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Home My WebLink About11-23-1992 Council PacketMINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ROLL Th# Council met on the above date with the following members present: Mayor Peterson, CouncIImembers J. DIann Goetten, Gabriel Jabbour, Edward Callahan and Mary Butler. The following represented the City staff: City AdmInIstrator Ron Moorse, Public Works Director John Gerhardson, Zoning AdmlnIstrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Pol ice Chief Stephen Sul I Ivan, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. (•1) CONSENT AGENDA Butler added Items S9. 10, 13, 15 and 19. Callahan reported the DNR has extended the deadline date for cities to adopt new shore I and regulations. It was moved by Butler, seconded by Mayor Peterson, to approve the Consent Agenda as amended. Ayes 6, neo. Motions for all items adopted by cons-' agenda will be included In the minutes In their respective numerical order. (a«2) APPROVAL OF MINUTES It was moved by Butler, seconded by Mayor Peterson, to approve the minutes of the regular meeting of the Council held on November 9, 1992. Ayes 6, nays 0. PARK COMMISSION COMMENTS Moorse reported there will be a meeting tomorrow with Hennepin Parks to further negotiate the budget for the bike/hike trail. Jabbour stated he had talked today with Jim White who feels that they should proceed with the trail as It will be much more difficult to construct in the future. LMCD COMMENTS JoEller reported the next Board meeting will be held December 2nd, s.>J to dite, there Is not an agenda. She said she would report on lake access Issues after the meetiiig to be held on December 9th. Callahan asked meeting. If she attended the last Planning Commission 1 MINUTES OF THE REGULAR 0R0r!0 COUNCIL MEETING HELD NOVEMBER 23, .992 LMCD COMMENTS - CONT. Hurr said sht did not, but added she had talked tc Linnell of the ONR who indicated the DNR is not sure where they are going after that meeting. Callahan stated he was more interested in guiding the LMCO's path from the point of that meeting onward. Jabbour said the meeting of the LMCD subcommittee held tonight was to determine where the Task Force fits Into the process. He felt that body will not ever be able to function. He added at least 7 or 8 members of the LMCD have absolutely no interest in that issue and have no knowledge of the issue. Hurr felt an Issue of concern is that member cities are expecting credibility from their representatives. She noted some of the cities don’t even want the representatives to attend the meetings. Goetten felt that the LMCD representatives should be elected to provide for more accountability. Callahan felt there were very serious problems with that idea. He stated cities should give consideration of the problem the coming year. LONG LAKE FIRE DEPARTMENT REPORT There was no report. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (•3) #1764 AUSTIN EVANS, 2S6 LANDMARK DRIVE > PRELIMINARY SUBDIVISION - RESOLUTION #3201 Austin Evans was present. 4 i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ZONING FILE 91764 ^ CONT. Gaffron axplainad th<s is a 2 lot subdivision of a parcel to the west of Landmark Dr ve. The property contains approximately 6 acres. The lot to split off meets the 2 acre requirement. Planning Commission agreed that the parcel contains adequate dry buildable land within this sewered zone. One Issue to be resolved, is the right of riparian access from the outlot platted with the original subdivision of the area. The Planning Commission agreed with staff that only one lot should have riparian access. It is recommended by staff that Lot 1 be assessed the entire amount of the assessment for Bayside North, and that Lot 2 be required to pay for a connection charge at the Stubbs Bay Northwest rate when a building permit is issued. Access to the newly created lot will be directly across from the Thiesse property and a permit from the County will be required. Evans stated he would like Lot 1 to retain riparian access. It was moved by Butler, seconded by Jabbour, to adopt Resolution 93201 for Application 91764 for Austin Evans, 255 Landmark Drive, for preliminary subdivision approval, with the condition that only Lot 1 have riparian access. Ayes 5, nays 0. (94) 91767 GEORGE A THERESA BLOOM, 1374 REST POINT ROAD - VARIANCE - RESOLUTION 93202 George Bloom was present. Mabusth explained the applicants propose the installation of a 22x26* detached garage requiring a street setback variance of 3*. The majority of the garage will meet the 35* setback. An earlier application included a two story structure with a skyway that connected to the principal structure. She noted at th‘ time of that review, the water surface of a pool was not considered hardcover. The current proposal results in a .55K hardcover increase. The applicants propose extensive removals of existing hardcover. The Blooms did not calculate the landscape areas underlain with plastic In their hardcover review, but have agreed to remove those areas. Also, the benches In the 0-75’ zone will be moved to the patio area, the walk will be removed, and the patio steps will be reduced. Bloom added, they may decide to add a basement unde* the garage which will eliminate the retaining walIs around the garage and thus reduce the hardcover percentage. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ZONING FILE «1767 - CONT. It was moved by Goetten, seconded by Butler, to adopt Resolution #3202 for Application #1767 for George and Theresa Bloom, 1374 Rest Point Road, approving variances to construct a detached garage. Ayes 5, nays 0. Callahan said the proper administrative procedure permitted the Pianning Commission to act on the available before it came to the Council for review. wouId have informat ion (#S) #1773 ROBERT KOEHNEN, 537 HANLON AVENUE - VARIANCE - RESOLUTION #3203 Robert Koehnen was present. Mabusth explained this application is to allow the rebuilding of an existing detached garage that does not meet the required side or rear setbacks. The applicant has replaced the retaining walls at the rear of the property with a boulder wail, approximately 7- a’ in height. The City Engineer suggests that the City not address the boulder wall with regard to it structurally supporting the bank. The applicant has provided the City with a letter from the neighbor to the north approving the wall as it was installed. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3203 for Application #1773 for Robert Koehnen, 537 Hanlon Avenue, approving variances for the reconstruction of the detached garage and land alterations. Ayes 5, nays 0. (#6) #1493 a #1570 CHUCK DOWNEY, 3005 CASCO POINT ROAD - VARIANCE/CONDITIONAL USE PERMIT - CLARIFICATION OF COUNCIL DIRECTION Chuck Downey was present. '.‘i m '■ v:i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ZONING FILES 91493 A 1570 - CONT. Mabusth explained, per a recent letter from Mr. Downey that he is rtot proceeding with the structural Improvements. In 1982 the City granted approval of setback variances for the installation of a detached garage and hardcover In the 75-250* setback area was approved at 45*. In the current hardcover Inventory, hardcover was shown at 59* due to a change in policy regarding the calculation of hardcover. During the 1982 review It was suggested that the applicant provide a back-out apron. During the most current review, the City Engineer advised that the apron could not function properly because of the location of Casco Point Road. The applicant has obtained a permit for the deck. The applicant questions the need to now remove the hardcover scheduled for removal per the approval resolution. Butler clarified that the hardcover removals were scheduled to off set the additional construction, which has not happened. She felt If the conftruction does .*iot occur, the hardcover scheduled for removal can remain. It was moved by Jabbour, seconded by Butler, to direct staff with regard to Applications #1493 and #1570 for Chuck Downey of 2665 Casco Point Road to t. require the hardcover removals on the property provided a building permit is not issued for additional construction. Ayes 5, nays 0. (#7) LICENSE DENIAL - GAYLES MARINA - RESOLUTION #3204 Jabbour abstained from discussion of this item. Gaffron stated the City Attorney has suggested changes to the draft resolution deleting reference to the number of slips allowed, as the code does not directly address this issue and it should not be a reason for denial of a license. Butler asked If a Judge would laugh at the City because of the lack of past enforcement of the licensing requirement. Barrett felt che City has decided to now proceed formally with the license requirement. He noted the resolution does not suggest denial of the license due to past history of the property. Callahan suggested deletion of the paragraph beginning with “further be it resolved”. Barrett felt that would be appropriate and did not necessary to wait until December 31st to take action. feel ► i : > MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 LICENSE DENIAL - GAYLES MARINA - CONT. Gaffron notad that the owner of the marina has been advised of this action and has made no attempt to contact the City. • It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3204, denying the application of Gayle's Marina for a 1992 Commercial Marina License, with the paragraph beginning with "further be It resolved" deleted from that resolution. Ayes 4, nays 0. Jabbour abstained. It was moved by Callahan, seconded by Goetten, to direct staff to commence enforcement of non-comp Iianc^ procedures. Gaffron explained the only enforcement clause of •’he code requires this to be handled as a misdemeanor and be Isi.ed a tag for the violation of operating without a license. He stated there is not a code section requiring the operation to cease because of the lack of a Iicense. Callahan felt only one ticket should be issued to the owner and added the property contains violations of the zoning code, which may provide other methods of enforcement. He felt the City should not consider litigation at this point. He stated the City will be considering new marina licensing regulations in the near future which will provide a more effective means for enforcing such non- compliance issues. Vote: Ayes 4, nays 0. Jabbour abstained. (#S) INITIAL JOINT USE DOCK LICENSE - PHEASANT LAWN HOMEOWNERS' ASSOCIATION - RESOLUTION #3205 Mr. Forrer was present to represent the Association. Gaffron explained this is a request, perhaps 20+ years late, to al low a multiple dock system within the Pheasant Lawn subdivision. He stated the area was dredged In the late 1940s to create access via a channel to the lake. Five of the slips are associated with the multiple dock and a sixth dock is associated with an adjacent property owner. The homeowners' association was formed In 1979, many years after the docks were installed. There have not been any complaints. The code requires a Joint dock license to be Issued for the installation of such, but under the current code. If the system were proposed as new, could not be allowed due to requirement of minimum width of lots for each slip. Lot 14 functions as an outlot. Jabbour felt they should be careful not to set a precedent, and noted the need to treat people equitably. p MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 PHEASANT LAWN HOMEOWNERS' ASSOCIATION • CONT. Callahan noted historically, there was considerable innovative character in dredging and the dredging was done solely to create riparian use. He stated this was done with approval from the City. It was moved by Callahan, seconded by Jabbour, to adopt Resolution •3205 directing staff to issue a Joint Use Dock License to Pheasant Lawn Homeowners* Association subject to conditions noted therein for the period of November 23, 1992 to December 3*, 1993. Ayes 5, nays 0. (*•9) 8HORELANO FLEXIBILITY REQUESTS It was moved by Butler, seconded by Mayor Peterson, to accept the information on the shore I and flexibility requests as presented. Ayes 5, nays 0. MAYOR/COUNCIL REPORT A) Callahan noted that Shorewood, along with other cities, has met with differences with the MWCC activities. He asked the status of the City of Orono. Noorse explained, Orono along with most lake cities, has experienced similar problems with regard to the rate increase by the MWCC due to a higher water table and infiltration and Inflow. He added, the MWCC is two years behind from projection of cost to pay request, thus part of the problem. The City Engineer la reviewing the status to make sure Orono is within the realm of reasonability regarding the chargee. Callahan asked if the additional charge is in part due to leakage Into the pipes. Moorse stated that was part of It, and also run-off Into nanhoies contrIbutes. Jabbour suggested implementing an Inspection of sump pumps to ensure they are not being pumped into the system. Moorse stated that has been discussed. Jabbour felt that should be implemented as soon as possible. " 1 7^ ^ r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23. 1992 MAYOR/COUNCIL REPORT - CONT. B) Qotttten reported, as a member of the League of Minnesota Cities Planning Committee, the conference for the coming year will be held in St. Cloud. She noted she has volunteered Moorse and Sullivan to speak at a seminar on contracting services, and she will be working on a seminar regarding conflict within a City Council. Callahan noted items included in the packet from the League concerning State Aid, and suggested that be given attention. Moorse reported the direction of the Governor indicates State Aid to cities will be a low priority in order to balance the budget. He suggested meeting with the City's Legislators to discuss this Issue. ENGINEER’S REPORT (*•10) PAY REQUEST 94 - STUBBS BAY SANITARY SEVER IMPROVEMENT It was moved by Butler, seconded by Mayor Peterson, to authorize payment to Progressive Contractors, Inc. for the Stubbs Bay Sanitary Sewer Improvements in the amount of $275,415.46 Ayes 5, nays 0. CITY ADMINISTRATOR’S REPORT (Mil) CERTIFICATION OF DELINQUENT SEPTIC INSPECTION FEES, . LisER i WATER UTILITY ACCOUNTS $ RECYCLING PROGRAM FEE ~ RESOLUTION $3206 It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution *3206 providing for the collection of delinquent 1992 sewer end water utility service charges, recycling program fees and annual service charges for the on-^site sewage treatment (septic) inspection program. Ayes 5, nays 0. (M12) CERTIFICATION OF UNPAID DEVELOPER’S FEES $ ALARM USER FEES - RESOLUTION S3207 It was mov««d by Butler, seconded by Mayor Peterson, to adopt Resolution H?07 providing for the collection of delinquent 1992 developer iS and alarm user fees. Ayes 5, nays 0. a 4 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 (««13) 1993 WAGE A INSURANCE ADJUSTMENTS It was moved by Butler, seconded by Mayor Peterson, to approve the staff recommendation as outlined in the memo dated 11/19/92. The combined effect of the wage and Insurance .increase Is to increase total wage and insurance expenditures of 3.2X. Ayes 5, nays 0. (»914) CALENDAR OF OFFICIAL MEETINGS A HOLIDAYS FOR 1993 It was moved by Butler, seconded by Mayor Peterson, to approve the 1993 calendar of official meecings and holidays. Ayes 5, nays 0. (MIS) AMENDMENTS TO FEE SCHEDULE ORDINANCE #111, SECOND SERIES It was moved by Butler, seconded by Mayor Peterson, to approve the amendments to the 1993 fee schedule Ordinance #111, Second Series. Ayes 5, nays 0. (•IS) DESIGNATED USE OF CRYSTAL BAY SITE Moorse stated the general consensus by the Council with regard to the use of the Crystal Bay site has been to leave the area as open space/park land and start some process with the Park Commission and neighbors to determine future use. He suggested the Council take formal action to give staff direction on this issue. Butler feit the resolve of the use of this site is based on the need to balance the budget for the new facilities. Callahan stated Council passed a resolution not long ago directing staff to prepare a budget and prepare to remove the existing buildings and turn the land into greensward. The budget for the new facilities had an off-setting revenue source from both the Crystal Bay site and the Sewer pond site. He felt the economic situation may not warrant the sale of either parcel at present. He felt they should proceed as former Council action directed. He said to make further commitment. Council needs to see the final budget for the new faciIities. Moorse indicated that within the budget for the new facilities, $35,000 of revenue from the saie of the Crystal Bay site has been listed, with an off-setting amount of $35,000 to raze the existing buildings. He noted the State Petro fund will pay a major portion of the tank removal, and the City’s Insurance with the League of Cities will pay the remainder of the cost. Callahan noted it is felt by some that the subdivision of the sewer pond site will be quite costly, and therefore has not been pursued. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 DESIGNATED USE OF THE CRYSTAL BAY SITE - CONT. Jabbour stated the holding cost of these parcels will be coming out of the revenues dedicated toward the general fund out of the $2,000,000 set aside. (•17) FUEL STORAGE SYSTEM CITY FACILITIES Moorse reviewed at the last meeting, Council directed staff to investigate the above ground, two tank system. He reported the tanks meet ail fire protection and environmental requirements and there is no indication those regulations will change in the near future. FUEL STORAGE SYSTEM - CONT. Jabbour asked why two tanks are p'^oposed versus one, which would be cheaper. Moorse Indicated the one tank system would not be significantly cheaper and the dimensions would change. He fn't the larger one would be more noticeable. Jabbour asked how insignificant the cost difference would be. Moorse stated he was unsure of the exact amount. Butler asked the difference in size of tanks. Moorse stated the tanks proposed are square tanks and not considered huge. Goetten stated she would like to know the dimensions, cost benefits and see pictures of the proposal before making a decision. Jabbour stated it Is totally unacceptable for a sworn official to take a position on an issue without adequate information. Mayor Peterson asked that the information be provided to Council prior to the upcoming holiday. It was moved by Callahan, seconded by Mayor Peterson, to delay action until the adjourned meet ing to beheld immediately following the Truth and Taxation meeting on December 1st. Ayes 5, nays 0. 1 ■4 i i r. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 (•18) ARCHITECT FEES Moorse stated this is an update on the billings received from the architect. ne noted a considerable amount included for reimburseables, which he has asked the architect to document. He said the architect fees and reimburseables will exceed the allocated amount within the budget. The budget represents an amount of $3,000 for reimburseables. Callahan suggested that all payments to the architect be withheld until the buildings are constructed and accepted by the City. He noted there is still a question whether the architect is responsible for excess amounts incurred by the City. Callahan and Jabbour noted they would not be attending the meeting on the morning December 1st with the architect, and directed staff to Inform the architect of the Council’s decision. It was moved by Callahan, seconded by Jabbour, to direct staff not to make further payment to the architect until the building is completed and accepted by the City, and until the City has determined whether or not and to what extent charges should be made back to the architect for error's. Ayes 5, nays 0. Moorse noted a concern with regard to this action as to what extent the architect’s contract requires payment. He stated the City is holding payment from August, and this may not be in keeping with the contract. Jabbour noted that the architect failed delivery of part of the contract, which caused the City delays and additional dollars. Callahan clarified that the difference between the amount paid to the architect and the budgeted amount is $21,000. He asked what has been held for 90 days. Moorse stated he is holding Invoices totaling approximately $24,000. He added, the architects total bill will be close to the budgeted amount of $242,000, but the reimburseables will be much higher. Callahan stated no one on the Council has approved payment of the reimburseables. Jabbour noted that the budgeted reimbursable amount was to include payment of the newsletter. He suggested Moorse review this I tern with the architect. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1992 ARCHITECT FEES - CONT. Moors« •xj^lained that the reimbursable amounts have been included with tiie architectural fees. Jabbour indicated at every meeting with the architect, he told the architect to keep an eye on the reimburseables and was told they were right on target. Vote: Ayes 5, nays 0. («19) PROGRESS REPORT - FALL CLEAN-UP It was moved by Butler, seconded by Mayor Peterson, to accept the information submitted on the fall clean-up. Ayes 5, nays 0. (#20) SELECTION OF A NAME FOR THE NEW CITY FACILITIES It was moved by Jabbour, seconded by Mayor Peterson, to approve a monument sign reading "Orono Municipal Facilities'* and smaller directional signs for the new facilities site. Ayes 5, nays 0. («#21) SALARY ADJUSTMENT - OFFICER MARK TOMCZYK It was moved by Butler, seconded by Mayor Peterson, to increase Officer Mark Tomczyk’s salary from $18,724 per hour to $19,080 per hour as of November 17, 1992, as per the 1992 LELS contract currently in effect. Ayes 5, nays 0. («#22) LICENSES There were nc licenses. («#23) BILLS It was moved by Butler, seconded by Mayor Peterson, payment of the All Funds Account. Ayes 5, nays 0. to approve xCouncil AGENDA FOR COONCIL MEETING SET FOR MONDAY, NOVEMBER 23, 1992, 7:00 P.N.MEETING DATE /1/3^3/? A -OW FOR OUR CITY RECORDS. NAME OR NUMBER PRESENT FOR (from agenda) • TfJ 1. IkJT ^3 V- L V T- ^ t ] (*)Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL 1. CONSENT AGENDA* APPROVAL OF MINUTES * 2. Regular Meeting of November 9, 1992 23 PARK COMMISSION COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT - JoEllen Hurr Representative LONG LAKE FIRE DEPARTMENT REPORT PUBLIC COMMENTS - (Liait 5 Minutes Per Person) SONING ADMINISTRATOR'S REPORT **APPLICANTS** IsMdiately 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. 3. #1764 Austin Evans, 255 Landmark Drive • Preliminary Subdivision • Resolution 4. #1767 George 6 Theresa Bloom, 1374 Rest Point Road - Variance - Resolution 5. #1773 Robert Koehnen, 537 Hanlon Avenue - Variance - Resolution 6. #1493 and #1570 Chuck Downey, 2665 Casco Point Road - Variance/Conditional Use Permit - Clarification of Council Direction 7. License Denial - Gayles Marina - Resolution 8. Initial Joint Use Dock License - Pheasant uawn Homeowners Association - Resolution 9. Shoreland Flexibility Requests - Deephaven, Excelsior, Greenwood, Mound and Shorewood MATOR/COUNCIL REPORT ENGINEER REPORT 10. Pay Request #4 Stubbs Bay Sanitary Sewer Improvement CITY ADMINISTRATOR'S REPORT * 11. Certification of Delinquent Septic Inspection Fees, Sewer and Water Utility Accounts and Recycling Program Fee - Resolution * 12. Certification of Unpaid Developer's Fees and Alarm User Fees > Resolution 13. 1993 Wage and Health Insurance Adjustments * 14. Calendar of Official Meetings and Holidays for 1993 <• ► AGBMDA FOR COONCIL MEETING SET FOR MONDAY, NOVEMBER 23, 1992, 7:»« P-K CITY ADMINISTRATOR'S REPORT Continued 15, Amendments to Fee Schedule Ordinance Designated Use of Crystal Bay Site Fuel Storage System City Facilities Architect Fees Progress Report - Fall Clean-Up Selection of a Name for the New City Facilities Salary Adjustment - Officer Mark Tomczyk 16. L7. 18. 19. 20. 21. CITY ATTORNEY'S REPORT LICENSES (22*) BILLS (23*) ADJOURNMENT INFORMATION ITEMS INCLUDED IN COUNCIL PACKET UPCOMING ISSUES AND EVENTS 11/23 - Council Meeting 7 p.m. 11/26 - Holiday - Thanksgiving Day 11/27 - Holiday 12/01 - Truth in Taxation Meeting 7 p.m. 12/07 - Park Commission 7 p.m. 12/09 - Reconvened Truth in Taxation Meeting 7 p.m. 12/14 - Council Meeting 7 p.m. 12/24 - Holiday 12/25 - Holiday - Christmas 12/31 - Holiday - New Years* Day (If Needed) I i V. ROLL % MINUTES OF THE REGULAR ORONO COUNCIL4Jfe|T?i(lG HELD NOVEMBER 9, 1992 The Council met on the above date with the following members present: Mayor Peterson, CounciI members J. Oiann Goetten, Gabriel Jabbour, Edward Callahan and Mary Butler. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Candace Rowlette, Stephen Peterson and Dick Flint were also present. Mayor Peterson called the meeting to order at 7:00 P.M. She congratulated Mayor-elect Edward Callahan and CouncIImembers-elect Charlie Kelley and JoEllen Hurr. (#1) CONSENT AGENDA Goetten removed Item #25. Butler added Items #15, 16, 17, 20, 21 and 24. It was moved by Jabbour, seconded by Butler, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for ail I terns adopted by consent agenda will be included In the minutes In their respective numerical order. (#2) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Butler, to approve the minutes of the regular meeting of the Council held on October 26, 1992 and the minutes of the Canvassing Board hold on November 4, 1992. Ayes 5, nays 0. PARK COMMISSION COMMENTS Flint stated It may be difficult to obtain $310,000 from the County as was suggested at the budget work session. Moorse said he has supplied Flint with the facility budget with respect to the proceeds from the sale of City owned land and the current Park Dedication Fund balance. Jabbour stated the Council wants Flint to work with the County to try to get them to agree to a dollar amount close to the $310,000, and noted the Counci I will determine how to fund the remaining balance. He suggested Flint discuss expenditures of the Park Dedication Fund with tne Park Commission as It appears they feel very protective towards that fund. 1 '1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 PARK COMMISSION COMMENTS - CONT. Flint noted other cities have four different ways to fund park projects: park dedication funds* generai funds* bonds, and user fees. Goetten noted that the MSA funds have been earmarked projects and she stated It is difficult to allocate 1 worth of those funds for the bike/hike trail project. for other 1/2 years Callahan clarified that the project will require some expenditure of park dedication funds for the acquisition of land for the traiI. Flint noted the Commission is aware that land acquisition will be paid for from the Park Dedication Fund. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR’S REPORT (♦4) #1737 RICHARD HOLLANDER, 680 NORTH ARM DRIVE - AFTER-THE-FACT VARIANCE - RESOLUTION #3194 Richard Indritz was present to represent the appi cant. Mabusth explained this application Involves the Installation of structures within the 0-75’ setback zone without permits. The applicant has agreed to remove the gazebo, deck sections, 308 s.f. of screen house with decking, and landscape areas underlain with plastic, within both the 0-75’ and 75-250’ zones. The Planning Commission recommended a June 1* 1993 deadline for removals. Jabbour asked if the City has aeriais that would show what was on the property at a certain period of time. Gaffron noted the only aerials the City has were taken in 1970, 1989 and the spring of 1992. It was moved by Jabbour* seconded by Butler, to adopt Resolution #3194 for Application #1737 for Richard Hollander, 680 North Arm Drive* for after-the-fact variance approval. Ayes 5* nays 0. ■ J r- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 (•5) #1764 AUSTIN EVANS, 255 LANDMARK DRIVE - PRELIMINARY SUBDIVISION It was movad by Callahan, seconded by Mayor Peterson, to table Application #1764 for Austin Evans of 255 Landmark Drive until the applicant or a representative is present for the meeting. Ayes 5, nays 0. (#6) #1767 GEORGE A THERESA BLOOM, 1374 REST POINT ROAD - VARIANCE Callahan asked why the application was presented to the Planning Commission in an incomplete form. Mabusth explained after staff review, Mr. BIcom provided the City with partial elevations and written comments. The Pianning Commission denied the application in order to move the application on to the Council for review at the applicant’s request. The Public Hearing was scheduled and published prior to the staff review, during which time it was realized additional information would be needed. Callahan felt it was an upsetting situation for the applicants. Mabusth stated after the Planning Commission meeting, the Blooms understood completely what they needed to supply the City and immediately forwarded the information. She added the Planning Commission realized this request has less impact than a previous request by the applicants. It was moved by Caliahan, seconded by Goetten, to table AppIicat ion #1767 for George and Theresa Bloom of 1374 Rest Point Road until the applicants or their representative can be present for the meeting. Ayes 5, nays 0. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 (#7) §1768 DR. WILLIAM R. & RHONDA T. OMLIE, 1860 SHADYWOOD ROAD - VARIANCE - RESOLUTION «3195 Or. 0mlie was present. Mabusth explained the Planning Commission tabied the portion of the application dealing with a request for additional hardcover. The portion of the application deals with the side setback was recommended to be approved by the Planning Commission to ailow the applicants to complete final roof designs for the roof structure. She noted approval of this portion of the project requires hardcover to remain the same cn the property. It was moved by Goetten, seconded by Butler, to adopt Resolution »3195 for Application S1768 Or. William and Rhonda 0mlie, 1360 Shadywood Road, for a side setback variance for the addition to the existing residence, subject to the condition that hardcover remain at 25.IX. Ayes 5, nays 0. (#8) #1770 WILLIAM a LAURIE CORNELIUS, 960 TONKAWA ROAD - VARIANCE - RESOLUTION »3196 Laurie Cornelius was present. Mabusth explained the applicants request an average lakeshore setback for a new residence and a grade-1 eve I pool. To meet the average lakeshore setback, the residence would have to be located approximately 207’ from the shoreline. She stated the new residence would have minimal impact to surrounding residences and noted the existing residence is located in front of the proposed location. Butler asked that Finding A specifically define lineal shoreline of the property. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3196 for Application #1770 for William and Laurie Cornelius, 960 Tonkawa Road, for an average lakeshore setback variance to construct a new residence and grade level pool, as amended. Ayes 5, nays 0. (#9) #1771 JAMES a SARAH JANE MARKOE, 340/350 NORTH ARM LANE - PRELIMINARY SUBDIVISION - RESOLUTION #3197 Mr. Steadman and Mr. Peterson appiicants. were present to represent the Ja MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ZONING FILE #1771 « CONT. Mabusth explained the original 1976 subdivision granted lot width variances for the properties. A drainage maintenance application permit was issued to a series of landowners in the area who received benefits from the project. The spoils from that dredging were placed on this property, and the City had warned at that time that it may impact future development of the property and septic sites. The owners are currently having a problem locating a septic system for a four bedroom home on the northern lot. The lot line rearrangement would provide both lots with primary and alternate septic sites. Mabusth noted with a previous subdivision of property to the south the City required a 17’ right-of-way easement, which the rtarkoe property cannot satisfy without encroaching the septic sites. The Council requested an 8 1/2’ right-of-way easement with a previously approved lot line rearrangement for this property, but the process was never completed. She recommended the r.ounci I consider these properties as having riparian access p.r the new shoreline regulations, which would mean the properties conform to the lot width requirements at the shoreline. Jabbour noted there is room on the northern lot for a septic system for a two bedroom home. He felt the Community has very diverse housing and he felt that is needed. Callahan felt only be.'rg able to build a two bedroom house on a property is not a hardship. Goetten questioned the need for a 50’ right-of-way. Don Peterson explained In 1990 his company owned the southern lot and at that time they knew the septic system was feasible. Mrs. Axel owned the nortliern lot and at that time it was realized that the property would only support a two bedroom home because of the septic requirements. The Markoes then purchased both properties with the Intent to build one house on both lots, but were transferred out of State recently. He noted the requirement of a 17’ right-of-way easement would encroach two septic systems on the western lot line. He felt the entire parcel would require someone to build a $800,000+ house, which the neighborhood does not support. Callahan asked if the Markoes had planned to build that type of house. Don Peterson said he had not seen their plans, but felt the Markoes would not gat their money out of the property if it sold as one parcel. k MIN'JTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ZONING FILE #1771 - CONT. Mayor Peterson questioned the 50' right-of-way. Mabusth explained that width is consistent with standards for public roads. She referred to the City’s transportation plan which provides for a northward connection with Bayside Road and North Shore Drive West. She noted the Planning Commission denied the application as they felt this was gerrymandering the lot lines and they wanted the full 17’ of right-of-way. Goetten stated her main She noted she voted in would do so this time. concern was whether the lot was riparian, favor of this request the last time and Butler asked if the additional right-of-way could be taken from both sides to be fair to & .. Don Peterson noted a single residence could be built property without any dedication of right-of-way. on the It was moved by Butler, seconded by Goetten, to adopt Resolution #3197 for Application #1771 for James ano Sarah Jane Markoe, 340/350 North Arm Lane, for preliminary subdivision approval. Ayes 3, nays 2. Callahan and Jabbour voted nay. (#10) #1773 ROBERT KOEHNEN, 537 HANLON AVENUE - VARIANCE It was moved by Butler, seconded by Callahan, to table Application #1773 Robert Koehnen, 537 Hanlon Avenue, until the applicant could be present or represented at the meeting. Ayes 5, nays 0. (#11) MARINA LICENSE COMPLIANCE UPDATE Jabbour abstained from discussion regarding this issue. Qaffron explained in late August the Council conceptually denied licenses for Gayles Marina, Lakeside and North Shore Marina. He stated both North Shore and Lakeside have resolved some of the issues. North Shore has completed a portion of the required plantings and have attempted to clean up the property. There is still an issue of the baffle weir. Lakes ice Marina cleaned up tf'e east side of the property. Mr. Dunn felt the City Is responsible for replanting some trees lost with the sewer project. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 MARINA LICENSE UPDATE - CONT. Jabbour asked if that is the City's project or Metropolitan Waste Control Commission’s. Mabusth Indicated a portion of the project was the City’s responsibility. Butler felt it is always best to try to work with the owners, but when there is a situation where they won’t even respond, the City should initiate the denial resolution. Goetten stated that North Shore and Lakeside Marinas have tried to make an effort to comply with the City. She felt they should try to continue to work together. • Callahan noted Mr. Dunn felt the p!antings were the responsibiIity of the City and Dunn also felt the curbing done was inadequate. Gerhardson indicated that a portion of the plantings are the responsibility of the City. Gaf^ion noted it is not just a nuestion of replacing trees that were removed, but also plantings that were never put Into pla«e as required by the City in 1981 with a previous application. He felt the City should continue to try to work with North Shore and Lakeside Marinas. Mayor Peterson directed staff to draft a denial resolution for Gayles Marina. (•12) STYROFOAM ORDINANCE - TERMINOLOGY AMENDMENT ORDINANCE #110, SECOND SERIES Callahan agreed that the word “styrofoam’’ should be removed If people are trying to maintain a brand name, but noted he thought that was a general term. He asked if the substitute wording would cover ail other similar products. Gaff •'on noted the language incorporated is only Intended to cover polystyrene. Jabbour noted other agencies have adopted very generic language to cover potential products introduced. He added the Wisconsin DNR has asked for immediate removal of styrofoam products. It was moved by Callahan, seconded by Butler, to adopt Ordinance miO, Second Series, and to direct staff to write a proper letter concaining proper language. Ayes 5, nays 0. r Uk MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 («13) SHORELAND FLEXIBILITY RESPONSES Callahan felt the draft letter ^ iggests a condescending attitude. He suggested a letter to the DNR suggesting the CU/ positively favored what they were doing. He suggested sending a letter to each city stating Orono does not have any objections to what they are doing and also send the letter to the ONR. Qaffron stated he would redraft the letter and have Callahan review prior to sending. («t14) SHORELAND GRANT AGREEMENT - EXPENSE DOCUMENTATION It was moved by Jabbour, seconded by Butler, to accept the Information regarding the Shoreland Grant Agreement. Ayes 5, nays 0. MAYOR/COUNCIL REPORT A) Callahan referred to the minutes of the Long Lake Fire Department's October meeting, which indicates expenditure of the major equipment fund. B) Cal Iahan noted the election notice for the Metropoiitan Councii agency. He asked if the City's representative is being replaced, and if so, should the Council suggest a candidate. * ENGINEER'S REPORT (*•15) F NAL PAY REQUEST - LIFT STATION #9 RENOVATION PROJECT It was moved by Jabbour, seconded by Butler, to authorize the final Pay Request for Lift Station #9 renovation to New Mech Companies in the amount of $44,027.50. Ayes 5, nays 0. CITY ADMINISTRATOR'S REPORT (*•15) DONALD GRONBERG - STUBBS BAY SEWER IMPROVEMENT ASSESSMENT APPEAL SETTLEMENT - RESOLUTION #3198 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3198 amending the Stubbs Bay sanitary sewer assessment roll - reduction of principal amount of assessment for Donald Gronberg property located on Leaf Street. Ayes 5, nays 0. 8 MINUTES OF THE REGULA9 ORONO COUNCIL MEETING HELD NOVcMCER 9, 1992 (*#17) BALGAARD SEWER ASSESSMENT - RESOLUTION #3199 It was moved by Jabbour, seconded by Bjtler, to adopt Resolution #3199 amending the Stubbs Bay sanitary sewer assessment roll - reduction of principal amount of assessment for property located at 3560 Bayside Road. Ayes 5, nays 0. (#18) POST OFFICE FOR THE NEW CITY FACILITIES Goetten asked why Orono does not have its own zip code. It was moved by Callahan, seconded by Mayor Peterson, to continue to use the Crystal Bay post office and address when the City facilities move to its new location. Butler felt convenience should be the deciding factor in determining location. Goetten stated when it was decided to build the new faciIities, the Council made a commitment to the Crystal Bay Post Office. It was felt the Crystal Bay Post Office may not survive without the City’s business. Jabbour stated City employees will be driving by the Crystal Bay area each day and it should not create that much inconvenience. Vote: Ayes 4, nays 1. Butler voted nay. (*#20) TURN BACK COUNTY ROAD 42 (OLD WAYZATA BOULEVARD) RESOLUTION #3200 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3200 accepting jurisdiction of 0.08 miles (400+ feet) of Wayzata Boulevard. Ayes 5, nays 0. (*#21) CITY FACILITY CHANGE ORDERS It was moved by Jabbour, seconded by Butler, to approve the change orders for Jansco Caulking, Mol in Concrete, Ted Mannstedt and Son, National Automatic Sprinkler, Gephart Electric and Gresser Concrete. Ayes 5, nays 0. (#22) CITY HALL 4 PUBLIC WORKS BUILDINGS APPLICATION 4 CEft IFICATE OF PAYMENT #9 Butler asked if Catlahan has received the recuested information regarding the total cost for the City facilities and the outstanding amounts. Moorse stated thar information was furnished to Callahan. i i i ‘ I t • <• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 PAYMENT # 9 - CONT. Jabbour asked that all information regarding this issue be submitted to Charlie Kelley and JoEllen Hurr. He suggested Informing the contractor that they will be paying for the walI they erected for the kenneI/garbage area without Council approval. He said that is a condition of this payment. He added, the contractor had promised to have aii information submitted on a spread sheet with line items and status of each. It was moved by Butler, seconded by Jabbour, to authorize Payment #9 for City Hall and Public Works Building in the amount of $438,973.02 as presented in the memo dated November 5, 1992. Ayes 5, nays 0. (•23) FUEL STORAGE SYSTEM FOR NEW CITY FACILITIES Moorse referred to a document listing alternatives suggested by the fuel system vendor. He stated they are reviewing the alternative of a smaller above-ground tank which would ensure the capacity on site when needed. He said the size of these tanks would not allow for the volume discount as with a larger tank. Jabbour stated with that volume discount the City would not be saving money. Goetten asked how the Council can be sure this is what is needed and all costs are included. Moorse stated he would continue to discuss with the vendor the options avallable. Jabbour asked what costs the City will incur for cancelling the under-ground tanks. Moorse stated that cost is not yet known, but felt it may not be a substantial amount. Jabbour understood the City may be in a position not to incur restocking charge, which may reduce that canceling cost even more. Goetten asked what insurance is needed with Alternative S3. Moorse stated it would be standard property insurance. Butler asked the amount of gas the City currently uses annually. 5— 1ft ! ■*- MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 1992 FUEL STORAGE - CONT Moorse stated the minimum tank size recommended is 4,000 gallons as the City uses approximately 40,000 gallons of gas per year and 2,000 gallons of diesel per year. He added, the Public works Department is using more diesel for their equipment. Butler questioned the aesthetics of the above tanks fitting in with the facilities setting. Moorse stated they would need to consider location options, but added the tanks would be partially screened. Goetten stated she is in favor of above-ground tanks, but added she would like to see additional information. Jabbour suggested directing staff to investigate the options further and report back to the Council. (««24) CURT QUADY’S REQUEST REGARDING TREE REMOVAL It was moved by Jabbour, seconded by Butler, to accept the Information regarding this issue. Ayes 5, nays 0. (•25) LICENSES Goetten objected to the issuance of this trapping permit. Butler thought the Council had banned leg hold trapping and asked if there were not other methods to rid the area of the beavers. Moorse clarified the permit was for a non-leghold trapping method. It was moved by Butler, seconded by Mayor Peterson, to approve the Limited Trapping Permit for Michael A. Bosanko of 2090 Shoreline Drive. Ayes 4, nays 1. Goetten voted nay. (*•26) BILLS It was moved by Jabbour, seconded by Butler, to approve payment of the All Funds Account. Ayes 5, nays 0. A Li MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 9, 1992 ADJOURNMENT Mayor Peterson adjourned the regular Orono City Council meeting at 8:55 p.m. to Executive Session. Ayes 5, nays 0. ATTEST: Barbara A. Peterson, Mayor Dorothy M. Hal I in. City Clerk % . :: TOs Mayor Peterson and Orono City Council Ron Moorse, City Administrator Dates Subjects Michael November P. Gaffron, Asst Planning & Zoning Administs^a^o 3. 1992 #1764 Austin Evans» 255 Landmark Drive - Preliminary Plat Approval - Resolution Applications Request to split off a 2 acre building site from^8|t 1, Block 1, Bayside Landing €/ Soniag Districts LR-lA, 2 acre minimum List of Bxhibits Exhibit A Exhibit B Exhibit C Exhibit D Resolution Planning Commission Action Notice 10/26/92 Planning Commission Minutes 10/19/92 Memo & Exhibits of 10/9/92 Si iry This is a proposed two lot subdivision to create one additional building site. The property is provided with municipal sewer as part of the Stubbs Bay Sewer Project. Lot data is as follows: Lot 1 (E)Lot 2 (W) Lot Area: Dry (Above 931.5')2.06 ac 1.20 ac Flood Fringe (929.4'-931.5')1 ac +0.92 ac Below 929.4*Not Calc.0.03 ac Total 4.30 ac 2.15 ac Width:250' +500* + i of Building Envelope:45,000 s.f.12,500 The applicant is taking advantage of Municipal Code Section 10.55, Subdivision 15 (A) (3) which allows the use of credit for "flood fringe” lands when dividing sewered property. Applicant has provided the necessary 1 acre of dry buildable land in addition to acreage within the flood fringe that is creditable for a sewered lot being subdivided in the 2 acre zone. Lot width standards are met, and each of Lots 1 and 2 has a building envelope large enough to accommodate a residence. Flanning Commission Recommendation Ihe Planning Commission reviewed this application at its September 21 and October 19 meetings, and voted 7 to 0 to recommend approval per the following conditions: i Zoning File #1764 November 5, 1992 Page 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Lot 1 shall access via Landmark Drive. The existing driveway access onto Bayside road shall be regraded to eliminate all future access at that location before a building permit can be issued for Lot 1. Lot 2 shall gain access to County Road 84 subject to submission to the City of an approved Hennepin County driveway access permit prior to final plat approval. The underlying Conservation and Plowage/Drainage Easement granted with the plat of Bayside Landing shall remain in effect over both Lots 1 and 2. Prior to preliminary plat approval by Councilr applicant shall declare which of Lots 1 or 2 shall be granted the lakeshore access via Outlot A of Bayside Landing, which will be documented in the final plat resolution. All construction shall adhere to the building envelope defined on the survey dated 8-28-92/revlsed 10-8-92. Applicant is advised of Municipal Code Section 10.03, Subds. 19, 20, and 21, which define the extent of filling and grading that will be allowed for any residence developed on Lot 2. Council should certify which sub-area will be the basis for the sewer connection charge for Lot ?. It is recommended that the previous assessment for one unit as part of the Bayside North sub-area be assigned to Lot 1, and that Lot 2 be subject to a full unit connection charge as part of the Stubbs Bay Northwest sub-area, to be paid in an amount according to the City fee schedule at the time a building permit is issued for Lot 2. Applicant shall grant to the City a continuous 10' bike trail easement over the 10' drainage and utility easement adjacent to Bayside Road# and shall additionally psy the standard park fee less the value of said trail easement. (Note that the City's future development of the bike trail segment within the wetlands will require a variance). Granting of the standard Drainage 4 Utility Basements along all lot lines (10' along exterior lot lines, 5' along interior lot lines). The existing building foundation(s) on the property shall be removed. Out lot A (lake access lot) may not be used for parking of motor vehicles per the conditions of the covenants and special lot combination documents governing said outlets. 4* i^. 1Zoning File #1764 November 5, 1992 Page 3 Staff RecoMMndatl JTX^ll^S e ^ ”0 fjcrr t* A RBSOLOnOV GRAanWG PRBLUIZaART APPROVAL OF A TWO LOT FIAT FOR THB PROPERTY LOCATl 255 LMOMIRl ORZVB FlUr RO. 17€4 AT f NBBRBA8# Austin Evans (hereinafter "the applicant”) on August 28# 1992 filed a formal subdivision application with the City of Orono (hereinafter "the City") for approval of a 2 lot residential plat of property legally described as Lot 1# Bloclc 1# Bayside Landing# Hennepin County# Minnesota (hereinafter "the property"); and WBBRBA8# after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Planning Codes# the Orono Planning Commission held a public hearing on September 21# 1992 and October 19# 1992# at which times all persons desiring to be heard concerning this application were given the opportunity to spealc thereon; and 1IH8R8A8# at their regular meeting held on November 9# 1992# the Orono City Council considered the subdivision application and noted the following findings of facts 1.The property is located within the LR~1A Single Family Lakeshore Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2.Because the property is served with municipal sewer as part of the Stubbs Bay Municipal Sewer Project# the applicant is proposing to use 0.80 acres of wetland area defined as "flood fringe" as credit towards the required 2 acre dry buildable area requirement# as allowed in Zoning Code Section 10.55# Subd. 15 (A) (3). 3.The property contains a total of approximately 6.45 acres. Both the proposed residential lots meet the 2 acre area requirement as follows: Lot 1 Lot 2 2.06 acres dry 1.20 acres dry plus 0.92 acres creditable flood fringe; Total ■ 2.12 acres Page 1 of 6 4. 5. 6. 7. c 9. 10. lots Aro soirvAcI wl^h nunicip&l scwcir. The property was AAsessed one sewer unit as psrt of the Bsyslde North sub-sres within the Stubbs Bey Sewer Project. A second sewer unit will be collected as a connection chArge At the time of construction on Lot 2. Proposed Lot 1 is intended to be Accessed vie a drivewAy from LAndamrk Drive. Proposed Lot 2 is intended to be Accessed viA a drivewAy directly onto Bnyside RoAd (County RoAd 84). The existing direct drivewsy Access from Lot 1 to Bsyside Rosd is intended to be eliminsted. No Additions1 right-of-wsy is required for Bsyside Rosd. The existing conservstion snd f lowAge/drsinsge essesient over the designsted wetlsnds on the property will remsin in effect. The City will require grunting of a continuous 10* bike treil essement over the south 10* of the property sdjscent to Bsyside Rosd, in Addition to the stsndsrd perk fee less the vslue of ssid trsil essement. Both newly crested lots hsve been found to meet the stAndsrds of Ordinsnce No. 101, 2nd Series, An Ordinsnce Estsblishing Regulstions for the MAnsgement of ShoreIsnds within the City. All proposed structures shsll meet the required 75* setbsck from the 929.4 creek elevstion, ssid creek being considered for setbsck And hsrdcover purposes ss contiguous with Stubbs Bey. All proposed structures shsll further meet the required 26* setbsck from the wetlsnds, zhe boundsry of ssid wetlsnds defined AS coincident with the boundsry of the existing conservstion snd flowsge essement, shown ss s drsinsge essement on the underlying plst of Bsyside Lending. Both lots hsve been found to meet the minimum stsndsrds of the LR-lA Lskeshore Residentisl Zoning District, snd s single fssiily i^ssidence csn be constructed on esch lot without the need for vsrisnces. Only Lot _ shsll be grunted lskeshore Access vis Outlot A of Bsyside Lending. Lot shell hsve no riperisn Access rights vis Outlot A. Psge 2 of 6 llOlffv THIRBFORB BB IT RBSOLVBDf that based upon one or more of the findings noted abover the City Council of the City of Orono hereby approves the preliminary plat application of Austin Evans per the survey dated 8-28-92, revised 9-18-92 and 10-8-92, by Mark S. Gronberg of Coffin and Gronberg, Inc. subject to the following conditions: 1. Lot 1 shall gain access via Landmark Drive and shall remain subject to the covenants and obligations associated with that private road. The existing driveway access from Lot 1 onto Bayside Road shall be regraded to the satisfaction of the City to eliminate all future access at that location before a building permit will be issued for Lot 1. Lot 2 shall gain access to County Road 84 subject to submission to the City of an approved Hennepin County driveway access permit prior to final plat approval. 2. The underlying conservation and flowage easment shown as "drainage easement” on the plat of Bayside Landing shall remain in effect over both Lots 1 and 2. 3* Lot __ is granted lakeshore access via Outlet A of Bayside Landing and shall be subject to the existing covenants and restriction regarding said outlet. Lot ___ shall have no lake access via Outlet A. Applicant is advised that Outlet A suiy not be used for parking of motor vehicles per the conditions of the covenants and special lot combination documents governing said outlet. 4. The existing building foundations on proposed Lot 1 shall be removed within 6 months of the date of final plat approval, or prior to issuance of a Certificate of Occupancy fc^ a new residence on Lot 1, whichever comes first. 5. All construction shall be within the building envelopes defined on the preliminary plat drawing dated 8-28-92/revised 10-8-92. 6. The extent of grading and filling that will be allowed for any residence developed on Lot 2 shall be regulated by the pertinent requirements of Municipal Code Section 10.03, Subdivisions 19, 20 and 21. Page 3 of 6 7. Applicant shall grant the standard drainage and utility easements along all lot lines (10* along exterior lot lines, 5* along interior lot lines). 0. Applicant shall grant to the City a 10' bike trail easement over the south 10* of the property adjacent to Bayside Road, and shall additionally pay the standard park fee less the value of said trail easement. 9. The previous one unit sewer assessment as part of the Bayside North sub-area of the Stubbs Bay Sewer Project shall be assigned to Lot 1. One unit connection charge as part of the Stubbs Bay Northwest sub-area shall be paid for Lo*" at the time building permit is issued for Lot 2, in an amount according to the City fee schedule at that time. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Adad.nistrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the months 1. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to l”-200*. Drawing to includes A. Lot lines platted per preliminary survey by Coffin and Cronberg, Inc. dated 0-28-92/revised 10/8/92. B. Dedicav.^or. of drainage and utility easements 10* wide along all perimeter property lines and 5* each side of internal property lines - o^t along the creek and wetlands. C. Designation and dedication of a drainage easement over the wetlands and drainageways within Lots 1 and 2 per the underlying conservation and flowage easeoient dedicated with the plat of Bayside Landing. The conservation and flowage easements shall be carried on and documented in any documents that transfer title to the property. Page 4 of 6 m« 2. LEGAL DOCUMENTS required: A. Title opinion addressed to the City. All owners# nortgaae holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest• B. The applicant must provide certified copies of recorded easeoients currently affecting the property. C. Executed bike trail easements# City to provide document. 3. TEES TO BE PAID: Total Due $200.00* A. Legal review and filing fees of $200.00 *B. Park Commission has determined that a park fee will be required in addition to dedication of the bike trail easement. The City Assessor has been asked to determine the fair market value of the undeveloped lands within the subdivision so that a park dedication fee can be determined. The park fee shall be adjusted to exclude the value of the bike trail easement. Applicant will be advised as soon as Rolf Erickson# the City Assessor# has submitted his findings. Adopted by the City Council of the City of Orono# Minnesota at a regular meeting held this 9th day of November# 1992. ATTEST: Dorothy M. Hallin# City Clerk Barbara A. Peterson# Mayor Page 5 of 6 m STATE OF MINNESOTA ) ) S8. COONTY OP HENNEPIN ) r' •v h r- frr. The foregoing Instrument was ackitowledged before me on this Sth day of Novemberr 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 6 of 6 I I ! t i Lba. CITY OP ORONO P. O. Box 66 Crystal Bay* MB 473-7357 55323 S0NIII6 PILB *1764BOTICB OP PIABNING COMNISSIOH ACTIOH Data of Moticet 10/26/92 TOt Austin Evans 1405 Kingsvlaw Lane Plymouth# MN 55447 COPIBS TO: TTPB OP APPLICATIOHs Subdivision DATS OF HBBTIBGi 10/19/92 VOTBx 7 For 0 Against PlaimlBg Coamdssloa racosswads tlw followings Approval subject to conditions noted below. ■OnS AMD 8PBCXAL COODITIOBBs Planning Commission recommended approval of the preliminary plat aubject to the 8 conditions noted in the October 9# 1992 staff mesio# adding a condition that the existing building foundation(s) on the property be removed# and reiterating that Outlet A (lake access lot) may not be used for parking of motor vehicles per the conditions of the covenants and special lot combination documents governing said outlet. Applicant's next scheduled meeting is confirmed as: City Council Monday# November 9# 1992; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Coswiission minutes# they are available from the City Recorder after review and approval by the Planning Commission. •Ik f MBo» adding la proparty ba ay not ba naad covananta and t 7s 00 pai. .ng CoMiasion ir raaiaw and PROPOSED SUBDIVISION FOR • • ■ AUSTIN EVANS m or UlT t BUCK X B/W8I0E lANDINQ HaniEPIN OOUNTV. MMNESOIA y5’ - 4? I ! • « •. iim Mtcti»Tios or yttiims; ut t. siMi I. MvsiN inaiM Thii SHrvty iNttnit U shM tfto k•NRS•flt• tf tk« StscrIHi prtHTtr.It S««t M*t surptri to litoo ooy otMr l■sr•tt■OMtt or oocroochaoots. Iroo aorkor : Soot olovat loarloti ikowo aro kaaotf osoa ao aaaoaoS Satoa.r««a.v : Soot olovatioo. aoaa laa lovol tfatoa •( I'.; .3 ' k- % \ \\ ' .'l / ort ptr C iWlI 'V c".4, \ ' jiM I AK,-' M cr *rpN« A^ l.Minl. «¥i ii^i m l. I Oi\ I\fA4. V— Scale o Denotes ^l\r.c V o c c V• • % i. ! For M'PMtf of Ml 00 OfOiifiitd 5to .....\--------’’Up* A' Lfht Mifintlon HIdliMt fefiowii M N.G.V.O. It29,0 BtwcfciMfli It 0 Cltv«llMlt952 yt>*» *uoC*' M ' K uO’Xo a A*LIm •OKAINAOe A U \ OUTLOT/ PA X P/j- \ \V •• • \ OtlOvlM»ML«l« miM •tillt SflOfMt if btifit •iMm •• Nm plo • % Mtif ----------------- V V ^ V# M I ?.* U I I \j\ iL.t. Cm M vy I e • A »/ T t. EttlJI«#triiEI/4olSW|/4of V-’ M Nr4E I e IV •• V 7. ll?:y ■ "■ffor--------- s:•vl. W\c. ^ !B4 /*I Atufoiistrito MLt^^ 200.Mf I '•-wji <f ».T* A \ ♦ «• C*- “Lint A"kAJ ^-..Sovtlt Niittf NC l/!«f SWi/l 4f NWI/4 tr S«.9 • • SEE DETAIL \ Ctfittfllnt tf tutiy ocCMpciirr&St£i Vi 0/^>J'r4d^ , • ••• I NV^ MP!?i*KX. 111.00 V Ctfft If wftloiiO* ••••• • • m{-m *■••• ••••#«•••••* ••• 0- Ct«l«rN»t tf Cft. CffWtlMCCM^* js«uarTAiL^fN Ntttitttriiittt •t* M' C o Otnoftt P«r M'PMN «f kM M Lalit NMiii nX^O. (fit, o Tot Chairman Kelley and Planning Commission Members Ron Noorse» City Administrator Wramt Michael P. Gaffron# Asst. Planning & Zoning Administrator Dates Subjects October 9, 1992 #1764 Austin EvanSr 255 Landmark Drive - Preliminary Subdivision - Continuation of Public Hearing List of Bxhibits Exhibit A Exhibit B Exhibit C Exhibit D Revised Survey Planning Commision Action Notice 9<-23-92 Planning Commission Minutes 9-21-92 Memo and Exhibits of 9-18-92 Discuasloo After discussions with the DNRr applicant's engineer# and the City Engineer* staff has concluded chat it would be appropriate in this case to credit as "flood fringe" area portions of the wetland above the 929.4' elevation contour. Also# DNR staff indicated that they would not necessarily consider that the shoreline of Stubbs Bay continues through the culvert# and left it to the City's discretion as to whether we should treat it as such. I have taken the conservative approach and asked the surveyor to define a 75' setback from the 929.4' contour line on both Lots 1 and 2. Based on the above# proposed Lot 1 contains 2.06 dry buildable acresi proposed Lot 2 contains 1.20 acres above the 931.5' elevation# with an additional 0.92 acres creditable above the 929.4' contour# for a total lot area of 2.12 acres above the 929.4' elevation. This would appear to meet the intent of Section 10.55# Subd. 15 (A-3) regarding credit for flood fringe lands. The resulting building envelope for Lot 2 ranges from 60' to 120' in width and 120' in depth# ample room for development of a residence. Additional Factora Following are additional poirts noted in the September 18th mer.o: 1.The property is serv^'cl with sewer but was assessed only one unit as part of the Bayside North project# and this assessment would logically be assigned to Lot 1. A sewer stub can easily be provided to serve Lot 2. Note that the sewer unit for Lot 2 would be charged the full unit price not the reduced price# since the lot is not buildable without sewer. This connection charge would be collected at the time a building permit is issued for Lot 2. Council y Zoning File #1764 October 9, 1992 Page 2 must determine whether Lot 2's connection charge will be based on the Bayside North sub-area rate# or as part of the Stubbs Bay Northwest sub-area. Since Lot 2 will connect directly to the trunk rather than the Bayside North lateral» it justifiably is part of the Stubbs Bay Northwest project and should pay the full Stubbs Bay Northwest unit rate. (Note that the 9-18-92 memo indicated no payment for -econd unit would be due until the second house is built. Further discussion with the Finance Department indicated in this situation that would not be applicable). 2.The Park Commission has requested the standard park dedication fee plus a 10* bike trail easement over the 10* d' linage and utility easement adjacent to Bayside Road. The p rk fee would be adjusted to compensate for the easement. 3.Hennepin County Department of Transportion has verbally indicated they would approve a driveway location located adjacent to the building envelope. Applicant should be advised to make a formal application to Hennepin County for an access permit» such permit to be obtained prior to final plat approval. 4.The City is requesting an easement through Lot 1 for municipal sewer lines extending northwestward to serve the house at 185 Landmark Drive. Applicant is requested to finalize the easement at the earliest possible date in order that sewer construction can commence immediately. 5.As noted in the September 18th memo* applicant should designate which lot will be assigned the existing lake access rights. Staff Hsrna—nilation Staff recommends approval of the subdivision as proposed, subject to the following conditions: 1.Lot 1 shall access via Landmark Drive. The existing driveway access onto Bayside Road shall be regraded to eliminate all future access at that location before a building permit can be issued for Lot 1. Lot 2 shall gain access to County Road 84 subject to submission to the City of an approved Hennepin County driveway access permit prior to final plat approval. 2.The underlying Conservation and Flowage/Drainage Easen.ent granted with the plat of Bayside Landing shall remain in effect over both Lots 1 and 2. 8 lijMi Zoning File #1764 October 9, 1992 Page 3 3. 4. 5. 6. 7. 8. t’ Prior to preliminary plat approval by Council, applicant shall declare which of Lots 1 or 2 shall be granted the lakeshore access via Outlet A of Bayside Landing, which will be documented in the final plat resolution. All construction shall adhere to the building envelope defined on the survey dated 8-28-92/revised 10-8-92. Applicant is advised of Municipal Code Section 10.03, Subds. 19, 20, and 21, which define the extent of filling and grading that will be allowed for any residence developed on Lot 2. Council should certify which sub-area will be the basis for the sewer connec'.ion charge for Lot 2. It is recommended that the previous assessment for one unit as part of the Bayside North sub-area be assigned to Lot 1, and that Lot 2 be subject to a full unit connection charge as part of the Stubbs Bay Northwest sub-area, to be paid in an amount according to the City fee schedule at the time a building permit is issued for Lot 2. Applicant shall grant to the City a 10* bike trail easement over the 10* drainage and utility easement adjacent to Bayside Road, and shall additior.o 1 ly pay the standard park fee less the value of said trail easement. Granting of the standard Drainage 6 Utility Easements along all lot lines (10* along exterior lot lines, 5* along interior lot lines). CITY or OROMO r* O. Box 66 Crystal Bay, NH 473-7357 S0II1R6 FIIX #1764 55323 HOTICB OP PLABBIHG CONNISSIOB A<3TIOH Date of NoticeI 9/23/92 fOt Austin Evans 1405 Kingsvlew Lane Plymouth, MN 55447 00PIB8 rox TTPB OP APPLZCATIOBt Subdivision mm ^m mm mm mm mm mm ^m mm ^m mm ^m ^m ^m mm mm mm mm m^ mm t DATE OP MBBTIBGs 9/21/92 VOTBs 7 For 0 Against Planning COnBission rocoMsnds the following] Tabled for reasons noted below 9008 ABD 8PBCZAL OOBDITIOaSs Tabled at applicant's loquest for further discussions with staff. Please contact Mike Gaffron (473-7357) to go over the 9/18/92 memo and additional information needed to proceed with the review. t'-' Applicant's next scheduled meeting is confirmed as: Planning Commission October 19, 1992; meeting starts at 7:00 p.m. 1 ■■1 i ■y I- BoyKe explainea cnac cne cicy approveu a meLe$ ana oounus aivision* but It was not recorded at the County correctly. He is In the process of trying to work that Issue out. Chair Kelley felt that septic testing for the site may determine where the property boundaries should be placed. It was moved by Chair Kelley, seconded by Cohen, to table Application #1762 Paul W. Boyke, 793 North Ferndale Road, pending septic test Information. Ayes 7, nays 0. (#2) #1764 AUSTIN EVANS, 255 LANDMARK DRIVE - PRELIMINARY SUBDIVISION -PUBLIC HEARING 7:42 - 7:50 P.M. The Affidavit of Pub 11 cat I on and Certificate of Mailing were noted. Austin Evans was present. MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD SEPTEMBER 21, 1992 ZONING FILE #1764 - CONT. Gaffrcn explained that an out lot was established providing lakeshore access to the lots In this development. He noted staff recommends that only one of the two lots In this proposal gain access from the outlet to the lake. He reviewed the Issue of flood fringe areas, and stated the Planning Commission needs to determine whether to treat this property as a flood fringe or wetland. Evans requested the application be tabled until he has discussed the ramifications with staff. It was moved by Cohen, seconded by Rowlette, to table Application #1764 Austin Evans, 255 Landmark Drive, to allow the applicant time to discuss the proposal with staff. Ayes 7, nays 0. John Thiesse, 3845 Bayside Road, stated he has no objection to the proposal, but asked that the deeded lake rights remain with the lot on the cul-de-sac. Rowlette asked that only one of the lots within the proposal be allowed lake access through the outlot. (#3) #1621 TERRY 4 JONELL JOHNSON, 1045 LINDEN LANE - VARIANCES - CONTINUATION OF PUBLIC HEARING 7:15 - 7:40 P.M. Mr. and Mrs. Johnson were present. Saffron explained this current proposal Is being referred to as Plan "0”. The application was first brought before the Planning Commission about 1 1/2 years ago. The plan includes a garage 9os Chairman Kelley and Planning Commission Members Mayor Peterson and Orono City Council Ron Moorse, City Administrator c^. Dates Subjects Michael P. Gaffron» Asst. Planning & Zoning Administrator September 18r 199X • Preliminary#1764 Austin Evans* 255 Landmark Drive Subdivision - Public Hearing Applications Request to split off a 2 acre building site from Lot 1* Block 1* Bayside Landing. Soiling Districts LR-IA* 2 acre minimum. Pertinent facts Lot 1 Lot 2 (House)(New) Lot Areas Dry 2.06 Ac.1.20 Ac Wetland 2.24 Ac.0.95 Ac Total 4.30 Ac.2.15 Ac Lot Widths 250' +520' + List of libitS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Application Plat Map Property Owners List Survey Connents from City Engineer Copy of Section 10.55* Subd. 15(A-3) and Flood Fringe/Floodway DefirItions Issues 1.Section 10.55* Subd. 15(A-3) allows (for unsewered property) a density credit for "flood fringe" lands equivalent to the amount of dry land* to meet the acreage requirement. Applicant proposes to credit .95 acres of flood fringe with 1.20 acres of dry buildable land to meet the 2 acre requirement for Lot 2. 2.Few subdivisions in staff's recollection have made use of this code section since its adoption in 1979. In perhaps two or three cases* existing lots of record hive used the wetland credit for sewered property. Staff has initiated discussions with the applicant's engineer* the City Engineer* and the DNR in attempting to determine whether all of the proposed wetland area to be credited falls within the definition of "flood fringe". Flood Fringe is defined as the area between the floodway elevation (not strictly defined for this wetland as of this k : i J Zoning File #1764 September 18» 1992 Page 2 3. 4. a'’- \r 5. e. 7. 8. writing) and the flood p«. '' elevation (established at elevation 931.5 based on the culvert contiguity with Stubbs Bay). If the floodway is defined at an elevation near 930.0 or higher* the flood fringe credit may not be available. Under the assumption that enough flood fringe area is available to meet the 2 acre lot area requirement* the proposed lot boundaries allow for adequate area and width for this to be a legitimate building site* although it at first viewing would be perceived as relatively low land. There is a lilcely buildable envelope approximately 120* deep and 130* wide. One other unresolved concern is* if the 929.4 contour continues from Stubbs Bay through the culvert and up the creek* whether a 75* setback must be *equired. If so* this would reduce the building envelope width tt perhaps 115'* still leaving substantia} area to develop a residence The property abuts municipal sewer* and s within the MUSA boundary as recently amended. Only one sewer unit was assessed to the property* intending to serve Lot 1. A stub can easily be provided to serve Lot 2. KJOTB '• /o o— , f- hLA a '.r . City policy is to collect the second sew«r unit at the time a building permit is issued for the second residence on the property* regardless of which lot the second house is built on. •Tuc.: ft- ' 'r'l' The Orono Park Commission has"requested that* in addition to the standard park dedication fee* a 10* bike trail easement be granted over the 10* drainage and utility easement adjacent to Bayside Road. The park fee would be adjusted to compensate for the easeawnt. A copy of the proposed plat has been forward to Hennepin County Department of Transportation for review of a driveway location for Lot 2. Me have no response as of this writing. The City Engineer notes a potential concern on driveway location and sight distance* hence any recommendation for approval must be contingent on driveway location approval from Hennepin County. The City has requested an easement through Lot 1 for municipal sewer lines extending northwestward to serve the house at 185 Landmark Drive. The originally proposed easement location was down the old driveway corridor through the center of the lot. Applicant has discussed with Public Works a relocation of that easement to reduce the impact on Lot I's building site. Since Bayside Road is considered a scenic par)cway but not an arterial road within the Comprehensive Plan* there is no requirement that access to Lot 2 be provided by an interior roadway system.j Zoning ' “s #1764 Septembf> 18# 1992 Page 3 9.Regarding lake access, recall that this property was one of two lots gaining access to Stubbs Bay via Outlot A of Bayside Landing# based on the shoreline width. Under the new Shoreland Regulations# the definition of lot width would be a straight line and only one of the Bayside Landing lots would have gained riparian access. For this reason# it is staff's recommendation that no additional lots can gain lake access over Outlot A# but Mr. Evans should be given the choice as to whether Lot 1 or Lot 2 is assigned the existing access rights. Staff ■acoaswadatioa Given the unresolved issues of the creditable flood fringe area# the location of the 929.4 as it continues through the culvert# and the question regarding driveway location# staff would recommend tabling of this request. Since this is a public hearing# public comments should be heard and any additional issues found by the Planning Commission should be brought to the attention of the applicant. ■0 1 w ■ % $ 'I ^ / .i CITY OF OROMO - SUBDIVISION APPLICATION;/^ > -» ' PROPBRTY LOCATION I • •• t -t IN Site Address n Property Identification Number (P.I.D.) (>S-//7-Z^-Z3--ij^0200m CITK OF mUQ FimCB OFFICE Please check one — Property abstract or torrens?:-01 J75.J75.CHECK^^ Attach legal description to application. _______ APPLICANT Name AusrfN Phone (home) U-7^ ' 3f f 3 Phone fwork) ^ ^ «ILo^ kt*/<SVtihJ City: ONNBR (if different than applicant)Phone (home) Name Phone (work) Address:City: (attach list ir more tnan one) EXISTING LAND USB Number of Tax Parcels Development Size y./9 SJil. Acres Dry Land Acres Wet Land Acres Total, all parcels * \ Present Use (check)Residential; no. of units Other (specify)_________ Present Zoning District \ proposal Division for Tax Purposes Lot Line Rearrangement Only (no new nuilding sites) Subdivision for New Building Sites Nxixnber of Building Sites:Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) Units per Acres 1 Sq Feet Dry Buildable Land X R>«8idential Other (specify) HmiNOM MATERIAL MBCBS8ARY FOR COMPLBTB PRmiMIMARY APPLICATIOM 2* pSSiminary**piat*inforroatTon on Certificate of Survey. ?• rfJilJlSrLooerty 0^ of owners within 350* (you must obtain this list from Bennepin County Department of Finance A-603 Govt Center 4. As an addendum to this applicatioitr pl^ase^ attach a separate list of any other per^ns.-ypy wish .notified of this application. Certification by Zoning Department that Preliminary Plat Application is eoaq^lete Boning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _i_n 1, Payment of fees (park fees# filing feer sewer and water assessments). 2. Signed Certificate of Survey or mylar copies of formal plat. 3• Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _—_ _ _ _ _ _ _ _ _ _ Sketch Plan Review (Class I, II *« HD Subdivision of a Lot Line Rearrangement Preliminary Review (Class I t II Subdivision) Preliminary Review (Class III 6 arll^.non-residential) Final Plat Review (Class III) *(Plu8 any legal or engineering charges) Renewal of Preliminary Subdivision Application Renewal of Final Subdivision Application $200.00 300.00 300.00 325.00 + 25.00/Tx)t •175.00 150.00 100.00 The applicant hereby agrees to requested by the Zoning Administrator, City Engineer, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. Applicant's Signature Date Date !9n Jr i9tkOwner's Signature _ Applicant must have all submittais. into the City offices 25 days before the Fanning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. 0: mti f.VfP )\. i5 ^ •mr9 (l«) ’•rvf % r cm i *®N)i 11 1 c ■P(4) 1 t55:> V .‘■<t I (5) *K p«rvt 1 |I4> CH • 1 imry. l^sei [T. (Itl I (III *»*(ni M. ^ Ji U b;j X'Tj~ies %t ”t I II * Z mn* DOTffl'EB-V • • • ' • ; q- 4Ml Ml'®' (»5) •f ‘'ll u.|^ nil** ••(m %lt>: ■ SikuiL' \ :^ i::»' lJ3l// Z' P 5*^\r'mpTn>^": I MM Mn UTCN MS HCMCMN COUNTY PROPfRTY INTOMUTION SYSTEN PROPERTY (RMERS LIST REPORT NO. P14SS%01 PAGE 3 OMMR MHi TAXPAYER NIME/AOOR SR OS-117-ES n OOOS OS7M BAYSlOE RO HAZEL ANDERSON HAZEL ANDERSON S7DO DAYSIDE RO LOND LAKE NN SSSSR SO OS-117-2S Z1 OOlS 0S750 DAYSIDE RO JOHN BURGER ETAL JOHN BURGER S750 DAYSIDE RO LONG LAKE fM SSSSR Sa OS-117-ZS 22 DOOR OOOSO ADDRESS UNASSIGNED H 6 a S R FILBRANOT HICHAEL FILBRANOT SRRO BAYSIDE RO NAPIE PLAIN MN 55S59 OMCR NAME TAXPAYER NAME/ADDR SB B5-I17-2S 22 0007 OSMO BAYSlOE RO MICHAEL 0 FILBRANOT MICHAEL FILBRANOT S9R0 BAYSlOE RO MAPLE PUIN Ml 5SSSP SO 0S-117-2S 22 0000 OOlOS LANDMARK OR BETTY MINER ET AL RICHARD F A KATHLEEN A KYLE lOS LANDMARK OR LONG LAKE MN SSSSR SO 0S-117-2S 22 0010 OOOS5 LANDMARK DR VICKIE J ROSS VICKIE J ROSS SS LANDMARK OR LONG LAKE MN SSSSR PROP ASM SB 0B-I17-2S 22 0011 0017S LANDMARK OR SO 004 OS-1I7-2S 22 0012 « ADDRESS UNASSIGNEO GM4ER til HE L C HARREN A J N HARREN BETTY L MINER-TAXPAYER LEE C A JULIE N HARREN PAUL SNANSONr-v ^NAME/AOOR ITS LANDNAIBt OR ADDRESS UNKNOMI t iV LONG LAKE Ml SSSSR r.SB 0S-117-2S 2S ODOR SO 0S-117-2S 2S DOORPROP AOOR OSMS BAYSlOE RO OSORS BAYSlOE RO r OM«R NAME FRED BLANCH JR J B TNIESSE ASA TNIESSE TAXPAYER FRED BLANCH JR JOHN B A SHERRI A THIESSE NAME/ABBR S9RS BAYSlOE RO SORS BAYSIDE RDrLONG LAKE MN SSSSR LONG LAKE MN SSSSR •M 0S-II7-2S 2S 0000 SO 05-1I7-2S 2S OOOTPROP AiDR OSBRS DAYSIDE RO OSORS OAYSIDE ROwOMNEB NAME OAK OIANIS C J MEZZENGA A E K MEZZENGA TAXPAYER BAVIO OIANIS CNRISTOPHER/EUGENIA MEZZENGA S70 N E PLANTATION RO ORION SORS OAYSlOE ROAO t , STUART PL SRRRR LONG LAKE MN SSSSR ♦ • SO 0S-1I7-2S IS 0011 SO 0S-117-2S 2S 0012 -PROP ABBR OOS2R NESTLAKE ST 00SS2 NCSTLAKC ST OMER NAME C E MILLER ETAL F E lONRY ETALwTAXPAYERBLAKE N BICNANICN SLAKE H SICNANICNrmm/mm tZR NESTLAKE ST 5S2 NESTLAKE ST \LONG LAKE MN SSSSR LONG LAKE m 5535A SO 05-117-2S 22 OOlS OOORO ADDRESS UNASSIGNEO GARY N A VICKIE J ROSS GARY N A VICKIE J ROSS RO SNITH AVE MAYZATA Ml SSSTl SO 0S-117-2S 2S 0007 OSOSS BAYSlOE RO PEGGY PETEI PEGGY PETEI S05S BAYSlOE RO LONG LAKE Ml SSSSR SO 05-1I7-2S 2S 0010 OOOSO ADDRESS UNASSIGNEO OAR OIANIS DAVID OIANIS S7« NE PLANTATION RO ORION STUART FL SRRRR SO 0S-I17-2S 2S OOlS OOSRO NESTLAKE ST C STENOERSON A C HARRER CARL STENOERSON S1I2 NOOOLAMI AVE MAYZATA Ml SSSTl 1 ■J •UN tATI ot/t>/n NiNNEPIN COUNTY •HOOeRTY INFORHATION SYSTEM PROPERTY OltCRS LIST REPORT NO. PX4S5401 PtyC 4•ATCN OREOMCR NINE TAXPAYER NAHE/AOOR SR RS-117-ES ES RRIR RRSAR NESTLARE ST • • MARSH A P A MARSH RORERIC R MARSH A PATRICIA A MARSH SAR NESTIARE ST lONB LAKE MM B5SSA 30 0S>117-E5 E5 0021 00309 NESTLAKE ST 6 S PERL A R J PERL GRE66 S A RETTE J PERL 309 H LAKE ST LONB LAKE HN 553.94’.SR 05>117-23 23 0022 00325 NESTLAKE ST RAO OLSEN RONALD 6 OLSEN 3A1 MEST LAKE ST LONB LAKE »tl 5535* PROP AOOR -•OMCR NAMEr n ’ .TAXPAYER : • ■■ NAME/ABOR k - .• • PROP ADDR %DNNER NAME TAXPAYER NAME/ADOR 3R 05-117-23 23 0023 RORSR ADDRESS UNASSIBNEO RAO OLSEN RONALO « OLSEN Ml NEST LAKE ST LONB LAKE Wl 5535A 30 05-117-23 23 002A OOMl NESTLAKE ST RONALO 6 A DEBBIE K OLSEN RONALD OLSEN 1A05 KXNBSVIEN LA PLYMOUTH MN 55947 30 05-117-23 23 0033 00030 ADDRESS UNASSIBNEO MICHAEL B FILBRANOT MICHAEL FILBRANOT 3990 RAYSIOC RO MAPLE PLAIN »tl 55359 M 05-117-23 23 DOM DD255 LANDMARK OR A N EVANS A B EVANS AUSTIN H A RIANE EVANS 1405 KXNBSVIEN LA PLYMOUTH Ml 55447 30 05-117-23 23 0035 00030 ADDRESS UNASSIGNEO A H EVANS A D EVANS AUSTIN H A OIANE EVANS 1405 KINGSVIEH LA PLYMOUTH »M 55447 30 05-117-23 23 0039 00030 ADDRESS UNASSIGNEO EST Or AK iREN MINER CITY or ORONO PO BOX 99 CRYSTAL DAY HN 55359 I:) ''C-J PROP AOOR A OM«R NANI TAXPAYER I" NAME/ADOR 3R 05-117-23 20 0100 OOOSR ADDRESS UNASSIGNEO SAC OAROINER STEVE OAROINER 3770 RAYSIOE RB LONB LAKE HN 55350 30 05-117-23 24 0101 03770 RAYSIOE RO SAC GARDINER STEVE GARDINER 3770 RAYSIOE RO LONG LAKE HN 55359 30 05-117-23 24 0102 00030 ADDRESS UNASSIGNEO SAC GARDINER STEVE GARDINER 3770 RAYSIOE RO LONB LAKE MN 55350 c A so 05-117-23 24 0103 00030 ADDRESS UNASSIGNEO SAC OAROINER STEVE OAROINER 3770 OAYSXDE RO LONB LAKE Ml 55350 SO 05-117-23 24 0111 03775 RAYSIOC RO G R A CE ROMLETTE GCRALL L ROMLETTE 3775 RAYSIOE RO LONG LAKE Ml 55359 TOTAL BATCH 002 00032 I' . i ■ a O ro G 0on«lft» PE ffco^ W PE • Jo^epri C Anaeriik PE Va^»r I S<yvi«J PE P<hjrd E Tu^rff PE P Ccxj^ PE Thomjs E No>«i PE Pooea G Sc^uoicnt PE Susan M EtJ^*<o C PA •S^<x Ccrt\uPant Ho»^a>o A SanM P£ Mtn A Gordon PE Hoocn 9 PVff\p«y PE P<nafO X Po«r PE David O Lcvkotj PE PoceR C P^sse* A r A Jr»7 A Sou^ooo PE Mark A Hanson PE M<njf» T Pautmann PE T5M IC P«« PE Tnomas P ArvJf'vcn A i A Donna C BurgnOL PE Thomas E Angui PE Gary f Pyunoer PE fsmaei SAirmez PE M<ha^ P tUu PE Alines M Pj^q a ' C P Thomas X Pr^non MiChaei C Lync** PE James p Maand P£ Jerry O Pirirxn P£ Kennetry P Anoedor’ PE Mark P ftoPs. PE Mark A Srp PE Gary W Monen PE Darvef j Edgrrron PE Phi’o J CasApr PE Mam D Aa s Pr v es a jp'-sa'' p£ - P- o G ave . PE •CaT^ L a e-f' p£ p Pcs:r ®E kerh P ''acc p£ Sha^n D G^s:a*scn » Cec- oO've' ®E Chares A E'c«scn LfO M PaAP S«y Hartan M O sen James P Enge-hana l|l Bonestroo Rosene v=5 AnderllkA Associates Engineers & Architects September 17, 1992 Mr. Mike GaffTon City of Orono P.O. Box 66 Ctystai Bay, MN 55323 Re: #1764 Austin Evans Subdivision File No. 139-1764 Dear Mike: We have reviewed the proposed subdivision of Lot 1, Block 1, Bayside Land '<g addition on the Austin Evans property, located along the north side of Bayside Road (Co. Rd. No. 84). Subsequent to our site inspection, there are several engineering issues that should be noted. The buildable property is located on the fringe of a large Type 2 wetland, or "Inland Fresh Meadow”. This type of wetland usually has some standing water in the spring, but rarely in the summer except following heavy rains. The wetland is regulated by the U.S. Army Corps of Engineers (COE) and falls under the Wetland Conservation Act of 1991. This area is also located within the floodplain of Lake Minnetonka (HWL 931.5). Minnehaha Creek Watershed, COE, and Wetland Conservation A ct permits will be required if any fill is to be placed within the floodplain and wetland. The driveway locations should be determined at this time. The Hennepin County Public Works Department should review these locations as an access permit will eventually be required. The locations will be subject to poor vehicle sight distance due to the vertical and horizontal curvature of Bayside Road. Sanitary sewer is proposed to be constructed within the next month to serve this property and one adjacent lot to the north and west. The sewer manhole and a stub outside of foyside Road are alreatfy constructed. The stub is located at the existing gravel driveway that runs through Lot 1. A twenty foot wide utility easement and a fifty foot wide construction easement should be provided along the center of the existing driveway, extending to the north property line. Lot 1 will be serviced off this lateral line. Lot 2 can be serviced off of the trunk line located along the north side of Bayside Road. The existing 24 inch culvert should be shown on the site plan and the 930 contour should be continued. Please contact me at this office if you have any questions. Yours very truly. ROSENE. ANDERUK & ASSOOATES. INCBONESTOOO. ROSENE. ANDE XjXiwvi I>. /juitJicrn Shawn D. Gustafson. P.E. SDG:lk 23JS VMHt Higiwuly M • St. Paul, Mlnnaaota SSI 13 • 6I2-636-4600 . i. S 10.55 Subd. 13. City Determination. Based upon the technical evaluation of the designated engineer or expert, and based upon the factors listed above, the City shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site. Subd. 14. Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Section, the City may attach such conditions to the granting of a conditional use permit as it deems necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited to, the following: facilities. A. operation. B. Modification of waste disposal and water supply Limitations on period of use, occupancy and 4- C. Imposition of operational controls, sureties, and deed restrictions. - u iD. Requirements for construction of channel modifications, dikes, levees, and other protective measures. E. Flood proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Subd. 15. Land Development and Platting. No part of any lot within the Flood Plain and Wetlands Conservation Area shall be platted for residential occupancy or for other uses which ^ii^ wV/hVn Shall contain a building site above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Section and have road access no lower than two feet below the regulatory flood protection elevation. Whenever a portion of the Flood Plain Wetlands Conservation Area is located within or adjoins a land area, that is being subdivided, the subdivider shall dedicate to the City an adequate perpetual easement over the land within the protected area and along each side of such area for the purpose of improving or protecting the area for drainage or other purposes «*P*[f**®*^. ^2 this Section and other recreational uses, as determined by tne Council. Public or private streets, driveways, drainage openings and culverts shall not be constructed unless the design thereof has been approv- -T by the City, and such structures shall be designed so as not to resitrict the flow of water. Subdivision applicants shall provide all certified engineering data, surjteysi si-te. plans, flowage calculations and other information as^he City may require In order to determine the effects of^s'uch development on>^the affected land and water areas. ORONO CC 370 (4-1-84) A s 10.55 A Minimum Lot Area Requirements. The minimum lotimmwmmMrn 1, For properties not served by municipal sanitary sewer, the minimum lot area may be divided by Flood Fringe lands provided at least 2.0 acres of land not within the piotected area is included in one contiguous parcel and legal access is available to that building site without encroachment on the protected area. 2. For properties served by municipal sanitary sewer, the minimum lot area may be divided by Flood pinge lands provided at least one half acre of land not within the protected area is included in one contiguous parcel and both municipal sewer and legal access is available to that building site without encroachment on the protected area. 3. For residential properties served by requirements of the land development and zoning owner or developer of such property will be credited with an amount of his land within the Flood Fringe equal to, but the amount of his adjacent land which otherwise development under this Chapter. Such credit shall *^®^f upon dedication of perpetual open space -^nd flowage easen.wnts to the City over all protected areas so utilizea for density credit. ^ be subject to special assessments to defray ^^®.®J Subd. 17. Nuisance. Any oV construction or artificial obstruction of ^^®. Wetlands Conservation Area is declared to be and to public nuisance unless a permit to construct and maintain the obstruction has been obtained in the manner provided herein. A. Removal of Artificial Obstruction. If an artificial obstruction is found after investigation by the order shall be issued to the owner, following ten days ^“^^® notice and hearing thereon, for removal within a reasonable time ORONO CC 371 (4-1-34) - «* ti TsV? ' S 10.55 12. "Regional Flood" - A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average-frequency in the magnitude of the 100-year p^currence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 13. "Structure" - Anything, or part thereof, 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, land, or water. 14. "Wetlands or Marshland" - Lowlands covered with shallow and sometimes temporary or intermittent waters and also identifiable by wetlands vegetation and soil types. 15. "Wetlands Vegetation Types" - Including, but not limited to, bulrushes, cattails, arrowhead, sedges, mar: h grasses as identified by the Hennepin Soil and Water Conservatior. District and/or Circular 39 of the United States Department of the Interior, Fish and Wildlife Service. 16. "Wetlands Soil Types" - Including, but not limited to, Marsh (Ma), Peat and Peaty Muck (Pa, Pm) Lake Beaches (Lc, Ld), Hamel (Ha), and Glencoe (Gc) as identified and classified by the Hennepin Soil and Water Conservation District and/or Circular 39 of the United States Department of the Interior, Fish and Wildlife Service. Subd. 4. Definition and Establishment of Protected Areas. The "Flood Plain and Wetlands Conservation Area , hereinafter referred to as the protected area, is defined and established to be the low areas and flood plain adjoining and including any watercourse or drainage way or body of water subject to periodic flooding or overflow. These areas are divided int- the following three protected area districts: A. Floodway District (FW) - The Floodway District flowage areas. B. Flood Fringe District (FFD) - The Flood Fringe ^District shall include those ^^eas designated as fl<^dway f^ "food ‘on* a*ll* Ot'’*er''*lll!es!'*ponds tnl st" .anis, all designated sheet ORONO CC 363 (4-1-84) S 10.55 flow areas, all intermittent streams, and ponding areas and all lands containing soil types classified as wetlands soils (defined herein), whether or not there is water standing on those soils at any given time. C, General Flood Plain District (GFP) - The General Flood Plain District shall include those areas studied by approximate methods and designated as unnumbered A 2or.es by the Flood insurance Rate Map. GFP areas may include both Flood Way and Flood Fringe areas. Development of lands containing designated GPP areas shall be contingent upon submittal by the developer of topographic data (at contour intervals of no greater than two feet) and/or other engineering analysis sufficient for the City to (determine the actual exte. c of the Flood Way and/or the Flood Fringe. Upon such determination, the restrictions of che FW and FFIX Districts shall apply. Subd. 5. Official Flood Protection Maps. The houndaries of the Flood Plain and Wetlands Conservation Areas .»n?.il be and are hereby designated as shown on one or more of the following official maps: A. Those areas designated and shown as stream, lake, marsh, v/ooded marsh, submerged marsh, inundation area, intermittent lake or intermittent streams by the United States Department of the Interior, through the Geological Survey and supporting data designated as Mound Quadrangle, Minnesota [NW/4 Lake Minnetonka (1958)1 and Excelsior Quadrangle, Minnesota [NW/4 Lake Minnetonka (1958)]. B. Those areas designated and shown as wetlands soil types on the Wetlands Inventory and Classification aerial plat map overlays prepared by the Hennepin Soil and Water Conservation District (June, 1975). C. Those areas designatevi and shown as General Flood Plain, Floodway or Flood Fringe by thjr Federal Insurance Administration on the Flood Boundary and Floodway Maps, Orono, Minnesota, and Flood Insurance Rate Maps, Orono, Minnesota, dated October 17, 1978. Specifically included herein is the explanatory material and tabular information contained in the ? Administration Flood Insurance Study for Orono, Minnesota, dated April, 1978. D. The above maps and studies are hereby adopted by reference as the official maps for the establishment of Plain and Wetlands Conservation Areas and are hereby made a par^ all normal office hours. ORONO CC 364 (4-1-84) I I * • I O<oK LIMIT OF DETAILED STUDY ______WATERTOWN 970 ZONE A31 ZONE AlOc ZONE A1 V 954 Jnnamed Tributary To Stubbs Day LIMIT OF DETAILED STUDY < K Vt > t -4 ----------- ^RM5 ONE A1 ZONf A1 IN THIS knEA TOO NARROW TO SHOW TO ScijLE AND DOES NOT EXCEED BOONOiJjRIES DELINEATE O. Ckvi^ //!£>/ A^ SO ' ^;wfc»ots» ^^rsr / h'l^’^^-ri''/ P-iiVAyc *^T ssV^'S^ *' TTf*"’'/ I'SZl^f A/‘i /^OriA’-'T — ge' /pfit^eC> Fwc AK»fc» 6t'»=^»<^ S*tiu£>/Aj^ f*ent^tT/S 1 BNIsv 0<1■,11'l?':'.2#^ »I . .1 _f ‘T- ’•l I ^ I • ’• •. Vli <f*: ;. i \ r .j4rfn)» EILEEN St i.1; •! i-25l^j.4'; 1 :.i • ;l jj- ’ 'ArV'f ’Vi' no .1 •U i2«£!5 !• \ {MSI •» r M / % crs)* \ »i h-TT n^TTOTHiii 1 i. .t.. j ■ •• /1 \ • \ • •V \* ! — i Mil (10^ -# 1.0 AC :H #J«3 : 23 /ILi^ Co*H*^*^ VAc. t^TT '• 5" C«> /.2 AS. • all • no OJL^^ Mill XSlt kiNI t «^in 5 ^ ^ *^ • 1 on AC f ft L V M r * * *1^p2.l »"■ 7 1 — A ||A =----------------------—^--------------------------- ^ VAC. Te^. u»ry : ,antici*»ath^ # se>46i«. i '-in - .* 2,5 /trd. T/76J ^ize(x)€0glo^, jrn. t. ^ OAl AC O.'Z. A*- "— 2 *C Ac ____0'S c e*''*SWE®S . • «a»*. •■<•V/ _ -f;. ■ >. *■ SANITARY SEW^R TRUNK ASSESSMENTSTOTAL TRUNK COST (See Pg. A-21) NUMBER OF UNITS TRUNK COST PER UNIT SANITARY SEWER TOTAL ASSESSMEN P Eait 1 Sanilaiy sewer Service Area Lateral Cost No.of Units Stubbs Bay N.E. Stubbs Bay N.W. Bayside East VVjir $579,340 14 Bederwood $152,900 lit Bayside North 43,600 Oxford 159,390 cygnet & Leaf 396,9(K) 13937.COT $ 774,200 137 5,650 Lateral Cost Per Unit $6,980 6,980 6,980 L3,;iii 10.! 17,710 13,230 Trunk Cost Unit $5,650 5,650 5,650 5,650 5,650 5,650 5,650 y A-f'~^lL,SSTO> J B/tM’ aj I (O - IZ,C3Q Total Cost Assessment Per Unit Pcf UniL $12,630 $8,840 8,840 12,630 8,840 19,550 12,990 11,585 23,3(14.990 18,8 12,995 \ - _ -’Ah CITY OF OROMO P.O. Box 66 APPLICATION NO. 1767 NOTICB OF COOMCIL ACTION Crystal Bay* MN 55323 473-7357 TOt Mr. 6 Mrs. George Bloom 1374 Rest Point Road Mound, MN 55364 TTPB OF APPLICATIONS Variance DATE OF NBBTIH6S November 9, 1992 Date of NoticQ^ 11/16/92 - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - COPIES: ^ ^ % VOTE: 5 For CIL ACTION - NOTIONS Council voted to table your application until you are able to appear before the Council so that they may address any questions they may have of applicant. The next regularly scheduled meeting of the Council is November 23, 1992. If you are unable to attend, you may select another person to appear in your place. This person should have the authority to act In your absence and to respond to any questions Council may have concerning your application. If you wish to be rescheduled to the Council meeting of December 14, 1992, please advise the City staff no later than Friday, November 20, 1992. Isv I i-.l .00^—^- - - - ' ' ' ■ ••'MW » APPLiaiTIOII HO. 1773 CITY OP ORONO P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bayr MN 55323 473-7357 Date of Notice: A^/16/92 TOt Robert Koehnen COPIES: ^ ^ 537 Hanlon Avenue <5^ Wayxata, MN 55391 TYPE OP APPLICATION: Variances 0 ^ - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -— DATE OP MEETING: November 9, 1992 VOTE: 5 For 0 AgSlMt - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -^- - - - - - - - - - - - - OOUHCIL ACTION - NOTION: Council voted to table your application until you are able to appear before the Council so that they may address any questions they may have of applicant. The next regularly scheduled meeting of the Council is November 23# 1992. If you are unable to attend# you may select another person to appear in your place. This person should ha^ve the authority to act in your absence and to respond to any questions Council may have concerning your application. If you wish to be reschedulc>d to the Council meeting of December 14# 1992# please advise the City staff no ^ater than Friday# November 20# 1992. Isv Tot Frost Datot Subjocti Chairman Kelley and Planning Commission Membew^ Mayor Peterson and City Council Ron Moorse, City Administrator ^ Jeanne A. Mabusth^ Building 6 Zoning Admin^p^at^r^ 4 November 19, 1992 #1493/1570 Chuck Downey, 2665 Casco Point Road - Clarification of Council Directives - Resolution 2934 In March of 1991 Council approved Resolution No. 2934 which granted approval of land alterations within the 0~75* setback area consisting of two tiers of retaining wall. The variance portion of the application consisted of an after*-the-fact average lakeshore setback variance for a lakeside deck constructed sometime in 1982 without the benefit of a buildim. permit. A hardcover variance was also needed for a 6* x 19' addition to be installed at the street side of the existing residence. The applicant has obtained the permit for the lakeside deck but dc^ j not plan to proceed with the structural addition or the land alteration improvements. Please refer to Exhibit A. Applicant advises that the house is being sold and if hardcover removals called for in Resolution No. 2934 are required, Downey will loose the potential sale. Mr. Downey was advised by staff that Resolution No. 2934 did not specify that hardcover removals were just conditioned on new construction. Although the lakslde deck may have not resulted in additional hardcover, the improvement did involve structural intensification where hardcover excesses exist. In 1982, at the time the deck was installed, the intensification of structure was not an issue. Mr. Downey has asked that Council provide clarification on this matter. Review of Appllcatioe •14§3 and 1570 In 1982 applicant received approval of a setback variance for a proposed detached garage. Hardcover at that time was approved at 45% with the 75-250* setback area. In the current review, hardcover in the 75-250* setback area was found to be at 59.94%. Much of the additional hardcover resulted from the following (refer to Exhibit D)i 1. 561.8 s.f. or 6.7% of landscape area underlain with plastic. In 1982 the City did not include these areas as hardcover. 2. 480 s.f. or 5.7% of expanded gravel/paved parking area adjacent to entrance drive to garage. In the 1982 review applicant was advised to provide a back out apron. The City Engineer advised in the recent review that because of the proximity of Casco Point Road, the expanded area cannot function as a back out but does provide off-street parking. Zoning Files #1493/1570 November 19, 1992 Page 2 3.Other additions in hardcover resulted from the installation of paved walkways# stone retaining wall not included in original hardcover# etc. Options of Action To approve applicant's request and require no additional removals of hardcover# As lakeside deck is located within the 75-250* setback area and involves a structural intensification where severe excesses exist# require that hardcover b*j reduced 12.3% resulting in a total of 3#967.8 s.f. or 47,6% per Resolution No. 2934# Exhibit B# Refer applicant's request to Planning Commission for further consideration. This will have an impact on applicant's potential sale as the next Planning Commission meeting is scheduled for January of 1993. Isv 4 1 s .J f.- 1 — w Hov f isee November 6, 1992 To: OLono City Council In regard to the Resolution of the City Council #2934, I*m asking that the Council review the matter of the After-The-Fact Variance for the deck. I've decided not to proceed with the planned addition and lakeside retaining walls for which there was Hardcover Removal Requirements. Tn fact, we've sold the property with a December IB'uh closing date. It was my understanding that the Hardcover Removal pertained only to the prolposed addition and not to the existinq deck. I understand that 1 would be required to pay a double permit fee for an After- The-Fact Variance on the deck. I would ask Council to please clarify this matter. If the Hardcover Removal Requirements have to be met for the deck only, the buyer will not proceed with the purchase of my home. Sincerely uck Downey 2665 Casco Point Road Wayzata, Minnesota 55391 1--:% 5802599 o o vv ^, •'iV .-'nP"- ^4^Jk\u i!CITY«rf ORONO 9 // RESOLUTION OF THE CITY COUNCIL NO. 2934 _________ A RB80L0TI0II GRARTniG VARIAIICBS TO NimiciPAL soaniG cods SBCTIOSS 10.22, SUBDIVISION 1, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USB PBRNIT PER SECTION 10.03, SUBDIVISION 19 PIIBS «1493 AND 91570 WNBREAS, Chuck Downey (hereinafter "the applicant") is the owner of the property located at 2665 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 136, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and WHBRBAS, the applicant has applied to the City of Orono for an after-the-fact variance to Municipal Zoning Code Section 10.22 Subd. 1, to permit a deck constructed in front of the average lakeshore setback line where no encroachment is allowed and per Section 10.22 Subd. 2 seeks approval of hardcover variances within the 0-75* setback area for the installation of retaining walls at approximately 58* in length and the installation of access stairs resulting in a net reduction of hardcover of 66.3 s.f. or 1.47% (final hardcover 0-75' - 652.9 s.f. or 14.5%) and seeks approval of a hardcover variance within the 75-250' setback area for a 6' x 19' entry addition resulting in 114 s.f. of structural hardcover resulting in a net reduction of 1,022.3 s.f. or 12.3% (final hardcover 75-250' - 3,967.8 s.f. or 47.6%) and grants a variance per Section 10.55 Subd. 8 and a conditional use permit per Section 10.03 Subd. 19 that would allow land alterations involving retaining walls within the lakeshore protected area where no such alterations or structures are allowed. Minnesota: NON, THBRBFORB, BB IT RBSOLVBD by the City Council of Orono, Page 1 of 6 • f o o %> I'Vi'Vi '^Tlv i N- CITY of ORONO RESOLUTION 3F THE CITY COUNCIL NO. 2934 Fim>iiK» 1. These applications were reviewed as Zoning Files #1493 and #1570. 2. The property is located in the LR-IC Single Family La. shore Residential Zoning District requiring 21,78C s.£. or 1/2 acre in The property consists of 12,850 s.f. or .29 acres. 3. The Oronc Planning Commission reviewed these applications on February 20, 1990, March 19, 1990, August 20, 1990 and January 22, 1991 and recommended approval of the proposed variances and conditional use permit based ufior* V.»o following findings! Hardcover variances Excessive hardcover resulted from landscaped areasa. underlain with plastic that was not considered hardcover at the time a 1982 survey was completed. b. Applicant was advised in an review to maintain gravel drive maneuvering from garage. earlier 1982 variance to assist in backout c. Hardcover will be reduced 66.3 s.f. or 1.47% in the 0*- 75* setback area and 1,022.3 s.f. or 12.3% in the 75-250* setback area. After-the-fact average lakeshore setback variance a. Current neighbors on adjacent properties had subaiitted letters noting no problem with location of second story existing lakeshore deck. b. Second story deck provides no visual impact or interference with lakeshore views for residences on either side because of sloping lakeshore topographies. Page 2 of 6 t ^^04 ./ o o GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 2934 Conditional Use Parmit/Varianca for land altarationa a. Proposal^ land altarationa and installation of rataining walla wilx stabiliza tha staap lakashora banks and pravant furthar arosion. b. Tha stability of an existing boathouse will be secured and ninimiza arosion of adjacent lakeside bank. 4. Tha City Council finds that tha conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting tha variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not Bierely 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 appli* cant; 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 retaining walls within the lakeshore yard will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommenuAtions of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. Page 3 of 6 •/ CITYoT ORONO RESOLUTION OF THE CIVY COUNCIL NO. 2934_________ OOHCLOSIOHSr OSDBR AMD COHDITIOHS Bated upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.22 Subd. 1 for a lakeside deck and per Section 10.22 Subd. 2 approves hardcover variances within the 0- 75* setback area and the 75-250* setback area that would permit an entry addition, retaining walls and ^***^*^^*^^®*' within the lakeshore protected area and per Section 10.03 Subd. 19 and Section 10.55 Subd. 8 grants a conditional use permit and variant for the installation of retaining walls within the lakeshore protected •rea. Such approvals are subject to the following conditions! 1. All hardcover removals within the 0-75* and 75-250* setback areas are to be completed prior to footing inspections for new construction by the Orono Building Department. Existing {hardcover areas scheduled for removal are shown on curvey/site plan and attached as Page 6A of this resolution. 2. Applicant to file for an after-the-fact/penalty building cernit for second story lakeside deck constructed sometime in 1982. The City will require penalty fee payment upon issuance of building permit. 3. A typical section of retaining wall shall be strengthened by including a lower row of deadman offset from the top row at 8 on center. 4. Applicant shall be required to provide erosion control fenM between the work areas and the lake. Such erosion control to be established prior to any land alteration. 5. Applicant is placed on notice that the upper wall section may channelise water and create further erosion problems. Applicant is responsible for the repair and maintenance of this retaining wall and any land areas disturbed by further erosion in order to protect quality of run-off into Lake Minnetonka. Page 4 of 6 J o o i;i :f/^r " i "'*<21^“ >« fr ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 2934 6. Authorities granted by this resolution run with the property not with the applicant# but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval# or the special conditions of this resolution will expire on that date (March 11# 1992). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Boning code# shall automatically terminate any authority granted herein# and shall be punishable as a misdemearor. 8. The undersigned applicant has read# understood and hereby agrees to the terms of this resolution and on behalf of himself# his heirs# successors and assigns# hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 11th day of March# 1991. Clerk Property Barbara A. Peterson# Mayor STATE OF HimiBSOTA ) ) 88. COUNTY OP HENNEPIN ) The foregoing instriiment was acknowledged before me on this 11th day of March# 1991# by Barbara A. Peterson 4 Dorothy M. Hallin# Mayor & City Clerk of the City of Orono# a Minnesota municipal corporation and said instrument was executed on behalf of the City. vage 5 of 6 CITY of MtONO RESOLUTION OF THE CITY COUNCIL NO. 2934_________ STATE OP MINNESOTA ) COUNTY OP HENNEPIN ) ___________ ) as. On this be-*or« ms sppearsd day of ie withl]mA A?ri7d Tor sax 199/ ^unty t psrsona 1 ly l^novn to me to be - • . .—. -i* «nd wno executed the foregoing Sid .iknowlodged th.t he (they) executed the ..me es his (their) free act and deed. NOTARY .TmnA.L NAAS ^INNIfhN COUNTY my COMl^IgSfWrWPTRSS STATE OP MINNESOTA ) )SS. COUNTY OP HENNEPIN ) A f 199_f before me r^ftiSy Fuhlic w-ith Tn Snd for ..id *br*t ”S• ________ Known SSd “iknom’ISdV?? tS.“^ruSryT«.iu*.d°”hS'7.«TSS^^^^^ (their) free act and deed. NOTARY PDBi.1^ MY COMMISSION EXPIR^^ Page 6 of 6 i •V •0 r. 3 h/ * < • • Pl--..' I ^llbCow«IL'to(M V<.mev«Q .t^ 0 i iwl Dticripttor lot IJf. Spring Par,. 5 This survey shows the location of ail existing buildings and visible "hardcover" in relation to the boundaries of the above described property.' It does not purport to show any other inproveiaents or encroachnents.MO Scale: I • 10* e 0 iron narker found Irpn narker set I hereby certify that this survey was prepared by oe or under oy direct supervision and that I am a duly regist ered land surveyor under the laws of the State of HInne sota. Cft 5*9 leer logs shown are to an assoaed datwo. COFFIN • 6P0NBER6. INC. -tea-- **•'nark s. bronoerQerg Nn. vfc. Bb'. I77S5 Engineers. Land Surveyors, Planners Long Lake, Hlnnesota . . ----- . ro«ou> '^4 RESOLUTION #2934 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO I Dorothy M. Hallln, City Clerk of the City of Orono, Hennepin County. Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held QD_ _ _March 11 1991 , and that the same is a true and correct copy of said resol.ution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my ^ •'d and seal this 15th , day of _ _ _March # 19 91 •V > ✓bWj/thy M^lallin,'City Clerk # ' • ' dCAD V V • X * '■’v iK. ' ' ■ V • t •w •• • * t r % ■ r: % CITY OF ORONO LAND USE FILING INFORMATION Prepared By: Mary Haro, Secretary to Nancy E. Husnik, Legal Assistant Popham, Haik, Schnobrich & Kaufman, Ltd. August 13, 1991 The following is a recap of the resolutions submitted to this office which have been filed with the Hennepin County Recorder’s Office. The resolutions are enclosed. RESOLUTION mmigp APPLICANT'S NAME DATE FILED DOCUMENT NUMBER 2898 (end.)Everson, Garry and Marie 05-03-91 5774534(A) 2973 (end.)Swanson, Keith and Nola 07-17-91 5802593(A) 2972 (end.)Ferril, Eleanor 07-17-91 5802594(A) 2950 (end.)Olson, Donald 07-17-91 5802595(A) 2949 (end.)Hardin, F. John 07-17-91 5802596(A) 2954 (end.)Maus, James and Joan 07-17-91 5802597(A) 2934 (end.)Downey, Chuck 07-17-91 5802599(A) 2957 (end.)Richardson, Keenan 07-17-91 5802600(A) 2961 (end.)Craigbank Associates 07-18-91 5802775(A) 2951 (end.)Finney, Sara and Mark 07-17-91 2188319(T) 2953 (end.)Smith’s Bay Marina, Inc.07-17-91 2188320(T) Resolutions 2951 and 2953 are copies of the original Resolutions that were submitted for filing in the Registrar’s office. Since these resolutions were torrens, the originals are kept at the Registrar s office, but we submitted a copy with the filing to get the filing information stamped on it for your file. The following resolution has been submitted for filing but as of this writing, we do not have the filing information: 1. Resolution 2971 (Gary Mroz and Kenneth Hopkins) Also enclosed are the following Resolutions which were submitted for filing but because they are torrens, they are not accepted for filing: 1. . Resolution No. 2966 (Marsh at Lafayette) - will not accept a resolution approving a plat. O. O0Ci/,^( Y HARDCOVER CALCULATlOfl h'OR,‘(SHEET ScTiACx zohe ; (circle ome ) 0-75' (^-250D 250-500' 5C0-1000' E xistihg Hardcover ih Zome C-t-tA . € A. House 2€J = S.F. LENGTH WIDTH 01570 • X —S.F. • X • S.F. 3,Garage __z<.x X 2V.2.^3V.O S.F. C.D riveway . • X •S.F. • X s • • S.F. • 0..: • Sidewalk ’/?X J,5 ^3 S.F. /Cff X X 7. S 2. f . ITS. 5* /o^. y S.F. 0CCif W4U, V X € /S.F. E.Jatio /D eck y<?V X / a S/5 S.F. F.Landscape • • X /. f a 3ZS 9<. 9 S.F. AREAS UNDERLAIN 9Y X ZC 5 20 0 S.F. PLASTIC SHEETING X • • S.F. V o» r V3 X s S.F. cy//yHA- (r a. D thfr ?. 9 7 V' V X /. 7 / c 3 € 36 S.F.• W V ^Currc^• Total H ardcover IN Zone ^990./S.F. Total Property Area in Zone yjz s- f3 2S _ S • F •B / 4 X 100 S9.fV % <2^ \ .. • • m ^«• 95 $•s I'i n OLIO Ol Ot/l •—VD ID CL 3 3 5 1 to Qt in O O to n U 3 3 II 1 TD C O 00 3 3 <3 3 K»K)•—•ID • 3 Ol Ol o 3 rf n 3 -Ul iO ¥-*• Ol 7C 7T 1 o n ID ID •-*“XJ 3 ID 3 3 o Ol 1 -! rf Ul VO 7T O ID O o rf c Ol 3 3 3 d ID ' ^/naetonka P Y IS! i\i o "Tl •n o 70 O z CD m 70 CD cyi CD O -n rt n> Di CX • Oi 3 Cl Ul c n < o> o -1 c 3 Cl 3*n> n> n 3 n> 3 cr Q. n •— rD n 3 rt? rt n rt “h I/I C rt X3 3T C ID 0» 3 3 rt 75 ^iX cx <to 3 3 o ►-ID ^ *O = i— 1 n 3 lo 3-0-0 oI/I •9^, 9m0,3 ID O«rf Q in 3 3 Ol 2 3 3 ID rf rt•o o ID c/»3 S; -1• •Ol C o • ID OOl•—3 3 3 — 33Ol CX <O •—I Ol3 IS!St ID n»rf rf OIDi/1 • 1 ^t > ^ U 3 3 CL alo u o Ol at D o 3 m -D Ol ID ID — to 3 to rt ►— ri ft O 3* TO to 3 ID ID Ol 3 $O rf X 3 ID €-f 3 •-• to XD ID to rt Ol Ol XD rf Ol 3 C 3 rt Q. ID 3 0 3 ID C CX o c to O 3o v< cr 3 Ol 3 -D <<rf Ol C 3 3 ►-*. 1 3: ID 3 rf •— I— •—IQ ID O ID Cl 3 ►—in •— 3 tA O to r3 ID rt 3 3 O 40 1 1 O -h to 'P ■ z ’^'nf I’:’-: rf Tos Mayor Peterson and Orono City Council Ron Moorse# City Administrator Froax Dates Michael P. Gaffron, Asst Planning & Zoning November 20, 1992 Subjects Denial Resolution - Gayle's Marina 1992 Commerical Marina License Attached is a resolution denying the application of Gayle's Marina for 1992 Commercial Marina License. At the August 24 meeting^ Council voted 4 to 0 with 1 absention to conceptually deny 1992 licenses for North Shore Drive Marina# Lakeside Marina# and Gayle's Marina. At your November 9 meeting# Council directed staff to delay drafting denial resolutions for North Shore Drive and Lakeside Marinas# but directed staff to draft such a resolution for Gayle's Marina. As of this writing# staff has not heard back from the City Attorney regarding any necessary revisions to the resolution as drafted. Adoption of this resolution should be subject to review and comment by the City Attorney. Isv A RB8OL0TI0II DBHYIIKS THB APPLICATION OF GATLB*S NARIIIA FOR A 1992 COMMERCIAL MARINA LICENSE NBBRBAS* the City of Orono (hereinafter City) is a municipal corporation organized and existing under the laws of the State of MinnesotaI and WBBREASf Gayle's Marina Corporation (hereinafter the applicant) is owner of the property located at 3366 North Shore Drive within the City of Orono and legally described as follows: Exhibit "A* attached (hereinafter the property); and NBERBAS, the applicant has operated a connercial marina and engaged in the business of docking* mooring or storing boats at this location for approximately thirty-five years; and NBERBAS* Municipal Code Section 5.42* Subdivision 2 requires that any person engaged in or participating in the business of docking* mooring cr storing boats shall first obtain a license therefor from the City; and NBBRBA8* the C:*ty began licensing and regulating commercial docks in 1962 pursuant to Ordinance #43 adopted April 23* 1962; and WHEREII8* Municipal Code Section 5.42* Subdivision 4 provides business use standards with which all commercial boat dock businesses within the City must cofaply before a license will be issued; and NBBREA8* Gayle's Marina Corporation was last issued a license by the City on July 13* 1961 per Resolution #1292* which resolution licensed the applicant for 134 slips; and NBBRBA8* on July 13* 1981 the City Council also adopted Resolution 11293* which refused applicant the right to use any slips in excess of the 134 slips licensed vis Resolution #1292; and miBREA8f Gayle's Marina Corporation made application for a commercial marina license for license years 1982* 1983* 1984* 1985* 1988* 1990* 1991 and 1992. The City did not require license applications for any marinas during the years 1986* 1987 and 1989; and Page 1 of 3 NBBRBASf for each of the years since 1981 in which Gayle's Marina Corporation has made a license application the City has refused to issue a license to Gayle's Marina Corporation for one or more of the following reasons: 1.Perimeter landscape plantings have been removed or have not been maintained# violating the 1975 Operations Plan and the requirements of Section 10.41# Subdivisions 7 and 14. 2.The applicant continues to maintain 143 slips in violation of past City requirements '*1 lowing no more than 134 slips (Section 10.41# Subdivision 8 (B,. and Resolutions #1060# 1161 and 1293). 3.The applicant has failed to provide a 10' wide green grass buffer strip along the shoreline# or alternatively a runoff filtration system or berm incorporated into the shoreline rip rap system as required by the City in 1982 under the authority of Section 10.41# Subdivison 11. BCm# TBBBBPOBB, BB IT RB80LVBD by the City Council of the City of Orono# Minnesota that the 1992 license application cf Gayle's Marina Corporation which was received by the City of Orono on June 1# 1992 is hereby denied for the same reasons that the City has refused to issue a license for prior years as noted above. FOBTBBB# BB IT BB80LVBD that although the City has allowed the applicant to continue doing business without a li se for all past years in which a license was refused or denied# any operation of said business by the applicant after December 31# 1992 without having first obtained a license from the City shall be considered a violation of Section 5.42. •! ? Adopted by the City Council of the City of Orono# Minnesota a vote of_ _ _in favor# _ _ _ _ opposed# _ _ _ abstaining# this 23rd day of November# 1992. ATTEST: Dorothy M. Hallin# City Clerk Barbara A. Peterson# Mayor Page 2 of 3 r: V! r STATE OF MINNESOTA) ) 18. COUNTY OP HENNEPIN) The foregoing instrument was acicnowledged before me on this 23rd day of Novemberr 1992» by Barbara A. Peterson A Dorothy M. Ballinf Mayor A City Cleric of the City of Orono» a Minnesota Municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 J Toi Mayor Peterson and Orono City Council Ron Moorser City Administrator Pr<»t Michael P. Gaffron, Asst Planning 6 Zoning Adinmstrator*95%. Dates November 16, 1991 Subjects Pheasant Lawn Homeowners Association License - Jdli List of Bxhlbite - gsS*U<TfOAj Exhibit A - Application Exhibit B - Plat Map Exhibit C - List of Dock Users Exhibit D - Area Survey Exhibit E - Dock Survey % % Exhibit F Es^ibit G Exhibit H Exhibit I Exhibit J Exhibit K Articles of Incorporation Bylaws Letter From Adjacent Property Owner Letter From DNR Staff Letter to LMCD LMCD License Review Documents The Pheasant Lawn Homeowners Association, incorporated in 1979, is the owner of property including a jointly used dock near the cul~de>sac of Pheasant Road. This permanent wooden multiple dock with five slips has apparently been in use by non-riparian property o«mers within the Pheasant Lawn subdivision since 1952. (A sixth dock/s lip not attached to the multiple dock system serves the Mahoney residence on the east side of Pheasant Road). The City has no record of any past licensing of this faci ity (City joint use dock licenses were first required in 1963) and has received no complaints. The issue of licensing in 1992 was a result of a sale of one of the off-lake properties using the dock. The multiple dock and the Mahoney dock are located within a coBUions area known as Lot 14, Pheasant Lawn. As a result of dredging activity in the early 1950's by the developer of Pheasant Lawn, Mahoney's property technically does not abut the shoreline, although visually Mahoney's dock appears to be at the shoreline adjacent to the residence. Portions of Lot ) and Lots 1 and 2 of Yale Smiley Addition are also in this situation. City lequi Municipal Code Section 5.42 requires a license for joint use of lakeshore property, but provides no standards for such use. Further, the City Council at its discretion may hold a public hearing, which is not mandatory. Zoning Code Section 10.03, Subd. 9 (A) "Time of Construction", states that "Mo accessory building or structure shall bo constructed on any lot prior to the time of construction of the principal building to which it is accessory." Pheasant Lawn Homeowners ociation November 16, 1992 Page 2 Section 10.55» Subd. 9 (B), Item 3, states that all permanent boat docks or other similar structures are a conditional use within the floodway district^ defined as those areas below the 929.4 elevation. Section 10.56, the Shoreland Regulations, in Subd. 16 (B) "Lakeshore Access Lots”, stipulate that lakeshore access lots shall be designated as outlets, and shall not be subject to minimum lot area or width requirements, but that the number oJ[ inland non-riparian lots which may gain access via said ouTlot may not exceed the number obtained by dividing the out lot wiath measured at the shoreline“~bv the reguired zoning district lot width. The creation of new access outlets may only occur when the building lots being served are separated by an existing public or private roadway from the lakeshore. Finally, any such out lot must be jointly owned by all the owners of non-riparian lots who gain riparian access, and covenants must be in place that define what activities are allowed and must limit the number of vehicles to be parked, the number of watercraft to be stored, etc. Doesn't Meet Width Standard for Six Slips As measured by the LMCD, the length of shoreline contiguous with the multiple dock is 280*. LMCD approved this for six slips at a density level of li47'. The City would, according to the Shoreland Regulations, measure the shoreline length as a straight line between the points at which the side lot lines intersect the shoreline. Based on our straight line measurement, the actual lot width would be about 200', which in this LR-IB, 140* width residential sone would allow for only one lot to gain riparian access under current codes, but would not limit the number or slips, leaving that to LMCD. Kecoqnition of Bxisting Won-conformity Notwithstanding the above noted code sections which would generally disallow creation of the Pheasant Lawn multiple dock under today's standards, this dock system has been in place and in continuous use since prior to adoption of t. e code sections which regulate it. One could argue whether it is a "legally established non-conformity* (as addressed in Section 10.56^ Subd. 17, copy attached) from the standpoint that it has never been legally licensed, although such license has been required on an annual basis since 1963. Given the long history of continuous use, the Homeowners Association which has been in place since 1979, and the reliance by specific property owners that they have a legitimate lake access, the City may wish to consider this multiple dock use as a pre-existing non-conformity, the use of which will now be legitimized through an annual joint use dock license. Pheasant Lawn Homeowners Association November 16» 1992 Page 3 Other Issues Additional factors which Council should be aware of include: 1. The survey indicates that the dock walkway actually extends from the cul-de-sac right-of-way of Pheasant Road» encroaching about 9* into the right-of-way. Public Works Director John Gerhardson indicates this has not been a problem for the City# but would like a hold harmless agreement and a stipulation that the City retains the right to require future removal of the dock from the right-of-way in the future if necessary. 2. The Mahoney property# which has a separate dock from the multiple dock system but which dock is on the commons lot# actually has an easement over the commons lot for his private use. Mahoney also has an existing shed on the easement and partly in the right-of-way. We would also like a hold harmless agreement for the shed. 3. The off-lake lots which use the multiple dock apparently do not have "deeded” access rights in their titles. UiCD License Approved The LMCD in October approved a 1992 Multiple Dock and Mooring Area License to the Pheasant Lawn Homeotmers Association for this multiple dock# subject to City of Orono's approval of a joint use dock license. This was also the Association's initial LMCD license. Staff Wero—endstion Given the history of use of this existing multiple dock situation# staff would recommend approval of a joint use dock license to Pheasant Lawn Homeowners Association subject to the following conditions: 1. The City acknowledges the historic and continued use of this five-slip multiple dock since the 19S0*s for the benefit of five designated non-riparian properties on the west side of Pheasant Road. 2. The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots 15 and 18# Pheasant La%m# and Lots 1 and 2# Yale Smiley Addition# because as a result of past dredging of the lagoon area in Lot 14# said lots might not abut the actual shoreline of Lake Minnetonka at any given time. Pheasant Lawn Homeowners Association November 16, 1992 Page 4 3. 4. 5. 6. 7. The City acknowledges the existence of the portion of dock and shed existing on City right-of-way and grants temporary permission for said dock and shed to remain at their existing location within the right-of-way until such future date that the City determines that removal of said structures from the City right-of-way is in the best interests of the City of Orono. The Homeowners Association and Mahoney shall agree to hold the City harmless from any damage to any private or Association improvements within the right-of-way that might be caused by the City. This approval grants a 1993 Joint Use Dock License to the Association for six slips (Including Mahoney's detached slip). Applicants are advised of the need to henceforth apply for a Joint Use Dock License annually. The five multiple dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Pheasant Laim may occur without City approval. Transfer of dock rights to any property outside the subdivision of Pheasant Lawn or to any person who is not a Pheasant Lawn property owner, will not be allowed. The five properties which are each allowed one slip within the five slip multiple dock are described as follows! A.(Forrer) 2655 Pheasant Road (Lots 1, 2 and part of Lot 3, Pheasant Lawn) B.(Hoffman) 2675 Pheasant Road (Lot 6, Pheasant Lawn) C. (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn) D. (David) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn) B. (Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Latm) A resolution is attached for Council consideration. Isv fe- RBSOLOTIOII DIRBCTIM6 STAFF TO I880B A J0I8T 08B DOCK LICBH8B TO FBBA8AMT LAIN B0NB0IMBII8 ASSOCIATION SUBJECT TO C0NDITI0M8 NOTBD BBRBIB FOR THB PBRIOO OF HOVBNBBR 23, 1992 TO DBCBNBBR 31, 1993 NRBRXAS, 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 WHBRBA8, 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 NHBRBA8, 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 NBBRXAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian o%#ners 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 tne common law rights of riparian o%mers, whether or not they be commercial marinas or residential owners; NBBRBAS, as to Lake Minnetonka, a mutual right of enjoyment •xists between and is shared by riparian otmers 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 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 o%#ner. Page 1 of 2 This mutual right of enjoyment which is shared by riparian owners and the SS?tVng ?nd* fl.M^'ng th^ein, ^?he%«\Vn"S!)n^?"haV no%Llus!ve%riv??eges to these rights; and WBSltBASr Lake Minnetonka is capable of substantial beneficial nubile use onlv 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 WBBRBA8# the City has adopted reasonable regulations regarding regulations include the annual licensing of Joint Use Docks pursuant Section 5.42 of the Orono Municipal Code; and nsSKBAS* the purpose of this Resolution is to set forth noted general conditions and concerns and the following social as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached» ■on, THBUPORB, BB IT RB80LVBD, that the City Council of th« City iJcoVar, ivsn Adopted by the City Council of the City of Orono at their meeting on the 23rd day of November# 1992. Barbara A. Peterson# Mayor ATTESTI Dorothy M. Hallin# City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ^ ^ w ^ ♦•hi.The foregoing instrument was acknowledged before me on rnis & thV UicJpal corporation said instrument was executed on behalf of the City. Notary Public Page 2 of 2 i i ^ • r .t- '-i CITY OP ORONO BZHIBIT A RB8OL0TI0II HO. CONDITIONS OP ISSDANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEES Pheasant Lawn Homeowners Association Dock Addresss 2790 Pheasant Road Agents Joseph T. Forrer# Jr. (President) Addresss 2655 Pheasant Roadf Excelsior^ MN 55391 Licensee iss unincorporated homeowner's group incorporated homeotmer's association unincorporated club or recreation group incorporated club or recreation group other _ _ _ _ _ __ License Period - November 23, 1992 to December 31, 1993 II. BOAT DENSITY The number of in*place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B-1 thru B-3, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plant Bay Carman's Transient (Day use only) Slips Permanent Moorage Slips 5 plus 1 detached Boat Lifts Sub-Totalt Slips at Dock 5 plus 1 detached Offshore Buoys Maximum Boats in Hater Maximum Boats per prior license NA MAXIMUM BOAT DENSITY Exhibit A Resolution Mo. Page 2 Exceeding this maximum boat density# or exceeding the number of permitted slips# lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. Ill. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shovm 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. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. L 1. 2. 3. 4. 5. The City acknowledges the historic and continued use of this five-slip multiple dock since the 1950's for the benefit of five designated non-riparian properties on the west side of Pheasant Road. The City recognizes the easement over the Pheasant La%#n Homeowners Association commons lot to provide lake access to Lots 15 and 18# Pheasant Lawn# and Lots 1 and 2# Yale Smiley Addition# because as a result of past dredging of the lagoon area in Lot 14# said lots might not abut the actual shoreline of Lake Minnetonka at any given time. The City acknowledges the existence of the portion of dock and shed existing on City right-of-way and grants temporary permission for said dock and shed to remain at their existing location within the right-of-way until such future date that the City determines that removal of said structures from the City right-of-way is in the best interests of the City of Orono. The Homeown<jrs Association and Mahoney shall agree to hold the City harmless from any damage to any private or Association Improvements within the right-of-way that might be caused by the City. This approval grants a 1993 Joint Use Dock License to the Association for six slips (including Mahoney's detached slip). Applicants are advised of the need to henceforth apply for a Joint Use Dock License annually. Exhibit A Resolution Mo« Page 3 6.The five multiple dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Pheasant Lawn may occur without City approval. Transfer of dock rights to any property outside the subdivision of Pheasant Lawn or to any person who is not a Pheasant Lawn property o«mer, will not be allowed. 7.The five properties which are each allowed one slip within the five slip multiple dock are described as follows! A.(Forrer) 2655 Pheasant Road (Lots 1# 2 and part of Lot 3, Pheasant Lawn) B.(Hoffman) 2675 Pheasant Road (Lot 6, Pheasant Lawn) C. (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn) D. (David) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn) E.(Bakke) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn) V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. a r toT 1 i 6 exH. 6-3 X o JoiMT 1^0C%: lAsciO^ GOV liBli m ^ • f ^ CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MK 55323 473-7357 LICENSE YEAR 19 (association) ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 ffi* t. Date Form Sent by City Staff Date Application Returned to City^ CITY OF_ _ FlU/OiCE OFFICEmjsooccb 01 QEH 62M cm TL 62.0C RECEIPT-TWm YOUuosi^uo cool m fto- IIM Fee Recived $,By Employee therefor from the City. JANUARY 31 OF THE LICENSE YEAR. A.<ggnCTATION INFORMATION 1. Association title or name (if any) 2. r.v. m:n>n)^Trn}kn-- - - - -.Bay Of^trr./C_S - - - - - - - - - -- 3. Person responsible for this applications ‘TT fr. .i/jgPhone---- Address Relationship to association Page 1 of 5 ,1 % U. Association Is (check applicable itexs): 5. 6. 7. 8. unincorporated kor.eovner's group. ^ Incorporated Homeowner's Association, unincorporated club or recreation group Incorporated club or recreation group Principal purpose of Joint use dock is (check applicable Itemc): ^ provide boat mooring and lake access for residential property. provide svianlng access^ beach, or offshore dock* provide a club or association gathering place for activities. Dock is located on (check applnable item); one member's private property easement or outlot owned in eomnon. property leased by the group/association. y property owned by the group/association. List Dock location and ownership information: ^ •tpMt eddre** 0 'P-Jl E-Tr eUipr-Hl^' legal property description Sc ^ c c/ ^ PID # ^ f - 1 1 1 - ^ O’? > *^1 listed property owner(s) S 6T33 / C o-t-lf < Names of abutting lakeshore property owners: tNorth/West) /</cTX- - - - (Name + Address) (T (South/East) Names of other affected property owners: A/ twj£ — (y~yJL^\ iName Addressl (attac^i sheet if necessary) Page 2 of 5 ¥■ 9.Insurance Coverage - The Jointly used dock Is Insured by one of the folloving: j( property ovner's hocecwner’s policy. separate group/association ovmed policy, list the following Information: name of insured -n _ name of insurance carrier of Insurance agency policy no.effective date of coverage •mount of coverage; Public liability, per person, per occurence _$ Public liability, per occurence Security and policing of the Jointly used dock and property Is provided by (cheek applicable Items): fencing. ^ security lighting. property owner's presence, contract security service, other (specify) DOCK inroRMATI^ 11. List Dock Use Area rpeciflcatlona: Width of shoreline; ft. Length of main dock from shore; - - -ft. Dock setbacks from side property lines at shore; ^ ^---- 12* Dock Construction (check applicable items): ft. ___seasonal dock (relocated or replaced each year). ___persanant piling with seasonal deck. ^ permanent piling and decking. ^ wooden decking. metal decking. 13. List Dock Accessorle«!: Humber of fire extinguishers available at the dock Humber of life preservers available at the dock _ f 14. List number of slips In each category ( slips includes boot lifts). Transient (day use only) slips <!/ ♦ Transient (day use) off-shore buoys C? permanent moorage sUpe It Permanent moorage off-ahore buoys ..Q—> Dry itorM. (««») (C ** IS. U« Durtwr of off-.tr..t p.riao« .p.c.. .r.ll.bl. ftr dock. Parking, if provided must not be separated from the > zoad. /!> spaces . (tuK'ci\ SACi - A,S^<5C.«a-t i Page 3 of 5 UrxJi-^ erosion and sedimentat ion cootrol 16. Shoreline is protected by (check applicaole ite=:s): / stone rip rap. vood seavali. - -metal aeavall.concrete seavali- / grass and vegetation other (specify) 17. Depth of vater at shoreline is 50 out is at 100 ft. out is ^A« ^ _ _ _ _ _ _ G required attachments The following must accompany this application: dock plan - Att applications A dock pUn, dr.«. to seal., showing the shoreUne width o£ 5^* side orooerty lines and the location, layout and dimensions of all docks, slips and buoys? If off-street parking, dry storage or other on-land functions are intended, these also should be shovm on the plan. B. 2. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement for joint use. Note; coov is not reouired if the applicant initials and certifies ^he following stS^emen~ “This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in- - - - - - - (g^ate year) and on file with the City. _ _ _ _ _ _ _j^plicant's initials 2.INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation office-s. statement as to the total number of members in the club or association.2. A // members. 3. AA certified copy of the articles of incorporation and by-laws of ^** ^^^^*^^* City." Applicant's initials Pace 4 of S 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 (1 slips § $2,00 each $ $' $50.00 TOTAL DUE THIS APPLICATION $. $UT. A 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 J<m^^ 31 unless the application is~accoBipanled by a late fee of $25,00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Counr.l and, in the case of new or unusual applicaitons, also b^- che Planning Commission and Marina Committee. The Counci 'ill 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 to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this d:Joint Use Dock License Application, and agrees and authorises the City of Orono and the City'r employees and agents to enter upon the property at any reason*.i^xe time to ^ ^rform safety and code compliBQce inspections. Date Page 5 of 5 J • f i f* • 'i' • •• 1 1*1 ♦ b: .(SiiP (SO) (51) (27) rSS) n (23) (20) (21) R29) .• • (S3)55Se' (95) “•“*■ •/* (H)"S-'y>, ^ M or ^ lOf 10 ____1(0 t5V» W ft' i#5 * (X. w ♦ ^ (IS) ^ —rn^‘ or • 1 0 f I (2)(3) If• • • * ,0T 5 • c idE^ \ H5 ' ii*% _ i'% - A • JoiMT GOV r L ( :\ i' fsf U • I- i >.. pyyLs^y •- Xj^ • ♦- J>fyi7 ^y— '8oA)io‘f T^j9>iPf y 2T7^ ft ;?xugA .**• ^ ^ • 4 '•r* ■•• 1 ^ ^ ^ \M X • r X iii i;; T y I ii !»• « t»•• V* ^ y - \/~~ /fj/tP 7 4 7^y !l Y— ki^ntr P9/9A<OA)e. it ^ _.. . j w ’ ** ^1ir ■ ■■ — ■■ -■ -,d •? 's i: ^ T 1 ! • 1 . . .ll iii ' . - - J ----------------1 i| - 1 1 ' in Ilf si^ ■ •* ■»;•- .»• 'Hfc~ •^.,»ifit . • r •j'Mf'*—lA — MUCH I ft,: fa Ji • rt j ^ ^tf//^ **••'**. .U4 UVvia k. CJ^iOH ir. l/>l 1^, IlxiHSCiKl lAwn Haj^tvpLn Cvu;jVt rins».::eta 3 o , ,, J PtfC/ » ..fl*WJ f / Sce/<: * ft«rtirie&te of Survty: 2 hfirvb/ etrtiry that thia ia a *.T^u tMi eerr«et repr«»«r.wtien of ft eunre/ of the boiiTii.*.ri«9 of ftll 0.T lot I4f "PhtAsant Lavn ”, «xct?t that p^rt dsarriVod os felU*v/o: I}e*;inr.ir.i; ot the {touthAosterljr er cost Mstorlr cernor of Let 13 said •>F^ulaeA::t ti»net iNcrUiVftstcrly alonj; iivj divieisf; line betvtcn Lots 13 sno 14 to t!u> iierlhca^.riy or cost :;3vthJrly ccxT.or of said Lot 13; thcr.ec Sastsrly dtfloctlr.^ ct ar. ftr.i;lt of 127®!te tho riji’.t froK L-.u; w«acrJ-*«d couroo, * o." 12;* fOiStj thor.ee Scuthw-u#tcrl,' ;>ir-.i!*:! vith the dlviUlri; lir.« botuotn 6(;ld Lets 11 ur4 It a dir.vo.nco of 2U.H fer.t| t.h:ir.ee Si»eterly d onset I.".;; at cr. auric of 54®CO' tn th* l-.*ft fre:a last descril-jJ courau o dlotur.eo of XU fee toseSk. at a rli!ht umrlo Southerly 75 foct or «cr<3 to ^■h» snero cT K«n?v<«ctixs; *.'iv.;s' WOAterl;, aleftc th* ehtrft of raid iOi« to the ?ei.-.t of Uif^iniiinitt onl;* th* J.oithcautaaly dory ef the ohsve-dcacriLcd property hns benr. cur/cyed ar.d cf*vjacnto set o^l;* a^uhovr.. Sesle Cult 0 ' w ISO* 7-!\:.V7 :ro.*i uMrVnr lioreon k. Cofi'ia htC* ‘SO. 6C64 Lend 5.:rvc.\*or u.-.u Planner Icn* Le^o, li.:uit.et& EXHIBIT C ... r r . V, ■1 4454575 Z-17 ARTICLES OF INCORPORATION OF PHEASANT LAWN HOMEOWNER*S ASSOCIATION We, the undersigned, for the purpose of forming a corporation under and pursuant to the provisions of Chapter 317, Minnesota Stat* utes, known as the Minnesota Non-Profit Corporation Act, do hereby associate ourselves together as a body corporate and do adopt the following Articles of Incorporation: ARTICLE I Name The name of this corporation shall be "Pheascuit Lawn Home owner's Association." £ ARTICLE II XI Purposes and Powers The purpose of this corporation shall be to promote the health. safety, and welfare of residents within the following described pro perty located in Hennepin County, Minnesota: Lots 5, 6, 8, 15, 16, 17 and 16, Pheasant Lawn. Lots 1 and 2, and Lot 3, except that part there of described as follows: Commencing at the Northwesterly comer of said Lot, thence Easter ly along the Northerly line of said Lot a dis tance of 51.65 feet; thence Southerly to a point on the Southerly line of said Lot distant 50 feet from the Southwesterly corner of said Lot; thence Westerly along the Southerly line of said Lot 50 feet, thence Northerly along the Westerly line of said Lot to the point of beginning, all in "Pheasant Lawn". z. »« That part of Lot 10 "Pheasant Lavm" described as follows: Commencing at the Northwest corner of said Lot 10; thence Southerly along the Westerly line of said Lot, 132.3 feet to the angle point in said Westerly line; thence South along the Westerly line of said Lot, 60 feet to the actual point of beginning of the tract of land to be described; thence South along the Westerly line of said Lot, 178 feet; thence at a right angle East to the Easterly line of said Lot; then Northerly along the Easterly line of said Lot, 179.3 feet, more or less, to intersection with a line dra%m East from the actual point of begin ning and at right auigles to the Westerly line of said Lot; thence West along said right angle line so drawn to the actual point of beginning. Tracts A and B, Registered Leuid Survey No. 1453. All of Lot 14, "Pheasant Lawn," except that part described as follows: Beginning at the South easterly or most Easterly comer of Lot 13 in said "Pheasant Lawn;" thence Northwesterly along the dividing line between Lots 13 md 14 to the Nr>rtheasterly or most Northerly comer of said Lot 13; thence Easterly deflecting at an angle of 127* 15 minutes to the right from the last- described course, a distance of 120 feet; thence Southeasterly parallel with the dividing line between said Lots 13 and 14 a distance of 208 feet; thence Easterly deflecting at an angle of 54* 0 minutes to the I'ft from last-described course, a distance of >85 feet; thence at a right angle Southerly 75 feet, more or less, to the i hore of Lake Minnetonka, thence Westerly alon^ the shore of said lake to the point of be ginning. All according to the plat thereof on file or of record in the office of the Registrar of Title in and for Hennepin County, Minnesota. (hereinafter together referred to as the "Subject Property"). For the purposes aforesaid, the corporation shall have the fol lowing powers: -2- (a) if) To operate and function exclusively as a non profit corporation, with the rights, powers and privileges permitted by Chapter 317 of the Minnesota Statutes; (b) To own, operate and maintain the portion of the Subject Property above described which is lo cated within Lot 14, Pheas2uit Lawn, such portion being hereinafter referred to as the "Common Area;• If (c) To provide garbage and trash collection, and maintenance with respect to the Common Area; (d) To supplement municipal services with respect to the Common Area; (e) To erect and maintain buildings and other struc tures or improvements in the Common Area and to acquire, install, maintain, improve and other wise deal with shrubs, plants, vines, flowers. trees £uid all other things horticultural and ar boreal in such Common Area; To acquire, own, hold, maintain, improve, lease, grant and obtain easements, sell, mortgage and otherwise deal with real and personal property in such Common Area; (g) To fix assessments or charges to be levied against the Subject Property; -3- I ijjv* (k) 20 (h) To “^'^rce any and all covenants, restrictions, and agreements applicad>le to the Subject Prop erty; (i) To pay all real estate taxes and assessments, if any, on the Common Area; (j) To engage in any activities and business in the Common Area which cm be appropriately and le gally carried on t) ‘.rein for the recreational, educational and civ advantage and the general benefit of the owners and homes in the Subject Property; To promulgate and enforce reasoncd>le rules and regulations with respect to the use, preserva tion, maintenance and in^rovement of the Common Area; (1) To be each and every thing necessary, suitable or proper for the acconqplishment of any of the purposes or the attainment of any one or more of the objects herein enumerated, or which shall at i i any time appear conducive to or expedient for the protection or benefit of the corporation. The foregoing enumeration of powers is made in furtherance, and not in limitation, of the powers conferred upon this corporation by law, and is not intended, by the mention of any particular power to limit or restrict any lawful power to which this corporation may be other wise entitled. 4- k ARTICLE III No Pecuniary Gain to Members This corporation shall not afford a pecuniary gain, inciden tally or otherwise, to its members. ARTICLE IV Duration The period of duration of corporate existence of this corpora tion shall be perpetual. ARTICLE V Registered Office The location of the registered office of this corp:cration in state is ARTICLE VI Incorporators The name and address of each incorporator of this corporation is: rAamM 30 Roanoke b.;-!I ding Mirineapolis, Minnesota 55402 30» Roanoke Building Minneapolis, Minnesota 55402 300 Roanoke Building Minneapolis, Minnesota 55402 ARTICLE VII Board of Directors The initial Board of Directors shall consist of three (3) di rectors, each of whom shall continue in office until the first meet- -5- - lL 2-^ 22 ing of the members and until his successor is elected and qualified. The . les and addresses of the first Board of Directors are as fol lows: GtOALAtcA. MU.____ Sl»3St . 0hA/ ARTICLE VIII Personal Liability of Members The members of this corporCition shall not be liable for corpo rate obligations except as pr/vided for cuid authorized under the re corded Declaration of Covenants, Conditions and Restrictions appli cable to the premises herein referred to as the Subject Property. ARTICLE IX Capital Stock This Corporation shall have no capital stock. -6- ^ \, \ 23 IN WITNESS WHEREOF, we have hereunto executed these Articles of Incorporation this day of 1979. In Presence Of: k-- \) p STATE OF MINNESOTA ffASS^COUNTY OF ss . On this person^ described in an L hVy % day ofr jjUb\iULU», 1979, before me a llota said gefu^y , pfersonall v appeared Pi^lic ^ . ersonaiiv U .nrU . to me known to ne tne persons described in and Vhc executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary Public, 1 My CCfMM ^I^Cdunty, Minn OONNA M. TtRWtV OfMIV ^HUe • MMM0Q ANOKA OOUMTV THIS INSTRUMENT WAS DRAFTED BY: John W. Thiel Gray, Plant, Mooty, Mooty & Bennett 300 Roanoke Building Minneapolis, Minnesota 55402 -7- NESOTA OePARTMeNT OF STATE I ht;rcOy ceftity tfut ttw witMl ui&t'tftitent filed for record in tNt o>itc« on tno,_^^day A. a 1 9 7f. at y^octoco ^ and was duly recorded in of Incorporations, on page. f:' BY-LAWS OF PHEASANT LAWN HOMEOWNER ’S ASSOCIATION ARTICLE I Name and Location The name of the corporation is PHEASANT LAWN HOMEOWNER'S ASSO CIATION, hereinafter referred to as the "Association." The ^inci- pal office of the Association shall be located at , Minnesota, but meetings of members and directors may be held at such places within the State of Minnesota, County of Henne pin, as may be designated by the Board of Directors. ARTICLE II Definitions section 1. "Association" shall mean and refer to Pheasant Lawn Homeowner's Association, a nonprofit corporation organized and existing under the laws of the State of Minnesota, its successors and assigns. section 2. "Pheasant Lawn" shall mean and refer to that cer tain real property described in the Declaration, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Common Area" shall mean all real and personal property owned by the Association for the common use and enjoyment of the Cwners including the Common Area defined in the Declaration. \ A Section 4. "Lot” shall mean and refer to any Lot defined in the Declaration but shall not include the Common Area. Section 5. "Owner" shall mean and refer to the record or equi table owner, whether one or more persons or entities, of the fee simple title to any Lot as defined in the Declaration. Section 6. "Declaration" shall mean and refer to the Declara tion of Covenants, Conditions and Restrictions recorded in the Of fice of the Hennepin county Registrar of Titles as Document No. Section 7. "Member" shall mean and refer to those persons en titled to membership as provided in the Declaration. ARTICLS III Meetings of Members Section 1. Annual Meetings. The first annual meeting of Mem bers shall be held within two months from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held in the same month of each year thereafter, on a day and at an hour as set by the Board of Directors. Section 2. Special Meetings. Special meetings of the Members for any purpose may be called at any time by the president, the vice president, the secretary or treasurer, or by the Board of Directors, or upon written request of the members who have a right to cast one-fourth (1/4) of all of the votes of the entire membership. Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the secre- -2- r-' tary or person authorized to call the meeting/ by sending a copy of the notice by mail, postage thereon fully prepaid to each Member at his address appearing on the books of the Association. Each Member shall register his address with the Secretary, and notices of meet ings shall be mailed to him at such address. Notice of any meeting, regular or special, shall be mailed at least fifteen (15) days in advance of the meeting and shall set forth in general the nature of the business to be trauisacted, together with the place, day and hour of the meeting; provided, however, that if the business of any meet ing shall involve a rnatter which, pursuant to other provisions here of or the Articles of Incorporation of the Association or the Dec laration, notice of such meeting shall be given or sent as provided therein. Section 4. Quorum. The presence at the meeting of Members en titled to cast, or of proxies entitled to cast, six-tenths (6/10) of the votes of the membership shall constitute a quorum for any action except as otherwise provided to the contrary in the Articles of In corporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the Mem bers entitled to vote thereat shall have power to adjourn the meet ing from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be repre sented. Section 5. Proxies, At all Association meetings of Members, each Member may vote in person or by proxy. All proxies shall be in -3- I c. ■•.Tr writing and filed with the Secretary. No proxy shall extend beyond a period of eleven (11) months from the date of its execution and every proxy shall automatically cease upon sale by the Member of his Lot. ARTICLE IV Board of Directors Section 1. The management and affairs of this Association shall be managed b^ a Board of not less thcui three nor more th£ui nine Directors, provided that the number of Directors shall always be an odd number and shall always be evenly divisible by the number three (3). Directors shall be Members of the Association. The num ber of Directors may be changed by amendment of the By-Laws of the corporation. At the first meeting of the Members, the Members shall elect one-third (1/3) of the Directors for a term of one (1) year. one-third (1/3) for a term of two (2) years and one-third (1/3) for a term of three (3) years; and at each annual meeting thereafter the Members shall elect one-third (1/3) of the Board of Directors for a term of three (3) years. Section 2. Removal. Any Director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association present and voting at a meeting of the Association and any Director who ceases to own a Lot shall automatically cease to be a Director. Vacancies in the Board of Directors, as the re sult of death, resignation, sale of such Director's Lot or removal. shall be filled by the majority of the remaining directors, ^my such -4- I appointed director to hold office for the term of his predecessor and until his successor is elected by the Members, who shall make such election at the next cuinual meeting of the Members or at any special meeting duly called for that purpose. Section 3. Compensation. No Director shall receive compensa tion for any service he may render to the Association in his role as Director. However, any Director may be reimbursed for his actual expenses incurred in the performemce of his duties. Section 4. Action Taken Without a Meeting. The Directors shall have the right to take any action in ttxe absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors. An action so approved shall have the same ef fect as though taken at a meeting of the Directors. ARTICLE V Nomination and Election of Directors Section 1. Powers. The Board of Directors shall have power: (a) To adopt and publish rules and regulations gov erning the use of the Common Area and the per sonal conduct of the Members and their guests thereon, and to establish penalties for infrac tion thereof. (b) Suspend the voting rights and right to use of the Common Area of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Associ- -5- I ation. Such ri9h'ts may also be suspended, after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulation. (c) To exercise for the Association all powers, du ties and authority vested in or delegated to this Association and not reserved to the member ship by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration. (d) To declare the office of a member of the Board of Directors to be vacant in the event such mem ber shall be absent from three (3) consecutive regular meetings of the Board of Directors. (e) To appoint and remove at pleasure all officers, agents and employees of the Association, pre scribe their duties, fix their compensation, and require of them such security or fidelity bond as it may deem expedient. Nothing contained in these By-Laws shall be construed to prohibit the employment of any Member, officer or Director of the Association in any capacity whatsoever, sub ject to the provisions of Article IV, Section 3. (f) To call special meetings of the Members whenever it deems necessary and it shall call a meeting at any time upon written request of one-fourth -6- (1/4) of the voting membership, as provided in Article III, Section 2. (g) To est^U:>lish, levy and assess and collect the assessments or charges referred to in Article V, Section 2. Section 2. Duties. It shall be the duty of the Board of Di rectors : (a) To cause to be kept a complete record of all its acts and Association affairs and to present a statement thereof to the members at the euinual meeting of the Memoers or at euiy special meeting of the Members when such is requested in writing by one-fourth (1/4) of the votes of the member ship, as provided in Article III, Section 2. (b) To supervise all officers, agents and employees of this Association, and to see that their du ties are properly performed. (c) As more fully provided in the Declaration: (1) To fix the amount of the assessment against each Lot for each assessment period at least thirty (30) days in advance of such date or period. (2) To prepare a roster of the Lots and assessments applicable thereto which shall be kept by the secretary of the -7- ( I J IT- Association and shall be open to in spection by any Member. (3) To send written notice of each assess ment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period. (4) To foreclose the lien against any Lot for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same. (d) To issue, or to cause any appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid and the amount of any unpaid assessment. Such certificate shall be conclusive evidence of any assessment therein stated to have been paid or the amount of any unpaid assessment. A rea sonable charge may be made by the Board for the issuance of those certificates. (e) To procure and maintain adequate liability and hazard insurance on property owned by the Asso ciation and such other insurance, including of ficers and directors' liability insurance as is -8- required by the Declaration or as the Board of Directors may deem desirable. (f) To cause all officers or employees having fiscal responsibilities to be bonded as it may deem ap propriate . f <;) To cause the Common Area to be maintained. ARTICLE VII Directors* Meeting Section 1. A regular meeting of the Board of Directors shall be held annually on a day, time and place agreed upon by majority of the Directors. Sectiw^ 2. Notice of such regular meeting is hereby dispensed With. Section 3. Special meetings of the Board of Directors shall be held when called by any officer of the Association or by any two di rectors after not less than three (3) days* notice to each director. Section 4. The transaction of any busi ness at any meeting of the Board of Directors, however called and noticed, or wherever h^ld, shall be as valid as though made at a meeting duly held after regular call and not: je if a quorum is present and, if either before or after the meetfrg, each of the Directors not present signs a written waiver of notice, a consent to the holding of such meet ing or an approval of the minutes thereof All such waivers, con sents or approvals shall be filed with the corporate records and made part of th<> ninutes of the meeting. Any action in writing -9- L signed by all of the Directors shall constitute a valid act of the Board of Directors. Section 5. The majority of the Board of Directors shall con stitute a qpiorum thereof. ARTICLE VIII Officers and Their Duties Section 1. Enumeration of Offices. The officers of this Asso ciation shall be a president and vice-president, who shall at all times be a member of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors fol lowing each annual meeting of the Members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or other wise disqualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from tiiae to time, determine. Section 5. Resicynation and Removal. Any officer may be re- >ved from office with or without cause by the Beard and any officer who ceases to own a Lot shall automatically co be an officer. -10- . 1 r % s. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the ac ceptance of such resignation shall not be necessary to make it ef fective . Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vac cy shall serve for the remainder of the term of the office he replaces. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simulta neously hold more than one of £uny of the other offices except in the case of special offices created pursuauit to Section 4 of this Arti cle. Section 8. Duties. The duties of the officers are as follows: (a) President. The president shall preside at all meetings of the Board of Directors; shall see that orders cuid resolutions of the Board are carried out; shall sign all leases, mortgages, deeds amd other written instruments and shall co-sign all checks and promissory notes. (b) Vice-President. The vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. -11- (c) Secretary. The secretary shall record the votes and keep the minutes of all meetings and pro ceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve no tice of meetings of the Board and of the Mem bers; keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board. (d) Treasurer. The treasurer shall receive and de posit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Direc tors; shall sign all checks and promissory notes of the Association, keep proper books of ac count; and shall prepare an annual budget and a statement of income and expenditures to be re presented to the membership at its regular an nual meeting, and deliver a copy of each to the Members. ARTICLE IX Books and Records Section 1. The books, records and papers of the Associat:*on f I shall at all times, during reasonable business hours, be subject to -12- the inspection of any Member. The Declaration, the Articles of In corporation and the By-Laws of the Association shall be available for inspection by any Member at the principle office of this Associ ation, where copies may be purchased at reasonable cost ARTICLE X Assessments As more fully provided in the Declaration, each Member is obli gated to pay to the Association annual and special assessments which are secured by a continuing lien upon the Lot against which the as sessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of interest provided in the Declara tion, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Lot, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. Except as specifically permitted by Section 8 of ARTICLE IV of the Declaration, no Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. ARTICLE XI Amendments Section 1. These By-Laws may be amended, at a regular or spe cial meeting of the Members, by a vote of a majority of a quorum of -13- \ '■ ' S'.' Members present in person or by proxy, provided that the voting and quorum requirements specified for any action under any provision of these By-Laws shall apply also to any cunendment of such provision and provided further that those provisions of these By-Laws which are governed by the Articles of Incorporation of this Association may not be amended except as provided in the Articles of Incorpora tion or applicable law; and further than any matter stated herein to be or which is in fact governed by the Declaration may not be amended except as provided in such Declaration. Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles of Incorporation shall control; and in the case of any conflict between tiie Declaration and these By-Laws, the Declaration shall control. ARTICLE XII Dissolution The Association may be dissolved only with the assent given in writing and signed by the Members entitled to cast two-thirds (2/3) of the votes of its membership. Written notice of a proposal to dissolve, setting forth the reasons therefor and the disposition to be made of the assets (which shall be consistent with Article XIII hereof) shall be mailed to every Member at least ninety (90) days in advance of any action taken. ARTICLE XIII Disposition of Assets Upon Dissolution Upon dissolution of the Association, the assets, both real and -14- personal of the corporation, shall be dedicated to an appropriate public agency to be devoted to purposes as nearly as practicable the seune as those to which they were required to be devoted by the Asso ciation. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non profit corporation, association, trust or other organization to be devoted to purposes, as nearly as practicable the same as those to which they were required to be devoted by the Association. No such disposition of Association properties shall be effective to divest or diminish any right, easement or title of £uiy Member vested in him or appurtenant to the Lot owned by him under the recorded Declara tion, including without limitation the easements established in Sec tion 2 of ARTICLE III of the Declaration, without such Member's con sent. ARTICLE XIV Miscellaneous The fiscal year of the Association shall begin on the first day of Jiuiuary and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. ARTICLE XV Indemnification of Officers and Directors The Association shall indemnify cuid hold harmless every Direc tor and officer, his heirs, executors and administrators, against all loss, cost, judgment and expense, including attorneys' fees, which may be imposed upon or reason£d>ly incurred by him in connec- -15-J tion with or arising out of the defense or settlement of any claim action, suit or proceeding to which he may be made a party by reason of his being or having been a director or officer of the Association whether or not he is an officer or director at the time of incurring such loss, cost, judgment or expense, except as to matters as to which he shall be finally adjudged in such action, suit or proceed ing to have been guilty of willful or fraudulent conduct detrimental to the best interest of the Association. In the e>/ent of a settle ment, indemnification shall be provided only in connection with such matters covered by the settlement as to which the Board of Directors has agreed on behalf of the Association that the person to be indem nified has not been guilty of willful or fraudulent conduct detri mental to the best interests of the Association in the performance of his duty as such director or officer in relation to the matter involved. The foregoing rights shall not be exclusive of other rights to which such director or officer may be entitled. All lia bility, loss, damage, costs emd expenses incurred or suffered by the Association by reason or arising cut of or in connection with the foregoing indemnification provisions shall be treated and handled by the Association as a Common Expense; provided, however, that nothing in this Section shall be deemed to obligate the Association to in demnify any Owner who is or has been a director or officer of the Association, with respect to any duties or obligations assumed or deunage or liabilites incurred by him solely in his capacity as an Owner. -16- C IN WITNESS WHEREOF, we, being all of the Directors of Pheasant^ Lawn Homeowner’s Association, day —• 1979. / 7 i Vi' • a •V* -17- V •V ss.STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) and ^ in and who ftani Lawn Homeowner's Association, an 2d toe tame as toeir free act and deed. By comnission Expires jjmrfflf f.........*......................... C. A. WHrrTNEB££N raiuc - MtXK££3TA ^ WRIGHT COUNTY Iffy lliifa 15# 1^15 P'-' •l -18- -I riVtf^ f; fe L ' July 15. 1992 To Whom It May Concern: As an adjacent property owner to the dock area at the end of Pheasant Road in Pheasant Lawn, I have no objection to the location of the Bakke dock which borders my property or to any of the other existing docks. Yours truly, Carol Burgess 2800 Pheasant Road Excelsior, MN 55331 471-9357 rtlii.Ch.lvc:. JUL 2 9 1992 1-M.C.O. I STATf OF DEPARTMENT OF NATURAL RESOURCES PHONf NO. METRO WATERS ~ 1200 WARNER ROAD, ST. PAUL, MN 55106 772-7910 v-'. : . September 17, 1992 Euigene Stronunen Executive Director LeXe Minnetonka Coneervation District 900 East Wayzata Blvd #160 Hayzata, MN 55391-1857 RE:MULTIPLE DOCK LICENSE, PHEASANT LAWN HOMEOWNERS ASSN., PERMIT #89-6255, LAKE MINNETONKA (27-133, #9), CITY OF ORONO, HENNEPIN COUNTY Dear Mr. Strommen: to their lot*. Howovor, thio permit did not provide for operation of a nuXtiple unit docking facility. A DNR permit im required for S£‘5.‘SS, “.v-.v.';: .s: facility or the association may apply for a new permit. we recommend that the earlier permit be amended since it is a more expeditious process than a new permit application. mindSSitTlSng-rtJ.^ ’pra^^aholinr^V doVk c"o'nfKt’rin"’anr: $75.00 amendment fee. 55:Sio^nL“ .'^'utThi:^«^" «f%.«.'c’nrm-e sincerely, J >- Ceil Strauss Area Hydrologist ec: Carman's Bay file (27-133, #9) Joe Forrer, Pheasant Lawn Homeowner s Assoc. RIECklVku SEP 18 »92 L.MX.O.M r ■ / /'io k* % ;\mr:CITYof ORONO MufikiiNilOfllcci FtMiOfSotBmtf Crysul Bayt MlnatwU 553234066 October 5, 1992 Ms. Rachel Thibault, Administrative Technician Lake Minnetonka Conservation District 900 East Hayzata Blvd.r Suite 160 Wayzatar Minnesota 55391 Re: Pheasant Lawn Homeowners Association Dear Rachel: In response to your request for municipal certification of a 1592 multiple dock license for Pheasant Lawn Homeowners Association, the City has had informal discussions with various meinbers of the Association. While they have been advised that a City of Orono joint use dock license is required, we have not yet received a formal application for such license. It is my impression that the Association's intent was to determine whether LMCD approval was likely before siaking the application to Orono. The docks in question apparently have been in use as a joint ^^ck situation for a significant period of time but have never generated any complaints. While I cannot guarantee that a formal application for an Orono joint use dock license will be approved, the apparent long history of joint use would certainly act in the applicant s favor. I note from our 1970 air photos that some sort of dock system was in place at that time, and also note that the subdivision of Pheasant Lawn was filed in 1945. adopted on July 8, 1963. TELEPHONE-473-7357 • FAX-4TV1514 Hs* Rachel Thibault October 5, 1992 Page 2 Please feel free to contact me at 473**7357 if you have any questions. Sincerely. Michael P. Catron Asst. Planning a Zoning Administrator MPG/ch ect Ron Moorse» City Administrator Jeanne A. Mabusth, Building & Zoning Administrator LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160 • WAYZATA.fUltNN£SOTA46aai •.I^LEPHONE 612 473-7033 EUGENE B. STHOMy^r].jEXECUTIVE DIRECTOR \z'Ui% f V BOARD MEMBERS November 13, 1992 David H. Cochran, Chair Greenwood Tom Penn, Vice Chair Tonka Bay Douglas E. Babcock Secretary Spring Park Scott Carlsoo, Treasurer Mirmelrisia Mike Bloom Minnetonka Beach ARtert (Bert) Foster Deephaven James N Grathwoi Excelsior JoEllen L Hurr Ofono WilKam A. Johnstone Minrtetonka Duane Markus Wayzata George C. Owen Victoria Robert Rascop Slwrewood Tom Reese Mound Robert E. Slocum Woodland NOV i 6 Mr. Joe Forrer Pheaaant Lawn Homeowners Assoc. 2655 Pheasant Rd Excelsior MN 55331 Dear Mr. Forrer: Subj: 1992 Multiple Dock and Mooring Area License The Lake Minnetonka Conservation District Board of Directors has approved your multiple dock Jiren.so for the 1992 season. The license and the approved site plan with stipulations, if any, are enclosed. Any change will roquire a new license# Your continuing cooperation in our "Save Lho Lake program is appreciated. Sincerely, MINNETONKA CONSERVATION DJSTRICILAI^ MINNETONKA CUNM'.kvai i wn Rachel ThiKaultRachelThi Administrative Technician end: license, site plan c/encl: municipality Orono P.S. There la an over-payment of $22.50 from 1992 that you may wish to apply to your 1993 application. 3-7033CTOfl MULTIPLE DOCK AND MOORINGAREA LICENSELAKE MINNETONKA CONSERVATION DISTRICT County of Hennepin, Slate of Minnesota ss. WHEREAS, PHEASANT LAWN HOMEQMWRRS ASSOCIATION c/o Joe Forrer. 2655 Pheasant RoaH, Cttv of Oroi NOW. TIIEIIEFO.E. B, o,de, of -.ho Bo.rd of Uir«.o« of «id Di...ic. ...I b, .Ir... b.«of. .h. •••<! Ph....nt L«WP Ho-.noo.r. A..ocl.tton------------------------bheteft op«.» . -BdUpl. dod. wbioc. b, eriNiPt ».d fo.0.. d..»i.y . ..........- tublocf fo tho f!ffv of flrnnn'll Bf B iBtB*’ llcoine, «nd th« south »tde ■etbacb oncroachnont U subject to cont nu ^ approval of the neighbor to the south (or the period of the 1992 dock _ season and Dgeambar 31. |9 92 subject to all the conditions and provisions o( said Ordinamcs.ending — SUOJCCl lU an —— r-- Given under my hand and the corporate seal of the LAKE M 28th day October ^.D. 19 —21 ^^"^"stlw^Chairman David H. Cochran 1NNE10NKA CONSERVATION UISTRICT this Attesffj^l Eseoftl^ Director Eugene R. i li: S 1 'a -** ■ “-"y'ji.'i'firf >Mfv%'y >».i* |»ifi»tifi'*l l»)r MK* 1*4 iin»tcf my iliftfCl fitprt* •ily f*‘i;i^i%*u'il Ci«'il l.i»i;»»HA r .*»»*I 1 aimI l»uf*cy«*# IMIt 1, IfJt KI uiiu’miI.1 kCAIIi |**«K>* k'MtU l.kcnM: Nun'K'f I27.S5 miNu n*M i; V «• LAKE MINNETONKA CONSERVATION DISTRICT PUBLIC HEARING PHEASANT LAWN HOMEOWNER'S ASSOCIATION NEW MULTIPLE DOCK LICENSE Wednesday. September 23, 1992 7;00 PM Tonka Bay City Hall e Jo..ph F.rr.r, ^multipl. A.soci.tion, ha. aubnatead an application „ultipla dock i. in a L^'iroi "Ph.aa^t l.a«n". i?:::: --bcr. «ha a..ociation. _ _ _ _J W- ebk. . ^ t-hi* dock has been used by the 1* naa a lar.a w.tl.nd that f 1940's. It is now mostly water * ^ 18 the \l ..and.rin, ••'or.la.d b.c«.a. tot. -air lo» „d cH. laka. in particular Ed Mahonay, owner of Lot tot 15 ha. no —■•.lin.. i^MiriM'^kr^Hon^y" tot 14 for the land hatwaan Lot 13 • t::thi*r 5«k":rS!:"a»«."t'-*' - -ad for .wi..in, and fiihini. but not boat atoraga. There is roughly 280* «« jSorluH^ HJong ,lip dock is located. ^"®^'*** * ^4 has other shoreline. ...;..nt at Hahonar a lot. Lot tha ahoralina including an laland —at i. not whara tha dock, arc located.wn«r« -- - -- u rH Ihara ia an ancroachuant —” ''’•,^tha*!ooth'! Carol Burgaaa, iida of the dock. The ,ha ha» no objection to Ji2*aub»itt.d a - — : ‘“iii^Jn'^'Sock: which are adjac.nt to tha location of tha aaaociation a her property. LAKH MINNHTONKA CONSKKVATION OISTIUCT Action Report: Water Structures Committee Meeting:T:.10 AM, Saturday. October 10. M'y’ Norwest Bank Building. Wayzata. Room 135 Members Present: Douglas Babcock. Chair. Spiitig I'ark: Bert Foster, Deephaven: David Cochran. Greenwood: Scolt Carlson. Minnetrista: Thomas Reese. Mound: JoHIIen Hurr. uroiio: Robert Rascop. Shorewood: Robert Slocum. Woodland. Also Present: Rachel Thibault. Administrative Technician: Eugene Strommen. Executive Director. 1. Pheasant Lawn Homeowners Association. Carman’s Bay, Oronu, New Multiple Dock License Application The committee received a report of the Public Hearing held on 9/23/92 to consider the application of the Pheasant Lawn Homeowners Association for a new multiple dock license applica tion for 6 Boat Storage Units (OSU). Thibault distributed a letter from the City of Orono. dated 10/5/92. Orono advises that the City will require a joint use dock license of the Associa tion. Orono requests that the Association file the application as soon as possible. DISCUSSION: Joe Forrer. 2655 Pheasant Road. President of the Association, stated he has observed other multiple docks on the Lake. They wish to proceed with their application as submitted. Hurr addressed the possible back-1icensing to J973. She would ask that any back-1icensing be consistent with what has been done in similar instances. The executive director said there is a back-1icensing requirement when making application for a non-conforming dock to maintain a grandfathered status. Thi bault stated that the Halsted Acres Homeowners Association multi ple dock license application was back-1icensed to when the Asso ciation was first notified of the licensing requ i reiiien I . MOTION: Cochran moved. Foster secofided. ti» recommend approv.il ol the Pheasant Lawn Homeowners Association ai>pl icat ioti for a new multiple dock license for 6 boat storage units, subject to the approval of the City of Orono joint use dock license. DISCUSSION: Foster questioned why an LMCD license had to be subject to approval by anyone else. Babcock responded that whe.i issuing a new license everything should be in place to facilitate future renewal. Carlson said the mot ion. shou Id include the rea sons for recommending granting the license. AMENDMENT TO MOTION: Cochran and Foster agreed to amend the motion per the discussion. to recommend approval of a new multi ple dock license application for the Pheasant Lawn Homeowners Association. Carman’s Bay. Orono. for six boat storage units, meeting all LMCU Code requirements, subject to approval by the City of Orono of a joint use dock lice’nse. The license to be subject to back - 1 i cens i ng to 1992. ttie year .he A'>*;oc i a t ioti was given notice that a Multiple Dock License is ret|uiied. VOTE: Motion carried unanimously. /.6 LAKH MINNinONKA CONSKKVATION DtSTKICT Public Hearing: New Multiple Dock License Application from Pheasant Lawn Homeowners Association for b boat storage units, Lo»: 14, Pheasant Lawn. Orono. in a lagoon off Car men’s Bay Meeting: 7 PM-• Wednesday. September 23. 1993. Tonka Bay City Hal 1 Members Present;David Cochran. Chair. Greenwood: Bert Foster. Dcephaven; James Grathwol. Excelsior: Wrn. Johnstone. Minnetonka; Mike Bloom, Minnetonka Beach: Scott Carlson. Miniietrista: Thomas Reese. Mound: JoEllen Hurr, Orono: Robert Rascop. Shorewood. Douglas Babcock. Spring Park: Tom Penn. To«ka Owen, Victoria: Duane Markus, Wayzata. pitrol*LeFevere. Counsel; Sgt. Wm. Chandler. Sheriff s Water Patrol, Lchel Thibault. Administrative Technician; Eugene Strommen. Executive Director. Chair Cochran convened a Public Hearing at 7:20 PM to con sider a new multiple dock license application f Homeowners Association for a pre-existing six slip dock Thc Board received an LMCD staff report detailing cumstances of the dock, accompanied by a cony of the new Multi.le Dock License application. surveys of the dock and Lot 14.and a letter from Carol Burgess. 2800 Pheasant Road. Burgess states no obAction t*o the location of the which ts w.th.n Che setback adjacent to her property, nor any objection to any if the p®**** *"^265*5 Pheasant Road. President of the Associa- .i». .?«iAl the docks have been in this location for many ye.irs. U°?\.ve decked the shoAune foota.e and everythin. «««s ‘o whether the‘'association would be subject to erandfatherine ‘’?Mbiiu"«gained that the Pheasant l.awn Homeowners Associ- «t ion consist in. of 11 memhers. has the li-slip dock on its of°dred’.inr\n‘‘‘thr 4o”V.*‘rs*'mosU^^ 'water ?^^-'''°^he^^A^o%^A^r:^';r.r*:rso“A'fd ‘ a' dfk^ ^from t,.e Pheasant Road. «n eas.m^ent o-r^^Lot^ 'hAs An^red the ahore- !r,lri'.‘*:h?c'h'is'Vnor^ s^ATi-e*-’::’:. iVso-‘fejn:! TuT: r!:: AATo'ci'«7io.rh«d "no't h:rn ^"ar'’;'’:.' "he";:':! for a mu..l- pie dock license from tlie LMCD. PUBLIC IILARINO - IMIKASANT LAWN IIOMLOWNI-RS ASSOCI ATION September 23t 1992 Ed Mahoney said he was President of the Associntion when the Association was formed. A problem was created when the laeoon was dredged and certain lots no longer had shoreline. At that time the affected lots were given permanent easements over lot 14 for access to the lagoon. He. as owner of Lot 15. is included in the application because his lot has no shoreline, and his dock is on his easement over Lot 14. His dock is a free standing dock, next to but not connected to the Association dock. Mahoney explained that the other five members of the Association have Lake access through their own lots. Grathwol asked Thibault if there is any reason why the license should not granted. Thibault said there is an encroach ment into the 10* setback on the south side of the dock. The dock was put in before there were setback requirements. The dock does not cross over the extended property lines. The neighbor to the south. Carol Burgess, has furnished a letter stating she has no objection to the setback encroachment. Thibault said LeFevere has advised her a variance is not needed for a setback encroach ment as long as there is approval of the neighbor. LeFevere said originally it was thought there " problem because of the way the shoreline meander.s It was thought the Assoc'ation may have to prove grandfathered rights. He said that problem was solved when it was determined there is 280’ of shoreline contiguous to the dock. Rascop asked how many boats were kept at the - / ~ slip #2. Forrer said there is one boat per dock. He docks a -- boat there. The 50’ length is primarily for walkway purposes. Thibault explained it is a wooden dock which is located in a sh6lt6r6d ar€ci and not rcftioved in the winter. r i • ^ Babcock noted the application indicates 925 of It was explained that included the shore I me on the is land. The aoDlication will be corrected to show 280’ of shoreline. Ther^ being no further testimony the Public Hearing was Structures Committee will at their meeting on Saturday. October 10. at 7:30 AM at the LMCD offices. Findings: Joe Forrer. President of Pheasant Lawn Homeowners Associa tion. has submitted a new multiple dock license application for a six slip multiple dock on Lot 14. Lot 14 is an out lot owned by the eleven members of the Pheasant Lawn Homeowners Association. 3) Six off-l«ke property owners, members of ’r""; -mb^;’roVtb:'is^oViu‘.ron^%^ Uk^s’^or-e-'-lotl^' ) i 1i ; \ I PHEASANT LAWN HOMEOWNERS ASSOCIATION September 23* 1992 10) One of the six off-lake property owners. Ed Mnhoney. has an easement over Lot 14. for the land between his lot #15 and the lakeshore. Me has a separate dock, next to the other five connected slips, which is part of the 6 slip multiple dock license. There is approximately 280’ of shoreline at that portion of Lot 14 contiguous to the multiple dock, which includes the shoreline on Mahoney’s easement. This would provide a boat density of 1:47’, meeting the LMCD Code requirements. The dock has existed at this site, in its present configu ration. since the 1950’s. The Pheasant Lawn Homeowners Association was formed in 1979. They could be subject to back licensing to 1978 which would involve the following fee obligations: 1978 to 1980 at $23 per year, 1981 to 1984 at $40 per year. 1985 to 1987 at $110 per year. 1988 to 1991 at $175 per year, and 1992 at $200. for a total of $1474. There is an encroachment into the 10* setback on the south side of the dock use area. The neighbor to the south, Carol Burgess. 2800 Pheasant Road, has submitted a letter that she does not object to the docks or the setback encroachment. The dock is wood construction and is not generally removed in the winter due to its sheltered location in the lagoon. If a multiple dock license is granted, the applicant will need to apply for a joint use dock license from the City of Orono, and amend a previous permit with the DNR to include the multiple dock. REC INOATIONS: At the 10'10-92 connittce meetingt The committee received a report of the Public Hearing held on 9/23/92 to consider the application of the Pheasant Lawn Homeowners Association for a new multiple dock license <M>pllca- tion for 6 Boat Storage Units (BSU). Thibault distributed a letter from the City of Orono. dated 10/5/92. orono advises that the City will require a joint use dock license of the Associa tion. Orono requests that the Association file the application as soon as possible. . „ . . . r . i.. DISCUSSION: Joe Forrer. 2655 Pheasant Road. Presnlent of the Association, stated he has observed other multiple docks on the Lake. They wish to proceed with their application as ^ Hurr addressed the possible back-1 i cens i ng to J^'3- would ask that any back-1 i censin« be consistent with what has been done in similar instances. The executive director sai«l I- h*-:. PHEASANT LAWN HOMEOWNERS ASSOCIATION September 23» 1992 there'is a back-licensing requirement when ranking opnllent ion for i nori-conforming dock to maintain a grniidfnthered status. yit- bauit stated that t-he Haisted Acres llonieowiiers Association dock license application was back-licensed to when the A.sso- xx;irmSv:i"F;:s?:r ‘:::ci.;5:d!‘t^ ;:2«;:.r’:ii;pi.«vn. or rr4E *r:«nr™rbo\*r:^ riii-vr.ci.r t" bc^sVlOd' •’’Foster °,«"s^7oni^ ISH* r“S ‘sons for recommending sranting the license. amendment TO ;i?l‘d"cc'’k".ic.ns "'application for ‘jj* t.s? Association. Carman s «5ublcct to npproval bv themeeting all LMCD Cod« requirements, subject ^ ,,e City of Orono of a joint ass.>c I a t ion wassubject to bnck-l icensina to 1992. the year inc g?ven notice that « Multiple Dock License is requ c<l. VOTE: Motion carried unan iiiious I y • ii A LAKE MINNETONKA CONSERVATION DISTRICT r - & CHECK LIST FOR NEW MULTIPLE DOCK LICENSE APPUCAIION Business Nome Ond Address; pheasant Lawn Homeowner's Assoc. , 2655 Pheasant Rd., Excelsior, MN 55331 Properly is locoled in Ihe cily of: orono Boy/Areo:Carman's #9 condilions on the gronling of o license, which condilions shell be in writing. o) Review Crilerio. In exercising its discretion in grontmg or denying licenses, the Boord moy consider, omong other things, whether the proposed locilily. yea 1 yea 2 » 3 no 4 compolible wilh Ihe LMCO wolerctoll densily clossiNcolion ciilefio. • •• • I I II - Xkif \n\^w\AoA IlCPfC yea no no 8 will be structurolly sole Tor use by the intended users, will conolv with the rcgulotions contained in this ordinonce. will creote a volume of IrolTic which will lend to be unsoTe. or which will cause on undue burden on Irolfic, in the vicinity of the facility. s!: sK 3 £ -.. jj w I.... ss ".hU‘ s » „ 1 dTS’s.’Si r».» generol public. Lake for the purpose of increosmg non-riporian properly voiues s licensing such fociliiies. Comments: 3) Th«e l. an .ncro.ch».nt into the 10' setback on to the aouth has submitted a letter »tatlng that she has no "bj.ctloo^o or the dock. (Sect. 2.0l.Subd.3 allows 2 neighboring sites, that are jQ waive the setbacks between the two sites.) 7) no additional affect on the water and ecology of the lake since the dock has bee. there for years lO)This dock will not serve the gen. ral public. It wiiixlie restricted to the homeowners association. S'Qneded: .i /^ * / Dole:10/1/92 DOCK - HEW RECEIVED Lake .linnetonka Conservation District JUN 29 1992 Receipt it ^5^"/ City response due |^M.C.D. received- - - - - License Year No. of Boats Boat Density Index (for LMCD use) Can be reached at phone f B#CAUsa this form is t to bs copied, please ! use black ink or type.! i f APPLICATION: NEW MULTIPLE DOCK, LAUNCHING RAMP, AND/OR MOORING LICENSE Pursuant to LMCD Code S2.03, a new multiple dock license is requested, in accordance with all data and other information submitted herewith and made a part hereof. Print or type owner's name />?n Omar's dddreas __ 9y/9_ Phone; if no ^nswer, call: /2L L /jiJ R 0(gd£. pr^rCK^ii.. - ------------^ Contact person (if different fromomer; C< FX ^ - -i Street address Phone; if no answer, eallt Phone Mailing address (if different from street addressi Property located in the City of —j- -——yy——- --r^r »./_) Property is riparian to LMCD bay/area(s)^/|^/tVA ^ ): ^ 1.CU..lfic«to, ,f u.. p.r jririv.t. c) municipal___ IB ^ —----------------- £) multiple dwelling. 2. lyp. o( dock con.tructlor.. d..crf-. .nd^ch to-.c.l. dr..ln,. 3.Please submit names and *‘*VrV*i^ay °be ^^rified by'^chicklng with Henneplr this assistance. U.Docu..nc. u.t.d P.10W.« Locator map ^ County plat map X Scaled drawing showing proposed dockag —^ Certified land survey, legal descriptlon___K I::ud dr.wtn, o( docL on .bottln, prop.rtl.., and ocher affected dockage-------------------------------- . . Ifle.nt daca r.quo.cd .bov. could r.iuU In o proc.tn* dtUy. Absence of slgntflcant <iaca r«su«» (over) Lake Minnetonka Conservation District Hew Dock License Application ^wu j /ml T/v (Name) copies attached* ( ( )Mot If No, explain t_ pikiu lutlluT lniur.nc.^ c!5«.j. $ 5CtV CO 0 I Co-p.ny -----6. All CO—.rcUl .pplicaoto, mni other, .here .pplle.bl., —.C ptorU. the tolloolo* •44itloMl lofonMtioo 7p 8 and 9i 7.Ch.ck the n.tur. of ..rvlce. .nd parking r.,ulr.d a) Boat atorage .............. .......................^ _ number of parking spaces r, b) Launching ramps a. TisMS ramp is open for public use: e) Sales. . . . d) Service. . . a) Boat rentals f) Restaurant r> - number of parking spaces - number of parking spaces •« C< - nunber of parking space* C, - nuaber of parking spaces <r" g) Othar (axpUln) AV rfl^^K «f parking .p.ca.£_ TOTAL parking spaces C g. A..C roo. facllttU. provided. Indoor. Ho_X>. loaC toilet puaplng aerylce provided? Tea • I ■ f-'AU. APPUCAllOWi J'JO /wa-t ' : U V • .) « Q^^"^frtt. Total square footage of dock are* includinf frontage of sitei yCT .,. 20,000 sq.ft, or over, an Envlron^ntal10 a Uka Iu^Mwit*H«ka!Ieet (CAW) la rogulred.,< •• ll. 0O.C Storage Unit. (SSU) coaouta ton. rrontage g-1—iruSTTha. .nowable under the „ applleatle. for a ipocl.l the total MU'. .P»ll*< to* "^**.i*ir* ” DeaaiCy Licenae i* required per Code T 50 - i JP.BSU*a 12. Muad»er of BSU’s applied for: bv Location bv Use at slips. . . . . . . . . . at slides. . . . . . . . . . at lifts. . . . . . . . . . at tie-on.. . . . . . . . . at moortnn* . . . . . . . at off-L<*'S tsek storage other -- - -—-- - V BSU BSU 9SU _ _35 U 3SU __1SU BSU for rent, lease, etc for service work. for coeupany use. . . for ••tvate use. . . for transient us* . . • other_ _ _ __ _ _ _ MU MU •9U ‘mu MU MU TOTAL i>U applied for BSU TOTAL iSU applied fon (eoB.inued) Lake Minnetonka Conservation District Nev Dock License Application 14. 7^ -Ot io(T X ai Ca J (name) 13. Watercraft Storage Units (WSU) computation schedulei ;BSU (f 1 WSU BSU 9 m WSU BSU 9 2 WSU BSU 9 2H WSU BSU 9 3 WSU BSU 9 4 WSU (each (each (each (each (each (each slip up to slip 20’+ to slip 24'+ to slip 32’+ to slip 40*+ to slip over 20* long and/or up to 10' wide) ■* 24' long and/or up to 11' wide) “ 32' long and/or up to 12' wide) •• 40' long and/or up to 14* wide) ■ 43' long and/or up to 16* wide) • 48' long and/or over 16' vide) ■ WSU Z^WSU WSU JO WSU ____WSU WSU BSU Total Watercraft Storage Units (WSU) */^_USV 500 Fee calculatlont . . . . . . . . . . . . . . . I Plus nuMber of Watercraft Storage Units (WSU) 9 ** deteniined fro. WSU cosiputatlon and schedule shown In Wo. 13 above.... ♦ Total fee enclosed (this fee Is for procyalng of the application ^ ^ ^ and does not entitle the applicant to a license). . . . . . . . . . . . ..rtlfy th.t .h. I*”/.:.,*"!;";. tV." utruc'n: and correct I I understand that any ^^®*“** District for mmj legel, It 'tw »>c ;* t». «4.V. rVh.* cj..«.h. .u».« i. b,... with. X agree to subsilt a certified, as-bullt survey upon expiation of the docks. Author 1 red signature. — Title. - - - - - -- - Date Relationship to owner 7 Return this application and sttacheents toi Lake Minnetonka Conservation District fOO E. Wsysata Blvd.. Suite 160 Waysata MW 553BI Phono (612) 473-7033 lo/«l k 4. Exhibit E Pheasant Lawn Homeowners'Association Member • • Interest Forrer Part of Lots If 2 and 3, Pheasant Lawn Off Lake Hoffman Lot 6, Pheasant Lawn Off Lake Reddick m Lot 8, Pheasant Lawn Off Lake ^Kl N. part of Lot 10, Pheasant Lawn Off Lake Bakka a 8. part of Lot 10, Pheasant Lawn Off Lake Martin Tract A, R.L.S. 1453 Lake Lot 8ro%m Tract B, R»L*S. 1453 Lake Lot cullan Part of Lot 17 and Lot 18 Pheasant Lawn , Lake Lot Smiley Lot 1, Block 1, Vale Smiley Addn. Lake Lot Smiley III Lot 2, Block 1, Vale Smiley Addn. Lake Lot Mahoney Lot 15, Pheasant Lawn Lake Lot Common Dock Aizsa Dock Tract 14S Tract B» 14S Lot 14 •asaaant Lot 14 aasamant Lot 14 nt Lot 14 •asamont 4m p. %:■ t: X fioi Mayor Peterson and Orono City Council Ron Moorse» City Administrator % Michael P. Gaffron# Asst. Planning t Zoning Administrator Oatai November 16# 1992 tvbjocti Flexibility Requests - Deephaven# Excelsior# Greenwood# Mound# Shorewood Me now have received fonnal DNR Flexibility Request Notices from the above noted cities. Only Requests from the Cities of Minnetonka and Victoria are yet to be received. The City of Orono has until December 14th to formally respond to this latest round of Flexibility Requests. Copies of the five Flexibility Requests are attached. Also attached is a copy of my October 8# 1992 memo# and a table indicating the types of flexibility requested by the various cities. Also attached are copies of the letters sent to the Cities of Woodland# Waysata# Tonka Bay# Spring Park and Minnetonka Beach regarding their Flexibility Requests# and a letter to the DNR (all drafted by Councilmember Callahan). Staff tiOB Flease review the current five Flexibility Requests and direct staff as to making an appropriate response. IT ^*:oaJCity■•■i> iBfwnriotte Diismr«4 Uk« totturfaeo Strvetvro takoahoro Loekboa load Oaaalty Coaorafo Rolyht fotbaek IllowaBeo lotbaek lalaa *ID* Lako ftaadarda to *00* •MOialMT X X X X (Mt ffotil Wtnitiolia laaeii niMMtrioto X X X X X X X X •priBf Vwk I fOafeo lay fla^ia loot taadi X X X X Mayaata X X X X ■■■■ ‘ v'l''-i's,; > ■ - --■• ■■-,. X X .V . ;:rvvA- •r$;;r ;:r^ ■ 'K--' T0I Mayor Peterson and Orono City Council Ron Moorser City Administrator Michael P. Gaffron# Asst. Planning & Zoning Administrator Datat October 8* 1992 Svbjacti Status Update - Lake Minnetonka Shoreland Ordinances The following is a table indicating the status of Shore land Ordinance review for each of the fourteen Lake Minnetonka cities. Seven of the fourteen cities# including Orono# have subsiitted ordinances to the DMR# and DMR has swiled forsial notification of flexibility requests to the fourteen mayors. PRELIM.ORONO ORONO FORMAL DNR ORONO ORONO REQUEST COUNCIL RESPONSE FLEXIBILITY COUNCIL RESPONSE CITY RECEIVED REVIEW IF ANY NOTIFICATION REVIEW IF ANT Orono 3/11/92 •7/20/92 -- «Deephaven Excelsior i Greemiood%Minnetonka Mtka. Beach --•10/8/92 1 Minnetrista 8/11/92 7/13/92 7/17/92 7/18/92 8/10/92 CC7/17/92 i Hound[Shorewood • '• :• -Spring Park 7/21/92 8/10/92 •lO/S/92 Tonka Bay 9/1/92 --10/8/92 Victoria ’•Waysata 7/31/92 8/10/92 •10/8/92 V Woodland --•10/5/92 Nhile the City has only made a written response to the formal flexibility request from Ninnetrista# Council has chosen to not respond formally to aay of the preliminary requests, we now have the formal flexibility requests from each of the cities who sent a preliminary request# and also formal requests from Minnetonka Beach and Woodland who did not send a preHminary request. Council has until mid-Wovember to formally respond to the flexibility requests from Minnetonka Beach# Spring Park# Tonka Bay# Waysata# and Woodland. Their flexibility requests are attached as a separate Staff is advised that at the next LMCD technical review committee on October 20th# presentations of proposed shore land ordinances will be made by Excelsior# Victoria# Minnetonka and Greenwood. 9y^t Dat«t Mayor Peterson and Orono City Council Ron Moorse* City Administrator Michael P. Gaffron, Asst. Planning t Zoning Administrator October 9r 1992 Subjeett Formal Flexibility Requests *■ Spring Parlc^ Wayzata» Tonka Bay# Minnetonka Beach, Woodland Attached are formal flexibility requests from the Department of Natural Resources for the above noted cities. The following table provides a comparison of their requests. i«« Atm Lot iooiiMtlal M4tH DMtitr tarfMo toiflit OOMwrod Lot# Lot L#t##li#r# Loekbos fi##0 S#tb##]i UlaiMe# i#tb#et iprUif fork fiSEriSy K K K X X X M«Mt##k# M##fi X X X X X X X X Please review the information sutmiitted with each request, has forty-five days in which to respond. lal The City You will note that a number of cities are proposing to grant excess hardcover allowances in their conswrcial sones via a "Shoreland Impact Flaa/Conditional Use Permit”, rather than through a variance process hich would be necessary under Orono's adopted Shore land Ordinance, rior to the Shoreland Ordinance, Orono's B-1, B-3, B-4, and B-5 sones ere not subject to hardcover regulations. he acreage and approximate impervious surface percentages of these ones in Navarre are shown in the table below. Commercial Ciacluding the B-2 tones) constitute approximately 1% of Orono* that is subject to Shoreland Ordinances. The remaining 991 is soned ingle Family Residential. Council may wish to consider whether use f a Shoreland Impact Plan/COP would be more appropriate for osMsrcial shoreland developswnt than the variance process, only from he standpoint that DNR may object to the hardcover variances we ikely will have to grant as Navarre redevelops. ,,;v f I" ’•V M ACBBA6B IN APPROXIMATE SOHB SBOBBLAND DISTRICT HARDCOVER % B-1 13.8 ac.75% B-3 2.8 ac.85% B-4 16.3 ac.30% B-5 4.2 ac.75% B-2 14.3 ac.80% All LB- and BB- Diatrlcta 4,820 ac.12.4% Waightad in Shoraland Avaraga t 12.9% All CoaM*l in Shoraland 51 ac.57%1 Total Shoraland 4,871 ac. 4^ y UtZOniTIAL tOHlS BAKOCOVBII ANALYSIS t Avf. U. Poetprint Apg. Ace. Bldg. Avg. Drivaway 15x150 Airg, Niac. Bardcovar 3.000 a.f. 750 a.f. 2,250 a.f. 2.000 a.f. •,66o a.f. # of Raaidancaa in Shoraland Oiatriett 2,130 2,130 X •.000 - 3fl ac Roadai 225,000 lin. ft. of roada in Shoraland Oiatrict at an avg. hardcovarad width of 40* « 40 x 225,000 ■ 207 ac.- -117540 - - - 207 4- 391 ■ 12.4% Hardcover ’ . . •••! \ GlTY<^ORONO umi mu Hov«mb«? 17» 1992 Mr. Id rick, Shorcland Hydrologist Minnooots Dspartnont of Natural Rasources 1200 Narnar Road 8t. Paul, Mianasota 55106 Rat Shoraland Plaxibility Raquasts Daar Mr. Picks wish to convay that fact diractly to you as wall. Nhila cartain of thasa citias may hava submittad flaxibility raquasts somawhat broadar than an idaal modal might eall for, it profassional consultants.9..- N. r.eo«niis th«t th. .ctu.l .tat. of .al.tin, of tak. N<aa*%onka citioa far aaca.da that »hich Sid;;th;-^l“orSl^V.V *Vl.o r.eo,nl.. U l. that cartain comMrcial or aaml-coiaiarcla 1 actlvitiaa II a^ Son\inGrd* h“n;Vit7 ^f «ndar futura "trtli^S radavalopsMnt.^ Givan thasa facts, wa ballava you should t^aa raquasts, or agraa to tha substanca of thaa. Of ®®'*J**' ^•JSSifiad* rtmmd tor vour thorouoh raviaw to dataralna which can ba nodirlaa# or in fact ara puraly paripharal to tha main problams of a particular city, bafora granting tham. Rincaraly, ■arbara Patarson Mayor iP/ch Tfi tPHWai - 4ff»TM7 • PUI • I I- /'Oo\ % i CITYofOBONO rrnomnwrnm V6Vttsb«r 17 t 1992 ■^\>^Sr-rCM. Utf* ^-4~T“9 -5^ CV'/C /J/S P/x^’- NAyor Kob«rt f* Abdo City of Hiaaotonka Batch r.O. Boa I4C NiaaotoalM^Bo^hf Mianesota Doar NMwr''Xb^t ’V>f)KA 55361 Ovoao has raTlawa;^ your au^gaatad aheraland ragulationa aad tho floxlbility raquaata coataiaad la your aubaiaaioa. Wa find ao raaaoa to objoct to thaa. Na will alao bo axpraaaing our vlaw aaparatoly to tho Dim.i Zt appoara to oa that tha OHR ahould ba plaaaad at tha tiaa and affort aadte to aaat objactiwaa whlla daaling raallatlcally with tha currant and proapaetlva atata of davalopaaat la your conaualty. 11 i j Blnearaly* fi Barbara Pataraon Mayor BP/ch infFHOMi .«n*Tir • fvi -4rvi#ia 1 I M STATi Of DEPARTMENT OF NATURAL RESOURCES PMONI MO. k. UtrM K i mcni I wr Waters, 1200 warmer road, st. paul, mm 55106 (612) 772-7916 FILE NO October 29, 1992 The Honorabl* BArbara Pataraon Mayor, City of Orono P.O. Bex 164 cryatal Bay, MM 95323 Oaar Mayor lataraon: REVIEW AMO COMMEMT OM CITY OP NOUMD'8 REQU«'<;T FOR FLEXIBILITY FROM STATE OF MXMMESOTA'S BHORELAND MAMAOENEMT STAMDARD8 As raquirad by tha statawida ahoraland Mnagasant standards, tha Cossisaionar of tha Minnaseta Dapartaant of Mature 1 Rasourcas (DMR) and tha City of Mound ara haraby notifying your city of Mound's raquast for flaxibility fros tha statawida standards as outlinad balow, and in tha anclosura praparad by tha city's consultant. In accordanca with tha rulas, tha Cossissionar and tha city sust solicit tha input and approval of other govarnsantal bodiao that could ba affacted or ispactad by tha alternate controls. Tha city and tha OMR ara asking that your city provide its review and cossants, if any, to either OMR or tha city within 45 days of tha data of this latter. If no response is racaivad prior to than, wa will assuna that your city has no concerns with tha neighboring city's proposal. Tha City of Mound is raguasting flaxibility fros tha following statawida standards} 1. 2. Lot site and width. Residential density Oavalopsants, as related to Planned Unit 3. 4. 9. Irparvious surface coverage ^wilding height. Elisination of tha setback raquirasant for a specific type of water oriented accessory structure. Tha city is asking for flaxibility to allow lock boxc i (used to store boat and beach aquipsant) whi#'* ara lisitad to 20 square feat in area to ta setback anywhere within tha shore ispact tone. The statewide standards require that any water oriented accessory etructuras located within the shore ispact tone be aatback at least 10 feat landward or tha o^rdinary high water level of any public waters. AN fOUAL OW3«TUNlTt i . 5 I city of Mound Floxibility Roquost Oetobor 29, 1992 Pago (2) Sinco cho city's roqusst is cosplsx, a thorough discussion of this rsqusat is attached for you and/or your staff to rsvisv. Ths above requests have been presented by Mound's representative for reviev and discussion by representatives of 11 Lake Minnetonka cities who are working together as a Technical Reviev Conittee for the purpose of reviewing and discussing individual city's flexibility requests affecting Lake Minnetonka. Mo probleas with the city's request have been noted at any of those seetings. As stated earlier, please have appropriate staff reviev the proposed flexibility request and, if necessary, provide your coaeents to ee at the address listed above within 49 days. If there are any questions, do not hesitate to contact either Mark Xoegler, Mound's planning consultant at S39-99<0, Ceil Strauss of this office at 772*7910, or mm at 772*7910. Sincerely, Edward L. Pick Shoreland Hydrologist Enclosure CCS John Line Stine, Regional Hydrologist Ogbasghi Siue, Supervisor, Land Use Manageeent tmit City Adninistrator/Clerk Hoisington Koegler Group Inc. DO MEMORANDUM r CCTI992 f RECEIVED REGION VI WATERS / TO: LMCD Ttchnical Review Committee FROM: Mark Koeglcf/ Mound Oty Planner DATE* September 22,1992 SUBJECT: Shordand Management Flexibility Requi»t INTRODUi The Qty of Mound is approaching hill devclc^nnent The community currently has 9% of its land classihed as vacant. Three parcels comprise the vast majority of Mound's vacant Und. Ti e remaining vacant land consists of inhll residential lots that are scattered throughout the community. Development in Mound's early years consisted primarily of small cabins surrounding Lake kffinnetonka. Cabins were cimverted into year-round r**«idenon and the community saw the development of a downto%vn coouncrdal area and an industrial zone. Tte development pattern that exists in the community today is die direct result of diese historical factors. Correspondingly/ a land use pattern that its origins in the 1900's is not readily adaptable to the dimensional development standard'^ used in the 1990's. Without the application of reasoruble "flexibUity ” in the interpretation of State Shoreland RulcS/ the vitality of the community will be seriously threatened and the property rights of residents will be significantly impaired. The eventual adoption of Mound's shoreland management ordinance will require flexibility in die foUoiving areas: LAND USE Application of the 1000 foot shoreland area to the Qty of Mound covers approximately 85% of die eexxununity. Therefore/ new regulations pmtaining to the shoreland area are being incorporated directly into the City's Zoning Code radier than establishing a separate overlay zone. LioaL'tf lavifaMMar-J • fliMMif Onpi ’WOMtmIwiraii/Sam 12^ • Maaafeitt.Mmmm iU}9 • • fiKl4l2)IJJ.3;60 I A variety of land uses arc found within Mound's shoreland area including most of the central business district and all of the industrial area. Mound's Comprehensive Plan calls for the retention of the industrial uses and the revitalization of the do%^town commerdal area. Goods and services that are available in Mound serve local residents as well as residents from surrotinding communities. Employment opportunities appeal to individuals from an even broader geographic area. Because of the importance of contintaing the commercial and industrial uses at their present locatic4r.s. Mound is proposing to allow such uses either as permitted uses or conditional uses, depending on the nature of the business. The charts entitled Uses - Residential Zones and Uses • Industrial Zones (Appendix A) identify all allowable land uses within Mound's shoreland area. In some cases, uses shown as permitted or conditional may require flexibility from State standards. LQTQiARA tisncs The legacy of Mound's historical development pattern is a community of small, developed lots. At the present time, the Qty has two diffmt sin^ f^y lot size requirements, R-1 requins 10,000 square feet of lot area and R-2 requires 6,000 squere feet of area. The zoning map included as Appendix B identities the locations of each of these zones. Concurrent to th^ preparation of a now shoreland management ordina nce. Mound is modifying va ’ s portions of the existing zoning code. Specifically, provisions ui the proposed throu^vision of land will be required to have a minimum area of square feet, regardless of the applicable ziming district. Lots of record considered buildable if they comply %vith tite underlying zoning requirements. MJ Proposed residential lot characteristics are as follows: Zone Lot Size Lot Width R-1 10;Ml 60*ft R-2 Lot of Record 10; 6; III I II 60' 40' R-3 (Duplex) Lot of Record 14; 12J Ml III 80* 80* R-4 III 120* Note: Setback from OHW in all zones > 50* Mound's lot size and width requirements will require flexibility from the State standards (Appendix C). Strict application of the State standards is not only infeasible but impossible in a community that is virtually fully developed. Application of lot standards other than those identified would result in variance requests for virtually every property within the City. nFNSlTY/PLANNBD UNIT DEYFLOP Mound will request flexibility from the State standards regarding multi>family density and planned unit devdopment provisions. The State standards require that any structure containing more than four units be processed as a planned luiit development. Mound's R-4 zoning defines multi-family as any project having four or more units per structure^ however, it docs not require such projects to be processed as planned unit developments. Under the current R-4 provisions, projects with an overall density of 14 units per acre are allowable under the R-4 zoning provisions rather than imder specific PUD provisions. This issue impacts only the redevelopment or reconstruction of existing projects since all R-4 properties within the City are fully developed. Should any of these developments be destroyed by natural disaster, the Qty wants to maintain the ability to approve reconstruction without requiring PUD approval. It does not, however, desire to expand such density to other portions of the City. Mound does have PUD provisions as part of its zoning code. In Mound, a PUD is know as a planned development area (PDA). At the present time, the City's shoreland provisions will modify the existing PDA langxiage to add the density restrictkms and establish tiers as is found in the State standards. This will ensure that future planned development areas including redevelopment projects outside of the R-4 zone %vill develop in accordance with the density standards found in the State rules. lO I y a IVIQUS COVER Mound's current zoning code does not contain impervious cover restrictions. In reviewing the isstie of impervious cover, the City conducted a parcel by parcel of various areas in the community to amve at a reasonable limitati Based on that research. Mound will request flexibility to utilize the follow" impervious cover restrictions: Residential - 30% Commcrdal/lndustrUl - 30% Commerdal/Industrial with adopted stormwater managoient plan - 75% Impervious cover will be defined to include areas covered by buildings, driveways, walkways and patios. Decks will be counted as 50% impervious providing they are constructed over a permeable surface such as turf. Decks constructed over an impermeable surface will be counted at 100%. m m niNC height Mound currently has a height limitation of 35 feet in all of its zoning classifications except the central business district. Within the CBD, the Mound code limits builrags to 45 feet in height Structures exceeding 45 feet require the issuance of a conditional use permit The Qty desired to maintain the hei^t limitation of 35 feet throughout most of the community. The Mound Planning Commission also feds that buildings exceeding 35 fset in height arc appropriate in the downtown area. SHQRELAND AREA IMPROVEMENTi/ih Mound's ability to effectuate any transformation of the shoreline of any of the lakes within the community is severely limited by the existing development patterru Despite this fact, the City is committed to the incremental improvement of ail shoreiand areas. In support of this commitment, the City's proposed draft shoreland ordiiunce currently prohibits all water oriented accessory structures except at-grade decks. Additionally, all structures will be required to meet a 50 foot setback from the OHW regardless of the placement of neighboring structures. 4 M STATI or ’[N]M(is<0)Trz2\ PHONING. (®12) 772-7916 PitCNO October 30, 1992 The Honoreble Berbere Petereon ffeyor. City of Orono P.O. Box 164 Crystal Bay, KN 55323 Dear Mayor Peterson: REVIEW AND COMMENT ON CZTY OF SHORENOOO'S REQUEST FOR FLEXIBILITY FROM STATE OF MINNESOTA'S SHORELAND MANAGEMENT STANDARDS As required by the statewide shoreland mmnmgmmmnt standards, the Coasissioner of the Minnesota Departaent of Natural Resources (DNR) and the City of Shorewood are hereby notifying your city of Shorewood's request for flexibility fros the statewide standards as outlined below. In accordance with the rules, the Coasissioner and the city aust solicit the input and approval of other govsmaental bodies that could be affected or iapacted by the alternate controls. The city and the DNR are asking that you provide your review and eoaaents, if any, to either DNR or the city within 45 days of the date of this letter. If no response is received prior to then, we will assuae that your city has no concerns with the neighboring city's proposal. The City of fhorewood is requesting flexibility froa the statewide standard for building height by requesting an increase in the structure height liait. statewide standards require that a 25 foot height liait be applied to all new structures in residential land use districts in cities. The city is requesting the use of flexibility to allow structures a height liait of 35 feet in residential land use districts. The aaxtaiia allowable structure height under the "old** state shoreland rules was IS feet. The city had considered requesting that it be allowed to let existing coaaercial developaent aaintain existing iapervious coverage which exceeds 25% but require storawater treatment aeasures for the excess storawater runoff. However, since this requireaent only affected one developaent, the city has decided to treat this eonercial site as a variance or conditional use. The city will address storawater runnff aanageaent as required by the State of Minnesota under the local water aanageaent planning via the ”909” water aanageaent prograa. AN fOUAL OS^OarUNJTV EVPLOVfN E ■ r‘ •H- city Of Shorowood Floxibility Request October 30, 1992 Page (2) Shorevoed has presented its requests for review by OMR with its city staff and representatives of 11 Lake Minnetonka cities who are workina together as a Technical 5?5 thejpurpose ofreviewi . ^ ^_ _ _ _ng and discussing Lake Minnetonka flexibility requests. No probleas with the city's request have been noted at any of those aeetings. As stated earlier, please have appropriate staff review -the proposed flexibility request and, if necessary, provide your oossMnts to se at the address listed above within 49 days. Xf there are any questions, do not hesitate to contact either Brad Mielsen, fhorewood's City Planner at 474-3239, Ceil Strauss of this office at 772-7910, or se at 772-7919. Sincerely, Edward L. Pick Shoreland Hydrologist cc: John Lino Stine, Regional Hydrologist Ogbasghi Sius, Supervisor, Land Use Managesent Unit City Adsinistrator/Clerk fH r'- STATi or ^.DEPARTMENT OF NATURAL RESOURCES Waters, 1200 harner roaj), st. Paul, hn 55106 MOMNO. («12) 772-7916 fiL*NO October 30, 1992 Th« Honorable Barbara Paterson Mayor, City of Orono P.O. Box 164 Crystal Bay, MN 95323 f ! Dear Mayor Peterson: REVZEir AND COMMENT ON CITY OF DEEPHAVEN'S REQUEST FOR FLEXIBILITY FROM STATE OF MINNESOTA'S SHORELAND MANAGEMENT STANDARDS As required by the statewide shoreland Banaqeeent standards, the Conissioner of the Minnesota Departaent of Natural Resources (DNR) and the City of Deephaven are hereby notifying your city of Deephaven's request for flexibility fron the statewide standards as outlined below, and in the enclosure prepared by the city's consultant. In accordance with the rules, the Ceaeissioner and the city eust solicit the input and approval of other govemnental bodies that could be affected or iapacted by the alternate controls. The city and the DNR are asking that your city provi^ its review and consents, if any, to either DNR or the city within 49 days of the date of this letter. If no response is received prior to then, we will assune that your city has no concerns with the neighboring city's proposal. The City of Deephaven is requesting flexibility fron the following statewide standards: 1. Building height, and 2. Inpervious surface coverage. A thorough discussion of this request has been prepared by the city's consultant and is attached for /ou and/or your staff to review. The above requests have been presented by the city's representatives for review and discussion by representatives of 11 Lake Minnetonka citiee who are working together as a TechniMl Review Coeaittee for the purpose of reviewing and discnieeing individual city's flexibility requests affecting Lake Minnetonka. No problems with the city's request have been noted at any of those ■eetings. AN fQyAL owaruNiTv i • t; \ I City of Doophovon Floxibility Roquost Oetobor 30, 1992 Pogo (2) As Btstsd sarlisr, plssss hsvs approprists staff ravisw ths propossd flsxibillty rsqusst and, if nscsss^, ^^5cf coBSsnts to as at ths addrsss listsd abovs within 45 days. If tdisrs ars any qusstions, do not hssitats to contact si^sr Nark Xosglsr, Dssphavsn's planning consultant at 835-9960, Call Strauss ef^is offies at 772-7910, or as at 772-7916. Sincsrsly, Edward L. Pick thorsland Hydrologist Enelosurs ^^sghi%i^?*8upSvisor,"Land^Uss Managsasnt Unit City Adainistrator/Clsrk Hoisington Koegler Group Inc. 1C MEMORANDUM TO: LMCD Technical Review Committee FROM: Mark Koegler, Deephaven Shoreland Consultant DATE: October 16,1992 SUBJECT: Shoreland Management Flexibility Request IvM (§ •licnfiM Thm Qty of DetphAven if approaching full development. At the present time, less than 1% of the land within the community is vacant. Single-fasnily residential is Uui predominate land use in the City and the zoning code defines three residential districts with minimum lot sizes of 20,000, 40,000 and 60,000 square feet. T^ existing land use pattern combined with large lot zoxiing has created a community with vast amounts of open space and natural vegetative cover. The adoption of Deephaven's flexibility in the fbllowi^ areas: LAND USE Deephaven's downtown area is known as Chow«i's Comer. A portion Chowen's Comer totalling to approximately 5 acres lies within die shoreUnd dist of Shavers Lake which is dassifi^ as a Rccrcationai Development water body Deephaven's Shoreland Management Ordinance establishes an overlay zone appUcable to all areas within the 1000* shoreland district All land uses currently allowed under the Zoning Ordinance will be allowed within the shoreland district It is the Qty’s intent to maintain the existing boundaries of the Chowen's Com er commercial area. Accordingly, various commerdal establishments are allowed in the Zrniing Code as either p«initted uses or uses allowed after the issuance « a Spedal Use Permit In some cases, uses Identified in the Zoning Ordinance may require flexibility from State standards. l-ma Um Envixaeinetii * PUoir.nf 2f%:gn |00||r»9lmir»MS MamBHO 554.^ • (6i:){412)SJ)-J160 r[ ie- Deephaven Flexibility Request OctoUi 16,1992 Page Two mJTtnTNG HEIGHT Deephaven currently has maximum residential building height restrictioiw that range from 30 to 40 The Qty utilizes the Uniform Building Code definition for structural height. In reviewing the Shoreland Management Ordinance, the Deephaven Qty Council and Planning Commission were concerned with building height, particularly since the UBC definition allows structures in excess of the maSmum sUted height As a result of that concern, the Qty is proposing to fffab i**** 30 feet as the maximum building height in all residential zones. This will require flexibility from the State standards which stipulate a maximum building height of 25 feet. IMFgR VlOl IS mVFR Deephaven proposes to < ^ply with the State standard of 25% impervious cover in all residential areas. In l corunerdal district, the Shoreland Ordinance will all ow up to 75% impervious cover providing that an adopted stormwater management plan is in place. Without the stormwater management plan, impervious cover will be limited to 25%. SHQREL.tND AREA IMPROVEMENT Deephaven's current Zoning Ordinance contains provisions that in general, far exceed the minimum land use and lot area requirements found in the State fhyiatiH rulss. In addition to those provisions, the Oty is taking a more restrictive position on other shoreland controls sudi as prohibiting waiar-otienle d acce ssory structures and requiring a miiUmum structural setback of 100 feet from Lake Mismetonka's ordinary high water line. ■ M STATI OF Ldepartment of natural resourcesWaters, 1200 warher road, st. paul, mn ssioe monino. («12) 772-791*file NO October 30, 1992 The Honorable Barbara Peterson Mayor, City of Orono P.O. Box 1B4 Crystal Bay, MN 55323 Dear Mayor Peterson: REVIEW AMD COMMENT ON CITY OF EXCELSIOR'S REQUEST FOR FLEXIBILITY FROM STATE OF MINNESOTA'S SHORELANO MANAGEMENT STANDARDS As required by the statewide shoreland nanaqexent standards, the CoBsiissioner of the Minnesota Departnent of Natural Resources (DNR) and the City of Excelsior are hereby notifying your city of Excelsior's request for flexibility fro* the statewide standard as outlined below, and in the enclosure prepared by the city's consultant. In accordance with the rules, the Coaaissioner and the city Bust solicit the input and approval of other govemaental bodies that crrnJd be affected or iapacted by the alternate controls. The city and the DNR are asking that your city provide its rsvisw sMd coswsnts, if sny^ to sithsr DHR or ths city within 45 days of Che cate of this letter. If no response is received prior to then, we will assuae that your city has no concerns with the neighboring c ty's proposal. The City of Excelsior is requesting flexibility froa the following statewide stan^rds: 1. 3. 3. Building heignt. Lot site and width. Application of General Developaent standards to a Recreational Developaent lake, and 4. lapervious surface coverage. Since the city's request is coiqplex, a thorough discussion of this reouest is attached for you and/or your staff to review. The above r^.t. IMV. bMn pr...nt«l by mcl.ior'. r.pr.^t«tiv. for review and discussion by representatives of 11 Lake Minnetonka eitiu who «r. oorklm toqotb-»r u • T.ehnie.1 R.vl.« for ^ne purpose of reviewing and discussing individual city s flexibility requests affecting Lake Minnetonka. No probltts with the city's request have been noted at any of those aeetings. AN EQUAL OneOSTUM^'^ |V»L0'^i‘^ ■A city of Sxcolsior Ploxibility Roquost Oetobor 30, 1992 Pogo (a) AS st«tod oarlior, plosso havo appropriato staff raviav tha proposad flaxibility raquast and, if nacassary, provida your oonanta to as at tha addraos Kstad abo\ . within 49 days. If thara ara any quastions, do not hasitata to contact aithar crag Mithars, ixealsior's city adninistrator at 474-5233, Call Strauss of this offica at 772-7910, or mm at 772-7916. Sinearaly, Idvard L. Pick Shoraland Hydrologist melosura ect John Line S^^Ina, Ragional Hydrologist Ogbasghi Siua, Suparvijor, Land Usa Managanant Unit City Adninistrator/Clark FLEXIBILITY REQUEST SHORELAND MANAGEMENT REGULATIONS CITY OF EXCELSIOR INTRODUCTION Si’S.^000 ?ooV Hhor.l.nd .tV.. Th. characfr o« tt. WO" lot lino downtown has b««n consciously and proudly prassrvsd through ths yaars. For tha most part, tha City's singla faaily naighborhoods wars olattad in aarliar yaars whan narrowar and saallar lots wars vogua, as opposad to currant largar suburban lot sizas. F^er-a aior's racuasts for flaxibility ara basad priMrily upon that tha city is fully davalopad, and that its davalopaant xa 1« noRul in oldar coBmuniti««, radavalopmant «ctiviti«ii tiKT p?«e« in Excalsior fro* tin* to tiao. F** hiStoric ch3f«et«r i* al«o ancouragod in conjunction with radavalopaant projacts. downto%m araa. FLEXIBILITY REQUESTS Kxcalsior's list of flaxibility is prasantad balow. raguasts and a briaf rationala Halaht Limit Stata ragulations l«*5t "u Vs faat*-^siailar ^i*tricts to 25 ^J ‘^^K4ny*buildings in Excalsior's to scat Laka Minnatonka ^ atracturas.shoraland araas axcaad 25 faat, par^^cu^a.x/ Raguast: 35 faat oaxiaun haighc in rasidantUl d-s^-ict instaad of 25 faat. FLEXIBILITY REQUEST SKORELAKD MANAGEMENT REGULATIONS CITY OF EXCELSIOR Page 2 single FaTn?'‘Y Width £o]T iBiniBiu3B Xoti widtii Is 75 £ee'^ conpajred to 70 feet in the City's R-1 One Family. Residential District. Request:70 foot minimum lot width for single family residential lots served by sanitary sewer within GD and RD shorelands. The basis for this request is that the intent of the State regulations is met, the 70 foot pattern is established in Excelsior and creation of non-conforming lots will be avoided. ptiplex Lot Area state regulations for minimum lot area for a two family residential lot is 17,500 square feet compared to 17,000 square feet in the City's R-2 and R-3 Districts. Request:17,000 square feet minimum lot area for non-riparian duplex lots served by sanitary sewer within GD and RD shoreland areas. The basis for this reqi^st is the intent of the State regulatiofw i* 17,000 square foot pattern is established in Excelsior, and creation of non-conforming lots will be avoided. w^ntpuTB Area Averaging The State regulations for minimum .‘®side.ntial lot size is calculated on an individual lot area basis, similar to the city s residential district regulations. Request:Allow State minimum residential lot still satisfies the inrerest of regulations by limiting the total number of lots in a given area. I FLEXIBILITY REQUEST SHORZLAND MANAGIL'-IENT REGULATIONS CITY OF EXCELSIOR Page 3 en Standards for Galpin Lake Galpin Lake and Lake Minnetonka are the only pi:^lic waters in gxcelsior* The south portion of Galpin Lake is located in Shorewood. Galpin Lake outlets to Lake Minnetonka via storm sewers in Excelsior. Lake Minnetonka is classified as a General Development lake and Galpin is a Recreational Development lake; however, the City of Shorewood has apparently regulated Galpin as a General Development water for several years. The development pattern around Galpin Lake in Excelsior is similar to the pattern around Lake Minnetonka. Request:Allow the City of Excelsior to apply General Development Residential Standards to Galpin Lake ■— including minimum lot area and width and building setbacks. Initially, the City considered requesting a change in classification but changed its request to include only residential standards, thereby retaining other desirable DNR standards for Recreational Development likes such as fish stocking of RD lakes and not GD lakes. Tmoervious Surface Coveraca The State standard calls for a maximtim of 25% impervious 3\2rface coverage per lot including buildings, parking lots, driveways, sidewalks, etc. Excelsior's single family residential areas (R-1 and R-2) comply with this standard but its multiple fauaily, public buildings, and commercial areas exceed the standard. The downtown area, in particular, ranges from 75% to 95% coverage. The Hennepin Conservation District assisted the City ^ delineating and measuring existing impervious surface coverages in Excelsior. The existing number of acres in each major land use category together with the percent of impervious coverage is shown below. I FLEXIBILITY REQ^^:ST SHORELAND MANAtJEMENT REGULATIONS CITY OF EXCELSIOR Page 4 IMPERVIOUS SURFACE COVERAGE Excelsior, August 1992 Land Use Cat Density Residenti^i Pnhl_e Buildings Woodland Family Residential Commercial Watland fnOTl TOTAL I ® * Excludes transportation and lakes m 32.7% average impervious coverage 65.2 199.6 Not surprisingly, Excelsior's percent of impervious coverage is hio^her tSi most Lake Minnetonka communities became much of City's commercial development is near ' and because its early platting has narrower/smaller lots many “h.r co^unitiL: For Wayrata al.o ha. »n int.»jly developed downtown area near the lake, but its low density/1 g lot residential areas more than offset the commercial area. Its average coverage is 10 percent. Request:Allow maximum surface coverage of lots as follows. (a) (b) (c) id) Low density residential (R-l# R-2): Multiple dwelling residential (R-3, R-4): Commercial: (B-2, B-3, B-4): (B-1): Public buildings: 25% 40% 90% 100% 50% on site by retention basins or other acceptable means such as flat rooftops and parking lots with built-in basins. i FLEXIBILITY REQUEST SHORELAND MANAGEMENT REGULATIONS CITY OF EXCELSIOR Page 5 Th« basis lor the above request is reco^ition of ihe existing historic pattern charaetSCity's desire to preserve such historic character. Hhile no large scale redevelopment activities are the City anticipates and encourages incremental redevelopment activities which are compatible with its historic character. i M PHONE NO. STATE OF Nl M d S © ^DEPARTMENT OF NATURAL RESOURCES •waters, 1200 WARNER ROAD, ST. PAUL, MN 55106 (612) 772-7916 FILE NO October 30, 1992 The Honorable Barbara Peterson Mayor, City of Orono P.O. Box 164 Crystal Bay, MN 55323 Dear Mayor Peterson: REVIEW AND COMMENT ON CITY OF GREENWOOD'S REQUEST FOR FLEXIBILITY FROM STATE OF MINNESOTA'S SHORELAND MANAGEMENT STANDARDS required by the statewide shoreland nanaqenent standards, the Commissioner of the Minnesota Department of Natural Resources (DNR) and the City of Greenwood are hereby notifying your city of Greenwood's request for flexibility from the statewide standards as outlined below, and in the enclosure prepared by the city's consultant. In accordance with the rules, the Commissioner and the city must solicit the input and approval of other goveriunertal bodies that could be affected or impacted by the alternate controls. The city and the DNR are asking that your city provide its review and comments, if any, to either DNR or the city within 45 days of the date of this letter. If no response is received prior to then, we will assxime that your city has no concerns with the neighboring city's proposal. The City of Greenwood is requesting flexibility from the following statewide standards: 1. Building height, and 2. Impervious surface coverage. A discussion of this request has been prepared by the city attorney and is attached for you and/or your staff to review. The above requests have been presented by the city attwa.ney for review and discussion by representatives of 11 Lake Minnetonka cities who are working together as a Technical Review Committee for the purpose of reviewing and discussing individual city's flexibility requests affecting Lake Minnetonka. No problems with the city's request have been noted at any of those meetings. AN EQUAL OPPORTUNITY 6V=LOt't.R i d city of Greenwood Flexibility Request October 30, 1992 Page (2) As stated earlier, please have appropriate staff review the proposed flexibility request and, if necessary, provide your conaents to me at the address listed above within 45 days. If 02^0 any auastions $ do no^ hasitato to contact aitiiar F^ai^ Kelly, Greenwood's city attorney at 474-5977, Ceil Strauss of this office at 772-7910, or me at 772-7916. Sincerely, Edward L. Pick Shore land Hydrologist Enclosure cc:John Line Stine, Regional Hydrologist Ogbazghi Sium, Supervisor, Land Use Management Unit City Administrator/Clerk ; f 1 \On Lake Minnetonka i • • .* •• • « - - . - i I ■' , - • ^ - A ^ ’ * .*> . V ••• ••••■»» ••• *•• «_v• A * -•*<• • •• ?• •• I ... •. .. • t* «• •• • » • • TW'.*— ' '*• • • • '**• • . s:r'— . ' • • • • ■•, • •• •■« ** *•••» • • . . '.■ * * .*; .: • - MEMORANDUM r^:.- ..• r ~ . * " ■« • '• • • •- I ■ I . . . - — , # « • •• • • • ■ * . f*. •• .* ’ • I••. - *■* ••.• • . . •• r* *: A • ^ — :• r.*--? r... ,t.. .i • TO:LMCD TECHNICAL REVIEW COMMITTEE FROM:Alan M. Albrecht, Mayor of Greenwood DATE: RE: October 19, 1992 .. I Greenwood Shoreland Management Request V •• « The City of Greenwood does request "flexibility fo Standards in the following area: Shoreland • -w it . •»*%• .•. — » • • • • • t* - • -• ' ■ 1. Impervious surface coverage . • .^w-:V. • -.Building Height . * - :• ~ •:f^T-flif»nwQQ*d-• aX^houcrli ’.onlY lincorpoiTfttcd .ss. a city :V- • • e • I ■ fair to say that approximately 90% of all of * thlt^thSlots were platted in the nineteenth century.- This means that - lakeshore is . largely made up of . lots of less feet. . . .• ■- .- t •"T <•« • •••. . . .. . . • • i -■ > - .* * .7ir \‘t rp^^-xavrr ‘r x^ji - - 15»000, and 51 or 32.25% are under 12,000 square fe«^* ^ riparian lots in Greenwood out of 158 or 38.67 are 20,000 square fee- or more in size. Almost all of these properties are single famx-y . residential. m • 9 m CITY OF GREENWOOD • 20225 Cottagewood Road • Excels.or. Minnesota 55231 • (612)474-4755 ••• • . -2- - • r • .1 • • . i % » • • <•. • • What this means is that lakeshore land, which is extremely valuable, due to its access to roads and highways serving Minneapolis and Hennepin County, h'as had to be carefully developed to permit -a ■ house commensurate with the land value to be built on that platted lot. Actually Greenwood is in its third stage of redevelopment. ..Lots • are being purchased to remove existing structures so that new and ,1*.: . modern homes can replace them. In such case two problems occur — _ _ ^ ’ "-both of which raquire flexibility exceptions from DNR regulations as ;.-rc. ■ follows: ; ‘ • . . • . . « . . . . . - . 7*. • • • . i* • . • . • .. -.J^ -r* . ^ ^ 1) . Height limitations • ‘ a. - Our present regulations allow . for a . - : 7” residential height of 30 feet , we •.. . have worked to k ep this limitation below the maximum. However, we believe that in some cases in our city a 30 foot height is not only appropriate, but is necessary to permit • the property to be redeveloped. \•rl». I M U I 2) Impervious Surface Coverage 5• • •• ... •j| • ;-T * O « •• - • I • V .. .., ;SvlC*--v • < ••• * ■ ^ ■».* I • •,, L— • •• • . «..* ■... .•.•*.•.■M.WU •• - • -.-'.i-iV--;.-.'. *• . •• •1*‘ I ■ • * • • • e. * • ,*i* •*• . . - h..—.... - -.hr ..• • • •• • • « I Small lots which require high value structures are generally -of the same basic size as structures located on lots of 15,000 to 20,000 square feet. Modern living requires larget. garages -- turn around for'cars.’ . All/of-this adds up * to r more coverage .* '• *7 We have flexibility ; because situation ’. -requires •• — allowance " of ^'30% '^with /al right to l./vs. expand the same to ?40f;aa -set out in •*; ^ our ordinance." •- ........ • ---— •V :*4c • Iir .i. I .1. I . i • . • > .M, .• • ... . • ^ • • • • , . ..•• • ••■t. ’ ^ •* ."i*. You should know that since we ;have been ' the minimum lot size for riparian P^°Pfland ’.'is 20.000 square feet. .This was historically w ’ from improper and overcrowding development. We believe this ^ L.r.- ■: s'?ric.\V„V ;• i • .* • • -.An- • • • • . .•**• -r- -3- fv- The City of Greenwood is committed to encouraging only the best i .' ••in property redevelopment. It feels the request for flexibility as _ A- ^_ _M ^ s' 1 i-iaiT-t- ♦“h’l Q r^r^mmS ^ •• • r . I*•• f •• ' set forth herein is a vital part of this commitment Thank you for your c.msideration of our request • - 4-*‘ V; .... . V. • • . -f • • • •i • ALAN M. ALBRECHT *. ■ f •*. • i» j*' * •• • v-* V* ^ • ** V* • • > V • * *•* ••. ... .. - • • • ' • • • •; Mayor. City of Greenwood ..•; •. »\ • •• • •*i .•.-••••:. i- • ■ • • • •••• .. .. ••• . I .* M • • SEE ATTACHED EXHIBIT •I % .• V. • ••a • «e « • • •• » -*• 4 -2y‘ • !• V • • •• • a . •• I**' . .*•■•..^•..44;' r!*.;•?• . - • . •*.- - • •• * .***** --------. ^ AAA • A • • a • # * • « • « .-.w- w* ♦ . —•*. *.•-«» r-4.— ... ,••• . . .. • • • •. •• : .• i-r.' • r. *« • • • • * *.*'•• * •* *,' *.4P A* •* W Jif ^ ••'*4 . ■ ‘to’ >|-v A * • r. !*w r-.... j V : -" s^‘1; r*v . ^ ^ m ■0' r '• •• •. Vr.* • - . • ^ .. •• .«. .». -•. ••• A • •• - , . » -u—........ •’V .<• •• ”* rI* • . ’• * ^ ^ •.* ” iv,« ***•"•<»/*-r . Til * • -•—•’* Z..S i.-l- • ------ ---------- •• • MAA r*t »• * • * • n •• —- - .—v'irrc; v» *T." •• •*' - t'.*« ■•' ■ : * ■. *• *■/ V, . V-. - . .-W. . •* • •* • •• . ••• • .• z»l <*• • " •** •'f ■ *» ! • . • . * - » •*—* ? a-- 0 •m •. • • TSr ’• •. :y i.- . z** • • •* N. ' . • *• •. . i • . • «*» •• • •a • • • •• • « f. •. . • -a.*- . '•J- Jr 1- v;. •* • •• *V. ■ -• ** • A S 1/2 SEC.26. T.117, R.23 • .* •r %■ a Color ...... .. Red So . Footaqe t{o. of Lots 8 • .500 m e - Under : i,- .7.: Green 8•,501 to 12,000 .9 • Yellow •12,001.to 15,500 -X2 . Orange ;i5 ,501 to 20,000 —* . ■ 9 - - 7 - . •. - ♦ • .* . • 1e • • .a • - * * • • ■■ •• ■. *• •• ; • Brown 20,ooi-.r Over .; 27 ■••••••: No. of Lots Over 15.000 \ . ♦ JP - *\* ■ '• • ,• ^ .-***•. ^;*r ».••*. '?•#..-4^ ^ • • * -IV-i.X “1/:. .1.-i . ■« •• • •* ? %r#Vi ?/ * •* *- r ^ ■ •• • •• • ?*\« :t-r- • •• m ■ A V « • ^ • mm* »• * ---------•'.:Blue : • - rPublic • - *•••... •• •**•'•. t . • * *'“ .• N 1/2 SEC.26. T.117, R-23 Red ■ .* ■ * ^ ;• Green . • Yellow ' Orange • Brown Blue • w * 8.500 - Under » 8.501 to 12.000 12.001 to 15,500 • •• • • 15‘,'501 to '20,000 ■ ' 20.001 - Over Public 12 4 3 2 i3 0 ^ *. •t *• *< • •. *v . ’: *7* “• r* • • 7‘*. . • • * • • . . ^ •* *f fW >■ .*• #• ■ . > \ ep « * , • •, ... r. ■ V *.•’* ‘ /• m m'** »*.»*• *. 1 •.2 ^ «•• •••* X* • : ' • . . •' *. ... > ■ ‘ {• >v.•• . * . v.. .-r .*** • •. : 158 Lots Total .; - r-~- - > ‘ ' '■ *-'••*'• - - I-"- ii-:. 72 Lota under 15.000 aq. feet -- 45.57%.are non-confoCTing lots. Sl Lota'under 12,000 sq. feet — 32.28% are non-confotming lots^ * 61 Lots Over 20,000. sq. feet .38.61% of total. • —* ^ • - ,u .. * *• T .• * • '-V. * ■? 11 • • •' 8!?. t i ’••'1\• MM«... . \ . . •••M ‘^mm‘ ••X , w : «*'♦ V* ■1a '55g • s .j________i_ —jn.....h^ > 6*. « V VIU.fc- -------------------- 31 - M imw #r ■L. ■ l:m •=A % KK U \[ B|-‘ V'JJ -^mm i HI’' H 3 tW2tl5vc\iihW?«; m5:k^« -r'Ti: .v.^KK -r-Ti: 1- (M*<l I o yx^ /"7 •• • • •• i M W^ 1^ W ^ stiS: .. P «■M^'»«». _M( *1 .V • . ,. p. 4U,>U. iWi • I•«4I9»« atCM [r*/*•*. .j ss-!%S* • *• ^ • S ii ♦ I# ^1 •J: *1 . .g->l. 5 i e ■ Bonestroo Rosene Anderlik & Associates Engineers & Architects November 18, 1992 City of Orono 1335 Brown Road Crystal Bay, MN 55323 Attn:Mr. John Gerhardson Public Works Director Ono G 8one*,:*DC RODfn W PE • JOieOA C Aroer k P£ L Sorvjij PE E Turrer *»E G*e<in R Cooi PE Thomji E NC)^J. o£ Rcocn G Schun<r^L PE Sown M EDenm CPA •Sen<y Ccnui tart Howvana A UrforS *»£ *Ce*th A GofOOn PE Rooe^ R Pitffene P£ R<rijr3 ‘^E DjvkJO LOi^ota PE PoOf't C Puiie^ A A ^erry A Bounscn PE .Vtjffc A Hanion PE M<nje« T Rautrnarn P£ >0 A r<i(3 P£ r^cr^Jl p A^Cf'^n A I A OCt'VAid C Bur^aro. PE 'homas E Angus. P£ I fTiaoi P£ P pju PE M Pn^ A iC P Thcr'js vV PptCTOn PE C Ly’X'' PE Jar^fs P Va an<3 P£ ;e^r, 0 PE Aerrern p Arcencn PE Mau P POJs P£ .Mark A ><o PE Ga^' W \tOTien PE Oa''*^ J Ecgerc<^ pe Oaryi K iCrfVfWvnan PE P^rtO J Ca Ma<k o Waoil Vhppman i % 8 je*^ien PE L P**?*! P Grav^ II PE KJTT L Wefnen PE Gary O <rs:c'tt PE P TchJJ Potte' PE *rin 9 Vacp PE Sna/wn C Guira'son I Cec lo PE Chares A Enckscn LfO M PatA^Siry Hjfjn V O SC" Jamei P E^^narcr /O % ^ % Re:Stubbs Bay Sanitary Sewer Improvements File No. 13937 Dear Mr. Gerhardson: Please find enclosed three (3) copies of Request for Payment No, 4 for the above mentioned project for your further handling. This portion of the work has been satisfactorily completed and we recommend payment at this time. Upon approval, we suggest the following distribution: 1 copy - 1 copy - 1 copy - City Bonestroo PCI with payment Should you have any questions, please feel free to call. Yours very truly, BONESJROO, I^SENE, ANDERLIK & ASSOCIATES, INC. Harlan M. Olson HMO:pah:enc I3937.COR 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 K^ Bontsiroo ABitnt AndttUk A AsiociaM A ^tftwn t«. Owner City of Orono, 1335 Brown Road, Crystal Hay, MN 55232 l*or Period October 13, 1092 to November 18, 1992 Contractor Progressive Contractors, tne., 8736 Zachaiy Unc. Osseo, MN 55369 Date November 18, 199 Request No. 4 lUiOUliS'r l-OK PAYMIiNT Stubbs Hay Sanitary Sewer Improvements Tile Ni>. 13937 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order • Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage S% 9 Sub-Total 10 Less Amount Paid Previously 11 AMOUirr DUO this RCQUEST FOR PAYMENT NO. Recommended for Approval by: NliSniOO. ROSENU, AI^ERLIK & ASSOCIA'IES, INC. $ S 9,390.00 $1.480,331.9- $1,489.721.9: $1,020,904.6. $0.01 s 1,020,904.9. $51,045.2. $%9,859.3' $694,443.9.' s 275,415.41 I Approved by Cor tractor: PROGRESSIVE COmilACrORS, INC. Approved by Owner: CriY OF ORONO. MN Specified Contract Completion Dale: OrroHtiR 15, 1992; July 31, 1993 Dale:. I I39.»7.RPI» Ilcm Unit Conlrad Ounlily Unit l*ncB Ouaoiily Tu Dale Amt HI 01 Tu Dale BASn niD » Slubhs Bay Northwest. Stubbs Ftay Nortlioasl. aud Ravside Rast Part A • Saniiarv Sewer 1 8" PVC, SDR 35. 0’-8 ’ deep fn place 2 8" PVC. SDR 35. 8 ’*10’ deep iu place 3 8" PVC. SDR 35. 10’ I2* deep in pbee 4 8" PVC. SDR 35. 12 -14' deep iu place 5 8" PVC. SDR 35. 14'-16' deep iu pl.ice 6 8- PVC. SDR 26. 8'-IO' deep in place 7 8" PVC. SDR 26. I O'-12' deep iu place 8 8 “ PVC. SDR 26. 12'-14' deep iu place 9 8" PVC. SDR 26. 14'-16' deep iu place 10 8* PVC. SDR 26. I6 ‘-18' deep iu place 11 8" PVC. SDR 26. 18'-20' deep in place 12 8- PVC. SDR 26. 20'-22' deep in place 13 8 ’ DIP. 8'-IO' deep iu place 14 8* DIP. 10 -12' deep iu place 15 8" DIP. 12 -14’ deep in place 16 10" PVC. SDR 35. 0'-8' deep iu |>lace 17 10" PVC. SDR 35. 8'-10 .cep in pl.ice 18 10- PVC. SDR 35. 10'-12’ deep iu place 19 10* PVC. SDR 35. 12'-I4' deep in place 20 10" PVC SDR 35. 14’-16' deep iu place 21 10" PVC. SDR 26. 12'-14' deep in place 22 10" PVC. SDR 26. 14'-I6' deep in place 23 10" PVC. SDR 26. 16'-18' deep iu place 24 10" PVC. SDR 26. 18'-20' deep in place 15 10" DIP. 14’-16’ deep iu place 26 Sid. MH 8 ’ dp.. 4’ dia.. w/R 16421) csig. 27 MH depth greater than 8' deep 28 8" DIP. t jlside drop 29 6- PVC. SDR 21. force uiaiu 30 Jack or auger 6" PVC. SDR 21 force main 31 4" PVC. SDR 21. force inaiu 32 Air rele.ase maubote 33 Rock slabilizaliou 13937.UrP LF 615 14.00 680 92520.00 LF 1.775 14.00 1.750 24.500.00 LF 1.175 15.00 1.0.50 15.750.00 U* 225 16.00 186 2.976.00 LF 230 17.50 230 4.015.00 LF 55 15.00 40 600.00 LF 115 16.00 100 1.600.00 LF 355 17.00 332 5.644.00 U-300 18..50 286 5191.00 U 310 20.00 291 5.820.00 LF 315 23.00 288 6.624.00 LF 115 27.00 90 2.430.00 LI-120 2100 60 1120.00 LI-.30 23.00 40 920.00 LF 35 24.00 35 840.00 U-415 I5..50 483 7,486.50 Ll-1.10 15.50 I2U 1.860.00 LF 105 16.50 98 1.617.00 LF 340 18.00 307 5126.00 LF 1.35 19.50 131 21.54.50 U-245 19.00 222 4.218.00 LF 440 20.50 391 8.0I5..50 LI-405 23.00 376 8.648.00 LI-40 27.00 30 810.00 IJ-30 31..50 2J 630.00 FA 36 U.50.00 36 48.600.00 LF 140 90.00 132 11.880.00 LF 25 250.00 19.2 4.800.00 LF 900 11.00 180 1.980.00 LI-60 1.30.00 60 7.800.00 IJ-2.800 10.00 2.675 26750.00 FA 1 2.000.00 IN 500 11.10 331.12 3.675.43 UP-1 L. 1 IlCID Unit Quantity Price To Date I'o Qalc34 Couucct 6'' VVC iuto cxisliug mauholc 1:A 1 400.00 1 400.00 35 8'*x4'* PVC service \^yc branch ru\85 60.00 84 5.040.00 36 4'* PVC service pipe in place LF 2.100 11..50 1.9.50 22.425.00 37 4” PVC service riser pipe iu place LF 100 11..50 78 897.00 38 Improved pipe fdu. iu 6" increuieui depili LF 24.000 1.40 17.500 24.500.00 39 Mechanical trench compaction LF'14.875 1.00 I2..121 12.321.00 40 Detour per detail 1^1 6.000 00 1 6.000.00 41 Insulation SY 300 20.00 42 Sanitary sewer television inspection LF 8.075 0.60 43 Access manhole (Addendum 2)llA 1 1.500.00 1 1 son on Total Part A • Sanitary Sewer S307.793.93 Part B - Restoration 44 Bituminous surfacing removal SY 11.000 1.75 10,000 17.500.00 45 Couunon excavatioii CY 6,000 3.70 5.800 21.460.00 46 CL 5 aggregate base (100% crushed)TN 7,800 8.50 10.126.3 86.073.55 47 ^L 2e aggregate shouldering TN 400 12.50 507J 6J41.25 48 Ty|>e 31 bituminous base cou;-*;e TN 1.40U 14.50 502.72 7.289.44 49 Type 41 bituminous binder course IN 450 15.00 588.25 8.823.75 50 Type 41 bituminous wearing course TN 1,000 16.00 23 368.00 51 AC-1 bituminous material for mix TN 167 120.00 61.26 7J51.20 52 Bituminous material for lack coat GL 1.200 IJO 100 130.00 S3 Bituminous material for seal coat GL 1.400 3.00 54 FA*3 seal coat aggregate (CL A) in pL IN 70 50.00 55 Bituminous material for patching SY 1.000 22.00 181 3.982.00 56 12" RCP. Class 3 in place LF 1.50 17.50 57 18" RCP. Class 3 in place LF 75 20.50 58 24" RCP, Chess 3 in place u-50 25.90 59 36" RCP. Class 3 in place LF 40 48.45 60 12” RCP Hared end in place FA 10 365.00 61 18* RCl’ Hared end iu place FA 4 410.00 62 24" RCP Hared end w/trasb guard iu pi.FA 2 1.005.00 63 36" RCP Hared end w/trash guard iu pi.llA 2 1.660.00 64 Mechanical trench coiiipactitm U'315 1.00 65 Impr. pipe fdu. oi 6" iucrcnivnt slepth LF 300 2.00 66 Remove existing CMP culvert LI 315 3.00 2ti0 780.00 ilcm 67 Filler bbukcl iu place 68 Riprap. CL III io place 69 Tree rcuiovul 70 Sod with 4” topsoil 71 Seed w/to|>soil, uiulcb & fertilizer 72 Erosion control fence 73 Wood fiber blanket 74 Farnisb and plant Evergreen tree (Blue Spruce) 6’ bigb 75 Furnish and plant shade tree (Sugar Maple) 4’ diameter 76 Remove & repl. wood or ebaiu link fence 77 Remove &. transplant bushes 78 Remove & transpbnl tree -> Oesiduous 79 Remove & irausplaul tree - Couiferous 80 Geolcxiile fabric (Addendum 2) Total Part U • Restoration Uoit Con (net Ouaniiiy Unit Price Otuiitily To Dale Amouiil *1*0 Dale SY 200 2.50 SY 200 45.00 EA 175 125.00 151 18.875.00 SY 14.000 2.00 2.475 4.950.00 AC 4 800.00 1.5 uoo.oo :j!00 2'H)300 600.00 SY L500 1.10 1.240 UM.OO EA 6 350.00 EA 6 350.00 LF 600 10.00 EA 12 50.00 EA 12 100.00 EA 12 100.00 SY 15.000 L50 I3..500 _2(U51L00 S207J38.I9 Part C » IJft Station #1 - West l.;ikc St. 81 Lift Slaliou No. I Total Part C - Uft Sta. # 1 • W Lake St. LS 60.400.00 65% 10 ni> $39,260.00 Part D • l.ift Station #2 • Tonka Avenue 82 Lift Station No. 2 Total Part D • Lift Sta. # 2 • Tonka Av LS 50.350.00 60%JlUiOiHL $30 10.00 Total Part A - Sanitary Sewer Total Part B • Restoration Total Part C * LS. # I • West Lake St. Total Part D - LS. #2 - Tonka Avenue TOTAl. BASE 307.793.93 207J38.19 39.260.00 in '»tnnn $.584.60X12 AI TERNATT- NO. I • BI-PI-RWOOn Part A - Sanitary .Sewer 83 8" PVC. SOU .35. 0 ’-8* deep in place 84 8" PVC. SDR 35. 8’-IO* deep iu place I.F LI- 6X5 405 1.3.00 13.00 527 400 6.851.00 5.200 00 13937 RIP RP.3 Item 85 8" PVC. SDR 35. 10’-12’ deep iu place 86 8" PVC. SDR 35. 12 -14 ’ deep in place 87 S* PVC. SDR 35. 14 ’-16’ deep iu place 88 8" PVC. SDR 26.0’-8 ’ deep iu place 89 8" PVC. SDR 26. 8 ’-10’ deep iu place 90 8" PVC. SDR 26. 10 -12’ deep in place 91 8" PVC. SDR 26. 12’-14 ’ deep iu place 92 8" PVC. SDR 26. 14 ’-15 ’ deep in place 93 8" PVC. SDR 26. 16 -18' deep iu place 94 8" PVC. SDR 26. 18 ’-20’ deep in place 95 8" PVC. SDR 26. 20'-22’ deep iu place 96 8 ” DIP. 8 ’-10’ deep in place 97 8" DIP. 10’-12’ deep in place 98 Sid. MH 8 ’ dp.. 4 ’ dia.. w/RI642H csig. 99 Manhole depth greater than 8 ’ deep 100 4" PVC. SDR 21. force main 101 8" X 4" PVC service wye branch 102 4" PVC service pipe iu place 103 4* PVC service riser pipe iu place 104 Mechanical trench conipacliou 105 Improved pipe fdu. iu 6” increiiieni depth 106 Rock stabilization 107 Sanitary sewer television inspection Total Part A - Sanitary Sewer Part B - Restoration Cun tract Unit Ouantity Amount Unil Ouantity Price I'o Dale lb Date u-170 14.00 160 2J140.00 u-25 15.50 10 155.00 LF 20 17.00 10 170.00 LF 25 14.00 30 420.00 LF 50 14.00 60 840.00 LF 30 14.00 30 420.00 LF 15 15.00 30 4.50.00 IJ-165 16.50 175 2.C87.50 u-215 18.00 200 3.600.00 U-30 2100 20 440.00 LF 50 26.00 40 1.040.00 U-20 20.00 l-F 20 20.00 2C 400.00 FJV 10 U50.00 10 13.500.00 U'28 90.00 21 1.890.00 LF 70 15.00 EA 13 60.00 12 720.00 LI-460 15.00 310 4.650.00 U-40 1.5.00 20 300.00 IJ-2.415 LOO 2.022 •* 22.00 LF 4.000 1250 t ..jO.OO IN 100 LI-1.888 S50.745.50 108 Biluuiiuous rcuioval SY 1.100 2.00 950 1.900.00 109 CoouiioD cxcavaliou CY 500 5.70 400 2J80.00 110 Class 5 aggregate base (lOO^r crushed)TN 700 9.00 700 6J00.00 111 Type 31 bituminous b;isc course IN 200 19.00 112 l>pc 41 bituminous binder course IN 10 23.00 in Ty|H: 41 bituminous wearing course TN 1.50 20.00 114 ^ * bituminous iiialcrud for mix IN 19 120.00 115 B* utnioous material for tack GL 250 1 50 116 Tree rcuioval I-A 50 115.00 50 6Z‘''-UXJ 117 Hituiniuous material lor pnlcliing SY 5(H)2100 I39.t7.R| I*RP-4 Cawlracl Uoit Ouaoiity /\nMMial No. Item Ufiii Ouaniiiy IVks lb Dale To Dale 118 Sod with 4 ” loi»oU SY 3J500 2.00 119 Seed w/lo|)soil. uiulcb Sl fertilizer AC 1.0 800.00 120 Geolextilc fabric (Addcuduui 2)SY l.IOO 1.50 1.000 __- I.5UU.00— Total Part B • Restoration S18J130.00 Part C • Lif^Stalioi^#3 I2I Lift Station No. 3 LS 1 40.450.00 50%■»n Total Part C • Uft Sla. #3 S20.225.00 Total Part A • Sanitary Sewer 50.745.50 Total Part B • Restoration 18.230.00 Total Part C • Lift Sta. 3 • Beilerwood -*n ■»”»< on TOTAL ALTERNATE NO. 1 - BEDERWOOD $89,200.50 ALTERNATE NO. 2 • BAYSIDE NORTH Psirt A • Sauilarv Sewer 122 8’ PVC. SDR 3.5. 0*-8’ tieep in place IJ-140 13.00 123 8‘ PVC. SDR 35. 8'-10 ’ deep in place U'225 13.00 124 8'' PVC. SDR 35. 10 ’-12 ’ deep in place 1.1-85 14.00 125 8- PVC. SDR 35. I2* I4* d^ep in place i.r 225 15..50 126 Sid. MH 8' dp.. 4' dia.. W/RI642B csig.llA 3 IJ.50.00 127 Manliolc depth greater than 8’ deep LF 6 90.00 128 8” DIP. outside drop IJ-6.5 250.00 120 8* « 4" PVC service wye branch EA 6 60.00 130 4 ” PVC service pipe in place U-105 15.00 131 4 ” PVC service riser pipe in place IF 10 15.00 132 Improved pi|)e fdo. in 6” .ucreuicul de|ilb l.l-500 2.00 1.33 Mechanical trench conipaclHiu IJ-810 1.00 134 Sanitaiy sewer television inspection (Addenduui 2)IJ-675 0.65 Total Part A ■ Sanitary Sewer $0.00 Part B • Restoration 135 Tree removal FA 50 115.00 136 SiiJ wiih 4" lofisoil SY 2.000 2.00 l3«7RrP Kl* ^ I Contract Unit Quontily AmtHinl lo. Ilc«Unit OuMiiiy Price To Dm 1b Dale 137 Seed with lo|isoiI, uiulcb & fcrlilv-cr AC 0.5 800.00 Total Pari B - Rcsloralioo S0.00 Total Part A - Sanitary Sewer 0.00 Total Part B • Restoration _________0J)O.. TOTAL ALTERNATE NO. 2 • BAYSIDl: NOU IM $0.00 ALTERNATE NO. 3 - CYONET PU\CE Part A - Sanitary Sewer 138 8 ‘ PVC. SDR 3S. 0’-8 ’ deep iu place U-400 1100 400 4.800.00 139 8 ’ PVC. SDR 35. 8*-10’ Jeep io place IS 2'*'’1100 220 1640.00 140 8* PVC. SDR 35. Kr-ir deep in place LF 335 13.00 310 4/)30.00 141 8" PVC. SDR 35. 12’-14 ’ deep in place LF 235 14.00 235 330.00 142 8" PVC. SDR 35. 14 ’-16’ deep in place U-50 L5.50 30 465.00 143 8* PVC. SDR 26. 0’-8 ’ deep in piacc IF 25 13.00 10 130.00 144 8* PVC. SDR 26. 8 ’-IO’ deep iv place LF 65 13.00 40 520.00 14S 8* PVC. SDR 26. 10’-12’ deep in place U*75 14.00 60 840.00 146 8" PVC SDR 26. 12’-I4 ’ deep in place LF 280 15.00 260 3.900.00 147 8 ’ PVC. .jo. 14 ’-16’ deep in place LF 735 I6..50 700 1 U5.50.00 148 8* PVC. SDR 26. .6 -18 ’ deep in place LI-8X5 18.00 850 I5JU0.00 149 8 ” PVC. SDR 26. 18 ’-20’ deep io place u-440 20.00 430 8.600.00 ISO 8" PVC. SDR 26. 20’-22’ deep in place U-120 23.00 110 1530.00 151 8* PVC. SDR 26. 22’-24 ’deep in place U-135 2600 120 3.120.00 152 8" PVC SDR 26. 24 ’-26’ deep in place u-145 29.00 125 3.625.00 IS3 8 ” PVC. SDR 26. 26 -28 ’ deep in place U-175 3100 150 4.800.00 IS4 8* PVC. SDR 26. 28 ’-30’ deep in place LI-170 38.00 1.50 S.700.00 IS5 Sid. MH 8 ’ dp.. 4 ’ dia.. w/R1642B csig.EA 18 U50.00 18 24JOO.OO IS6 Mauliolc depth greater than 8 ’ deep LI’I.IK 90.00 124 11.160.00 157 8* DIP. outside drop LF 5.2 250.00 4-5 LI2S.Q0 1.58 8* X 4* PVC service wye branch EA 34 60.00 34 2.040.00 IS9 4* PVC service pipe in place LI-1.0.50 1100 975 11.700.00 160 4* PVC service riser pipe in place IJ-1-50 1100 75 900.00 161 Improved pipe fdn. 6* increment depth u-7.500 1.75 5.870 10.27150 162 Mechanical trench compaction LI-5_545 1.00 5.170 5.170.00 163 Sanitary sewer televtsiou laspcctiOD LI-4.4 ‘tS 0.65 . Total rart A - Sanitary Sewer S142-507..50 139J7 HI P UP 6 licm Unit CtMlracl Qumiiiy Unit ftioc Uuitiiliiy 'lu D^ilc AoMNia: 'I'm D^Ii: P;ul B • Resloration 164 Remove extsliug biluminous 165 CommoE cxcuvalion 166 Class S agf regale base (100'^ crushed) 167 Type 31 bituminous base course 168 Type 41 biluminous wearing course 169 AC-1 biluminous material for mix 170 Bituoiinous nialerial for lack coal 171 Bituminous material for palcbiog 172 12'RCr. Class 5 in place 173 15” RCP. Clan 4 in place 174 18* RCP. Clan 4 in place 175 33 ” RCP. Clan 3 in place 176 48” RCP. Clan 3 in place 177 12” RCP flared eud in place 178 15” RCP Hared cud in place 179 18” RCP Hared end in place 180 33* RCP flared end w/lrasb guard in pi. 181 48* RCP Hared end w/trasb guard in pi. 182 Mechanical trench compaction 183 Impr. pipe fdo. in 6* incrcmcnl depth 184 Remove existing CMP culvert 185 Filler blanket in place 186 Riprap in place 187 Tree removal 188 Sod with 4” Io|moU 189 Seed with topsoil, mukb & fertdizer 190 Cieolexiilc fabric (Addendum 2) Total Part B - Rcsioraliuu Total Part A • Sanitary Sewer Total Part B • Rcsioralion TOTAL AL71:UNATI- NO. 3 • (Tt'.Nrr PI ACF. SY CY IN TN TN TN OL SY U- LF LF LF LF EA UA LA CA EA U U LI SY CY l-A SY AC SY I W37 Ul P RP-7 10.800 4.500 6.000 1.500 IJOO 160 750 .300 300 30 75 100 80 12 2 4 ■* 2 495 400 495 25 50 15 7.500 2.0 5.500 1.80 4.40 8.50 14.50 15.50 120.00 1.50 22.00 17..50 19.00 21.00 33.00 81.00 365.00 390.00 410.00 2.500.00 2.665.00 LOO 2.00 3.00 2.50 50.00 115.00 2.00 800.00 1.50 9.780 4J00 6.000 70 80 •>*• 2 150 150 150 17.604.00 18.920.00 51.000.00 2 J 10.00 6.480.00 5.000.00 5J30.00 L50.00 300.00 750.00 1.625.00 7 stmnn $116969.00 142.507.50 t I6uwimi $r.9.47650 CiNitnict Unit Ouanliiy AnMNinl loi Itca Unit Ouaiility l>rioe To Dale To Dale ALTRRNATK NO. 5 - OXFORD ROAD Part A • Sanitary Sewer 191 8" PVC. SDR 35. 10’-12' deep in place u-675 13.00 715 9.295.00 192 8’ PVC. SDR 35. 12'-14' deep in place LI-400 14.50 413 5.988.50 193 8" PVC. SCR 3.V 14 -16' deep in place LF 1.50 17.00 140 2J80.00 194 8” PVC. SDR 35. 16'-18' deep in place 1.1-200 20.00 179 32! 80.00 19S Std. MH 8' dp.. V dia.. w/RI642B oitg.FA 5 U50.00 5 6.750.00 196 MH depth greater than 8' deep IJ-28 90.00 24 2.160.00 197 8*^4* PVC service wye brancii liA 12 nO.OO 13 780.00 198 4” PVC service pipe in place LF 500 1100 390 4.680.00 199 4" PVC service riser pipe in place LI-40 1100 25 300.00 200 Improved pipe fdn. i 6* iocrenienl depi'i LI*2.000 2.00 1.447 2.894.00 201 Mccbanical trench compaction LF 1.925 1.00 1.837 1,837.00 202 Saailary sewer televisioo inspection U-1.415 0.65 Total Part A • Sanitary Sewer $40,644.50 Part R • Restoration 203 Biliioiinotts surfacing removal SY 4.i00 2.00 3.960 7.920.00 204 CcMunoa excavation CY 1.600 4.60 1.510 6.946.00 205 CL 5 aggregate base (100% crushed)IN 2J00 8J0 2J150 19,125.00 206 Type 31 bituminous base course TN 400 16.00 207 Type 41 bituminons wearing course 1T4 300 18.00 206 AC-1 bitnminoui material for mix IN 42 120.00 209 Bitumioous material for tack coal (JL 235 1-50 210 Bituminoiu material for patching SY 150 2100 211 Tice removal FA 3 125.00 212 Sc-i< wil^ 4* topsoil SY 4.000 2.00 213 Seed w/topsoil, mulch A fertilizer AC 0.5 800.00 214 Erusioa control .ence IF 200 2.00 2IS Geotcxlde fabric (Addendum 2)SY 2.500 1.50 2.400 1 Mvwm Total Part B • Rrstoralion Total Part A • Sauitary Sewer Total Part H ■ Kcslnralioo TOTAl, ALITiRNAITi N(). S . OXFOKI) ROAD IM37.RFP Kl* H 537^91.00 40.6A4.50 .J2Ji9LUIL $78,235.SO 4 I Item Volt Cnetnei, Oiantiiy UoU Wee Ouaaliiy 7u D4IC AltHNJOl To Dale Cbautc Order No. 1 216 Modify Lift Slaliou No. 3 LS 9J390.Q0 J9a»L0(L_ Total Chaiifc Order No. t S9.390.00 Total Base Bid .S 84.602.12 Total Alternate No. 1 • Bederwood 89.200..S0 Total Alternate No. 2 • Bayside Nortit 0.00 Total Alternate No. 3 • Cygnet Place 259.476..S0 Total Alternate No. 5 • Oxford Road 78.235.50 Total Change Order No. 1 _______OKLUQ. rOTAL WORK COMPUri ED TO DA I E S 1.020.904.62 1IM37HFP KP d PROIECT PAYMHNT STAIUS OwBcr Ciiy of Orono Praiuct Stubbs Day Sanitary Sewer Profoct No. Ml« No. 1.^937 CoBlractor Progressive Contractors, Inc. QUmv >£&£iLS No. Date I 7-8-92 Modify Lift Station #3 Amount $9,390.00 Total Change Orders • Add $9390.00 ^ SUMMARY No.Period Payment Retainage Cumpleted 1 Start 8-7-92 $116.155.77 $6,118.73 $96,918.04 2 8-7-92 9-8-92 .305,777.08 22.21126 4-14.245.11 3 9-8-92 10-1.3-92 271411.08 3i;,.549.68 730,993 61 4 10-13-92 11-18-92 27.5,415.46 51,045.13 1.020,904.62 $ 6 7 8 9 10 Total Payment to Date Retainage, Payment No. Total Amount liarncJ 965,859.39 51.04.5.23 \ ,020.‘X)4.62 Original Contract Change Orders Kevised ('oiilraci 1.480.331.95 9,390.00 1.489.721.95 |J9i7RFP UP-10 PROM: DATE: Mayor and City Council Ron J. Moorse, City Administrator Tom Kuehn, Finance Director' November 19, 1992 111992.3 /V % %,yeOt Of^0/lfQ SUBJECT: Certification of Delinquent Septic Inspection Fees, Sewer and Water Utility Accounts and Recyclinq Program Fee Attachments:A. Resolution Providing for Collection of Delinquent Sewer, Water and Septic Accounts and Recyclinq Program Fee B. Assessment Roll DISCUSSION - Each year the City certifies to the County all unpaid annual service charges for the septic inspection program, the annual recycling program fee, and all delinquent sewer and water accounts of $18.00 or more, to be collected with the following year's taxes. In addition to the outstanding amounts delinquent the City adds 8% interest to all accounts and an administrative fee to the septic accounts. At this time the total to be assessed is $55,150.45 including administrative charges. This amount will be decreased by any prepayments received up to the final payment date of November 27, 1992. A copy of the assessment roll is attached for your review. PROPOSED MOTION - Moved by_, seconded by_, to adopt Resolution #__ providing for the collection of delinquent charges for 1992 sewer and water utility services and annual septic inspection and recycling program fees. Ayes , Nays I 111992.4 h RESOLUTION PROVIDING FOR THE COLLECTION OF DELINQUENT 1992 SENER AND WATER UTILITY SERVICE CHARGES, RECYCLING PROGRAM FEES AND ANNUAL SERVICE CHARGES FOR THE ON>SITE SEWAGE TREATMENT (SEPTIC) INSPECTION PROGRAM WHEREAS, the City Council of the City of Orono, Minnesota has enacted certain ordinances under the Minnesota statutes, therefore pursuant to Chapter 3 and Chapter 12, Orono City Code pertaining to payment and collection of sewer and water charges and annual service charges for the On-Site Sewage Treatment (septic) Inspection Program, the following properties are delinquent in nature. 1. WHEREAS, the City has obtained from Hennepin County Audi. Levy Number 12556 for the delinquent accounts. 2. That the Hennepin County Auditor be and is hereby authorized and directed to extend upon property tax lists of the County and further collect said assessments thereon in the manner provided by law. 3. That eight percent (8%) be added to the amounts due. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 23, 1992. Barbara A. Petetson, Mayor ATTEST: Dorothy M. Hallin, City Clerk o oREMRf NM.MTC OF RUNHUNXCXRALCODE9R 31 31 3t 31 3t 3t 3t 31 31 31 31 3t 31 3t 3t 3t 3t 31 3f 31 31 31 31 31 3t 3t 3t 31 33 3t 31 31 3f 31 31 31 31 31 31 31 3t 31 3t I I 33 33 33 33 33 33 33 tUMRFT’lli/13/82 I LEVYNUMBER012SS3012SS6 012SS3 012556 012556 012556 012556 012556 012556 012556 012556012556 012356 012556 012556 012556 012556 012556 012556012556 012556 012556 012556 012556 012556 012556 012556 012556 01255C 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 ORONO CERTIFICATION SYSTEM SPECIAL ASSESSMENT ROUSPROPERTY ID PAQE: 1DISTRICT: ALL02-11702-117 02-117 02-117 02-117 02-117 02- 117 03- 117 03-117 03-117 03-117 03-117 03- 117 04- 117 04-117 04-117 04-117 04-117- 04-117- 04-117- 04-117- 04-117- 04-117- 04- 1*7- 05- 117- 05-117- 05-117- 05-117- 05-117- 05-117- 05-117- 05-117- 05-117- 05-117- 05-117- 05-117- 05-117- 05- 117- 06- 117- 06-117- 06-117- 06 117- 06- 117- 07- 117 07-117- 07-117- 07-117- 07-117- 07-117- 07-117- 07-117- 07-117- 07-117- -23-21-0006 -23-22-0002 -23-24-0003 -23-31-0011 -23-31-0013 -23-31-0040 -23-43-0026 -23-22-0016 -23-22-0017 -23-32-0003 -23-33*0005 -23-33-0006 -23-34-0009 -23-11-0003 -23-11-0011 -23-12-0005 -23-22-0020 -23-22-0026 -23-22-0027 -23-23-0004 -23-23-0021 -23-23-0022 -23-34-0013 -23-43-0007 -23-12-0017 -23-13-0036 -23-13-0040 -23-14-0020 -23-14-0021 -23-14-0024 -23-14-0023 -23-14-0030 -23-14-0031 -23-14-0035 -23-14-0043 -23-23-0021 -23-23-0024 -23-23-0029 -23-21-0003 -23-33-0004 23-41-0033 23-41-0039 23-43-0012 23-11-0015 23-14-0013 23-14-0020 23-14-0023 23-14-0062 23-21-0003 23-22-0016 23-24-0029 23-31-0001 23-31-0004 ADDITION CERTIFIEDNUMBERAMOUNT4264072.004130272.004164072.0042560249.0842560249.084256058.8242760249.080035972.000035972.004200372.004357072.004357072.004357072.000164772.000255072.000255072.004345072.00 03093 72.00 41520 72.004152072.00 00954 72.000095472.00 42227 72.00 41500 72.004144072 004190072.00 41900 72.00 41900 72.00 41900 72.004190072.00 41900 72.004190057.84 41900 72.00 41900 72.00 41900 72.00 42320 72.00 42320 72.00 42320 72.00 41306 72.00 41306 72 00 43110 72 00 42620 190.26 00641 58.32 42950 249.08 42440 249.08 42440 190.26 43240 58.3241307249.08 41307 190.26 03487 72.00 43500 249.08 41940 58.32 41940 242 42 I nRCPORT NBIt.DATE or RUNMUNXCZMLCODE9%3t3t3t3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 3t 31 3t 3t 3t 31 3t 3t 31 3t 31 3t 3t 31 3t 31 3t 3t 31 31 3t 31 31 3t 3f 3t 31 31 31 31 31 31 31 33 31 31 33 33 33 SUMRPT-l11/13/92 ORONO CERTIFICATION SYSTEM SPECIAL ASSESSMENT ROLLS PAGE: 2DISTRICT: ALLLEVYNUMBER012S56012SS3012553012556012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 PROPERTY ID07-11707-11707-11707-11707-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07-117 07- 117 06-117 08- 117 06-117 06-117 06-117 06-117 06-117 06-117 06-117 06-117 06-117< 06-117- 06-117 06-117 (6-117 06-117 06-117 06-117 03-117- 06-117- 06-117- 10-117- 10-117- 10-117 10-117- 10-117- -23-31 -23-32 -23-32 -23-32 -23-32 -23-32 -23-32 -23-32 -23-34 -23-41 -23-41 -23-41 -23-41 -23-41 -23-41 -23-41 -23 43 -23-43 -23-44 -23-44 -23-44 -23-44 -23-44 23-44 -23-44 -23-44 -23-44 -23-23 23-23 23-31 23-33 23-33 23-33 23-33 23-34 23-34 23-41 -23-41 -23-41- 23-41 23-41 23-42 23-42 23-43 23-44 23-44 23-33- 23-44 23-14 23-23 23-24 23-24 23-24 -0023-0003-0006-0010-0021 -0027 -0030 -0036 -0003 -0006 ■0006 -0016 ■0030 -0054 ■0071 ■0064 0004 0014 0003 ■0014 0020 ■0021 ■0026 0027 0033 0062 0073 ■0003 ■0005 ■0015 0059 0066 0075 0079 0010 0056 0004 0006 0007 0012 0014 0003 0005 0017 0002 0006 0004 0005 0005 0001 0002 0006 0016 ADDITION CERTIFIEDNUMBERAMOUNT43060249.0642000249.064200056.6242000249.0642000249 06 43132 471.04 43060 249.06 43360 56.82 41940 249.06 43120 149.06 43120 249.06 4312C 249.06 43120 142.91 43120 249.06 43120 249.06 00365 249.06 42600 58.62 43120 190.26 42200 249.06 42300 249.06 42300 249.06 42300 249.06 42300 249.06 42300 161.44 42300 246.06 42300 249.08 42300 249.08 41306 249.06 42460 249.08 41660 321.06 42160 91.96 42260 249.06 42260 249.06 42260 40.72 41600 249.06 42160 16.56 41306 1,066.36 41306 249.06 41306 42.02 41306 260.77 42500 190.26 42500 701.14 42500 102.33 42500 56.62 41306 249.06 42005 249.06 41309 56.62 42215 249.06 42265 72.00 02556 72.00 41310 72.00 41310 157.76 41310 56.62 oREKRT NBR.DATE OF RUNMINXCXRALCODE313t3131 3131 31 31 3t 3t 31 3t 31 31 3131 31 31 31 3t 31 3131 31 31 31 31 3t 3t 3R 31 31 31 3t 3t 3t 3t 31 3t 31 31 31 31 31 31 31 31 3t 31 31 313t 31 SUMRPT-1ll/lt/92 ORONO CERTIFICATION SYSTEM SPECIAL ASSESSMENT ROLLS PAGE: 3DIST!i:CT: ALLLEWNUMBER012556012556012556012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 PROPERTY XO10-11710-11710-11710-117 10-117 10-117 10-11710-117 10-117 10-117 10-117 15- 117 16- 117 17- 117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117- 17-117- 17-117- 17-117- 17-117- 17-117- 17-117- 17-117 17-117- 17-117- 17-117- 17-117- 17-117- 17-117- 17-117- -23-31-23-31-23-31-23-31 -23-31-23-31 -23-31 -23-31 -23-42 -23-42 -23-42 -23-21 -23-22 -23-11 23-21 23-21 23-22 23-22 23-22 23-22 23-22 23-2223-23 23-23 23-23 23-24 23-24 23-31 23-31 23-31 23-3123-34 23-34 23-41 23-41 23-41 23-41 23-41 23-41 23-41 23-41 23-41 23-41 23-42 23-43 23-43 23-43 23-4- 23-43 23-43 23-43 23-43 23-43 ■0007•0016■0022■0036 ■0048■0050 ■0057 ■0072 •0003 ■0012 •0022 •0006 •0003 •0005 •0001 •0008 •0003 •0019 •0023 •0025 •0028 •0029•0016 •0017 0019 0002 ■0007 0017 0030 0041 0046•0023 0025 -0003 0004 -0009 0011 -0014 0017 0019 0021 0023 0028 0021 0006 0016 0035 0049 0056 0062 0063 0065 0069 ADDITION CERTIFIEDNUMBERAMOUNT41310157 594131028.8642140249.084214C249.08 4252J 131.44 425r.O 131.44 42F20 249.08 4r.540 249.08 41682 72 00 42780 409.60 004S9 204.60 42273 72.00 41670 58.82 43095 58.82 41317 83.71 43104 334.61 41317 111.01 42060 395.25 42060 115.38 42060 122.13 42060 320.64 42060 320.64 42220 243.41 42225 399.63 42510 320.«4 41317 390.87 43101 231.63 43111 320.64 42420 274.74 43620 574 91 42420 270.36 01777 548.60 01777 112.85 43040 417.15 43040 550.58 42420 349 22 42420 132.19 42420 380.65 43540 51.42 43540 414.2’’ 43540 360.5 43540 374. > 43540 379.20 01398 345.-il 42740 324.37 42740 374.68 42740 29.21 42740 143.31 42740 338.31 42740 425.62 42740 395.25 42740 395.25 42740 444.92 o tEPORT NBR.DATE OF RUNMUNXCIFALCODE3t3t3t313t 3t 3t 3t 33 3t 3t 31 33 33 33 33 33 33 33 33 33 33 33 38 33 33 33 33 31 33 33 33 33 33 33 38 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 33 SUMRFT-111/13/82 ORONO CERTIFICATION SYSTEM SPECIAL ASSESSMENT ROLLS PAGE: 4DISTRICT: ALLLEVYNUMBER0125S6012556012556012556012556 012556 012556 012556 012556 012556012556 012556 012556 0.^2556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556012556 012556 012556 012556 012556 012556 012556 PROPERTY ID17-11717-11717-11717-11717-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 17-117 13-117 13-117 20-117 20-117 20-117 20-117 20-11720-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20-117 20- 117 21- 117 21-117 21-117 21-117 21-117 23-4323-4323-4323-4323-43 23-43 23-43 23-43 23-43 23-43 23-43 23-43 23-44 23-44 23-44 23-44 23-44 23-44 23-44 23-44 23-14 23-14 23-12 23-12 23-21 23-21 23-21 23-21 23-22 23-23 23-23 23-24 23-24 23-24 23-24 23-24 23-24 23-31 23-31 23-31 23-32 23-42 23-42 23-42 23-43 23-43 23-43 23-43 23-22 23-22 23-2323-24 2i-24 00750037006301030104 0106 0113 0121 0129 0134 0137 0143 0023 0020 0039 0079 0033 0096 0093 0102 0002 0005 0015 0021 0003 0009 0020 0035 0003 0013 0020 0007 0013 0014 0017 0040 0046 0033 0053 0067 0015 0032 0033 0035 0001 0022 0035 0043 0003 0011 0033 0040 0054 ADDITION CERTIFIEDNUMBERAMOUNT42740341.9942740333.57427401,479.024274097.3042740443.46 42740 449.29 43620 439.06 43620 395.69 43620 221.07 43620 332.11 43620 26.14 42740 247.84 43540 42 90 43540 423 34 43540 195.30 43600 253.09 43540 487.27 43540 330.91 43540 533.03 42420 360.21 42220 171 53 42220 439.07 42720 192.19 42720 396.71 43102 503.34 43490 209.71 42420 483.73 01415 221.63 42420 382.11 42020 203.72 43300 122.13 42020 212.02 42020 143.33 42020 623.94 42020 130.17 42020 412.79 43067 181.97 43033 363.13 42020 167.22 42020 417.15 43300 254.99 43300 167.22 43430 463.27 03372 111.91 43033 31.90 43300 444.91 43640 326.63 43640 437.60 43220 294.42 43530 45.79 43530 350.63 43149 348.53 43079 119.64 )REPOftT NBK.DATE OF RUNMUNICIPALCODE3131313131313t3131 31 31 31 31 3t 31 3t 31 31 31 3t 31 31 3t 3t 31 31 31 31 31 31 3131 31 3t 31 31 31 31 31 31 31 31 31 31 31 33 31 31 31 31 31 33 33 SUHRPT-111/13/92 LEVYNUMBER0125S6012558012556012556012556012556012556012556012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012555 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556 012556012556 012556 012556 012556 012556 012556 012556 012556 ORONO CERTIFICATION SYSTEM SPECIAL ASSESSMENT ROLLSPROPERTY ZD PAGE; 5DISTRICT; ALL21- 117-2322- 117-23 22-117-23 22-117-2322- 117-2323- 117-23 23-117-23 23-117-23 23-117-23 23-117-23 23-117-23 23-117-23 23-117-23 23-117-23 23-117-23 25-118-23 25-111-23 25- 113-23 26- 113-23 26-118-23 26-113-23 26-113-23 26- 113-23 27- 113-23 27-113-23 27-113-23 27-113-23 27-113-23 23-113-23 23-113-23 29- 113-23 30- 113-23 30-113-2' 30- 113-23 31- 113-23 31-113-23 31-118 -23 31-113-23 31-113-23 31-113-23 31-113-23 31-113-23 31-113-23 31-113-23 31- 113-23 32- 113-23 32-113-23 32-113-23 32- 113-23 33- 113-23' 33-113-23' 33-113-23' 33-113-23' -24-0065 -24-0001 -31-0010 -31-0015 -31-0025 -22-0009 -22-0013 -23-0020 -23-0031 -23-0033 -32-0002 -32-0027 -32-0039 -32-0065 -32-0070 -43-0026 -44-0007 -44-0015 -31-0004 -31-0007 -33-0006 -33-0024 -33-0026 -31-0005 -33-0007 -42-0003 -42-0011 -43-0022 -31-0007 - J ‘-.-0002 -44-0001 -31->J03 32-0001 -33-0005 -11-0004 -12-0011 -12-0013 -21-0003 -22-0005 -23-0009 -24-0001 -33-0007 -41-0005 -42-0002 -42-0003 -21-0005 -23-0003 -34-0005 -43-0003 -13-0011 -22-0001 -31-0007 -31-0012 ADDITION CERTIFIEDNUMBERAMOUNT43085495.204240060.004296060.004296060.004296060.004296060.004266060.004266060.004266U60.00 42660 60.00 42660 60.00 42660 60.00 42680 60.00 43140 60.00 42660 60.00 01730 72.00 01730 72.00 03735 72.00 41326 72.00 43510 72.00 41360 35.00 42390 72.00 42390 72.00 41327 72.00 01693 72.00 41327 72.00 42470 72.00 00390 72.00 00391 72.00 00392 72.00 41329 72.00 41330 72.00 41330 72.00 04183 72.00 41331 72.00 43210 72.00 41331 72.00 41331 144.00 41331 72.00 00721 72.00 41331 72.00 41331 72.00 41331 72.00 41331 72.00 41331 57.00 41332 72.00 42320 72.00 41332 72.00 41332 72.00 43515 1.090.43 41333 72.00 41333 72.00 02362 72.00 oREPOKT NBR. DATE OF RUN SUMRFT-1ll/li/92 ORONO CERTIFICATION SYSTEM SPECIAL ASSESSMENT ROLLS PAGE: 6DISTRICT; ALLMUNICIPALLEWPROPERTY ID ADDITION CERTIFIEDCODENUMBERNUMBERAMOUNT9901255633-119-23-41-0003 41333 72.009i01255633-118-23-41-0009 42435 72.009i01255633-119*23-41-0016 03171 72.003901255633-119-23-42-0012 03842 53.813901255633-119-23-44-0024 42210 240.083901255634-119-23-33-0059 00435 72.003901255635-119-23-22-0003 41360 72.003901255635-119-23-33-0000 00394 72.00 39 012556 35-119-23-44-0004 41335 60.003901255636-119-23-14-0013 04332 72.003901255636-119-23-33-0000 42710 72.00 31 012556 36-119-23-41-0001 41336 72.00 39 012556 36-119-23-41-0006 42310 26.00 31 012556 36-119-23-41-0026 42310 401.80 •• TOTAL •••••55.150.45 REPORT NBR. DATE OP RUNMUNICIPALCODE SUMRPT-1n/ia/Q2 LEWNUMBER ORONO CERTIFICATION SYSTEM SPECIAL ASSESSMENT POLLSPROPERTY ID ADDITIONNUMBER PAGE: 7DISTRICT; ALLCERTIFIEDAMOUNTTOTAL UTILITY AMOUNT TOTAL ADMIN. CHARGES 54.0t0.45 1.070.00 TO: FROM: date: Mayor and City Counc Ronald Moorse, City Moministrator Tom Kuetin, Finance Di rector November 19, 1992 111992.1c- ^ A V >A SUBJECT: Certification of Unpaid Developer's Fees and Alarm User Fees Attachments:A. Resolution Providing for Collection of Delinquent Developer and Alarm User Fees B. Proposed Assessment Roll DISCUSSION - The City has a policy of billing developers for legal, engineering or other additional costs incurred in the process of reviewing, investigating and administering applications, licenses and permits, as provided in Orono Municipal Code, Chapter 1. In addition, the code provides for certification of unpaid costs in Section 1.05, Subdivision 5. The ordinance regulating the use of alarms provides for charging a fee for each false alarm in excess of three alarms per calendar year. All delinquent alarm fees are to be certified to the County and assessed against the properties served and collected with the taxes for the subsequent year. We have obtained a levy number for collection of the 34,781.04 in unpaid amounts. It is recommended that the City add eight percent (8%) to the amounts listed for administration and carrying costs. PROPOSED MOTION - Moved by _ , seconded by , to adopt Resolution #__ providing for tTie collection oT” delinquent Developer's Fees and Alarm Users' fees in the amount of $4,781.04 and to add eight percent (8%) interest to the amounts due. Ayes , Nays 111992.2 A RESOLOTION PROVIDING FOR THE COLLECTION OF DELINQUENT 1992 DEVELOPER PEES AND ALARM USER FEES WHEREAS, the City Council of the City Minnesota has enacted certain ordinances under the Statutes, therefore pursuant to Chapter 1, Orono pertaining to payment of fees and additional collection, and pursuant to Chapter 9, Orono City Cede pertaining to payment and collection of Alarm User attached list of properties are delinquent in nature. of Orono, Minnesota City Code cos t s and as amended Fees. The 1. WHEREAS, the City has obtained from Hennepin County Audi^^r Levy Number 12557 for the delinquent Developer and Alarm User Fees. 2. That the Hennepin County Auditor be hereby authorized and directed to extend upon proper tax lists of the County and further collect said assessments the^jeon in the manner provided by law. 3. That eight percent (8%) be added to the amounts due effective December 1, 1992. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held November 23, 1992. ATTEST: Barbara A. Peterson, Mayor Dorothy M. Halli. Clerk SPBCIAL ASSESSMENT CERTIFICATION ROLLNUNIC CODE NO. 38LEVY NO.P.I.D. NO.AODN.CODE TOTALASSESSMENT MISCELLANEOUS 12557 10-117-23 42 0022 00499 $4,781.04 Applicatioi #1497 > V. V /3 TO: FROH: DATE: Mayor and City Council Ron Mootse, City Administrator November 19, 1992 SUBJECT: 1993 Wage and Insurance Adjustments % Based on the information provided below, it is recommended the Council approve a 2.75% general pay adjustment. It is also recommended that the maximum City contribution for health insurance coverage be increased $20.00 per month from $251.00 per month in 1992 to $271.00 per month in 1993. The proposed 1993 wage and insurance adjustments are based on the following criteria: A. Wage Adjustment Criteria 1. Cost of living increase a. ) US consumer price index: annualized increase from October ’91 to October '92 is 3.1%. b. ) Minneapolis/St. Paul consumer price index: annualized increase from the first half of 1991 to the first half of 1992 (July '91 to July ’92) is 3,1%. 2. Market comparison a.) A survey of comparable cities indicates increases for 1993 in the range of 2.5%-3.0%. B. Insurance Contribution Adjustment Criteria 1. 1993 insurance premium increases (family coverage) Plan Group Health PHP/Medica Med Centers 1992 Premium $356.76 $399.50 $389.35 1993 Premium $397.48 $430.92 $437.25 Dollar Difference $40.72 $31.42 $47.90 Percent Difference 11.4% 7.9% 12.3% A) The average premium increase is $40.01 per month. B) 50% of the average increase amount is $20.00 per month STAFF RECOMMENDATION The initial budget estimate for general salary increases was 3%. The insurance contribution increase was estimated at $20.00 per month. The city's policy concerning annual insurance contribution adjustments has been to split the average increase on a 50/50 basis. This policy has enabled th‘ city to respond to the large premium increases while continuing to control expenditure increases. Based on the criteria identified above/ the recommendation regarding 1993 wage and insurance increases is as follows: A. Wages: 2.75% increase B. Insurance: month) $20.00 per month increase ($271.00 per The combined affect of the wage and insurance increase is to increase total wage and insurance expenditures by 3.2%. TO: PROM: DATE: Mayor and City Council Ron Moorse, City Administrator November 19, 1992 % / L ( 4% SUBJECT: Calendar of Official Meetings and Holidays for 1993 The proposed calendar of official meetings and holidays for 1993 is attached. The official holidays include Friday, December 24 as the Christmas holiday observance due to Christmas Day falling on a Saturday; and Monday, December 27 as the City's designated holiday to provide a 4 day holiday weekend. A quirk in the calendar has caused the 1994 New Years holiday to be observed on Friday, December 31, 1993 since January 1st falls on a Saturday. IWiMon* Ojujau& JANUARY S M T W T F S ^2 3 A 5 6 7 8 9 10Pl2 13 14 15 16 17^^20 21 22 23 24^ 26 27 28 29 30 31 FEBRUARY A 2 3 4 5 6 7 BL9 10 11 12 13 14XV&17 18 19 20 21122123 24 25 26 27 28 MARCH 3456 10 11 12 13 14(I&16 17 18 19 20 21\S23 24 25 26 27 28 29 30 31 APRIL 12 3 4A6 7 8 9 10 11^13 14 15 16 17 18M?20 21 22 23 24 25^27 28 29 30 MAY s M T W T F S 1 2 5 6 7 8 9 m 11 12 13 14 15 16SQ)W19 20 21 22 23M^ 26 27 28 29 30.3^ \ SEPTEMBER S M T W T F S A 1 2 3 4 5 )k;A 8 9 10 11 121QV14 15 16 17 18 19® 21 22 23 24 25 260328 29 30 UUSCT lOM 6 13 2 27 I'ft JUNE A 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 JULY 1 2 3 4 XA 7 8 9 10 11^13 14 15 16 17 180920 21 22 23 24 251^27 28 29 30 31 □CTOBER 3 10 17 24 31 1 2 6 7 8 9 13 14 15 16 20 21 22 23 i 27 28 29 30 NOVEMBER 7 ^ 2 3 4 5 6 9 10>ri2 13 14^16 17 18 19 20 21I2023 24 Xjlf 27 28 29 30 AUGUST iDA 4 5 6 7 W10 11 12 13 14 1 8 15^17 18 19 20 21 22123124 25 26 27 28 29 30 31 DECEMBER 1 2 3 4 5 A 7 8 9 10 11 121^14 15 16 17 18 19 20 21 22 23 X25 26 X* 28 29 30 1992 OROriO CITY f'EETING SCHEDULE KEY 7:00 P.M. Council Meeting 2nd (i 4th Monday 7:00 P.M. Planning Coirur.iss ion 3rd Monday (May through October 1st Monday as an alternate date) 7:00 P.M. Park '.orrmiss ion official Holiday / ^ i- TO: PROM: DATE: Mayor and City Council Ron Moorse, City Administrator November 19, 1992 SUBJECT: Amendments to Fee Schedule Ordinance The attached ordinance setting out revisions to the City's Fee Schedule for 1993 is presented for Council action. Two major fees have not been addressed in the proposed revisions. These are the water service fee and the utility service fee. Both of these will be reviewed in early 1993. It is anticipated that on the basis of the rate analysis increases will be recommended for both fees. DIRBCTORY FOR 1993 PRE SCHHXJLEOcpi Charges PageA^inistration............................21Accident Reports ........................24Building Plan Copies .................21Copy Microfiche File - PD. , ,24 Copy Service - Police Dept . .24 Reprint Oversized Documents on Microfilm. . . . . . . . .21 Tape Recording Duplication . .21 Sanitary Sewer . . . . . . . .11 Municipal Water. . . . . . . .15 OocuHnts Comprehensive Guide. . . . . .20 Special Assessment Searches. .21 Municipal Code/Ordinance . . .20 Realtors Listing Info. . . . .21 False AIozb User fee. . . . . .23 Golf Ooucae Rates. . . . . . . .2/ iMpections Special Inspection Charges . .18 Contractual Inspection Serv. .19 Well Site Inspection. . . . .18 tdonaas and Mieoellaneous After-the-fact Fees. . . . . . .5 Amusement Devices. . . . . . .23 Animal Impound Fees. . . . . .22 Beetf Wine & Liquor License. .22 Conraercial Marina License. . .19 Cigarette License. . . . . . .20 Dog License. . . . . . . . . . .21 Dance (Public) License ... .23 Gamblinq/Raffle License. . . .20 Licenses and MiscellaneousGarbage Haulers License. Home Occupation License. Joint Use Dock License .Kennel License . . . . Septic Installers License Site Evaluator License . Solicitation License . . Temp Trailer/Building Lie Rage.19.20.19.21.19 .19 .20 .20 Maps Fbr Sale. [kd>lic Works Supplies & Services Driveway Culverts. . . . . . .28 Driveway/Curb Cut Pennits. . .28 Permits After-the-fact-Fees. . . . . . .5 Annual Service Charge (Septic)15 Building Permit Fees. . . . .8 Burning Permit Fee. . . . . .18 Cert, of Occupancy. . . . . . .8 Demolition Permit Fee. . . . . 8 Docks Conmercial. . . . . . . . . .8 Residential. . . . . . . . . .8 Fire Protection. . . . . . . .18 Firearms Permit Fee. . . . . .23 Fireworks Permit Fee. . . . .23 Grading, Excavating, Filling .16 Large Assembly Permits ... .23 Mechanical Permit Fees .... 9 MoveAift Building Permit Fee.17 Municipal Hookup (Sewer/Water)10 On-Site Systems (Septic) . . .15 Outhouse Construction. . . . .15 Parades & Special Events . . .23 Plumbing Petmit. . . . . . . . .9 Remits (Cnnt.) RageRetaining Walls. . . .8Sprinkler Systems -^Commet . .10 Trapping Permit (limited). , .23 Water Meter Fees. . . . . . .10 ¥■ Services Fingerprinting (Police). . . .24 Water Turn-On Charge. . . . .26 Water Turn-Off Charge. . . . .26 Signs Street Signs (Public Works). .28 Tetrporary & Permanent. . . . .16 Temp. "No Parking** (P.D.). . .24 Temp. **No Parking** (P.W.). . .28 Utility Rate 6 Hisc. . . . . . .25 Brush Drop Off Pee. . . . . . .26 Recycling Charge. . . . . . . .26 Replacement Binds. . . . . . . .26 Zoning Applications After-the-fact Fees ..... 5 Amendments. . . . . . . . . . .3 Appeal of Adnin Decision ... 5 Conmercial Site Plan. . . . .2 Conditional Use Permit Fees. . 1 Industrial Revenue Bond Appl . 5 Park Dedication Fees. . . . .7 PUD Rezoning . . . . . . . . . 3 Rezoning Application Fee ... 3 Rip Rap Application Fee. ... 5 Special Improvements Appl. . . 4 Subdivision Application Fee. . 2 Surcharge for Staff Expense. . 5 Vacation Application Fee ... 3 Variance Application Fee . . . 1 j ORDINANCE NO, , SECOND SERIES AN ORDINANCE ADOPTING THE 1993 FEE SCHEDULE AN ORDINANCE REPEALING ORDINANCE NO. 99 SECOND SERIES, ORDINANCE NO. 95 SECOND SERIES, ORDINANCE NO. 103 SECOND SERIES, ORDINANCE NO. 106 AND ORDINANCE NO. 109 SECOND SERIES The City Council of the City of Orono ocdains: Section 1. Ordinance Repealed. Ordinance No, 99 Second Series, Ordinance No. 103 Second Series, Ordinance No. 106 Secon<^ Series and Ordinance No. 109 Second Series are hereby repealed. The City Council of Orono per Section 1,05 of the Municipal Code hereby ordains the following Fe< effective during the calendar year 1993: 8KTIOM 1. Pees. lyimC APPLICATIONS All ^ees are appfication fees and are non-refundable after application. staff work has begun on the Application Type VARIANCE (Flexible applications involving more than one variance will require an additional $50.00 payment per each variance) Variance for Non-Conforming Use RENEWAL VARIANCE (No change from original application) CONDITIONAL USE PERMIT (One charge per project) Residential Accessory Use (Animals, etc.) Institutional Use (School, Church, etc.) Duplex Credit (per building) Guest House/Guest Apartment Commercial/Industrial Use Fee $175.00 Applicable Code Section 10.06, Subd 3(D) $200.00 $100.00 10.06,Subd 3(D) 10.09,Subd 3 $125.00 10.09,Subd 3 $175.00 10.09,Subd 3 $150.00 10.09,Subd 3 $150.00 C :<««.00 10.09,Subd 3 lOMIlIC APPLICATIONS (COWT.)Application Type (Conditional UoE permit continued (One charge per Project) Land Alteration: Grading, filling, etc. (over 100 cubic yards) Sea walls, retaining walls within 0-75* lakeshore PRD Application with Subdivision PRD Application without Subdivision PID Applications Renewal Conditional Use Permit (no change from original application) Conditional use Permit with Variance After-the-Pact Fees CONHERCIAL SITE PLAN SUBDIVISION Sketch Plan (Class l, li, & iii) Preliminary Review (Class I & II Subdivisions) Preliminary Review (Class III and all non-residential) Final Plat Review (Class III) Filing Fees: a) Subdivision only b) Subdivision + Easements & Covenants Renewal of Preliminary Subdivision Application (No change from original application) Renewal of Final Subdivision Application (No change from original application) Fee Applicable Code Section 10.09, Subd 3 $200.00 + permit Subdivision Fee plus $30.00 per dwelling unit $ 35.00 per dwelling unit (minimum $150.00) $150.00 per acre (minimum $350.00) $100.00 $ 50.00 for each variance Double Application Fee Res. #1306 & #1309 $200.00 -»• Consultant Fee $200.00 $300.00 11.10, Subd 7(A) 11.10, Subd 10(A) (B) $325.00 +$25/lot 11.10,Subd 10(C) ($400/3 lots; $425/4 lots) $175.00 -i-Special Legal/Engineering Charges 11.10, Subd 17(A)(9) $ 75.00 11.10, Subd 17(A)(11) $200.00 Minimum Plus any additional costs $150.00 $100.00 EOmilG APPLICATIONS (COMT.^Application Type PUBLIC ROAD VACATION Fee Applicable Code Section $ 50.00 per Section 10,11 benefitting property ($250.00 minimum per application) EASEMFNT VACATIONS WITH SUBDIVISION APPLICATIONS EASEMENT VACATIONS NOT ASSOCIATED WITH SUBDIVISION APPLICATIONS ZONING AMENDMENTS INCLUDING RBZONING PUD Rezoning - Allowed only within area adjacent to Highway 12 as defined in Comprehensive' Plan Amendment No. 2 PUD Rezoning: Residential Commercia1/Industria1 REQUEST TO AMEND COMPREHENSIVE PLAN $ 75.00 Section 10.11 $175.00 Section 10.11 $300.00 Section 10.11 ’ 1 2 as defined in Ord 74,V id Series Sectio.-' 10.53 $300.00 * $40.00 per dwelling unit $150.00 per acre (min. $350.00) $300.00 Section 10.11 4lOIIIIIG APPLICATIONS fCONT.)application Type Fee Applicable Code Section SPECIAL i 1PR0VEMF.NTS Non-refundable charges for City Engineer's review of applications and design drawing, including construction inspection fees. If improvements are proposed as part of a Subdivision, Review Charges are payable with Preliminary Plat application. Section 11.12, Subd 4 Proposed Private Roads Proposed Public Roads Request for City to accept existing private road Request for City to maintain unimproved public road Proposed Sanitary Sewer Main Extension Propose! Watermain Extension Proposed Storm Sewer System (excluding culverts) On-Site System - Site Evaluation Review (applicable to rural subdivision applications) $600.00 plus 500/lineal foot $900.00 plus 50(7/lineal foot $900.00 $200.00 $250.00 plus $25.00 per stub $250.00 plus $25.00 per stub $200.00 $ 50.00 per new lot proposed for on-site lOWTWG APPL1CATIOK3 (COHT.)Application Type RIP'RAP Staff Review (normal rip-rap) Unusual Rip-Rap: a) New installation b) Repair previously approved APPEAL OP ADMINISTRATIVE DECISION INDUSTRIAL REVENUE ROND APPLICATIONS Minimum Project Valuation: $250,000.00 Application Fee: *:« SURCHARGE FOR STAFF EXPENSE IN EXCESS OF APPLICATION FEES Per Pec Schedule setforth below: Professional Time Clerical Time Leqal/Bngineering Consultants Nileage/Copies/Postage/Ctc. Fee Applicable Code Section No Charge $100.00 + CUP reviev/ Staff permit * $100.00 $100.00 10.06, Subd 3(D) 0.1% of project val.vition ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses Section 10.ll $ 29.00/hour $ 17.25/hour Actual Rilled Cost Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Appliea to all application types including variances, conditional use permits, subdivision, toning amendments, rip-rap permits, special improvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not involved a contractor in their work, have no previous history of work without a permit and where such work does not entail any zoning violations. lOMIllG APPUCATIOMS <C0IIT,)Whenever any work, use or division of land for which a formal application is required has been commenced without first making such application and receiving City approval therefore, a special investigation of the circumstances shall be made during the application process. Because of the extra administrative costs involved in the special investigation, the minimum application fee for after-the-fact applications shall be twice the fee setforth in the basic fee schedule, whether or not the application is thereafter approved or denied. Payment of an •fter-the-fact application fee shall not constitute approval or authorization of the work, use, or division of land, and shall not constitute a penalty or a waiver of the right of the City to i*^®^itute civil or criminal legal actions against the applicant for commencing such work, use or division of land without the required prior approval of the City. After-the-fact Investigation Fee Amount:Equal to and in addition to the basic fee amount (total fee is twice the basic fee amount) Res. 130f> lOMIllG APPLICATIONS (COMT.) 1^' PARK DEDICATION FEES I Municipal Code Section 11.62 Land Dedication Minimum Area - Subdividers shall be required to dedicate to the City for parks, playgrounds, trails, open spaces and other public purposes as a minimum that percentage of gross land area, or other such amount au may be determined by the City Council, as set forth below: (1) Residential/Agricultural/Multiple Residential Zoned Land. Dedication requirement of 8% of the land being platted or subdivided. (2) Commercial/Industrial Zoned Land. Dedicated requriement of 8% of the land being platted or subdivided. • Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the sudbivider, Tn lieu ot a conveyance or dedication of land, the cash contribution to be contributed shall be equivalent to the fair market value of the equivalent undeveloped land that would otherwise have been conveyed or dedicated. The City shall account for such funds in a special fund named Park Dedication Funds. COM8TROCTIOII PBRHITS AND INSPBCTION PEESPermit Type BUILDING PERMIT Minimum Fee Normal Fee Plan Review Fee: Commercial Residential Building Valuation Standard ZONING CERTIFICATE OF OCCUPANCY WITHOUT BUILDING PERMIT (change in use) RETAINING WALLS (in excess of 42** also multiple tiered walls that exceed 42** and not located in lakeshore protected area) TREE REMOVAL WITHIN 0-75* r KS - RESIDENTIAL 'ermanent and Initial Seasonal) DOCKS - COMMERCIAL DEMOLITION PERMIT f Principal Structure Accessory structure Fee Applicable Code Section (Ord. 216) $ 15.00 (per 19R8 UBC/SBC Standard Schedule) (per 1988 UBC/SBC Standard Schedule) 65% of Building Permit Fee (per Current I.C.B.O. Building Standards/BuiIding Valuation Data) $ 50.00 $ 15.00 minimum (per 1988 UBC Standard Schedule) $ 30.00 $ 30.00 Ord. 10.22 Sub 3 Per 1988 UBC/SBC Standard Schedule (Ord. 216) $ 50.00 Initial inspection $ 25.00 for each requested or required Inspection beyond initial inspection $ 30.00 Initial inspection Jt COMSTROCTIOM PERMITS hUD INSPBCTION PBBS (CONT.) Pecnit Type Fee Applicable Code Section PLUMBING PERMIT Mail-in postage & handling charge MECHANICAL PERMIT $ 35.00 minimum per project 1.25% of contract price $ 1.50 Minimum Fee for any Mechanical Permit Mail-in postage 6 handling charge Residentialy Single Family & Duplex by Unit Type $ 35.00 per project $ 1.50 1.25% of contract price COMSTROCTIOli PBRHITS AND INSPECTION FEES (COMT.) r-i Permit Type Commercial^ Industrial and Multi-Family Residential b' Fee Applicable Code Section Unit Type 35.00 minimum fee 1.25% of contract price SPRINKLER SYSTEMS - COMMERCIAL •fire sprinkler systems -kitchen fire extinquishing system MUNICIPAL CONNECTION PERMIT (together with area connection Sewer Water S/a" meter including sales tax 3/4" meter including sales tax meter including sales tax larger meter postage & handling charge (sewer and water permits only) $ 35.00 mimimum fee 1.25% of contract price Plan Review * 65% permit fee Surcharge based on valuation $ 35.00 per system charges) $ 35.00 $ 35.00 $133.00 $181.00 $235.00 quote basis $ 1.50 ^ 8»IIIT*«Y SWIBII COMHECTIOM CHARGES (If not previously assessed or if an improvement proieet is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project Office Use Only ♦Credit to Fund 1963 ST-IA, LS-1 or STl-B, FaSl-R 1964 LS-IA or LS-IB 1965 LS-1 1965 LS-IA 1967 LS-1 1969 LS-1 Shore Hills 1969 LS-2 Chevy Chase 1970 LS-1 Saga Hill 1971 LS-1 Dunwoody 1973-1 1980-1 Minnetonka Bluffs West Ferndale/County Road 15 Orono Lane County Road 15 Marinas 1980- 2 North Shore Drive/Scotch Pine Lane 1981- 1 North Shore Drive/Highwcod 1982- lA Navarre Utilities 1982- lB Navarre Utilities Northern Avenue 1985-1 Crystal Bay 1983- 1 Highway 12 Orono-Long Lake-Medina 1989 Highway 12 - Phase I - North Side - Brown Road to Willow Drive $225.00 + $455.00 per acre + 33.00 per F.F. $225.00 + $33.75 per F.F. $225.00 $225.00 $216.60 $225.00 $7,686. $225.00 $225.00 $7,260. $9,279. $27,121 $17,375 $7,233. $25,573 $11,099 $2,365. $225.00 $11,213 $1,054. $1,680. + $49.65 per F.F, + $36.20 per F.F. per unit + $21.60 per F.F. + $10,729.20 per unit 85 per unit $4,111.00 per unit + 25.30 per P.P. ♦ $3,744.00 per unit + 23.00 per F,P. 00 per unit + $34.40 per F.F. 00 per unit .00 per unit .00 per unit 00 per unit .00 per unit .00 per unit 00 per unit + $970.60 trunk area ♦ $2,554.00 per acre ♦ 191.55 trunk unit .00 per unit 00 per unit 00 per unit 1 1 1 1 1 1 1 1 1 1 2 2 2 2 2 2 3 225.00-1 acre/unit 4 2 1 11 ALL 8AMITART SBWBR COMMBCTI OH CHARGES (If not previously assessed or if an improvement project is not deeme<i' to be required Tn the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.)By District - Project 1992 Stubbs Bay Sewer - (See Area Map) I Stubbs Bay NB/NW - Bayside East II Bederwood III Bayside North IV Oxford V Cygnet and Leaf Sanitary Sewer Connection Charges *Credit to Fund $12,630.00 per unit $19/550.00 per unit $16/550.00 per unit $23/360.00 per unit $18/880.00 per unit 1) 073-3753-000-00 2) 043-3753-000-00 3) 044-3753-000-00 4) 045-3753-000-00 5) 024-3753-000-00 6) 046-3753-000-00 6 6 6 6 6 ] J ALL SAMITART SBWBR COMNBCTIOM CHARGBS (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment.) By District - Project I. An additional fee is charged for properties benefitting from 1984 forcemain and lift station 17 upgrade, as follows (see map for affected areas): 1. 2. 3. Existing Properties/Tncrease New Bldgs Replacing Existing Bldgs tpitital Charge Previously Paid Previously Paid 16 By Pass Previously Paid Previously Paid New Residential W/Existing Stub Previously Paid Previously Paid #7 Forcemain $428.00 If usage increases from existing $428.00 $1,238.50 Office Use Only •Credit to Fund 4. New Residential Without Stub $225.00(1) $191.50(3) $1,238.50(5) 5. Freshwater Biological $225.00(1) $191.50(3)$500/unit on(5) connection (already assessed $2,000/ac) 1) 0/i-3753>000-00 2) 043>3753-000-00 3) 044-3753-000-00 4) 045-3753-000-00 5) 024-3753-000-00 6) 046-3753-000-00 1, 3 & 5 1, 3 6 5 1 3 ttn % ALL SANITARY SBWBR COMMBCTION CHARGBS (If not previously assessed or if an improvement project is not deemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in additionto any assessment.)By District - Project Office Use OnlyII. An additional fee is chaqred for properties benefitting from the 1989 gravity line and lift station #10 by-pass per Resolution #2671, as follows (see map for affected areas): Initital #10 Office Use Only Charge By Pass *Credit to Fund Property Without Stub $225.00 $2,188.00 1 The connection charge for properties wishing to connect to the sewer but which are located outside the delineated boundaries of the affected project area shall be charged the connection fee for that affected project area. Such connections are subject to City Council approval. I I'" t- Sanitary Sewer Connection Charges *Credit to Fund 1) 073-3753-000-00 2) 043-3753-000-00 3) 044-3753-000-00 4) 045-3753-000-00 5) 024-3753-000-00 6) 046-3753-000-00 ALL HOmCIPAL WATER COMMECTlOil CHARGES If not previously assessed or if an improvement project is not (ieemed to be required in the sole discretion of the City. If an improvement is required, the connection charge may be in addition to any assessment)By District - Project 1967 LW-1 Highway 12/Crystal Bay Road 1969 LW-2 Chevy Chase 1970 LW>1 Navarre Residential 1970 LH-1 Navarre Commerical 1982-lA Navarro 1989 Highway 12 - Phase I - North Side Hater Trunk • Brown Rd to Willow Dr ON-SITE SYSTEMS Design Review Fees Subdivision Site Evaluation Report Review Residential System Permit: Repair/Replace existing system New Residential System Non-Residential System Permit: New or Total replacement Partial replacement Annual Service Charge Hater Connection Charges *Credit to Fund 'll .no $3,791.50 per unit + $?8,15 per F.F. $3,757.50 per unit $1,877.00 per unit + $18.70 per F.F. $2,816.50 per unit + $28.20 per F.F. $2,000.50 per unit $ 963.00 per unit Office Use Only ♦Credit to Fund 1 1 1 2 Included with permit fees $ 50.00/per new lot (Ord. 210) $ 50.00 $100.00 * $20.00 per each inspection over 3 (Includes outhouse on Big Island) $100.00 + $20.00 per each inspection over 4 $ 60.00 + $20.00 per each inspection over 2 $ 50.00/system/year plus An additional $10.00 fee for late penalty plus 8% interest for unpaid charges certified Section 12.30, Subd 8(C) all a't-i COMSTRDCTIOII PERMITS AMD IHSPECTION FEBS (COWT.) Permit TypeGRADING, EXCAVATION, FILLING • 1-109 cubic yards (max. 10 loads) - 101 <(■ cubic yards Fee Applicable Code SectiCO$ 50.00 (staff permit) ($100.00 if engineering fee necessary) $ 75.00 + Conditional Use Permit + $25.00 per each inspection over 1st N0Ti2: 101 cubic yards or more requires a Conditional Use Permit unless approved as part of building permit. SIGNS Temporary Permanent $ 30.00 (Per 1988 UBC/SBC Standard Schedule) 16 C0M8TR0CT10II PBRHITS AND INSPBCTIOM PEES (CONT,) Permit Type FeeBUILDING MOVING OR LIFTING Fees for this activity are in addition to required building or Applicable Code Section(Ord. 227) demo II t i o n pe r ni i 13. costc of nu r 13 i mi codePees and any necesse^ry surcn fe^ are required to pay inspections, public works inspections of streets and reasonable police oico>l seivice on oversize movements. •Lifting accessory buildings (no move across lot lines) •Lifting principal buildings (no move across lot lines) (include pre-lift inspection fee) •Moving accessory building within normal highway clearance (mas. 8*6** wide/max. 13*6** high/max. 48* long) •Moving accessory building larger than normal highway clea/ance •Moving principal buildings over any lot line, onto or off any lot within Orono; includes any move on or <»ver any City street even if not origins:ing or term inating in Orono (includes all over size loads exceeding 8*6** wide and/or 13*6** high 48* long). •Pre-move code inspection, principal buildings: a) Building within Orono to be relocated within Orono b) Building outside Orono to be moved into Orono (max. radius 25 miles) $ 30.00 $ '^'^.00 + eiigineerinq fee if necessary No moving permit required S 50.00 $150.00 $ 50.00 $150.00 17 COMSTRDCTIOM PBRHITS AND INSPBCTIQW FEES (CONT.) Permit Type Fee Applicable Code SectionSPECIAL INSPECTION CHARGESSite Inspection without permit (when called by owner)Inspection surcharge for work or application on Big Island or Deering Island Reinspection fee after failure to comply with Building, Septic or Zoning Code Correction Notice - 3ri' trip Well Site Inspection $ 30.00$ 30.00 per trip + boat rental if transportation is not provided by owner $ 30.00 per trip 30.00 per hour after 1st hour No Charge FIRE PROTECTION Fire Prevention Inspection Fire Co'de Permits Commercial Fire Alarm Plan Review Fee (Ord. 223) No Charge $ 30.00 eacii Per UBC Schedule 65% of permit fee BURN.^\> PERNITS Up to 5 times per year For Each Reinspection Nore thi.n 5 tiroes per year (for all organizations and individuals regardless of tax status) No Charge $20.00 $100.30 COWSTRDCTIOM PERMITS AMD INSPECTIOH FEES (CONT.)Permit TypeCONTRACTUAL INSFEC'»'!Of: GEkVICS Monthly Retainer Pee (Includes clerical time) Inspection Charge Plan Review Charge Clerical Fee (Only charged if clerical use is excessive) LICBN8B8 8 HI8CBLLAMBOUS CHARGES Zoning Department Administered COMMERCIAL MARINA LICENSE Application Fee (initial) Renewal Application 6 Inspection Pee (annual) plus: -each slip on water -each dry slip inside or in racks -each boat unit on land -late fee JOINT USE DOCK LICENSE Application Fee (initial) Renewal Application Fee Plus each slip Late Fee SEPTIC INSTALLERS LICENSE - Annual SITE EVALUATOR LICENSE - Annual GARBAGE HAULER'LICENSE - flat rate - per hauler - transfer fee 19 Fee Applicable Code Section Per Contract $ 25.00 per month $ 15.00 per inspection SBC/UEC Schedule $ 15.00 per hour $300.00 -I- slip & boat fees $200.00 -f slip & boat fees $ 2.00 $ 2.00 $ 1.00 $150.00 $ 50.00 $ 20.00 $ 2.00 $ 25.00 $ 50.00 $100.00 $ 30.00 $ 15.00/truck $ 30.00 r’' LICBHSB8 ft HISCBLLANBOUS CHARGES (COMT.)Pecnit TypeHONE OCCUPATION LICENSE TEMPORARY TRAILERS 6 BUILDINGS LICENSE Zoning Department Administered ZONING DEPARTMENT DOCUMENTS Comprehensive Guide Plan (1980) Municipal Code Book - Complete (Ch. 1-12 w/revisions) Municipal Code Book - Portions Ch 1 thru 9 (Book 1) w/revisions Ch 10 thru 12 (Book 2) w/revisions Ch 10 only (Zoning Cod3) w/revisions Ch 11 only (Subdiv. Code) w/revisions Other Individual Chapters Black Binder Comp* Plan Amendment 12 (Hwy 12) City Naps Topographic Information Building 4 Planning Publications Fee Applicable Code Section$ 50.00 Initial Review Fee $ 30,00 (Annual Review Fee) $ 30.00 $ 30.00 $ 60.00 w/black binder $ 50.00 loose $ 35.00 loose $ 35.00 loose $ 25.00 loose $ 15.00 loose $ .25 /page $ 5.00 $ 5.00 $ 2.00 each $ 10.00 per acre As Posted - Prices subject to change Oenaral Administrative Licenses cigaratta sales License - per quarter Gambling s Raffle License Solicitation License Up to 10 Solicitors - $1.00 each additional solicitor in Orono Solicitor must list only those that will be in Orono $ 5.00 $ 10.00 $ 20.00 5.24 5.23 5. 30 20 LICBN8B8 i MI8CBLLAHE00S CHARGES (COHT.)Fee Applicable Code SectionGeneral Administrative Documents Continued Listing inEormation ^ Assessment Search - Written (Verbal searches not given) Copy Service (for public City records only) 11" X 17" copies Individual copies of Or<?inances (I copy) Reprint of Oversized Documents that have been microfilmed Building Plan Copies and/or Tape Recording Duplication Current Street Address Book Dogs fc Kennels DOG LICENSES Biannual License (issued'in odd years) Annua! License (issued in even years only) KENNEL LICENSES $ 10.00 $ 10.00/parcel $ .25 each $ 1.00 each No Charge $ 2.50 (Approximately 5 working days) Cost of Copying, Messenge*. Service & Min. Clerical Fee of $5.00 (entire amount to be paid upon request) $ 12.75 $ 15.00 $ 7.50 $150.00 $ 25.00 Commercial Application & Inspection Fee (Annual) Residential Application & Inspection Fee (Annual) . .. .^ ,, »• ^NOTE: Dogs kept in residential kennels must be individually licensed. Residential kennel fee is in addition to dog license fees. 9.12 5.36 21 I.ICBMSB8 t HISCBLLAMEOOS CHARGES (CONT.) Permit TypeDOGS AT LARGE - RELEASE FEE First Offense Second Offense Third Offense After Hour 6 Weekend Release Charge - Release FeeANIMALS AT LARGE (Other than dogs) First Offense Second Offense Third Offense Trace k Catch Animal Trailer Charge CARE OF IMPOUNDED ANIMAL Police Department Administered BEER, WINE k LIQUOR LICENSES Initial Investigation On-Sale/Off-Sale Liquor In state investigation Out state investigation-actual cost Initial Investigation-Beer/Wine D^f“Sale Liquor License Bond Requiremen t On-Sale Liquor License On-Sale Wine License 3.2 Beer Off-Sale (Annual) 3.2 Beer On-Sale (Annual) Setups (Annual) Club Liquor License (weekday) (Sunday) Temporary Set-up Permit (one day) Temporary Beer Permit (one day) Fee Applicable Code Section9.12 $ 20.00 $ 30.00 $ 40.00 S 45.00 9.13 $ 20.00 $ 35.00 $ 50.00 $ 20.00/hour S 20.00 plus .25 mile (total distance) Actual Cost $500.00 per License Collected at Application Actual cost up to $10,000 $150.00/person $150.00 $5,000.00 $4,000.00 $750.00 $ 25.00 $ 75.00 $100.00 $100.00 $200.00 $ 25.00/each $ 15.00/each Res. 1306 4.30 4.30 4.40 4.20 4.20 4.60 4.50 4.50 4.61 4.21 1 LICEMSBS AMD MISCBLLAMBOOS CHARGES (CONT.) calendar year 23 Application Type Fee Applicable Code Section Police Department Administered AMUSEMENT DEVICE LICENSES Per Establishment (Annualy $100.00 plus 5.20 machine fee Per Machine Fee $ 25.00 each PUBLIC DANCE LICENSE (Annual)$100.00 5.21 (Individual Permit)$ 10.00 5.21 LARGE ASSEMBLY PERMIT $ 50.00 5.25 FIREWORKS PERMIT $ 50.00 9.10 FIREARMS DISCHARGE PERMIT OCCASIONAL $ 10.00 9.10 (limited use) Game Animals (limited use) Annual (Club Only) LIMITED TRAPPING PERMIT $ 25.00 $ 25.00 $ 20.00 9.11 PERMIT FOR PARADES & SPECIAL EVENTS $ 50.00 Ord. 232 Ord. 243 6.08 FALSE ALARM USER FEES First 3 false alarms/calendar year No Charge (1-3 total) Next 7 false alarms/calendar year $ 50.00 each call (4-10 total) Next 5 false alarms/calendar year $100.00 each call (11-15 total) Each additional false alarm over 15/$150.00 each call LICBMSBS AMD MISCBLLAMBOOS CHARGES (CONT.) Application Type Police Department Administered FINGERPRINTING SERVICE COPY SERVICE - Police Records 24 Fee Applicable Code Section $ 10.00/application (Citizenship No Charqe) First Two Copies $3.00 Additional Copies $0.50 each COPY OF ACCIDENT REPORTS $3.00 each COPY OF DRIVER'S LICENSE RECORD $3.00 each COPY FROM MICROFICHE FILE First Two Copies $5.00 Additional Copies $.25 each "NO PARKING ORDER OF POLICE" PAPER SIGNS (no lathe included) $0.25 each 'i 4 POBLIC WORKS DBPARTMEtIT HISCELLAMBOUS CHARGES Utility Service Rates - Effective beginning Third Quarter 1991 MUNICIPAL SEWER RATE by unit: 1st 2nd by flow: $ 51.15 per quarter $ 48.25 per quarter $ 2.90 per quarter per $2.00/1000 gallons MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT For those properties unconnected between 16 months after service availability and up to 5 years after service availability and meeting the criteria set forth in Ordinance No. 106» Second Series, allowing for hookup time extvnsion, shall be charged only for the City portion of the sewer unit rate and not for the MWCC portion of the sewer unit rate. Stubbs Bay Area Un-Connected Properties $ 24.30 per qtr. PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES ContinuedUtility y^rvice Rates - ContinuedMUNICIPAL WATER RATES Area #1 Navarre Area #2 Lena Lake Area #3 Wayzata Area #4 Orono/Hwy 12 Billing & Ready to Serve Chg Water Usage Rate Unconnected Property Chg (ready to serve/hydrant c^g) $15.55/qtr $ 1.27/1000 gal $15.55/qtr $5.15/qtr $2.75/1000 gal -0- $5.15/qtr $1.40/1000 gal -0- $5.15/qtr $1.75/1000 gal -0- Federally Mandated Safe Drinking Water Testing Program (Charged per service connection) $ 5,21 per year on second quarter billing I? sl's’/qt* b° n 1^7 Ch"a''.*g " pTus lVo7*toVa®r f'l 'bot27 payment of sewer/water bills - 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills certified. Water Turn-On Water Turn-Off $17.50 $17.50 Water System Repair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost RPCYCLING CHARGE Recycling Container - Initial Replacement (including sales tax) Brush Drop off Pee $15.00/year No Charge $ 6,'il each $ 3.00 per cubic yard 1.00 minimum fee 26 GOLF COURSE CHARGES - Effective date 1993 Season Monday thru Friday (excluding Holidays) Begin Play Before 12:00 Noon 1st Nine Holes 2nd Nine Holes After 12 Noon and Weekend Rates 1st Nine Hole. 2nd Nine Holes League Rates Monday thru Friday Senior Citizei. (Over 60 years old) Begin Play Before 12:00 Moon - Weekdays 1st Nine Holes 2nd Nine Holes Season Ticket (Senior Citizens Only) GOLF CART RENTAL Motorized 1st Nine Holes (After 12:00 s Weekends) 2nd Nine Holes Monday thru Friday (Excluding Holidays) 1st N'ne Holes Begin Play Before 12:00 Noon 1st Nine Holes 2nd Nine Holes Pull Carts - Per Round Golf Clubs - Per Round STUDENT RATE (AGES 12 - 17) Begin Play Before Noon Monday - Friday, Excluding Holidays 1st Nine Holes 2nd Nine Holes Concessions 27 Fee $ 7.00 $ 5.00 $ 8.00 $ 5.50 $ 7.50 $ 5.00 $ 5.00 $110.00 $10.00 $ 8.00 $ €.00 $ 7.00 $ 7.00 $ 1.50 $ 2.50 $ 5.00 $ 5.00 As Posted PUBLIC WORKS DBPARTMBNT MISCELLANEOUS CHARGES <CONT.)PUBLIC WORKS SUPPLIES & SERVICESS^eet or Traffic Siqns (sale includes installation)Driveway Culverts (sale only, not installed) Watet“'tteter Sales (See Buildinq Permit Section) Temporary No Parking Signs (with lathe) Fee$ 75.00/std. sign On Quote Basis $ 1.00 each Driveway/Curb'Cut Permits Individual Driveways $ 30.00/permit New Street Intersections (See zoning section - special improvement fees) SECTION 2. This ordinance establishing the 1993 Fee Schedule shall be published in the Laker and Pioneer Newspaper and shall be effective the week of January 1, 1993. Adopted by the City Council of the City of Orono on this 1992. day of ATTEST: Dorothy H. Hallin, City Gl*»rk Barbara A. Peterson, Mayor ORDINANCE NUMBER , SECOND SERIES SUMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked “Official Summary of Ordinance Number t Second Series,** and a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that the publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. OFFICIAL SUHHARY OF ORDINANCE NUMBER , SECOND SERIES ORDINANCE NO. , SECOND SERIES AN ORDINANCE ADOPTING THE 1993 FEE SCHEDULE JfN^ORD I NANCE REPEALING ORDINANCE NO. 99, SECOND SERIES, ORDINANCE NO. 95 SECOND SERIES, ORDINANCE NO. 103 SECOND SERIES, ORDINANCE NO. 106 SECOND SERIES AND ORDINANCE NO. 109 SECOND SERIES The following is the official summary of Ordinance Number . Second Series approved by the City Council of the City of Orono on The following sections h?..e changes, additions and/or deletions: HiiCRIFTION 1992 FEE 1993 FEB lOMIBC APPLICATIOW8 Request for City to maintain unimproved public road $200.00 COMSTROCriOH PERMITS AMD IMSPBCTIOH FEES PLUMBING PERMIT $ 30.00 Delete fiie-'^are charge 35.00 min i ?5% of .cntract price MECHANICAL PERMIT Minimum fee for any Mechanical Permit $ 30.00 Residential, Single Family fc Duplex Delete fixture charge by Unit Type Commercial, Induatrlal 4 Multi- Delete fixture charge family Residential by Unit Type S 35.00 per project 1.251 of contract price $ 35.00 min 1.25% of contract price DESCRIPTION SPRINKLER SYSTEMS - COMMERCIAL -fire sprinkler systems -kitchen fire extinguishing system HONICIPAL CONNECTION PERMIT Sewer Water ALL SANITARY SEWER CONNECTION CHARGES ALL MUNICIPAL WATER CONNECTION CHARGES ZONING DEPARTMENT DOCUMENTS Topographic Information PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES MUNICIPAL SEWER RATE STUBBS BAY AREA PROJECT Stubbs Bay Area Un-Connected Properties Utility Service Rates Federally Mandated Safe Drinking Water Testing Program (Charge per service connect ion) RECYCLING CHARGE Brush Drop Off Fee $ 12.00 1992 1993 FEE FEE ous charges $ 35.00 minimum fee 1.25% of contract price $ 30.00 $ 35.00 per system $ 30.00 $ 35.00 $ 30.00 $ 35.00 Various Various Charges Reflecting Cost of Investment Various Various Charges Reflecting Cost of Investment $ 10.00 per acre $ 24.30 per quarter $ 5.21 per year on 2nd qtr billing S 15.00/year e 1.00 per cubic yard $ 1.00 min fee PK8CKIPTI0W GOLF COURSE CHARGES - Effective date 1993 season After 12 Noon & Weekend Rates 1st Nine Holes 2nd Nine Holes Lea9ue Rates Monday thru Friday Season Ticket (Senior Citizens Only) Pull Carts » Per Round Golf Clubs - Per Round A printed copy of the 1993 Fee Schedule Ordinance is available for inspection by any person at the office of the City Clerk during regular office hours. This ordinance becomes effective the week of January 1» 1993. Adopted by the City Council of the City of Orono on this day of _ _ _ _ _ _ _ _ _ _ _ _1992, by a vote _ _ _ _ _ _ ayes and nays. 1992 1993 PEE FEE 1993 season $ 7.50 $ 8.00 $ 5.00 $ 5.50 $ 7.00 $ 7.50 $100.00 $110.00 $ 1.00 $ 1.50 $ 2.00 $ 2.50 ATTEST:Barbara A. Pederson, Mayor Dorothy M. Hallin, City Clerk TO: FROH: DATB: Mayor and City Council Ron Moorse, City Administrator November 19, 1992 /6 SUBJECT: Designated Use of Crystal Pay Site V As part of the discussions concerning the new facilities project the Council has indicated that after moving to the new facilities, the current city facilities site should be used as open space/park land. The Council may wish to take official action to confirm their intent regarding the use of the current city hall property. Based or direction from the Council, staff will prepare a resolution for adoption at the December 14 meeting. TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator November 22, 1992 r % *7 V > ' i SUBJECT: Fuel Storage System For New City Facilities J At the November 9 Council meeting staff provided an analysis of several fuel storage system alternatives for Council review. At that time staff recommended pursuing the above ground concrete vault tank alternative. This alternative included a 4,000 gallon gasoline storage tank and a 2,000 gallon diesel fuel storage tank. The cost was $51,230. Staff has reviewed the above ground fuel storage system proposal in terms of its ability to meet the city's fuel needs and its ability to meet current and future environmental and fire protection requirements. After reviewing the city's fuel storage needs, it is recommended the 4,000 gallon gasoline storage tank be increased to a 5,000 gallon tank. The additional cost is $2,236.50. The second tank will remain a 2,000 gallon diesel fuel tank. The vendor has indicated the proposed tanks meet all current environmental and fire protection requirements. There are no new requirements or regulations planned concerning above ground tanks in the foreseeable future. Staff is currently working with the vendor to reduce the cancellation costs related to the prior below ground tank order to a minimal amount. The vendor has been working with his suppliers to minimize or elininate their cancellation costs, and has indicated Pump and Meter's costs can be substantially reduced or eliminated if the city moves ahead with this new proposal. It is recommended the proposal from Pump and Meter for a 5,000 gallon gasoline storage tank and a 2,000 gallon diesel fuel storage tank at a cost of $53,466.50 be approved. /7 TO: PROM: DATE: Mayor and City Council Ron Moorse, City Administrator November 20, 1992 SUBJECT: Architect Expenses The contract with the architect for the new city facilities provides for a fixed fee for architectural services based on a percentage of the total project cost. The contract also provides for the city to reimburse the architect for out-of-pocket expenses. Although the fees for architectural services will be within the budget^ the reimbursable expenses have significantly exceeded the budgeted amount. The only item in the facilities budget related to reimbursable expenses is $3,000 for printing costs, the city has been billed for $21,000 of reimbursable expenses. The attached chart shows the current status of architect expenses versus budget and payments to-date. Although the architect fees are within the budget, the reimbursables will cause the total architectural expenditures to exceed the amount budgeted. The architect has suggested that Counci1 members Jabbour and Callahan attend the next project meeting on Tuesday, December 1 at 7:30 a.m. to review this issue. In the interim, no further payments will be made. ARCHITECT EXPENSES VS. BUDGET AND PAYMENTS Architect Fees Reimbursable Expenses Projected Expenses 242,000 Budgeted Expenses Arch. Fees 215,000 Prof. Fees 27,000 TOTAL 242,000 Payments To-Date 221,000 Difference: Projected 0 Expenditures vs. Budget Difference: Pudget vs. Payments 21,000 21,000 3,000 18,000 (15,000) (18,000) Total 263,000 245,000 239,000 (18,000) 6,000 > An 11 •fe TO: FROM: DATE: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director X % November 20, 1992 SUBJECT: Fall Cleanup On Saturday, October 17, 1992 the Public Works Department conducted the fall cleanup program. This year the program was changed as follows: 1. No construction material was accepted. 2. Fees were charged for appliances, television and stereos. 3. Items were separated and set asid^ for Goodwill. 4. Items were separated and set aside for City use. The following items were received: 5-*30 Cubic yard containers of debri 8 Ton (approximately) scrap iron 37 Appliances ~ residents paid a fee 7 Televisions - residents paid a fee 1 Stereo - resident paid a fee ISS Tires - residents paid a fee The following items were separated and donated to Goodwill; China hutch cabinet Set of golf clubs Basketball backstop Handicap walker Two-wheel trailer The following items were separated and kept for City use: 10* Radial arm saw Hudson sprayers (2) Furniture clamps (2) Container and disposal cost 1991 Container and disposal costs $2,694.00 7,331.00 I i The monument sign at the entrance to the new city facilities and the project plaque to be provided by the architect and construction manager will both have the facilities name on them. The architect has requested that the city select a name for the facilities so that he can proceed with plans for the monument sign and the plaque. Several alternatives are listed below: A. Orono City Facilities B. Orono Mui.Facilities Orono City HallC. 0.CITY OP ORONO * Council Chambers * Village Hall * Police * Public Works TO: prom: DATE: iS/LRon Moorse, City Administrator H ” % \ c^l ^So. %Op Tom Kuehn, Finance Director November 19, 1992 SUBJECT: Salary Adjustment - Officer Mark Tomezyk % ka of November 17, 1992, Officer Mark Tomezyk completed 12 years of service with the City of Orono. Under the 1992 LELS contract, currently in effect, he is eligible for a salary increase from $18,724 per hour to $19,080 per hour. It is recommended that Officer Tomezyk's salary be increased to $19,080 per hour as of November 17, 1992. ! « I • i t ! • . w i » • LIST OF LICSNSSS FOR COUNCIL APPROVAL FOR HEFTING OF November 23, 1992 No licenses .1 •.• ^ 3 f fv> CM I 2 O 11/01/12 Cl MklQOI kl^ • HAW 2731t23fl ACKrWIMN. ALBCHT J 473201111 ANOkRSCN, PHYLLIS M 701111211 ANOCNSCN. WILBUR F 471BIBOIO 47014S2S2 47SSI2M7 ANDfRSON. BRUCF L ifRO. vcInice J •LOMIERQ. BEVERLY BU‘" *icon w ■OMA. JAMIE L •RINMHAUt. JOHN F iURSCH, KATHLEEN CARLSON. STEPHEN C CHESWICN, GARY B 474SI333S 47BS21S1R 471S40S71 47S443IS2 4BIS0S1S1 47SM3U3 472103111 ABSS2B03S CORNtCK. JAMES L 4SI423SSS OA'«ID. iONNIE 47SS433I7 OCLANIy. JANE E 47St|B721 DtMBOUSKI. JAY C 47I4ISI41 BICKEY. n6RMA JEAN 4747027S3 EISINOtR, RUTH 0 4742440BS ELLIOTT, VALERIA M ENOLISH III, IRVINQ 472|2|007 ERICKSON, KURT R 34B3404B4 IRtCSON, BARBARA E RBANPS, ELEANOR A RRIL. ELEANOR L NKELiTElN, DOROTHY SCHBACH, WANDA SCHENICH. DAN T FRITZLER, iOHN M OADBAM. ArLISS A OAFFROH. MICHAEL P BARCIA. BARBARA OARLOCK, RUTH 1S322I402 OAKH^ MARJORIE 4SIA20S32 OERNAADSON^ JOHN R « JS7IS4 QOMAN. DAVtO J 4»4BS7I12 OREOOAy. JAMES D 47S3l01tl HALLIN. DOROTHY M 477S004M NANSEN. STEVEN C 47S44424I NANSInB. CAROL J 4774S3I77 NASEMAN, CAROLE 47274S4M NEUCR. iOHN C 3fM2S3SI JENSEN ROONEY W 47lSiSI43 JOHNSON BRADLEY P 47B4BI470 JOHNSON JAN 473141B24 mTROM. FORESF J 47SB047S3 KEIMCN JANICE M S07SSS424 DPT 13 13 13 31 13 13 31 31 12 42 13 41 31 31 13 93 31 13 13 13 31 31 13 13 13 13 13 31 31 13 33 13 13 13 42 3S 42 12 42 31 12 91 93 31 13 93 31 YTD GROSS 241 74 97 SO 149 00 37941 21 242 SO 117 SO 22974 04 S4S4 49 13S14 S7 3404S 02 90 00 SOlO 2S 391S1 S4 40740 34 177 SO 4039 94 32552 44 IIS 00 143 7S 241 7S 3I3SO 2S 3S0S1 44 17S 00 9S 00 144 7S IIS 00 17S 00 397S9 14 3744S 29 242 SO 32553 14 194 2S 142 SO 320 39 44039 37 3434 14 30071 S9 29344 29 2430S 42 12932 00 19994 97 739S 00 2940 00 34097 91 194 2S 2447 S4 SS29 94 CURRENT GROSS 111 97 99 1S24 9S 9S 917 419 449 1S49 90 241 1410 1449 40 24 1214 97 43 90 1924 1S24 IS 9S 93 99 401799 1444 99 1434 100 4S 121 2120 142 14S4 1239 1104 S4S 999 SOI 40 1497 94 34 243 31 50 00 40 00 00 51 00 19S4 00so 94 24 00 29 00 SO 7S 00 39 40 00 00 7S 00 00 47 44 00 02 00 00 00 49 04 44 24 43 94 70 00 00 44 29 13 02 11/04/92 PR CB PRREGOR EMP 9 NAME OPT S04260307 472500574 121262417 472S00297 440443542 477700023 334504241 477024779 444909535 4767432S1 470700901 469444107 S67247200 426904365 475342443 473749173 47303S9S4 509427423 470S44S29 473325910 4741224SS 449429194 444445344 475549177 247490042 4729430S1 474443294 470704904 226404400 143247344 475505242 444429444 500403192 477941539 KNUTSON, CHARLOTTE A KUCHN, tHOHAS M MABUSTH, JEANNE A MADDEN, ROSE MCNICHOLS, DAVID L MOORSE. RONALD J MOROWCZYNSKI, JAMES NELSON, DAVID D OBERAIONER. SCOTT G OBRIEN, RANDY L OMAN, LYLE E PALMAR, GREGORY A PEASLEY, CHRISTINE POWELL, LOU ANN OUAST. WAYNE A RATHBUN, BARRY J RAUSCHENDORFER, DORO SAUER. BEVERLY J SCHOENHOFF, JOHN B SHEMANEN, JOYCE SIFORO, RUBY SKREEN, DALE S SLECHTA, ELAINE STEFFENHAQEN, RONALD SULLIVAN, STEPHEN X THOMTON, MARK R TOMCHCCK, LAWRENCE F TOICZYK, MARK W TOWARD, HELEN W TOWARD, R WILLIAM VANG, Bruce l VEE, LINDA S WALtERS, LINDA Q WECKMAN. STEPHEN J 15 15 33 13 31 12 31 35 42 92 33 42 13 13 YTD GROSS 22492 44477 41297 143 20913 49992 34004 4491 24597 24790 32952 24507 244 140 71 40 75 75 49 73 94 44 54 43 99 50 75 00 CURRENT GROSS 947 2109 1795 93 1144 3147 1497 143 1171 1143 1434 1044 93 90 51 40 43 75 93 93 44 44 24 30 01 11 75 00 92 32177 90 1329.749229744 41 1143.29 13 247 50 90.001310.00 10.00314701.14 349.3413193.50 107 2513244 75 93.754225947 37 1094.49 13 100 00 100.009324347 50 1235 24 31 44773 37 2004.013134195 43 1449.24 31 35475 79 1449 21 31 34907 11 1410.14 13 100 00 100.00 13 174 25 90 00?3 24344 25 1235 241221937 10 1219 51'.5 25425 10 1145 24J324145 01 1014 00 42,414 54 lilt CITY or OtONO CHCC*< NO. DATE / MCtlfSNCtU3 HCIIM Hcim HCflU NCtltf Nctitristiil Hctiir NCilll HCtUI Hctiir NCtitr Nctur NctiiriS»» NCIII7 HCfltt HCtltf NCfUt NCtlM NCtltt NCIIMSii» MCII70 NeiiTi StiH NCtlfl NCtlTS HCfin U/OS/t211/OS/S2 ll/OS/82 ll/OS/12 11/08/82 ll/OS/82 \\Sll/OS/82 Wtt'Al «<«!«! ll/U/ *<' 11/08,82 ll/OS/82 11 /OS/82 11 /OS/82 ami 11/OS/82 11/08/82 ll/OS/82 AMOUNT18.210 80 18,210.^0 32.420.80 • 83. ?7 83.77 • 1.728.00 1.728.00 • 128.20 183.80 323.00 • 83.28:m: 438.81 308.84 117.33 128.84 515.88 14.SO 853.22 IS.37 114.88 171.88 108.28 2.648.01 • CHECK 8CQ1STE8 item OCSCKIPTIOHORONO PLAZA 080N0 PLAZA US WEST LETN POSTMASTER POSTMASTER 1ST NATL }fl KATl- 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL SETTLEMNT SETTLEMNT TELEPHONE training lit i] Hit PICA PICA PICA PICA PICA PICA PICA PICA PICA PICA PICA PICA PICA PICA 10-14 10/14 10/14 10-14 10-14 10-1410-14 10-14 10-14 10-1410-14 10-14 10-14 10-14 ACCOUNT NO. INV 72- 4S12-438-I4 73- 4512-434-82 01-4320-175-34 01-4241-128-31 72- 4321-548-81 73- 4321-588-82 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01 4142 72- 414273- 4142 74- 4142 -020-11 -022-11 -022-11 -038-12 -088-lS -lli-31-115-31 -174-33 -185-35 -248-42 -280-81 -548-81 588-82 -S80-83 811.71 111.71 •POSTMASTER mail NEWSLTTR 01-4800-288-72 48.83 31.SS 28.18 23.18 3S.38 35.38- 3S.38 188.83 • US WEST US WEST US WEST US WEST US WESTiiisn TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONE TELEPHONETELEPHONE 01-4320-128-31 01-4320-248-42 01-435S-088-1S 72- 4355-548-81 73- 4355-588-82 73-43SS-S88-83 73-4355-588-83 800.00 800.00 •POSTMASTER POSTMASTER 01-1282-000-00 15.20 15.20 •ERICKSON mto exp 01-4312-128-31 888.58143.00 108.58 • SAPE BEN SAPE BEN NOV PEC NOV PEC 01-1050-000-0001-4308-288-72 428.84 308 81 125.2S 1ST NL iL 1ST NATL 1ST NATL PICA 10/21 PICA 10/21 PICA 10/28 01-4142-0a8-12 O1-4142-0M8-15 01-4142-1UI-31 10-31-82 PAGE8 P.O. 8 MESSAGE MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUALMANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUALMANUAL IMNUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MAiniAL manualMANUAL MANUALMANUAL MANUAL .. J 1M2 CITY OF ORONO CNCCK NO. DATE CHECK REOISTERAMOUNTVENDOR ITEM DESCRIPTION 10-31-92 PAGE 2 ACCOUNT NO. INV. t P.O. • MESSAGENC9173NC9173NC917%NC9I7JNC917IHC9173HC9173NC9173 ll/OS/92ll/OS/92ll/OS/9211/09/92ll/OS/92il/OS/92ll/OS/92ll/OS/92 130.24515.99 20.19949.9912.92114.99172.3499.S42.S71.49 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL PICAFICAPICAPICAPICAPICAPICAPICA 10/2910/2910/2910/2910/2910/2910/2910/29 01 4142 01-4142 01-4142 01-4142 01-414272- 414273- 414274- 4142 llS-21174-331IS-3S249-42290-91S49-91S99-92S90-93 MANUALMANUALMANUALMANUALMANUALMANUALMANUAL 9.210.7319.S92.9319.793.91 202.92 FUND 01 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL GENERAL FUND WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD •••-CKS 42.790.29 TOTAL •• U eOUNCIL CHICK RCQISTCR WIO. NOV II. 1112. 9:21 PH p«9t 1 CHICK NO *2f9tQ* <•> CHICK DATE lM2/li/23 CHECK AHOUNT VENDOff A-1 MINNETONKA RENT DESCRIPTION ACCOUNT NUMBER INVOICE NO 0249-4220 000015 PO NUMBER MANUAL OH 2B3B1 <•> 2B9B2 <•> 29593 «•> 29599 <«> .1599 <*> 29999 <•> 29597 <•> 29991 29999 <•» 29900 <•» 29901 <•> 29902 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 199: 1992/11/23 1992/11/23 1992/11/23 199: 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 $20.00 $20 00* $4,210.00 $4,210 00* $75.31 $75.3$* $25 00 $25.00* $20.00 $20.00* $2,994.42 $2,994.42* $250.00 $250.00* $149.97 $59.51 $313.90* $100 00 91.142 09 i777.52 $993.35 $1,134 99 $21,091 45 $237 51 $333 $1,231 il99 $49 $537 $1,011 $30,243 71 31 70 50 59 25 91* $21 41 $21 41* $130 74 $130 74* $90 00 $90 00* $2,915 01 $1,393 90 $900 $5 AEC ENGINEERING ALL STAR ELECTRIC ASSN METRO MUNICIPS ATOM BLACKOWIAK A SON BLACKOWIAK A SON BLACKOWIAK A SONS BLACKOWIAK A SONS BLACKOWIAK A SONS BLACKOWIAK A SONS BONESTROO BONfSTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO iONESTRCO BONESTROO BONESTROO ROSENE ASN R09ENC ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN BOYER TRUCK PARTS BRC ELECTIONS BUREAU CRIMINAL APPR CARGILL SALT OlV CARGILL SALT DIV CARGILL SALT DIV FUEL CONSULT WTR TWR 0431-4309 5591 REPAIR LOT OLD CRYSTAL BA 0249-4233 9272-14 MEETING MEMBERSHIP 0039-4356 000109 0129-4310 000094 FALL CLEAN UP 0295-434$ 095979 LEAF PICK UP 0295-434$ 095995 TRASH HAUL TRASH HAUL TRASH HAUL LEAF REMOVAL 0099-4343 099219 0590-4343 099299 0129-4343 099293 0295-4341 000109 ENG RETAINER SEPT ENG CONSULT SEPT ENG APPLIC SEPT ENG FOX ST SEPT ENG STUBBS BAY 9M RFD 92 INSP/FIELO SURVEY/SEPT ENG CITY HALL RO RF( 99 INSP CITY HALL RD SEPT ENG WTR TOWER RFP 93 INSP WTR TOWER SEPT MCCULLEY RO INSP SEPT INSP LS 99 RENOVATION SEP OCB RD TRAIL ENG SEPT 0200 0200 0140 0249 0409 0401 0499 0499 0439 0431 0354 05990359 4304 4305 4305 4305 4305 4309 4305 4309 4305 4309 4309 4531 4305 A22129 A22129 A22126 A22129 A22127 A22129 A22129 A22130 A22131 A22132 A22133 A22134 A22135 PARTS 0249-4232 176302 SUPPLIES CONFERENCE 0040-4210 0909214 0129-4356 000092 ROAD SALT ROAD SALT SALT 0249-4233 799732 0249-4233 799733 0549-4234 795911 OH OH OH OH OH OH OH OH OH OHOH OH OH OH OH OH OH OH OH OH ON ON OH OH OH OH ON COUNCIL CHECK REGISTER WED. NOV 18. 1992. 9:21 PMCHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER p«9« 2INVOICE NO NUMBER MANUAL<•>94.949.79*2BB03<•>1992/11/23 95.00 95 00*CHESWICK/QARY CONF 0129-4359 OOOlll OH2BB04 <•> 1992/11/23 9198.009199.00*COFFIN QRONBERQ OAK PL A SAGA HILL 0249-4309 1138 OH 2BBOS <•> 1992/11/23 9299 31 9299.31* COLONIAL LIFE INS CO DEC INS 0129-4152 000110 OH 2ttOB <•> 1992/11/23 9223.77 9223.77* COPY DUP PR INC RENTAL 0129-4210 01927778 OH tttor <•» 1992/11/23 910.00 910.00* DIXIE PETRO-CHEM DEMURRAGE 0549-4324 D00941764 OH 2RR0I <•> 1992/11/23 945.00 945.00* QANQELHOFF, DONNA DEER PICKUP 0185-4390 000113 OH 2il0t <•> 1992/11/23 1992/11/23 1992/11/23 9410.91 912.34 SIS.40 9438 65* GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO PARTS PARTS PARTS 0249-4232 0290-4232 0549-4234 000087 000087 000087 OH OH OH 2ttl0 <•> 1992/11/23 1992/11/23 1992/11/23 935.20 977.00 9115.50 9227.70* GLENWOOO INGLEWOOD GLENWOOO INGLEWOOD GLENWOOO INGLEWOOD WATER OCT FEE OCT FEE 0099-4324 0549-4309 0569-4309 000089 2100510 2100510 OH OH ON 2BB11 <•> 1992/11/23 9184.99 9194.98* GOLF CAR MIDWEST REPAIR GOLF CARTS 0590-4342 9401 OH 2U12 <•> 1992/11/23 9124.89 9124.89* HAL MESABI BOLTS A NUTS 0249-4232 021513 OH 2BB13 <•> 1992/11/23 1992/11/23 942.09 934.03 979 12* HENN CTY SHERIFF DPT HCNN CTY SHERIFF DPT POSTAGE REPAIR 0040-4321 0129-4342 000115 000114 OH OH 2fBl« «•> 1992/11/23 94 93 94.93 94.93 94 93 94.93 924 95*i i i i i METER TAPE METER TAPS METER TAPE METER TAPE METER TAPE 0039-4210 0099-4210 0174-4210 0249-4210 0599-4210 12113M 12113M 12113M 12113M 12113M OH OH OH OH OH 2M1S <•» 1992/11/23 981 20 981.20* JAR RADIATOR CORP REPAIR 0249-4342 155235 OH 2ft 19 <•> 1992/11/23 1992/11/23 1992/11/23 912 92 928.19 99.20 947 29* JOHNSON/BRADLEY JOHNSON/BRAOLEV JOHNSON/BRADLEY MILEAGE CONFERENCE CONFERENCE 0129-4381 0129-4359 0129-4359 000088 000088 000119 ON OH OH COUNCIL CHICK RCQXSTEK WED. NDV II. 1112. 0:21 RM 2CHECK NO CHECK DATE CHECK AMOUNT. . . .ift2/Ii/23. . . . . .VENDORLEAGUE OP MN CITIES DESCRIPTION •/92-B/31/93 DUES ACCOUNTNUMBER INVOICE NO 0020-4310 000117 PONUMBER I4ANUALOH2U17<•>2BB1I 1992/11/231992/11/231992/11/231992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 93.953.0093.953.00*9154.399495.29f:30.039159.03 9394.04 9195.3? 942 24 9919.79 9422.15 9122 91 9352.47 93.75 940.00 919.00 931.00 925.32 925.32 LOQISLOQISLOQISLOQIS LOQIS LOQIS LOQIS LOQIS LOQIS LOQIS LOQIS LOQIS LOQIS LOQIS LOQIS LOQIS LOQIS SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 '^UITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 LOQIS APPLIC SUPP OCT 0099-4352 109206 LOQIS APPLIC SUPP OCT 0129-4352 109206 LOQIS APPLIC SUPP OCT 0174-4352 109206 LOQIS APPLIC SUPP OCT 0549-4352 109206 LOQIS APPLIC SUPP OCT 0569-4352 109206 DATA PROC OCT 0069-4355 109206 DATA PROC OCT 0039-4355 109206 DATA PROC OCT 0129-4355 109206 DATA PROC OCT 0174-4355 109206 DATA PROC OCT 0549-4355 109206 Data PROC OCT 0569-4355 109206 COURIER OP SEPT 0069-4353 109206 MNT TERMINAL 0069-4340 109206 MNT TERMINAL 0549-4340 109206 MNT TERMINAL 0569-4340 109206 LABELS RESALE CRAFTERS MA 9001-3500 109206 LABELS RESALE 9001-3500 109206 OHOHOHOH OH OH OH OH OH OH OH OH OH OH OH OH OH 26B19 <•> 1BB2/I1/23 6460.00 6490 00* LONQ LAKE FAMILY PRACTICE HEPATITIS SHOTS 0129-4306 0 1ooooOH 2BB20 1BB2/11/23 624.00 LONG LAKE TIRE SERV REPAIR 0249-4342 4445EM OH 1992/11/23 Sill.56 LONQ LAKE TIRE SERV REPAIR 0249-4341 4467 OH i|S|/ll/231992/11/23 130.00 LONQ LAKE TIRE SERV REPAIR 0249-4342 4651 OH <•> 611.96 S247.52* LONQ LANE TIRE SERV REPAIR 0249-4342 4655 OH 2B62I <•> m2/ll/23 612.67 112.97* LYMAN LUMBER LUMBER 0099-4231 31292M ON 2SI22 1BB2/11/23 9361 91 MED CTR HEALTH CARE DEC IHS 0249-4151 000119 OH 1992/11/23 9502 02 MED CTR HEALTH CARE DEC IKS 0174-4151 000119 OH 1992/11/23 1130 90 MED CTR HEALTH CARE DEC INS 0069-4151 000119 OH <•> 1992/11/23 9130.90 91.145 43* MED CTR HEALTH CARE DEC INS 0129-4151 000119 OH 2ii23 <•> 1992/11/23 116.291.00 119.291.00* METRO WASTE DEC FEE 9673-1212 51411292 OH tBB24 <•> 1992/11/23 6423.15 6423.15* MIDWEST ASPHALT ASPHALT 0249-4233 9712 OH 2BB2S 14.93 MIDWEST BSNS PROD OFFICE SUPPLIES 0039-4210 313064 OH <•> 61 02 IS 95* MIDWEST BSNS PROD OFFICE SUPPLIES 0069-4210 363064 OH 2BB2B «•> 1992/11/23 9133 45 9133 45* MN CORRECTIONAL FACILITY WARNING TICKETS 0129-4322 712 OH 2BB27 1992/11/23 923 30 MN CTY ATTORNEYS ASSOC HANDBOOK 0129-4240 000093 ON COUNCIL CNCCK NtOISTCR WED, NOV II. 1992, 9 21 PM P*9« *CNiCK NO <•>ACCOUNTCHECK DATE CHECK AMOUNT VENDOR DESCRIPTION HUM8ER INVOICE NO923.30*PONUMBER MANUAL2M2I<•>1:92/11/23 2H2I 1992/11/23 1992/11/23 1992/11/23 29930 <•> 29931 <•> 29932 <•> 29933 !•> 29939 <•> 29939 <•> 29939 <•> 29937 <•» 29939 «•> 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1M2/11/23 1992/11/23 1992/11/23 tIS.OOtIS.OO* 5240.00 tlSO.OO 190.00 S4S0.00* 1130.72 1130.72* 913.90 913.90* 9230.00 9119.00 9119.00 9490.00* 940 994 9119 920 92 99 93 919 90 91 94 47 19 11 37 11 9349.93* 990 23 9134.97 9224.90* 99,229.00 99,229 00* 9119 09 9340 04 9499 09* 994.92 994.92* 9392 70 9392 70* MN DEPT OF REVENUE MN DEPT PUB SAFETY MN DEPT PUB SAFETY MN DEPT PUB SAFETY MOORSE RON MPLS OXYGEN CO NAAB/TNERE9A NAAB/THERESA NAAB/THERESA NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NSP NSP HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE NSP O'SULLIVANS NAVARRE AUTO O'SULLIVANS NAVARRE AUTO OMAN/LYLC ORONO IND OUT 9271 92 MN QUALITY CONF GJDN CHARGES CJDN CHARGE SEMINAR ICMA CONF DEMURRAGE CC MTG 10/29 911/9 PARK MTG 11-2 PLANNING MTG 11-19 PARTS PARTS PARTS PARTS PARTS PARTS SUPPLIES SUPPLIES UTILITIES UTILITIES 0039-4399 QM042 0129-4399 92Q3194 0129-43SS 92Q3193 0129-4396 T0443I 0039-4356 000127 0129-4232 340721 0039-4309 000120 0290-4309 000120 0174-4309 000120 0249 0249 0290 0949 0999 0990 0040 0129 4234 4232 4231 4234 4232 4232 4210 4210 000094 000094 000094 000094 000094 000094 000094 000094 0249-4324 000099 0999-4324 000099 UNDERGROUND WIRE WTR TWR 0439-4930 000119 CAR WASH TICKETS REPAIR TRUCK MILEAGE RENTAL OP CONF ROOM IMIt <•> IR92/11/23 929 39 929 39* OTTEN BROS SOD A SOIL IMM «•» t•i^/ll/23 mO Ooo09 fWPERA INS DEC INS 0129-4341 000099 0174-4341 000096 0174-4391 000121 0129-4399 000399 0249-4233 75343M 0129-4192 000129 OH OH OH OH OH OH OH OH ON OH OH OH OH OH OH OH OH ON OH OH OH OH OH OH COUNCIL CNCCK iCOISTEi WED. NDV II, 1992. 9:21 PM PI9* SCHECK NO CHECK DATE 1992/11/23 CHECK AMOUNT VENDON OESCKIPTIONPEMVS T9UCK KEPAIR. . . . . . . . . . . . . . . .ACCOUNT poNUMBER INVOICE NO NUPffiER MANUALOH29941<*> 29942 29943 <•> 29944 <•> 29945 «•> 29949 <•> 29941 <•> 29949 «•> 29949 <•> 29910 <•> 2090; <•> 29992 <•> 29092 «•> 29994 <•> 20999 <•> 29999 <•» 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/23 1992/11/231992/11/23 1969.60 6966 60* 661.20 623.36 667.63 6216.46* 653.2S 653.25* 665.60 665 60* 6266.06 6296.06* 6392.00 6392.00* 6275,415.49 6275.415.46* 64,444.54 60.03 64.444.57* 617.51 613.66 94.31 935.60* 65.640.00 1104.44 65,944.44* 62.723.9362.723.63* 624.50 624.50* 61.042.00 61.042.00* 62.666 50 62.111 50* 6594.00 6594.00* 111 469264 40 6305 66* PIONEER PIONEER PIONEER PITNEY BOWES REPAIR ELECTION ADS BRUSH FEE ADO AOS METER RENTAL PLYMOUTH VILLAQE AUTOMOTI TOW OOLF CARTS PRAIRIE OFFSET PRECISION TURF PROGRESSIVE CONST putLie EMPL Sir aIIn RITE CAMERA RITE CAMERA RITE CAMERA ROLF r ERICKSON ROLF E ERICKSON ROLLINf OIL CO PURCHASE ORDERS CALOQRAN STUBBS BAY PYMNT 64 PERA 10/26-11/6 PERA 10/26-11/1 FILM DEVELOP FILM DEVELOP FILM PROCESSING DEC FEE SUPPLIES GASOLINE RONNIES NAVARRE DRYCLEANC CLEAN BLANKET/SUIT 0246-4341 000123 0040-4323 000090 0295-4323 000090 0174-4323 000090 0129-4321 746917 0590-4342 000124 0069-4322 9279 0590-4343 002249 0406-4531 000122 9966-2031 000125 0126-4141 000125 0126-4210 3761469 0129-4210 3761661 0126-4210 3762146 0059-4307 000112 0056-4210 000112 6001-1290 000100 0126-4342 000101 SCMfNING ENCAVATINQ SR CMNTY SERVICES EQUIP RENTAL 4TH QTR PAYMENT 0246-4331 104 0100-4365 000103 ST CLOIR^ STATE UNIVERSITY CONF-MCNICHOLS/TOMC2YK 0126-4359 000102 ST JOSEPH EQUIPMENT ST JOSEPH EQUIPMENT PARTSREPAIR 0246-4232 SI05602 0249-4342 SW01137 OH OH OH OH ON OH OH OH ON OHON OH OHOH OH OH ON OH OH OH ON COUHeil CNCCK RCQISTEII WED. NOV II, 1BI2, l;2i P*9« •Hex NO CNfCK DATE CHECK AMOUNT VENOON DESCRIPTION ACCOUNTNUMRER INVOICE NO PONUMBER MANUAL2M97<•>iM|/ii/nitti/ii'n 142.47S12.0SIS4.S2*TOLL CO TOLL CO PARTSPARTS 0244-42320249-4232 102345102999 OHOH2MSI <•> 19|2/ll/23m2/ll/23 S213.00 tS37.l3 4750.13* TOWN A COUNTRY TOWN A COUNTRY NOV CLEANING NOV CLEANING 0124-4344 0099-4344 000105 000105 OH OH 2••t• <•> 1M3/U/23 4241.10 4211.10*TRACY OIL CO UTILITY 0590-4324 14344 OH 2SttO <•> IM2/11/23 4400.00 1400.00*TWIN CITY STRIMINQ STRIPE CROSSWALK 0249-4233 000049 OH 2M91 «•» 1H2/11/33 i•f^/ll/^3 4341.72 $1.44 4400.20* UNIFORMS UNLIMITEO UNIFORMS UNLIMITED UNIFORMSPART 0129-4221 0129-4232 000124 000124 OH ON 2tM2 <•> 1M2/11/23 1M2/11/23 1H2/U/23 424.14 423.11 I3S.3I 444 43 431.5S4144.43* US WEST COFMUV' US WEST COMMON US WEST C0M4UI. US WEST COIWUN US WEST COMMUN DATA PROCESSING DATA PROCESSING DATA PROCESSING TELEPHONE TELEPHONE 0049-4355 0544-4355 0544-435$ 0129-4320 0244-4320 000104 000104 000104 000104 000104 OH OH OH OH OH 2CM» «•> l••^/ll/^3 1H2/U/23 44.40 4455.14 4441.74* VILLAGE CHEVROLET VILLAGE CHEVROLET PARTS REPAIR TRUCK 4424 0249-42320249-4341 2501IM CVCS4794 OH OH ttttA <•> IMt/U/23 4344.77 4344.77*WARNING LITES OF MN FLASHERS 0244-4331 0034732 OH 2MBS <•> iM2/ll/23 4347.53 1347.53*WATERFRO PARTS 0549-4234 405634 ON !•••• «•> 1M2/11/23 424.33 424.33*WECKHAN STEPHEN MILEAGE 0174-4341 000107 OH ttttr <•> lttt/11/23 414.75 414.75*WESTONXA GLASS SERVICE WINDOW REPAIR 0590-4343 4423 OH mti <•> 1M2/U/23 447.474 70 447.474 70* 4427.371.40* WM MUELLER A SONS SITUMINOUS 0249-4233 000041 ON i tifkCl irvj<. ot council MEEnN6 NOV 2 3 199? CITY OF ORONO \ or\ $ : ITot Frost Dtttot i jRon Moorse, City Administrator Kj ^ Jeanne A. Mabusthr Building & Zoning Administrator November 20, 1992 Subjoctt Hennepin County Groundwat'^r Plan Stephen Heckman has been asked to write a review/status memo regarding the Hennepin County Groundwater Plan. His memo provides a brief review of the current status of the five-year process at this point. If Council wishes more in-depth discussion, we can accomplish this by either having Stephen Hecksian appear before the Council or by inviting Leigh Barrod of the Hennepin Conservation District. Based on interest in this plan expressed by certain CounciImembera, you may wish to include this as an information item in the Council packets for November 23rd. Isv TO: FROM: DATE: RE: Jeanne A. Mabusth, Buildinq & Zoning Admlnisitrator Stephen Weckman, On-site Systems Manager November 19, 1992 The Henneplfj County Ground Water Plan At the request of the Board of Hennepin County Commmissioners, the Hennepin County Conservation District has prepared a county ground water plan to promote the conservation of ground water and protect this resource from contamination. This plan calls for local government support to implement a plan to reduce or eliminate ground water contamination through wise management practices. The Hennepin Conservation District has submitted a copy of the ground water plan to the City for review and comment. The City staff attenvled meetings late this summer regarding the intent, adoption, and implementation of this plan. Adoption of this plan is optional, however the state may mandate a plan if this method is not successful. The approval procedure will require approximately five years to complete and involves several reviews from watershed management organizations, soil and water conservation districts, Hennepin County, Metropolitan Council, State of Minnesota, and the Board of Water and Soil Resources. After the City's preliminary review and comment period, approximately 4.7 years will remain for plan approval. Implementation of the plan would involve the formation of a ioint powers agreement whereby local municipalities join together to incorporate the wise management of our ground water resources through existing city planning and zoning staff. The plan specifically calls for the elimination of pollution sources near municipal water supply wells or geologically sensitive areas and the monitoring and reduction of possible pollution sources in undeveloped The implementation of this ground water plan should not be a burden on the City as implementation will not require a great deal of staff time and effort to maintain. The Hennepin Conservation District will provide technical expertise and computer resources for the identification of all existing wells, potential pollution sites, geo 1 ociica 1 - v sensitive areas, and other pertinent information necessary to make wise planning and permitting decisions. The City will be asked to adopt a specific plan requiring the abandonment of unused or non-conforming wells and the reduction or elimination of potential pollution sources, but once incorporated into our existing ordinances should not require much additional effort to maintain. Adoption of the ground water plan would appear ♦•o have little Impact on Orono. As the City s relatively undeveloped, there will be relatively few potential pollution sources to regulate. The primary effect the plan would have is to incorporate ground water protection into planning and zoning ordinances and permit application reviews. MemoNovember 19, 1992 Page 2 The City would also benefit from the implementation of this plan as the waterhed district's geographic index system provides excellent mapping capabilities as well as PID oriented data base for use by local governments adopting the plan. A draft copy of the Hennepin County ground water plan is enclosed for your review, A staff meeting could be arranged if further information is desired. Also, Leigh Harrod of the Hennepin Conservation District has indicated that they could send a representative to discuss the ground water plan with staff and/or the City Council. ••l«n<intation of this plan as ayataai provides excellent anted data base for use by I water plan is enclosed for an^ed if further information inepin Conservation District resentative to discuss the ty Council. % wmt3380 SHORELINE DR. NAVARRE. MN. 55392 yue^yy^yiyjL.^ / 7 9Z------- <St .^yi^y^jSty^kyyypttJZ^y^ ----------- ^-€-. ^ty^ ^ <=>f^ "^^^.Cytey^,y<y.ytJi_^ ly^a^tyt^^‘ eyiiyyy yieyir-'iciyt‘yyy>-<^ ^yf>^y'<s-<L • m 9^ m7^A'^\/. * ’ 'Police ‘decoy ’ buys l^r, cigarettes in L.L. !•’ • By CMrl AR4crfon ■ Lon| Lake'* Cmmcil Tuesday ' learned dial a l7.year-old police ' "‘decoy" bougki cig«ieuea and beer ai one csiablisiMieni and cigareuea rrem four otiicrs in die city Nov. II. Orono Police allege ihai Kenny s Market. Inc. sold ike yoiMk beer and cigarettes, and Ike Lienor Bam. Koaknea‘s Amoco. Reniager'k 76. and Snyder’s Drag Store kad sold him cigarettes. Reporu indicate that five other stores wiiMn the jurisdic- lion of the police department were also cited, bringing the total» nine. The alleged violations at Kmny’s Maiket will be forwmd- ed to (he eky anomey's ofllca for possible prosecMion of the em ployee, according to a copy of an Orono Police letter to the coun cil. The four other establish- manta will be warned and prose- cuion will not be pursued this lime, according to police corre spondence. Ay of the merchanu, howev er. wore warned that police will continue to monitor the sale of Sailing cigarettes to Juveniles is a grou miademaanor vioiadoa oT* state law. The maaimom penalty la an to one year in Jail and a ISAw Ana, according to the oaMea Mannaiianai The ail'.Tne ailegaUon against Kenny’s Market is not the fm Kannath ’’Skip'’ Ymmgberg. manager, appsarad before the council in a pahik hearing laat Sept I to laapand to aHrgnttons dial store parionnal acM boor to a 19-year-old youth working for palic a June 24. of the }.2 fined sun. At the used ia the to be acieeaing of per- J !ttiM ibosa Hama. Ihnadny night I se< cuenethnoml mayor in ifco of Beuy Infomred Uw t f: • '■V. li-'. »‘ Wr V' I- \ ^ •’V. 1^ b/' ( /^ /99' cr T A ^ ■ - /*' / ^t. C':^*^ y -—^ , . j: / .-;. L. i v •:-> y y . * . —, . y y^, .y^^t c"* C-^ ./y£. ^4^, JTjv y y./ ■ ' ^ y. r. '’^,Jy<>' ~7^-^ ■ / ^ r.^i- X “z >-cx ’ ^ y f ___ ; 1 X^iayiyi^ y' ^ (V. ryf^iy*yttJL^ l/£^ J/^f .y ^»*-*-—K, rr^^Cy '^yM X ,.*^yy^J^Ldyy*^ -i I ’yrrty 'y^'‘-» ^ w r X’.^1*7 , 4 ^yy<f 4 7 'y-. 'N, 'VV- • ^SKst,:,; ■ ^y.y-'- • »'‘T*<. » • *4 /' ^ 15^—*■ ^ ^yy<y-j7 r-.'—• I y,^-‘ w*‘*' -• -•'.. aesoc metromunicibalmee Contact r' i,''. lert NOV 1 6 1092 Nov«ab«r 13, 1992 TOt ANM Board of Directors, Member Cities FROM:Staff SUBJECT: Agreement for city aid distribution; 1994 thru 1996 The League of Minnesota Cities (LMC) has developed a Local gov^nmant Aid distribution formula that the AMM staff believes meets AMM policy criteria developed and approved by the AMM Membership. The major issue this next session for cities will be protection of the Local Government Trust Fund (LGTF) with a full two cents •alas tax to fund the existing programs. Included in the USTT in 1993 is about $800 million total of which the county share is about $300 million, city Local Government AID (IXSA + EQA + DBA) is $321 million, and city Homestead and Agricultural Credit Aid (BACA) is $189 million. Governor Carlson has indicated he dMs not believe in state collected taxes being used to finance city services. Many Minnesota Chambers of Commerce, business organizations, the Minnesota Taxpayers Association, a^ the COPE study commission are advocating elimination or significant reduction of state collected revenues for city services. The •tate is facing a projected $840 million shortfall while school funding needs are projected to grow by 24%. If cities are to successfully save the IXSTF, IX5A, and HACA, wes.s:sr«s sp'iS.'y:. it is highly probably that both MA and HACA will be lost or significantly reduced. Therefore, each conpeti^ interest should look at the package and the benefit in view of possibly losing everything. This formula is not perfect but it does represent a real compromise among the competing city organizations and no organization got exactly what it wanted. On balance, when all factors and interests are considered, we believe it is in the best interest of AMM Member Cities to support this formula. -1- J494 Icxinzton avenue north, p:iui. :ni;iiic>ota 5^.16 tol2) ^90»Jj0l i J i i i i } i ! ! -niym Th« UfC position is that each program within the LGTF grow at the same rate that the 2 cent sales tax grows, that HACA be kept a separate program, and that Local Government Aid, Equalization Aid, and Disparity Reduction Aid be combined and grandfathered at their current $321 million distribution. The U(C Board determined that it would be inappropriate to support taking money away from member cities as well as politically unpopular legislatively. Finally, the UfC formula will distribute the growth each year from the 2 cent sales tax growth attributable to the combined L6A, EQA, and DRA (i.e. 5% total groiith would equal .05 x $321 million or $16 million for new LGA, .05 x $189 or $9.5 million for city HACA, etc.) The UfC Growth Formula to distribute new LGTF growth for LGA is WEED X RELATIVE TAX BASE. NEED is based on a number of factors contributing to city service delivery needs such as percent of pre 1940 housing, population, population growth, age of population, crime, tax capacity per capita, and median family income (all factors contained in ANN policy criteria). The NEED factor replicates spending patterns of groups of cities for various factors but not spending in total. Thus, it can no longer be argued that 'the more you spend, the more you get'. The relative tax base factor is an individual cities tax base per capita comparison to twice the statewide average. As one segment or area tax base grows, the average grows, and thus twice the average becomes an upward moving target. Generally a tax base equalization element in a distribution formula would tend to work negatively for the metro area. However, because this does not equalize to the average but twice the average and because past inequities nay have favored outstate, the formula based on need x relative tax base favors the metro area. In fact the formula chosen was the best in absolute terns of all formulas tried by the UfC and the AMH computer contractor for the Metropolitan cities. The final element of the agreement is to attempt to sunset the groirth distribution formula for distribution after 1996 to force all city groups and the legislature to review the results of the growth fonuila in 1996 after three years operation to ensure that it is in fact doing what was intended. Distribution Note: This Alert has been nailed to Mayors, Managers/Administrators, and AMM Legislative Contacts. f . .■■•a. -2- lEIE League of Minnesota Cities 3490 LenngUin Avenue North St Paul, MN 55126 (612)490-5600 ■ ♦ NOV 1 6 NoVMb«r 12, 1992 'i COv TO: FROM: SUBJECT: City Cl«rks and Kanagars Can Andra, Intarin Exacutiva Diractor Statanant by Larry Bakkan concarning tha racant invaatigation and ralatad action takan by tha Board. In Auguat of 1992, aona currant and fomar anployaaa of tha Laagua of Minnaaota Citiaa contactad a Laagua Board nanbar to aa;praaa eonearn about work plaea bahavior, including inappropriate tailing of jokaa and uaa of language. Tha Board nanbar reported thaaa cal la to tha Executive Connittaa of tha Board. Tha Executive Coanittaa authorised an invaatigation of tha conplainta. Tha Laagua haa a policy idiich prohibita bahavior «diich givaa riaa to a hoatila work anvironnant. Tha Board wanted to addraaa all auch iaauaa quickly and thoroughly. An invaatigation waa conducted. Tha Board haa nada and continuaa to naka all afforta to praaarva tha privacy of everyone %rho participated in tha invaatigation. After reviewing tha raaulta of tha invaatigation, tha Board concluded that it would aak for tha raaignation of Exacutiva Diractor, Donald Slater. Tha Board found that Slater had uaad inappropriate language and had told inappropriate jokaa. Tha Board waa concerned about a aanagaaant atyla that waa inauffieiantly attentive to tha coaaitaant of tha Laagua and ita mmmbmr citiaa to provide a work place ataoaphara that ia coafortabla for all of ita aaployaaa. Tha Board did not find that Slater engaged in inappropriate aaxual conduct with any Laagua aaployaa or fomar aaployaa. It ia alao iaportant to note that during tha year a that Slater aarvad aa Executive Diractor, tha Laagua attained an axtranaly high proportion of famala profaaaionala and aanagara. Slater %dio received a aalary of $87,000 par year had an aaployaant contract with tha Laagua under which ha waa entitled to three aontha of aavaranca in addition to nomal banafita if tha Board ware to and hia ralationahip with tha Laagua. In a negotiated agraaaant, tha Laagua agreed to provide Slater with three additional aontha of aavaranca, with $12,000 for out placaaant aarvicaa, and with paraiaaion to purchaaa froa tha Laagua tha autoaobila ha had bean driving while aaployad aa Executive Director. Slater agreed to provide conaulting aarvicaa to tha interim or new diractor aa nacaaaary during the aix aonth aavaranca period. r • "‘i* * V 2*1 01 A Pc if ■ fv* HENNEPIN DATEl November 10, 1992 TO’. Commissioners Q FROM: Judy Chumley, Deputy Clerk of the Board ^ SUBJECT: member at urge appointments - 1993 (ANNUAL LIST) As required under the open appointments policy, attached is the Annual List of all Member-At-Large Appointments that are due to expire in 1993. rT.^ -I NOV 1 B Attach: cc:Douglas Bryant Chuck Sprafka Bob Rohlf David Sanders Ruth Oavini, Co-Chair Reggy Meyer, Co-ChairGary Macomber, Attorney for M'haha Creek W/S Dist. Bill Brumfield Rj^Haikt^Attomy for Ntna Mile Creak M/S Olst./Riley-PursatoryBluff Phil Weber Phil EckhertSharon Johnson, Executive Director CAS Dorene Roeglin, Director, Cownitment Defense Project Monica Sausen Sue Zuidema Mel Sinn - Soil & Water t Various Municipalities (Judy Nally, City of Golden Valley) (City of Eden Prairie City Mgr.) Bob Hanson Dennis Craff Kay Mitchell m TBRH ENDING i j'jj bi:iitr.iMii.b I UK uuMiirn KK ni'i'oi uriiKiiT.i iii:mn;us at i.argb COMMlTTEE/ROARt) | NOUMBENT01/01/93 ^ bl/02/9301/3i/93 SUBURBAN lIBNN. KEGIONAI. PARK UISTKiCTpbrsonM^l BOfihn Nicholas Eoloff LENGTH OP TERM4 years libftAi^y hdARb CllllbftiN*S NENTAk. HEALTH AhVISORY nOARI) «Iorome Coughlin Tiro Lovaasen 4 years W72779T ‘ - Mil ■■ :• TTT ~n 'HI, 7iT/WJ 1i/ji/yj h ■-‘f ... Christopher Dates Etiward HcGlynn Ahita SelIn 3 years HIn^ehah A creek U/5 hl5VRl(31' II^n HepIII yeX ^^RIV at B iNmi.sfHY colinCIV." Carol Kaste Douglas Schimelpfenlg Eve Elliot Kathryn Rennie Mary Magniiso?) Mary Peacock Michael Gallagher Rita Warren Ruth Davini Susan Brown Tim Moriartv iV 3 years TIames Spensley Robert D. Erickson 3 years NiLBi^PuMGnTUNlF-iiItUrP ck P.EK H/S UIST k ICt lifcNNAPIN ^EA PRIVATE INbOs^RY COUNCIL boiiglas bavis 1*»rF7“P»PBMP H ears Susan Scribner iienNEPih TtiH pKifATC iniiu^ThT cuUNClL' n IAK nkt.E CREEK W/S IlfSfinil’T............ ■■ James HcDonough*Jr. UlSIiA^h PoiAnsRi ACTION POR siirurr AN iiRriiiB^iN ni) Kf) ^chiick Larry Madden Tiarfln Ri 3 y( TyiSTF 3 years HmHiVlH fBA PRIVATE INUU5TRV (*uUH0IL rsch Ted Mondale Lisa 2awtocki 1 year bCn¥AL COHHlThBNT attiirrey panel a HVISORV iinARii wniiam naCFBn UAPITAL sUuuBTlNIt TASK PIIRL'E ■' .........................JAm4s KPXKBP COHHUHITY IIBALfti 5EmCB5"ADVTSIWV (!»TBir Robert Reznick iSayle Hall in 3 y / yeAri 4 Vea/a COUNTY EXTENSION (?()MMITTEE Jerry Du 1 gar Jerry Thelen Joy Prestedt Laurel Del or la Mary Tambornino Marvin Johnson Sever Peterson ^41. J.. ■> iHfm Lake Minnetonka Conservation District MEETING AGENDA TECHNICAL REVIEW COMMITTEE (TRC) Meeting of Nov. 24* 1992* 8:00 - 10:00 a.m. Norwest Bank Building* Community Room #135 900 E. Wayzata Blvd.* Wayzata I. Diacusalon and Approval of Minutes of 10/20/92 and this Agenda II. Flexibility Request Updates A. Victoria (Thibault) B. Minnetonka (Worthington) C. Others (Fick and Members) III. Grant Agreement Extensions (Fick) IV. Stormwater Management (Fick) V. Other Topics VI. Next Meeting 0!c:r/c-nI ‘I ll'16-92 m a T » •M*.' an >1 '•S I it'' Vf (>.• ■ ■■ V »■ * f' • - rT'r -ii- -- ■ LAKE MINNETONKA tONSf.HVA I'ION DISTiacr MINL'TES rtCIlNICAL REVIEW COMMIT lEP. (TRC) of Oct. 20. 1992. 8:00 AM - Noon Norwest Bank Building ** Board Room. Mezzanine f loor 900 E. Wayzata Blvd.. Wayzata I. Agenda and Minutes Minutes of 9/22/92 were amcnd<>d at the rcMiue.®:! of .loEllcr' Hurr to change the height figure in the second paragraph of the Mtka. Beach section from 30' to lO’. Agenda for this meeting was approved after being revised at the request of Steve Prestin to add a shore lighting item at the end. to be presented by Gene Strommen. (Attendcncc list attached) II. Flexibility Requests A. Excelsior iGreg Withers) Greg distributed conies of a five nag»' ''levib lit' reoiie**'. with attaclieii additional snei Is containing maps with zoning, shoreland area, and topographic information. He then summarized the City's history, shoreland situation, and reasons for seeking flexibility (see packet), briefly. City's request includes a 35 foot height limit, minor reductions of particular lot widths and areas, urc of “averaging" for lots, and higher impervious limits for particular categories of lots. the Following Greg's presentation, members expressed several comments. The representatives from Spring Park and Mound observed that the existing impervious coverages computed for Excelsior are similar to theirs for similar land uses. G«>ne Strommen inquired about whether tennis courts and service buildings within City parks were computed as impervious (table Shows 0). Greg acknowledged they apparently were not counted, but should have been. Another member asked how runoff from the downtown area is handled. Greg responded it now goes directly into the lake. However, he explained that when new development or redevelopment occurs, the Citv requires it to meet standards of the MCWD. Ed Pick mentioned that EPA regulations are beginning to require use of retention ponds prior to discharge to surface waters for large cities. It is unclear at this point, however, how far EPA will be pursuing such requirements for smaller communities. Ed also mentioned an upcoming meeting (10/2.1. at 10:00AM in LMCD conf. room) at which scvcrji I c i ♦ y officials will be discussing with DNR staff how stormwat>*r management will be handled in the interim period until tiie cities have completed their stormwater plans. Steve Prestin l suggested that someone from bWSR be invited. hd also mentioned that this and other emerging iss.ics arc liKcly to mean it may take DNK 3 -6 months to complete thoroueb review of the cities' ordinances. B. Deephaven (.Mark koegieri .Mark distributed copies of a two pag< m'*moran':um outlining the City’s fle.xibility request. He then sunr.;aar i i:ed tlio City's existing land use situation, which consits of a 'downtown" commercial area (in shoreland of Shav?r’s Lake). large-»ot single family residential areas, and va.st open space areas with natural vegi* tat i vo cover. Hu rnly flexibility item being requested which affects Minnetonka shoreland is for a 30 foot height l’*;it. The Cit\‘ has several standards, including a 100 foot structure setback and a prohibition on water-oriented acc«*ssory structures, which are more restrictive than State standardly. C. Victoria (Bill Ihibault) Bill began by distributing copies of a four pagf ftexibility request package. He then descril>ed the City’s diverse shoreland s i tii.i t i or*. It has all three classes r •• l.il.es ar I existing «levi-ranging fron. a liigi.l;* u.ii*' r\n downtown area (Slieger Lake); to a suiistant ia I I y dew-loned . single family residential situation on steeply sloping, wooded lots alone; Minnetonka: to larg» . undeveloped areas eIsewhere. Although the City is requesting flexibility on several Ir.t dimensional standards, these do not affect the Minnetonka shoreland area. For Minnetonka, the City is asking for a 3.*5 foot height limit and higher impervious limits for certain zoning districts (see package), although t.hc limit for r sidential areas will be lOX. It may also ask for some flexibility regarding residential dcnsit> . but ihis issue is still being evaluated and will be brought to the Committee 1 a t e. . In the course of his presentation and the discussion following. Bill also mentioned several other items of interest. One is the City’s orderly annexation agreement (15 yrs. old), which will probably add an aditional 18 sq. mi. of land (including shoreland) to the C*ty. Another is that the City already has a pre’ minary stormwater management plan for the downtown area. Finali'. he mentioned that he feels the City needs to add shoieland areas to its official maps to enhance long-term administration of the standards. Several members expre.sscd some concerns ?>l)out tin; multi- family densities proposed by the City and asked where llu se would be located. Bill responded that this type of r t r,*' s. t-. development is not proposed by the City for the Minnetonka shore I and area. Another member asked how the Ci^y treats gravel driveways when tallying impervious coverage. Some discussion then ensued regarding this issue. Several members cautioned others that to make impervious limits work, they are either going to have to start requiring permits for drivi?s or automatically count them as impervious, independent of the material used. C. Minnetonka (Bob Worthington) Bob began by distributing packets containing the City’s flexibility request, a schedule of steps leading lo adoption, and a letter he sent to Ed Pick (10/14/92). The latter contains a list of items for which the City is seeking flexibility. These include height, lot sizf. impervious surface, floor elevation, width, and density. Bob also passed around a map showing land uses from the Comprehensive Plan, with the shore Iand areas of lakes and streams also depicted. Bob then went through the materials, answering questions as they arose. In the course of the discussion it was determined that floor ficvrj’ion n--ei’ rot be on the flexibility list. Ihi ollur major items lor whnh the City is seeking flexibility are to use a 3.*J foot height limit, smaller lot sizes for 2-4 unit developments, and a 30X limit for impervious coverage. Members did not express serious concerns about the City’s proposals. One did. however, need to be reassured by Bub that the 35 foot height limit would apply to the one commercially'zoned area on Minnetonka. E. Greenwood (Frank Kelly) Frank began by distributing copies of a draft shorelaml ordinance and the City’s flexibility request, which is a memo from the Mayor to the TRC with an attached tally of the City’s existing lots of record, by size class. The memo indicates the City is seeking flexibility for a 30 foot height limit and to use a 30X limit on impervious coverage of a lot. with an allowance to go to 40X through a conditional use permit and submittal of an adequate stormwater management plan for the property. Frank also explained the City has numerous existing, long, narrow lots which are less than 50 feet wide at the shore. They propose, therefore, to only measure 1^t width at the building setback line. In •'vccnt years the City has approved subdivisions which have 20.000 square foot, non-riparian lots. It also no longer allows any new boathouses. 1 t A. i,;. . '•* • 1.* ; - > ' : . ’ : r ..r\•» I- %t fr Members did not express any seriou'4 eoMcerns. III. Updates A.Mound The City has decided to allow locl» boxes similar to the Orono approach. B Tonka Bay The Council docs not want to incluile t?ra*.el drives as impervious surface. C.Others Ed Pick distributed copies of letters from DNR to the i-ities regardin'^ the flexibility requests of Vayzaia. Mtka. Beach. Spring Hark. Tonka Bay. and Woodland. IV. Shore Lighting Gene Strommen briefly summar ? thn prohirm ;*nr! di>trn»u»'d copies of a memo from aim to the (.omm;itee. lie ^oiiiLi*d (.ul the memo contains some suggested ordinance provisinns developed by LMCD Board member. Tom Reese, to address the problem. Gene also explained a sheet attaclied to the m«mo which gives an example of how specifications fior reasonable dock lighting can be developed. Several members responded with con<*rrns regarding possible difficulties of enforcing some of the language in the suggested ordinance provision. They felt that, to be enforceable, the ordinance would need more detailed specifics such as hours of applicability and allowable footcandles of illumination at particular locations. Some members did feel, however, that the suggested language would have value as an educational guide for light, installers. One also commented that the mention of the alternative of using low“wattage. diffused lighting would be useful. V. Next Meeting Members agreed to meet again from 8:00 - 10:00 AM on November 24. Hiiigfilii•ill'll- 'ir-i! 1 ........*-J a/waie /4u b^^VV GiWaaU\, i{^^\ V^ 1 K • io cc<-» j,V (.' •t .1 ;i •i .t I! /?/=-A?i:rs-px/7/Aj<c: /o/^oArA Lhci) OoJU ^ H'Y ' -“I <Si>r' l/(«-TO(Cl.W }U f M / • / " . / J7x^/f V 15 7 ¥ LAKE MINNETONKA CONSERVATION DISTRICT900 EAST WAYZATA BOULEVARD. SUITE 160 • WAYZATA. MINNESOTA 55391 • TELEPHONE 61Z473-7033 EUGENE R. STROMUEN. EXECUTIVE DIRECTOR ■OARO OtvM H. Cochran. Chair Qraonwood Tom Pann. Vico Chair Tonka Bay Oouglaa E. Babcock. Secratary Spring Park Soott Carlton. Troaturer Mbwietritia MkoBioem Mnnoionka Beach Abort (Bert) Poster Ooophavon Jamoo N. Qrathwoi Enoolsior JoElonL.Hurr Orono tMNam A. Johnstone Oueno Markus Wayiata OeorgoC. Oersn Vidoria please come TO AM OPEM BOOSE TO BOHOR JQAMMAMSK LMCD ADMIHISTRATIVE SECRETART Shortwood TomRsoso Mound Robert E. Slocum Woodland JOlOf IS RETIRING AFTER 18 YEARS OP DEDICATED SERVICE TO THE LAKE MINNETONKA CONSERVATION DISTRICT ■t:.. ... HE ARE HAVING AN OPEN HOGSB IN HER HONOR 3:00 FM TO 5:30 PN 3DAT. DECnSMBER 1, 1 N if AT THE LMCD OFFICE 900 B WAYZATA BLVO SUITE 160 WAYZATA MN 55391 RSFRBSHMSMTS HILL BS SERVED rv. I t.;-. • rS- t:..’ ■ -V )-v-' v:". N li- > L. ■•• w k: k h' - k >> h f'-' V. M. 1. 2. 3. 4. LAKE HINHBTOIIKA CONSBRVATIOII DISTRICT LAKE USB AND RBCRBATION CONHITTEE AGENDA Nond«7, Nov«ab«r 23, ^992, 4:30 DH Norwast Bank Building 900 B. Vmjtmtm Blvd, Room 135 (Blnvator aecaaa for Handicappad: uaa uaat antranca on Wayzata Blvd.) Subeomiittaa on Daeibal Lavala: A. Raport of aaating on 10/26/92 B* Brian Tinaraon, PCA Noiaa Control Enginaar Draft Ordinanea aatabliahing a Quiat Watara Araa in part of Halatad'a Bay, aaonding Coda Sact. 3,02 Spaeial Bvanta A. Liat of 1992 apacial avanta for diaeuaaion of Hatar Patrol baing raaponaibla agancy for iaauing Spacial Bvant licanaaa B. Dapoait Rafunda 9 $100 aaeh 1) Bxealaior Chaabar of Coaaarca 4th of July Piraworka, 7/4/92 2) Conaolidatad Raea Schadula, 5/5/92 “ 10/24/92 3) Laka Haatara Swia Club, 5-Mila Swia, 7/25/92 Boat & Mater Safety Education Prograa draft of brochure for approval 5. Water Patrol Raport A. Monthly Activity Raport 6. Additional buainaaa 11/16/92 m I - j -V V. I LAKE MINNETONKA CONSERVATION DISTRICT Lake Access Committee AGENDA 6tO0 pm, Monday, November 23, Norvest Bank Bldg. Conference 900 E. Wayzata Blvd., Wayzata 1992 Room 13S 1.Review Lake Access Objectives and Policies as detailed in the Management Plan for Lake Minnetonka, Pages 41-44, as mailed with meeting agenda Cplease bring enclosed sets to rting* and Hanagesent Plan). 2.Discuss the relationship of the LMCD Lake Access Coasittee with the sulti-agency Lake Access Task Force; 3.Review draft Procedure for Handling Offers and Inquiries Concerning Potential Public Access Sites on Lake Minnetonka (per advance copy of draft mailed with this meeting agenda). 4. 9. Additional business recommended by the committee. Review of next meeting date and adjournment. ««* ■OTICE BCGARDZIO HATCRXALS FOR REFERENCE AT THIS MEETINGS Please bring packet of material provided at the 10/26 Board meeting which included: • Report of the Oct. 21 Lake Access Task Force meeting • Chronology of the lake access study developments since 11/91 • DNR letters of 10/7/92 from MN DNR regarding Mai Tai and Howards Point Marina sites for possible access consideration Also please bring Lake Access Task Force Steering Committee report of 9/16/92 sent out with meeting material for the 10/21/92 Lake Access Task Force meeting AO a. b. c. •ITZONAL BACKGROUND ENCLOSURES; LHCO Chair's Committee Structure Recommendations of 1/16/92 as adopted by the B.*ard 1/22/92 Board minutes excerpt of 1/22/92 establishing the lake access study effort DNR letters of 1/9 and 1/16/92 proposing a study group for public access on Lake Minnetonka * JI % r 1 JUb • GJi££K V/ATEBSMED DISTBJCT WATimHlO I08N0UT f 14600 Miniwtonlia Boul«vanl Mimwtonka, MInnMOta S6345-1607 ofHo«(iiaitiMno imc mai t3»«4« imMCr COONMMirOII: Gton a lOindMiw tOimor MMUaBS: JmH R SpanMr. Pin. • jQtw a Thofli«*ThomM W. lABowN^ IMM 0. Erickson • C. Woodm lOM • CWaon LMtoy • Ttam M«ii. Jr. *■ ’v LMI aiamMo U.‘ A iniiiir'- MOTZCB OBTB CHMMB MONTHLY BOARD MEETING 7:30 p.B. TuMday Novambar 24, 1992 Council ChaflOsars Mlnnatonka City Hall •’? •] i 14600 MinnatonXa Boulavard Minnatonka, Minnaaota T'f cr/c^----\ r '___‘ i ' ,. J /rr NOV 1 8 i5?2 1 ■■■iirifr------- illlliM fb i (AJ CR££KWATERSHED DISTRICT 14600 Miniwtonka Boulevard MInnatonka, MInnaaota 55345-1507 ofRM:aiat9a«a> ftacaia«atM4 OamCTCOOmMATM: Qm B. KtandMmv MAM or tMIMIlia JinM R. Spmlty. PiM. • John E. TIiomM • IlKnai W. UBouniy Rom 0. EMaon • C. WMraw loM * CMtoon Undtoy • Ihomit laplo. Jr. mxci 07 XAXarS MD TZOXiXTXOM COmiXTTlB mBTXVO 4 s 00 P•!§• Tuaaday Hovanbar 24, 1992 Confaranca Room 114 Conmunity Cantar 14400 Minnatonlca Boulavard Nlnnatonlca, Ninnaaota I .fl^ .. . . ... . . ..v- -1... .i^- - . .m. I a ■1 4 <’ •'n. •.j ■ % i'S' i'*' \l MllOnKAKA CRUX WhtJBm BOARD or DZ8TBXCT laiMDA TuBstfoy BovMbor 34, ifta XiBBotoaka city Ball city Ceuneil duudMra 7:30 p.a. Z. call to ordmr: nof atf ndane^. XZ. itePrOYil Qt Afltl XXI. Raadina and approval of of Oetobar 15. 1903. XV.Baadim iroval of 1902. V.WaaylM of Parait Applleationa. A. 3|iplicant: Location: Purpoaa: City of St. Louis Park 9009 Ninnatenka Blvd. St. Louis Park, MM 994IS City of St. Louis Park, Sac 6DB Bass Lake Orating to rasova approxiaataly 20, 700 cubic yards of aatarial froa Bass Laka. B. Applicant: Location: Purpose: Stava Gray 9920 Lorii^ Or. Ninnatrista, NN 99364 Lakatown Township, T1I6, R24, Sac. 8, MW 1/4 Storawatar aanagaaant plan for rasidantial davalopaant involving construction of single faaily dwelling. C. Applicant: Location: Purpose: City of Minneapolis 309 2nd Avenue South Minneapolis, MM 99401-2268 City of Minneapolis, T28M, R29W, Sac. 16 Straaa crossing involving r^lacaaant of existing Jaass Ava. south Bridge over Minnehaha Creak near 91st Street west. i 4 r D. E. P. Applicant: Location: Purpoaa: MO. David Carlson 2400 Mayflovar South Minnstonka, MN 55343 City of Orono, T117, R23, Sac. 22, SW 1/4 StorMvatar Managaaant plan involving tha ranoval of axiating saasonal cabins to ba raplacad by nav cabins. Applicant: laziiii Location: Purposa: Harold Aratz 2401 Gattysburg St. Louis Park, MN 55427 City of St. Louis Park, T117, R21, Sac 23 Floodplain and vatland alteration involving driveway construction and placanant of rip rap erosion protection. tliastien Me. M»ltSt Applicant: Hilloway Corp. 16455 Ringer Road Waysata, MN 55391 City of Chanhassan, T116, R23, Sac. 2, NH 1/4Residential storawatar aanagaMant plan involving extension of storm saver pipe. Location: Purposa: Report A. Co—ittaa Report Attorney:a Report. Adioumnant. 0^ j MZiiuTU or mczAL miTzvo or Ootob«r XS, iff2 MinmiuA crux watuskio dzstrzct ■oxito or mwxoiKs A special naating of tha Board of Hanagars of tha Minnahaha Craak watarshad District was callad to ordar by Chalrsan Spanslay at approxisataly 7:00 p.a. on Thursday, Octobar 15, 1992 at tha Minnatonka Coaaunity Cantar, Minnatonka, Ninnasota. Tha Mating was callad to discuss tha draft EnvironMntal Impact StataMnt (BIS) praparad by ILDOT ragarding tha Highway 101 causaway and also to racaiva tha Bnginaar's raport on Phasa II of tha Glaason Craak Watar NanagaMnt Projact. Hanagars prasant: LaBounty. Spanslay, Lova, Lindlay, Thoaas, and Hanagars abf mt: Hapla and Erickson. Also prass) wars Board Advisors Saith, Quanback, and Coordinator Blanc .*aaii • MnDOT ■ Highway 101 Causawav Ha. Valaria Ilinason, Mr. Tarranca Huabart, and Hr. Joal Schoalling wara praMnt to discuss tha Highway 101 Causaway projact. Hs. Rinason statad that savaral altamativas wara conaidarad as part of a covenant agraaaant batwaan HnOOT, Hannapin County, and tha citias of Nayzata and Hinnatonka. Tha davalopaant of an BIS was raguirad as part of tha four party agraaaant. Ha. Rinason briafly raviawad four altamativas that ara baing conaidarad which all involve raplacaaant of tha axistii g Grays Bay bridge on Lake Hinnatonka and upgrading of tha existing boat launch/parking facility on tha Grays Bay causeway. Hs. Rinason also statad that two other options wara baing considered. Tha first w^uld involve tha raplacaaant of tha Grays Bay bridge with avoidance of any work involving tha causeway area. An additionally option would be to Mintain tha bridge and causeway in its currant undeveloped state. Hr. Schoalling statad that all four altamativas would involve dredging to provide for coiqiansatory floodplain storage at tha Grays Bay Harina and within residential areas on tha Waysata Bay side of tha causeway only. ApproxiMtaly 5.34 acres ara needed for aitigation of floodplain storage areas. Hr. Schoalling also noted that stomwatar runoff will be treated on tha south and of tha causeway as wall as on either side of tha bridge by tha davalopaant of watar traatMnt detention ponds. President Spanslay statad that tha projact needs to provica watar quality for a one year stora SlflftM i •vent and has sons concerns regarding the feasibility of establishing water treatment ponds at the project site. Manager Love commented that he felt strongly about the loss of floodplain storage areas. President Spensley remarked that he would prefer to see the launch parking moved to the shore rather than having it located on the causeway. Nr. Schoelling stated that a cross culvert would be used to connect the t jo bay areas and was included as part of the four party agreer.ent. Mr. Schoelling noted that the cross culvert nay facilitate a potential flushing of mucky material into the Grays Bay area, but this sediment would be regularly removed. Mr. Paul Pedersen was present on behalf of the Grays Bay Marina. Mr. Pedersen was concerned that the removal of the causeway parking would directly affect the parking densities at his facility and favors the alternatives that provide for parking within the causeway. President Spensley commented that the two alternatives that involve longer bridges would be considered sore favorable because less fill and mitigation would be needed. Manager Love stated that it is the District's policy to not use dredged material as fill and to dispose of that material in upland areas. Mr. Schoelling stated that only granular material will be used as fill. President Spensley stated that the Board intends to respond to the project in writing at a later date. Nr. Humbert commented that NnOOT intends to cooperate with the public and District rules as much as possiole but may not be able to satisfy all the District's requirements. Gleason Creek Mater Management Project - Phait II Nr. Quanbeck reviewed the Engineer's report for Phase II noting that an additional portion of the ^?roject nc^^ currently included in the scope of Phase II %rould involve acquiring soil samples to check for contamination at the site. Mr. Quanbeck mentioned that the District may want to stud> additional ponding areas in the upper watershed and make improvements to those as well. Manager Lindley inquired as to whether the District can acquire easements for residents involved in Phase II at the same ti^ that the District acquires them for Phase I. Mr. Smith stated that Phase II was not included as part of the original petition submitted by the City of ffayzata, so the acquisition of easements for Phase II should be treated separately. MfMUi ^'1 H- ■ h r Pr«sid«nt Sp«nsl«y r«qu«st«d that tha Board considar whathar soil sasplas ba includad in tha Enginaar's raport or only ba availabla for public rafaranca. It vas tha consansus of tha Board that tha soil sasplas ba takan and not ba includad in tha Bnginaar's Raport. It was aovad by Nanagar Lindlay sacondad by Kanagar Lova to diract staff to niaka tha inplications of Phasa II availabla to tha public and that soil saaplas ba takan so that tha natura of tha sadiaants in tha ponding araa ba known for tha Public Hearing. Upon roll call, tha notion carried unanimously. A discussion followod as to whether tha District should utilise District Counsel or anottar agency for preparing acquisition of aasaaants. Following discussion, it was moved by Manager Lindlay, sacondad by Manager Lova, that tha Managc.'s racaiva tha Engineer's Report for Phasa II and seek tha nacassaiy ag[#ncy advisory reports pursuant to tha resolution attached to these minutes. Upon vote, tha motion carried. Taehnieal Advisory Conmittsa It was aovad by Manager Thomas sacondad by Manager LaBounty that tha Technical Advisory Comaittaa ba reappointed and publicly commanded for their contributions. Thera being no further business before tha Board, tha was adjourned at 10:15 p.m. Respectfully submitted ting loHn E. Thomas - secretary EBK " I Mxa» RBSOLDTXOII jOk CKiBX wmm DISTRICT • IRISOLIITX miR dt 4 I ♦ ♦ i' : »S I TO ROOD or OWRORRS 09 TO ■ OTBRSOD OZSTSZCT OCIZnO I RSrORT RMO DZmiCTZO TOT R EfORT fOR rOSB ZZ OF TO OLOSOK laOlHT nOJBCT BB fOROROBD TO TO DZTZBZOB Of OTSRB OF TO mOTR BBFRRTMOT OF OTORRL RBB00RC8S RMD VRTRR RRD BOZL RBBOORCBB. TO m WRTBR MR] ItonagBr LindlRy off«r«d th« following rosolution and novad its adoption, sacondad by Kanagar Lova: MORBRS, tha anginaar for Uia Minnahaha Craak Watarshad Oiatrict eok.platad his raport as raquirad by Minnasota Stetutas 1030.711, subd. 2, which raport sats out tha projaet plan for tha undartaking of Phasa XX of tha Glaason Craak Ifatar Managaaant Projaet; and MORBRB, tha projaet iaprovanant is a part of tha basic watar fuubura of tha Ovarall Plan of tha Watarshad District; and BOORS, tha District dasiras tha cosnants of tha appropriata stata agancias with ragard to tha projaet plan. warn TBBRBFOO, BB XT RBS01.F] That tha anginaar's raport sotting forth tha projaet plan for Phasa II of tha Glaason craak Watar Nanaganant Projaet ba racaivad and accaptad and that staff ba diractad to fila eopias of tha raport with tha Oiractor of tha Division of Watars of tha Minnasota Dapartaant of Natural Rasourcas and tha Board of Watar and Soil Rasourcas so that said individuals and agancias nay subnit thair raport to tha nanagars with raspact to tha proposad projaet plan. Pollowing racaipt of tha stata agancy raports, public haarings will ba hold to considar whathar tha nanagars should proeaad with Phasa II of tha Basic Watar Nanaganant Projaet.4 n Thtt quMtion was on ths adoption of the resolution, and there irere five Ayes and zero Nays and two Absent as follows: Spansley Love Maple Ericicson LaBounty Thoms Lindley AXfiX X X X X Absent X X Upon vote, the President declared the resolution adopted. « • « * * I, John E. Thoms, Secretary of the Minnehaha creek Watershed District, do hereby certify that I have cospared the above resolution with the original thereof as the saee appears of record and on file and find the saee to be a true and accurate record of the resolution adopted by the Minnehaha creek watershed District Board of Managers on October 15, 1992. IN TESTXMONY WHEREOF, Z have hereunto set ny hand and affixed the seal of said Watershed District this _ _ _ day of Noveeber, 1992. John E. Thoms - Secretary (SEAL) ■ 14 I xxmiTis or riauus unriKa or OCTOm 22, 1992 ■KAKA CAIBX lATBMllD OZ8TRXCT BOARD or MAMAOBRB Th« rttgular ■••ting of th^ Board of Managors of tho Mlnnohaha Croalc Natorshod District was callsd to ordor by Prosidont Spsnsloy at 7:35 p.B. on Thursday Oetobor 22, 1992 at tho Minnotonka City Hall, Ninnotonka, Minnosota. Managors Prosont: Lindloy and LaBounty. Spanslay, Lova, Mapla, Erickson, Thomas, Managars absant:Nona. Also prasant vara Board advisors Panzar, Syvarson, Smith, and coordinator Klandarman. It vas movad by Nanagar Xiova, sacondad by Managar Thomas, t^t tha aganda ba adoptad with tha axcaption that parmit application ci^v of Qrono ba ramovad. Upon vota, tha motion carriad unanimously. Tha Managars raviavad tha minutas of tha ragular maat^ of Saptambar 17, 1992. Nanagar LaBounty notad a corraction in tha namas of thosa managars attanding tha ad hoc committaa moating for milfoil traatmant. Nanagar Mapla, rathar than Managar Thomas, attandad tha committaa moating. Nanagar Thomas also notad that Mr. Pansor's commonts portaining to tha Mayzata Yacht club vara made <luring Co^^laints and Violations and not tha Rulos and Policios Committaa roport. It was movad by Nanagar Lova, sacondad by Nanagar Lindloy that tha minutas bo approvod as amondod by Managar LaBounty and Thonasa Upon vota, tha notion cairriad unaninoualy• >raval of wyifc Aaolicatioas It was movad by Managar Lova, sacondad by Nanagar La^unty, that tha following pormits bo issuod, basod upon rocosmondations of staff that tha applications vara comploto and found to ba in complianca with tha District's rulos: 92«9S. Wriaht Hannanin Cq«op sitsfarie? Stava and Jan* Von Bavam; 92»172^—HtlUltPin ‘ Rsbocca C Stuart H. Nolan itoek/Jack A Moui ! Mound NOS mrd NlnutM 10/22/m City of Mom Mary Laalla? 92-183. Allan Stamv; 92-184^ LgQiii; 82-iBS. Caratll. In«5.; 82-187 Edina Country Upon yoto, the action carried unanimously. Tablino o£ Ferait hDPlicatiOM It was Boved by Manager Love, seconded by Manager LaBounty that application s2-i7a. city of Mound be tabled, based upon staff recoaaendation. Upon vote, the motion carried unanimously. WmmipAna Pormit iPBliomtiOttS Of Plymouth — ItOM-j CTlTlrti in The Engineers reviewed the project and recommended approval pending the receipt and approval of one item which had not been received. Dan Edgerton was present on behalf of the City of Plymouth. Mr. Edgerton was atrare that a design modification of the berm would satisfy the Engineer's concern. Mr. Panser was aware that the freeboard elevation north of the berm was being reduced rather than increased. Mr. Edgerton stated that he would submit materials shewing the revised berm elevations. Zt was moved by Manager Love, seconded by Manager Erickson, that the permit be approved based on the recommendation of the Engineer with issuance pending the receipt of a a revised plan showing no decrease in freeboard north of berm. Upon vote, the motion carried unanimously. Zt was reviewed by the Engineers, and a recommendation was made to accept application pending receipt and staff approval of revised plan showing no pathway construction below the floodplain elevation. Zt was noted by Manager Lindley that the Board should only consider the stormwater management criteria, not the aesthetic function of wetlands «rhen evaluating a project. Zt was moved ^ Manager Thomas, seconded by Manager Maple, to approve the permit pending the receipt of a revised plan showing no pathway construction below the floodplain elevation for Lake Minnetonka. Upon vote, the motion carried unanimously. 10/22/92 rmomlT of Dan Haatarman vaa praaant on bahalf of Gerald Erickaon. The Enginaar raviawad tha project. Manager Love nantionad that organic ■atarial froa tha dredging ahould not be uaad to cover tha trench, rather cruahad gravel or aand be uaad to raatora tha lake bad. Manager Spanalay conantad that tha Diatrict rulaa require that tha uaa of lake bcda for utility purpoaaa ahould danonatrata a public benefit and ahould rapraaant tha beat aolution. Mr. Maatarsian •bated that other altamativaa had bean conaidarad but vara not faaaibla. Manager LaBounty nantionad tha poaaibility of placing a main gaa line out to Nahpiyata laland to aarvica all tha raaidanta. Nr. Naataman explained that tha placanant of a main gaa line would require a conplata lake croaaing, and tha applicant ia only raquaating a pamit for tha 'apair of 100 feat of line from tha ahora. It vaa moved by Manager Love, aacondad by Manager Lindlay, bo approve the application vith tha condition that raplacamant material uaad in burial of tha line be native aand. Upon vote, tha notion carried. Manager Erickaon abatainad due to a ralationahip vith tha applicant. Managara LaBounty and Spanalay voted no. Praaidant Spanalay noted that a thorough invaatigation of tha placement of utility linaa would greatly benefit tha Diatrict'a anforcanant of thoaa ragulationa aat forth in Rule G regarding lake croaainga. i2=mx is& . me. — st03 f \ I Paul Thomaa vaa praaant on bahalf of tha applicant. Tha Enginaara raviawad tha project and reported that there «rould be aoma net loaa of watlanda which tha applicant ia propoaing to mitigate and that tha City of Minnaapolia ia concerned about tha net loaa of regional flood atoraga and low baaamant floor alavationa. Manager Love atatad that tha net loaa of watlanda and atoraga volumaa ia not acceptable on any permit application. Nr. Thomaa noted that tha applicant will be raiaing tha floor elevation to four feat above tha ground water elevation which ia atill below tha high water elevation. Nr. Thomaa noted that there would be no net loaa of wetland araaa, but there would be a loaa of flood atoraga volumaa. Mr. Thomaa aubmittad an alternative to tha Board for their review that raducaa tha net loaa of wetland area. After further diacuaaion, it vaa moved by Manager Erickaon, aacondad by Manager Thomaa to table tha application pending tha receipt of thoaa items listed in tha Engineer's report in a form and subatanca acceptable to tha Enginaar, and require an additional exhibit that demonstrates that tha basement floor alavationa remain above 862.0. Upon vote, tha notion carried unanimously. aa«ae. citv of Minnaapolia MCWD loard IMnutt*10/22/fS Th« Enginasr reviewed the project, commenting that the Board reviewed this project in June, and since then, the applicant has revised the design of the project. It was moved by Manager Love, seconded by Manager Lindley, that the application be approved pending DNR approval, upon vote, the notion carried unanimously. •a«iss^ Bt. Pavid^s Beheol — Bto3 proieet« t {.I The Engineer reviewed the project. It was moved by Manager Thomas, seconded by Manager Lindley that the application be approved. Upon vote, the notion carried. President Spensley voted no due to the exhibits not being submitted in a timely fashion which prevents the Board from properly reviewing the project. 7S lineal fst Of rip ram. It %ras moved by Manager Love, seconded by Manager LaBounty, to approve the permit application as submitted. Upon vote, the notion carried unanimously. 12=U1 — Shoreline L IT 110 li>i.liM. imTolTinfl It was moved by Manager Love, seconded by Manager Lindley, to approve the permit application as submitted. Upon vote, the motion carried unanimously. President Spensley stated that the Executive Committee will be involved in requesting proposals from various law firms regarding easement acquisition for the Gleason Creek Project. Manager Lindley volunteered to determine which lav firms specialise in developing easement documents. Manager Lindley stated that improvement projects that involve special engineering and legal services should be open for competitive bidding. President Spensley stated that the joint powers agreement with the City of Maysata was receiving some final revisions, and would be executed once it was completed. President Spensley reported that the Executive committee had preceded with negotiations with Hennepin County regarding interim financing for the Gleason Creek Project, and it appears hopeful IKUD ■esrd NfnwtM tO/2Zm 4 J that the District will receive the financing. coMPlalnta and Violations Report It was moved by Manager Love, seconded by Manager LaBounty that the following permit applications oe approved, and "after-the- fact" permits be issued: 89-06. Ben and Judv Simmons; 89-208. Tom KcMorrow: 90-151. Metro Waste Control Commission; 91-76. Lawrence Paste: 92-08. Chuck Downey: 92-112. Keith Wilcox; 92-158. Ned Podanv. Upon vote, the motion carried unanimously. Manager Love stated that the committee reviewed Gayles Marina and the violation concerning Sandra Vroman and will be checking with the DNR regarding its progress. Manager Love also reported that the Wayzata Yacht club did not respond to District's concerns, and staff will be sending another letter. Manager Love reported that staff and himself had met with Ms. Ceil Strauss and Mr. John Stein from the DNR and discussed the future responsibilities of the two agencies. One item considered was the possibility of using DNR's Conservation Officers for the enforcement of District violations. Another discussion item was for the District to develop a permit form as well as a permit to be publicly displayed. Mr. Smith will be developing those permit forms that will be reviewed by the DNR and the Board before being finalized. The DNR also considered the possibility of deregulating their authority of such activities as rip rap and sandblanket permit applications which would reduce the applicant's time when applying for a permit for a certain activity. Ccnsideration was also given to the idea that the District assist the public in determining when a DNR permit would be required which vfould result in a significant reduction in the number of violations for rhe two agencies. President Spensley stated that the District should offer this kind of service to the DNR as well as the public. Manager LaBounty noted that a brightly colored permit could assist in determining that a permit was issued and what agency issued the permit. Manager LaBounty also stated that the District's central location greatly assists the applicant in that the applicant may not need to contact the DNR at their St. Paul location. Manager Love suggested that general information should be av .liable at the District's office for public education. Manager Love also reported that four outstanding violations remain unresolved that involve the Mound Commons. The Committee felt that the City of Mound should bcs held responsible for these violations in the future. Ms. Klanderman stated that a meeting with the City of Mound had been scheduled to discuss these outstanding violations. Manager LaBounty inquiied as to whether any direction was MCUD Board Ninutaa 10/22/92 qiven to District Counsel in finalizing the violation at Libbs Lake. Mr. Smith stated that a stipulation of dismissal will be issued to all the Libbs Lake residents involved in the project. Manager LaBounty noted that a representative from the Board of V^ater and Soil Resources was present at the Complaints and Violations Committee meeting. rinmvt Report Manager Lindley presented the Treasurer's report for October 22 1992. Following discussion, it was moved by Manager Lindley, seconded by Manager Thomas, that the treasurer's report be approved and that checks be issued. Upon vote, the motion carried unanimously. Plane and pragrams Report The Plans and Programs Committee had nothing to report for this month. Rules and Polioi The Rules and Policies Committee had nothing to report for this month. coordinators Ms. Klanderman stated there has been two r«schnical Advisory Committee Meetings and useful information was obca.'ned from those attending. Ms. Klanderman also distributed a memorandum from J.M. Montgomery which lists the engineering services provided for the Gleason Creek Project. Ms. Klanderman also reported that MAWD is requesting that annual fees for 1992 be pa^-d by the District. President S|»nsley stated that payment of the dues would allow the District to participate at the annual meeting. It was moved by Manager Thomas, seconded by Manager Erickson to authorize the treasurer to pay the appropriate dues. Upon vote, the motion carried unanimously. It was moved by Manager Thomas, seconded by Manager Lindley to nominate President Spensl<iy and Manager Maple as the delegates for the MAWD annual meeting and Manager Love as an alternate. Upon vote, the m' tion carried. It was moved by Manager Love, seconded by Manager LaBounty to authorize the payment of expenses for the Coordinator to attend the MAWD annual meeting. Upon vote, the motion carried unanimously. MCUO Board Ninutoa 10/22/92 Ms. Klandernan requested that the Managers review the resolutions from other Districts that will be submitted at the MAWO annual meeting and forward their comments to her by November 15. Ms. Klanderman also stated that she had jointly prepared a informational matrix with the assistance of '^NR and LMCD staff and requested that the Managers review and comment on the contents of the matrix. As a discussion item, Ms. Klandermar suggested that th>^ Managers meet one hour earlier for their regular Board meeting. Mr. smith noted that there would be an additional expense involvec. in publishing a change in the meeting time. President Spensley stated that this would be an iter *or discussion at the committ:de level. msalBeers Report Mr. Panzer distributed the Lake Level, Flow and Precipitation Report, noting that the months of September and October were above the normal precipitation levels. He also noted that the flows during the month of September at the Gray's Bay control structure ranged between 20 and 40 (CFS). The current level of Lake Ifinnetonka was measured on October 21, 1992, and it was determined that the permanent runout elevation for the lake had been reached, therefore, the gates were closed at the control structure. Manager Lindley noted that a news release may be appropriate in order to report that the operating plan for the control structure is feasible. Mr. Panzer also reported that the sedimentation ponds at Painter's Creek were full of sedimentation, and requested that the Managers consider performing maintenance on the ponds before it freezes. President Spensley requested that staff prepare an updated estimation of the volume of sedimentation that would have to be removed. Mr. Panzer stated uhat the District had received copies of the draft EIS for the Highway 101 Causeway. Mr. Panzer, and Managers LaBounty and Maple will submit their review comments at the next Board Meeting. Nr. Panzer reviewed the project located on Halstads Bay which is being proposed by Carison Companies who are currently applying for a DNR permit. Attorney's Report Counsel had nothing to report for this month. HCWD Board MinutM 10/22/92 President Spensley stated that J.M. Montgomery had submitted a consulting and design proposal for the Gleason Creek Improvement Project. It was moved by Manager Erickson, seconded by Manager Thomas, to accept the Engineer's proposal and refer it to staff and the Executive Committee for consideration and recommendation. Upon vote, the motion carried unanimously. There being no further business before the Board of Managers, the meeting was adjourned at 10:45 p.m. Respectfully submitted. John E. Thomas - Secretary EBK *100 toard Minutes 8 10/22/92 Date: To: From: S’lbject: November 18/ 1992 Orono City Council Chief Sullivan Undercover Operation In response to a mother who complained how easy it was for her juvenile son to buy cigarettes at the store, we decided to do an undercover operation to assess the scope of the problem. On November 11, 1992, we sent a 17 year old high school student into nine stores to attempt to buy cigarettes. I am appalled to report that he was able to buy cigarettes in all nine stores. They were: Koehnen's Amoco Kenny's Market Hettinger's Market Snyder Drug Store Orono Self Serve Liquor Bam O'Sullivan's Texaco Rick's Super Value Brook's Food/Spur Long Lake Long Lake Long Lake Long Lake Orono Long LeUce Navarre Navarre spring Par With the exception of Kenny's Market, v?here 3.2 beer was also purchased, all employees received a warning, all owners/managers were notified, emd all city councils have been informed through similar memos. At Kenny's, the employee will be prosecuted and the Long Lake Council advised of the second liquor law violation within this year. Now that we have determined that there is a substmtial problem with store employees selling cigarettes to juveniles, we plan to do a second undercover operation soon and prosecute any employees who do sell cigarettes without checking the age of the customer. This memo is for your information and no action is required by you unless you so desire. PERMITS ISSUED/FEES COLLECTED YEAR-TO-DATEREPORT NBR. BPRHTISS-1 DATE OF RUN 11/03/92PERMIT TYPE QTYBuildlna SQL FAMILY-NEW SF-ADO/R|MpO|L *>F“iSF-ACC STRUCTURE DEMO/PRINCIPAL COMCRCIAL-NEW COM-ADD/REMODEL COM-ACC STRUCTUR INSTITUTION-NEW INST-AOO/REMOOCL INST-ACC STRUCT SF-LANO ALT SF-RENEWAL PERMT PLAN REVIEW ONLY DEMO-ACCESSORY ACC/QARAQES SuP-total 20 177 20 7 1 2 1 2 0 00 0 1s 16252« Mtchanical Mi PERMIT ISSUED REPORT CITY OF ORONO PAQE:REQUESTER: LIN-- CURRENT RANGE - 01/01/92 - 10/31/92 — PREVIOUS RANGE - 01/01/91 - 10/31/91BASE FEE VALUATION PLAN REVIEW OTY BASE FEE VALUATION PLAN REVIEW 29,099 29.9291.676 349 797 1.103 28 4,206 0 00 0 IS ISO 1,75567,109 .00 .00 .00 .50 .00 .00 .00 .00 .00 .00.00 .00.00.00 .50 .00* 6,410 ?.747134 4 145 164 1.175 2 14611,931 ,302 .932,550 .000 .000 ,000 ,200 .531o 00 0 0,000 .350 .225 .00 .00.00 .00 .00 .00.uo .00 .00 .00.00 .00 .00 .00 .00.00* 19,264.41 15.672.56 1,078.35 0.00 518.05 0.00 la.as 2.733.91 u.oo 0.00 0.00 0 00 15.00 0.00 1.121.58 39.422.71* 9 16420 10 0 3 4 0 1 11 10 \3 228- 8,707 23.737 3,646 619 0 2,003 401 0 362 9945 99 0 60 1,149 40,929 .00 .00 .70 .50 .00 .50 .00 .00 .50 .00.00 .00 .00.00 .00 .20- 1,924 2,732 514 2 457 32 41 72 1 1005,715 .900 .357 .540 .000 0 .000 .050 0 .9C4 .200,000 0 0.000 .050.001 .00 .00.00 .00 .00 .00 .00 .00 .00 .00.00 .00 .00 .00 .00.00- 5,659 11,1392,345 0 0 1,237 260 0 O 640 00 0 79721,504 .59 .95 .67 .00 .00 .93 .65 .00 .00 .35.00 .00 .00.00 .55 .69- HEATING SYSTEMS 70 3.645.00 53.00 0.00 63 2.985.00 6.00 282.75AIR CONDITIONING 12 375.00 90.00 5.00 0.00 11 390.00 3.00 0.00WOOD STOVE/FLUE WOOD com/a6o-on 2 1.00 0.00 5 165.00 0.00 0.00130.00 0.00 0.00 1 30.00 0.00 0.00FIREPLACE311,020.00 10.00 0.00 15 525.00 2.00 0.00VENTILATION5150.00 1.00 0.00 2 60.00 1.00 0.00FUEL STORAGE 2 90.00 O.OC 0.00 0 0.00 0.00 0 00GAS LINE INSPECT 8 240.00 3.00 0.00 3 90.00 0.00 0.00DUCT WORK ONLY 5 150.00 0.00 0.00 10 300.00 1.00 0 00REMOVE OIL TANK 13 390.00 4.00 0.00 5 150.00 0.00 0.00Sub-total 149-6,180.00-77.00-0.00-115*4.695.00*13.00*282.75- PluRibinf FIXTURES 96 9,459.00 0.00 0.00 90 3.674.00 0.00 0.00WATER METER 12 2,202.00 0.00 0.00 7 1.145.00 0.00 0.00FIRE CODE PERMIT 0 0.00 0.00 0.00 1 30.00 0.00 0.00REPLACE METER 1 0.00 0.00 0.00 0 0.00 0.00 0.00UNDEFINED260.00 0.00 0.00 0 0.00 0.00 0.00Sub-total 101-10,720.00-0.00-0.00-88-4.849.00*0.00*0.00- Sowar 4 Wator SEWER CONNECTION 7 210.00 0.00 0.00 5 150.00 0.00 0 00WATER CONNECTION 2 60.00 0.00 0.00 4 120.00 0.00 0.00NEW SEPTIC SYSTE 10 1,000.00 0.00 0.00 0 600.00 0.00 0 00ORNFLD 4/OR TANK 32 1,540.00 0.00 0.00 10 385.00 0.00 0.00Dolatad00.00 0.00 0.00 6 300.00 0.00 0.00SAC ONLY 3 0.00 0.00 0.00 1 650.00 0.00 0 00SEWER DISCONNECT 1 30.00 0.00 0.00 0 0.00 0.00 0.00SEWER 4 WATER 6 360.00 0.00 0.00 6 330.00 0.00 0.00UNDEFINED130.00 0.00 0.00 0 0.00 0.00 0.00Sub-total 62-3,230.00-0.00-0.00-41*2.535.00*0.00*0.00- ^eImancnt/posted 7 210.00 3,907.00 0.00 2 69.00 1,780.00 0.00 v: 1. PERMITS ISSUED/PEES COLLECTED YEAR-TO-DATE Page 2REPORT NBR. BPRMTISS-1 DATE OF RUN 11/03/92 PERMIT ISSUED REPORT CITY OF OKONO PAGE:REQUESTER: LIN-• CURRENT RANGE - 01/01/92 - 10/31/92 — PREVIOUS RANGE - 01/01/91 - 10/31/91PERMIT TYPE PER./FREE STANDG TEMPORARY Sttb>toUl OTV1 4 12* BASE FEE 30.00 120.00 360.00* VALUATION1,000.00 2,500.00 7.367.00* PLAN REVIEW0.00 0.00 0.00* OTY2 2 8* BASE FEE 117.00 60.00 246.00* VALUATION2,100.00 O.CO 3,880.00* PLAN RE^'IEWi3.00 0.00 0.00* Fir* LAWN SPRINKLER FIRE SPRINKLER Sttb-toUl 16 2 11" 410.00 1.029.00 1,509.00* 0.00 210.230.00 210,230.00* 0.00 668.85 668.85* 16 3 19* 540.00 259.73 799.75* 0.00 0.00 0.00* 0.00 100.60 100.60* U**r D*fln** LAND ALTERATION TREE REMOVAL 19 1 1,030.00 30.00 203.000.00 o on 0.00 n nn 17 875.50 2,000.00 0.00 RETAINING WALLS DOCKS Sub'tetal 0 0 20* 0.00 0.00 1,060.00* 0.00 0.00 203.000.00* u. uu 0.00 0.00 0.00* 2 1 1 21* 60.00 35.00 30.00 1,000.50* 0.00 1,500.00 750.00 4,250.00* 0.00 0.00 0.00 0.00* QraRd'totRl 614**90,168.00**12.351,899.00**40,,091.56**518**55,054.45**5,723,144.00**21,888.03** .-^4 * i PliKMlTS lySUED/FEES COLLECTED VEAR-Tu-DATEREPORT NBR. BFEERPT2-1 DATE OP RUN 11/03/92 •• PERMIT FEE REPORT •• CITY OF ORONO FROM 01/01/92 TO 10/31/92 •• PERMIT FEE REPORT *• CITY OF ORONO FROM 01/01/92 TO 10/31/92 BASE FEE PLAN REVIEW SURCHARGE Lie. SEARCH FEE SAC INVESTIGATION DEPOSIT REPORT TOTAL 90.19i.0u 40.091.56 6.221.61 0.00 7.700.00 4.021.00 0.00 NAIL IN SEWER CONNECTION PERMIT TOTAL 141.00 910.60 149.253.64 Ruye 3 PAGE:REQUESTER: LXNBUILDINGMECHANICALPLUMBINGSEWER A WATER USER SIGN FIREBASE FEE 67.109.00 6.180.00 10.720.00 3.230.00 1.060.00 360.00 1.509.00PLAN REVIEW 39.422.71 0.00 0.00 0.00 0.00 0.00 668.85 SURCHARGE 5.958.56 74.50 44.00 30.50 0.00 1.50 112.62 Lie. SEARCH FEE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SAC 3.500.00 0.00 0.00 4.200.00 0.00 0.00 0.00 INVESTIGATION 3.211.00 30.00 0.00 0.00 75.00 30.00 675.00 DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MAIL IN SEWER CONNECTION 910.60 103.50 34.50 3.00 PERMIT TOTAL 120.111.87 6.388.00 10.798.50 7.460.50 1.135.00 391.50 2.968.47 PAGE:REQUESTER: LIN i J 4 . 1^ iWtltflTfr ZONING PERMITS ISSUED/FEES COLLECTEDREPORT NBR. BPRMTISS-1 DATE OF RUN 11/03/92 '• PERMIT ISSUED REPORT CITY OF ORONO-- CURRENT RANGE - 01/01/92 - 10/31/92PERMIT TYPE OTV BASE FEE VALUATION PLAN REVIEW OTY Ultr Otfintd SUBDIVISION VARIANCE CUP SKETCH PLAN VARIANCE/CUP VACATION REZONINQ APPEALSub-total 14 39 19 21 0 0 075* 5.560.00 7.125.00 2.700.00 200.00 175.00 0.000.00 0.0015,760.00* 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00* 0.00 0.00 0.000.00 0.00 0.000.00 0.000.00* 11 51 104 2 2 1566* Grand-total 75**15,760.00**0.00**0.00**56** TO-DATE Page 4REQUESTER:___________________PAGE: . 1 LIN ‘r n K. V A01/01/91 -10/31/91BASE FEE valuation plan REVIEW 3,430.00 0.00 0.008,550.00 0.00 0.001,700.00 0.00 0.00750.00 0.00 0.00175.00 0.00 0.00425.00 0.00 0.00175.00 0.00 0.00150.00 0.00 0.0015,355.00*0.00*0.00* 15,355.00**0.00**0.00** REPORT NBR. BFEERPT2-1 DATE OF RUN 11/03/92 ***** PERMIT FEE REPORT ***** CITY OF ORONO FROM 01/01/92 TO 10/31/92 base fee USER 15,760.00 REPORT TOTAL 15,760.00 PLAN REVIEW 0.00 0.00 SURCHARGE 0.00 0.00 Lie. SEARCH FEE 0.00 0.00 SAC 0.00 0.00 INVESTIGATION 200.00 200.00 DEPOSIT 0.00 0.00 PERMIT TOTAL 15,660.00 15,960.00 PAGE:REQUESTER: LIN r 1992 HBCAP OF COHTRACT CITIESJanuAry Fabraary lurch April luy June July Aufuat Saptaabar October Novaabar Dacaabar TTO Totala8priii9 Park Flaa ftariav Xnapactioiia Mtainar fOTJO.no of Fla aov Voa of Xatpoc 163a80120.0025.00308*8028 415.68 30.00 25.00470.68 1 2 0.00180.0025.00205.00012 53.95120.0025.00198.9508 825.18 60.00 25.00910.18 0 4 89.00105.0025.00219.00 0 7 140.45 120.0025.00285.45 0 8 119.15 lp360.2575.00 120.0025.00 25.00219.15 lp505.250 0 5 8 83.50180.0025.00288.50012 3p250.96IpllOaOO250.004p610.96374Ninaatonka 8aach Flaa 8aTia« Xaapactioaa Kataiaar TOTAL ap. of Fla 8a la. of Xaapao 0.00 30.00 25.00 55.00 0 2 0.00 75.00 25.00 100.00 0 5 0.00 0.00 25.00 25.00 0 0 650.93 30.00 25.00 705.93 0 2 0.00 60.00 25.00 85.00 0 4 444.90 60.00 25.00 529.90 0 4 1,497.28120.00 25.00 .,642.28 0 8 0.00 1,370.75 60.00 120.00 25.00 25.00 85.00 1,515.75 0 0 4 8 665.93 165.00 25.00 855.93 0 11 4.628.79720.00 250.00 5.599.79 0 48 OVBBALL TOTAL 363.80 S70.68 230.00 904.88 995.18 748.90 1927.73 304.15 3021.00 1144.4*0.00 0.00 10210.75 I5i i A '4