the future. AM Commission Members agreed. (#13) APPROVAL OF MINUTES It was moved by Cohen, seconded by Chair Kelley, to approve the minutes of the November 18, 1991 Planning Commission. Ayes 6, nays 0. (#14) REPRESENTATIVE TO THE COUNCIL MEETING Bellows volunteered to attend the February 10, 1992 Council meet Ing. 1 2 • • • * '■K' '■ ’<■• :y.‘ MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD JANUARY 21, 1992 ADJOURNMENT Chair Kelle/ adjourned the regular Planning Commission meeting at 8:30 p.m. ■V- Charles Kelley, Chair Person .>0' riW'” ■ 5..‘-' f- W k:- *{ »T* ,,y.r- ?' . -'.i 'X .f . . .4* TO:Mayor Peterson and City Council City Administrator Moorse FROM:Jeanne A. Mabusth, Building & Zoning Administrator DATE:February S, 1992 SUBJECT: Orono Sewer Pond Property - Conceptual Sketches for Future Development At the December meeting of the Council, staff was directed to place on the Planning Commission agenda as an information item the conceptual development plans developed by Dahlgren, Schardlow & Uban for the Park Commission. The Planning Commission unanimously voted to recommend to the Council that the Orono Sewer Pond Property be retained by the City for future park development and open space. It was the position of the Planning Commission that the future cost to purchase lands such as this for parks and open space use would be out of the reach of the City. The value of lands like this will only Increase In the future. The Planning Commission recommended that the property be retained by the City and developed in stages for active park uses and open space areas. t'- m. V, ^' ■ 1^- iv. mm m ?F' Si". : ^S0>- I: & fe' I >% ■ t.ts- .1 V-m. ■ r, - ■ I-.te' ¥ Lake Minnetonka Conservation District //■/, 'O mc'./u^v-7/y-'*/« Saturday 8 Monday Wednesday Friday Monday Wednesday Thursday 1-31-92 C 473-7033 L.M.C.D. MEETING SCHEDULE February 1992 FEB 5 1902 Water Structures Committee 7:30 am, #135 Norwest Bank Building, Wayzata Presidents Day Holiday. LMCD office closed LMCD Annual Save the Lake Recognition Banquet 6:15 pm Cash Bar 7:30 pm Dinner, Lord Fletchers, Spring Park Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Building, Wayzata Lake Use and Recreation Committee 4:30 am, #135 Norwest Bank Building, Wayzata Public Hearings on dock licenses 7:00 pm. Tonka Bay City Hall LMCD Board of Directors' Regular Meeting 7:30 pm, Tonka Bay City Hall Technical Review Committee 8:00 am, #135 Norwest Bank Building. Wayzata A A. Ec^-.sj’;. I !:■ te.r£ ¥■U fcii" LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 EVENTS SCHEDULE February 1992 Saturday 1 finish 9 pm Westonka Snoblazers Arnie Zachman Fun Run Al & Alma's, Cooks Bay Mack's Bar, Sef.on Lake Mist, Spring Park Bay Haskells Bar, Excelsior Bay Excelsior Park Tavern, Excelsior Bay Club Mirabelli, Excelsior Bay Saturday 1 9 am to Sunday 2 4:30 pm Sunday 2 'loon to 3 pm Saturday 8 Sam-5pm Sunday ■»>1pm-4pm Northwest Tonka Lions Club Winter Sports Fest, Spring Park Bay Lafayette Club's Family Fishing Derby and Kite Fly, Lafayette Club, Crystal Bay Wayzata Chilly Open (golfing) " " " (fishing) Wayza*"a Bay 1-31-92 > B n oils nui III nmfn-^ -n m CO 0 b Xn Cr•» <rc I i 1 11 o ^ I ■ I 0 8 ES' " „ o 5C « VMM* « * 5 > p 0 ^ M n 3rH C/l 1 t pg 5 3 10 rn m C -c « * 8 r>'Ji 5; ^ ^^ pd ft) fob i I ? •b. 2? > ^B 8 « cr.s ^4S-P. v« s.^ o 8. =» li (/i t? 2» < io3 t/ O?0 0^ 00 hj ?o Ip o » I I 00 '-J o II I I/Ou> 00 9 1 I «■! '•O 'sO N) » I > » J 4 » »--4c .< i;i•i O tj CJ « » * I t I o .-Hii s J !'^ C^ CJ) t « » I * » c ' P K •C . ' r f -r* xMH m IMIx «> eOARO MEMeERS r t>--.> *- - ii- mh • ;r *m M’' 1-^- ^y‘-- & t(i-r &■'■ &-"'■> ■ m if y,:r Divld H. Cochran. Chair Graanwood Tom Raasa. Vioa Chair Mour>d Dougtas E. Babcock. Sacratary Spring Park J. P. Boswinkai. Traasurar Minnatonka Baach SoonCariton Minnalrista Albart (Bart) Fostar Oaaphavan Jamat N. Grathwoi Excalsior JoEtlan L Hurr Orono Wiiiam A. Johnstona Minnatonka Duane Markus Wayiata George C. Oac*i Victoria Tom Penn Tonka Bay Robert Rascop Shorewood Robert E Siocuf Woodlan** >- tP-r mW-'I LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE i6C • WAYZATA. MINNESOTA 55T9I • TELEMONE A12 473 "033 EUGENE R. STROMMEN E^tCUriVE P 'SECTOR February 4, 1992 TE9 6 1992 It' & h To the Editor Sun-Sailor Newspaper 464 Second Street Excelsior MN 55331 Dear Editort A conflict-of-interest policy was adopted by the Lake Minnetonka Conservation District January 22, 1992. It represents the outcome of inquiries, review of ethics source materials, and draft reviews by a committee. The LMCD board did indeed adopt this policy to expressly hold itself accountable for doing what is best for Lake Minnetonka. The text of the policy statement follows: Each person appointed to the LMCD Board of Directors or its committees is recognized as having experience regarding the Lake, connection to a neighborhood or municipality, interest in Lake uses, and prior views relating to Lake policies or procedures. Citizens are usually asked to serve because of their involvement in Lake matters. It Is important to recognize the difference between having an interest in a broad public issue and having a conflict of interest in a specific issue. Matters of broad policy having general public concern are considered a matter of Interest, not a conflict of interest. Citizens serving Che LMCD in any capac i ty —Boa rd, committee, task force or the like, should refrain from voting or other action on matters that would result in a dire;t or indirect personal financial benefit: 1)to the member; 2)from a business with 3)from an1 organization Members should identify their intent to refrain from voting on an issue regarded as a conflict of interest at the begin ning of consideration of that issue. ( con t i lined ) iK P''. f\ i-* \ ■ ►. , -v* v^: LAKE MINNETONKA CONSERVATION DISTRICT To the Sun-Sailor Editor February 4, 1992 Page 2 This policy further recommends that all LMCD public officials and staff refer to the NATIONAL LEAGUE OF CITIES STANDARDS OF CONDUCT & GUIDELINES FOR GOVERNMENT DECISION MAKERS as a reference on more specific matters relating to ethics and conflict of interest. Its 14 member cities were asked as to conflict-of-interest policies they may have. Four cities replied. The Cities of Excelsior, Shorewood and Victoria look to the League of Minnesota Cities (LMC) for guidance; the City of Wayzata relies on Roberts Rules of Order. The other cities do not indicate tliey have con flict of interest policies. A Business Ethics Policy recently adopted by the City of Brooklyn Center was also used as a resource. The National League of Cities Standards of Conduct Guidelines was ^.dopted as applicable as a further refere.ice. The committee included a current member and a former member of the state legislature. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT David H. Cochran Chairman c: LMCD Majors LiiCD Administrators LMCD Directors ••'U ■*-iPI-' |-:V fc •• 'V ■ . . . . . . . It; [■'tv':.- . 1'’-^- ' « wp.,.> •!' ■ ■ ,j',^v T» -. ■i.' • LAKH MINNETONKA CONSERVATION DISTRICT CONFLICT OF INTEREST POLICY SIATEMEM Each person appointed to the LMCD Board of Directors or its committees is recognized as having experience regard-ng the Lake, connection to a neighborhood or municipality, yiternst in Lake uses, and prior views relating to Lake poi*.cies or procedures. Citizens are usually asked to serve because of their involvement in Lake matters. It is j.: aortant to recognize the difference b r - i/e c n ha v i ng an interest in a broad public issue and having conflict of interest in a specific issue. Matters of broid policy having general public concern are considered a matlt of intPiest. not a conflict of interest. Citizens serving the LMCD in any capacity - Board, committee, task force or the like, should refrain from voting or other action on matters that would result in direct or inoirect personal financial benefit: 1) to the member: 2) from a business with which the member is associated: 3) from an organization of which they are a part. Members should identify their intent to refrain from voting on an issue regarded as a conflict of interest at tne beginning of consideration of that issue This policy further recommends that all LMCD public officials and staff refer to the N.ational League of Cities Standards of Conduct & Guidelines for Government Decision Makers as a reference on more specific matters relatir’g to etiics an conflict of ir erest. 4 Adopted by the Lake Minnetonka Conservation District Board of Directors this 22 day of January. 1992. /s/ David H. Cochran _ _ _ _ David H. Coc‘>ran, Chair Attest: /s/ Eugene R. Strommen Eugene R. Strommen, Executive Director p. -r.irv. te .... r *..•■_ > ' •<« :s _ . ..-i, V .. A. ^ ' : VVE^.'-”'^ C: .. ‘ ■ t k > FMINiyEHAHA CREEK watershed district* P.O. Box 387, Wayzata. Minnesota 55391 NMD 0FIUIM6B8: Janes R. Spensley Pres • John E. Thoriias • Richaro H Miller HXan 0. Ertdoon • C. Wsodrow Love • vlarkson Lindley • Thomas Maple, jr pifef' hL'i'-? ■ *,-r ift# Pi?-^¥ ft#-h.'-.vv $M0\x % ■m ,'S.- I'''m '*■* ! Sf-:-": P=;-V S’ f ms Pr i'.’. NEETIRG OF THE AD HOC COMMITTEE CONCERNING THE PROPOSED CARLSON DREDGING PROJECT MINNEHAHA CREEK WATERSHED DISTRICT 5:00 p.m. Thursday, February 6, 1992 Minnetonka Community Center — Burwell Room Minnetonka, Minnesota AGENDA 1.Meeting with representative of Carlson Real Estate and Lundgren Bros, to discuss dredging permit application. FEB ^ 1??'’ _ ! i .V. . ■ !:• V •H. ■.m, ^;V ?;« pk #>■p- [■■■ pv “i •. ^-■:- . Bis'‘tj'\; '<! m r>' >^V ■m 'V'!r ;:•: •' ^IW. ^•f ; -‘ ‘ '' J'^M' iM'^'K.mr.t': fc-"' ■ 1 . 2. 3. 4 . 5. 8 . 9 . LAKE MINNETONKA CONSERVATION DlS$SllC$ 93J WATER STRUCTURES COMMITTEE AGENDA 7:30 AM Saturday, February 8, 199J Norwest Bank Bldg, 900 E Hayzata Blvd, Rm (Elevator access for handicapped, use west entrance, Wayzata Blvd) 1 3 3 Discuss Purpose, Goal and Objectives for Water Structures coni.nittee for prioritization, adoption as presented from the Management Plan Bupp dock length variance, Carsons Bay; review public hearing report "id agreement between Strot and Bupp for a property easement on the crip of land over which dock extends Excelsior Park Tavern, Excelsior Bay: amenity presentation by applicant to qualify for new dock license Multiple doc’ licenses: A. Staff recc..imends approval of: 1) Renewal Applications 2) District Mooring Area renewal applications 3) Non-renewing iic«-cses (paid $25 administrative fee) Presentation of site plans for approval of minor modifications: staff report New dock license applications for changes that do not increase slip size, number of BSU or WSU B Proposed Ordinance to license previously unlicensed docks oti sites from which artificial lights are directed at the Lake: summary of comments from Lake cities: staff recommends referrin*, to the Technical Review Committee 6« Draft of ordinance relating to storage of lake maintenance equipment on Lake Minnetonka, amending Code Section 2.03, Subd . 8 7r Review of Policies and Procedures Subcommittee recommendations, with additional staff recommendations Deicing licenses: A New application: Leno Mikenas, St. Albans Bay, Greenwood Deoosit Refund of $100; Excelsior Park Tavern. Excelsior Bay, Excelsior (derided not to deie) Inspection report B DNR restoration order co Gayle's Marina Corp. for the unauthorized excavation, filling and placement of structures oeiow the OHW 10. Additional business recommended by the commi11 e e I:I &. &S.V {k/ufc/oor /r^epps The Sportsmans litekty y«arV-ri3 ” 'i A Rrw griu:'<^ •► > * *» ♦ 'I . .'« r.n.•-•'•. <|T-. • 55IES QBEPH :O0Tlk)Ok^^El^lNEW$MrER!?.Cr^^ jANUAftr 31.1m Coop needed for public access on Lk. Mtka. By Tim Lesmeisler On Tuesday, Jan. 28, the Minne sota Department of Natural Resources (DNR) held an open house in Orono to disclose its plans for an additional public access to Lake Minnetonka on Maxwell's Bay. The original plan called for .he DNR to purchase two acres of land which has 140 feet of shore line. Development would consist of a single ramp with 23 car/trailer parking spaces on a blacktop surface. The DNR’s intention is to provide additional access for smaller boats in the 16 to 18 foot range. The need for additional lake access was noted in the results ot a task force ivhich published its findings on recreational manage ment in iy83. In this report, it was stated that the Maxwell's Bay area lacked reliable parking, and that another 169 sites should be added at new locations rather than expanding the North Arm access. A second task force which was formed in 1986, also established that more public access was needed, and that a total of 700 additional parking spaces for the entire lake was necessary. Initially, the DNR's proposal created some negative responses from lakeshorc owners who felt that additional access to Minne tonka would only create more problems with overcrowding and exotic species control. A handout from the Lake Minne- iSce Acces.s, Page 18) p:r ■>. •it' m ht A>'^ rW ,■> hI- - > r ■i-' r.‘ COPY: U;v-D Board Cicv of Orono P»q*18 outdoor news Friday. January 31. 1992 Access (From Page 1) tonka Lakeshore Owners Associ ation (LMLOA) states that, "We are very concerned about the increase of bioiogica! pollutants like Eurasian milfoil and zebra mussle," and "it is estimated that this project would cost $250,000 to $300,(XX)... this money needs to be spent on programs to con trol the spread of exotics." Zoning, and safety were also issues that were mentioned, a« well as a statement that the LMLOA is not opposed to the general public using Lake Minnetonka. Taking these issues into con sideration, the DNR has made a second proposal which will allow it to exercise the option to purchase the property in its ini tial plan, and begin studying the feasibility of acquiring the man nas and residential prope>ties next to this si*®. Use of this larger area will inciude a fishing pier, additional parking, and more ramp space. A task force which would be established, as part of this second proposal to study the feasibility of acquiring the additional prop erties, will consist of members of the DNR, LMLOA, Lake Minne tonka Conservation District, Hennepin County, and all other parties which should have a role in the plarming. In the second proposal dated Jan. 21, the DNR states, "It is hoped this proctosal will begin the process of cooperative, suc cessful efforts to rearS the goals for providing public access to Lake Minnetonka, while meeting the needs and concerns of the communities and citizens of the Lake Minnetonka area “ The DNR has initially *aken a beating in the area newspapers and at a public hearing held recently by the Orono City Council. From all early indica tions, it looks as though the resi dents on the lake, as well as the LMLOA and the area's state leg islator are going to fight the addition of the public landing. One Orono City Council member commented to the DNR request for constructive dialogue with the statement, 'They are going through a ritual, not a practice of democracy." 'The need seems to exist for more public access to Lake Minnetonka. Boating use analy sis studies have shown that pub lic access contributes less than 17 percent of the boating use on Minnetonka. Of those who use the public accesses, almost 40 percent are angling, which generally consti tutes smaller boats. When this is considered, it should be a benefit for the Maxwell Bay residents to support the second phase of the DNR plan -- which calls for the elimination of two marinas which are the primary source of big boats. Hopefully, once the initial emotional reactions have subsided, ail parties can look at the facts ii’X- ■ ’1^*tw It*-. •v"sf^: bi : ■T,V ■fi-; ' '. I ■;■>' ! • V i' ’* ■ nvfV i: ■5 m i:f-" ^ '.J:r • ?;.v i- "■ I:';:. ■c-'. If.:; t -> «;iv- p- I*r- v»,. X'y '4,'-V REGIONAL TRANSIT BOARD •*aara Park Cantra 230 East Fifth Straat, St. Paul, MInnasota 55101 612/292-8789 y ' DATE; TO: FROM: SUBJECT: January 27, 1992 Local Government Transit Contacts Mike Kuehn, RTB Community Relations Coordinator Vision for Transit Luncheon Meeting I am contacting you as the person that has been designated by your local governmental unit to be informed of Regional Transit Board (RTB) activities of ln.H^rtance to your community. Some of you may have already received a copy of the endosed maeting announcement that gives the details for a luncheon meeting on February 11 to discuss the RTB's "Vision for Transit ocncept As this vision concept will be explained In deta’I ?.»this meeting, let It suffice for me to say that this concept will require a great amount of thought and ideas from local governments as to how the deilvefy of transit services can be changed or enhanced in your community so that transit best addresses the needs of your residents. Now is the time for each local unit of government to become familiar with the "Vision for Transit" sc that you will be well Informed of the intended ot^ectives of this concept and be able to work with the RTB to enhance the transit sen/lces In your community. The RTB is going to be soliciting your ideas for developing the strategy to fulfill this concept because local governments are best equipped to assess the needs of their own citizens. I strongly ur^o every unit of government to attempt to have someone attend this luncheon meeting to learn about the "Vision for Transit" concept. In addition, this meeting will afford the opportunity to get some initial reactions from you and other governmental officials, including some legislators, about how the RTB should proceed to make enhancements to the existing transit services of the region. So the time is now for each of you to begin discussing amongst your city’s officials as to what your community would like to see in transit delivery for your community that would best make public transit work effectively for your residents. Please plan on Joining us for lunch n February 11. Just fill out the enclosed reservation form and return it by February 6. Meanwhile, if you have any questions, please give me a call at 292-8789. I look forward to meeting with you at the luncheon. f f :?r-. ^ r Find out about the REGIONAL TRANSIT BOARD’S VISION FOR TRANSIT rhc Regional TVansit Board wants to know: ► Is transit meeting the needs of residents in your community? ► Do you think it’s possible to meet central city and suburban transit needs with limited resources? ► What do you tbinic the transit system should look like in the future? Hiese and other issues will be discussed at the Regional TVansit Board's Forum on the Vision for lyansit. The RTB recently unveiled its Vision for TYansit People have embraced the concept It’s time to nlk about what you can e3q>ect finom the vision. Join RTB Chair Michael J. Ehriichman n for lunch and a Wc wUl about how the Vision for Transit relates to the n( federal surface transporta- tion act and the Metrx>politan Council's facilities plan. Michael will give an overview of the concept and IfMwi (^en die floor for questions and comments. Please come prepared to talk and ask questions about Ilow Ac Vision for Transit impacts you, your transit program, your community or your constituents. ^3'k I Thesdiiy, February 11,1992 11:30 a.m. -1:30 p.m. Midway Sheraton Hotel, Midway A Room 1-94 at Hamline (642-1234) Lunch: $10.00 EGISTRATIONS ARE DUE THURSDAY, FEBRUARY 6,1992 8^ I.Registration. Fill out and return with your check made out the the Regional TVansit Board. kame: Bii9>loyer. I Address: . Pty/Statc/Zip: # REGIONA TIMNSIT BQ4PO Send registration to: Regional Transit Board Forum Coordinator 230 E. Fifth Street St. Paul, MN 55101 Call the RTB at 292-8789 for more information. Hione: il:.. ■-V.- II’": F'S*V“ ■WI:#-m: - -i- 'im m fr K . ^ » Klf-- * 3-; •• p^m-^vh:.’ • %■ V-. ■ b /Iv .v^ • ft. ..T- ■ jvt' ■ % ' i; le. r te- b. S^' i> IS- fr'i iSt-r- V‘ •V, t-r 5.r:. :v '1 '■ S a' /f ..."P-- ..• MINUTES OF THE REGUUR MEETING OF The SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON JANUARY 13, 1992 The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, January 13, 1992. Present: David McKown Don Anderson Peg Swanson Martha Van de Ven 2 S iuo ‘ - -. Thomas mTch poo Absent: James Franklin Neal Lawson Board member John Maresh arrived while the meeting was in progress. UPON MOTION by Don Anderson, seconded by Martha Van de Ven, the consent agenda was approved as follows: approved accepted who has approved fessional approved at the accepted 6. 1992; accepted approved checks as the minutes of the Oecembe-^ 9, 1991 regular meeting; the resignation of Beverly L. Hooge, elementary school teacher been on leave of absence, effective June 30, 1992; the appointment of Melody Volkenant as a part-time parapro- at the Orono Primary School effective January 6, 1992; the appointment of Lisa Mevissen as a part-time paraprofessional Orono Primary School effective January 6, 1992; the resignation of Joni Galzki, part-time cook, effective January the State Bank of Long Lake Award; the bills as covered by vouchers 072402 through 072740 and office covered by vouchers 1545 through 1704. Motion carried. Board member Maresh absent Or. Mich informed the Board that Neal Lawson is attending the Bush Foundation Leadership Program this week. Or. Mich reported that on January 20 a faculty/staff luncheon will be held to honor the following twenty-five year employees: Wayne Johnson, Herb Wolner and Mary Young; that a breakfast meeting will be held for area clergy on January 28; that the MSBA Convention was held on January 18, 19 and 20 at which time the Organization of Intevening School Districts met and unanimously voted to appeal the District Court Decision in the school funding case and with the consensus of the Board, a letter from Orono School District will be sent to the Governor encouraging the State to also appeal this decision; that on January 30 he would conduct a workshop on the Ar^vanced Elements of Effective Instruction for faculty members; that on January 23 the Supervision Committee will begin to take a look dt the peer review process which is fnandated by law and has to be in place by January, 1993; that middle school student, Megan Ellingboe, has been selected as the Martin Luther King, Jr. Scholar Student and will spend January 14 at the National Weather Forecast office with her science teacher, Mr. Melsness; that the preliminary elementary prep time le was passed at the State Board of &-■: »iSi.-PT-'-VP-piP";'?m V''- II:IS" F--‘?'• ib.r fev, ■ Sf‘;5X3 ii: 'i kiV',’ • ft V. . % i' ■ fe:" •' W^*: &k:,'.. pi- , ./■ i#* IS;W. :;-t^ - ^•r,.'■•M * . -• i^i:-it" ^i':A A .\J } ■ :■• M^£-y,, , Education meeting on December 10 and an oprortunity for response has been provided. Or. Mich reminded the Board that at 6:15 p.m. on January 27. the Board will meet with the high school Student Advisory group and the Board meeting will begin at 7:15 p.m. UPON MOTION by John Maresh, seconded by Peg Swanson, the Board of Education adopted the Field Trip Procedure as follows: Fiald Trip Procedure on file in district office and in faculty lounges. ■ ^ f . ....... i * •i ■■4 ■n ii .i •ii e? £ ■ fj, i^ 5i..m. m .~-f V -•■,1.■■I"',.if^ivS vr.. 'X sS.te ?s-m<- p- ■*.'■. ^:;r IS.fc- rr^'-- P' -i. ,'V-'--'tV;\ ;?vS'y' H-:>v, t?’ ih'./ ii.^Vv ■>'■■' it- i';^te;--p^n- V S'^- ‘ 1-/ ■10- r' # % Hotlon carried. Each Board member provided a brier update the progress/direction of their respec'-ive long-range planning committees. Melanie Deluca provided background information on the development of the summer school program which will be a combination of ac3demics, recreation, sc ol age child care program and integration of special education. She stated that she used the criteria of quality, flexibility and choice in the develop ent of this program combining academics as well as recreational programs and at the same time allowing for flexibility so parents can develop a program for their children which will fit the sumner schedule of individual families. Ms. Deluca answered questions from the Board for clarification purposes. The Board expressed appreciation to Ms. Deluca for her good work in developing this program. UPON MOTION by Don Anderson, seconded by Peg Swanson, the Board of Education approved a surmer program under the direction of Community Education and the Board of Education approved the continuation of regular remedial course offerings under the direction of our regular sumner school program. Motion carried. Dr. Greenfield presented the proposed changes for the 1992-93 high sc..ool registration guide explaining the process that was followed in the development of the changes in course offerings which is an effort to upgrade/update the curriculwn at the high school. Dr. Greenfield answered questions from the Board for clarification purposes. The Board expressed appreciation to Dr. Greenfield and his staff for their work in this area. UPON MOTION Don Anderson, seconded by Martha Van de Ven, the Board of Education approved the proposed changes for the .1992-93 O’“ono High School registration guide as follows: High School registration guide on file in district offire. •3 5 • t 4» Kv- »v jr.^- ^ •• M pA. t: '.VJ - jt;- g - notion carried. Or Mich reviewed for the Board the Capital Expenditure Need List, reminding thCT that Mr. FenhoU had prepared a five year captial expenditure plan and most of these items were identified in that plan. The Board directed administration to work with the Facility Committee to study/examine these items and to develop a reconmendation regarding funding options tor these expenditures with a report back to the Board the end of January or the first part of February. The Board heard a report from Steve Fedie, Athletic Director, on the athletic program activities this year including such areas as: participation comparison figures, region realignment, recognition of booster groups, major events held at Orono during tliis schor* year, etc. Mr. Fedie responded to questions from the Board and the Board expressed appreciation to him for his informative report and for the excellent work that he does with this progrxT'. The next meeting will be held on January 27 beginning at 7:i5 p.m. UPON MOTION by John Maresh, secono^d by Peg Swanson, the meeting was adjourned. Motion carried. hn Maresh, Clerk Approved: Daveve McKown. Chairman hA f: m mm- ;ll: ■iKi'f; •^1^' ‘:V:il;.' :/^ ,'c// > LAKE MINNETONKA CONSERVATION DISTRICT MEETING AGENDA ^ TbCHNICAL RE/IEW COMMITTEE FOR LAKE MINNETONKA Feb. 27. 1992 8:00 - 10:00 AM I.Discussion tind Approval of Minutes of This Agenda 10/3/91 and II. Flexibility Requests A. Procedures (Pick) B. Status of Cities (various TRC members) III. Other Issues (raised by LMCD Board) A. Outlots (Strommen) B. Lighting of properties (Strommen/ I. Commercial establishments 2. Residential properties & others IV. Next Meeting C ■f .»#ffp:r':^ »^’-■=P1S^‘ mciLi^Uf.. , j -^Z;- ■<. ■ ■•Qr, : Vi-:>--fe'V’ ^'‘ February 10, 1992 lFEB IjC 1992 "\^^^!orono City Council City of Orono iPc I > • ' /stal Bay, MN 55323 K''S3KF'- , V* ^ ' f' 4|b^ar Council members, iv.. '.i: I have applied to be on the Orono Park Commission. As a memoer of tms commission, my concerns will focus on careful spenoini] of the budoet, growth of our park system, and the development of park for basepall. ice skating, and other activities not available on the present city hall and facilities signt. I have many good ideas on paper aoout an expanded park at this sight with support from the families in the area. 1 am also concern apoui our parks up i<eep during tne warm months, ana tne safety of our facilitiesM;. ^' Please select me as your appointment to the Orono Park Commission for ) can better serve our community. ®'Sthcerely Tim Pattrin . .. r. «. c.•vv. \ ..-V , 3r<‘ '.A •' V /i ^ ’u • ^ W; ' .Mmi ■> y.'.w; v-^' ’ V y» eo —y «r ••• It. tmt, a il PARCEL e MU • JAfOO M " (Oil . -eJ—«S» r ^ ^ Count < I c^'/o 1 / LOT : t»»t wrt of Co'era»ei*« Uat ). S«:tiofi 22.«anKt 13. N«nn«Qin Ceoncy. IrtM nor.nertjr af tft* •aatcrly attatiaiMi af 5ft« •aatn Ufta af Lot «, wst tSLiUd MM. Accoraini ta rat raeoraatf ai«c tnaraof ana Muciicrlr cr a llR# aaaeriaaa aa aa«innui« at a Mint an ta« taac l:n# af aaia OovarfMwne Lot 3. aiataat lao.^o faae aaatB af tfta laat !/• eamar af aaid Saetlon n. e&anea aoutiiwaaearljr aaftacttnc ta tita ri«at 60 daaraaa ea tiiv anora af Lava Ktnnaeanaa ana aat# lina tnara taratnattng. mat aart af 6a«ar Coaaty. atiwaa . _aatanaian af efta aoac!!: Itiia of Lat a. aoasc (I paM. aeeaaaiaa ta ca# raeardad plat tnaraaf; nCIPT taac part af aaid Gawmaanc Lot ) aaaraead in aatd aoan xslai »o fMK. foant La« 1, Sacttan vl. Nannatin ijrlng aoarnafty of tar aaataMjr o«cB liiia of Lat a. aoasc rSLAdO dad plat tnaraaf Lot ) aanraead UKtkS lAtm f 5«. aM U. ’•«*« fiuu»» f6W. aatapdlng la taa f^orM plat maraaf.danwain Caanty. ^ifUMdota. Maa “I'f ^ 11 ( immm • O.'mA i ''••• A*' • OtntM f)’ rri naMrV54«'C JE./ss-n 6*a> r;.»'• w PREPARED FOR' EUGENE NELSON ^ . -'s ^ ■ o lH -,T“ . .-v..... 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