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HomeMy WebLinkAbout07-13-1998 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 13,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) Asterisk items are considered to be routine items to be enacted upon by one motion.by the City Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items ^e ay^able in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1 .Approve/Amend qqumcilmeebnq APPROVAL OF MINUTES *2. Regular Meeting of June 22,1998 *3. SpecialMeetingof June 29,1998 JUL 13 CITY OF ORONO PARK COMMISSION COMMENTS PLANNING COMMISSION COMMENTS - William Stoddard, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person). ZONING ADMINISTRATOR’S REPORT V 4.#23'v 6 Brook Park Realty, 3760 Shoreline Drive - PRD & Class m Preliminary Subdivision 5.#2358 Randy & Marie Staffanson, 1422 Park Drive - Variance - Resolution 6.< #2361 William and LaWayne Yaeger, 310 Big Island - Variances - Resolution 7.#2380 Bruce Schmidt on behalf of Richard and Kathy Kyle, 1140 Tonkawa Road - Variance Resolution 8. ' Joint Use Dock Licenses (No Revisions) 9.Kelly Cove Homeowners Association - Joint Use Dock License (Revision) MAYOR/COUNCIL REPORT • • ENGINEER REPORT 10.Navarre Water Treatment Plant Upgrade A.Declare Cost to be Assessed and Order Preparation of Proposed Assessment - Resolution B.Schedule Assessment Hearing - Resolution 11.Request for Payment #7 - Bracketts Point/Bay Ridge Sanitary Sewer Project )^12.Request for Payment #9 - North Long Lake Sanitary Sewer Project V I 5 t CITY ADMINISTRATOR’S REPORT 13.Purchase of Civil Defense Sirens -\~i 4.' Fedeial Disaster Assistance - Resolution 15.Saga Hill Park Access - Resolution i ( AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JULY 13,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA ' CITY ATTORNEY'S REPORT ♦ 16. LICENSES ^ 17. BILLS UPCOMING ISs6e '^ Ako EWM nTS im 07/08 - Highway 12 Design Review Committee, 5:30 p.m. 07/13 - Council Meeting, 7:00 p.m. 07/20 - Planning Commission Meeting, 6:30 p.m. 07/27 - Council Meeting, 7:00 p.m. 08/05 - Park Commission Meeting, 7:15 p.m. 08/05 - Highway 12 Design Review Committee, 5:30 p.m. 08/10 - Council Meeting, 7:00 p.m. 08/17 - Planning Commission Meeting, 6:30 p.m. 08/24 - Coimcil Meeting, 7:00 p.m. 08/25 - Filing Opens for Candidates for City Offices 09/02 - Highway 12 Design Review Committee, 5:30 p.m. 09/07 - LABOR DAY HOLIDAY 09/08 - Park Commission Meeting, 6:30 p.m. 09/08 - Filing Closes for Candidates for City Offices 09/14 - Council Meeting, 7:00 p.m. 09/15 - PRIMARY ELECTION, 7:00 a.m. - 8:00 p.m. 09/21 - Planning Commission Meeting, 6:30 p.m. 09/28 - Council Meeting, 7:00 p.m. I ) 5 i I II .. .. .... •• ---rttnim* .,n in irirri fTTl in' nil MTII ■ in ■ I t I 1 Public A ttendance Meeting D ate 9^ C ouncil Planning C ommission Park C ommission Other NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER L,12 P/UE Uiv^73^ '^Cife.ar______3/0 3. 4. 5.. 6. 7.. 8.. 9. 10.. 11. 12. 13. 14. 15.. OfUfM A-«fcv.B-L r ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 CCXJNCIL MEETING —--------------------------------------------------------------------JUL 13 1998----- ROLL CTTY OF ORONO The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, and Richard Flint; Barbara Peterson was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Radio, Senior Planning Coordinator Michael Gaffron, Planner/Zoning Administrator Elizabeth Van Zomeren, Director of Public Services Greg Gappa, City Engineer Tom Kellogg, and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:02 p.m. PRESENTATION REGARDING THE WESTONKA COMMUNITY CENTER FACILITY Bill Pinegar, Representative of the Westonka Community Center, 1347 Rest Point Circle, Orono, along with Bruce Sharon, addressed the City Council regarding the formation of the Joint Powers Board and the progress on the Westonka Community Center Facility. Pinegar stated they have recently formed the Joint Powers Board, which is a four member board comprised of two Westonka School Board members and two Mound City Council members, to help facilitate the development of the Westonka Community Center Facility. The Westonka School District has successfully passed a $7.5 million referendum to help finance the facility, and is currently working towards development of plans and specifications with an anticipated completion date of the year 2000. Pinegar requested the City of Orono consider becoming either a voting member on the Joint Powers Board or sending a representative from the City to participate in the facility planning process. Mayor Jabbour remarked the City of Orono has been keeping apprised of the project, and recommended the Joint Powers Board ensure that the plans and specifications are as detailed as possible before construction is started. Mayor Jabbour inquired about certain monies that had been earmarked for this project from a previous referendum and whether that money was still available for tlie Westonka Community Center. Pinegar noted that the previous referendum was $1.9 million, with the total cost of the project being over $9 million. Mayor Jabbour stated it has been the philosophy of the City of Orono to not get too actively involved in community services. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 Presentation Regarding the Westonka Community Center Facility - continued Flint inquired how the continuing expenses of the Westonka Community Center Facility will be funded once the building is renovated. Pinegar stated that is a major point of concern for the Board, with the expenses being shared 50% by the Mound School District and 50% by the City of Mound. The facility will consist of the Senior Citizen Center, a 600 seat auditorium, and space for Head Start and We Can, in addition to recreational facilities. Pinegar stated the goal of the Joint Powers Board was to inquire of the surrounding communities to see if they would be interested in becoming a partner, with the expenses being calculated based upon the population in the school district of each community. Mayor Jabbour questioned the City Council whether they would be interested in participating in the Joint Powers Board either as a voting member, which would involve a financial commitment, or in an advisory capacity without a vote. Goetten commented she would like more information regarding the project before a decision is reached. Pinegar remarked he could arrange a special presentation if so desired. Mayor Jabbour suggested a packet be prepared and submitted to the City Administrator for review by the City Council. Pinegar agreed to submit the requested information. CONSENT AGENDA (#1) APPROVE/AMEND Items 4,5,8,11, and 17 were added to the Consent Agenda. Goetten moved, Kelley seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. APPROVAL OF MINUTES (#2) Regular Meeting of June 8,1998 Goetten moved, Kelley seconded, to approve the Minutes of the Regular City Council Meeting of June 8, 1998. VOTE: Ayes 4, Nays 0. J ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 CITY ASSESSOR SERVICES - ROLF ERICKSON Mayor Jabbour extended his gratitude on behalf of the City Council to Rolf Erickson, City Assessor, on the wonderful job he has performed for the City in the past, and inquired whether he would be willing to reconsider his decision to not renew his contract for assessing services for the coming year. Erickson cited two main reasons for not renewing his contract; 1) the amount of time needed to complete the necessary paperwork, and 2) the inability to find quality help. Erickson commented Orono was a difficult city to assess, noting that Hennepin County prefers that Orono employ its own assessor. Mayor Jabbour suggested delaying action on this matter to allow City Staff time to negotiate with Erickson on possible options. City Administrator Moorse stated tiiat perhaps support staff could assist Erickson with the paperwork as one possible solution. Erickson agreed to meet with Staff in an effort to work something out that would be agreeable to both parties. REPORT BY POLICE CHIEF GARY CUES WICK - MAY 15 STORM Cheswick stated he ha'? submitted a written report regarding the May 15 storm to the City Council. A point of con': em raised by Cheswick was the lack of emergency sirens in the City, noting that 3/4 of Orono is not covered by the emergency w arning system. Cheswick suggested the City acquire iwo new sirens at a cost of $36,600 to be located near County Roao 6 and Watertown Road and the Saga Hill area. Cheswick commenf‘'d during tlie May 15 storm the Police Department was unable to use the cellular phones because all lines were tied up which necessitated them to rely upon the City channel to communicate with the otlier departments in the City. Cheswick stated this method of commimication worked very well. Cheswick reported the Police Department is unable to deal with downed trees blocking roadways due to the possibility that live electric wires may be tangled up in the trees until contact is made with NSP. Kelley stated he had some questions regarding the emergency siren system, such as the radius of sound and procedure for activation. L ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 Report by Police Chief Gary Cheswick - May 15 Storm - continued Cheswick also noted that the Crystal Bay area is not covered by the siren warning system. Hennepin County activates all the sirens in the area as soon as a tornado formation is spotted, Kelley recommended the City install the sirens immediately. Goetten commented the City needs to educate the public through the City newsletter or newspaper on issues dealing with public safety and why the police are not always able to respond immediately to an emergency call. Mayor Jabbour recommended the City proceed with the purchase of three sirens in the interests of public safety. Cheswick remarked a lot of the radio transmitters are also becoming inadequate, noting that in his opinion the 800 megahertz system will probably not be up and running until the year 2005 Moorse stated the cost of the current Public Works radios is approximately $500 compared to the $3,000 cost of an 800 megahertz radio. Ches'Mck stated he is currently looking at a lease system for the radios. Flint inquired why Long Lake's siren is being activated so frequently. Cheswick commented that to his understanding Long Lake's siren is hooked up to the fire department and is activated every time there is a fire, but will investigate that further. Cheswick stated the overall communication with the public works department, fire department and police station during the May 15 stonn was excellent. PUBLIC COMMENTS Bob Searles addressed the City Council regarding the concerns he has with closing Woodhill Avenue which could result in the loss of emergency vehicle access. Searles stated the City could be subject to a lawsuit in the event a death or injury occurred and emergency vehicles cannot proceed through if access is blocked off. Searles commented this dangerous situation is compounded by the fact that there is heavy traffic on Highway 15, noting that the City Council should be aware of this scenario and take appropriate steps to handle an emergency if one should arise in the area. Mavor Jabbour commented the City is attempting to have the dirt pile removed from Woodhill Avenue, noting that a possible agreement has been reached with Woodhill whereby road access would not be blocked off. p ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 Public Comments - continued Shelly Storch, 1245 Woodhill Avenue, commented Woodhill Avenue was never open to the public. Mayor Jabbour reported the City has agreed to remove the dirt, noting this item is not currently on the agenda. Mayor Jabbour stated the affected property owners will be notified of any action taken concerning this road. PARK COMMISSION COMMENTS None L4KE MINNETONKA CONSERVATION DISTRICT REPRESENTATIVE LILI MCMILLAN, McMillan reported the Lake Minnetonka Conservation District has sent her a copy of the budget for 1998. Mayor Jabbour commented he had a discussion with the Chairman of the Lake Minnetonka Conservation District in which he suggested there be a zero levy to the City this year due to the large amount of money held in reserve. McMillan stated there will be an allocation of $20,000 for milfoil eradication, with an increase of $20,000 for new signage. McMillan remarked no information has been supplied regarding the new signage. Kelley questioned why the Lake Minnetonka Conservation District needs a million dollar reserve. Mayor Jabbour commented the City of Orono has requested a public hearing for the past five years to discuss this issue, but the statute does not mandate that the Lake Minnetonka Conservation District hold public hearings. Mayor Jabbour remarked that in his opinion the monies held in reserve should be utilized with zero levy to the City. It was noted that the City of Orono comprises 40% of the lakeshore but has a minor say in how the money should be allocated. McMillan stated she will recommend to the District that the $20,000 for new signage come out of the reserves. 1 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 Lake Minnetonka Conservation District - Lili McMillan, Representative - continued McMillan gave an update on the status of the LMCD grant for development of a new public access on the lake. TTie LCMR will be making a determination on the grant monies in August. McMillan stated milfoil harvesting will commence June 15. It was noted that the Bill Hawks lawsuit has been dismissed on the condition that he remove the boathouse or convert it to a houseboat. McMillan reported she has been asked to chair the Save the Lake Committee which solicits private funds in the range of $20,000 - $30,000 per year for special designated projects. Mayor Jabbour remarked that the Save the Lake Committee invests in education and safety projects which is a very positive aspect. McMillan stated she will recommend to the Lake Minnetonka Conservation District that they reduce the assessment and utilize the monies in reserve for the various projects. Mayor Jabbour commented that he would like the situation with the zebra mussels closely monitored. McMillan remarked she will bring that matter up for discussion. PLANNING COMMISSION COMMENTS - LILI MCMILLAN, REPRESENTATIVE None ZONING ADMINISTRATOR’S REPORT (#3) 2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - PRD & CLASS III PRELIMINARY SUBDIVISION Moorse stated Brook Park Realty has served the City with a summons and complaint regarding what they consider to be the City's violation of the 60 day rule concerning their application. Tom Radio, City Attorney, recommended making a motion to table the matter to executive session. Goetten moved, Flint seconded, to table Application 2308 to executive session based on City Attorney's advice. VOTE: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (*#4) WILLIAM BOCKMANN, 1130 LOMA LINDA AVENUE - VARIANCES - RESOLUTION NO. 4098. Goetten moved, Kelley seconded, to approve Resolution No. 4098 granting variances to pcn.iit construction of a new residence on the property located at 1130 Loma Linda Avenue. VOTE; Ayes 4, Nays 0. (*§5) STEVE BECK, 2795 SHADYWOOD ROAD - VARIANCE - RESOLUTION NO. 4099 Goetten moved, Kelley seconded, to approve Resolution No. 4099 granting a variance to permit construction of a lakeside deck on the property located at 2795 Shadj^ood Road. VOTE; Ayes 4, Nays 0. (#6) 2364 JOHN SERENA, 4607 WATERTOWN ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4100 John Serena was present. Van Zomeren stated the Applicant has purchased the adjoining lot and is in the process of making modifications to the existing residence which lies in the RR-1A zoning district. The Applicant is requesting a conditional use permit for a guest house that will be used as a pool house with the condition that the pool house not be used as a rental or dwelling unit. The Applicant is in the process of c ombining the two lots. The Planning Commission recommended approval of the application subject to the pool house not being used as a rental or dwelling unit, plumbing and heating be installed, and that the two lots be combined. Serena had no comme.nt. Goetten commented she had no problem with the application but questioned whether the two lots could be subdivided in the future. Van Zomeren stated the zoning code prohibits subdividing the two lots once combined because the lots would not meet the 5 acre zoning requirement. Kelley questioned how many acres are necessary in order to have a guest house. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (U6) 2364 John Serena, 4607 Watertown Road - continued Van Zomeren reported ten acres are necessary, with an addition to the findings that the zoning codes allow accessory structures where there isn't a density requirement. This structure is classified as a pool house, but is listed on the conditional use permit application form as a guest house. Mayor Jabbour suggested the term guest house be deleted to avoid confusion and classify it as an accessory structure. Goetten noted she did not have a problem with deletion of the term guest house. Van Zomeren stated she will amend the resolution to reflect that change. Goetten moved, Flint seconded, to adopt Resolution No. 4100, A Resolution Granting a Conditional Use Permit for John and Joan Serena, 4607 Watertown Road, with the resolution being amended to reflect pool house instead of guest house. VOTE: Ayes 4, Nays 0. (#7) 2383 CHRISTINE AND GARY VALERIUS, 3750 BAYSIDE ROAD - PRELIMINARY CLASS II SUBDIVISION - RESOLUTION NO. 4101 Christine and Gary Valerius were present. Van Zomeren stated this application is proposing a two lot division that includes creating one new lot, with a wetland credit and lot w'idth variance being required for Lot 1. City Council reviewed the sketch plan previously. The property is zoned LR-1A in the front portion of the property with the remainder being located in the RR-1A zoning district, but for purposes of this subdivision, only the LR-1 A requirements apply. The property consists of 4.51 total acres, with 3.31 acres dry buildable and 1.2 acres in wetland. The Applicants are proposing to create a new building site on Lot 1, which meets all of the LR-1 A zoning requirements with the exception of the lot width requirement. The surveyor calculated the lot width at the 50' setback without the easement to be 151' and with the driveway easement to be 181'. A variance is needed because 200' is not available at the front property line nor the 50' front setback line. The Planning Commission did recommend that the lot widtli variance be granted as well as a w'etland credit. 8 -m-m i ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (U7) 2383 Chrbtine and Gary Valerius, 3750 Bayside Road - continued The Resolution grants the subdivision with the lot width variance conditioned upon certain items being submitted before final plat approval as well as a wetland credit. Goetten indicated st-v was in favor of this application. Kelley stated he is against this subdivision because he thinks this application is being approved based upon a technicality in the ordinance and not on a proven hardship. Flint expressed concern over the possibility of two driveways contained within the subdivision and the dual entryways on County Road 84. Christine Valerius stated she has spoken with Dave Zetterstrom from Hennepin County who informed her that Lot 1 may be served by a new driveway from Bayside Road or to keep the private dri \ eway going to Lot 2, which would be their choice. Mayor Jabbour recommended keeping the existing curb cut and not adding to it. Flint suggested adding the condition that driveway access would be the existing common driveway serving the other two houses to the west with the newly created lot sharing the same driveway access to avoid additional hardcover. Kelley questioned why the City Council should pass this application. Flint noted that the Applicant was requesting this subdivision before the City Council passed the new wetland credit ordinance. Goetten commented the City Council has passed applications similar to this one in the past. Goetten moved, Flint seconded to approve Application 2368 and adopt Resolution #4101, a Resolution Granting Preliminary Approval of a Class III Subdivision and Wetland Credit and Lot Width Variance for Property Located at 3750 Bayside Road, with the inclusion of language in the Resolution restricting driveway access to the present driveway. VOTE: Ayes 3, Nays 1, Kelley opposed. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (*#8) RICHARD AND MARIE BROWN, 2685 SHADYWOOD ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4102 Goetten moved, Kelley seconded, to approve Resolution No. 4102 granting a conditional use permit to allow repair work to level an existing boathouse by replacing structural support posts on the property located at 2685 Shadywood Road. VOTE: Ayes 4, Nays 0. (#9) 2377 JOHN CHENOWETH, 3850 SHORELINE DRIVE - FINDING OF SUBSTANTIALLY SIMILAR USE/COMMERCIAL SITE PLAN REVIEW John Chenoweth was present. Van Zomeren stated the Applicant intends to pm chase the property at 3850 Shoreline Drive which is presently being operated as Bay Furniture. The Applicant wishes to continue to operate a furniture and accessory store but has raised concerns about the restrictive nature of the B-5 zoning district which he would like addressed in the future. The Applicant is required to submit a landscaping plan, restripe the parking lot, and comply with the signage ordinance. Van Zomeren noted she did not find any previously prepared resolutions for a commercial site plan and finding of substantially similar use, so a resolution has not been prepared at this time. Kelley inquired why the Applicant needed to submit an application when the conditional use permit continues with the property. Van Zomeren stated the code presently reads gallery and has not been amended to read furniture store. The Applicant wanted to ensure that the City Council would not be opposed to the continued operation of a furniture store with the addition of home accessories at that location. Chenoweth stated the zoning district should be updated to accommodate other businesses that are compatible with the neighborhood. He expressed concern about future uses if the current business doesn't succeed. Mayor Jabbour commented the Applicant needs to realize the restrictive nature of the B-5 zoning district before he purchases the property, noting that the City Council is not prepared to make major changes to that zoning district. Ik t%rrB-i A' atk V I ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (m 2377 John Chenon>elh, 3850 Shoreline Drive - conlinued but Staff will work with the Applicant on his concerns regaro g av not denym^ Wt" roprS [har^fnrdism&t^ll^^^^^^ pSlon at this time to address other possible uses for that property. Flint moved, Goetten seconded, to "PP”” plan for property VOTE; Ayes 4, Nays 0. («0) WILLIAM MERMK, 1840 LAKEVIEW TERRACE - VARIANCE - RESOLUTION NO. 4103 William Memik was present. "i"rr.erLfs*Ir;e7eS^ Flint moved certain materi no requirements for fence materials. Subd. 15 (C) and (D). No vote taken. K.ll„ IwW "W «» O'l ‘ .h. i. .a-- ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (U9) 2377 John Chenowethf 3850 Shoreline Drive - continued Chenoweth inquired when the Council could address the possible modification of the zoning district, and suggested the City Council put the matter on their October agenda. Van Zomeren stated the City is not in a position at this time to consider this matter in the near future, but Staff will work with the Applicant on his concerns regarding the zoning. Tom Radio, City Attorney, stated the Applicant is paying for the zoning that is currently on that property, and presumably he is paying an appropriate price for the restricted zoning with the City not denying him any reasonable value for that property. Mayor Jabbour remarked the City Council is ready to state that the furniture store is appropriate for that zoning district and will allow it to continue in the future, but is not in a position at this time to address other possible uses for that property. Flint moved, Goetten seconded, to approve Application 2377, Finding of Substantially Similar Use and approval of the commercial site plan for property located at 3850 Shoreline Drive subject to the recommendations of City Staff. VOTE; Ayes 4, Nays 0. (#10) WILLIAM MERNIK, 1840 LAKE VIEW TERRACE - VARIANCE - RESOLUTION NO. 4103 William Memik was present. Flint stated he is in favor of the application, but inquired whether the ordinance specifies any certain materials that the fence should be constructed of. Gaffron responded that there were no requirements for fence materials.• • , Flint moved, Goetten seconded, to approve Application 2378 and adopt Resolution #4103, a Resolution Granting a Variance to Municipal Zoning Code Section 10.03, Subd. 15 (C) and (D). No vote taken. Kelley inquired why the City was allowing the variance to the 3 1/2 foot fence. 0 Goetten noted the property is situated on a county road and should get special consideration. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (#10) William Mernik, 1840 Lakeview Terrace - continued Kelley remarked the fence will be constructed around the entire property and expressed concerns that his neighbors might decide to erect a fence also, and the neighborhood would get boxed in. Kelley stated the City may be setting a dangerous precedent. William Memik, Applicant, stated the fence will be hidden by landscaping on two sides with Sixth Avenue North on another. Memik stated he was erecting the fence to prevent his children from wandering away from his yard, and felt that a 3 1/2 foot fence was too low and could be climbed over easily. Mayor Jabbour inquired what the fence ordinance permits. Van Zomeren stated that properties are allowed fences to be six feet high in rear and side yards. In front yards the height restriction is 3 1/2 feet. The yard along Sixth Avenue North is considered a front yard because it is a through lot. Therefore, to construct a fence higher than 3 1/2 feet, a variance is needed. Gaffron stated a six foot fence is also allowed on a lakeshore lot with a six foot fence being permitted if it is outside the 50 foot setback from the road. Mayor Jabbour noted a variance is only needed to construct the 4 foot fence on Sixth Avenue North, with the other portion of the fence being permitted as long as it is 50 feet from the road. If the fence is constmcted within the setbacks, only 3 1/2 feet is allowed. Gaffron stated a six foot fence is allowed as long as it is 50 feet back from the street. Kelley inquired what the hardship would be if the fence was constmcted 50 feet back from the road. Goetten stated if the fence was constmcted 50 feet back from the road on all sides, the Applicant would not be left with much property located inside the fence which would constitute a hardship. Radio stated the City Council needs to determine if reasonable use of the property can be mr.de without a variance. The Applicant would lose one-half of the property in the back if the fence was constmcted outside the 50 foot setback. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (UlO) William Mernik, 1840 Lakeview Terrace - continued Kelley remarked that perhaps the ordinance needs to be reviewed and revised. Jabbour moved, Goetten seconded, to approve Application 2378 and adopt Resolution #4103, a Resolution Granting a Variance to Municipal Zoning Code Section 10.03, Subd. 15 (C) and (D) to allow construction of a 4 foot high fence along County Road 6 for the property located at 1840 Lakeview Terrace. VOTE: Ayes 4, Nays 0. (*#11) DEBORAH M. SHOLL, 4100 WATERTOWN ROAD - VARIANCE - RESOLUTION NO. 4104 Goetten moved, Kelley seconded, to approve Resolution No. 4104 granting a variance to permit an amendment to a variance for front yard setback to allow construction of a three season porch on the property located at 4100 Watertown Road. VOTE: Ayes 4, Nays 0. (#12) 2361 WILLIAM AND LAWAYNE YAEGER, 310 BIG ISLAND - VARIANCES Mr. and Mrs. Yaeger were present. GafTron stated the Applicants are requesting a lot area variance and City designation of Lot 64 as an independent record lot in the RS District. Gaffron noted Record Lot 1 5 was originally made up of six separate tax parcels owned by Roy Ahem with no requirement by tlie City to legally combine the lots. Ahem subsequently sold five lots to Fames and one lot to Yaegers. The Applicants are proposing to acquire Lot 65 for legal combination with Lot 64, which the Yaegers currently own, to be henceforth designated as Record Lot 15. No new record lots would be created. The Planning Commission and City Staff agree with this proposal. Mayor Jabbour excused himself from the matter due to a potential conflict of interest. Gaffron stated the second part of this application deals with a request for after-the-fact variances to lakeshorc setback, side setback and hardcover for construction of a new seasonal cabin to replace a pre-existing seasonal cabin on the property and a side setback variance for a gazebo. As an alternative, the Applicants have indicated they will move the cabin to meet the 75 foot setback and ten foot side setbacks once Lot 65 is acquired. r ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (#12) 2361 William andLaWayne Yaeger, 310 Big Island - continued William Yaeger, Applicant, stated Lot 65 has not been acquired as of yet, but will be purchased upon approval of application. Gaffron noted no resolution has been prepared for this application, citing a desire to get City Council approval on this concept before proceeding further. Kelley noted he is in favor of this proposal. Flint stated he also is in agreement with the proposal and suggested conceptual approval be given. Flint moved, Kelley seconded to conceptually approve Application 2361 as recommended by the Planning Commission, with the redesignation of Lots 64 and 65 to Record Lot 15, and directed City Staff to prepare a resolution for review at the next City Council meeting. VOTE: Ayes 3, Nays 0. Gaffron stated the other issues could be dealt with in the future. Tom Radio, City Attorney, noted the conceptual motion is non-binding on the Council and the City Council is permitted to make changes in the future. Yaeger stated he understands the motion. (#13) KELLY COVE JOINT USE DOCK LICENSE - REVISION The Applicant was not present. Kelley moved, Goetten seconded to table the matter. VOTE: Ayes 4, Nays 0. (#14) SCHEDULE WORK SESSION - HOME OCCUPATION ZONING ORDINANCE Van Zomeren inquired whether the City Council wished to discuss this matter now or wait until the work session. It was the consensus of the City Council to discuss this matter at the work session. Moorse stated a workshop has been scheduled for June 29th at 5:30 p.m. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 MAYOR/COUNCIL REPORT Mayor Jabbour stated it was suggested that the Minnehaha Creek Watershed District be divided into an upper/lower district. Mayor Jabbour noted that a meeting has been scheduled for this Wednesday to discuss this matter with 21 cities invited to participate. Mayor Jabbour stated the City will remove the dirt pile on Woodhill Avenue and will install a rope instead to permit emergency vehicle access. Flint commented that he feels there is a misconception that the City Council is not doing anything, noting that the Woodhill Country Club needs to apply for a change in their conditional use permit if they wish the City Council to take action. Moorse stated the speed limit on Country Road 15 will not be lowered back down to 35 mph in the area of Woodhill Road. There has been good cooperation with the County with large signs and barricades moved to provide better sight lines. Goetten expressed concern that MnDot was not taking appropriate steps to protect the workers on the highway. Moorse stated off-duty police officers are being hired by the Woodhill Country Club to direct traffic for major events but it is difficult for officers to do speed enforcement in that area due to a lack of sites for police to park. Orono is currently working with Wayzata to help enforce the speed limit in that area. Goetten commented Woodhill is not the only road with access problems, noting that the County is not willing to install a traffic control signal in the area. Goetten recommended future consideration be given to that issue. Flint suggested a signal light also be installed at County Road 51 and County Road 15. ♦ • * Mayor Jabbour stated the County should be asked to review that situation. Kelley commented as far as the Westonka Community Center Facility is concerned, the City of Orono should delay contributing financially to the facility, but feels there should be someone on the board to represent Orono. Goetten stated she would like more information regarding the facility before a determination is made. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 Mayor/Council Report - continued Kelley remarked that increases for the Long Lake Fire Department pension plan were approved without City Council approval, noting that 80% of the budget is derived from Orono, and suggested that the Fire Department notify the City Council before future financial decisions are f.nalized. Mayor Jabbour suggested that perhaps the City Council should meet with the Long Lake City Council to discuss financial issues related to both the Police and Fire Departments. Kelley suggested that a prioritized list be comprised by the City Administrator every two weeks with the current projects being listed along with a time schedule to help the City Council keep current on the projects eind to ensure that future needs are being addressed adequately. Goetten indicated she would like to be updated at least once a month on the various street improvement projects that are currently underway. Gappa indicated he could have the Public Works Department review traffic counts on County Road 15 to determine if traffic lights are warranted. Kellogg noted that County Road 15 should remain at the same elevation as previously, with the County Road 6 project on schedule. Concerning Femdale, Plymouth has drafted an agreement which will be discussed at the meeting on June 29th. ENGINEER REPORT Mayor Jabbour inquired about the status of the Edgewood Hills sewer project. Kellogg stated the project, particularly the directional borings, is being rebid. CITY ADMINISTRATOR’S REPORT (#15) ROBERT AND JULIE HANNING - REQUEST FOR AN AGREEMENT RELATED TO A FUTURE SUBDIVISION AT 4220 SIXTH AVENUE NORTH Moorse stated the Hannings had expressed concern that the County Road 6 project would reduce the area of their property below the amount needed to be able to create a second lot in the future because of the right-of-way acquisition. The Council had previously indicated that it would consider entering into an agreement with the Hannings to maintain the ability to create a second lot if the lot area was reduced below the required amount. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (# 1 5) Robert and Julie Hanning - Request for an Agreement Related to a Future Subdivision at 4220 Sixth Avenue North - continued City Staff has reviewed the property both before and after the acquisition of the bounty Road 6 right-of-way, and has determined that the property includes ten plus acres of Lillble land. The Hannings have indicated a concern reprding the configuration of the possible new lot because of the location of the existing residence. Moorse exoressed concern that if a lot area variance by agreement is granted, no public input will be allied, and since the City is not a direct party to this condemnation procedure, Moorse questioned whether the City is legally able to enter into such an agreement. Tom Radio stated the agreement would attempt to bind futme prohibits that because it does not allow for due procep. Radio commented the City Council is limited in its ability to give the Hannings much relief. Mrs. Hanning stated no variance is being requested at this time. Mayor Jabbour noted the Hannings were offered $12,000 for the of land remaining after the right-of-way acquisition, which does allow for two lots but with undesirable configuration, it was the feeling of Mayor Jabbour that the Hannings have lost more than just the land in the right-of-way. Radio commented the Hannings should take the worst case scenario and present it to the County, which would be that the City Council would not grant a variance. Mrs. Hanning stated she would like the City to grant a contractual variance to them or go on record saying that a variance will be denied. Mayor Jabbour commented the City Council was under the impression the dLcusscd that one lot would become unbuildable after the right-of-way acquisition, which is not the case now. Flint suggested the City Council could grant conceptual approval which would not be binding on future action by the City Council. Radio cautioned against such action. Kelley suggested the City take no action. ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22, 1998 (UI5) Robert and Julie Hanning - Request for an Agreement Related to a Future Subdivision at 4220 Sixth Avenue North - continued Gaffron suggested the Hannings file an application and get an answer before the hearing on September 23 rd. Mrs. Hanning stated she would like some action by the City Council on this matter. Radio noted a motion was not necessary or appropriate at this time. Mayor Jabbour directed City Staff to draft a letter to the Hannings stating the facts, noting that the property line for the second lot is undesirable according to Orono ordinances and causes other concerns for the first lot. (#16) REVISED RESOLUTION REGARDING THE RELEASE OF THE TAX FORFEITED PARCEL AT 1960 SHORELINE DRIVE - RESOLUTION NO. 4105 Moorse stated the resolution has been amended regarding the release of the tax forfeited parcel at 1960 Shoreline Drive to reflect the City Council's wishes that the outstanding special assessments on the property be waived and that the tax forfeited parcel be allowed to remain a separate parcel, subject to a covenant being placed on the parcel prohibiting the parcel from being a buildable lot. Mayor Jabbour expressed concern that the building should be condemned and tom down due to public safety issues. Kelley indicated he also was in favor of that. Gaffron noted the petroleum tanks were removed 10 or 15 years ago. Kelley inquired what impact this has had on the sewer in the area. Mayor Jabbour stated the sewer was disconnected and capped on behalf of the owner. Tom Radio recommended the City Council add the condition that the property owner waive any right to object to a hazardous building procedure with the costs being assessed against the property owner. Flint commented that it should be made clear that the City is not condemning the land but the building. Goettcn stated she would be in favor of condemning the building but not the land. 4 I ' I ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 (#16) Revised Resolution Regarding the Release of the Tax Forfeited Parcel at 1960 Shoreline Drive - continued Major Jabbour moved, GoeRen seconded, to approve Resolution #4105, a Resolution Allowing Tax Forfeited Land at 1960 Shoreline Drive to be Released for Private Sale to Adjacent Owners. VOTE: Ayes 4, Nays 0. Mayor Jabbour moved, Kelley seconded, to direct City Staff to contact the property owner requesting that he waive his right to object to a hazardous building procedure and allow the building to be torn down with the costs associated with the removal being assessed against the property. If the property owner objects to this. City Staff is directed to bring the matter before the City Council at the July 13 meeting. VOTE: Ayes 4, Nays 0. (*#17) LOCAL PERFORMANCE AID CERTIFICATION - RESOLUTION NO. 4105 Goetten moved, Kelley seconded, to authorize the Mayor and one Council Member to sign the Certification of Local Performance Aid payable in 1999. VOTE: Ayes 4, Nays 0. (#18) SCHEDULING OF WORK SESSION Goetten stated a work session needs to be scheduled between the Orono Highway 12 Design Review Committee and the City Council to discuss the status of the Highway 12 preliminary design process and obtain direction from the City Council. Goetten commented a decision on the preliminary design process was to have been made in June but no decision may be forthcoming until September. Moorse suggested July 7th be scheduled for the work session. (*#19) LICENSES There were no licenses. (*#20) BILLS Goetten moved, Kelley seconded, to approve payment of the All Funds Account, VOTE: Ayes 4, Nays 0. 1 ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 22,1998 CITY ATTORNEY’S REPORT Attorney Radio requested an Executive Session to discuss Application #2308 based on attomey/client privilege. ADJOURNMENT Mayor Jabbour moved, Flint seconded, to adjourn the meeting at 10:28 p.m. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor : t 3 } i SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 COUNCIL MEETING JUL 13 ^^98 ROLL CITY OF ORONO The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley and Barbara Peterson. Council Member Richard Flint was absent. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Director of Public Services Greg Gappa, City Engineer Tom Kellogg and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:05 p.m. (#1) CONSENT AGENDA Goetten moved, Peterson seconded, to approve the Consent Agenda as proposed. Vote: Ayes 4, Nays 0. ZONING ADMINISTRATOR'S REPORT (#*2) ROAD NAME CONFIRMATION - LITTLE ORCHARD WAY Goetten moved, Peterson seconded, to approve the road name Little Orchard Way for the plat of Little Orchard. Vote: Ayes 4, Nays 0 ENGINEER REPORT (#3) SHORELINE DRIVE/HERITAGE DRIVE AND LANE SEWER PROJECT A. ASSESSMENT HEARING - RESOLUTION NO. 4106 Gappa opened the assessment hearing at 7:08 pm. Kellogg presented a diagram of the proposed gravity sewer project and explained the layout. He noted that grinder stations would be used in 5 of the properties, Lots 16-20. Two property owners have requested exclusion from the project. G. L. Contracting of Medina will be the contractor. Gappa added that the proposed assessment is $19,100 per sewer unit, payable over 15 years. The bond sale and financing should be at approximately 6.5% and will be finalized prior to submitting the assessment to the Council. Jabbour noted that the figures presented are "not to exceed" numbers. The City cannot increase the cost but could reduce the cost based on the final bond interest rate. i ’ SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Lowell Janke, 1180 Heritage Lane, Lot 9, inquired about the time period involved in the assessment. Jabbour responded that the assessment is for 15 years. Annual interest of 6-8% will also be included. Janke asked if the assessment could be paid for right away. Jabbour confirmed that the assessment could be paid for entirely at the City offices, or it could be added to the property taxes. It could also be added to the property taxes and paid off at any time with the interest accumulated to the point at which the assessment is paid off. Jorgen Viltoft, 1155 Heritage Lane, Lot 14, requested exclusion from the project. He has lived at the property for 27 years with no problems. Only two people occupy the house 5 months of the year. Jabbour explained the philosophy of the City regarding sewer projects. At one time, the City required all properties in a project to participate. A few years ago, the City decided to allow those properties with a fiilly functioning septic system to request exclusion from a sewer project, rather than have one or two properties hold up a project through the appeal process. When a property that has been excluded from a project decides to connect, the property is required to pay the original assessment amount plus inflation. Kelley added that the State could change the septic regulations, the homeov^mer could decide to add bedrooms, or the existing septic system could fail, all incidents which may require hookup to the sewer system at an increased cost. Jim Snyder, 1085 Heritage Lane, Lot 16, questioned street repair with the installation of the force main. He noted the street is currently in very bad condition. Kellogg responded that the force main is off to the side of the street in the City's right-of-way. The stri et will be overlaid but no major reconstruction will be done. Any damage done by construction vehicles will be repaired. Gappa stated that 5 of the properties wili be using grinder pumps. In a past project, the City bought and furnished the grinder pumps, which some homeowners and plumbers objected to because they preferred a different pump. In this project, all properties will be assessed the same amount, but those with grinder stations will be credited $3,700. This will allow the owner and plumber to purchase the grinder pump station which works best for them. A check valve would be part of the grinder pump system. Kellogg confirmed that there will be a mechanical shut-off at the property line for the grinder stations, similar to water and sewer curb stops. Tlie engineer will w'ork with the owner to determine the best location for thf* shut-off. SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Janke stated that his septic tanks are currently behind his house and asked if the sewer connection would have to be at the front of the house. Jabbour responded that it would be the property owner's responsibility to determine where the hookup from the house would be located. Kelley added that septic tanks must be abandoned once the sewer hookup is complete. Janke asked aboi.n the timing for the project. Moorse responded that if anyone wanted to appeal the assessment, a written objection would have to be received at the current public hearing to preserve the right to appeal. If no written objections are received, no appeals could be submitted. Barrett added that no written objections had been received at that time. Janke commented that there had been very little maintenance done to the road over the last 30 years. Jabbour responded that the City had a minimum budget for street maintenance but increased from approximately $40,000 in 1996 to $100,000 in 1997. There is a schedule of street improvements, so there will be more maintenance throughout the City. Dean Patterson, 1025 Heritage Lane, Lot 18, commented that a new septic system was installed last year on his property and asked if he would be required to abandon the septic tanks at his own expense. Jabbour confirmed that he would. Patterson asked what would happen if he objects in writing at the current meeting. Jabbour responded that the City could cancel the project, or opt his property out of the project. If the property were not included in the project, when the septic system fails and the homeowner decides to hookup to sewer, the City would charge the $19,100 assessment, plus the interest rate on the bond and the inflation cost. Patterson questioned how the sewer project began as he was fairly new to process. Jabbour replied that the neighbors petitioned the City. Kelley noted two benefits of sewer: 1) It frees up yard space. 2) The drainfield is based on the number of bedrooms; sewer removes that restriction and would allow more bedrooms. Jabbour added that there is a limited number of sewer units available to the City. Kelley explained that if a property owner "opts out" of the project, the City flnances that property's assessment through the City's budget until the property owner decides to connect to sewer. Patterson asked what percentage of the neighborhood voted for the sewer project. Gappa responded approximately 70%. SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Greg Coward, 1950 Heritage Drive, questioned the size of the main line and asked if restoration of lawns was part of the project. Gappa responded that the line is 8", and the contract includes restoration of sod and replacement of trees. Coward asked about the hookup process. Gappa explained that the hookup is done by a licensed plumber hired by the homeowner, not the contractor installing the main sewer lines. The plumber and homeowner will work with contractor to determine the best location for the stub. Kellogg explained that there is a lag time from when the main line in installed and the property owner actually connects to the sewer. The main line needs to be accepted by the City through various testing procedures. Janke asked for clarification of the location of the hookup. Kellogg responded that a wooden lath would be distributed to each homeowner with "service location" written on it. The property owner would then place the lath where the connection should be located. Viltoft asked if the City had considered municipal water. Jabbour responded that it was not in the plan. There is a misconception that water could be located in the same trench as sewer, and city water would be very expensive. Viltoft noted that city water is nice during power outages. Patterson asked who maintains the grinder pump. Gappa replied that maintenance is the homeowner's responsibility. Patterson asked how long a grinder pump lasts. Gappa replied that a pump may last up to 7 years before it needs significant repairs, and depends on how it is maintained. If a pump needed to be repaired, it would be approximately $200, similar to a mound system pump. Bob Stiema, 1930 Shoreline Drive, expressed concern about the schedule as he would like to see the project completed in 1998. Jabbour responded that if there were no objections at the current meeting, the project would proceed with the acquisition of easements. If there was a property owner who was not willing to grant a required easement, it could take 90 days for a quick take easement. In that case, the City could decide not to proceed if litigation were involved. Stephen Larson, 1005 Heritage Lane, asked about the road replacement. He felt that since equipment would already be working on the road, repair should be considered. Jabbour responded that repair work and regular street maintenance are not done by the same contractor. Gappa commented that this area might be considered as part of the normal overlay schedule to keep all of the neighborhood on the same maintenance schedule. SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Janke questioned why two of the lots were not included in the project. Gappa responded that they were non-conforming lots and currently unbuildable. Typically the City does not want to include such lots in an assessment as it may imply some zoning rights as a buildable lot. The property owner would need to go through the variance process with the City to detemiine if the lots were buildable. It they were buildable, a connection fee would be charged with a building permit. The public hearing closed at 7:50 p.m. Janke asked when construction of the project would begin. Jabbour responded that it would be within the next 3-4 weeks if all easements were obtained. Gappa added that the City would be in contact with homeowners once the project began to determine stub locations. Goetten moved, Peterson seconded, to adopt Resolution No. 4106 adopting the Shoreline Drive, Heritage Drive and Heritage Lane area sanitary sewer assessment roll excluding the properties at 1135 Heritage Land and 1920 Shoreline Drive from the project. Kelley confirmed that the project area is in the 2 acre zoning district with existing homes constructed prior to 2 acre zoning regulations, and the two lots not included in the project were platted with the original plat. He felt the two lots would be considered buildable under these circumstances and suggested the City lower the cost of the project by including those two lots in the project. Gaffron confirmed that the two lots are within the MUSA boundary. Gappa noted that a public hearing would need to be held for those two lots to include them in the assessment. Jabbour suggested the City assume the cost of the assessment for those two lots until the property owner requests a sewer connection, if staff agrees that the two lots would most likely be considered buildable at some time in the future. Vote: Ayes 4, Nays 0. B. ACCEPT BID AND AWARD CONTRACT - RESOLUTION NO. 4107 Kelley moved, Goetten seconded, to adopt Resolution No. 4107, awarding the contract for the installation of sanitary sewer improvements in the Shoreline Drive, Heritage Drive and Heritage Lane areas to G. L. Contracting of Medina, Minnesota in the amount of S279,194.07, which includes Change Order No. 1. Vote: Ayes 4, Nays 0. (#4) FERNDALE ROAD IMPROVEMENT AGREEMENT Kelley moved, Goetten seconded, to approve the agreement with the City of Plymouth for the Ferndale Road improvement project. Vote: Ayes 4, Nays 0. SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 CITY ADMINISTRATOR'S REPORT (#5) UPDATE ON EMPLOYMENT STATUS OF MARK THOMTON Moorse reported that Tliomton has a medical condition which his doctor has indicated will not allow him to perform the duties of a police officer. He has been off since the middle of March and is out of benefits. Staff is recommending termination from his position. He has made a workers' compensation claim stating that his medical condition is work related. He also has the potential for a veteran's preference hearing and a grievance through his collective bargaining agreement. Jabbour asked about the City’s relationship with Thornton. Moorse responded that Thornton is not happy about the denial of his workers' compensation claim. Kelley asked what would happen if the City did not terminate Thornton and took no action. Moorse responded that it left a question as to replacing him or filling his hours. Barrett commented that an employee in this situation, who has otherwise been a good employee, would want to trigger veteran's preference, COBRA rights, and come to a reasonable conclusion. Kelley suggested authorization to hire another officer, and leave the initiation of termination up to Thornton. Peterson noted that the employee would have to be terminated for COBRA rights to begin. Goetten commented that she wanted to be fair and was unaware of any complaints with Thornton, • . •Barrett felt it was a better policy to pursue termination Jabbour suggested visiting with Thornton to communicate to him the City's appreciation for his yeare of service as a police officer, and to express the City's regrets regarding his health conditiori and his inability to continue working as a police officer. He felt the City should help him explore his rights. Peterson felt the City was making a mistake if they decided not to terminate Thornton. Kelley agreed. Peterson asked about the process of replacing Thornton. Moorse responded that once the termination is finalized, the City can consider making Thornton's temporary replacement (Chris Fischer) permanent, or initiate s selection process for a full-time police officer. 1 SPECIAL ORONO CITY COUNCIL MEETING MINUTES FOR JUNE 29,1998 Kelley moved, Peterson seconded, to terminate the full-time status of Mark Thornton, with great regret. Jabbour suggested looking at some type of recognition for Thornton's years of service to the City. Vote: Ayes 4, Nays 0. City Attorney Barrett requested an Executive Session to discuss pending litigation. ADJOURNMENT Jabbour moved, Peterson seconded, to adjourn the meeting at 8:05 p.m. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor lu hr< »Tl >Tl * * i>.o a a e REQUEST FOR COUNCIL ACTION DATE: July 10,1998 ITEM NO: ^ Department Approval: Name Ron Mocrse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report hem Description: Brook Park Realty - Request for PRD and Class III Pteliminaiy Subdivision at 3760 Shoreline Drive This item is in litigation. COUNCIL MEETING 'JUL 13 1998 CITYOFORONO 1 (^'JUN ’CIL MtiETINQ REQUEST FOR COUNCIL ACTION JUL 13 1998 cnYOFORONO DATE: July 8, 1998 ITEM NO.: ^ Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Randy and Marie Staffanson 1422 Park Drive Variance-Resolution Zoning District: LR-IB One Family Lakeshore Residential District (1 acre) Lot Area:14,383 sq.ft. (.3302 acres) Application:The applicants appeared at the May 26th City Council meeting and indicated that they wanted to reconsider the proposed location of a garage to replace the garage that was destroyed by fire. The City Council directed the applicant to reschedule consideration of their variance after they made a decision about reconstruction. The applicants have contacted staff and have requested variances for hardcover and side yard setback to rebuild a garage in the same location and same size as the previous garage. Staff has renotified the neighborhood about the Council's consideration of the variance and drafted the variance to reflect the applicant's request. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolution. I * ! • -7r LOT 2 EXISTING HARDCOVER IN ZONE A. HOUSE B. GARAGE C. DRIVEWAY D. SIDEWALK E. PATIO /. DECK HARDCOVER CALCULATION WORKSHEET ( AREAS CALCUUTED BY AUTO-CAD ) SETBACK ZONE 250-500’ (±318’ MEASURED) 1,017.00 F. LANDSCAPE UNDERLAIN WITH RUSTIC OR FABRIC 630.00 1,378.99 375.79 176.95 348.30 87.11 144.10 156.68 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. G. OTHER (SHED it CONC. SLAB) ( PLASTIC COVER ) ( WOOD STEPS ) 168.90 39.78 43.18 S.F. S.F. S.F. TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 4,566.78 14,383.00 S.F. A S.F. B 4,4566.78 / 14,383.00 X 100 “ 31.75 % 1 FOUND r STEEL AXLE i :I ^ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) AND SECTION 10.22, SUBDIVISION 2 FILE #2358 WHEREAS, Randy Staffanson and Marie Staffanson (hereinafter "the applicants") are owners of the property located at 1422 Park Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 14, "Saga Hill Revised," Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, tlie Orono City Council held a public hearing on May 26, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to pemit the construction of a new 24'x26' garage in the same location as a previous garage destroyed by fire. Variances for a side yard setback to allow the ‘;.;rage to be located 6.16' from the property line where 10' is required and a hardcover variance ti> allow 31.75% hardcover in the 75-250' setback is required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. 2. This application was reviewed as Zoning File #2358. Tlie property is located in the LR-IB, One Family Lakeshore Residential Zoning District where 1 acre or 43,560 sq. ft. is the minimum lot area. The property consists of .33 acres. 3. The City Council made the following findings of fact: Page 1 of4 A. The variances are required to preserve a substantial interest in the property. B. No other location exists on the lot where a garage can be located. C. The garage replacement does not increase the amount of hardcover beyond the amount that previously existed nor further encroach into the side yard setback than the former garage. D. The zoning lot does not conform to minimum zoning requirements for the LR-IB district. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely af.<;ct traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. • • CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) and Section 10.22, Subdivision 2 to allow 31.75% hardcover in the 250-500 ’ setback where 30% is allowed and to allow a side yard setback of 6.16' where 10' is required to permit construction of a new 24'x26' garage in the same location as the previous garage that was destroyed by fire. Appro'^al was subject to the following conditions: 1.'file existing shed encroaches in the required rear yard setbacks. If the shed is destroyed, it shall not be allowed to encroach in the required yard or increase in size. Page 2 of 4 2. 3. 4. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 13, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of July, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Own>.r(s) STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. The foregoing instrument was acknowledged before me on this 13th day of July, 1998, by Gabriel Jabbour & Linda S. Vee, 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 3 of 4 REQUEST FOR COUNCIL ACTION COUNCIL MEETING JUL 13 1998 CfTYOFORONO Date: July 7, 1998 Item No.: (p Department Approval:Administrator Approval: Name: Michael P. Gaffron Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: #2361 William & LaWayne Yaeger, 310 Big Island - Lot Area Variance and Redesignation of Record Lot 15 Zoning District: RS Seasonal Recreational District List of Exhibits A - Resolution B - Nolice of Council Action 6-24-98 C - Staff Memo & Selected Exhibits of June 17, 1998 D - Letter from Fames & Bruntjen 6-22-98 Council Action of June 22 On June 22 Council voted 3-0 (Peterson absent, Jabbour removed himself due to a potential conflict of interest) to conceptually approve the applicants’ proposal and directed staff to draft a resolution including appropriate findings and conditions. Applicants’ proposal included the following: 1. Request for City designation of the combination of Lots 64 and 65 as an independent Record Lot in the RS District. Bruntjen/Fames’ Lots 8-9-10-11 to be combined with an existing adjacent Record Lot (Record Lot 16 or another Record Lot to be named later...) to result in no net increase in the number of Record Lots on Jhe Island. 2. Request for lot area variance for Lots 64-65, which will total approximately 0.5 acre when combined. 3.Applicants to relocate illegally constructed cabin to a conforming location in Lots 64-65 within 6 months and provide it with a conforming foundation. As a result, there will be no need for after-the-fact hardcover or setback variances. Applicants to obtain the appropriate building permits for the cabin and gazebo. 4. No plumbing allowed in cabin until a conforming septic system is provided. !1* ^1 #2361 - Yaeger July?, 1998 Page? Bruntjen and Fames submitted a letter dated June 22 indicating they agreed to this pronosed reconfiguration of designated Record Lots. It is still undetermined which adjacent Record Lotfs) wtl be fte recpientfs) of Lots 8-9-10-11, and the Resolution is worded in a manner that continues Record Lot'" "" *'’3' attached to an adjacent buildable ^e Resolution also inco^orates the appropriate standard findings and conditions of the •automatic Staff Recommendation Staff recommends adoption of the attached resolution. COUNCIL ACTION REQUESTED Adopt the attached resolution for the redesignation of Record Lot 15 on Big Island and granting a lot area variance for the newly designated Record Lot 15. g a Proposed Motion: Moved by -----, seconded by ___, to adopt Resolution No. granting a lot area vanance and revising the Record Lot designation for Big Island Record Lot 15 vote:__ayes,__nays. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 6 AND REVISING THE RECORD LOT DESIGNATION FOR BIG ISLAND RECORD LOT NO. 15 - FILE #2361 WHEREAS, William and LaWayne Yaeger (hereinafter "the applicants") are owners of property located at 310 Big Island within the City of Orono (hereinafter "City") and legally described as follows; Lot 64, Morse Island Park, Hennepin County, Minnesota (hereinafter "the Yaeger lot"); and WHEREAS, Nancy Lee Fames (hereinafter "Fames") is the owner of property located at 310 Big Island within the City of Orono and legally described as follows: Lot 65, Morse Island Park, Hennepin County, Minnesota, and Lots 8, 9, 10, and 11, Morse Island Park Second Addition, Hennepin County, Minnesota (hereinafter "the Fames lots"); and WHEREAS, Big Island Record Lot No. 15 as designated in Orono Zoning Code Section 10.31, Subdivision 6(F) is comprised of Lots 64 and 65, Morse Island Park and Lots 8, 9, 10 and 11, Morse Island Park Second Addition; and WHEREAS, the applicants have made application to the City of Orono for a lot area variance vo allow the construction of a seasonal dwelling on Lots 64 and 65, Morse Island Park, and have requested that the designated combination of lots which comprise Big Island Record Lot No. 15 be revised to include only Lots 64 and 65, Morse Island Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS Page 1 of6 This application was reviewed as Zoning File #2361. 3. In 1983 the City rezoned Big Island from LR-lA-1 Single Family Lakeshore Residential Subdistrict to RS, Seasonal Recreational District. The subject properties are located in the RS District. The 1983 rezoning included establishment of comprehensive standards for development and use of the island, which standards are codified as Orono Zoning Code Section 10.31. A key element of the 1983 rezoning was designation of individual lots or groups of commonly-owTied lots, as "Record Lots", based on historic ownership and use patterns. Each Record Lot was numbered and categorized as "Subdividable", "Conforming", "Substandard" or "Substandard Unbuildable", based on acreage and on whether the site was currently developed. A total of 69 "Record Lots" were so designated, and 'automatic lot area variances' were authorized for those that were considered as buildable Record Lots. 4.Lots 64-65, Morse Island Park and Lots 8-9-10-11, Morse Island Park Second Addition, were designated as Record Lot #15, by virtue of their common ownership by Roy Ahem as of November 9, 1981. Record Lot #15 was categorized as "Substandard - Buildable" with a combined acreage of 2.5 acres. Ahem protested the Record Lot designation in 1983 and subsequently sold his six separate tax parcels to six different persons. Each of the six parcels since 1983 have been considered as individually unbuildable per the RS District ordinance. 5.Lots 8-9-10-11 are separated from Lots 64-65 by a dedicated roadway. Lots 64- 65 abut the lakeshore, while lots 8-9-10-11 do not abut the lakeshore. 6.Tha applicants constmcted a cabin on Lot 64 in 1997 to replace a cabin that previously existed on the site. No building permits were applied for nor issued, and the cabin was constmcted at a location not meeting the required 75' lakeshore setback and comprising illegal hardcover on the 0-75' lakeshore setback zone. Page 2 of 6 7. 8 9. The Orono Planning Commission reviewed this application at a public hearing on June 15, 1998 at which time the applicants indicated they had the ability to acquire Lot 65 from Fames for legal combination with Lot 64. The applicants further proposed to relocate the cabin to a conforming location within Lots 64- 65. The Planning Commission voted 6-0 to recommend approval of a lot area variance for the combination of Lots 64-65, comprising a total combined area of approximately 0.5 acres and having a defined width at the shoreline of approximately 98'. The Planning Commission further recommended that Lots 64-65 henceforth be designated as Record Lot 15 and that Lots 8-9-10-11 be legally combined with an adjacent existing Record Lot (potentially with Record Lot 16), subject to approval of Fames. The lot area variance and redesignation of Record Lots is justified by the following: The net result is that no additional Record Lots will be created on Big Island, hence the overall density will not increase, which is in keeping with the City’s ordinances and Comprehensive Plan goals and policies for the Island. The combination of Lots 64-65 w ill allow development of Record Lot 15 for the allowed seasonal recreational purpores without the need for further variances. As many as 2o other Big Island Record Lots which are designated as "substandard - buildable" are 0.5 acres or smaller in area, hence approval will not be out of character with the neighborhood. The proposal is an amicable solution to a long-standing dispute between the City and the former property owner. a. b. c. d. Fames has provided a letter to the*- City indicating agreement with the redesignation of Record Lot 15 as proposed and stating an intent to attach l-ots 8-9-10-11 to another adjacent existing Record Lot; this letter is attached to this Resolution as Exhibit A. The City Council has considered this application including the findings art'? recommendations of the Planning Commission, reports by City staff, comment by the applicants and the effect of the proposed variance on the health, safe.,, and welfare of the community. Page 3 of 6 10. The City Council finds that the combination of Lots 64 and 65 to become redesignated Record Lot 15 is still less than the minimum lot size required for new lots in the RS District, but that this Record Lot is being used and/or may be used in the future for any permitted use in the RS District without adverse effect upon public health, safety or welfare. 11. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants approval for the redesignation of Big Island Record Lot 15 as being solely comprised of Lots 64 and 65, Morse Island Park; and further grants a lot area variance for said Record Lot 15 based on the above findings and subject to the following conditions: 1. The approvals granted within this Resolution rely on the applicants’ acquisition of Lot 65 and shall take effect only upon the applicants’ successful legal combination of Lots 64 and 65. “ 2. Granting of this variance means that Record Lot 15 may be used for one-family seasonal recreational use without a structure; or a single new seasonal dwelling may be built; or an existing seasonal dwelling may be used, improved, added onto, or replaced; all without requiring further City Council review of lot size, but subject to strict compliance with all building permit, setback, hardcover, on­ site sewage treatment and other performance standards for development in the RS district. Page 4 of 6 3. 4. 5. 6. 7. 8. ATTEST: Granting this variance shall not vest any rights in the property other than as specifically provided in Municipal Code Section 10.31 and shall not preclude a future City Council from amending, modifying or otherwise limiting development rights and/or performance standards in the RS District. Applicant shall within 6 months of the date of this Resolution, relocate the cabin on Record Lot 15 to a conforming location and provide it with a conforming foundation. This Resolution shall not vest any rights with regard to Lots 8-9-10-11, which shall remain in their current status as unbuildable individual tax parcels until such time that they are legally combined with an adjacent existing Record Lot. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 13, 1999). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees that Lots 64 and 65, Morse Island Park, constitute a single Record Lot; agrees that the the Record Lot use may be so limited by the City; and agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of July, 1998. Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) Page 5 of 6 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1997 before me a Notary Public within and for said county, personally appeared known to me to be the pe’rson(s) described in and who executed the foregoing instrument, and acknowledged that he(lhey) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _^day of , 1997 before me a Notary Public within and for said county, personally appeared known to me to be the pe’rson(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 6 of 6 CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 413-1351 ZONING FILE #2361 NOTICE OF COUNCIL ACTION DATE OF NOTICE: June 24, 1998 TO:William & LaWayne Yaeger 15694 Sussex Drive Minnetonka, MN 55345 COPIES: WynnCurtis 1011 First St. S. #400 Hopkins, MN 55343 Nancy Lee Fames 4379 Wilshire Blvd. #C307 Mound, MN 55364 Fred Bruntjen P.O. Box 584 Excelsior, MN 55331 TYPE OF APPLICATION: Variances DATE OF MEETING: 06/22/98 VOTE: 3 FOR 0 AGAINST Council moved to grant conceptual approval per the Planning Comniission's rKOt^endation (see notice of June 17). The City is open to discussion regarding which existing Record Lot will be joined with Lots 8-9-10-11. It would be appropriate that the final disposition of these four lots be determined prior to the July 13 meeting if possible. Applicant should also evidence of a purchase agreement for acquisition of Lot 65. A resolution for approval of the lot area variance and revised Record Lot designations will be presented for Council action on July 13. Applicant's next scheduled meeting is confirmed as: City Council Monday, July 13, 1998; meeting starts at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Recorder after review and approval by the Council. r CL-I REQUEST FOR COUNCIL ACTION Date: June 17,1998 Item No • • Departmf^nt Approval: Adminisfralcr Approval: Name: Michael P. Gath*on Title: Senior Planning Coordinator Agenda Section: Zoning Item Description: #2361 William & LaWayne Yaeger, 310 Big Island - After-the-fact Variances Zoning District: RS Seasonal Recreational District Lbt of Exhibits A - PlanningCommission Action Notice 6-17-98 B - Memo and Exhibits of June 11,1998 ( Summary of Request 1.Request for lot area/width variance and City designation of Lot 64 as an independent Record Lot in the RS District. 2.Request for after-the-fact lakeshore setback, side setback and hardcover variances for construction of a new seasonal cabin to replace a pre-existing seasonal cabin on the property, and a side setback variance for a gazebo; both cabin and gazebo were constructed on the site without the required building permits. Discussion Please carefully review the memo and exhibits of June 11. The applicants proposed a solution at the Planning Commission meeting which is acceptable to staff and Planning Commission, and which results in no need for setback or hardcover variances, but which requires the redesignation of certain Record Lots on Big Island, and the granting of a lot area variance for the Yaegers. Solution Proposed by Applicant and Recommended by Planning Commission 1.Yaeger to acquire Lot 65 for legal combination with Lot 64, such combination to be henceforth designated as Record Lot #15. #2361 - Yaeger June 17,1998 Page 2 2. 3. Fames/Bnmtjen to legally combine Lots 8-9-10-11 with Bruntjen's Record Lot #16 (Record Lots #63 and #69 were also proposed to be combined with Record Lot #16, which was well-received and which would be furthering the City's low- density goals fo: Big Island) Yaeger to relocate cabin within 6 months, to a conforming location within Lots 64-65, and provide it with a conforming foundation. 4. No plumbing allowed in cabin until a conforming septic system is provided. Staff Recommendation Staff supports the proposed method of resolving this matter, which results in no net increase of building sites on Big Island, and may result in a decrease in the overall number of potential building sites. The proposal relies on the acceptance of this plan by Bruntjen and Fames, who have been requested to attend this meeting. COUNCIL ACTION REQUESTED Concep'daily approve the < : exposed redesignation of Record Lots on Big Island, conceptually approve the lot area var- .nce for the Yaegers, and direct staff to draft an appropriate approval resolution for review arid adoption at your July 13 meeting. > O 32 , LOT B (35) /^/ u *r*J cT-Z Mm t 1/ »r 4 I ... /..... % *% 59X A 10 « V'48) :a \ dif 7 .\« e \-4Ki{47)'^ i(46) ^4^ 86 \ .* iSVJt-lJ mJl» \ \ (71) (63) (60) ,(40)' \ S 5B.X M6.7 VP lotf \!^ (3) « / ...xy...71::,.../^ A 7« ,t551 'A. W|::,/ r:'.A, w. . A;., -- v’ ^ " I *• •vi; ■ v': • ■ I v;v^yp'’A:Ar'A:■ B ■••>-:A^’ .-..fy^'‘Hv'v;'v:->-V'---- ■ A I ^:-?V^:v< v . £ A'V.\V ■‘•‘h'A *. •- i Parcel Informatioh “ ; . Pared ID 2311723320028 > A House Number 00310 ; street Name BIG ISiANO .’vV‘*/* J v-v-Ar-'-V A • !•*••••••• ;• -* " V • '.' AV -• • ■*^^• ;; . •-• -■‘-;:..;'tv.- • • ■ ■ •-VV ' r •.•■•-- .4*' ,Sk . .• ■ • *- ..'■ '.A,/ -■* •.■. *•;•■* . .“ • . .. .•V^';.;.?>- * >!•„. ^.v->: «•:••■)••.•.•:':• V, . /• • •• r'.v;:;.-,;?.;iV»*-•••':■■ •• ■ •) ;•:- :•■ A . ''iVv\v . *.’ .■'** ■■' '■ ""■ ' ■'S“ Wii m 'i^'LB il‘ I I Ml lilihB^ili^^Biliiifi ji lilil • Vi• •!^ti« tf■ •• IHI ■!• • fl*•Tnrr:1 •1^« lit L«BI !• kV.B« ■ •I-I« TtT« BO B k' •ir/.i • Bci« ■[« JUN-22-19S9 17:40 Uesely Ml 1 ler JUH-22-1998 14147 Ucasly Ml 1 JUIW33.I99I CliyofOiono Orono Chy Council P.O.Box 66 Ciyital Biy. MK 5532) He: Zenini FUoNo. 2)61 Willlim ind UWoyne Yocger Dew CHy Council: well. W. in In tfiMiMM with Iht Y«en«* |W|»>hI ihn ifcqr hcquiw Yireol «5 *»j** WjW «omWiiln(ltwl<iF«^ «4indihil«» i»mital«»p«t*UhR«c<»lI.ot 15 taomkliiM wM»|OU»^ ricord lots n ii to hivt bo not incroMo in tho nuacibtf of buildibl# lou on Bib Irttno. Thank you (br your tRendon and neiiUnce wlth^ mattet •AM«i|fw|nVwaM T0T»- P.002 y r*M>OCQ 6T19T JUN 22 'Se 17:44 ea/sz/9e I TOTfiL p.eei PilGE.01 COUNCIL MeSTINQ REQUEST FOR COUNCIL ACTION JUL 13 1998 CITYOrORONO DATE; July 7, 1998 ITEM NO.: ^ Department Approval: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2380 Bruce W. Schmitt & Associates on behalf of Richard and Kathy Kyle 1140 Tonkawa Road Variance~Public Hearing Zoning District: Lot Area: Application: LR-IB One Family Lakeshore Residential District (1 acre) 27,186 sq. ft. (.62 acres) The applicant requested variances from the average lakeshore setback requirements and the 75' lakeshore setback requirement to add a second story to the existing residence. The new addition would be built on the existing foundation which is located within the average lakeshore setback and lakeshore setback. PLANNING COMMISSION RECOMMENDATION: The Planning Conimission recommended approval of the variances on a vote of 7-0, subject to the applicant reducing the amount of hardcover in both setback areas by removing the shed, patio block by the deck, reducing the size of the patio and decks, and removing rock and plastic. The applicant has submitted a plan based on the Planning Commission's directive to-reduce hardcover in the 0’-75 ’ setback from 38.42% to 25.8% and in the 75'-250' setback from 43.47% to 33.85%. The enclosed resolution reflects the hardcover amounts submitted with the revised plan. COUNCIL ACTION REQUESTED: To amend or approve the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUED. 2 AND SECTION 10.56, SUED. 16 (L) 1 AND 2 FILE NO. #2380 WHEREAS, Richard and Kathy Kyle (hereinafter "the applicants") are the ovvners of the property located at 1140 Tonkawa Road within the City of Orono (hereinafter the City”) and legally described as follows: Exhibit A attached, Hennepin County, MN (hereinafter "the property"); and WIffiREAS, after due published and mailed notice in accordance with Minnesota Sta^tes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 15, 1998, at which time all persons desiring to be heard concermng this application were given the opportunity to speak thereon; and i-. j the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subd. 2 and Section 10.56, Subd. 16 (L) 1 and 2 to permit a second stoiy addition to an existing residence that is located in the 0-75' setback where variances for hardcover, lakeshore setback and average lakeshore setback are required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS .. 3. This application was reviewed as Zoning File #2380. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District, where 1 acre or 43,560 sq. ft. minimum lot area is required. The property consists of .62 acre or 27,186 sq. ft. The Orono Planning Commission reviewed this application on June 15, 1998 and recommended approval by a vote of 7 to 0. The Planning Commission made the following findings of fact: Page 1 of 6 5. A. The subject property does not meet the lot area or lot \vidUi requirements for the LR-IB district. B. The existing residence was built in 1960 and is located 36' from the 929.4' elevation of Lake Minnetonka. C. The existing residence is located approximately 17 ’ lakeward of the average lakeshore setback. D. The existing residence does not exceed the 15% lot coverage requirement. E. The existing hardcover exceeds the amount of hardcover allowed in the 0-75' setback (38.42%) and 75-250 ’ setback (43.47%). The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or ifficulty; is necessary to preserve a substantial property right of the a;p cants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the .proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City i juncil hereby grants variances to Municipal Zoning Code Section 10.22, Subd. 2 and Section 10.56, Sub . 16 (L) 1 and 2 to permit a second story addition to tlie existing residence. Approval is su jec to the following conditions; 1. In the 0-75' setback, the shed, patio block by deck, ^ ^ removed as shown in Exhibit B, to reduce hardcover from 38.42 /o to 25.80 /o. 6. Page 2 of 6 2. In the 75-250' setback, rock and plastic to be removed as shown in Exhibit B, to reduce hardcover from 43.47% to 33.85%. 3. Authorities granted by this variance run with the property not wth the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 13, 1999). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13lh day of July, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Ovsmer (s) Page 3 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public On this day of 199 _before me a Notary Public within and for said county, personally appeared_________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC On this day of _, 199 _before me a Notary Public within and for said county, personally appeared__________________________________________ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 4 of 6 ‘ExhibVf I FnAI DESCRIPTION OF PREMISES That port of Lot 9, Auditor's Subdivision Number 217 described os follows: Beginning ot o point which is the intersection of o line drown parallel with and distant 450 feet South os meosured ot right angles from the North line of Lot 10. said Auditor* s &jbdWision Number 217 ond the Eosterly right of way line of County Rood No. 135; thence Southeasterly olong said right of woy line q distance of 274.57 feet to the aclual point of beginning of the tract of lond to be described; thence continuing Southeasterly along said right 0 distance of 112.68 feet; thence running North 78 degrees 29 minutes East. 235.5 ee , more or less, to the Westerly shore line of Moxwell Boy; thence Northwesterly along so,q shoreline to its intersection with o line bearing North 78 degrees 29 minutes East "Om t e actual point of beginning; thence running South 78 degrees 29 minutes West along said line to the actual point of beginning. For the purpose of this description, the North line of said Lot 10 is -c. to be a due East West line. Page 5 of 6 v:G \ V U\!^ 7^ •>V.^**' •/ p'fBjW p$0\ \ - Iv »K‘* <■ •*■-^•..* .^x^ . #*1.* *> ^ ‘ vT-' / , v<^' V** *>'POoj, t' .Vv 1^ »* L^ V« Id I ......... r ___ 3 ___-^'r^a’OVV - • .. i;^* • • •- ' * S K> 99-0 W I > *->f' l»:^“«-v tJ«A nl-NO^ 2i6»4APO f K athy H'Yt.e HARDCOVER CALCULATION WORKSIlLhl SETBACK ZONE: (CIRCLE ONE)75-250'250-500'500-1000' EXISTING HARDCOVER IN ZONE A. House 5HP0 coNC. 4Tfpp/rt<Sr Length 9.3 X X WlJih 9.3 6 <g (.77 B. Garage C.' Driveway D. Sidewalk PA-TIO BU>Q^ ^Yk idHd. OH N0RTj+$(O£ OA x E. Paiio/Dcck _____________ x _________ STEPS and wall i3/ u\\^E F. Landscape OH x P3 Underlain ____________ x _____________ .By Plastic , . x _____ G. Othcr'TW<) retain WALLS’ TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B X too = PROPOSED HARDCOVER IN ZONTR A. House X Length Width B. Garage _____________ X X C. Driveway X X »•# D. Sidewalk C^jur. Of^/Joufc X E. Patio/Dcck J* / 0 Ay a AT/j -4r Z 2 5 /ourf, X T^T/'-T / Ou>Ju. if(th 4»7 LA it 4 /T/< Ai F. Landscape _____________ x ______ Underlain _____________ By Plastic _____________ X X G. Other /f F rwC*A/LIJ x TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE 2/</ + B 93ao X 100 = Li>T % A VO, ^ vn iiozi SF. S.F. S.F. S.F. S.F S.F. S.F. 2Bl L5^ -152 S.F. S.F. TCTAL of S.F. 4^ S.F. [37 S.F. S.F. _ -8A S.F. S.F. 3 I 89 t S.F. 6300 i S.F. A B 3ft, 421 % // OZ S.F. _______ S.F. _______S.F. // S.F. S.F. S.F. S.F. 4/S.F. S.F. S.F. S.F. 3 €o S.F. S.F. S.F. S.F. 2/4! S.F r^oo S.F. Z5.80 % A B TiM-BirntTi-Hn'T ■ B'Bkte — f$idiv<RD f K athy K yu^ HARDCOVER CAl.CULATIO.N WORKSIIKE i SETBACK ZONE: (CIRCLE ONE) 0-75' EXISTING HARDCOVER IN ZONE ___A-. House.________________ X STEPS--and R ocks of 9bcK Border —• , Conc .^TEPP^kus-^stohES 1 6 <S~T777 BA^H' B. Garage _____________ x 250-500' Width I WCODEOCel' COKC, OH D Sidcwallc ' kJc RTH- S/Ot tiOU^P E. Patio/Dcck X X X X X X F. Landscape fOHx Underlain _________ x By Plasiic ____________ x G. Other ' -• -total hardcover in zone . TOTAL PROPERTY AREA IN ZONE A •_ ^ B X 100 = PROPOSED HARDCOVER IN ZONF. A. House X . Length Width J AAOCK iAJ ^Cfk ___________ X ..... r X ■ B. Garage ________ x C. Driveway D. Sidewalk X X iO'- TfOC E. Patio/Dcck F. • Landscape Underlain ‘By Plastic ' G. Other X X X X X cs TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE ^ ^ S 7 -i- B / P, I ^ O X 100 = Lor AotO. ^09.^21 /0-Zj C)y SF. ^ J47 500-1000* -S.F. S.F. S.F. S.F. 3<=IZOt S.F. I IQ S.F. Zj^ P lAstic (^/pX 1806 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. Sl63± S.F. I 6.7AQ t .S.F. 43. 47 + % 2oK S.F. /47 S.F. __74 S.F. 2^ S.F. S.F. 79263 S.F. //O S.F. _____ S.F. 25> S.F. S.F. S.F. S.F. S.F. S.F. S.F. A B 5 7 S.F. A /S^ -7J?n S.F. B 37, PS 9, (R ichard < Kathy HARDCOVER CALCULATION WORKSIlEi: r SETBACK ZONE: (CIRCLE ONE) 0-75* FXISTING HARDCOVER IN ZONE A. House _____________ X 75-250*250-500’ IN Lo\ 'I, 5ue,#2l7 500-1000* Length Width • m0 . 1 • •B. Garage • • «•••>• «*«• ‘««»4 »• #4 C. Driveway . D. Sidewalk E. Pa(io/Deck F. Landscape , . Underlain By Plastic G. Other X X X X X X X X X X TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE -r B \0^ X 100 = PROPOSKH HARDCOVER IN ZONE A. * House* ---- ____ X Length Width B. Garage C. Driveway D. Sidewalk E. Pacio/Dcck F. Landscape Uoderlain By Plaslic G. Other X X X X X X X X X X «•« TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE __ __ -r B ^ S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. % S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. X 100 = S.F. S^.F. O % /0€ A B A B \V4i5>!t‘^cV'iM# •. :v. ‘V ' V.- r. - k A ^Kl*« p'SKi > ^ , VS^- K»«>“ / • ' ■» f> >oooJ(^ •-■•''jiljiwm XV- tl !l t\ ^ m o 2 ' ? _____ "-.r-t'Q9‘0VV tr\ t S’* > • *' V-i'^^‘^> r .|-- -^ .. - .'io 1 ^ m* TO:Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator FROM: DATE. Paul Weinberger, Assistant Zoning Administrator Junes, 1998 • SUBJECT: #2380 Bruce W. Schmitt & Assoc, for Richard and Kathy Kyle 1140 Tonkawa Road Variances—Public Hearing Zoning District:LR-IB One Family Lakeshore Residential District (1 Acre) Lot Area:27,186 square feet (.62 acre) Application:The applicant is requesting variances from average lakeshore setback requirements and the 75 foot setback requirement for lakeshore property to add a second story to their home. The new addition would be placed above the existing structure which encroaches into the setback requirements. Pertinent Ordinances: Section 10.22, Subd. 1(A): Lakeshore Setback Regulations Section 10.22, Subd. 1(B): Average Lakeshore Setback Regulations 02380 Bruce IK Schmitt and Asslclaies 1140 Tonkawa Read Variances 6/15/98 Page 1 1 ■5 ■ i ■ ANALYSIS Lot Area and Yards Lot Area Lot Width Lakeside Yard Side Yard Street Yard LR-IB 1 acre 140’75’10’35' subject property .62 acre 110’at OH WL 110’at 75' Setback 36'-existing 36’-proposed 12’North 15.1 South 104’ The subject property does not meet lot area or width requirements. The lakeshore setback is also not met as existing or proposed. Lot area and width variances are not necessary for this application. A lakeshore setback variance is necessary, however. Structural Coverag e Total Lot Size Total Structural Coverage Percentage 27,189 s.f.Existing: 3,136 11.5% The lot does meet the 15% structural coverage requirement. The applicant is not requesting to change the coverage on the lot. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0'-75’8,300 s.f.3,189 s.f. (38.42%) none 3,189 s.f. (38.42%) none 75’-250’18,780 s.f.8,163 s.f. (43.47%) 4,695 s.f! (25%) 8,163 s.f. (43.47%) none 250'-500’106 s.f.none 31.8 s.f. (30%) none none The applicant is not requesting to change any hardcover on the property. 02380 Bruce IF. Schmi:t and Aisldcttes 1140 Tonkawa Road Variances 6/15/98 Page! ■3i L f » STATEMENT OF HARDSHIP The applicants’ statement of hardship is included Attachment A. They should also be asked for their testimony regarding this issue. rriteria for Determining T Indue Hardship 1.The property in question cannot be put to a reasonable use if used under conditions allowed by the official control!is. The existing residence and deck were built prior to cunent zoning regulations. Any proposed improvements to the residence may require variances from lakeshore and average lakeshore setback regulations. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot was platted prior to current zoning requirements. The house and deck were also constructed before the current zoning requirements. This condition has resulted in the lot encroaching into the 75 foot and lakeshore average setback distances. 3. The variance, if granted, may alter the essential character of the locality. The structure currently exists on the lot within the average lakeshore setback distaiice.^ I^e variance for encroachment into the setback applies to the 2nd story addition over the existing structure. A variance from this requirement would not alter the residential character of the neighborhood, or would it alter the use of the property. 4.The Board of Appeals and Adjustments or the Council may not permit as a variance for any use that is not permitted under this Chapter for the property in the zone where the affected person's land is located. Single family residential use is permitted in the LR-IB (One Family Lakeshore Residential) zoning district. »2330 Bnict It*. Schmitt and AsslclaUs U40 Tonkava Road Vartancti 6/ism Page 3 i I 1 5.The special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property. Tlie structure is currently located within the setback distance. It would not be possible for the applicant to place the addition over any other portion of the residence without a variance. 6.The conditions do not apply generally to other land or structures in the district in which said land is located. Generally residences wll meet required setbacks in the 2oning district. This property does not due to the original construction occuring prior to the current zoning regulations. 7.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The granting of the variance is not necessary to enhance the use of the structure. It is to create more living space vnthin the residence. 8.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The appicant has proposed to increase the size of the residence by expanding vertically. The building footprint and hardcover on the property will not change if variances are approved. Issues 1.The 2nd story addition will be placed directly above the current structure located within the average lakeshore setback of the adjacent properties. 2.The proposed project will not increase or decrease the structural coverage or hardcover on the property. §2380 Bmc9 W, Schmitt am! Assiciates 1140 Toiika\9a Road Variances 6/15/98 Page A i STAFF recommendation staff recommends approval of variances from average requirements to allow the construction of a second story addition to the residenc . Attachments Application and Statement of Hardship Plat Map Property Owners List Location Map Topographic Map Permit Record Survey Hardcover Calculations Architecture Plans ■’ M2380Bruc« IK Schm!a andAssiclales 1140 Tonkasva Road Vartancts 6/IS/98 Page 5 EXHIBIT A CITY OF ORONO - VAIUANCE APPLICATION Initial Application Fee $220.00 (S50.00 per each additional variance) Rcncv.'al Variance Fee $120.00 (no change from original application) Variance for non-conforming structures $220.00 . . Aftcr-thc-Fact Fees* (Double application fee) •N PROPERTY INFORMATION Site Address___1140 Tonkawa Road 1 Orono« Minnesota _____________Date Recelyed at Paid Property Identification Number (PJ.D.l 081172'^nonnfl Attach legal description to application if not included on required survey. Date Property Acquired December. 1978_________________________^(month/ycar) I ^ot) also own the adjacent parcels of land. Present use of property: x residential ___^othcr (specify)___________________ ZoningPistrict: t.r-ir_________________________________________________ T. APPLICAl^^j^^^j Frank Kyle and Kathy Kyle Name anA tMfp^ Phone (home) 471-9533 Phone (work) 476-0042 , Address: n40 TonVaua BnaH )/l7^ -/o \ 320W'(ER (if different than applicant) Name../or^dx-.6^ 6oh^.-h^ 4 As.U CL City. Qyrmn Zip: Phone (home)_ Phone (work)_ i AddreSs;e^ACitv:Zb: 5^39 i 'Ir'iDESCRIPTION OF REQUEST Estimated Construction Cost $ '^nn.nnn.nn^ Describe .request m detail: Existing-home is a partial two-.^tory. Request Is rn J \i CQ^StTll^^ aHHIfInnal <;prnnfl Tlnnr eparp nirpy fi.TgtT SpSlCQ . *.• .*7» *r ^pare over px.lstlng. (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area Lot Width Setback:Front Side Hardcover Rear Lot Coverage X Average Lakeshorc Other (specify) HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: As a portion of the existing, home which ve are seeking approval to add a second floor onto presently Infringes_ _ __ upon lake front setbacks, we are requesting your approval for a variance on_ the setback requirements for this project._______________________________ (attach additional sheets if necessary) RUN DATE 04/21/98 BATCH 502PROP ADDR OHNER NAME TAXPAYER NANE/ADOR 38 08-117-23 13 0006 01180 TONKAWA RD R E EN6EBRETS0N ET AL RICHARD E ENGEBRETSON 1180 TONKAHA RD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OHNERS LIST38 08-117-23 13 000701160 TONKAHA RD P T « S K STEVENS PATRICK T A SUSAN K STEVENS 1160 TONKAHA RD LONG LAKE MN 55356 REPORT NO. PI435401 PAGE 638 08-117-23 13 0008 01140 TONKAHA RD J ROLAND PAVEK TRUSTEE J ROLAND PAVEK 17610 19TH AVE M PLYMOUTH MN 55447 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 08-117-23 13 0009 01120 TONKAHA RD J A A BENDT JOHN 6 A ANNE L BENDT 1120 TONKAHA RD LONG LAKE MN 55356 38 08-117-23 13 0010 00038 ADDRESS UNASSIGNED MARVIN BORMAN ETAL MARVIN BORMAN 3300 NORHEST CENTER MPLS MN 55402 38 08-117-23 13 0016 01145 TONKAHA RD D 0 ADAMS ARK ADAMS DANIEL OSCAR ADAMS ROXANN K ADAMS 1145 TONKAHA RD LONG LAKE MN 55356 PROP ADDR OHNER NAME TAXPAYER NAME/ADDR 38 08-117-23 13 0017 01185 TONKAHA RD M T RENARD ADS RENARD M T RENARD ADS RENARD 1185 TONKAHA RD LONG LAKE MN 55356 38 08-117-23 13 0018 01205 TONKAHA RD THOMAS H SMITH A HIFE THOMAS H SMITH 1205 TONKAHA RD LONG LAKE MN 55356 TOTAL BATCH • . . 502 00008 • • r I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION* TO THE BEST OF MY KNOHLEDGE AND BELIEF. '^BY O SiDATE r ^1 r 1 • .1 ■ •* • • • ifi ' «. *»■ ri»mrr--^-«-» -m»- ■.—x-».-rr ■» »-.—1>^ — V.lt» 929.$ EXHIBIT E i • EXHIBIT F Permit No. 996 f:• t S'lOf( PERMIT RECORD Date Sr-fcO V«/c5''» //• 36-ntS i . Type of Permit /?«?5 /CcfTVftVA'Rf ‘ U 473-4435 COFFIN & 6R0NBERG ' 1 of3 |<,(»a Po f |<c ;at »y l<Yt£ HARDCOVER CALCULATION WORKSHEET PAGE 02 IN Lot Sop, # 2.17 SETBACK ZONE; « IKCLE ONE)75-250* pyiSTlNr. hardcover in zone A. HouJc ___ X• • mmrn m •« Sl4f0 Lcntih mm X X WUlh 93 ic. ^reppiHCt sio/jf/;__5 ’" Q^cM B. Garage __ C. Driveway R ts z» • • • •! • • •X X D. Sidewalk PATiO y^-OQ^ B/x OH $IOt :lf ' * Ml h' k h: r- E. Paiio/Dcck- ........______ x STf.P^ANCTlii. rr'i^NC) PECJ4 9v LJ\)^£ rs e F. Landscape ___x Underlain By Plasilc • »• •X X G. Oiher‘tW3 k{ W^LL.$‘ TOTAl HARDCOVER IN ZONE TOT a : PROPERTY AREA IN ZONE ___ + B X 100 s= PROPOSK.n HARDCOVER IN TONF. A. House SJ••• • • J.cnijiii Width •• • • • • • m 0* X X X B. Garage C. Driveway •••• • • • • • • • • • X X D. Sidewalk X A E. Patio/Dcck • • • •• X X « F. Landscape Underlain By Plastic • mm mm mmrn m 0 X X X O. Other • • •• • • TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE •i- B X 100 ‘ SOO-IOOO /o t '17 •97 • llOZi S.F. • i S.F.• n S.F. S.F. • ♦ • S.F S.F. f S.F. 20 S.F. S.F. - 1 F63 ISZ Total oP S-F- 0F6H5 S.F. 137 S.F. S.F. S.F. S.F. 3iaq±S.F.A . G300 t 3R.^Zt S.F. % B I i S.F. S.F. S.F. S.F. % A B COFFIN ^ GRONBERS04/2ifi*HI®|eF H 2 of 3 i(<iaV«RO f K^tht Kyu £ HARDCOVER CAI.COLATION WORKSHBEl SETBACK ZOMt: (fTRCl.E ONE) 0-75*250-500* PAGE 03 IH ur 'n.FL, ^Z\' /O-l f .ri SOO-IOOO* fyijsTiNC Hardcover in zone A. House_____________ ^ jc BoROEK :i_ ■C.ATfPRHf^TFNf 5 „ !*• .ii7^ Width ^0 E06r^f ’ B. Garage Driveway • •mm • • > • • • • ••X X D. Sidewalk _______ \Cm OH t^V^I $ ID e . ¥l:. 1 ■- ,mm» 0^ ••♦' X X E. Patio/DccX.______-X X F Landscape ___^Hx Underlain By Plasilc P lastic • • • mm m< • X X G. Other TOTAL HARDCOVER IN ZONE TOT.M PHOPERTV AREA IN ZONE B X lOO ppnpnsK.n hardcover in ZONE A. House I cn^U:Widih X X X .•••.. ■ <»• • • ' B. Garage C. Driveway ’ _ • «Ha» • • • •< X X • mm 9 mmrn D. Sidewalk •% • • • • » . • • • X X m s £. Paiio/Dcck ...................X X • 9 • •• «» • < F. Landscape Uoderlain By Plastic > m m 9 mm X X X • «i • mm O, Other TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE B _X 100 • • • •< ••, 2.0?^!S.F. 14-7 S.F. S.F. S.F. S.F 3^20 1 S.F. 110 S.F. S.F. .. id-S.F. S.F. S.F. -.1^S.F. S.F. 1 S.F. S.F. 9I63±S.F. m'JSKw S.F. ^3. <^7 1 . S.F. S.F. S.F. S.F. S.F. - S.F. •S.F. • S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. A B A B 1 • 04/21y^Sa%TTlA%eft IT 473-4435 COFFIN 8 GRONBERG .fi.xm'BlTH ^ .chard ^ Katvay K^i^t ^ ^ HARDCOVER CAI.CULATION WORKSl 1EKJ- PAGE 04 m LC>T '1^U. setback ZONE: fCIRCLE ONE) 0-75* pyt<;TINr. hardcover IN ZONE 75-250’250-500 ’.500-1000* •S’yft. #Ei7 A.House X -a S.F. ‘.'■•’X'l X WidlK ■r S.F. • •X • '• ^S.F. ••• • .X •.* S.F.• • B.Garaee X S.F C.Driveway X • ss S.F. < X ST S.F. D.Sidewalk X r»S.F. X =S.F. E.Faiio/Dcck X —S.F. •X ts S.F. F.Landscape X S.F. Underlain X C=l S.F. By Plasiic X ss S.F. G.Other # aa* m X •IS S.F. ••total hardcover in zone m •O S.F.A •TOTM PROPERTY AREA IN ZONE ••iZiAi S.F.B A +B X 100 e o % pROPosEij Hardcover in 20^nc A. House X • St 0 «• S.F. •X Width S.F.cX<s S.F. A A a a A . a X SS S.F. B.Garage X g.S.F.it C.Driveway X • •JB -S.F. \ •• /•TN ^" •X e S.F./P^r #• •. D.Sidewalk ‘X »S.F.c. X c S.F. E.Pailo/Deck X S.F. X ♦ *>•S.F. F.Laiulscapc •X • S.F. Uodcrlain X n S.F. By Plastic X IS3 S.F, G.Other X ca S.F. total HARDCOVER IN ZONE • •S.F.• A •TOTAl PROPERTY AREA IN ZONE •S.F.B A B X 100 *=% I I ooJ wHH V • ' ’ ' •'' % ' y - • ,>j|T(»we efi5nuu 9a fta>f* -k >’..,*• ‘vv-rM^T;. . imippwf tx^K 1' ‘-. ./•*.’• r o-;:/*,/?'• sMA>tt p<^t1 __ f pwt5^ h<w* jApOITW PMt» V»WTt. ceQ*/k aip»*JH leiA^rT- N6*MHltjUE'»T OwUft EJ^VATI^M __gcAu»it*»i'o* • • • • r •WAit tit& VH kx eK)>TiUU ueA. Uofm< gLtVATIOKl _ *■•'■V ^otic hKO\\\'\^'\<i^ >1-^1-^& ,:. t -V • gMitf Hi ; 4^s?!S iM,' 2, 9c^‘ rtw'i'wv mtff M \«<5Bs»J& V«iJW*<3- t»ot.Ti*fc» pes< W- g ’t^HMiiT i /AasoaATg» Al^^Hl'TK/Te ’ ^-is-ie? # 9 9 8 0ff ^ ^ ^ COUNCIL MSETINQ REQUEST FOR COUNCIL ACTION •API? . 'pEtP HitAMflift FLA kJ -2//8/7S JUL 13 i998 CITYOFORONQ Department APP*'®''®** Name Michael P. GafTron Title Senior Planning Coordinator Administrator Reviewed: DATE: July 8,1998 ITEM NO.: g Agenda Section: Zoning Item Description:1998 Joint Use Dock Licenses: Big Island, Inc. Big Island Veterans Camp Bohn's Point/North Shore Homeowners Carlson/Gage/Nelson Forest Arms Homeowners Association Foxhill Homeowners Association Minnetonka Power Squadron Pheasant Lawn Homeowners Association Sandy Beach Place Walters Port Maintenance & Improvement Association List of Exhibits A - City Map of Joint Dock Locations B -.Resolutions C - 1998 Applications These ten renewal joint use dock license applications each exhibit either no changes or only minor changes from previous licenses. The City has received no complaints on any of these tenjomt use dock operations. The applications with minor changes include: ,• u*i , rarlsnn/Nelson/Gaee - Reducing from 9 designated slips to 8, with some slips slightly increasing in size (see LMCD memo) ... . c a Rio Riand Vets Camp - adding one dock for transient use, resulting in an increase ^ permanent and 5 transient slips to 4 permanent and 6 transient. The property has ample lake frontage to accomodate this slight increase, and this is still within parameters for their current CUP approval for camp use. Staff recommends approval of 1998 joint use dock licenses for each of these ten applicants. Status of Other Joint Use Docks Vi.-inria r-states I tnmi-mvners Association did not submit a license request for 1998 (nor for_l_997, it turns out) and has been sent a letter requesting an immediate application be submitted for 97-98. 1998 Joint Use Dock Licenses July 8,1998 Page 2 M,v»rrp rnve Homeo%vnetsj4ssa£ia!iiai is intending to revert to the Kelly Cove H»nie<)™ers Assocbtion and reduce to 4 slip! in a separate application being reviewed by Council on July 13. A joint use dock located on Fagemess Point since the early subdivision of Maplevate Inlet was identified some years ago as requiring a jomt use dock license, and staff will be following this up in order to gain compliance. COUNCIL ACTION REQUESTED; Adopt the ten attached resolutions granting joint use dock licenses for 1998 to each of the applicants. Proposed Mojmn: s,aff,oli's4 “oimleLk licenses lo Big iLd Inc Big ii^;d^eransCamp.Bo.ms« “cl^rrrrs™ sandy Beach Place, mid Walters Pod ~ and Improvement Association for the period of January 1,1998 to December 31,199 . Vote:_____ayes,______nays. RESOLUTION DIRECTING STAFF TO ISSUE JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1998 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of tlie DNR, LMCD, and the City of Orono regulate the prope^ rights of the riparian owners both as to residential owTiers and the commercial marina owners to tlie extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be eommercial marinas or residential owners, 9 • WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable puiposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. 'fhis mutual right of enjo>Tnent which is shared by riparian ouTiers and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and , . ,, WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited ripanan rights; and ! f Page 1 of2 WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of July, 1998. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13 th day of July, 1998 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 . 1 r ' CITY OF ORONO EXHIBIT A RESOLUTION NO. rONniTTONS OF TSSI lANCR FOR ANNUAL- JOINT USE POCK LICENSE I. LICENSEE: Big Island, Inc. Dock Address: Big Island, Record Lots #12 and 19 (520/530 Big Island) Agent: Brian Tichy (Treasurer) Address: 1471 Lake Lucy Road, Excelsior, MN 55331 Licensee is:unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group XX incorporated club or recreation group other ____________________ i License Period - January 1, 1998 to December 31,1998 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY T.ower Lake ♦Per Resolution No. 3006, occasional overnight camping allowed. Exhibit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. 111. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Licensee shall comply with all requirements of City of Orono Resolution No. 3006. 2.The maximum allowed boat density per Resolution No. 3006 is 15 total slips. Any increase above this number of slips shall be subject to licensee first obtaining Conditional Use Permit approval from the City. The number of slips licensed for the current license period is 14_. V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or 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. VI.STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock flotation material has been, banned per Ordinance No. 104, Second Scries. ■ ' I /^GRE/^GE,. SURVEY Bio \s\and, mc.I-OK • «• •.• • .• * • ••• ••• • • A^v/ . •’• • • tAKt uniiiETOino. •‘•7 H* • . ~t.\... . :\ **.• • ’ •f •• « I '•• r \ K, • ’ V c- . . • * . •ji /II.** Araa k • 3.A0 ocfes tn.0 n » 20g ---2— total * 5.A6 KfPn C * 2.00flcfei. total * 7.46 ' fa;. 4 i ,c’ • • • • • I • • • • » • * • * ^ •5 •“ . • • fft****** —!••• •• •. • f: • *1,•• • • 1,60b .* ■1 t1••1 1 •*•-•• ^ . .•••»• _____________________ •* • • • • I t- ♦ (XII OocKs e^QiiBiT' ^ tZe^Ol-UTlO/^ AiO, V«cK d) V^;l bm iiiiiiiliM D^Kii. ^fi"ioU> 5uii* 6S' SuaXfw/kL Okt't <v*,4‘h t f ts' 7 5L «»'<_ l^ocK. 1 . 1 Z^ocVth Roll’ A - 32."!^ VH'' SU^ t i» CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19^ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 12. 1998 Date Application Returned to City ^ V ^9 ^ Fee Received $ ________ Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lake.shore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) • Lake/^/ /__________Bay2. 3.Person responsible for this application: Name ^TT cHY____ Phone - < Mailing Address /V?/ ) Relationship to association __________________________________ 4.Association is (check applicable items): ____ unincorporated homeowner's group. ____ incorporated Homeowner’s Association. ____ unincorporated club or recreation group. incorporated r*ub or recreation group. Page 1 of 5 -------- ! 5. 6. 7. 9. Principal purpose of joint use dock is (check applicable items): ____ provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ^ provide a club or association gathering place for activities Dock is located on (check applicable item): ____ one member's private property. ____ easement or outlot owned in common. ____ property leased by the group/association. ^ property owned by the group/association. List Dock location and ownership information: Street address ^oTS 12^'^ ^ ^ Legal property description //JAj tA__________________ PiD/5^ ______________________________________________ 1 Listed property owner(s) ^^c^cs/a^j SS‘I 7 Names of abutting lakeshore property owners: (NorthAVesfi (Name + Address) fSouth/EasO /J/A _____________ (Name + Address) Names of other affected property owners: ________________________ (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: ____ property owner's homeowner's policy. >< separate group/association owned policy. List the following information: Name of insured Name of insurance carrier Name of insurance agency •___________ Policy No. ^-‘2^^'^- Effective date of cr /erage Amount of coverage: Public liability, per person, per occurrence $ /. QO^ Public liability, per occurrence $ /» Page 2 of 5 I 10.Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____ security lighting ____ property owner's presence contract security service ^ other (sp>ecify) CO/?/^o<4^‘Z4/^ Puoi DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: _________ft. Length of main dock from shore: Dock setbacks from side property lines at shore: _________ ft. and ft. ft. 12. Dock Construction (check applicable items): ✓K seasonal dock (relocated or replaced each year) ____ permanent piling with seasonal deck ____permanent piling and decking >< wooden decking 13. List Dock Accessories: metal decking Number of fire extinguishers available at the dock / a-t Number of life preservers available at the dock _______________ 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys Permanent moorage slips Dry storage (rack) slips Permanent moorage off-shore buoys A*xr Maximum number of boats at the dock ^ 15.List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): ___ stone rip rap ___ wood seawall ___ metal seawall ___ concrete seawall ___ grass and vegetation only /X other (specify) 17. Depth of water at shoreline:___^ ft; at 50 ft. out: _£l_; at 100 ft. out: /5" Page 3 of 5 BEQUIRED ATTACHMENTS The following must accompany this application: A. B. DOCK PLAN - AU. APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in_______(state year) and on file with the City." Applicant's initials C. INCORPORATED CT.UBS OR ASSOCIATIONS ^ 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association. 3 3 members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated unde^ the same articles of incorporation and/or by-laws as originally made or last amended state year) and on file with the City." Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) $ RENEWAL JOINT USE FEE, per year • $ PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each ^ $ LATE FEE ($25.00) if application returned after 3/1/98 $ TOTAL DUE THIS APPLICATION $ Page 4 of 5 20.00 eo OO LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City ’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date // /^/*?^ 0;/C ’4/'33 .-a/ £■!'. CO City of Orono r.Q. £3 Crystal Eav, KN 553£3 (61c'i 473-7357 C’E/24/93 13:13:17 C'iscohier: N0i.’E license - OTHER BUS. I ij 20.00 20.00 BIS ISlfiND JNT I'SE DOCK LICENS I C" 0.00 0.00 SOoTuTfiL rr.M TOTfiL 5RLE Chack Recsivsd Page 5 of 5 20.00 0.00 20.00 20. <» DihiSGE 0.00 CLERk># 03 TRSN'Sit 6135 « • • • •• • • •• • • • •. . . . . . . . . •• • . . . . . . . . . . . . . . . . . . . . . ".t* • •‘•rv.r’* ' • • • ••• • • • * .V*.,** • • • • •• •*, • * * * • • * *1** • • 1’ * « •• • • • •• • • • • «T • • • ••• •* ••• ••••,••• • • «• .•••■••* ** , ■ «t. ••••«•:.*... .* -.c « ...v,;-i.• •• •• m «»• • resolution #13006 EXHIBIT A All that part of Lot 1, Rearrangement of Lot 1, Kitchel's Subdivision of Government Lots 5 and 6 in Section 22, Township 117, Range 23, Hennepin County, Minnesota lying southwesterly of a line running from the northwesterly most corner of Lot 7, said Rearrangement of Lot 1, Kitchel's Subdivision, to the midpoint of the northwesterly line of said Lot 1, said Rearrangement of Lot 1, Kitchel's Subdivision, and also all*of Lots 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Rearrangement of Lot 1, Kitchel's Subdivision of Government Lots 5 and 6, Section 22, Township 117, Range 23, Hennepin County, Minnesota. Lots 2, 3, 4, 5 and that part of Lot 1, lying Northeasterly of a line running from the most Northwesterly corner of Lot 7 to the midpoint of the Northwesterly line of said Lot 1 , all in Rearrangement of Lot 1, Kitchel's Subdivision in Government Lots 5 and 6 in Sec. 22, T. 117, R. 23, according to the recorded plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. •••••• r • • 'M- exhibit B ALL CORPORATION OITICERS NAMES. MAILING ADDRESSES AND TITLES Linda Bean. President. P.O. Box 188. Excelsior. MN 55331 Joe Quinn. Vice President. P.O. Box 188. Excelsior. MN 55331 Brian Tichy. Treasurer. P.O. Box 188. Excelsior, MN 55331 Mark SchoUe, Secretary, P.O. Box 188, ExceUior, MN 55331 ‘ e;-fi o • \%•o o \I > b li y P«-^<»V«.S ^z.y.4- 7 2.7* /72f\ov^ 5>^UCrf- £‘/^y»i.»n 2*27 yvi ’-•» — ^/«,c. 5^<»c4- A ro' [13') R£CblVbu JUM 31992 L.M.C.O. VIk “^5■vl C^lA < o*” ' 1 r • • • p ^ ^ 5l V #3.4.6 & 8 arfi ■\e RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BOARD OF GOVERNORS, BIG ISLAND VETERAN ’S CAMP SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1998 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Mirmesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, tlie regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNP. and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; W'HEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of2 WHEREAS the City has adopted reasonable regulations regarding the construction and me of and described on Exhibit A attached. directs the Mrkw thfrffor E be it RESOLVED, that the City Council of the City of Orono hereby StaffSe a Joint Use DoJk License according to the facts and conditions noted on Exhtb.t A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of July, 1998. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT IJSF. nOCK UCF.NSR I. LICENSEE: Big Island Veteran's Camp Board of Governors Dock Address: Big Island - Record Lot #1-100 Big Island Agent: Clint Bucher, Secretary Address: Box 598, Excelsior, MN 55331 Licensee is: Statutory boaid/club or recreation group License Period - January 1, 1998 to December 31,1998 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Lower Main Lake Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license JIL 16 MAXIMUM BOAT DENSITY, 1998 JL. (14 slips, 2 buoys under previous license) iOiiaaaitiisuuiauuMMSiUiiauu&uHU ■XI I Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono ^i.^*.?jc.p^l Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to lull compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.Based on the 5 cabins and 25 tent-camping sites approved by City of Orono Resolution #2802, 10 slips are approved for the 1998 season per your application. 2.Future requests for additional slips will be subject to City Council approval and shall be reviewed and considered in relation to the concurrent level of allowed camp activity. 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. >«»• ••• •0mm •••• • • 5c.olc * ‘Dde.K . . * . j 1 , -/•jjXf •-0* —#*»‘**-»*.t(5) TJb«.h S'f<u.c.lu*tci, gXHI&IT"E-l (5) Peek a/aA/f — /J®"^taU C ^ I^OLPi.r/0^ UirXf fc-»C 4/f 3 @ /Oo <l<■Ctc^<< A/cjltb#rt.». ptpxi in&i-‘"') r^ ../'fX ■7- <s) R I'ti Ts{^L£!3 *5;it RECfciVSO DEC 2 3 1986 U.M.C.D. fVil - ^J> /f CiH-t'- #1 €i" ................ • t • ; • *•» V* i . •-v jO LoSCL^ fK Big Island Vslerans Camp • • *D . ^cS • *: r=20'to t,\L. \ 9 • dec 1G 1992 t •■" C.D. veteran 'S'BAY r5"per A 'T® 5 THANyl/ /qq^ jCjcn DOCK.' T 5 L A N P D J V£T£R)^H5 1 ,d fuTUK£ 5c<t Ic- 20’ 3/i ,^UARe.UKl& S H A 8 • • •!•« • • m+Vx 4 S+OVAJ< UjA.ts ^ . C^VoM U Unt ' t UiiU 4 "V- p-a •■«.i 4®fP 4. *«J ■ Lew 1 ;/■ ao-if'o’ Uvit'' “'■'" ’■" ■*‘^rrr" .i' .i«p + iUa) \ \ \ .N V P4VW>p.v«<>t+ *%il. I ; • » iWb 10 o , /o tijsu^er sme.iT ri 'fi.esoL. Aio. Big Island Vsterans Camp • . • • V .« ) \/£T e(^AM' ^ (3A m- ^ 1 ^ 7>e4A>y V/’erUM. ' f* ^ TTSAMs yy pe^AAj * 4 i ••Ia1f»• r. AU CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19^ N I'V . . •> ANrNTTTAT. JOINT USE DOCK T.ICRNSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff Date Application Returned to City Fee Received $ mb By Employee Section 5 42 Subdivision 2. T TrF.NSF, REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first havmg obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION Association title or name (if any) Lake 1 6i6 CA/Vfp Person responsible for this application: >•1 '• L 11 /-i . - ji I —▼ —' — ” __________________________ gay vjc 7<!5/^Aa/5 ^ AY Name (l\vvN-V _____Phone ” ______ M»ilin7Address B 0 ftuV ^ l?Matinnship to association GC _________^— Association is (check applicable items): unincorporated homeowner ’s group. ____ incorporated Homeowner ’s Association. unincorporated club or recreation group, incorporated club or recreation group. Page 1 of 5 5. \c i 6. 9. Principal purpose of joint use dock is (check applicable items): ------- provide boat mooring and lake access for residential property. ------- provide swimming access, beach, or offshore dock. —provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member's private property. _____ casement or outlot owned in common. ------- property leased by the group/association. —property owned by the group/association. 6rAite»-.’ List Dock location and ownership information: Street address 6J5c a — Legal property description FjlO Uk- / —/oo ^*•(1 ^piD#_ 2) doui Listed property owner(s) _ ^tC Foj^ I S u'^Cl Names of abutting lakeshore property owners: (Name + Address) fSouth/Fqst_____ (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if nece-sary) Insurance Coverage - The jointly used dock is insured by one of the followinc»- ____ property owner’s homeowner’s policy. —separate group/association owned policy. List the following information: Name of insured f>iC IS^Avp Caa^p Name of insurance carrier Name of fg^ncy ^^f^RvcA/v/ Au S Policy No.<-" i_ V / " 5 Effective date of coverage __/(- ^7 - Amount of coverage: Public liabdity, per person, per occurrence Public liability, per occurrence Page 2 of 5 10.Security and policing of the jointly used dock and property is provided by (check : applicable items): fencing ____ security lighting contract security service property owner ’s presence ^ ^ Y, other (specify) camp orv^co LoC^-feO il!> f rv>vv pnr.K INFO RMATION 11 . List Dock Use Area Specifications : Width of shoreline: 3. 6 ft. Ungth of main dock from shore: 70 Dock setbacks from side property lines at shore: ----^------- ft' “<1 ----- ft. ft. Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) ____ permanent piling with seasonal deck ------ permanent pUing and decking wooden decking ____ metal deckmg List Dock Accessories: Number of fire extinguishers available at the dock ----------—----------------------- Number of life pre ervers available at the dock ---------------------------------------- List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips <L- Transient (day use) off-shore buoys ^ Permanent moorage slips _____!t_ Dry storage (rack) slips I Maximum number of boats, w^thetek lilable for users of the joint use dock. Parking,15. List number of off-street parking spaces available for users of the joint me do*. Parking, if provided must not be separated from the dockby any public road. -----spaces. flposTON AND SEDP4F/NTATION CONTROL 16. Shoreline is protected by (check applicable items). stone rip rap ___ wood seawall _ metal seawall ----- concrete seawall grass and vegetation only Depth of water at shoreline: _ __ other (specify) A ft; at 50 ft. out: _____; at 100 ft. out:---------- Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B.UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and our Joint use dock is to be operated under the same by-laws or agreement originally made in_______(state year) and on file with the City." Applicant's initials • INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement a.-. :o the total number of members in the club or association, memh is A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and'or by-laws as originally made or last amended in________(state year) and on file with the City." Applicant's initials ANNUAL LICENSE FEE - ALL APPL.ICATIONS 9 * * Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year • PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. ^ slips ® 2.00 each LATE FEE ($25.00) if application returned after 3/1/98 20.00 9.00 > ! TOTAL DUE THIS APPLICATION $2P.C^o Page 4 of 5 LATE FEE - Renewals IS aLompJIJiedhv a rgceivgd fifter March 1 unless the appiiicatiop REVIKW PPnrrp^Tj^p ‘’y City Council Commutee. The Council will pass upon the application after coSI^lefe^”'"" for use only upon atrcTu “ r “ «.-ts the Orono City of Orono and the City's emolovees and ao^ PP^*cation, and agrees and authorizes the time to perform safety and code compliance ins^tfoi^ ’’"’^'"5' reasonable Signed ^ UvCk — Date 2 - 7- <7^ City of Orcr<y P.O. Box 66 0c/£7/53 16:56:43 LICE,if - I ® O.i>0 O.C") 1 63.00 SUBTOTAL TAX TOTAL SAuE Check PELeived C.-A.N5t CLEnKi 02 TRAi*»3l 23.0 j cb. W O.CtO 23.00 23.00 0.00 6225 Page 5 of 5 I' ¥ LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied by a late fee of $25.00. REVIEW PROCRmHIF. When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UCENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the CiQr of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date Ctty of Orono P.O. Box 66 Crystal Bay, 14N 555^3 I612)473-7 jd7 02/37/58 16:38:48 CustoEer: JTUSEDOCK/BIG ISLfi)<J) VET LICENSE - OTHER BOS. 1 9 0.00 0.00 i 9 23.00 28.00 SUBTOTALTfiX TOTAL SALE Check Received 28. OC O.CO 28.00 28.00 CHANbE 0.00 CLERK* 02 TRANS*6225 Page 5 of 5 : I«1%00 iit>ocd A 1 r’ s S A * «•»* ■H i 1 S !.:Sis r«%w M M ta V 3 w V 3 ‘ 8 t 9 H i‘} I i>li r ^ fr Fi - f4^QM i &I i ^ Wf NtnIPI ?.s7i//' .^//i 1 I im fmM i-'f/:'if./i f I 5 m I I T:- *»* X P*Li D I I I I i ! ilMi^i8 * - 2 = g ? ■» 3 5 iiiiinilI 8 la * «i e* N (b 10 o /o loSCL, tr Big Island Veterans Camp ba V ■ » V L I a* Mmm #»4e.i RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 3i55 NORTH SHORE DRWE, 3185 NORTH SHORE DRIVE, AND 1406 BOHN’S POINT ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1908 TO DECEMBER 31,1998 WHEREAS, the City of Orono, heieinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Miimesota; and WHEREAS, the regulation of the navigable waters in^'olves 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 ;ights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their p'operty. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public v. alers by protecting against interference by anyone, including those Avho assert the cornmonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The on:, 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 l‘iat the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 r Tins mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshorc and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of July, 1998. ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1998 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 r CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I.LICENSEE: Property ovvnersof 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn's Point Road Dock Address: 3155 North Shore Drive Agent: Emily Chapman Address: 1406 Bohn's Point Road, Wayzata, MN 55391 Licensee is: XX unincorporated homeowner's group ___incorporated homeowner's association ____unincorporated club or recreation group ____incorporated club or recreation group other II. License Period - January 1, 1998 to December 31,1998 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Crystal Authorized Boat Density per attached plan: Bay __ Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY 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. r Exhibit A Resolution No. Page 2 III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shot™ Any changes in this layout shall be subject to prior review and approval of the City Counc . IV SPECIAL CONDITIONS requited for compliance with the ordinance of the City mi/ot the LMCD ?^e Ll^nhis license's subject to full compliance with these “nchhons- F-l«re to comW with these conditions is cause for iicense revocation and/or prosecution by the City. V. This license is granted subject to the findings and conditions set forth in Resolution #1212 of the City council, summarized as follows; The three properties to which this Joint Use Dock License is granted are described as follows: i)(VID #09-117-23 33 0001) "That part of Gov't Lot 1 lying East of the West ii) rp I D #09-117-23 33 0015) "Tract 1 and the West 28.5 feel of Tract H, Registered Land Survey No. 269" (1406 Bohn's Point Road - Lindahl) iii) (P.I.D. #09-117-23 33 0016) "Tract G and that part the West 28.5 feet thereof. Registered Land Survey No. 269 (318 Shore Drive - Aanestad) There shall be only one dock allowed on the Mandel lot (P.I.D. 09-117-23 33 0001) SI shTX no greater than 100 feet in length, and which dock must be constructed in accordance with all applicable Chy and ^M^D ordin^ ^d wbch dock is intended to serve only the owners and their successors of the 3 properties described in a) above. The three walcrcratl allowed may be owned only by the owners of the properties described in a) above. Nothing in this license shali confer upon any person fm ^ris vested right to use shall remain subjeet to such ;:ruladon"; aiTordin^es as the City and other com,Ktcnt regulatory authorities shall deem necessary from time to time in the public interest. CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 RECZiVSD mar 6 CITY OF GF.OiMO LICENSE YEAR 19_fi^ AMMTTAT. TOINT USE DO^IC LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff Date Application Returned to City Fee Received $ ________-By Employee tsrl'ss at;ssasa" “i. M w i«.~» i>w™> '«“■ a license therefor from the City. ATTACHMENTS, AND LICENSE APPLICA 1 OF THE LICENSE YEAR. ARSnCIATjnN information 1. Association title or name (if any) 2. Lake --------Bay Person responsible for this application; hlame Mailing Address Phone .. -^i^uiKL Relationship to association —Ld^Ltr:. Association is (check applicable items). unincorporated homeowner s group, incorporated Homeowner ’s Association, unincorporated club or recreation group, incorporated club or recreation group. Page 1 of 5 5. 6. 7. 9. Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Dock is located on (check applicable item): ^ one member’s private property. ___easem 'nt or outlot owned in common. ____ property leased by the group/association. ___ property owned by the group/association. List Dock location and ownership information: Street address 3)^^ Legal propel ty description_____ P I D # //->.. '2A- as- / Listed property owner(s) 8. Names of abutting lakeshore property owners: gj^/Wesfi = ^ (Name + Address) /^'tii/East> (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - Tbe jointly used dock iS insured by one of the following: property owner’s homeowner’s policy, separate group/association owned policy. List the following information: Name of insured u------------------------------ Name of insurance carrier ^ ------------------------—---------.V*-- Name of insurance agency (7di\~n<-3J3l _ Policy No. Effective date of coverage _ Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ .Kbo. c>o£> ±_ Page 2 of 5 Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing ____ security lighting property owner’s presence contract security service ____other (specify) DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: ____/•g»6 ft. Length of main dock from shore: <63 3B Dock setbacks from side property lines at shore: ft. and Dock Construction (check applicable items):12. 14. 15. seasonal dock (relocated or replaced each year) __ permanent piling with seasonal deck ____ permanent pUing and decking metal deckingxX wooden decking List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips______Transient (day use) off-shore buoys ------------- Permanent moorage slips .3_____ Permanent moorage off-shore buoys -------- Dry storage (rack) slips__________Maximum number of boats at the dock---------- List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. __ spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap ___ wood seawall ___ metal seawall concrete seawall grass and vegetation only ____other (specify) 17. Depth of water at shoreline: 0 ft; at 50 ft. out: 100 —2_ Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. D. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. UNINCORPORATED GROUPS OR ASSOCIATION^ 1. A list of the names and mailing addresses of all members and/or slip users.^ 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement. "This is a renewal application and our joint use dock is to be operated under the^same by-laws or agreement originally made in Qn (state year) and on file with the City." Applicant’s initials INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers 2. A statement as to the total number of members in the club or association. members 3 A certified copy of the articles of incorporation and by-laws of the corporation. Note* These copies are not required if the applicant initials and certifies the following state^nt: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in-----------(state year) and . •' file with the City." Applicant’s initials ANNUAL IICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy slips @ 2.00 each TOTAL DUE THIS APPLICATION 20.00 $ $‘lU-CO bt>!U Page 4 of 5 TATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. [Qie City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00^ REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marma Committee. The Council will pass upon the application after complete review. IrfE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UCENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonab e time to perform safety and code compliance inspections. Signed Date City c' 0 ?.0'. 00 . Cf*y5t3l Bsy't •»* Cdstcf ’.S;'! JTC5IiCCK/CH.'’iP>iHl< LlCtrlSE - OTHER E05. . 1 C> '••w I 0 'ioBTClHL 7flX_ TOTn'_ Sr.LO CHecf. Rsceivs-: ChR'.EE li j. Vv » r*t“ 0.00 . (-AV • EG. 00 0.00 C&.0-0 EB. 00 Page 5 of 5 > RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONK a WA road , 500 TONKAWA ROAD AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1998 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Miimesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public he. 1th, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners, WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable puiposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of2 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of Ae limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of July, 1998. ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1998 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONOEXHIBIT A RESOLUTION NO.CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Property owners of 460, 500 and 550 Tonkavva Road Dock Address: 500 Tonkawa Road Agent: % Dr;i\na Snyder, Carlson Companies Address: Carls* ..* Parkway, P.O. Box 59159, Minneapolis, MN 55459-8215 Licensee is:unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other not applicable_____ Licen.sc Period - January 1,1998 to December 31,1998 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Stubbs Bay Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. r Exhibit A Resolution No. Page 2 III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The nine approved slips are for the exclusive private use of the property owners at 460 Tonkawa Road (Mr. and Mrs. Edwin C. Gage), 500 Tonkawa Road (Dr. Glen and Marilyn Nelson) and 550 Tonkawa Road (Mr. and Mrs. Curtis L. Carlson). V.Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. • » ,♦ • •• •• •f•«• • • • Dr. Glen Nelson 500 Tonkawa Rd Nayza'Ca HN-55391 • *- /^;£XOU»A.-r10«*^ t^O. HidCXiV%.ll ocr (G3Z CJX • C- 11-25-1997 09!25 612 473 7033 LMCD P.02 ( Dr. Cl«a Mtlion 500 TenVava ftd Long Lake MN 55356 City of Orcno Propose Plan STUBBS BAY - C ' feOL. A>'5. •i I CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19^ ANNUAL JOINT USE DOCK ITCENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 12. IQO?: S cOm Q. 4^ Date Application Returned to City 2^^ I ^ Fee Received $ ~~Z________ By Employee S^tion 5.42, Subdivision 2. UCENSE REQIffRFD - It is unlawful for any (group or association of j^rsons or families, more than two in number, whether incorporated or not) to engage or SSSrom die City lakeshore property) without first having obtained a license PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION RFOTiTRFn f application fee to the city CLERk BYM^ associati on INFORMAT^njsf 1 . Association title or name (if any) Carlson, Nelson and Cage Families_________ ----Mmnetpnka Bay Stubbs__________ Person responsible for this application: Name Donna D. Snyder _____Phone •' 540-8023 MaUmgAddress_Tonkawa, Inc., Carlson Parkway. PQ Box 59159. Mnk. mm Relationship to association Executive Vice President S General Manager 55459-8215 Association is (check applicable items): - unincorporated homeowner’s group. ____ incorporated Homeowner's Association. ____ unincorporated club or recreation group. ____ incorporated club or recreation group. — NA not applicable Page 1 of 5 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): X provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check applicable item): X one member's private property. ____ easement or outlot owned in common. ____ property leased by the group/association. ____ property owned by the group/association. List Dock location and ownership information: Street address 500 Tonkawa Road Legal property description NW 1/4 - SW 1/4, Section 5. Township 117. Range 23 PID# ___________________________________________________________ Listed property owner(s) Dr. Glen D. and Marilyn C. Nelson _______________ Names of abutting lakeshore property owners: fNorth/WesQMr. S Mrs. Edwin C. Gage. 460 Tonkawa Road. Long Lake. MN 55356 (Name + Address) (South/East>Mr. S Mrs. Curtis L. Carlson. 550 Tonkawa Rd.. Long Lake, MN 55356 (Name + Address) Names of other affected property owners: ________________________None ___________________________________________ (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: ____ property owner's homeowner's policy. ____ separate group/association owned policy. List the following information: Name of insured Dr. Glen D. e Marilyn C. Nelson ______ Name of insurance carrier The American Insurance Co.__________ Name of insurance agency Harris Homeyer Co., Edina, MN 55424 Policy No. NZA1319205_______ Effective date of coverage 6/31/94 Amount of coverage; Public liability, per person, per occurrence $______ Public liability, per occurrence $______ Page 2 of 5 10. Security and policing of the jointly used dock and property is provided by (check . applicable items): ____ fencing x security lighting x property owner's presence contract security service other (specify) Note: Dr. Nelson's shoreline Is 396'; the combined shoreline, adding Carlson's 6 Gage's is 1,242'. DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: 296* ft. Length of main dock from shore: 95'____ft. Dock setbacks from side property lines at shore: _________ ft. and _________ ft. 12. Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) ____ permanent piling with seasonal deck ____ permanent piling and decking X wooden decking ____ metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dockthe boats are equipped with extinguishers Number of life preservers available at the dock the boats S storage shed contain adequate preservers 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips __8 Permanent moorage slips_____^ Dry storage (rack) slips ______0 Transient (day use) off-shore buoys 0 Permanent moorage off-shore buoys o Maximum number of boats at the dock ^ 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. _______ spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): ___ stone rip rap ___ wood seawall ___ metal seawall ___ concrete seawall X grass and vegetation only other (specify) 17. Depth of water at shoreline: “1ft; at 50 ft. out: 6* ; at 100 ft. out: ^8* Page 3 of 5 I REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. D. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. TTNTNrORPQRATF.n GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: Tbis copy is not required if the applicant initials and certifies the following statement. This is a renewal application and our Joint use dock is to be operated under the same by-laws or agreement originally made in_______(state year) and on file with the City. __________ Applicant's initials TNrORPORATF.D CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. ____ members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note; These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in----^-------(state year) and on file with the Ciry." Applicant's initials ANNUAL LTCF.NSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) $ RENEWAL JOINT USE FEE, per year $ pT T IS ST TP FEE for each permanent moorage slip, lift, dry stack, or buoy. 8 slips @ 2.00 each $ LATE FEE ($25.00) if application returned after 3/1/98 $ 20.00 16.00 TOTAL DUE THIS APPLICATION $36.00 Page 4 of 5 T.ATE FEE - Renewals App'^cation for renewal of licenses shall *'l«r*e'ao^Uc^ accompanied hv a late fee of $25.QQj PRYTF.W PROCEDURE When a complete application is received, the application will he reviewed by the City <^uncil and "n the cL of «w or unusual applications, also by the Planning Cotnnusston and Martna Committee. The CouncU will pass upon the application after complete review. the subject dock may be installed and /or opened for use only upon APPROVAL OF THE LICENSE BY THE CfTY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, amd agrees and authorizes the av of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety jmd code compliance inspections Signed Date 1/21/98 Dr. Clen'D. Nelson or'Marilyn C. Nelson City of Orono P.O. Bo.< £6 Crystal Bay, 552/;3 (612/473-7357 02/13/96 17:00:50 Cijstotusr: NOfE LICENSE - OTHER BUS.I C* 56.00 36.00 CARLSON,NELSON,CAGE JT USE LIC 1 § 0.00 0.00 SUBTOTAL TAX TOTAL SALE Chec!< Received 36.00 0.00 36.00 36.00 o;anl-e 0.00 CLERK# 03 TRANS# 6126 >’age 5 of 5 11-25-1997 09:25 612 473 7033 LMCD Dr* 61«n Ntlton SOO tonkiva Kd Long Ltlce MM 55356 City of Orono Propostd STUBBS BAY P.02 PUBLIC HEARING. LAKE MINNETONKA CONSERVATION DISTRICT January 22,1998 TO: FROM: Board of Directors Nancy J. Randall Admi nistrative^cfinicij SUBJECT: New Multiple Dock License Application - Dr. Glen Nelson BACKGROUND Dr. Glen Nelson has submitted a new multiple dock license application to make chaiiges to their conforming multiple dock on Stubbs Bays in the City of Orono. The applicant has proposed changes to enlarge slip #6, to eliminate slip #3, and to relocate slips #7 and #8 to new locations. # The multiple dock license was initially approved for nine Boat Storage Units (BSU) on 1,242 of combined shoreline. The maximum number of BSU’s that can be approved for this multiple dock are 25. Slips #7-9 were initially approved to store three water bikes. The applicant proposes to convert these three BSU’s to two and relocate them to store larger boats. DISCUSSION LMCD Code Section 2.03, Subd. 7 states a new license needs to be issued when any change in slip size, ownership, length, width, height, type of watercraft, location of a structure or launching ramp Is proposed. This was not considered a minor change due to the proposed increase in slip size, and change in the type of watercraft. Staff has evaluated the proposed changes to the applicant’s structure. The proposed changes would include: • A decrease in the total number of BSU’s from nine to eight. • An increase in the slip size in the following slips: > Slip 6 from 8’X18’to 15’6" X18' > Slip 7 from 2* 8" X10’to 10'X16’. > Slip 8 from 2' 8" x 10’ to 8’ 3" x 32 ’ > Slip 9 from 2 ’ 8" x 10’ to (eliminated) • The proposed dock would meet LMCD Code requirements for side setbacks and would not extend beyond 100’ in length. RECOMMENDATION Staff recommends the Board approve tho proposed new multiple dock license, subject to the applicant securing approval from the DNR, the City of Orono, and any other governmental jurisdictions. These jurisdictions were copied on this application on 1/13/98, in compliance with MN DNR General Permit 97-6098, with comments due within 14 days. C:\My Documents\Lctlcn-meinos\Nelson Dock, doc RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1998 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members ol the public within the City, and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of *e State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public ngMs and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare, and WHEREAS, the regulaUons of the DNR, LMCD, and the City of Orono regulate the pto[Krty rights of the riparian owners both as to residenUal owners and the commercial marina ownere to the extent pro '‘‘"8 interference with the public waters adjoining their property. The LMCD, DNR and CiV trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial mannas or residential owne , WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake The only additional private right that any riparian owner may have over the public generally is to ^ to the navigable depth of the public waters. There can be no dispute but that the public generally and each npanan “IrTL^Mtalnka hL the right to use the entire surface area of Lake for aU in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes ^“tb^ benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to thes rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of July, 1998. ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Clerk • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instriunent was acknowledged before me on this 13 th day of July, 1998 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instmment was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OELISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Forest Arms Country Club Addition Homeowners Association, Inc. Dock Address: 4245 Forest Lake Drive Agent: Jerry LeMire Address: 4205 Forest Lake Drive, Mound, MN 55364 Licensee is:unincorporated homeowner's group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group __ other License Period - January' 1,1998 to December 31,1998 II.BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibits B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Forest Lake 0 Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY 4, same J1 Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B and C. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. will permit a ma.ximum of 14 slips. The City will approve 14 slips for this license year based on the number of developed interior lots within the subject plat. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. -<—30' -r—30 /r- Y -V-----2 ^ 1 1 ---------------------- 1-- LOT as ^ ^ 1 1 (101 u' X 32' Silts 2-11 UV U-.X.21- Slits V to APR 2 71993 TSHORElli^Ejs^^r^-^-}^ RliO£jV5D f tb 2 4 1998 CITY OF OlffSftf ^ OR0.\o P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19M ANNUAL JOINT USE DOCKXICTNSE APPlJCATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 12. 1998 Date Application Returned to City 9 S________ Fee Received $ __________ By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS. AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION ^ 1. Association title or name (if any) Hry{JiJ^\OKkv^ /Lu __________Bay______________________2. 3. Lake 4. Person responsible for this application; Name Phone M ^ ^ ^ ^ Mailing Address ' UC/di^ Relationship to association_____ Association is (check applicable items): ____ unincorporated homeowner's group. XT incorporated Homeowner's Association. ___ unincorporated club or recreation group. ___ incorporated club or recreation group. Page 1 of 5 CO<r cry in 1 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): y. provide boat mooring and lake access for residential property. y provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member's private property. ____ easement or outlot owned in common. ____ property leased by the group/association. y property owned by the group/association List Dock location and ownership mformation: Street address _____ Legal property description PID# _________ !tZ Listed property owner(s) Names of abutting lakeshore property owners: fNorth/West) Name Ucl)ir f'Snuth/East) (Nanle + Address) (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy. separate group/association owned policy. List the following information: ^ Name of insured ^aaaau. Name of insurance carrier_____________________________________ dS Name of insurance agency Policy No. ___________Effective date of coverage Amount of coverage; Public liability, per person, per occurrence $ Public liability, per occurrence $ Page 2 of 5 _J ity and policing of the jointly used dock and property is provided by (check ;able items): fencing security lighting property owner's presence contract security service ____ other (specify)--------------------------------- IT^MATION )ock Use Area Specifications: i of shoreline: '7^7-0 ft. Length of main dock from shore: -----ft- setbacks from side property lines at shore: %0__ ft. and ----— ft. Construction (check applicable items): seasonal dock (relocated or replaced each year) permanent piling with seasonal deck ____ permanent piling and decking wooden decking ____ metal decking )ock Accessories: >er of fire extinguishers available at the dock I *~j ler of life preservers available at the dock iCiic It A,y\L lumber of slips in each category ("slips" includes boat lifts): ient (day use only) slips ______ Transient (day use) off-: .^le buoys --------- anent moorage slips_________ Permanent moorage off-shore buoys -------- torage (rack) slips __________ Maximum number of boats at the dock _Jjzfr lumber of off-street parking spaces available for users of the joint use dock. Parking, .vided must not be separated from the dock by any public road. ----- spaces. ATsm skdtmfntation control dine is protected by (check applicable items): stone rip rap wood seawall ___ metal seawall ___ concrete seawall grass and vegetation only ^ other (specify) __/'>i A C. h of water at shoreline: \ ft; at 50 ft. out: ft- Page 3 of 5 i i required attachments The following must accompany this application: a DT AM - at 1 APPt ICATIONS ^ A dock plan, drawn w scale "showing the shoreline width of this proper^ the side property lines and the location, layout and dimensions of all docks, slips Off-Let parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B tTNTTNrnRPOT^ATED GROTTPS OR ASSOCIATION.S 1 . A list of the names and mailing addresses of all members and/or slip users. C. D. 2.A certified copy of the by-laws or agreement for joint use. Note- This copy F/nnt required if the applicant initials and certifies the followmg statement: This is a renewal ap^plication and our joint use dock is to be operated under the same by-laws or agreement originaljy made in , » (state year) and on file with the City. Applicant's initials titles of all corporation officers. 2. 3. A statement as to the total number of members in the club or association, members A certified copy of the articles of incorporation and by-laws of the corporation. No^e^These copies are pnt required if the applicant initials and certifies the following statement il'ZZ applic'S^ur join, use dock is lo be operated ^d» ^ incorporation and/or by-laws as originally made or last amended m ^ ±2- (state year) file with the City.” Applicant ’s initials C/ ^MNITAT. UrF.NSE FEE- - AT.T. APPUCATIOM^ Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) S RENEWAL JOINT USE FEE. per year • 5 RT T !<; ST TP FEE for each permanent moorage slip, lift, dry stack, or buoy. _7V__ slips @ 2.00 each $ LATE FEE ($25.00) if application returned after 3/l/y8 20.00 TOTAL DUE THIS APPLICATION $(9d_ Page 4 of 5 '•.K / T .ATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. Ih£ ritv shall not accept renewal license applications received aftet March 1 tilllgSS th? appligatlOfl is accompanied bv a late fee of $25.00.. RF.VTFAV PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marma Conunittee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON approval of the license by the city council . Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Date I ivy of jrorjj P.U. am • — trtr****^ (6l2)472-7.;.^ 02/25/33 13:31:49 C':stcr.e:':LICENSE “ OTHEr. ELS.I 49.00 4<j.UU FOREST fiRfiS’HG^'ECWtRS JNT USE I e 0.00 0.00 a^BTOThL Tft)t TOTAL SALE Cneck Rsceived 46.00 0.00 48, CO 43. CO OBNGE 0- ^ CLESKt 03 TRANS* 6197 Page 5 of 5 J RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1998 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unr<’.»ulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian o^vners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between aiid is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 r WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited npanan rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Mumcipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of July, 1998. Gabriel Jabbour, Mayor ATTEST; Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 1998 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNIJAT. JOINT USE DOCK MCF.NSF I. LICENSEE: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: RayZitzloff Address: 1160 Heritage Lane, Wayzata, MN 55391 Licensee is:unincorporated homeowner's group X- incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group __ other License Period - January 1,1998 to December 31,1998 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 willi Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Smith's 8 8 J1 Exhibit A' Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5 42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B-1 and B-2. Any changes in this layout shall be subject to prior review and approval of the City Council. ^ IV. SPECIAL CONDITIONS required for compliance >vith the ordinance of the City and/or the LMCD. TTie issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The maximum number of slips or moorings to be licensed in the ftiture shall not exceed 16 provided that for any given year, the license shall be issued for no more than 1 boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June, 1979. 2. Winter storage of dock parts and sections shall be permitted on Outlot #1 between the time the dock is removed from the lake in the fall and June 1st of the following year. 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. • «• • f .resolution cvr C*t 1319 r •. # •« 4 o O I •jnvHILL ^IIlX ;l(, tosti^ ■\1 \ X. 1 Granting J^c^to^this doc^.- "n/Sontinuing approval ofplan and contxi ^riy l neighbor of the site pl^” , :rsi.;s?.5i 11 FOXHILL-. subject variance Order of 9/28/78. /lit -^oe'S. -<=l .F 13 •) I I i ro CD CD CJ) UJa m Q U s J r CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19^ ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 cav OF ORONO Date Form Sent by City Staff January 12. 1998 Date Application Returned to City ^3___________ Fee Received $ ____________ By Employee^^^!^^ Section 5.42, Subdivision 2. T JCHNSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) F A Lake e __________Bay Sm ^______________________2. 3. 1 Person responsible for this application: Name ______Phone ' ^C3Si - 4. Mailing Address } p Relationship to association Association is (check applicable items): ____ unincorporated homeowner's group. £SS^j y incorporated Homeowner's Association. ___ unincorporated club or recreation group. ___ incorporated club or recreation group. Page 1 of 5 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member's private property. ____ easement or outlot owned in common. ____ property leased by the group/association. V property owned by the group/association. List Dock location and ownership information: Street address / L Legal property description u. PID# Listed property owner(s) Names of abutting lakeshore property owners: (NorthAVest)<3l^»>_______ (Name + Address) -iSouth/EasO fyt\e,kA€.C U> > }-y PmjV'L (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: ____ property owner's homeowner's policy. V separate group/association owned policy. List the following information: Name of insured Payt k%ii h)jj • Name of insurance carrier fr Name of insurance agency ^ t i_______________ Policy No. ^ Effective date of coverage Amount of coverage: Public liability, per person, per occurrence Public liability, per occurrence Page 2 of 5 $ 10.Security and policing of the jointly used dock and property is provided by (rheck applicable items): ------ fencing ----^ security lighting ____ property owner's presence contract security service other (specify) DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: P ft. Length of main dock from shore: _ Dock setbacks from side property lines at shore: ly j— ft. and ^ Dock Construction (check applicable items): ^ seasonal dock (relocated or replaced each year) ------ permanent piling with seasonal deck ____ permanent piling and decking ft. ft. 12 y v.’ooden decking List Dock Accessories: metal decking Number of fire extinguishers available at the dock S Number of life preservers available at the dock List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips ______ Transient (day use) off-shore buoys ______ Permanent moorage slips ^ ^ Permanent moorage off-shore buoys _____ Dry storage (rack) slips __________ Maximum number of boats at the dock > ^ 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. Q spaces. EROSION AND SEDIMENTATION rONTROT. 16. Shoreline is protected by (check applicable items): -X- "P '■^P ___ wood seawall ___ metal seawall ___ concrete seawall grass and vegetation only other (specify) 17. Depth of water at shoreline: ft; at 50 ft. out: ; ’/l : at 100 ft. out: 3 Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B.UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and cenifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in_______(state year) and on file with the City." Applicant's initials INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. ____ members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________(state year) and on file with the City." _______________ Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS • • • Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year • PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. )3 slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/98 20.00 TOTAL DUE THIS APPLICATION Page 4 of 5 TATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the liceme year. rZ ch.ii not accept renewal licence .pniications received after March 1 nnlws thg applicaliQD is accompanied hv a late fee of $25.00. py VTEW PROCEDURE When a complete application is received, the application wUl be reviewed by the City and. in the case of new or unusual applications, also by the Plaimmg Commission and Manna Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. • Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License ApplicaUon. and agrees and authorizes *e Civ of Orono and the Civ's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date City of Orono P.O. Box 6a Crystal Bay, 1^ 55223 (6l2)473-7aS7 02/U/33 16:24:29 Custoaer: FQXHILL JT USE DOCK LICENSE - OTHER BUS. 1 0 0.00 1 0 56.00 SUBTOT hL TflX T07.QL SALE Cfieck Received CH.<y£E CLERKI 02 ThW,S# 6102 0.00 56.00 56.00 0,00 56.00 56.0(t 0.00 Page 5 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1998 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conser\'ation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the prope^ rights of the riparian owners both as to residential owners and the commercial marina owTiers to the extent prohibiting ^y interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; • • WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to con^ct one oc to the navigable depth of the public waters. There can be no dispute but that the public generally and each nparan owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 regulations include the annual licensing of Joint Use Docks pursuant and described on Exhibit A attached. directs the Staff to issue Adopted by the City Council of the City of Orono at thei, meeting on the 13th day of July. 1998. Gabriel Jabbour, Mayor ATTEST. Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) tahhoutd^UnlalvS"^^^^^^^ instrument was executed on behalf of the City. Notary Public page 2 of 2 CONDITIONS OF ISSUANCE FOR ANNUM. JOINT USE DOCK LICF.NSF. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot #5 (510 Big Island) Agent: Frank McKean, Treasurer Address: 5837 Grove Street, Edina, MN 55436 Licensee is:unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 1998 to December 31,1998 BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B and C, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. ExMbit A Resolution No.. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibits B and C.. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. Compliance with conditions of CUP Resolution No. 3416, 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 ihe City and other competent regulatory authorities shall deem necessary from time to time in the public interest. . „S(k’ t ^ I • V 4w; ^WG I *. ;• 'Sk’Mi'- ■■ fe ft A a M ^ ^ ^ ^ .. rMrs PAYAoue m utdf Within op<<^nrni*n • i ..J :0RGE'0. HICKEY. AUDI I OR KCNNEBiN COUNrY. MINN. t ON WITHIN ocscmoeo PnOPEIlTT AHE PAID •• • • PUTT MISTERED IJUU/ SURVEY HO. *[ 9 Q ^ . IBHliEFlN COUMY. HIHHESOrT^^ * • • ‘A**** ^ < Arl.J I r«ti ft C lin^ of Ti'ocl C lU- Carl hnt of Coy’/ to/ Jj Sff/ton 2z.rttTi/,ar)iv • • * ••t foor 47 tmff * \l^ ^ • ^o}*IS R-^ ^ 4 W•• • d» s * ! ^er.si >74 - ^7r4.rd J7P.U Cj i f!TJ> /o/ - - p- .■vSrH'W*^ "O .••'•' ---------JL_ "W : B. Pi^lMER :>T 2 0F<^-aTCh'kL'3 , 'V. orGo?i»^d' }N sec. 22%. ' V /1231'V ifafs/%orf/int 7 f* 4i?r.ii ■'i.o®'.** /Jtro'To m m • mm Ufttn Cm tmth9t9i% m%9m%im #nl s<df' m • o 1I>€AJ77C^ mt cAon/ir/—MKTA POWER SQUADROM’ C * Jb €*^C^C. STREATER COVE FACILITY —~ '• • • - JJ>et^vc4’U 1" s 100' f " 5/'V*Atr^'414,i f » • CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19^ Rt=C£WED M ^ ^ Or ORONO ANNUAL JOINT USE DOCK LICENSE APPT.TCATTON Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 12. 199S Date Application Returned to City Fee Received $ /- - ‘Tfr By Employe Section 5.42, Subdivision 2. LICENSE RFOIJTRF.n - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) A1 fhu/Ef^ ^(f/f All4//fy€i TBay_______________________________ Person kesponsible for this application: NameAlok^A'jf/ Phone ^ f • Mailing Address______^1 O U B. T7~ BO U fi. Atj/ STr^3C> 2. 3. 4. Relationship to association ^ AS o A Association is (check applicable items): ____ unincorporated homeowner's group. ____ incorporated Homeowner's Association. ____ unincorporated club or recreation group. ^ incorporated club or recreation group. Page 1 of 5 r 5. 6. 7. 9. Principal purpose of joint use dock is (check applicable items): ____ provide boat mooring and lake access for residential property. ■provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Dock is located on (check applicable item): one member's private property, easement or outlot owned in common, property leased by the group/association. property owned by the group/association. List Dock location and ownership information. Street address S'j 0 & I Cr /¥ Legal property descnptjon PID# ^ ((1“~ "X 3 Listed property owner(s) 8. Names of abutting lakeshore property owners: (Name + Address) (South/](Name + Address) Names of other affected property owners: ----------------(Name + Address) (attach sheet if necessaw ^ Insurance Coverage - The jointly used dock is insured by one of the following:. property owner's homeowner's policy. ^ separate group/association owned policy. List the following information: a j/ Name of insured Name of insurance carrier Name of insurance agency Policy Effective date of coveragePntinvNo^<r-3;9Z)^/_^_____ ^ Amount of coverage: Public liability, per person, per occurrence Public liability, per occurrence $ 0(P\ 0Q __ Page 2 of 5 10.Security and policing of the jointly used dock and property is provided by (check applicable items): fencing ___security lighting ^ property owner ’s presence contract security service other (specify) DOCK INTORMATIOM U-tC. List Dock Use Area Specifications: ^11. Width of shoreline:ft. Length of main dock from shore: Dock setbacks from side property lines at shore:-------------ft- and ft. ft. 12.Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) ____ permanent piling with seasonai deck ------ permanent piling and decking wooden decking ___metal decking 13.List Dock Accessories: extinguishers available at the dock —A/(il-Number of fire Number of life preservers available at the dock-----/A 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off-shore buoys Permanent moorage slips__Permanent moorage off-shore buoys —O Dry storage (rack) slips Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the joint use do^ Parking, if provided must not be separated from the dock by any public road. —C>_spaces, p;]^osiON AND SFfPiMENTATIQN CONTRO L 16. Shoreline is protected by (check applicable items): wood seawall___metal seawall concrete seawall stone rip rap grass and vegetation only other (specify) 17. Depth of water at shoreline:____ft; at 50 ft. out:at 100 ft out: Fafic; 3 of 5 -.irTWA.l V.JI rt REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. DOCK PLAN - ALL APPUCATTONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. UNINCOyORATED GROTTP5; A^SQCIATTnN5; 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not rgqyirecj if the applicant initials and certifies the following statement- "This IS a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made m_______(state year) and on file with the City." ______Applicant's initials INCORPORATED CT.UBS OR ASSOCIATTQNS 1. A list of the names, mailing addresses and titles of all corporation officers 2. A statement as to the total number of members in the club or association. ^ members 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are nfiLtsaiUrgd if the applicant initials and certifies the following statement- This IS a renewal application and our joint use dock is to be operated under the c’-ne articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the City." ------------ ^ ^ ^7 Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPUCATTON5; P • Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year • PLUS SLIP FEE for each pei*manent moorage slip, lift, dry stack, or buoy._____slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/98 TOTAL DUE THIS APPLICATION $ $ $ $ 2QJ)0 $ __dO.dO Page 4 of 5 T,ATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. Ihs City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. RF.VTEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL.• Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date /- City cf Orono P.O. Box £6 Crystal Bay, MN 55323 (6l2) 473-75^ 01/26/98 11;27:50 Custoser: flfiNUfiL JT DOCK - MTKA POH LICENSE - OTHER BUS. 1 B 0.00 0.00 1 '»20.00 20.00 SUBTOTAL TAX TOTAL SALE Check Received 20.00 0.0020.00 20.00 CHANGE 0.00 CLERK# 02 TRAILS#6001 Page 5 of 5 OM WlTifffM ___ •buT^DO 1969 ;0RGE-B. HICKEY. AUOIIOR t .♦ HCNNE8IK COUNTY, MINN. ON WIT^IIN OESCniOfD pnopcnrr are paid • ». r %« • * \V UTY nECISTERED lAllU HURVEI HU. JL2-0 4 * . lEmCEFlN COUl.TY, HUIKESCTTJL ^ 6. CLyJi, • ’ir» EL tin^ of Tfcl C N h 'A • • t tnrl hrtf cf (JV f*/ /#/ r//ry, nntv V 1-*iooii?tmil •• •• 4QT.9I >S4 -• • 10# U- r-i. tf. . - p* r ■*.■»: 2CWr-'< r ’ / ■yif/ /« r*'O.immer '.: OT 3 '■IV. or Go^ : \N SEC.^.£ N Ft23W t (■• @ @ ® ©'Icx.'f •A ‘i: •7K •fo ■4 - - « o H 9r# Vt sftorr/fne mf tkannr!^" MKTA POWER SQUADRON STREATER COVE FACILITY jcj^ - l2>et^vc^u 1" = 100' RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1998 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Miimesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Oro.io must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists ’jetween and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnctoidca. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 . 1 r k' 'J.vrb' tra WHEREAS, Lake Minnetonka is capable of substantial beneflciai public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of July, 1998. ATTEST: Gabriel Jabbour, Mayor Linda S. Vec, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of July, 19^8 by Gabriel Jabbom & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of r CITY OF ORONO EXHIBIT A RESOLUTION NO.__ rONDITlONS OF TSSUANCF FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Pheasant Lawn Homeowners Association Dock Address: 2790 Pheasant Road Agent: Joseph T. Forrer Address: 2655 Pheasant Road, Excelsior, MN 55331 Licensee is:unincorporated homeowner's group X incorporated homeowner's association __ unincorporated club or recreation group __ incorporated club or recreation group other____________________ License Period - January 1,1998 to December 31,1998 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibits B-1 thru B-3, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carmanis. ^_plus 1 detached 5 plus 1 detached Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached 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. 1.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. 2.The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots 15 and 18. Pheasant Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14, said lots might not abut the actual shoreline of Lake Minnetonka at any given time. 3.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. 4.The Homeowners Association and Mahoney shall agree to hold the City harmless from any damage to any private or Association improvements within the right-of-way that might be caused by the City. (Hold Harmless agreements on file) 5.This approval grants a 1998 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. r Exliibit A Resolution No. Page 3 6. 7. 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 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. (Sherf) 2675 Pheasant Road (Lot 6, Pheasant Lawn) C. (Reddick) 2695 Pheasant Road (Lot 8, Pheasant Lawn) D. (Vaughan) 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 suck regulations and ordinances as the City and other competent regulatory autliorities shall deem necessary from time to time in the public interest. J CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19^ N. S. ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 12. 1998 Date Application Returned to City Fee Received $By Employee Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) //) ^ /in^U JxBiOfO /rig, QLCAfCJ^S 2. Lake Bay 0 O-K_____________ 3. Person responsible for this application: Name Phone '?/ -- ^_______________ Mailing Address __________________ Relationship to association / (f 4.Association is (check applicable items): ____ unincorporated homeowner's group. incorporated Homeowner's Association. ____ unincorporated club or recreation group. ____ incorporated club or recreation group. Page 1 of 5 i 5. 6. 7. 8. ^SS(P( 9. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member's private property. )/ easement or outlot owned in common. T ____ property leased by the group/association. ____ property owned by the group/association. List Dock location and ownership information: Street address________________________ Legal property description AoT" PIDij' Listed property owner(s) Names of abutting lakeshore property owners: / (NorthAVest) S/7n//ev/ *7/130 • (Name + Address) / fSoulh/EasO pcCig «?io S.S- ZfiOO 7^cvaS/i.gfr /d), (Name *+ Address) Names of other affected property owners: €.kfn<^L)^ Z999 0t^/}^^rSr ______ (Name + Address) (attach sheet if necessary) Insurance Coverage - The Jointly used dock is insured by one of the following: property owner's homeowner's policy. ’* ____ separate group/association owned policy. List the following information: Name of insured_____ Name of insurance carrier Name of insurance agency Policy No. ____________Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $ Public liability, per occurrence $ Page 2 of 5 10. Security and policing of the jointly used dock and property is provided by (check applicable items): fencing security lighting / property owner’s presence ccntract security service other (specify) DOCK TiMFORMATIOX 11. List Dock Use Area Specifications: Width of shoreline: ft. Length of main dock from shore: 12. 14. 15. So Dock setbacks from side property lines at shore: Dock Construction (check applicable items): ft. and seasonal dock (relocated or replaced each year) permanent piling with seasonal deck ^ permanent piling and decking wooden decking metal decking List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock__ List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips ______ Transient (day use) off-shore buoys Permanent moorage slips (f> Permanent moorage off-shore buoys Dry storage (rack) slips __________Maximum number of boats at the dock (ri List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. jO spaces. EROSION AND SEDIMENTATION CONTROL • 16. Shoreline is protected by (check applicable items): stone rip rap ___ wood seawall ^ metal seawall ___ concrete seawall grass and vegetation ____ other (specify) ________________________ 17. Depth of water at shoreline: Ip ft; at 50 ft. out: ___; at 100 ft. out: Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application; B. C. DOCK PLAN - ATE APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of ail docks, slips and buoys. If Qff-5tfeet parking, dry storage or other on-land functions are intended, these also should be shown on the plan. TINTNCORPORATF.D GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2 statement: "This A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the followin is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in / (state year) and on file with the City. O'Tlf -Applicant ’s initials TKCORPOR ATF.D CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. 3. A statement as to the total number of members in the club or association. 11 members A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not reouired if the applicant initials and certifies the following statement: "'j'jjjj jj jj renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the City." Applicant's initials D. ANNUAL UCFNSF FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PT.IJS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. slips @ 2.00 each LATE FEE ($25.00) if application returned after 3/1/98 TOTAL DUE THIS APPLICATION 20.0(1 32.00 Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.PO­ RE VIEVV PROCEDURE When a complete application is received, the applicati'Ti will be reviewed by the City Council and, in the case of new or unusual applications, also b> t?ie Planning Commission and Marina Committee. The Council will pass upon the application alT':* complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON .APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed 0i/£6/93 ll;«l:14 Cujtc-disr: NOME LICENSE - OThER EU3. I S 32.00 - 52.00 F>icftSA.NT LflkN JNT USE COCK LlC I 3 O.CO 0.00 E'JST'-fi TAX TOTAL SALE Check Received 52.00 0.00 32.00 32. CO CHA.NC-E 0.00 C lERK# 03 TRWiS;! E2tj2 Date UJ 9 Page 5 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1998 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Mirmetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public w’alers adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; • • WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Mirmetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Mirmetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing tlierein; the riparian owner has no exclusive privileges to these rights; and Page 1 of2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a vsray as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 13th day of July, 1998. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss, ) The foregoing instrument was acknowledged before me on this 13th day of July, 1998 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 r CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUM. JOINT USE DOCK LICFNSF. I. LICENSEE: Sandy Beach Place Dock Address: 3995 North Shore Drive Agent: H. Richard Zuckman Address: I819Dupont Avenue South, Minneapolis, MN 55403 License Period - January 1, 1998 to December 31,1 998 II. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B , and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY West Arm 6* See Item IV-4. Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violadon of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. T^e issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1.The five approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. 2. City may require written approval from abutting and affected property owners for each annual license review. 3. During the current license period, the City reserves the right to require a reduction in the number of license slips commensurate with any reductions of habitable dwelling units which may occur during the license year. 4. Because one cabin was demolished in 1991, leaving six rental units, the number of slips licensed for 1993 was commensurately reduced. The fire and subsequent demolition of an additional cabin in early 1994 left 5 rental units on the site, resulting in the reduction to 5 licensed slips for 1994 and future years. . Nothing in this license shall confer upon any person for the benefit of any property rjiy 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. • ^ • •• 4 • ••J • • • m • • •% ^ % I • •• I • * • ^ • ^i&vr |lPSo‘-'' I I , 5 $Up5 proposed DO'^'^ C^ql- jc\c\Cr - )q<^5"5 sc^t^ iw ' 7 . -7 5t-'£-^ /q'il 'T i'z' T - 5 L RSCciVED. FEB 1 a 1998 CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEARQ^^MO'^IO ANNUALS Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 12. 1998 Date Application Returned to City Fee Received $By Employee SecUon 5 42, Subdivision 2. 1 TrFNSF. RKOUIRED - It is unlawfiil for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first havmg obtained a license therefor from the City. PT FASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED A^A™ot S APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. association information 1. Association title or name (if any) Lake _______2. 3. Bay Arrn Person responsible for this application: ZucKvnan Phone- yH-fcOMT- Mailing Address DiipsQ't' f\oe,r>U-e ixiOtb. Relationship to association 4.Association is (check applicable items): ^ unincorporated homeowner's group incorporated Homeowner's Association, unincorporated club or recreation group, incorporated club or recreation group. Page 1 of 5 5. 6. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member's private property. ____ easement or outlot owned in common. X property leased by the group/association. ____ property owned by the group/association. List Dock location and ownership information: Street address Legal property description TKg^ ps-rf ^ PlDff _____________ Listed property owner(s)_____ 8.Names of abutting lakeshore property owners: (North/West) ___ (Name + Address) fSouth/EastI (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: • • y property owner’s homeowner's policy. ____ separate group/association owned policy. List the following information: Name of insured ___________ Name of insurance carrier C i h Cfi Name of insurance agency ________________ Policy No. Effective date of coverage ____________ Amount of coverage: Public liability, per person, per occurrence $ IC^() j cOO Public liability, per occurrence $ 100) (X^ Page 2 of 5 10. Security and policing of the jointly used dock and property is provided by (check applicable items): ____ fencing X security lighting ____ property owner's presence ___ contract security service ____ other (specify) C ___________ nOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: 1 bO ft. Length of main dock from shore: _ ft. 10 13. 14. 15. Dock setbacks from side property lines at shore: _ Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) ____ permanent piling with seasonal deck ___ ft. and ft. permanent piling and decking V' wooden decking List Dock Accessories: metal decking Number of fire extinguishers available at the dock Number of life preservers available at the dock__ / List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips ______ Transient (day use) off-shore buoys _ Permanent moorage slips____^ Permanent moorage off-shore buoys _ Dry storage (rack) slips __________ Maximum number of boats at the dock List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. 2.t)__ spaces F.RO.SION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap ___ wood seawall _ metal seawall concrete seawall grass and vegetation only other (specify) ^91^ A 17. Depth of water at shoreline: Q ft; at 50 ft. out: U ; at 100 ft. out: Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. DOCK PLAN - ALl. APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan, TINTNCORPORATF.D GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement; "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in_______(state year) and on file with the City." __________ Applicant's initials INCORPORATED CLUBS OR ASSOCIATIONS 1 . A list of the names, mailing addresses and titles of all corporation officers. 2. 3. A statement as to the total number of members in the club or association. ____ members A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in________(state year) and on file with the City." Applicant's initials D. ANNIJAI. UCF.NSH FEE - AT T. APPLICATIONS 9 • Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) $ ________________ RENEWAL JOINT USE FEE, per year $ ------ PT .TIS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. slips @ 2.00 each $ ____ LATE FEE ($25.00) if application returned after 3/1/98 $ ____ TOTAL DUE THIS APPLICATION $ ___ 20.00 to.(JO Page 4 of 5 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accept renewal license applications received after March 1 unless the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL.% Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date City of OrciK' P.O. E>3x 66 Crystal Bay. MN 55323 1612)473-7307 02/16/93 12:59:35 Customsr: ANNUfiL DOCK-ZUG'J'lfiN LICENSE - OMR BUS. 1C- 0.00” 0.00 1 0 30.00 SUBTOTAL Th/ TOTAL SALE Check Received CHANGE CLERK# 02 TRhNSa 6J55 30.00 30.00 0.00 30.00 30.00 O.W Page 5 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO WALTER'S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1,1998 TO DECEMBER 31,1998 WHEREAS, the City of Orono, hereinafter "City” is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of tlie navigable waters involves an exercise of police power of the State, LMCn, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property'. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of llie limited riparian rights; and Page I of2 ftoro ■ cif* wtjiisia isKuiims nVsTiTil ropic LUCHiv^r§jiniMrtjiT»TiTii [tJiTinflti Kwwonmiwj rtP.\Wi WW-^OIiT'^ r«T¥fItJ#:UW ^ Kills r CITY OF ORONO EXHIBIT A RESOLUTION NO. __ rONmiTIONy^ OF ISSUANCE FOR ANNUAL J OINT USE POCK LICENSE LICENSEE: Walter's Port Maintenance & Improvement AssociationI. Dock Address: 2699/2701 Kelly Avenue Agent: Ted Storlie Address: 2701 Kelly Avenue, Excelsior, MN 55331 Licensee is: XX unincorporated homeowner's group ___ incorporated homeowner's association ___ unincorporated club or recreation group ___ incorporated club or recreation group other ____________________ License Period - January 1,1998 to December 31,1998 II. BOAT DENSITY boat slips, lifts, or buoys exceed the number permitted in the pnor year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Carman Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. V. I.Variances granted for 1998: a) West property line (extension of west line of Lot 2, Block 2, Walter’s Port) - 10' required, zero setback proposed Southeast property line (extension of southeast line of Outlot 2, Walter's Port) -10' required, zero setback proposed 2.The five slips are approved for use by the following properties located in the plat of Walter's Port: Slip 1 - Lot 2, Block 2 Slip 2 - Lot 2, Block 2 Slip 3 - Lot 1, Block 2 Slip 4 - Lot 1, Block 1 Slip 5 - Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) 3. 4. • • City must be notified immediately of any change in use or configuration of the dock. All boats permanently moored at this joint use dock must be registered to the applicant property owners. 5.Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) is allowed four boats maximum (1 of lagoon, 3 at outer lakeshore). Nothing in this 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 regulatoiy authorities shall deem necessary from time to time in the public interest. f1 J r • ^. ••<•. !:• •• • .:•' •• • • i • •__________• • • RESoLUr/on ■E)(U'\'e.\x B • • ^ ••• *■’. * ♦ = ~ “••^-•7rry.:*.*** ^iHT- * vjp^ckOQ Kb C^OOT'—civ *3»^ . .. W\iMoOT m •« »*• — • • Pv\? t\K‘ * Mv: CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19^ n CL ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 cnc*» ^3 OJ Date Form Sent by City Staff January 12. 1998 Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without furst having obtained a license therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND UCENSE APPUCATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) Lake _________ trt>I 2. 3. Bay ( Person responsible for this application: Name 1 i f._____Phone Mailing Address \ 1^*6 I Relationship to association 55^33/ 4.Association is (check applicable items): unincorporated homeowner's group. ____ incorporated Homeowner's Association. ____ unincorporated club or recreation group. ____ incorporated club or recreation group. Page 1 of 5 RUCEIiVSD PtB 2 5 1596 CITY Or Or.O,\0 r 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items); provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member's private property. easement or outlot owned in common, property leased by the group/association, property owned by the group/association. List Dock location and ownership information: Street address Names of abutting lakeshore property owners: fNorth/WesO C/cTT ^ Q (Nami + (Address)t,iNam« +t>\aaress; ^ ^ f ] (Name + Address) Names of other affected property owners; ___________ A (Name + Address)' (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by one of the following: property owner's homeowner's policy. ____ separate group/association owned policy. List the following informatiom^ /- Name of insured ( • Name of insurance carrier Name of insurance agency r g~T~ Policy No. ^ ^ Effective date of coverage Amount of coverage: Public liability, per person, per occurrence $ li^ily Public liability, per occurrence $ / /w \([*, . Page 2 of 5 r 10.Security and policing of the jointly used dock and property is provided by (check applicable items): fencing security lighting ^ property owner's presence contract security service other (specify) DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: _________ft. Length of main dock from shore: Dock setbacks from side property lines at shore: ft. and ft. ft. 12.Dock Construction (check applicable items): ____ seasonal dock (relocated or replaced each year) ------- permanent piling with seasonal deck permanent piling and decking wooden decking ____ metal decking 13.List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock t uJ €0UC 14.List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips ______ Transient (day use) off-shore buoys _ Permanent moorage slips ^_____ Permanent moorage off-shore buoys Dry storage (rack) slips ___________ Maximum number of boats at the dock 15.List number of off-street parking spaces available for users of the Joint use dock. Parking, if provided must not be separated from the dock by any public road._______spaces. EROSION AND SEDIMENTATION CONTROT. 16. Shoreline is protected by (check applicable items): stone rip rap ___ wood seawall metal seawall ___ concrete seawall grass and vegetation only other (specify) 17. Depth of water at shoreline: ft; at 50 ft. out: ^at 100 ft. out: ! i 1 •; 1 I i i f I : Page 3 of 5 REQUIRED ATTACHMENTS The following must accompany this application: A. B. C. DOCK PLAN - ALT. APPUrATTONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. ^ UNINCQRPORATFJ ) GROUPS OR A.SSnciATION.S 1 . A list of the names and mailing addresses of all members and/or slip usery. A. A certified copy of the by-laws or agreement for joint use. Note: This copy is m2 tjequir?(J if the applicant initials and certifies the following statement: "This IS a renewal application ^our joint use dock is to be operated under the same by-laws or agreement origmally made in (state year) and on file with the City." 2. INCORPORATED CT UBS OR ASSOCTATrOM<! 1 . A list of the names, mailing addresses and titles of all corporation officers. A statement as to the total number of members in the club or association. ____members 3.A certified copy of the articles of incorporation and by-laws of the corporation, r^te: These copies are Dflt if the applicant initials and certifies the following statement: This IS a renewal application and our joint use dock is to be operated under the same articles of incorporation Md/or by-laws as originally made or last amended in________(state year) and on Applicant’s initials ANNUAL LICENSE FEE - ALT. APPT JCATTnM.<; Joint Use Dock License Application Fee according to the current City Fee Schedule $ $ INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year • PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. slips @ 2.00 each $ LATE FEE ($25,00) if application returned after 3/1/98 $ 2CL00 .7^ TOTAL DUE THIS APPLICATION Page 4 of 5 : f LAIELEEE - Renewals °° > of fto license year. Ihs iS-accompanied bv a lat q fee of nn • ^ • REVIEW Pnnrirn^ipp; “ '■eceived, the application will be reviewed by the City Council CotiSttee Co”uiI^n " T'”' 0'®° *>y the Planning Commission and MarinaL.ommittee. The Council will pass upon the application after complete review. ^UMt to Swtion 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono cS^of n Application, and agrees and authorizesT ?n ^ ^ employees and agents to enter upon the property at any reasonable time to perform safety and c^e compliance inspections. Signed Date City of Orcrpo 0. Eo.( £.£ 02/c'6/38 10;lc-!l4 i'yjtof ’rr: ,NCi'£ LICENSE - OTHES BliS. liSLTESS POST JN7 USr&CK’LICN*''^ 1 •? C.OO O.CO tUBTOTfilTAX TOTPi SALE CiiecK Rsceivsd 30.5*j 0.00 30.50 30.50 CHhi'.GE 0.00 C.EEK4 03 TRhiN5# S!59 Page 5 of 5 r ^ •• • ♦ • • • 1^:■ ”______ __ —^—:----------t\ftcIv<L '-?.Moot ; COOTv-»,_^-------------------------------- • m «■•*« s?.y' it R\<> MU’S. LkT U' fitAUs, ! ^----1 ■=• ) ' l^a.v r — ; . ATS v S ^VU*-U10'»K ^ »^^'' vAS* OyfvoT 'LoTC A • • \ou.s«' i, •uar^ i ———"XHPvt.Av t-o “ Uw«V4 ,r.»•. •»•■..* OvmxtraL .TC<lUOT.i <U.\ WALTER'S PORT (North); subject to Order of 6-27-84 yjoavA Sop \uaT X 'fi.v. X 2.UoT X ^v. X 3 v.or \<^u X UOT \av. \ V* \.oT ftw *j» Request for Council Action continued Page 2 of 5 June 17, 1998 Proposed Joint Use Dock Relocation In 1977 a conditional use permit application was approved, allowing four additional units (two duplex buildings) to be constructed on Tract A in addition to allowing the existing fire station duplex to remain. A decision on the proposed joint use dock to serve all 6 duplex units was left up in the air, pending the results of an LMCD moratorium. The two new duplex buildings were constructed on Tract A in 1977- 78. On March 30, 1978 the City of Orono issued a joint use dock license to the "Kelly Avenue Holding Company" for one slip for each of six duplex dwelling umts. That dock system was to be constructed near the entrance of the lagoon at the southwest comer of Tract A. Please review the staff memo and exhibits for Application #350 which provides some background to the discussions held regarding this initial joint use dock license. In 1979 Tract A was split into three lots, each containing an existing duplex building, plus two outlots; Outlot A for a joint use dock, located at the shoreline of Lot 3; and Outlot B, the platted lake bed which was then deeded to the City. The 1978-79 discussions regarding lake access for these six duplex units, revolved around a number of factors! 1. In total the six units had only 400' of shoreline in the LR-IB zoning district that required 140' of lot width and allowed one riparian "dock right'' per lot; i.e. the 3-acre site would only qualify for two riparian "dock ri-. 's" if subdivided into two conforming widths single family lots. 2. 3. Ciw nwtps designated wetland along the shoreline of Lots 1 and 2, and ai ;l .a a tlock to extend from Lots 1 and 2 would require a variance to the flood plain and wetlands ordinance which was then recently adopted. A joint use dock providing one slip for each of the six duplex units would be of less impact than six individual docks. The impact of six slips, one for each of six duplex dwelling units, was considered a reasonable impact on the neighborhood and the lagoon. Three individual docks limited to 5'6" width by 25' length, with two boats slipped at each dock, and such docks grouped at the southwest end of the property, would be appropriate. In 1984, Lots 1 and 2 of Navarre Cove were replatted as "Kelly Cove" creating four 4. Request for Council Action continued Page 3 of 5 June 17, 1998 Proposed Joint Use Dock Relocation \ . It house pads for the existing northerly duplex units, and one large commons outlot (Outlot A, Kelly Cove). The four northerly duplex units continued to use the joint use dock system extending from Outlot A, Navarre Cove. Since 1978 the City has annually issued a joint use dock license to the 6-member Navarre Cove Homeovvner's Association. The most recent license (1997) allows six slips on three individual docks extending from Outlot A, each dock being 44' in length. This extension from 25' to 44' occurred during the drought in the late 1980s and was formalized by LMCD and the City in 1993. Current Proposal While i^ot 3 in Navarre Cove just recently received approval for demolition and reconstruction of a new duplex, the owner of Lot 3 would prefer to eliminate Outlot A (the dock outlot) and make Lot 3 a single family lot. Lot 3 becomes much more marketable without the encroachment of Outlot A, and w'ithout having to accommodate the joint use dock for the four remaining duplex units. To this end, the four remaining duplex owners would like to move their four slips further north to extend from their own commons outlot. This appears reasonable but also raises some additional issues: 1. The proposed dock system will extend from an area that the City maps define as wetland and over which the City has a Conservation and Flowage Easement; however, staff has reviewed the status of the wetland, and it clearly is not as extensive as the old maps indicate. The area from which the new dock will extend is maintained as yard, contains mature trees, and obviously is high ground. The actual wetland boundary is much further west than the proposed dock location. In staffs opinion, the wetland is not a factor in this application. • • 2. Lot 3 as a conforming 1 acre/140' width single family lot, would likely be allowed by LMCD to have as many as four slips and four boats, as long as all four boats were titled to the owners of Lot 3. The net result for the City is where tliere were six slips and six boats, there is now a potential for eight slips and eight boats. Council should weigh the potential impacts of four joint use dock slips plus a single family dock system, versus six joint use dock slips. Appli ant is advised to contact the LMCD (471-9588) which also has jurisdiction over joint docks, to confirm what special restrictions or permits that body may require for this change. r Request for Council Action continued Page 4 of 5 June 17, 1998 Proposed Joint Use Dock Relocation Joint Use Dock Ordinance Municipal Code Section 5.42 gives minimal standards for joint use docks. However, that section does non-riparian land owners within a subdivision adjacent to 4 lake which initiates a new joint use shall adhere to LMCD regulations imd no such^ shall have more than one boat slip per 50' of shoreline as me^ured by '"j= the points at which the side lot lines meet the OHWL. Further, all such use shall adhere to the Shoreland Management Regulations of Section 10.56." The proposed use appears to meet the one slip per 50' of shoreline standard, since ^ nte^“«<* °n a sMiota line Lots 1 and 2 contain 220’ of width, which would allow up to four boats. Further, the nro^ofed uTe appearTto meet the standard which disallows any use which creates the need for addUional parking on any street right-of-way or additional parking stalls. Since die proposed four slips will be used by four adjacent land owners with pre-existing parking areas, no impact on streets or right-of-ways. Further, there appears to be no need for additional hard surface areiis. The proposed docks would appear to be located in one of the widest portions of the lagoon, hence no boat traffic problems are anticipated. Staff Recommendation Staff recommends approval of the application of the K.lly Cove conversion of a six unit joint use dock to a four unit joint use dock, subject to dock des^n location as proposed, and subject to ultimate legal combination of Outlot A ^d Lot ^ Cove by the ovsTier of Lot 3; and that the easements over Lot 3 and Navarre Co% e Outlot A of Lots 1 and 2 Kelly Cove be extinguished. Public Hearing Option Tlie joint use dock license standards allow Council to call a public hearing at Council's discretion TOs application was received on June 12, and is brought f.mvard f” a resolution pending Council action. One of Council's options would be to call for a pubhc hearing if there is some peredved negative impact to the City or to other users of the lagoon. Such a hearing could be published for the July 13th Council meeting. Request for Council Action continued Page 5 of 5 June 17, 1998 Proposed Joint Use Dock Relocation Options for Action 1. Grant conceptual approval, subject to conditions, and direct staff to draft an appropriate resolution. 2. Table for further information or in order to provide notification to surrounding affected property owners for a public hearing, if Council chooses to hold a hearing. 3.Conceptually deny, providing staff with suggested findings to incorporate into a denial resolution. 4.Other. COUNCIL ACTION RL^H^ITSTED: Provide applicants and with, direction regarding the proposed joint use dock relocation and conversion from 6 unii:> to X:\APPS\WPWIN60\WPDOC^AZ\MIKE\JOINTUSE\NAVRCOV2.MEM r CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 NOTICE OF COUNCIL ACTION Date of Notice: 6-24-98 TO: Kelly Cove Homeowners Assoc, c/o Austin Evans 2497 Kelly Avenue Excelsior, MN 55331 COPIES: TYPE OF APPLICATION: Joint Use Dock License DATE OF MEETING: June 22,1998 VOTE: 4 FOR 0 AGAINST COUNCIL ACTION - MOTION: Tabled because neither applicant nor a representative was present. This item will be rescheduled for the Monday, July 13,1998 Council meeting which begins at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. mpg A-) CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 I ^ ANNIIAT. JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff ______________________ Date Application Returned to City ^"12--’^ ^ Fee Received $ *7^ ^ ‘ By Employee * .. • ^ Section 5.42, Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from Ae City. , * •• . * * PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if any) CoyiT /feypct/X/oA/ aRotJO Lake h/hNtJi7tiNk.fi _________ Bay ____________2. 3. 4. it-m - n*70 Person responsible for this application: Name f^usTtN H- ^\/fifths Phone Mailing Address AfiL/.y Mhl 6'~S'33/ Relationship to association __________________2__ Association is (check applicable items): ____. unincorporated homeowner ’s group. ><■ incorpprated Homeowner ’s Association. ____ unincorporated club or recreation group. ____ incorporated club or recreation group. Page 1 of 5 5. 6. 7. 8. 9. Principal purpose of joint use dock is (check applicable items): ^ provide boat mooring and lake access for residential property. ____ provide swimming access, beach, or offshore dock. ____ provide a club or association gathering place for activities. Dock is located on (check applicable item): ____ one member’s private property. ^ dacemestsr outlot owned in common. ____ property leased by the group/association. ____ property owned by the group/association. List Dock location and ownership information: Street address 3^03 K^l>/ f^V^NUk. MN 6^33/ Legal property description c^utloT /^. CO'^i^________________ PID# 30'/I«7-33 /:x €>oS^_ t^STiH izVfht S»T>-b^ AV//tfrnr t I ■ i ■nmrir I IListed property owner(s) /^liNisms 1/ j jatLtO «/»/ y. wrw^^ »5y4V<^ W. BeKTHfNaLi^ A-J C4>vT<Ac7 Names of abutting lakeshore property owners: (North/WesO_______/v^ot- ---------------------------------------------- (Name + Address) />. //avT. iT. STteyr A7a/fSouth/EasO Qfjft^Laj (Name + Address) Names of other affected property owners: • • •• * I cmRurst.^tAHineg ar^f knFiLj ()NeNv£, rAf^STsr^/ (Name + Address) (attach sheet if necessary) Insurance Coverage - The jointly used dock is insured by One of the following:- • . * ‘ ‘____ property owner’s homeowner’s policy. % separate group/association owned policy. List the following information: '^Name of insured /CL'il'f Coy£ /tssoctA ’ftc^ ef- 6^0f/e> Name of insurance carrier ciH^. iNN/yr'i c.s>hP^I£'S____;_____ fiPPUcAfiotJ Name of insurance agency ^uujS__----------------------------- Policy No. Rfftyer ______Effective date of coverage__________ L-Amount of coverage: Public liability, per person, per occurrence $ f, coo, Public liability, per occurrence $hoa*. ooo Page 2 of 5 r 10.Security and policing of the jointly used dock and property is provided by (check applicable items): ------- fencing ------ security lighting property owner ’s presence ____contract security service _____other (specify) POCK information 11. List Dock Use Area Specifications; Width of shoreline: ' ft. Length of main dock from shore:ft. Dock setbacks from side property lines at shore; /p ft, anj j-j Dock Construction (check applicable items): ^ ^ ^ ^ seasonal dock (relocated or replaced each year) *^**^*' permanent piling with seasonal deck ____ permanent piling and decking wooden decking ____ metal decking List Dock Accessories: Number of fire extinguishers available at the dock i-ocfireji /a / /iofns ^ 4 ^ m m ^Number of life preservers available at the dock /seATi List number of slips in each category ("slips" includes boat lifts); Transient (day use only) slips ______ Transient (day use) off-shore buoys ^ Permanent moorage slips Permanent moorage off-shore buoys Dry storage (rack) slips __________ Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. —spaces. /?xi*77Vf /hs ^ , EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): ----- stone rip rap ___ wood seawall ___ metal seawall ___ concrete seawall grass and vegetation only ____other (specify) 17. Depth of water at shoreline: Q ft; at 50 ft. cut: Ft: at 100 ft. out: lo^fr ?? Page 3 of 5 REv, HRED ATTACHMENTS The following must accompany this application; A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. B UNINCORPORATED GROUPS OR ASSOCIATIONS 1. A list of the names and mailing addresses of all members and/or slip users. ' ,t. %• • . 2. A certified copy of the by-laws or agreement for joint use. Note: This copy is not required if the applicant initials and certifies the following statement: ■. '' .. ^ renewal application and our Joint use dock is to be operated under the same by-laws or . ^ agreement originally made in_______(stale year) and on file with the City." C. I • » ■ •• • • Applicant’s initials INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. • .A statement as to .the total number of members in the club or association. A members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not required if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorpor?’’ i and/or by-laws as originally made or last amended in_______(state* year) and on file wiih the City." _______________ Applicant’s initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPUCATION FEE RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy slips @2.00 each TOTAL DUE THIS APPLICATION $ $ $ $ 20.00 Page 4 of 5 r LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The City shall not accent renewal license applications received after March 1 unless the application is accompanied bv a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planmng Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE UCENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City’s employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Date ^ ^ ^ City of Orono P.O. Box 66 Crystal Bay, W) 55323 (612)473-7357 06/16/98 14:35:39 CustoKr: NQHE LICENSE - OMR BUS.1 8 78.00 78.00 JT USE DOCK KELLY COVE HOttOlC 1 e 0.00 0.00 SUBTOTRL TAXTOTAL SALE Check Received 78.00 0.00 78.00 78.00 CHANGE CLERKI03 TRANSI 7031 Page 5 of 5 r KELLY COVE HOMEOWNERS ASSOCIATION 2497 Kelly Avenue Excelsior. MN 55331, USA Telephone (612) 471-1170 Fax (612) 471-1184 JUii I ^ I I ( w i" i June 11,1998 Mr. Michael P. Gaflfron Senior Planning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55402 Dear Mr. Gaffron; I enclose the following: A new Annual Joint Use Dock License Application. A Dock Plan showing location on property. A Layout Plan showing size of docks etc. A statement showing the names of association officers and the total number of members. Certified copies of the articles of incorporation and by-laws of the corporation Members of this association currently enjoy docking rights on Outlot A, Navarre Cove, which is owned by Navarre Cove Homeowners Association. The members of that association comprise the 4 members of Kelly Cove Homeowners association and Mr. Bradley A. Hoyt the owner of Lot 3, Block 1, Navarre Cove. The members of Navarre Cove Homeowners Association are negotiating to convey Outlot A, Nava»'re Cove to Mr. Bradley A. Hoyt, dissolve Navarre Cove Homeowners Association and transfer 4 docks from Outlot A, Navarre Cove to Outlot A, Kelly Cove. I shall be grateful therefor if a Joint Use Dock License can be granted to this association subject to the members of Navarre Cove Homeowners Association completing the negotiations referred to in the previous paragraph. Please call me with any questions. Yours sincerely. Austin H. Evans President KELLY COVE HOMEOWNERS ASSOCIATION 2497 Kelly Avenue Excelsior, MN 55331, USA Telephone (612) 471-1170 Fax (612) 471 - 1184 The names of currently appointed officers are: Austin H. Evans President 2497 Kelly Avenue Excelsior, MN 55331 I hereby certify that the number of members in this association are four, comprising each owner of the properties legally described as: Lot 1 Lot 2 Lot 3 Lot 4 All of Block 1, Kelly Cove and known as: 2497 Kelly Avenue, Excelsior, MN 55331 2499 Kelly Avenue, Excelsior, MN 55331 2501 Kelly Avenue, Excdlsior, MN 55331 2503 Kelly Avenue, Excelsior, MN 55331 i2> tT/vT II, ao-•1 ao af ao 33 S3 • a so S3 SO n' • X lorj / 14-^5 ao IS ¥■ »2 It ao- . 53 17 jai ■t III) r LiSlJ 10 (lU) If 7i- /- in• X 33* .*•••' 21 113) 7) 22 <n m • • ?( “so n (114m -^2. HJCK) MU- W> 2D0SIK l>i.*i M Ju^ciaf fTarr^mt C«n* *c>~^i\yj%fjici^t landmark Tarr-fnt Cma If* ttJ9C REGISTERED LAND SURVEY NO. ------- /f S^o. oo /VRf*srjfS'*iy SCALE tf R**t DATE : Bmarinjs shown aro asaumael O Jano^&S Iron V r' n.oo .............. OancKmmrk h m ckitafftd **X'*an cant^M f^zf. TkrrantCattm.HfU^^/ surrlin, prior a\ Bafarrmanr sf Canrartr^f/an. dtadf 'my of lafoon^ Ufalar alstrsl/an an Art'll SftfTZ waaft%%k foal, ~/fZ9. V*■V"*. > • •% *r o I*. ,••'•7 •Si . iKtAO! ’^.'s .............■■Ik'^ /% '' ?kI si V-. *•* \ B ^ V • f ' 'iio I haiMtv eertlfy that in accordance with the provlalona of Chapter 508, mnnaaot/SUtutaa of 1949 aa awndod, I Z^’Si Z K'S2p ’«™..uT.o°«t, t^jt c, j.j..v.j.a BttrkB ••! pursuant to Torrens Case ho. 16986, and that the auwy _ ^ shown hereon is a correct delineation of said survey, dated this day oT_jjLUJ!lJeL --------- 1976. / VV s7 . ^\ ordon R. Coffin "xGordon . . - Minn. Regietratlor Ro. 6064 liind Surveyor and Planner Long Lake, MlnnesoU ES SSOT.; -ms •> Q un ccmciL or ths M city of Orono, 1976. MINNESOTA I ^Uadmmr^ Cattlk. lift I Iteyor Adsdnlatrator FIKATCB ornsios, Hennapln Co'jnty, MlnnesoU 1 hereby certify that there ore no deUnouent Urea for all year, prior to Vamoh T. Foppe, DtrecUr by . for land described on this plat. Dated Tax Clerk day ofSS SPSS'S! u.. or iw, ST.., h.. b.„ u,.. vm. __________________________________ _______________ ^ Alvar R. Free-an, Hennepin County Surveyor RSGISTRAR CF TITUS, Hennepin County, Wnneaota ____ jay of__________ ^r^t t^.”uo c^ple^.« the original and were found to bo tru. and correct copies tharanf.Mayne A. Johnson, Registrar of Titles, by Deputy ! : i \ \ I • (.• \t-r" i NAVARRE COVE HOMEOWNERS ASSOCIATTOM ^ bJ$C( (im Note;License is subject to association maintaining exclusive rights over »MMa MO UUJIT (AUMINIJ JKmx TNUS> CA/^MAWS BAy t.Ls11. H A 9 • OCNOTCS ecAAi/^cs SHOWN IRON uoNuyei ARE ASSUU • CmO 300 rCtf IN NIOIH iNO MOJOtmWQ lOF iiNli U**ICS1 OfHCllNiSC shown m iHt nir. fUrm/m** mm OmcmjmUm j/, lit#/ /##/ ^4rO ,fn. * S*mtLmrn> 0t m cA«if//r^ V * «• «• */ ww Wv## •• » III it‘/rt/,m*r fern* n/f , M* • SCAa.E IN FEET 100 GORDON R. COFFIN LAND SURVEYORS 8 ENGINEERS LONG LAKE . MINNESOTA . L. . O. MO «v'y. 1400I r <. 1- / DHAINACC ANO UTILITV CASEMENTS SHOWN THUS > 1.L, 1 1 _____’.1 -1 Q 0 L'J ;) 2* i' \ ^ -j -j L'J O DENOTES IRON MONUilCNT BEARINGS SHOWN ARE ASSUMED 'n.BCING 500 rCCT IN WIDTH AND ADJOINING LOT lINCS UNLtSS OTHCRWiSt StiQwN ON TllF PLAT . i% o i #At cmn€f€i ho%4 uf of •/ <5»>r CXcf^ - • TJi 1/ /^#i/, */f NRS emaiNAb »®2ITn« r- ~"—» omn-rnr I I O I o 1.9 I :T*-1 I I I I I I-«r !-• 110 I 1 I :i^: z H IK Oz - 1 9^ oi •n • •-•-ir--I 10 % \ L*J :> 2! :><f N _ -J -J L'J S' >-v - * S - t..: !B I ^-; ti? Ij -4 S'i W'- • .'jlly Awiiue Iblding Co. J j9S Kelly Avenue rnpo : <r> "<i rLVC;iNG OGPfllSSiai HXTING - October 3, 1977 IHm Lind5.iy ajid John Ahl presented proposal for conditional use pemit for two rivlditional duplex units. Planning Conwission reminded dewloper that duplex credit is linitod to 200 ft. distance fron comcrcially zoned district. Dnn Lindsay confirmc'd coinpliance. Mr. Limkay also requested dock rights for all three duplexes (one existing an^l 2 tivw units) for .*» total of six resi^tial units. Mr. Lindsav thought this was previously addressed by Coincll. The Council minutes of Julv 26, 1976 (conv enclosed) do not reflect this however. Tfie Comission infonned Mr. Lindsay of Orono's riparian rights poliev which is ct:rrvntly related to lot width rcquirtrients. The developer was instructed to siiSnit some additional data before we could address tlie dock rights issue. The length of slwrcl.’ne on the subject parcel would be the deternining factor on this riparian rlj^its issue. Mayor Van Nest infonned the developer tJiat the L'lTP vas considering limiting riparian rights to a shoreline distance of ino ft. In any dcrelorment, ea.i 100 ft. of shoreline would constitute one riparian right. .'Manninr. Cnrrission recemendod approval of duplex comlitional use perrat for v<o IK'S- buildings with the understanding that dock approval is not include<l, hut rust he addressed after norr data is submitted. 0\T*ai. ‘•i:iTi:;n - October 11, 1977 '•'•mno-l conditional a<e jiernits for PKM and. tiu]>lex cnxlit for fvo m'w ihjplcx I'uildings il units total) within 209 foot of t.'ie comcrcial rone, IMnvted staff to review the |xirk dedication fee and collect the cornvt .arxnuit duo befoa' issuing ''•.lildinr pt'mits. k’lll review the Joint dock onlv unon se*\irato tx'.pK'st in lielit of the I.'.T.M noratoriun. ‘M\n* - <vto»^r u, r.»:: ■■•‘Vi■ ivin. lee statu;. *‘t'r'M't '..alue of ^^:ul hrfrre division ! lf't<, t .acre tiensity •' ]0!. fr»' r fl »,S'V' .mK*. ! loT< \ fl"'* ’^a\. = sjtp' .)*; collecte' 1 ••.iriet Value of I ind, i'r.act ' • inr-; ' acre- - t”' <‘oo • o.imls *’’,rv' ''(*r biii l-li:;<: 7 £S IRON MONUMENT SHOWN ARE ASSUMED r a/ mf I tii i; /f /» /I f/0 ?/f I ciCC4>r«/ri’M Am ref* 9 e/ (^o/^ieemV/ f' 1 .w. m. r imv< IMS* - * •• • » r.t J TO: FROM: DATE: Planning Commission and Council Henry F. Muhich, Zoning Administrator __ _.-f A . .L !.S n V February 2, 1978 SUBJECT: Kelly Avenue Holding Company - Joint Use Dock Application for 1978. Application for multiple dock license for 1978 for mooring of 6 boats. This is for the purpose of providing dock space for each of the 6 dwelling units in the three duplexes on the Kelly Avenue Holding Company property. Exhibit B (sketch) - notes indicate 400' shoreline. Exhibit C (survey) - dimensions noted on survey line adjacent to shoreline appear to confirm the 400' shoreline. This property is zoned LR-lB (1 acre). Minimum lot width and shoreline requirement is 140'. From the zoning standpoint only 2 docks would be. permitted. Some of the other agencies are currently considering regulating docks by a shoreline footage factor. If we should adopt this policy the number of permitted slips would vary accordingly. PLANNING COMMISSION - February 27, 1978 Mr. Lindsay, representing the developer, was present. The Zoning Administrator explained the proposal as submitted. He expressed concern over the shoreline site plan indicating 6 individual docks. He felt this plan could provide mooring of 12 boats on only 400 ft. of shoreline. The shoreline and lot width requir^iment in this one acre zoning district is 140 ft. The total length of shoreline on the subject property lacks 20 ft. from the requirement as regulated by our current policy. The Planning Commission recommended approval of 3 docks for the mooring of 6 boats. One boat for each of the 6 dwelling units in the 3 duplexes on the parcel. Each of the 3 docks would be limited to a width of 5' 6" and a length of 25 ft. The Planning Commission did not stipulate the distance between the docks or specific location of the 3 docks. COUNCIL - March 16, 1978 Conceptually approved 6 slips per Planning Commission recommendations. COUNCIL - March 30, 1978 Approved resolution authorizing dock permit 6e license. J r RESOLUTION NO. 892 A RESOLUTION APPROVING A JOINT USE DOCK PERMIT AND LICENSE FOR KELLY AVENUE HOLDING COMPANY ^ WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted zonine S^land^withL^the^^^^°^^ orderly, economic and safe developLnt 3^ 9 WHE^AS, the Planning Commission and City Council have considered the application of Kelly Avenue Holding Company for Joint Use Dock construction and use of six (6) slips on their property known as 2505 Kelly Avenue; Tract A, RLS 1428; and l^EREAS, Tract A, RLS 1428 is occupied by 3 duplex structures containing 6 residential units as authorized by Conditional Use Permits issued October 11, 1977; and WHEREAS, Tract A, RLS 1428 contains approximately 400 lineal feet '‘f Lake Minnetonka shoreline; and WHEREAS, the Orono Zoning Code Section 34.440 authorizes private docks subject to the requirement of the Orono Municipal Code Chapter 74 Joint Use of Lake Facilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves a Joint Use Dock Permit and 1978 license for Kelly Avenue Holding Company subject to the following conditions: 1. 2. 3. 4. 5. Maximum of 6 boats to be moored at-this property. Maximum of 3 dock structures, each structure a maximum size 5 6.x 25* 0*', as shown and located on Exhibit A attached. Installation and use of more than one dock structure on this property will be subject to a Joint Use Dock License which must be lenewed annually and which renewal may be subject to revised conditions according to then current dock regulations. Issuance of this permit and license is subject to the approval of all other agencies having jurisdiction, including the Lake Minnetonka Conservation District and the MN Dept, of Natural. Resources. Issuance of this permit and license does not vest any permanent ^^Shts for multiple dock or moorage on this property. 6.Kelly Avenue Holding Company shall review and approve of thrs Resolution, which approval shall be indicated by the endorsement of an authorized representative hereon, and shall cause an original copy of this Resolution to be filed as a permanent :: covenant in the chain of title of the property, such filing to occur within 30 days of the approval of the Resolution by the City Council. AGREED: Kelty Avenue Holding Company / Dated this day of • March 19 78 . William B. Van Nest, Mayor ATTEST: Walter^l^enson. Clerk/Administrator / . I*. I • TO; FROH: DATE: SUBJECT: Plannlne Cotssalaaion and Council,; Jaanno A. Jtebusth, Aaat. Zonins Adotaiatwtpi Decaxobar 21, 1978 • . • . '■ i^8 Jameo K. Undoay, 2505, Kelly, mm SKETCH FLAK REVIEW Mr. Lindsay proposes dividing Lot I of tho Kelly Avenue :^dlvto« into three one-acre lots. Please review appUcaticn fot'^dw^ reason for platting. Lots laeet the required «*«;;?>? ‘^52^ (LR-13). Each lot appears to havo the mininMn 140* Ukoihorn .wtdAJ^; but lot dimensions are not complete and will be. reviewed hef«f%'‘‘“^'^=* presentation. The setbacks for exieting buildingi on I«te .liar** are satisfactory but the duplex on U>t 3 will require^ d-vevii^* ^ rear yard setback. •'. Access road - The existing driveway will appear as easement serving Lots 1 and 2. Wetland - The wetland at tiie northwest comer of parcel has not’bean' designated on plan. We will require a conservation end; * xlowage easement over the wetland. .- : Riparian rights - The applicant requests a Joint dock for each lot ‘ (one dock serving two dwelling units). If Planning Coomission approves, then a variance to the Flood Plain - Wetlands Management Ordinance must be given (similar to one Issued for Che Farm at -l^ng Lake and Victoria Gr^Ston). Lot 1 is involved; Lot 2 appears to have 15'-20' of available lakeahore but tho setback request of 10' will take most of It, and Lot 3 would not be involved. 9 • • Staff recommends a private outlot over the existing dock aroa. This alternative will lessen the impact on wetland and dismiss the need for a variance. Hear yard setback vartonco - Ordinai»ce 3A.A50 Required: Proposed: Variance: 30' 6' 24' - 801 r ~~ 11111».Vjifi;SVr ■vmh ■• ■ •'.'V*;! Nv-./.-AYflJ '^■M■sSwi ’gl’SM J9 '. *•*' i •:. -'i ,'t •.►■ >•.< ■^••5 -it. ;v\.‘rjr.. ::■• V'l' j •' -' * ■ •:V?;V--. g ■ " ■ DecGisbcr 21, 1978 Jcncs K. Lindsay 2505 Kelly Avenue Subdivision Pago 2 PLAN^ri^•G COMMISSION MZmNG Planning Coonisaion gave coi Avenue Duplexes Subdivision with applicant: 5ti'mm . k- 1. 2. 3. 4. Need for an accurate determination of watlaii^4; Issue of mutual dock vs three Individual>docl^^ to be reco^ieed .. e applicant to oe aw«re ot ^ V^i__v nl* Question of Lot 3 duplex being located oo»^A«.-20a ■; ^ dlstrlcc to be resolvede ■>'‘''^'\'.- ■•-. i-v* '•: ‘T- ..■ • ••«,■. -•• .:»,. -V .. ; . .• STAFF REC0M>JENDATI0N - M.\RCH 2-6, 1979 •'V* *, •.:/ S , <‘4 V -^* ’ • % 4 • i,'' / J. r •t U> a': ' 9 %n •V* Staff recotnr.cnds pvoiltninary approval of the three lot Rally Avenue Duplex Company's plat subject to the following cunditions: 1.Developers enter into a Conservation and Flowage Easement with 2. Joint^'dock to remein serving all three lots because of vatlends 3. Duplex^on^Lot 3 will require a front yard setback vsrlance of 29‘. PUBLIC INFORMATION MELTING - APRIL 9, 1979 Planning Cotitnlssion rocommendod preliminary plat approval as proposed subject to the following conditions: 1. 2. 3. 4. 5. erwLroi^otVplatter^rpro^ the cotnnin acceL! This avoids PUttC:rord?ninafc%asr^^^ Lots I 6. 2 ^'p^of^?ot'fr^co:>?^n^e"^^ icgarnon-confor^lng use boLuso it is located beyond 200' from the ^oinnerclal area. A^so recognized is existing substandard tront yard setback of 4. ( a variance of 31 fj .. Access to I.ots I 2 to rerMin as constructed with a private essenent provided to lot I ov«'i‘ t.ot 2. , ' Platting and do.JieUion .‘l dr.inu-.e and utlllrv easements alon- m. lot lines except ilie sb-'-.r'l in-^. t* jH / • {► • \ i lit !•» * w •' Vv •^ _ _ _ V, ;• B . ^ssif$3?v December 21, 1978 James K. Lindsay 2505 Kelly Avenue Subdivision Pago 2 ■• :-v ■ • • '• •?:’ i-'*.* r’j•-•r*, JrW.U 55;^' ix-aS" m.»iitl ^U^•^K^•G eOMMTSSIOM MEEIIKO - Planning Commisaion gave conceptual approval! Avenue Duplexes Subdivision* Tbe following. with applicant: 1. 2. 3. 4. Need for an accurate determination Issue of mutual dock vs three individxial out with staff. Duplex on Lot 3 to be recognized as a lagal^uM*!:d<wf09^^ applicant to be aware of significance - - Question of Lot 3 duplex being located district to be resolved. STAFF RECOMMENDATION - ^t^RCH 2-6, 1979 Scaff recommends pireliminvary approval of the three lot Kelly Avenue Duplex Company's plac subject to the following conditions: • * 1. 2. 3. Developers enter into a Conservation and Flovage Easemeixt with the City. Joint dock to remain serving all three lots because of wetlands along lakeshorc. Duplex on Lot 3 will require a front yard setback variance of 29'* PUBLIC INFORMATION MEETING - APRIL 9, 1979 Planning Cotirnission recommended preliminary plat approval as proposed subject to the following conditions: 1. 2. 3. 4. 5. Docks to remain as a licensed joint use dock, 1 alip per unit, total 6, wich Outlet A platted to provide the comnon access* This avoids Construction of docks across the wetlands. Platting of drainage casement over wetlands on proposed Lots I A 2 tvith flow.igo and cons•.*rvition casement to the City. IXiplex on Lot 3 to continue as a recognized legal non-conforr’lng use because it is located beyond ?00' from the commercial are.a. Also recognized is existing substandard front yard setback of 4' (a variance of 31 f . X . Access to Lots I ^ 2 to rerr>.iln as constructed with a private easenont provided to l.ot I I'vof l.ot 2. Platting and doilloition of ilfiIn»>*o and utlltrv easrmf'nts alon^. >5; lot lines except tlio ino. fr m' • • r'.' *.• m 7 V... ■ • • :-U~ ■ i ' - ’ ' * . ’* 4*« * -4** \ #^.***1 r^- * * •* - - - - - : * . .* •• . 2505 Kelly Avenue . •> : •. : Subdivision Pago 3 STAF? ■ ■; . •'. ■• ?/>*• V- • •. ■•• - ••■. "^.'\ -W .• • ‘‘i.r .f .'•. « •s .-'r..^ • *. I.1: • t : i !E if t- l: »~V *f»» r COUNCIL MEETING REQUEST FOR COUNCIL ACTION JUL 13 1998 CrTYOFCftONO DATE: July 13, 1998 ITEM NO.: Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Schedule Assessment Hearing for Navarre Treatment Plant Rehabilitation Bids have been received for this project. The low bidder for the project is Shank Constructors, Brooklyn Park. Bonestroo Engineers has worked with this company on several other projects and found them to be a competent and responsive contractor, and they are recommending award of the construction contract to this company. A bid tabulation is attached for your information. Project Costs with Shank Construction Bid Construction $636,600 Engineering & Contingency $127,400 Total Estimated Project Costs $764, Feasibility Report Project Costs mu III$616,1 $124,000 $740,000 The proposed project financing in the feasibility report is listed below Assessments Water Fund Reserves Internal Loan $263, $200, iim $350 per unit over 5 years nil $277,000 Building Fund Loan, repayment with interest over 10 years The estimated amount available from assessments was based on counting one assessment for each parcel with t' House or commercial building. Residential duplex units were counted per dwelling unit. We iidve completed a final assessment roll. There are many cases where one homeowner owns se'-eral tax parcels next to their house that they are using for their yard. These adjacent parcels are non-conforming to the current zoning regulations and will not be assessed. In several areas theie are dock lots and outlets for lake access that are not buildable, and these will not be assessed. Since u.e public hearing, we have received written requests that these unbuildable dock lots etc. not be assessed. Assessments for Commercial Accounts There was concern at the public hearing about the proposal for one assessment per commercial building. This proposal was suggested because about two-thirds of the project costs will be paid for through water rates, and the higher volume commercial users will pay more for the project thiough water rates. The tliought was to keep the assessments low to reduce possible assessment appeals from the users with large numbers of sewer units. Below is a tabulation of the commercial accounts with their number of sewer units. Tabulation of Sewer Units for 24 Commercial Accounts Number of sewer units 2 3 4 5 11 26 41 Number of occurrences 10 2 6 3 1 1 1 In response to the comments received at the public hearing, we have developed an alternate proposal for assessing commercial users. Our recommendation is to assess commercial users $350 per sewer unit with a maximum assessment of five units, this results in a maximum assessment of $1,750 per commercial property. There are only three users with more than five units Attempting to assess these three large users for all of their sewer units would result m large assessments and possible assessment appeals. The largest user would receive an assessment of $14,350 which may not be sustainable in an appeal process. Two-thirds of the project cost is being funded through water rates, so the larger commercial users will be paying more for the project through water rates. This proposal addresses the concerns about higher assessments for commercial users and reduces the possibility of assessment appeals. Proposed Project Financing As.sessments $295,llill $3.*0 per unit over 5 years (Co.nmercial assessments at 5 unit maximum) Water Fund Reserves $200,000 Internal Loan $269,mi Building Fund Loan, repayment with interest over 10 years Total Project Cost $764,000 1 ! i ! M Schedule Assessment Hearing The next step is to conduct an assessment hearing for this project. We are proposing that this hearing be held at the regularly scheduled Council meeting on August 10th at 7:00 p.m. Based on the attendance and comments received at the public hearing, we are not anticipating a significant attendance at this hearing to warrant a special Council meeting. Pending no written objections to the assessments at the hearing, we are proposing to award the construction contract after the assessment hearing; and will have a resolution prepared to award the contract then. The proposed schedule is for the contractor to order equipment, to allow time for delivery, with construction to start in November. COUNCIL ACTION REQUESTED: Approve resolution ordering project costs to be assessed. The proposed assessment costs include a maximum commercial assessment of five units. Approve resolution scheduling assessment hearing for August 10th at 7:00 p.m J A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR NAVARRE WATER TREATMENT PLANT REHABILATION Pl^nf tu determined for the improvement of the Navarre Water Treatment incu “^*n S636,600.00 and the expenses incurred or to improv^em “Kaor’’"' •*>' “P*' MINNESOTA;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, 1. 2. 3. 4. The total cost to be assessed against benefited property ou-ners is declared to be $295,000.00. JmnnnM the properamount to be specially assessed for such improvement against every assessable lot, piece or rri t n valuation, as provided by law, and shall file a copy of such proposed assessment in the Clerk ’s office for public inspection. hereof completion of such proposed assessment notify the Council Adopted by the City CouncU of the City of Orono, Minnesota at a regular meeting held July 13,1998. A'rTEST:Gabriel Jabbour, Mayoi Linda S. Vee, City Clerk A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT NAVARRE WATER TREATMENT PLANT REHABILITATION PROJECT WHEREAS, by a resolution passed by the City Council on July 13,1998, the City Clerk was directed to prepare a proposed assessment of the cost of the Navarre Water Treatment Plant rehabilitation project; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the Clerk's office for public inspection. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF OR -NO, MINNESOTA: 1. A hearing shall be held on the 10th day of August, 1998 in the Orono Council Chambers, 2780 Kelley Parkway, at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City, except that no interest may be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at anytime thereafter, pay to the City the entire amount of the assessment remaining unpaid, with the interest accrued to December 31 of the year in w'hich such payment is made. Such payment must be made before November 15 or interest will be charged tluough December 31 of the succeeding year. Adopted by the City Council of Orono, Minnesota at a regular meeting held July 13, 1998. Gabriel Jabbour, Mayor ATTEST: Linda S. Vee, City Clerk ^ i Bonestroo Rosene Anderlik & Associates Engineers & Architects Bonestroo. Posene. Anaertik tmd Associates. Ine. Is an Affirmative Acuon/Cquat Opportunity Ernpi- Principals: Otto G Bonestroo, P£ • Joseph C. Anderlik. P.£ . Marvin L. Sorvala. P£ . Bicnard E. Turner. P£ . Glenn R. Cook. P£. • RoOeri 0 Schunicht. P£, • Jerry A. Bourdon, P£. . Ro&ert W Rosene. P.£ and Susan M. EherJin. C RA.. Senior Consultants Associate Principals: Howard A. Sanford. P£. • Keith A Gordon. P£. . fioDert R. Pfefferle PE . Richard W. Totter. P£. . Oavid O loskota. PE • Robert C. Russek. A.I.A. . Mark A. Hanson. P£ . MichajI r fiautmann. P£ . Ted K.Field. PE . Kenneth R Anderson. PE. • Mark R. Rolfs, PE. . Sidney P Williamson. p.£ . LS. • Robert F. Kotsmith • Agnes M. Ring • Michael P Rau. PE • Allan Rick Schmidt. R£ ^ : OU/ces: St. Paul. Rochester. Wilimar and St. Cloud. MM • v»i .vaukee Wl Website: wwwboncstroo.com July 8,1998 Mr. Greg Gappa, P.E. Director of Public Services City of Orono P O Box 66 Crystal Bay. MN 55323-0066 Re: Navarre WTP Renovation BRA He No. 13997 Dear Greg: On July 1,1998 seven bids were received for the referenced project. The three low bids are as foUows:' Contractor Bid Amount Shank Constructors: $636,600 Total Mechanical Services: $641,400 Harris Mechanical Contracting: $676,318 A detailed tabulation of the five low bids is attached for you reference. Bidding was very competitive as evidenced by the number of bids received, the close bid prices, and the low bid being significantly below the engineer ’s estimate of $700,000. The preliminary estimated project costs were as follows: Construction: $616,000 Engineering and Contingency $123.200 Total Estinu.ted Project Cost: $739,200 Based on the scope of work contained in the final plans and specifications, the engineer ’s estimate of construction cost was revised from $616,000 to $700,000. The proposed project financing was as follows: Assessn-»ents: Cash Reserves: Internal loan from sewer fund: Total: $263,200 $200,000 $276.800 $740,000 Based on the low bid price of $636,600 the total project cost is estimated as follows: Construction Cost: Engineering and Contingency (20%) Total F<fimat«»d Cnsfr $6S6,600 $127.400 $764.000 2335 West Highway 36 - St. Paul, MN 55113 ■ 612-636-4600 - Fax: 612-636-1311 I < If the assessments are not raised from $350 per property served, it is estimated that the combination of funds from rash reserves and the internal loan will need to be raised from $476,800 to $500,800. To^^proceed with this project, the City should review the bids and schedule an assessment hearing at the July 13* Council Meeting. The assessment hearing could be scheduled for the August 10* Council Meeting. It would be desirable to award the construction contract at the August 10* Council Meeting just after the assessment hearing. However, the City could choose to award the construction contract at the September 14* Council Meeting, following the 30 day assessment appeal period. ^Ve have worked with the low bidder. Shank Constructors, on new water plant and water plant renovation projects in Apple Valley, Eagan, Chaska, and Maple Grove, and have found Shank Constructors to be a competent and responsive contractor. Therefore, we recommend that the City of Orono award the construction contract to Shank Constructors if the City decides to proceed with this project. Please feel free to call me at 604-4 /97 with any question about this pioject. Sincerely, BONESTROO, ROSENE, ANDERLK & ASSOCIATES, INC. Cc: Jack Brinkhaus, City of Orono Barry Rathbun, City of Orono rr Project Name Navarre Waer Treament Facility Renovation^nderfikfi >roject No.Associates File No. 13997Ehoincm4Ard>itetti?id Opening 11:00 A.M., C.D.S.T., Wednesday. July 1,1998 Owner City of Orono I hereby certify that this is at: exactreproduction of bids received.BID TABULATIONTabulation of Five Low Bids of Seven Received John R. Hemming, P.E. Registration No. 24414 No.Item Unit Qty. Itaa Part I'Water Treatment FadllIjrRenoTadon Base Bid Total price for the renovaH<'r. of the Navane Water Treatinent Facility, including demolition, process equipment (by base bid manuCactnren. as described in Part 111 of this Proposal) plumbing, HVAC electrical work, controls and instrumentation, process ^ping, painting, and all other items shown, specified, or implied to place the facility into full operation for the LUMP SUM of; Part n • Unit Price for Unidentified Steel Repairs Steel Fbmish ASTM A36 Stnictural Steel of ' various shapes, if necessaiy for softener vessel or filter tank repairs Welding Weltfing, including labor, equipment, and materials, if necessary for softener vessel or filler tank repain Grinding GiiniBng. including labor, equipment, and materials, if necessary for softener vessel or filler tank repairs Total Part n • Unit Prices for Unidentified Steel Repairs HR t\139M3997U3997bLwb2 200 100 Bid No. 1 Shank Constructors, Inc. Unit Price Total 6.00 55.00 46.00 627.600.00 1,200.00 5.500.00 2,300.00 9,000.00 Bid No. 2 Total Mechanical Services. Inc. Unit Price Total Bid No. 3 Harris Mechanical Contracting. Co. Unit Price Total 628,000.00 7.00 1.400.00 80.00 8,000.00 80.00 4,000.00 13,400.00 BT-1 668,500.00 0.38 76.00 54.78 5.478.00 45.28 2.264.00 7.818.00 Bid No. 4 Municipal Builders. Inc. Unit Price Total 2J0 95.00 70.00 672,700.00 500.00 9,500.00 3,500.00 13,500.00 Bid No. 5 Gridor Construction, Inc. Unit Price 4.00 92.00 Total ■ 717,800.00 800.00 105.00 10.500.00 4.600.00 15.900.00 -'41 990 SCADASyst 16902 Snbeoiitraeb Sak Elecirical PncessEquii Chemical Fee Piping/Plomb , Fainting Total Part 1*1 Total Partn- Total Bate Bl l:\139\13997\I3997i ka Equip. Co. lea Equip. Co. COUNCIL Meeting JUL 13 CITYOFORONO REQUEST FOR COUNCIL ACTION Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed: DATE: July 13. 1998 ITEM NO.: j j Agenda Section: Engineer's Report Item Description: Request for Payment #7, Bracketts Point/Bay Ridge Sanitary Sewer Project We have reviewed the information submitted by the City's engineering firm and recommend approval of this Request for Payment COUNCIL ACTION REQUESTED: Motion to approve Request for Payment #7, Bracketts Point/Bay Ridge Sanitary Sewer Project to Barbarossa & Sons in the amount of $21,648.41 1 Boneitroo Rosene Anderiik& Aoodate^ lnglrKtrs4AnMKecU 1 St Owner City of Orono, P.O. Box 66, Crystal Bay, MN 55323 Date: July 8. 1998 For Period:February 17.1998 to July 7.1998 Request No: 7 Contractor Barbarossa & Sons. P.O. Box 367. Osseo. MN 55356 ■ *REQUEST FOR PAYMENT BAY RIDGE AND BRACKETTS POINT SANITARY SEWER IMPROVEMENTS File No. 13990. • SUMMARY 1 Original Contract Amount 2 Change Order • Addition 3 Change Order • Deducdou 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Pre>dously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. $ $ 55.538.00 $ $ $ $ $ $ $ $ 523J40.00 579.278.00 486.256.55 0.00 486.256.55 24.312.83 461.943.72 440.295.31 21.648.41 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCUTES, INC. Specified Contract Completion Date: l:\139\13990\nEQUEST6.WB2 Approved by Owner. City of Orono No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 14A 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Item 8 PVC, SDR 35, O'- 8’ deep in place 8 PVC, SDR 35, 8'-10' deep in place 8 PVC, SDR 35,10'-12' deep in place 8 P^ C, SDR 35,12'- 14' deep in place 8 PVC, SDR 35,14'-16' deep in place 8 PVC, SDR 35,16'-18' deep in place 8 PVC, SDR 26,12'-14* deep in place 8 PVC, SDR 26,14'- 16' deep in place 8 PVC, SDR 26,16'-18' deep in place 8 DIP, 8'-10* deep in place 8 DIP, 14'- 16'deep in place Std. MH 8' dp., 4' dia., W/R1642B cstg. MH depth greater than 8' deep Force main access manhole Outside drop Directional bore 8" HDPE SDR 17 3"HDPE,SDR11 Directional bore 3" HDPE SDR 11 Connect 3" HDPE to exist MCES FM stub Connect 3" HDPE into existing manhole Lightweight aggregate 3 X 3" HDPE tee with cap 2" X 1-1/2" HDPE reducer 3 X 45 degree HDPE bend 8" X 4" PVC service wye branch 8" X 2" wye 4" PVC service pipe in place, SDR 26 4" PVC service riser pipe in place. SDR 26 4 HDPE service pipe directional bore 1-1/2" HDPE service pipe directional bore Improved pipe fdn. in 6* increment depth Mechanical trench compaction Insulation Sanitary sewer television inspection Submersible Pump Lift Station 1 Submersible Pump Lift Station 2 Total Part 1 - Sanitary Sewer l:\139\13990\REQUEST6.W3 2 Unit Contract Quantity Unit Price Quantity to Date LF 975 31.00 823 LF 547 32.00 511 LF 831 33.00 1,237 LF 582 34.00 581 LF 95 35.00 55 LF 50 36.00 76 LF 41 36.00 10 LF 82 37.00 150 LF 210 38.00 170 LF 20 50.00 20 LF 12 54.00 4 EA 17 1,700.00 15 LF 39.4 85.00 43.3 EA 1 2,000.00 1 LF 8.2 300.00 4.1 LF 630 29.00 624 LF 1,815 20.00 1.772 LF 184 24.00 184 EA 1 3,000.00 1 EA 1 1,000.00 1 LF 1,010 30.00 1,010 EA I 50.00 EA I 25.00 • EA 5 30.00 2 ■A 22 30.00 26 iA 1 50.00 -F 850 20.00 653 35 20.00 P 300 24.00 300 P 120 24.00 F 1,950 3.00 1,000 F 1,950 1.00 2,144 V"20 20.00 11 F 4.075 0.60 40.000. 00 40.000. 00 Amount to Date 25.513.00 16.352.00 40.821.00 19.754.00 1.925.00 2.736.00 360.00 5.550.00 6.460.00 1,000.00 216.00 25.500.00 3.680.50 2,000.00 00 18.096.00 35.440.00 4.416.00 3.000. 00 1.000. 00 30.300.00 60.00 780.00 13.060.00 7.200.00 3.000.00 2.144.00 220.00 39.200.00 39.200.00 $350,213.50 ^0 45 46 47 48 49 50 51 52 53 54 55 56 57 59 60 61 62 Part 2 - Restoration 36 Bituminous surfacing removal SY 4,000 1.50 4,000 6,000.00 ; 37 Common excavation CY 2,100 3.50 808 2,828.00 38 Class 5 aggregate base (100% crushed)TN 2,500 9.00 1,746 15.714.00 39 Type 31 bituminous base course TN 600 28.50 ..599 17,071.50 40 Type 41A bituminous wearing course TN 600 29.00 • 41 Geotextile fabric SY 4,700 1.25 2,687 3,358.75 42 Bituminous material for tack coat GL 300 1.20 43 Bituminous street patching SY 700 6.75 700 4,725.00 44 Clearing and grubbing LS 1 5,000.00 1.0 5,000.00 Sawcut bituminous LF B ituminous driveway restoration S Y Concrete driveway restoration SF 27* diam. catch basin with casting EA Remove existing CMP culvert LF Furnish and install 15* CMP culvert LF 15* CMP flared end EA Boulder retaining wall SF Sod with 4* topsoil SY Seed with topsoil, mulch and fertilizer AC Erosion control fence LF Wild flower seeding SF Furnish and plant Evergreen Tree (Blue Spruce) 6' high EA Furnish and plant shade tree (Sugar Maple) 4" diameter Remove and replace wood or chain link fence LF 100 600 100 1 150 150 4 80 13,000 0.4 1,000 800 Remove and transplant bushes Remove and transplant tree • Desiduous Remove and transplant tree - Coniferous Total Part 2 • Restoration Change Order No. 1 ADD Residentail simple grinder pump stations Total Alternate No. 2 EA EA EA 20 300 40 •'15 15 6.00 6.75 10.00 • 1,000.00 1 1,000.00 5.00 65 325.00 20.00 S3 1,060.00 150.00 14.00 66 924.00 2.00 10,062 20,124.00 3.280.00 0.11 360.80 2.00 590 1,180.00 OJO 220.00 9.5 2,090.00 600.00 8 4,800.00 16.00 97 1,552.00 50.00 6 300.00 300.00 2 - 600.00 300.00 Alternate No. 3 Bid • Directional Bore 8" HDPE, MH-1 toMH-9 i:\139\13990\REQUEST6.WB2 66 67 68 69 70 ADD Directional bore 8" HDP, SDR 17 DEDUCT 8-PVC, SDR 35. Ky-lTdeep 8 “ PVC, SDR 35.12‘-14’deep 8-PVC. SDR 35.14*. 16* deep 8" PVC. SDR 35.16‘-18’deep Lightweight aggregate Total deduct Total Alternate No. 3 Change Order No. 1 Total Total Change Order No. 1 Total Part 1 - Sanitary Sewer Total Part 2 * Restoration Total Change Order No. I Total Work Completed to Date k\139M 3990tnEQUEST6.WB2 LF 1010 90.00 1010 90.900.00 LF -400 33.00 -400 (13.200.00) LF -515 34.00 -515 (17.510.00) LF -45 35.00 -45 (1.575.00) LF -50 36.00 -50 (1.800.00) LF •1010 30.00 •1010 (30.300.00) ($64,385.00) $26,515.00 17 Directional bore 3’ HDPE, SDR 11 LF 783 24.00 691 16.584.00 65 Directional bore 8* HDPE, SDR 17 LF 446 90.00 376 33.840.00 67 8- PVC. SDR 35.12’-14’ deep LF.115 34.00 115 3.910.00 68 8- PVC. SDR 35.14'-16- deep LF 5 35.00 5 175.00 70 Lightweight aggregate LF 40 30.00 40 1.200.00 Total $55,709.00 DEDUCT 1 8- PVC. SDR 35. V-V deep LF -253 31.00 -253 (7.843.00) 16 3" HDPE. SDR 11 LF -783 20.00 -783 (15.660.00) 66 8- PVC. SDR 35.1(7-12* deep LF -435 33.00 -435 (14455.00) 69 8- PVC. SDR 35.16*-18* deep LF -26 36.00 -26 (936.00) ($38,794.00) $47,030.00 $350,213.50 $89,013.05 $47,030.00 $486456.55 f J r PROJECT PAYMENT STATUS Owner City of Orono Project No. 13990 File No. 13990 Contractor Barbarossa & Sons CHANGE ORDERS Amountno. 1 08/19/97 Chanees due lo unstable soils encountered 55.538.00 2 3 Total Chanee Orders S55338.00 PAYMENT SUMMARY 1 Start 09/03/97 117,239.45 6.171.55 123.431.00 2 09/03/97 10/06/97 167.485.24 14.986.56 299.731.25 3 10/06/97 lC/15/97 94.305.55 19.950.01 399.000.25 4 10/15/97 11/04/97 24.270.12 21.227.39 424.547.75 5 11/04/97 12/02/97 28.075.35 22.705.04 454.100.75 6 12/02/97 02/17/98 8.899.60 23.173.44 463.468.75 7 02/17/98 07/07/98 21.648.41 24.312.83 486.256.55 8 9 10 NIaterial on Hand Total Payment to Date $461,943.72 Ori^nal Contract $523,740.00 Rctainaee. Payment No. 7 24.312.83 Change Orders 55.538.00 Total Amount Earned $486,256.55 Revised Contract $579,278.00 l;\139\13990\REQUEST6.WB2 »• ;) • COUNCIL MEETING REQUEST FOR COUNCIL ACTION JUL 1 3 1998 CTTYOFORONO DATE; July 13, 1998 ITEM NO.: Department Approyal: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description; Request for Payment North Long Lake Sanitary Sewer Project We have reviewed the information submitted by the City's engineering fimi and recommend approval of this Request for Payment. COUNCIL ACTION REQUESTED: Motion to approve Request for Payment North Long Lake Sanitary Sewer Project to Barbarossa & Sons in the amount of $15,111.13 r Bonestroo Rosene Anderlik& Associates MneerfftA/chitccti i City of Orono. P.O. Box 66. Crystal Bay. MN 55323-0066 March 2, 1998 to July 7. 199« Barbarossa & Sons, P.O. Box 367. Osseo. MN 55369 REQUEST FOR PAYMENT NORTH LONG LAKE AND LONG LAKE COUNTRY CLUB SANITARY SEWER IMPROVEMENTS File No. 13988 Date: July 8. 1993 Request No: 9 SUMMARY 1 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 2 3 4 5 6 7 $ $ 85.844.00 737.00 $ $ $ $ y y $ 874,930.01 960.037.01 858.629.20 0.00 858.629.20 42.931.46 815,697.74 800.586.61 15.111.13 Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC Approved by Owner: City of Orono Specified Contract Completion Date:Date: l:M 39\13988\REQUESTa.WB2 CONTRACTOR'S COPY FOR YOUR FILE ' r No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Item 8" PVC, SDR 35, O'- 8* deep In place 8" PVC, SDR 35,8'-10* deep in place 8- PVC, SDR 35,10*-12* deep in place 8" PVC. SDR 35.12*-14* deep in place 8- PVC. SDR 35.14*. 16* deep in place 8- PVC, SDR 35.16’-18* deep in place 8" PVC, SDR 26.14*. 16* deep in place 8- PVC. SDR 26.16*. 18* deep in place 8*’DIP. 10'-12* deep in place 8" DIP, 16'- 18’ deep in place Std. MH 8’ dp., 4' dia., W/R1642B cstg. MH depth greater than 8* deep Directional bore 4“ HOPE SDR 17 4- HDPE. SDR 17 Air release manhole 1- 1/2" curb stop and box Connect 4" HDPE into existing manhole 4" 45 degree HDPE bend 4" tee with cap 4- X 2* HDPE tee 4- X 4" HDPE tee 2- X 1-1/2" HDPE reducer 2" X 45 degree HDPE bend 4" X 2" wye 8" X 4" PVC service wye bianch 8" X 2" wye 2" X 1-1/2" reducer 4“ PVC service pipe in place, SDR 26 4" PVC service riser pipe in place, SDR 26 4" HDPE service pipe diiecdonal bore 1-1/2" HDPE service pipe directional bore Improved pipe fdn. in 6* increment depth Mechanical trench compaction Insulation Sanitary sewer television inspection Submersible Pump Lift Station I Submersible Pump Lift Station 2 Total Part 1 - Long l-aVe Sanitary Contract Unit Quantity AmountUnitQuantityPriceto Date to Date • LF .232 28.00 139 3.892.00 LF 752 29.00 1,071 31,059.00 LF 1.303 30.00 974 29,220.00 LF 981 31.00 1,309 40,579.00 LF 1,024 32.00 968 30.976.00 LF 63 33.00 185 6.105.00 LF 220 35.00 138 4,830.00 LF 188•36.00 LF 40 38.00 40 1.520.00 LF 20 41.00 20 820.00 EA 24 1,440.00 24 34460.00 LF 97 100.00 102.7 10.270.00 LF 140 20.00 140 2.800.00 LF 5,812 8.40 5,716 48,014.40 EA 2 1.900.00 2 3.800.00 EA 3 350.00 3 1.050.00 EA 1 1,000.00 1 1.000.00 EA 16 50.00 10 500.00 EA 1 55.00 2 110.00 EA 3 50.00 3 150.00 EA 1 50.00 EA 3 35.00 3 105.00 EA 3 30.00 4 120.00 EA 2 30.00 I 30.00 EA 48 50.00 55 2.750.00 EA 5 50.00 2 100.00V- EA 7 30.00 7 210.00 LF 1,465 18.00 1,285 23,130.00 LF 35 18.00 44 792.00 LF 225 20.00 197.5 3,950.00 LF 225 10.00 561 5,610.00 LF 6.500 0.01 6400 65.00 LF 6.500 1.00 4,844 4,844.00 SY 50 10.00 22 ■ 220.00 LF 4.808 0.42 LS 1 44,200.00 0.93 43.316.00 LS 1 44.700.00 0.98 43.806.00 $380,303.40 l;\139\13988UtEQUEST8.WB2 LB 1,370 1.00 850 850.00 LF 590 1.00 639 639.00 LF 595 0.01 100 _1.00 $24,658.00 EA 20 300.00 51 15300.00 EA 2 1.000.00 2 2,000.00 EA 5 1,200.00 5 6,000.00 LF 17 125.00 5 625.00 SY 11,600 1.00 11,500 11.500.00 CY 3,700 3.25 4,532 14.729.00 TN 8,000 9.20 9,257 85.164.40 TN 1,200 23.50 1,496 35.156.00 TN 900 27.50 SY 11,000 1.00 10,819 10,819.00 GL 550 LOO SY '■300 6.50 300 1,950.00 LF 100 5.00 LF 650 1.50 SY 1,550 6.50 1.453 9,444.50 SF 3,200 3.50 169 .591.50 LF 233 22.00 86 1.892.00 LF 141 24.00 121 2,904.00 LF 20 26.00 • EA 2 900.00 1 900.00 LF 595 1.00 207 207.00 LF 595 0.01 LF 450 2.00 100 200.00 450 12.00 427 30 100.00 16 12 30.00 12 28.000 2.25 11.481 2 1.550.00 0.90 1.000 2.50 . 1.000 750 1.50 524 6 225.00 7 6 500.00 1 600 15.00 100 12 75.00 12 150.00 15 150.00 11 50.00 11.00 _ 1 18.600.00 0.98 1.160 1 6.00 1.105 1 2 50.00 2 EA 15 500.00 15 7400.00 EA '*•3 1.440.00 3.00 *■ 4420.00 LF 6 100.00 6,00 600.00 $12,420.00 EA 2 845.00 2 1.690.00 (154)22.00 (154.00 (1)900.00 (1 4 1.200.00 4 3 125.00 3 400 1.00 400 5,400 3.25 5.400 206 1.50 206 209 24.00 209 COUNCIL MEETING REQUEST FOR COUNCIL ACTION JUL 1 3 1998 CmfOFORONO Department Approval: Name: Title: Gary Cheswick Chief of Police Administrator Reviewed: y Date: June 8, 1998 Item No: /3 Agenda Section: Item Description: Funding for Tw’o Emergency Sirens Exhibits: Quotation DISCUSSION None COUNCIL ACTION REQUESTED Enclosed with this memo is a quotation for $33,338.02 which we received from Federal ar^gs Systems. This will allow for the purchase of two 127 DB sirens with DC battery back up. 1 he following is a description and cost break down of the equipment: -Two (2) 2001 240 volt 12.7 DB rotating sirens $15,800 -Two (2) 60 ft. class 2 poles including installation, tax and shipping 7,850 -Two (2) Healy Ruff radio activators Total 8661.02 $33,338.02 The Fedei^ Signal Corporation is a major manufacturer of emergency sirens and is the main supplier of sirens throughout the Metro area, including the two currently used within our city. The location for these sirens, as previously discussed, would allow for one in the Crystal Bav area, and the second placed near Watertown and McCulley Road. ACTION REOUESTF.n' n-TTr r'*’^ inslallation of two emergency warning sirens at a reflect the e.xpenT general fund reserves, and to amend the 1998 budget to r COUNCIL MEETING REQUEST FOR COUNCIL ACTION JUL 1 3 1998 Date: June 8, 1998 CriYOFORONO Item No: /3 Department Approval;Administrator Reviewed: Name: Title; Gary Cheswick Chief of Police Agenda Section: Item Description; Funding for Two Emergency Sirens Exhibits: Quotation DISCUSSION None COUNCIL ACTION REQUESTED Enclosed with this memo is a quotation for $33,338.02 which we received from Federal Warnings Systems. This will allow for the purchase of two 127 DB sirens with DC battery back up. The following is a description and cost break down of the equipment: -Two (2) 2001 240 volt 127 DB rotating sirens (tax) -Two (2) 60 ft. class 2 poles including installation, tax and shipping $15,800 1027 7,850 -Two (2) Healy Ruff radio activators 8661.02 Total $33,338.02 The Federal Signal Corporation is a major manufacturer of emergency sirens and is the main supplier of sirens throughout the Metro area, including the two currently used within our city. The location for these sirens, as previously discussed, would allow for one in the Crystal Bay area, and the second placed near Watertown and McCulley Road. The activation of these sirens would be the same as the two existing units, which is provided through Hennepin County Communication. ACTION REQUESTED: Motion to approve the purchase and installation of two emergency warning sirens at a cost of $33,338.02, to be funded from general fund reserves, and to amend the 1998 budget to reflect the expenditure. i FRCDM : FEDERAL UARNING SYSTEMS JUN.16. 1998 2:05PM P2 PHONE NO. : 5072824106 If QUOTATION FEDERAL SIGNAL CORPORATION Foderal Warning Systems Quotation No.:FWS.9910 n^fsrmnGo quoto no, on your ardor ----CITY OP-ORONOi-MN Date ..Juna 16^- T-99S. Co. Name Po^-ice Chief Gary Cheswick PO Box 96AcMrece . Ratefanea fOF Outdoor WarMng Sirens city, state. Zip Cry&tal Bay, MN 55324 Phono No--------612-/^73 .73B -7 -------^------------ Fax 1.0-----------612/4-? 3-771 Q------------------- CUSTOMER COPY SALESPERSON COPY OFFICE COPY W V m w^ a • *“■ .* •••** Upon receipt of your order and acceptance by Federal Signal Corporation, the equipment herein- will be supplied at the quoted prices below. Delivery schedule cannot be oelabliehed until radio Information Is supplied, If nppileable. ITEM NO.QTY.FEDERAL MODEUPARTNO.VOLTAGE COLOR OR FINISH DESCRIPTION NET COST EACH TOTAL COST 1 2 2001 SRN J4O/10 G 127 db Rotating AC Siren • • 2 2 2001 AC J40/1P G AC Control Cabinet ♦ • 3 2 2001 HR Holding Relay for- Healy-Ruff e • • • * * $15,800.00 4 1 MISC.MN Sales Tax‘6.5% • •1,027.00 5 2 Shipping from Faetory .-250.00 6 2 BO'TtvvClass 2 Poles, -Instalat on •.7,600.00 7 1 TOTAL •Equipment, Tax,..Shipping, Inst nation'$24,677.00 1 ♦Does not include H »aly-RJff Ra Jio Activation avalla.ble on cou ity —,• .contract with Heal Ruff Compa iy ♦♦Instaltion quoted on ovjrhead wiring at sites.,If un.dergroun J • • •3333^0^ or distant from :ransf)rmer installer would have to make on ■site to properly quot . • •• • • • • • • 1 •• ThisPrices are firm for 30 days from the data of quotatl mi unless shown othenrise. Upon acceptance, prices are firm lor fdavs/monthsi quotation Is e^ressly subject to acceptance by Buyer of alt Terms stated on the reverse side hereof, and any exception tb or modifications ol such Terms shall not be binding on Seller unlese expressly acc rpted In Writing by an authorized agent or Officer of Seller. Any order eubminod to SeOer on the basis aet forth above. In whole or In part shall conciituti an acceptance by Buyer of the Terms on this and the reverse side hereof. Any such order shaD ba subject to acceptance by Seller in iis discretion. If the total price for the items set forth above exceeds $50,000 then this quotation IS ONLY VALID if countersigned below by a Regional Manager ol the Signal Divblon, Federal Signal Corporation. F.O.B. OronOt MN TERMS Net after Completion EST. DEL. WT.11^0) LBS, DELIVERY _45 days Purchase order MUST be made out to: Federal Signal Corporalion, Federal rs-tsssa ADDRESS: S^^afes Represontative NING SYSTEMS Rochester, MN (ARO) BY;. Federal SijnalA^ountersigned TITLE: Warning Systems, 2645 Federal Signal Drive, University Park. IL 60466-3195 f -% I a COUNCIL MEETING REQUEST FOR COUNCIL ACTION JUL 13 1998 Date: June 7,1998 cmroFORONO Item No: Department Approval:Administrator Reviewed:Agenda Section: Name: Title:Chief of Police Item Description: Federal Funding for Natural Disaster of May 15,1998 Exhibits:Resolution DISCUSSION None COUNCIL ACTION REQUESTED Accompanying this memo is a model resolution authorizing execution of a sub-grant for federal disaster 1225-DR MN. This resolution provides the City of Orono a means of receiving reimbursement for employee wages and equipment cost for the natural disaster that occurred on May 15,1998. ACTION REQUESTED: Pass Council Resolution ^ I STATE OF MINNESO TA SUB-GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB-GRANTEES Grantor Program: Federal Disaster Assistance DR-1225 RESOLUTION EXHIBIT V RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT Be it resolved that (Name of organization/Local Unit of Government) enter into a Sub-grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1225 DR-MINNESOTA. (Name and Title of authorized official) to execute and sign such Sub-grant Agreements and amendments as are necessary is hereby authorized to implement the project on behalf of (Organization/Local Unit of Government) I certify that the above resolution was adopted by the (Executive Body)(Organization/Local Unit of Government) on (Date) SIGNED;WITNESSETH: (Signature)(Signature) (Title)(Title) (Date)(Date) NtPS-DEM l>cemb«4. 1995 I j * ! . l! r COUNCIL iNu JUL 13 i998 CITYOFORONO Department Approval: Name RonMoorse Title City Administrator REQUEST FOR COUNCIL ACTION Administrator Reviewed: DATE: July 9, 1998 ITEM NO: Agenda Section: City Administrator’s Report Item Description: Saga Hill Access Background A condition of the City Council's approval of the most recent grant application for the acquisition of additional open space in the Saga Hill area was that a determination be made regarding the provision of access to the Saga Hill park area. On June 8,1998, a public infomiation meeting was held to update the property owners in the Saga Hill area regarding the access issue and to receive their comments. At the completion of the public information meeting, the Council directed staff, the Mayor, and the City Attorney to work with the Fairview Covenant Church regarding the provision of access to the park area. Access Arrangement with Fairview Covenant Church The Fairview Covenant Church is agreeable to an arrangement under which the City would vacate its existing 10' wide alleyway right-of-way that runs through the middle of the Church property in exchange for alternate right-of-way for an access to the park area from Tonkaview at the east end of the Church property; and under which the City would have use of the Church property adjacen to the park area for park uses for a number of years in exchanp for the City providing for a bituminous overlay of the main Church parking lot, and maintaining the property to be used for park use. The Church has requested the City adopt a resolution setting out its position regarding this arrangement. A resolution is attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt the attached resolution regarding an arrangement with the Fairview Covenant Church for access to the Saga Hill park area. r A RESOLUTION REGARDING AN ARRANGEMENT WITH THE FAIRVIEW COVENANT CHURCH FOR ACCESS TO THE SAGA HILL PARK AREA WHEREAS, the City of Orono is interested in obtaining a workable, long-term access to the Saga Hill park area; and area; and WHEREAS, the Fairview Covenant Church owns land adjacent to the Saga Hill park .....—s's.xr.vr/z; WHEREAS, the current alleyway does not provide complete access to the park area because it does not extend to a public roadway; and Church; and WHEREAS, the alleyway is a hindrance to the potential use of the property by the .. ^ WHEREAS, the City has had discussions with the Fairview Covenant Church regardmg obtaining access to the park using the Church property; and n * • • • Church has requested the City adopt a resolution that sets out the 1 y s position regarding an arrangement with the Fairview Covenant Church for access to the Saga Hul park area; and ^ . WHEREAS, the Church has indicated to the City they would be interested in the lollowing arrangement for access: A. The vacate the alleyway right-of-way on the Church property in exchange for an "L" shaped right-of-way providing access from Tonkaview Avenue into the park area. Page 1 of 2 J B.The Church will make available to the City the Church property adjacent to the park area for park use for a period of approximately 15 years. C. The City will maintain the property to be used for park use and will provide for a bituminous overlay of the main Church parking lot. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby approve the arrangement with the Fairview Covenant Church for the provision of access to the-Saga Hill area as outlined above, and does-alsa authorize the Mayor, City Staff, and City Attorney to work with the Fairview Covenant Church to develop an agreement that reflects the arrangement outlined above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of July, 1998. ATTEST: Gabriel Jabbour, Mayor Linda S. Vee, City Clerk Page 2 of 3 . ■ fcii■■ ■■§wn I nil if ii < I u **. ' .kw k M COUNCIL MESriNC REQUEST FOR COUNCIL ACTION JUL 13 J998 cmroFORONo DATE: July 8, 1998 ITEM NO:/4 Department Approval: Name Lin Vce Title City Clerk Administrator Reviewed:Agenda Section: Licenses Item Description: List of Licenses for Council Approval SPECIAL EVENT PERMIT 1. RickRecker Com Days 4 Mile Road Run Location: Hackberry Park to Willow Drive, south to Brown Road, north to Orchard Avenue, west to Holbrook Park August 9,1998 11:00 a.m. - 12:00 p.m. 2. Bob Carlson Parade of Homes Location: 500 Hunter Pass September 12 - September 27, 1998 3. Calvary Memorial Church Family Carnival Location; 2420 Dunwoody Avenue July 24, 1998, 5:00 p.m. - 9:00 p.m. July 25,1998,10:00 a.m. - 5:00 p.m. RESIDENTIAL KENNEL 1.Tris Strulde Klohn 4455 North Shore Drive COUNCIL ACTION REQUESTED: Motion to approve/deny the above listed licenses. Signature Date Approved: □ Denied: □ By: .. • • .... Remarks: ....................... • ...........- • *. 010396.3 • From: June 25,1998 Lin Vee, City Clerk Gary Cheswick, Chief of Police Subject: Com Days 4 Mile Run - Special Event Permit I have reviewed the application from Rick Recker for the above mentioned race. I have no objection to the issuance of the permit, however, Mr. Recker will be expected to pay an additional fee of $50 as a result of needing Reserve Officers to assist with traffic, etc. PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA Permit #: Fee: $50.00 Date Received: Phone Number: O^aOC) Name: feob CjKtLL<>0\J Address: /$0 City, State, Zip: AV| •[siA Location of Parade or Event: ^Oo J S ■sl';3§ CJOLtJ'- Date of Event:_-?<pb ■ Hours of Event: Type of Event: Insurance Company:, hu l Cp. Amount: I (Copy of insurance cerUficate must te submitted with this application) fohi.sy^ I am aware of all applicable State and other laws regarding parades and special events and will abide by same. I also agree to hold the City of rono harmless from all liabilities that may arise directly or indirectly from the parade of special event approved by the granting of this permit. • • I und^tand some events may require off-duty or reserve officers and a fee may be required/for these services. Signature 8 ate Approved: □ Denied: □ By: Remarks: May 11,1998 Lin Vee, City Clerk From: Gary Cheswick, Chief of Police Subject: Special Event Permit I have reviewed the request for Special Event Permit on a parade home at 500 Hunter Pass beginning September 12,1998. Hunter Pass is a private road. However, on Hunter Drive, parking is to be restricted to the east side only. PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA Permit #: Fee: $50.00 Date Received: Phone Number Name: Address:ujoocl AV<- City, State, Zip: tM»^ Location of Parade or Event:_________________ ___________^ V (Ajood Date of Event:1- /W c 3 Hours of Event: -f IOAc*^ - 5^, Type of Event: ^gj i (y (QC{ r r\ t( Insurance Company:^«‘5 iL.Amount: (Copy of insurance certificate must be submitted with this application) I am aware of all applicable State and other laws regarding parades and special events and will abide by same. I also agree to hold the City of Orono harmless from all liabilities that may arise directly or indirectly from the parade of special event approved by the' ^Ing of this permit. I understand some events may require off-duty or reserve officers and a ejmay be Sign/turi 'equired for these services. Q.______^i/iT Date Approved: □ Denied: D By: Remarks: 010396.3 /V/oTf <5nJ Len PC’ p • * • • • hKs ftGitEEC^ T^ US pf\^^ OUf^ (je^iae s IN TH-6((^ • • • •. . ^oT* ^ SH ou ^d Nor- 'Be A Pi^'&LBM! ••• •• •• • r * ■ • ' • t TO: FROM: DATE; Orono Police Department Lin Vee, City Clerk July 9,1998 SUBJECT: Special Event Permit T Attached is a special event permit application for a carnival to be held at Calvary Memorial Church (2420 Dunwoody Avenue) on July 24, 1998 from 5:00 p.m. - 9:00 p.m. and July 25, 1998 from 10:00 a.m. to 5:00 p.m. Please review the application and provide any conditions you wish noted on the permit in written form. Thanks for your help. A\ A) KENNEL LICENSE APPLICATION Effective January 1,19___to December 31,19 Ovmer: Property Address: M M 5^5T <CV“ . Mailing Address (if different):^ (include city euid zip) Phone: (home) ST» Q O (work)_ RESIDENTIAL Kennel License Fee: S25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time: (over 6 months of age) Principal Breed: _______ §i § Purpose for more than 2 dogs: 4tX w\ 11 U\ fe(~S Dogs normally kept: _ inside____kennel structure COMMERCIAL Kennel License Fee: S150.00 (payment must accompany application) Name of Business: Business Activities: (example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: After Hours Contact: (nameX (phone)_ Dog runs/exercise areas are:inside outside both The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigend hereby grants the City permisssion to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the lequirements of Municipal Code Chapter 5.36 including any. special conditions imposed by the City Council as part of any kennel license approval. K/o^n L> • Applicant Date For City Use Only Kennel inspected by Recommends Appro Dat e ^ r COUNCIL MEETING 7 Jul 1998 Tue 1:55 PM JUL 1 3 1998 Check Register City of Orono Check Number Date crrYOFonoNO Check Number 55434 55434 RED APRON CATERING 07-Jul-98 RED APRON CATERING Totals Check Number 55434 RED APRON CATERING Qieck Number 55435 POSTMASTER 55435 07-JU1-98 POSTMASTER Totals Check thimber 55435 POSTMASTER Check Number 55436 MN DEPT OP HEALTH 55436 55436 55436 55436 07-Jul-98 07-Jul-98 07-JU1-98 07-JU1-98 KN DEPT OP HEALTH MN DEPT OP HEALTH MN DEPT OF HEALTH MN DEPT OF HEALTH Totals Check Number 55436 MN DEPT OF HEALTH Check Number 55437 TARGET STORES 55437 07-JU1-98 TARGET STORES Totals Check Number 55437 TARGET STORES Check Number 55438 MN DEPT OP REVENUE 55438 55438 55438 07-Jul-98 07-Jul-98 07-Jul-98 MN DEPT OF REVENUE MN DEPT OF REVENUE MN DEPT OF REVENUE Totals Check Number 55438 MN DEPT OF REVENUE Check Number 55439 SHERER MEATS 55439 07-JU1-98 SHERER MEATS Totals Check Number 55439 SHERER MEATS Check Number 55440 ERICKSON'S NEW MARKET 55440 07-Jul-98 ERICKSON'S NEW MARKET Totals Check Number 55440 ERICKSON'S NEW MARKET Check Number 56450 MN DEPT OF HEALTH 56450 56450 56450 07-Jul-98 07-JU1-98 07-JU1-98 MN DEPT OP HEALTH m DEPT OF HEALTH MN DEPT OF HEALTH Transaction Amount 105.00 105.00 500.00 500.00 23.00 23.00 23.00 23.00 92.00 698.73 698.73 26.00 17.00 2.362.00 2.405.00 41.43 41.43 64.08 64.08 -1,182.00 -23.00 -23.00 Page 1 Comments BOX LUNCHES-PARK TOUR POSTAGE FOR METER SYSTEM OPERATOR CERT SYSTEM OPERATOR CERT SYSTEM OPERATOR CERT SYSTEM OPERATOR CERT GOLF BALLS MAY SALES TAX MAY SALES TAX MAY SALES TAX R PICNIC FRUIT k BAKERY-WORK SESS VOID CK 56450 VOID CK 56450 VOID CK 56450 ♦ » ■ J r i ^r ^ i 7 Jul 1998 Tue 1:55 PM Check Number Check Number 56450 S6450 Check Register City of Orono Page 2 Date Name 56450 MN DEPT OP HEALTH 07-Jul-98 MN DEPT OF HEALTH 07-Jul-98 MN DEPT OF HEALTH Totals Check Number 56450 MN DEPT OF HEALTH Check Number 56490 56490 POSTMASTER 07-Jul-98 Totals Check Number POSTMASTER 56490 POSTMASTER Check Number 56506 56506 GOVT FINANCE OFFICERS ASSN 07-JU1-98 Totals Check Number GOVT FINANCE OFFICERS ASSN 56506 GOVT FINANCE OFFIOTIS ASSN Check Number 56621 56621 STEWART LUMBER 07-JU1-98 Totals Check Number STEWART LUMBER 56621 STEWART LUMBER Grand Total Transaction Amount -23.00 -23.00 -1»274.00 900.00 900.00 350.00 350.00 -1.206.41 -1.206.41 2.675.83 Comments VOID CK 56450 VOID CK 56450 POSTAGE-NEW hSTER 1997 CAFR AWARD APPLICAT VOID CK 956621 7 Jul 1998 Tue 1:55 PM Check Register City of Orono Page 3 E k- ! ' User Initials Finance RJO Tuesday 7 July 1998 1:54 PM Start 1:55 PM Finish Buffer Name History Records Read 2238 Records Selected 20 Number of Pages 3 Selected by Transaction Date Sorted by Check Number Greater Than 30-Jun-98 Totals No Page Breaks r *K't K 1 Jul 1998 Wed 8:37 AM Check ReglBter City of Orono Check Number Employee Name Check Number 044574 044574 JOHNSON. MARY ANN Totals Check Number 044574 Check Number 044575 044575 GEMAR, JAMIE L, Totals Check Number 044575 Check Number 044576 044576 HASEMAN. CAROLE A Totals Check Number 044576 Check Number 044577 044577 MOORSE, RONALD J. Totals Check Number 044577 Check Number 044578 044578 VBB. LINDA S. Totals Check Number 044578 Check Number 044579 044579 KUBHN. THOMAS M. Totals Check Number 044579 Check Number 044580 044580 OLSON. RONALD J. Totals Check Number 044580 Check Number 044581 044581 PETTIT. SANDRA K Totals Check Number 044581 Check Number 044582 044582 ANDERSON, BRUCE L, Totals Check Number 044582 Check Date Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Page 1 Check Amount 436.12 436.12 470.03 470.03 628.23 628.23 1,470.03 1,470.03 1,005.33 1,005.33 950.79 950.79 14.96 14.96 753.34 753.34 240.56 240.56 r L I Jul 1998 Wed 6:37 AM Check Register City of Orono Check Number Employee Name Check Number 044583 044583 BOBZIEN, SUE A Totals Check Number 044583 Check Number 044584 044584 BORIS, SCOTT W. Totals Check Number 044584 Check Number 044585 044585 CARLSON, MICHAEL B. Totals Check Number 044585 Check Number 044586 044586 CHESWICK, GARY B. Totals Check Number 044586 Check Number 044587 044587 CORNICE, JAMES L. Totals Check Humber 044587 Check Number 044588 044588 DEMBOUSKI, JAY C. Totals Check Number 044588 Check Number 044589 044589 ERICKSON, KURT R Totals Check Number 044569 Check Number 044590 044590 PARNIOK, CORREY L. Totals Check Number 044590 Check Number 044591 044591 FISCHENICH, DAN T. Totals Check Number 044591 Check Number 044592 Check Date Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Page 2 Check Amount 644.28 644.28 1,010.00 1,010.00 289.14 289.14 1,532.67 1,532.67 1,305.88 1,305.88 2,195.08 2,195.08 1,250.82 1,250.82 1,306.75 1,306.75 1,160.19 1,160.19 1 Jul 1998 Wed 8:37 AM Check Number Employee Name Check Number 044592 044592 FISCHER, CHRISTOPHER K. Totals Check Number 044592 Check Number 044593 044593 HANSING, CAROL J. Totals Check Number 044593 Check Number 044594 044594 JOHNSON, BRADLEY P. Totals Check Number 044594 Check Number 044595 044595 KNOLLENBERG, KRISTIN L. Totals Check Number 044595 Check Number 044596 044596 MCNALLY, STEVEN A. Check Register City of Orono Check Date Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Totals Check ^?umber 044596 Check Number 044597 044597 MCNICHOLS, DAVID L. Totals Check Number 044597 Check Number 044598 044598 MOROWCZYNSKI, JAMBS Totals Check Number 044598 Check Number 044599 044599 PERSELL, WILLIAM R. Totals Check Number 044599 Check Number 044600 044600 SCHOENHOFP, JOHN B. Totals Check Number 044600 Check Number 044601 1 Jul 1998 » iCheck RegisterWed 8:37 AM City of Orono Page 5 Check Number Employee Name Check Date Check Amount Check Number 044610 044610 VANG, BRUCE L.Ol-Jul-98 976.33 Totals Check Number 044610 976.33 Check Number 044611 044611 HECKMAN, STEPHEN J.Ol-Jul-98 3S.42 Totals Check Number 044611 28.42 Check Number 044612 044612 BRINKHAUS, JOHN P.Ol-Jul-98 1.055.63 Totals Check Number 044612 1.055.63 Check Number 044613 044613 DEBAERE, DONALD L.Ol-Jul-98 761.09 Totals Check Number 044613 761.09 Check Number 044614 .044614 GREGORY, JAMES D.Ol-Jul-98 717.71 Totals Check Number 044614 717.71 Check Number 044615 044615 HANSEN, STEVEN C.Ol-Jul-98 723.87 Totals Check Number 044615 723.87 Check Number 044616 044616 OBERAIGNER, SCOTT 0.Ol-Jul-98 670.82 Totals Check Number 044616 670.82 Check Number 044617 044617 OBRIEN, RANDY L.Ol-Jul-98 319.13 Totals Check Number 044617 319.13 Check Number 044618 044618 PALMER, GREGORY A.Ol-Jul-98 803.08 Totals Check Number 044618 803.08 Check Number 044619 } Jul 1998 Wed 8:37 AM Check Number Employee Name Check Number 044619 044619 RATHBUN, BARRY J Totals Check Number 044619 Check Number 044620 044620 SKREEN, DALE S. Totals Check Number 044620 Check Number 044621 044621 ALLEN« MICHAEL J. Totals Check Number 044621 Check Register City of Orono Page 6 Check Number 044622 044622 BLAIR, JANIS A Totals Check Number 044622 Check Number 044623 044623 DELANEY, JANE Totals Check Number 044623 Check Number 044624 044624 DOC^CEN, THOMAS ¥ Totals Check Number 044624 Check Number 044625 044625 MCINTYRE, WILLIAM E. Totals Check Number 044625 Check Number 044626 044626 PETERSON, JACK W. Totals Check Number 044626 Check Number 044627 044627 ROSS, JOHN A. Totals Check Number 044627 Check Number 044628 Check Date Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Ol-Jul-98 Check Amount 1,287.12 1,287.12 748.75 748.75 191.21 191.21 163.68 163.68 47.35 47.35 475.59 475.59 274.06 274.06 453.86 453.86 115.12 -15.12 r 1 Jul 1998 Wed 8:37 AM Check Number Employee Name Check Number 044628 044628 STEFFENHAGEN, RONALD B. Totals Check Number 044628 Check Number '-t lC29 044629 YEAGER, DONALD C. Totals Check Number 044629 Check Register City of Orono Page 7 Check Date Ol-Jul-98 Check Amount 1,054.36 1,054.36 Ol-Jul-98 251.71 251.71 Grand Total 44,101.88 • I ‘1 i' 9 Jul 1998 Thu 10:17 AM Check Register City of Orono Check Number Employee Name Check Number 044631 044631 PETERSON, BARBARA A. Totals Check Number C44631 Check Number 044632 044632 MOORSR, RONALD J. Totals Check Number 044632 Check Number 044633 C44633 FLINT, RICHARD Totals Check Number 044633 Check Number 044634 044634 GOETTEN, J. DIANN Totals Check Number 044634 Check Number 044635 044635 JABBOUR, GALRIEL B. Totals Check Number 044635 Check Number 044636 044636 KELLEY, CHARLES Totals Check Number 044636 Grand Total Check Date 13-Jul-90 13-JU1-98 13-Jul-98 13-JU1-98 13-JU1-98 13-Jul-90 Page 1 Check Amount 269.36 269.36 184.70 184.70 269.36 269.36 269.36 269.36 323.22 ^23.22 269.36 269.36 1,585.36 ‘i r II. 10 Jul 1998 Frl 12:13 PM Check Register City of Orono Check Number Date Name Check Number 566S3 56653 56653 A-1 RENTAL 13-JU1-98 A-1 RENTAL 13-JU1-90 A-1 RENTAL Totals Check Number 56653 A-1 RENTAL Check Number 56654 AFFINITY GRAPHICS 56654 08-Jul-98 AFFINITY GRAPHICS Totals Check Number 56654 AFFINITY GRAPHICS Check Number 56655 AIRTOUCH CELLULAR 56655 56635 56655 04-Mar-98 09-Jun-98 09-Jun-98 AIRTOUCH CELLULAR AIRTOUCH CELLULAR AIRTOUCH CELLULAR Totals Check Number 56655 AIR'fOUCH CELLULAR Check Number 56656 ALL STAR ELECTRIC 56656 56656 56656 56656 56656 13-JU1-98 13-JU1-98 13-JU1-98 13-JU1-98 13-Jul-9B ALL STAR ELECTRIC ALL STAR ELECTPTC ALL STAR ELECTRIC ALL STAR ELECTRIC ALL STAR ELECTRIC Totals Check Number 56656 ALL STAR ELECTRIC Check Humber 56657 AMERICAN MEDICAL SECURITY 56657 05-Feb-98 AMERICAN MEDICAL SECURITY Totals Check Number 56657 AMERICAN MEDICAL SECURITY Check Number 56658 ANCHOR i'APER 56658 13-JU1-98 ANCHOR PAPER Totals Check Number 56658 ANCHOR PAPER Check Number 56659 ANDERSON. BRUCE 56659 08-Jul-98 ANDERSON. BRUCE Totals Chffck Number 56659 ANDERSON. BRUCE Check Number 56660 ASPLUKDH COFFEE 56660 08-Jul-98 ASPLUNDM COFFEE Totals Check Number 56660 ASPLUNDH COFFEE Transaction Amount 67.50 4.50 72.00 115.02 115.02 449.19 20.27 20.27 489.73 900.17 3.132.04 475.00 505.53 992.72 6.005.46 677.70 677.70 623.03 623.03 10.64 10.64 127.00 127.00 Page 1 Comments FOR SIGN INSTALLATION FINISHING TOOL BANNER CELL PHONES CELLULAR SERVICE SBRVIC* 4/15-5/15 EMRGNCY LITES/ GOLF SIGNAL LIT MILLOIf/12 STORM SHELTER LTG REPAIR EMERG PWR LIFT STATION PERMIT EM GENERATORS FEBRUARY DBITAL OFFICE PAPER HEADLIGHT COFFEE r 10 Jul 1998 Fri 12:13 PM Check Register City of Orono Check Number Date Name Check Number 56661 56661 AT fc T - TAMPA 08-Jul-98 AT A T - TAMPA Totals Check Number 56661 AT A T - TAMPA Check Number 56662 AT A T WIRELESS SERVICES 56662 56662 56662 56662 19-Feb-98 19-Feb-98 19-Feb-98 03-Apr-98 AT A T WIRELESS SERVICES AT A T WIRELESS SERVICES AT A T WIRELESS SERVICES AT A T WIRELESS SERVICES Totals Check Number 56662 AT A T WIRELESS SERVICES Check Number 56663 ATAT - KC 56663 13-Jul-98 ATAT - KC Totals Check Number 56663 ATAT - KC Check Number 56664 AUGIES MOBILE CHEF 56664 56664 08-Jul-98 13-Jul-98 AUGIES MOBILE CHEF AUGIES MOBILE CHEF Totals Check Number 56664 AUGIES MOBILE CHEF Check Number 56665 BANYON DATA SY-STE>3 56665 56665 56665 13-JU1-98 13-Jul-98 13-Jul-98 BANYON DATA SYSTEMS BANYON DATA SYSTEMS BANYON DATA SYSTEMS Totals Check Number 56665 BANYON DATA SYSTEMS Check Number 56666 BARBAROSSA A SONS 56666 56666 13-Jul-98 13-JU1-98 BARBAROSSA A SONS BARBAROSSA A SONS Totals Check Number 56666 BARBAROSSA A SONS 0\eck Number 56667 BENEFITS DESIGN GROUP 56667 08-Jul-98 BENEFITS DESIGN GROUP Totals Check Number 56667 BENEFITS DESIGN GROUP Check Number 56668 BERGERSON-CASWELL INC. 56668 56668 13-Jul-98 13-Jul-98 BERGERSON-CASWELL INC BERGERSON-CASWELL INC Totals Check Number 56668 BERGERSON-CASWELL INC, Transaction Amount 3.86 3.86 30.64 30.64 76.72 61.36 138.08 671.25 223.7S 2,427.66 3,322.66 21,648.41 15,111.13 36,759.54 1,510.63 1,510.63 17,102.80 333.95 17,436.75 Page 2 Comments LONG DISTANCE 29.31 CELLULAR CHAGS 29.30 CELLULAR CHAGS 230.62 CELLULAR CHAGS 11.70 WECKM/iN 300.93 LONG DIST HOT DOGS, CHEESEBURGERS HOT DOGSAHAMB P/RESALE SOFTWARE SUPPORT SOFTWARE SUPPORT COMP SUPPORT BRKT PT/BYRDGB RFP87 NLL/LLCC RFP89 ADM CHARGE IRRIGATION WELL /GOLF INSPECTION NOTICE SUPPLY I I \ r 10 Jul 1998 Pri 12:13 FM Check Register City of Orono Check Number Date Name Check Number 56669 56669 56669 56669 56669 56669 BIFFS INC. 13-Jul-98 BIFFS INC. ia-Jul-98 BIFFS INC. 13-JU1-98 BIFFS INC. 13-Jul-98 BIFFS INC. 13-JU1-98 BIFFS INC. Totals Check Number 56669 BIFFS INC. Check Number 56670 BLAOCOfflAK & SON 56670 56670 56670 13-JU1-98 13-Jul-98 13-JU1-98 BLACKOWIAK k SON BLACKOWIAK k SON BLACKOWIAK k SON Totals Check Number 56670 BLACKOWIAK k SON Check Number 56671 BONESTROO RUJENB k ASSOC. 56671 56671 56671 56671 56671 13-JU1-98 13-JU1-98 13-JU1-98 13-JU1-98 13-JU1-90 BONESTROO ROSENE k ASSOC. BONESTROO ROSENS k ASSOC. BONESTROO ROSENE k ASSOC. B<»IESTROO ROSENE k ASSOC. BONESTROO ROSENE Ik ASSOC. Totals Check Number 56671 BONESTROO ROSENE k ASSOC. Qieck Number 56672 BUCHBN ENVIRONMENTAL SERVICES 56672 13-JU1-98 BUCHEN ENVIRONMENTAL SERVI^S Totals Check Number 56672 BUCHEN ENVIROlWBNTAL SERVICES ^heck N»ireber 56673 BUDGET PRINTING 56673 56673 56673 08-JU1-98 08-Jul-98 13-Ju\-90 BUDGET PRINTING BUDGET PRINTING BUDGET PRINTING Totals Check Number 56673 BUDGET PRINTING Check Number 56674 CARLSON TRACTOR k EQUIP CO. 56674 13-Jul-90 CARLSON TRACTOR k EQUIP CO, Totals Check Number 56674 CARLSON TRACTOR k EQUIP CO, Qieck Number 56675 CARLSTEN. KEITH 56675 56675 0,'^-Jul-98 08-Jul-98 CARLSTEN, KEITH CARLSTEN, KEITH Totals Check Number 56675 CARLSTEN, I^ITH Transaction Amount 61.26 122.52 122.52 122.52 -76.82 352.00 157.80 72.33 160.85 390.98 54.34 63.00 72.00 177.50 1,897.90 2,264.74 3,922.00 3,922.00 2.88 66.67 640.50 710.05 2,390.50 2,390.50 10.00 61.90 71.90 Page 3 Comments ORONO GOLF COURSE HACKBERRY PARK SUWIT BEACH BIDERWOOO PARK CREDIT SANITATION SERV 1.5 YD CONT SERV SANITATION SERV NLL/LLCC INSP MAR OCB RD TRAIL AON-MAR BRIDGE INSP MARCH INSP NEXTBL ANNETNA MARCH COUNCIL MTGS LINERS F/SWR PIPE INSTALL TABS COMPLAINT FORMS PRINTING/MGKT PLAN, MAPS SKIDLOADER 5/21-6/20/98 CONNECTED TO SEWER CONNECTED TO SEWER r 10 Jul 1998 Check Register Pag< Fri 12:13 PM City of Orono Check Transaction Number Date Name Amount Comments Check Number S6676 CHESHICX.GARY 56676 0e-Jul-9B CHESHICK, GARY 20.00 LUNOi AT SEMINAR Totals Check Number 56676 CHESWICK, GARY 20.00 Check Number 56677 CHUNKS LAKESHORE AUTO 56677 13-JU1-98 CHUNKS LAKESHORE AUTO 68.07 PD #17 /REPAIRS 56677 13-Jul-98 CHUNKS LAKESHORE AUTO 108.60 PD #178 /REPAIRS 56677 13-JU1-98 CHUNKS LAKESHORE AUTO 89.16 PD #180 /REPAIRS 56677 13-JU1-98 CHUNKS LAKESHORE AUTO 593.90 PD #181 /REPAIRS 56677 13-Jul-98 CHUNKS LAKESHORE AUTO 105.61 PD #181 /REPAIRS 56677 13-Jul-98 CHUNKS LAKESHORE AUTO 526.84 PD #178 /REPAIRS 56677 X3-Jjl-98 CHUNKS LAKESHORE AUTO 160.86 PD #179 /SHOCKS 56677 13-JU1-98 CHUNKS LAKESHORE AUTO 51.89 96 FORD /OIL CHANGE6TUNE 56677 13-JU1-98 CHUNKS LAKESHORE AUTO 852.36 96 FORD /BRAKES SHOCKS Totals Check Number S6677 CHUNKS LAKESHORE AOTO 2,559.29 Check Number 56678 CITY OF LONG LAKE 56678 i3-Jul-98 CITY OF LONG LAKE Totals Check Number 56678 CITY OF LONG LAKE Check Number 56679 CITY OP HAYZATA 56679 13-Jul-98 CITY OF HAYZATA Totals Check Number 56679 CITY OF HAYZATA Check Number 56680 CLARK, BRUCE 56680 08-JU1-98 CLARK, BRUCE Totals Check Number 56680 CLARK, BRUCE Check Number 56681 CON-MIX 56681 13-JU1-98 CON-MIX Totals Check Number 56681 CON-MIX Check Number 56682 CONSTRUCTION MARKET DATA GRP 56682 13-JU1-98 CONSTRUCTION MARKET DATA GRP Totals Check Number 56682 CONSTRUCTION MARKET DATA GRP Check Number 56683 CUMMINS DIESEL SALES INC. 56683 13-Jul-98 CUWINS DIESEL SALES INC. 19,725.00 19,725.00 LL FIRE DEPT/99FORD P350 8,504.90 8,504.00 98 FIRE PROTECT/2fc3RD QTR 61.30 61.30 CONNECTED TO SEHBR •• 560.12 560.12 HATERMAIN BREAK REPAIR 188.50 188.50 SAN SHR IMPS LEGAL AD 340.56 CHECK GENERATORS >I 4 10 Jul 1998 Frl 12:13 PM Check Register City of Orono Check Number Date Name Check Number 56683 56683 CUMMINS DIESEL SALES INC. 13-Jul-98 CUMMINS DIESEL SALES INC. Totals Check Number 56683 CUMMINS DIESEL SALES INC. Check Number 56684 DAKOTA CO. TECHNICAL COLLEGE 56684 56684 08-Jul-98 08-Jul-98 DAKOTA CO. TECHNICAL COLLEGE DAKOTA CO. TECHNICAL COLLEGE Totals Check Number 56684 DAKOTA CO. TECHNICAL COLLEGE Check Number 56685 DENBRO, HENRY T 56685 OS-Jul-98 DBNBRO, HENRY T Totals Check Number 56685 DENERO* HENRY T Check Number 56686 DOYLE INC. 56686 56686 13-JU1-98 13-JU1-98 DOYLE INC, DOYLE INC. Totals Check Number 56686 DOYLE INC Check Number 56687 E-Z RECYCLING 56687 08-JU1-98 B-Z RECYCLING Totals Check Number 56687 B-Z RECYCLING Check Number 56688 EARL P. ANDERSON 6 ASSOC, 56688 56688 13-Jul-98 13-Jul-98 EARL P. ANDERSON k ASSOC EARL P. ANDERSON k ASSOC, Totals Check Number 56688 EARL P. ANDERSON & ASSOC. ^eck Number 56689 BAST SIDE BEVERAGE 56689 08-Jul-98 EAST SIDE BEVERAGE Totals Check Number 56689 EAST SIDE BEVERAGE Check Number 56690 ENGINEERING REPRO SYSTEMS 56690 13-JU1-98 ENGINEERING REPRO SYSTEMS Totals Check Number 56690 ENGINEERING REPRO SYSTEMS Check Number 56691 ESI COMMUNICATIONS 56691 08-JU1-98 ESI COMMUNICATIONS Totals Check NUmber 56691 ESI C06e<UNICATI0NS Transaction Air-^unt 442.56 783.12 75.00 75.00 150.00 10.00 10.00 >165.08 451.31 286.23 5.583.48 5.583.48 567.35 411.82 979.17 224.10 224.10 54.96 54.96 83 00 83.00 Page 5 Comments CHECK GENERATORS SUPERVISORY DECISIONMAKIN SUPERVISORY DECISIONMAKIN REFUND-LATE PEE FLAIL KNIFE RETURNED FLAIL KNIFE-CLEVIS JUNE 1998 RECYCLING BRACKETS SIGNS NO PARK W/TRAILBR BEER SCAN TO PLOT SERVICE - FAX MACHINE 10 Jul 1993 Fri 12:13 PM Check Check Register City of Orono Page 6 Number Date Name Check Number 56691 ESI: COMMUNICATIONS Check Number 56692 E\^GR£EN LAWN CO. 56692 08-Jul-98 EVERGREEN LAHN CO. Totals Check Number 56692 EVERGREEN LAHN CO. Check Number 56693 FAST SIGNS 56693 13-JU1-98 FAST SIQ<S Total* Check Number 56693 FAST SIGNS Check Number 56694 FIRSTAR BANK OF MINNESOTA N.A. 56694 13-JU1-98 FIRSTAR BANK OF MINNESOTA Totals Check Number 56694 FIRSTAR BANK OP MINNESOTA Check Number 56695 FLOYD TOTAL SECURITY 56695 08-Jul-98 FLOYD TOTAL SECORITY Totals Check Number 56695 FLOYD TOTAL SECURITY Check Number 56696 FRONTIER COMfiJNICATIONS 56696 06-JU1-98 FRONTIER COWUNICATIONS Totals Check Number 56696 FRONTIER CO^f1UNICATIONS Check Number 56698 G k K SERVICES 56698 13-.? *1-98 0 k K SERVICES 56698 13-Jul-98 G fc K SERVICES 56698 13-JU1-98 C k K SERVICES 56698 13-JU1-98 G a K SERVICES 56698 13-JU1-98 G a K SERVICES 56698 13-JU1-98 G a K SERVICES 56698 08-Jul-98 G a K SERVICES 56698 08-Jul-98 G a K SERVICES 56698 13-JU1-98 G a K SERVICES 56698 13-JU1-98 G a K SERVICES 56698 08-JU1-98 G a X SERVICES 56698 08-Jul-98 G a K SERVICES 56698 08-Jul-98 G a K SERVICES 56698 08-Jul-98 G a K SERVICES 56698 08-JU1-98 G a K SERVICES 56698 08-Jul-98 G a K SERVICES 56698 08-Jul-98 G a K SERVICES 56698 13-JU1-98 G a K SERVICES Totals Check Number 56698 G k K SERVICES Transaction Amount 151.29 151.29 692.25 692.25 92,357.91 92,357.91 169.00 169.00 31.62 n.62 Comments HEAT HROJCHES SIGNS HRA INT DUE 7-15 3RD QUARTER MONITORING VOICE MAIL 5.93 UNIFORMS 62.55 UNIFORMS 12.15 UNIFORMS 5.93 UNIFORMS 95.36 UNIFORMS 12.15 UNIFORMS 5.93 UNIFORM - STEFFE.4HAGEN 86.44 MATS 42.01 RtXSS 42.01 RUGS 62.55 UNIFORMS 12.15 UNIFORM - RATHBUN 5.93 UNIFORM - STEFFENHAGEN 90.61 UNIFORMS 12.15 UNIFORM RATHBUN 5.93 UNIFORM STEFFENHAGEN 12.15 UNIFORM RATHBUN 12.15 584.08 UNIFORMS r 10 Jul 1998 Fri 12j13 PM Check Register City of Orono Check Number Date Name Check Number 56699 56699 56699 GALL'S INC, 13-Jul-98 GALL'S INC. 13-JU1-98 GALL'S INC. Totals Check Number 56699 GALL'S INC, Check Number 56700 GANGELHOFF, DONNA 56700 13-Jul-98 GANGELHOFF, Totals Check Number 56700 GANGELHOFF, DONNA Oieck Number 56701 gear west SKI 6 BIKE 56701 08-Jul-98 GEAR WEST SKI & BIKE Totals Check Number 56701 GEAR WEST SKI a BIKE Check Number 56702 GLaiWOOD INGLEWOOD 56702 13-Ju1-98 GLBNWOOD INGLEWOOD Totals Check Number 56702 GLENWOOD INGLEWOOD Check Number 56703 GOLF CAR midwest 56703 13-Jul-98 GOLF CAR MIDWEST Total* Check Number 56703 OOLP CAR MIDWEST Oieck tfumber 56704 GOPHER STATE ONE-CALL INC. 56704 56704 08-JU1-98 08-JuI-je GC-HER STATE ONE-CAIL INC. GOPHER STATE ONE-CALL INC. Totals Check Number 56704 GOPHER STATE ONE-CALL INC. Check Number S6705 HACH CHEMICAL CO. 56705 13-Jul>98 HACH CHEMICAL CO. Totals Check Number 56705 HACH CHEMICAL CO. Check Number 56706 HAMEL building center 56706 n-Jul-98 HAMEL BUILDING CENTER Total* Check Number 56706 HAMEL BUILDING CENTER 56707 HANSINO. CAROLCheck Number 56707 08-Jul-98 HANSING, CAROL Totals Check Number 56707 HANSING, CAROL Transaction Amount 25.98 136.43 162.41 50.00 50.00 31.94 31.94 15^.23 151.23 1.400.00 1.400.00 55.13 55.12 110.25 104.91 104.91 119.93 119.93 59.98 59.98 Page 7 Comments WEAPON RELASB TIMER ELECTRIC GUN LOCK 6SWITCH DEER PU bike helmet 22596-00 SOLO HOT COPS FULL SEASON LBASB MAY LOCATES MAY LOCATES SOLVENT MISC EQUIP UNIFORM PANTS r 10 Jul 1998 Fri 12:13 PH Check Register City of Orono Check Number Date Name Check Number 56708 56708 56708 HAWKINS WATER TREATMENT GROUP 13-JU1-98 HAWKINS WATER TREATMENT GROUP O8-JU1-90 HAWKINS WATER TREAThiENT GROUP Totals Check Number 56708 HAWKINS WATER TREATMENT GROUP Check Number 56709 HENNEPIN COUNTY SHERIFF 56709 08-Jul-98 HENNEPIN COUNTY SHERIFF Totals Check Number 56709 HENNEPIN COUNTY SHERIFF Check Number 56710 HENNEPIN COUNTY TREAS. 56710 56710 13-JU1-98 13-JU1-98 HENNEPIN COUNTY TREAS HENNEPIN COUNTY TREAS, Totals Check Number 56710 HENNEPIN COUNTY TREAS. Check Number 56711 HENNEPIN COUNTY TREASURER-GEN 56711 08-Jul-98 HENNEPIN COUNTY TREASURER-GEN Totals Check Number 56711 HENNEPIN COUNTY TREASURER-GEN Check Number 56712 KD & COMPANY 56712 13-JU1-98 KD & COMPANY Totals Check Number 56712 KD k COMPANY Check Number 56713 KENNETH N. POTTS. PA 56713 13-Jul-98 KENNETH N. POTTS. PA Totals Check Number 56713 KENNETH N. POTTS. PA Check Number 56714 KUSTOM SIGNALS INC 56714 08-Jul-98 KUSTOM SIGNALS INC Totals Check Number 56714 KUSTOM SIGNALS INC Check Number 56715 LAKE MTKA CONSERVATION DIST. 56715 08-JU1-9B LAKE MTKA CONSERVATION DIST Totals Check Number 56715 LAKE MTKA CONSERVATION DIST. Check Number 56716 LAND CARE EQUIPMENT 56716 08-Jul-98 LAND CARE EQUIPMENT Transaction Amount 246.98 25.00 271.98 147.44 147.44 71.25 1,030.00 1,101.25 1.653.50 1.653.50 6.00 6.00 .S .66 2.297.66 30.30 30.30 7.596.86 7.596.86 121.62 Page 8 Comments CHLORINE -HYDR ACID DEMURAGE MAY JAIL CHARGES WEBER HILLS SWR LISTS NAVARE LISTING ROOM k BOARD 5/98 DUMP CLEAN CONCRETE PROSECUriOTI 6/98 CABLE OUIXET ASSY 3RD QTR PAYMENT mower parts ' I httiM m 1 —I I i 10 Jul 1998 Fri 12:13 PM Check Register City of Orono Page 9 Check Number Date Name Check Number 56716 56716 LAND CARS EQUIPMENT O8-Jul-90 LAND CARE EQUIPMENT Totals Check Number 56716 LAND CARE equipment Check Number 56717 LEAGUE OP MN CITIES INS. TRUST 5b717 56717 56717 56717 13-Jul-98 13-JU1-98 13-Jul-98 13-Jul-98 LBAGTJE OP MN CITIES INS. TRUST LEAGUE OP MN CITIES INS. TRUST LEAGUE OP MN CITIES INS. TRUST LEAGUE OP MN CITIES INS. TRUST Totals Check Number 56717 LEAGUE OF MN CITIES INS. TRUST Check Number 56718 LMCIT-BERKLEY ADMIN 56718 56718 56718 56718 56718 13-JU1-98 13-JU1-98 13-JU1-98 13-JU1-98 13-JU1-98 LMCIT-BERKLEY ADMIN LMCIT-BERKLEY ADMIN LMCIT-BERKLEY ADMIN LMCIT-BERKLEY ADMIN LMCIT-BERKLEY ADMIN Totals Check Number 55718 LMCIT-BERKLEY ADMIN Check Number 56719 LONG LAKE TRACTOR EQUIPMENl’ 56719 13-Jul-98 LONG LAKE TRACTC i EQUIPMENT Totals Check Number 56719 LONG LAKE TRACTOR EQUIPMENT Check Number 56720 MALLOY MONTAGUE KARNOWSKI & CO 56720 56720 13-Jul-;#8 13-JU1-98 MALLOY MONTAGUE KARNOWSKI k CO MALLOY MONTAGUE KARNOWSKI k CO Totals Check Number 5672? MALLOY MONTAGUE KARNOWSKI k CO Check Number 56721 MCPOA 56721 13-Jul-98 MCPOA Totals Check Number 56721 MCPOA Check Number 56722 MET COUNCIL ENVIRONMENTAL SVCr 56722 08-JU1-98 MET COUNCIL ENVIRONhENTAL SvCS Totals Check Number 56722 MET COUNCIL ENVIRONMENTAL SVCS Check Number 56723 MET COUNCIL ENVIRONMENTAL SBR 56723 08-JU1-98 MET COUNCIL ENVIRONMENTAL SER Totals Check Humber 56723 MET COUNCIL ENVIRONMENTAL SER Transaction Amount 2«152.41 2,274.03 480.00 1,156.00 609.00 10,975.50 13,220.50 145.50 2,532.25 1,298.00 2,762.50 12,615.25 19,3:,?.50 92.64 92.64 450.00 1,536.00 8,986.00 •* 90.00 90 00 18,472.66 18,472.66 3.960.00 3.360.00 Comments REPAIR KUBOTA DIESEL 2ND HALF WORK COMP INS 2ND HALF WORK COMP INS 2ND HALF WORK COMP ,'NS 2ND HALF WORK COMP INS 3RD QTR LIQ LIAB INS 3RD QTR INS CMC 18285 3RD QTR INS CMC 18285 3RD QTR INS CMC 18285 3RD QTR INS CMC 18285 SET SCREWS AUDIT PMT 82 AUDIO; PMT 82 MCPOA DUES/SP SEWER SERVICE SAC CHARGES r I 10 Jul 1998 Fri 12:13 PM Check Register City of Orono Check Number Date Name Check Number 56724 56724 MID-CONTINENT BOTTLERS O8-Jul-90 MID-CONTINENT BOTTLERS deck Number 56729 MINNESOTA CLB 56729 13-Jul-98 MINNESOTA CLB Totals Check Number 56729 MINNESOTA CLB Check Number 56730 MN BENEFIT ASSOCIATION 56730 08-JU1-98 MN BENEFIT ASSOCIATION Totals Check Number 56730 MN BENEFIT ASSOCIATION Check Number 56731 MN CHIEF OF POLICE ASSN 56731 OS-Jul-98 MN CHIEF OF POLICE ASSN Totals Check Nun^r 56731 MN CHIEF OF POLICE ASSN Check Nui^r 56732 MOBILE RADIO ENGINEERING INC. Transaction Amount 66.00 390.00 ** 390.00 74.32 74.32 28.63 28.63 Page 10 Comments SPRING WATER Totals Check Number 56724 MID-CONTINENT BOTTLERS 66.00 Check Number 56725 MIDWEST ASPHALT 56725 13-Jul-98 MIDWEST ASPHALT 376.94 ST MATERIAL 56725 13-JU1-9S MIDWEST ASPHALT 909.87 ST MATERIAL Totals Check Number 56725 MIDWEST ASPHALT 1«286.81 Q«eck Number 5672« MIDMBST COCA COLA BOTTLING CO 56726 08-JU1-98 MIDWEST COCA COLA BOTTLING CO 485.50 POP 56726 09-JU1-98 MIDWEST COCA COLA BOTTLING CC -30.00 SOFT DRINKS 56726 08-JU1-98 MIDWEST COCA COLA BOTTLING CO 403.30 SOFT DRINKS Totals Check Number 56726 MIDWEST COCA COLA BOTTLING CO 858.80 Check Number 56727 OXYGEN COMPANY 56727 13-Jul-98 MINNEAPOLIS OXYGEN COMPANY 13.50 MEDICAL OXYGBI 56727 OB-Jul-98 MINNEAPOLIS OXYGEN COMPANY 27.00 OXYGEN Totals Check Number 56727 MINNEAPOLIS OXYGEN COMPANY 40.50 Check Number 56728 MINNEGASCO 56728 08-JU1-98 MINNEGASCO 15.53 JUNE GAS SERVICE 56728 08-JU1-98 MINNEGASCO 205.99 JUNE GAS SERVICE 56728 08-JU1-98 MINNEGASCO 160.72 JUNE GAS SERVICE Totals Check Number 56728 MINNEGASCO 382.24 TRAININQ/FISCHENICH-ERICK DIS INSURANCE PERMIT FORMS r 10 Jul 1998 Fri 12:13 PM Check Register City of Orono Check Humber Date Name Check Number 56732 56732 MOBILE RADIO ENGINEERING INC. 13-Jul-98 MOBILE RADIO ENGINEERING INC Total. Check Number 56732 MOBILE RADIO ENGINEERING INC. Check Number 56733 MPLS DEPT OF HEALTH 6 FAMILY 56733 13-JU1-98 MPLS DEPT OP HEALTH & FAMILY Tot.l. Check Number 56733 MPLS DEPT OP HEALTH 6 FAMILY Check Number 56734 MR AUGIES COFFEE SERVICE 56734 08-JU1-98 MR AOGIES COFFEE SERVICE Tot.l. Check Number 56734 MR AUGIES COFFEE SERVICE Check Humber 56735 KTI DIST CO. 56735 08-Jul-98 MTI DIST CO Totals Check Humber 56735 KTI DIS1‘ CO Check Humber 56736 HE0P08T 56736 56736 13-JU1-98 08-Jul>98 HEOPOST NBOPOST Tot.le Check Number 56736 NEOPOST Check Number 56737 NORTH MEMORIAL HEALTH CARE 56737 13-Jul-98 Totals Check Humber NORTH MEMORIAL HEALTH CARE 56737 NORTH MEMORIAL HEALTH CARE Check Humber 56738 NORTH STAR TURF 08-Jul-98 NORTH STAR TURF56738 Totals Check Number 56738 NORTH STAR TURF Check Humber 56739 NSP 56739 56739 56739 56739 56739 56739 09-Jun-98 27-Apr-98 27-Apr-98 27-Apr-98 lO-Jul-98 lO-Jul-98 NSP NSP NSP NSP NSP NSP Totals Check Humber 56739 NSP Check Humber 56740 OFFICE DEPOT Transaction Amount 27.46 27.46 85.60 85.60 49.50 49.50 14.05 14.05 150.00 3,355.70 3,505.70 32.00 32.00 25.74 25.74 203.17 1,706.89 2,438.08 2,066.82 1,194.99 153.26 7,763.21 Page 11 Comments 12"PEDESTAL SHAFT LAB ANALYSES COFFEE SNAP-LOCK SWIVEL RATE PAR TILL 7/28/99 POSTAGE MACHINE MISC SBRV AIR FILTER ELECTICAL SERVICE ELEC SERVICE ELEC SERVICE ELEC SERVICE STREET LIGHTING HIGHWAY 12 a WILLOH i I I < ■ a - rm I ■ n «... r 10 Jul 1998 Fri 12113 PM Check Register City of Orono Check Number 56743 ORONO SELF SERVICE 56743 08-JU1-9S ORONO SELF SERVICE Totals Check Number 56743 ORONO SELF SERVICE Check Number 56744 OTTBN BROTHERS 56744 08-Jul-98 OITEN BROTHERS Totals Check Humber 56744 OTTEN BROTHERS Check Number 56745 PERA LIFE INSURANCE 56745 02-JU1-96 PERA LIFE INSURANCE Totals Check Humber 56745 PERA LIFE INSURANCE Check Humber 56746 PERRYS TRUCK REPAIR 56746 56746 08-Jul-9B 08-Jul-98 PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR Totals Check Number 56746 PERRYS TRUCK REPAIR Check Number 56747 PIONEER 56747 56747 13-Jul-98 13-JU1-98 PIONEER PIONEER Totals Check Number 56747 PIONEER 4.36 4.36 20.24 20.24 132.00 132.00 50.00 41.58 91.58 86.31 53.93 140.24 Page 12 Check Transaction Number Date Name Amount Comments Check Number 56740 OFFICE DEPOT 56740 08-JU1-98 OFFICE DEPOT 349.41 OFFICE SUPPLIES Totals Check Number 56740 OFFICE DEPOT 349.41 Gi^ck Number S6741 OLD DUTCH FOODS INC. 56741 08-JU1-98 OLD DUTCH FOODS INC.20.79 CHIPS 56741 13-JU1-98 OLD DUTCH FOODS INC.23.10 ClPS F/RBSALE Totals Check Number 56741 OLD DUTCH FOODS INC.43.89 Check Number 56742 OMkN, LYLE 56742 06-Jui-se ONAHa LYLE 30.40 MILEAGE REIMBURSMENT 56742 08-Jul-98 OMANa LYLE 29.44 MILEAGE REIMBURSMENT 56742 08 Jul-98 OHANa LYLE 14.40 MILEAGE REIMBURSMENT 56742 C;-Jul-98 OMAN,LYLE 43.84 MILEAGE REIMBURSMENT 56742 08-Jul*98 OMANa LYLE 24.97 MILEAGE REIMBURSMENT 56742 08-JU1-98 OMANa LYLE 23.36 MILEAGE REIMBURSMENT Totals Check Number 56742 OMANa LYLE 166.41 ICE ANNUALS AUGUST INSURANCE POLICE AUCTION EXHAUST ELBOW PROPOSED AS NAVARRE WTR FACILITY f r 10 Jul 1998 Fri 12*13 PM Check Register City of Orono Check Number Date Name Check Number 56740 56748 PIONEER RIM k WHEEL CO 13-JU1-98 PIONEER RIM k WHEEL CO Totals Check Number 56748 PIONEER RIM k WHEEL CO Check NUi^r 56749 POSTMASTER 56749 13-JU1-98 POSTMASTER Totals Check Number 56749 POSTMASTER Check Number 56750 POWERCLEAN COMPANY INC. 56750 56750 13-w^ul-98 13-J-1-98 POWERCLEAN COMPANY INC. POWERCLEAN COMPANY INC Totals Check Number 56750 POWERCLEAN COMPANY INC. Check Number 56751 PRAIRIE OFFSET 56751 13-JU1-98 PRAIRIE OFFSET Totals Check Number 56751 PRAIRIE OFFSET Check Number 56752 PRECISION BUSINESS SYSTEMS 56752 08-Jul-98 PRECISION BUSINESS SYSTEMS Totals Check Number 56752 PRECISION BUSINESS SYSTEMS Check Number 56753 PUBLIC SAFETY EQUIPMENT CO. 56753 13-JU1-98 PUBLIC SAFETY EQUIPMENT CO. Totals Check Number 56753 PUBLIC SAFETY EQUIPMENT CO. Check Number 56754 RC IDENTinCATZONS 56754 OS-Jul-98 RC IDENTIFICATIONS Totals Check Number 56754 RC IDENTIFICATIONS Check Number 56755 REED VENDING 56755 56755 56755 56755 08-JU1-98 08-Jul-98 0e-Jul>98 oe-Jul-98 REED VENDING REED VENDING REED VENDING REED VENDING Totals Check Number 56755 REED VENDING Check Number 56756 RITZ CAMERA 56756 13-JU1-98 RITZ CAMERA Transaction Amount 1,105.92 1,105.92 900.00 900.00 1,693.35 3,763.40 5,456.75 512.00 512.00 127.61 127.61 180.00 180.00 15.98 15.98 77.60 44.40 89.80 106.31 318.11 24.48 Page 13 Comments 3 TRAILER AXEL KITS POSTAGE MjrmiLY JANITORIAL CARPET OiEAN k TILE&CHAIR ENVBL0PES6LETTERHEAD MINI-CASSETTES CALIBRATIONOF RADAR UNIT ID CARDS ROLLS, CANDY ROLLS, CANDY ROLLS k CANDY ROLLS, CANDY FILM PROCESSING mm rriMAWT- n ■ i v .■ <■■■■!, ■iliaii Ml —I ■■ ■! I ■■muM !■ Ill II I I ■ ■ I II II ~ ~ - --—I , I — ir rrtmt m - 10 JUl 1998 Fri 12:13 PM Check Register City of Orono Check Nuniber Date Name Jheck Number 56756 56756 RITZ O^RA lB-Jul-98 RITZ CAMERA Totals Check Number 56756 RITZ CAMERA Check Number 56757 SA-AO INC. 56757 13-JU1-98 SA-AG INC. Totals Check NuAber 56757 SA-AG INC. Check Number 56758 SCHARBER & SONS 56758 08-Jul-98 SCHARBER & SONS Totals Check Number 56758 SCHARBER k SONS Check Number 56759 SENSIBLE LAND USE COALITION 56759 13-Jul-98 SENSIBLE LAND USB COALITION Totals Check Number 56759 SENSIBLE LAND USB COALITION Check Humber 56760 SOUTHERN MN CONSTRUCTION CO 56760 56760 56760 13-Jul-98 08-Jul-98 08-Jul-98 SOUTHERN MN CONSTRUCTION CO SOUTHERN MN CONSTRUCTION CO SOUTHERN MN CONSTRUCTION CO Totals Check Number 56760 SOUTHERN MN CONSTRUCTION CO Check Number 56761 ST. BONI k MINNFTRISTA PD 56761 08-JU1-98 ST. BONI k MINNETRISTA PD Totals Check Number 56761 ST. BONI 6 MINNETRISTA PD Check Number 5J762 ST. JOSEPH'S EQUIPMENT INC. 56762 08-Jul-98 ST. JOSEPH'S EQUIPMENT INC Totals Check Number 56762 ST. JOSEPH'S EQUIPMENT INC. Check Ni^mber 56763 STERLING FENCE INC. 56763 08-JU1-98 STERLING FENCE INC. Totals Check Number 56763 STERLIK:. FENCE INC. Check Number 56764 STRBICHERS 56764 13-JU1-98 STREICHERS Transaction Amount 19.06 43.54 136.63 136.63 16.06 16.06 25.00 25.00 12,600.00 2.700.00 2.850.00 18,150.00 553.00 553.00 114.36 114.36 443.00 443.03 -9.96 Page 14 Comments FILM PROCESSING CONCRETE SAND TOGGLE SWITCH TRAINING/LZ STORM/TREE GRINDING GRINDER - STORM GRINDER - STORM SECURITY DETAIL LULBS KENNEL REPAIR RELAY 30 AMP SEAI£D r 10 Jul Fri 12:13 PM Qieck. Register City of Orono Page 15 Check Transaction Number Date Name Amount Comments Check Number 56764 STREICHERS 56764 13-JU1-98 STREICHERS 102.24 MOUTHPIECES 56764 13-Jul-98 STREICHERS 39.90 SWITCH KIT k RADIO HOLER 56764 13-JU1-98 STREICHERS 9.53 BADGE HOLDER 56764 08-JU1-98 STREICHERS 225.84 HELMET 56764 OS-Jul-98 STREICHERS 35.07 HELMET, RESTRAINTS 56764 ia-Jul-98 STREICHERS 14.95 DUMMY ROUNDS/12 GAL ORANG 56764 13-Jul-98 STREICHERS 70.75 CONES,CARTRIDGB AM10 56764 13-Jul-98 STREICHERS 100.00 FLASHLITE H/CHARQBR&HOLOR 56764 08-JU1-98 STREICHERS 48.35 COmSNDATION BARS, LETTER 56764 13-JU1-98 STREICHERS 245.78 TRAFFIC BARRICADE CONES Totals Check Number 56764 STREICHERS 882.45 Check Nuna>er 56765 SUPERAMERICA 56765 08-Jul-98 SUPERAMERICA Tbtale Check SUniber 56765 supbrambrica Check Runber 56766 SURPLUS OPERATIONS 56766 13-JU1-98 SURPLUS OPERATIONS Totals Check Number 56766 SURPLUS OPERATIONS Check Number 56767 T.L. STEVENS 56767 O8-JU1-90 *^.L. STEVENS Totals Check Number 56767 T.L. STEVENS Check Number 56768 THORPE DIST CO. 56768 08-Jul-98 THORPE DIST CO. Totals Check Number 56768 THORPE DIST CO. Check Number 56769 TON MITTELSTAEDT PAINTING INC 56769 13-JU1-98 TON MITTELSTAEDT PAINTING INC Totals Check Number 56769 TOM MITTELSTAEDT PAINTING INC Check NundMr 56770 THIN CITIES SERVICE CENTER INC 25.00 25.00 GAS 1,.^00.00 1,200.00 GENERATOR lOKW,LIBBY 539.05 539.05 IMPELLOR BALANCING 93.6C 93.60 BEER 4,516.00 4,516.00 PAINTING 56770 56770 56770 56770 13-JU1-98 13-JU1-98 13-Jul-98 13-JU1-98 Totals Check NUnd^r 567 Check Number 56771 UNIFORMS UNLIMITED TWIN CITIES SERVICE CENTER INC 23.85 RADIO EQUIP THIN CITIES SERVICE CENTER INC 721.50 RADIO BQUP AGRMNT TWIN CITIES SERVICE CENTER INC 721.49 RADIO BQUP AGRMNT TWIN CITIES SERVICE CENTER INC 721.49 RADIO BQUP AGRMNT TWIN CITIES SERVICE CENTER INC 2,188.33 Check Number 56773 UNUM LIFE INSURANCE - LIFE 56772 OS-Jul-98 UNUH LIFE INSURANCE - LIFE 56772 08-Jul-96 UNUM LIFE INSURANCE - LIFE 56772 08-Jul-98 UNUN LIFE INSURANCE - LIFE 56772 ll-Aug-97 UNUM LIFE INSORANCE - LIFE 56772 11-Aug-97 UNUM LIFE INSORANCE - LIFE 56772 ll-Aug-97 UNUM LIFE INSURANCE - LIFE Totals Check Nuniber 56772 UNUM LIFE INSURANCE - LIFE DATACRPri CORF'.Fax:C.i:'-'j31-041S Jul 6 ’OR 14:4'?P.Ol VIA FAX Kent Whitworth 1425 Bay Ridge Road Wayzala, MN 55391 (612) 473-1837 July 8.1998 Ms. Elizabeth Van Zomeren City Planner/Zoning Administrator City of Orono 2750 Kelley Parkway Orono, MN 55323 Dear Liz: Please extend our variance request (#2357). We have not been able to provide the Information the council requested because we still do not have a final plan for the wall. I expect to finalize the plan by the end of this month, so I expect to be able to provide an engineering plan for the wall and hard cover calculations som^ in August. Sincerely, Kent Whitworth COUNCIL MEETING Mayor and City Council Ron Moorse, City Administrator DATE: July 9,1998 SUBJECT; Update Regarding Priority Projects and Timelines JUL 1 3 1998 CfTYOFORONO -1 Highway 12 Corridor Issues. A. Vibr v.ion/Noise Study. 1) Finalize scope of services with study consultant by July 17. 2) Complete the study (if the study is done without vibration monitoring) by August 30. 3) If the study includes vibration monitoring, the completion schedule is unclear but will be substantially longer. B. Stubbs Bay Road Closure, Cul-de-Sac, and Overlay. 1) A request for Mn^OT to accomplish this at its expense was sent to Mn®OT in May. 2) Mn/DOT is supportive of the request. A response is expected m the near future. C. Water Resources (Stormwater Drainage) Study. 1) The ponding soiuUon at Washington Scientific Inc. (WSR ' soil tMting can be completed. The soil testing is being delayed due to WSl not allowtag IvWDOT on the site. Mn®OT is also doing soil testing at the west end of the cemetery property adjacent to the WSI property. 21 Long Lake wants MnA)OT to redirect all stormwater runoff from its commercial/industrial area away from Long Lake to i^nds in^the of Fleming Addition. Orono has expressed concern that sufficient pondmg capacity needs to be provided to prevent flooding downstream, ^d to ensme the quality of t’^e stormwater running to Lake Minnetonka remains at leas current levels. r Update Regarding Priority Projects and Timelines continued July 9. 1998 Page 2 ________________________ 3. D. Slope vs. Retaining Wall for Properties Between Old Crystal Bay Road and Willow Drive. 1) Staff will provide a report to the Council identifying the pros and cons of each option by July 24. E. Determinaticn Regarding Whether the City will Allow Lots Made Non-Conforming in Terms of Lot Area, Due to Right-of-Way Acquisition for High^vay 12, to Remain as Separate Parcels. 1) Staff will determine the approximate lot area that would remain after the right-of-way acquisition for each lot affected by the Highway 12 project. Staff will also determine as clearly as possible, based on the City's on-site septic information, whether each lot would continue to have a workable septic system and an alternate septic site. This information will be determined by July 24. 2. Highway 12 Land Use Issues. A. Revision of the Industrial Zoning Ordinance. 1) Staff is developing an amended industrial zone ordinance focused toward light industrial uses. An outline of the ordinance and key issues related to the ordinance will be prepared by July 24 for discussion at a Council work session. An ordinance will be drafted for Planning Commission review at the August 17 Planning Commission meeting. City Assessor. A.Rolf Erickson has determined that he will not continue to provide property assessment services for the City. Staff is preparing both an RFP and a job announcement for the provision of property assessment services for the City. These will be complete by July 17. Staffs goal is to have an assessor on board by late August. 4. Comprehensive Plan Update. A. Staff has suggested a w’ork plan and action steps for the completion of the update of the City’s Comprehensive Plan. Staff needs direction from the Council regarding whether the Council agrees with the work plan and the specific action steps. Once the Council approves the work plan, staff will develop a timeline for completion of each of the action steps. Update Regarding Priority Projects and Timelines continued July 9, 1998 Page 3 5. 6. Park Dedication Ordinance. A.The park dedication ordinance has been amended to meet current legal requirements. Additional work is necessary to enable the dedication requirement to apply to development that does not involve a subdivision. Staff is collecting information regarding ordinance language in other cities to accomplish this. A revised ordinance will be available for Planning Commission review at the September Planning Commission meeting. Femdale Road. A.The preliminary design concept and funding formula have been agreed upon. Preliminary plans are to be complete by July 20. The edges of the alignment will then be staked for review by the cities. Upon approval of the preliminary layout, final plans and specifications will be completed so that bids can be received in September. The project will be constructed during the 1999 construction season. 7. Old Crystal Bay Road Trail. A. Hennepin Parks plans to complete the trail up to County Road 6 and along County Road 6 to Baker Park during this construction season. 8. Fire Inspection Services. A. The City has received two proposals for contracted fire inspection services for the Highway 12 commercial/industrial area and the five marinas. Staff will bring a recommendation to the Council at its August 10 meeting. 9. Voice/Data Communications Upgrade. A.The needs assessment has been completed. Staff will meet with the consultant to review the results of the needs assessment on July 15, and will begin to develop an RFP for either a new phone system or an upgrade of the current system and for the provision of Internet access. 10. Brook Park Realty Suit. A. The law firm of Greene and Espel is defending the City in the lawsuit. The City’s response to the complaint was submitted on July 10. r Update Regarding Priority Projects and Timelines continued July 9. 1998 Page 4 11 . Woodhill Country Club Lawsuit. A. The defense of this lawsuit is covered by the City's insurance through the League of Minnesota Cities Insurance Trust. The firm of Greene and Espel is providing the City's defense. An executive session regarding the litigation will be held after the July 13 Council meeting. 12. Clarify Requirements Regarding Building PermitsA^ariances for Legally Non-Conforming Structures that Have Been Damaged by Recent Storms. A. Expected completion date - July 17. 13. Amendment to Home Occupation Ordinance. % A. The ordinance amendment is ready for review by the Council and Planning Commission in a joint work session. 14. Clarify City Policy Regarding Plumbing in Accessory Structures. A. Staff will present a report to the Planning Commission at its July 20 meeting. 15. Response to Cliff Otten's Request for an Interim Use at His Property on the Northeast Quadrant of the Intersection of Highway 12 and County Road 6. A. Action step: Add interim use permit language to the City Code. This will be brought to the August Planning Commission meeting. 16. Amendment to the Density Credit Language in the LR-1 C-1 Zoning District. • • A. Revised language will be brought to the October Planning Commission meeting. 17. Right-of-Way Ordinance. A. The City needs to adopt a right-of-way ordinance to set out requirements for those who do work in the City's rights-of-way, particularly utility companies. The League of Cities has developed a model ordinance. Other cities have made various revisions to the League's model ordinance. Staff has the League’s ordinance and ordinances from other cities. Staff will develop a draft ordinance by November 30,1998. r Update Regarding Priority Projects and Timelines continued July 9, 1998 Page 5 18. Recodification. A.Staff has met with the recodification consultant to review the entire City Code. The consultant will now update and reformat the Code to improve its useability. A draft of the Code will be provided in approximately 6 months. 19. Community Development Block Grant (CDBG) Housing Rehab Grant. A.The cities of Orono and Spring Park were successful in obtaining grants for the rehabilitation of single family housing. The area identified in Orono is in Navarre north of County Road 15 and west of Shadywood Road. The two cities have been awarded a total grant of approximately $135,000. These funds will be made available to low income property owners in Spring Park and the Navarre area on a first-come/first-served basis. The County will provide informational materials in the coming weeks so that the two cities can get the word out to residents in the rehab areas. A neighborhood-type meeting will also be held to provide information to the property owners. 20. Future Sewer Projects. A. The Edgewood Hills sewer project will be rebid in the winter for construction in 1999. B.A neighborhood meeting was recently held with the residents of the Webber Hills neighborhood, during which information was provided and comments were received regarding an alternative to a gravity sewer system. The alternative would be a pressurized system with all properties having grinder pumps. This alternative would substantially reduce the per unit cost. The costs would be approximately $14,000 per unit. There was general support for this-alternative at the neighborhood meeting. The next step is for the neighbors to start a petition to determine the level of support and bring this to the City. If the petition effort is successful, the City would move ahead quickly with a public hearing and the development of plans and specifications so that the project could be bid over the winter and constructed in 1999. 21. City Hall Roof Repair. A.The City Council has received a copy of a letter setting out the planned solution to the roof leak problems on the City Council Chambers building and the Administration building. Kraus-Anderson, the construction manager on the project, has arranged for a contractor to make the repairs on the rear portion of the City Council Chambers building as the first step in the repair process. If the repairs work well here, the repairs will be completed on the other portions of the buildings. r Update Regarding Priority Projects and Timelines continued July 9. 1998 Page 6 22. The following projects have not been placed onto a specific timeline but will be accomplished as time permits or as necessary: A. B-5 zoning study. B. Tree preservation ordinance. C. Fence ordinance review/update. D. Harbor limits ordinance. E. F. G. H. PI^OJECTS Final review of the Spring Hill Golf Course project. Acquisition of road right-of-way on North Arm Lane. Orono Golf Course encroachments onto adjacent property. -f Plan for Dickey Park improvements. I. MCWD Rule B revisions. J. Adult use ordinance. t ■ '®^«-ME£77N q ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15,1998 3 3 1998 ROLL The Orono Planning Commission met on the above date with the follow ing members present: Chair Sandra Smith, William Stoddard, Elizabeth Hawn, Dale Lindquist; Janice Berg and Lili McMillan arrived at 6:36 p.m.; Charles Schroeder arrived at 8:40 p.m. The following represented the City Staff. Senior Planning Coordinator Michael Gaffron, City Planncr/Zoning Administrator Elizabeth Van Zomeren, and Recorder Jackie Young. Chair Smith called the meeting to order at 6:34 p.m. PUBLIC HEARINGS OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#1) ^2364 JOHN SERENA, 4607 WATERTOWN ROAD - CONDITIONAL USE PERMIT 6:31 p.m. - 6:39 p.m. ’ Mr. Serena was present. Van Zomeren reported this application was previously tabled at the Ma> 18. 1998 meeting due to the applicant not being present. Van Zomeren stated the applicant is requesting a conditional use permit to con\crt the fonner house at 4607 Watertown Road into a pool house. The property at 4605. consisting of five acres, and the property at 4607, consisting of 2.0164 acres, will be combined. Staff rcconmcndcd approval of the conditional use permit for a guest house to be used as a pool house provided the structure meets ail current building code requirements and the pool house is maintained for the sole use of the occupants, including domestic employees, or their non-paying guests, of the primary dwelling and not used as a rental or dwelling unit. There were no public comments. Hawn moved, Lindquist seconded, to recommend approval of Application #2364 for the property located at 4607 Watertown Road, including: 1) conditional use permit for a pool house; 2) the combining of Lot 4605 with Lot 4607 to be known as 4605 Watertown Road; 3) the pool house is strictly maintained foi the sole use of the occupants, including domestic employees, or their non- paying guests, of the primary dwelling and not used as a rental or dwelling unit; and 4) follow City Staff recommendations as listed on Van Zomeren's report of May 13, 1998. VOTE: Ayes 4, Nays 0. (#2) #2368 KIRK OTTESON, 710 NORTH ARM DRIVE - VARIANCES, 6:39 p.m. - 7:39 p.m. i , I I I ! \ J.».- ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15. 1998 (//2 - //2368 Kirk Otteson - Continued) Mr. and Mrs. Otteson were present. Van Zomeren stated this application was considered at the May 18. 1998 meeting and was tabled due to concerns about the proposed addition to the c.xisting structure and its impact on the ravine. The building official has had an opportunity to visit the site and indicated that he docs not think the proposed addition will have a negative impact on the ravine because of the existing vegetation and that there would be little if any impact on the "top of the bluff' line. Van Zomeren stated the applicant is requesting a hardcover variance to construct an addition and a deck on the lake side of the existing residence. A bluff setback is required because the proposed addition is located between the top of the bluff and the 30 foot bluff setback, u ith an average lakeshore setback also being required. Van Zomeren noted the e.xisting hardcover is 3.100 square feet with the proposed hardcover being 3,310. The applicant has proposed to exchange non-structural hardcover in the driveway and sidewalk to add the decks and addition. Staff did not recommend rcmo\ al of the sidewalk and parking area because of safct\‘ concerns. There were no public comments. Hawn noted this structure was built before the bluff ordinance w as in effect, but stated she is not in favor of setting a precedent by allowing further encroachment into the bluff line. Hawn stated in the past she has voted in favor of replacing or enclosing existing decks. Otteson stated he was under the impression the Planning Commission was not opposed to the addition. Stoddard remarked the Planning Commission attempts to look at each application on a case by case basis, noting that in order to make a recommendation, the Planning Commission needs to know whether this application falls within the bluff ordinance. Stoddard stated he did not have a problem with the application, noting the building inspector did not feel it would have a negative impact on the ravine. Van Zomeren indicated it was her opinion that it docs fall w ithin the bluff ordinance due to the rise of the land. McMillan noted the bluff would make the lot almost unbifildablc if the residence w as new construction. Chair Smith recommended that the possibility of erosion be taken into account. Chair Smith pointed out that it is the Planning Commission's rcsponsibilit\‘ to assess the implications of the ordinance as it relates to caeh particular property before a decision can be reached. Roger Wickman stated they were under the impression from the previous Planning Commission meeting that they needed to show the drainage impact on this propertv rather than the impact to the bluff. Chair Smith inquired whether the new addition could somehow be constructed without encroaching upon the bluff. Smith also stated a need to reduce hardcov er w ithout remo\ al of the sidewalk. ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 (If2 - if236S Kirk Otteson - Continued) Upon inquiry from McMillan, Van Zomcrcn noted that the City Engineer has not reviewed this propert>' nor made any calculations on how the drainage would be impacted if this addition was built. Stoddard stated the City Engineer ma\- need to review this property to ensure that the drainage concerns are adequately addressed. Otteson stated he would be willing to reduce the current hardcover by possiblv removing the deck on the lake side and would prefer living space to a deck. The applicant stated he would like to stay away from the bluff line as much as possible, noting that he has attempted to conipK- with the Planning Commission s requests. He questioned the top of the bluff line since the area under discussion was verj ’ flat. Van Zomcrcn confirmed that the top of bluff was determined by a surveyor. McMillan stated she also is concerned about setting a precedent with the bluff ordinance if this application is approved as submitted. Chair Smith suggested tabling the matter until later in the meeting to allow the applicant more time to consider the various options open to them. Hawa stated she w'ould like to sec hardcover stay the same or be reduced, no encroachment into the bluff, and enclosure of the back deck. Hawn commented the new ciUrvAvav is fine, with the proposed addition not extending beyond the red line. Lindquist stated he would be in favor of extension to the red line unless the bluff line changes. McMillan noted agreement w ith Lindquist. Otteson stated he would be willing to conipK' with the red line and would submit revised drawings. Van Zomcrcn noted the proposed hardcover is at 29%, and recommended tabling the matter to allow Citv ’ Staff time to review the revised drawings. Lindquist moved, Smith seconded, to table Application 2368 to the July 20th Planning Commission meeting based on City Staff recommendation. VOTE: Ayes 6, Nays 0. (Agenda Item #3 follows Item H4.) • • SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS (#4) #2383 CHRISTINE AND GARY VALERIUS, 3750 B.AYSIDE ROAD - PRELIMINARY CLASS II SUBDIVISION, 7:40 p.m. - 7:51 p.m. Christine and Gary Valerius were present. Van Zomeren stated the preliminary sketch plan has been reviewed by the Planning Commission at their Ma\ meeting and City Council at its May 26, 1998 meeting. The applicants arc proposing a two lot division that includes creating one new lot. A small portion of the parcel is located in the RR-IA zoning district, with the remainder lying within the LR-IA zoning district. V'an Zomcrcn noted the total lot area for Lot I consists of 2.23 acres, with 1 .38 acres being buildable. The ncwlv created Lot 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15,199H (//A - #2383 Christine and Gary Valerius - Continued) will require a variance for wetland credit and lot width. Lot 2 consists of 2.28 acres, with 1.93 acres being buildabic. Wetlands comprise a total of 1.2 acres for Lots I and 2, which will require standard drainage and wetland casements. Council had directed that the new lot could be sewered. An application has been made to the Watershed District for stormwater review. Van Zomcren stated the existing access to the site is a private dri\ cwa\’ off of Baysidc Road. The applicant needs to supply a well location map and a utility construction plan prior to final plat approval. Christine Valerius stated she will be requesting a wetland credit. Valerius stated Hennepin County has approved the driveway access. Stoddard questioned the need for a lot width variance. Van Zomcren stated the combined lots fall five feet short of the required 400 feet for lot w idth. No additional land is available for acquisition to avoid the need for a variance. Van Zomcren noted only Lot 2 would have lake access. There were no public comments. Lindquist moved, McMillan seconded, to approve Application #2383 for a two lot subdivision of the property located at 3750 Bayside Road that includes creating one new lot, a lot width variance and wetland credit per Staff recommendations. VOTE: Ayes 6, Nays 0. OLD BUSINESS: CONTINUATION OF PUBLIC HEARINGS (#3) #2370 GARY O’KEEFE, 1392 BALDUR PARK ROAD - VARIANCE AND CONDITIONAL USE PERMIT, 7:52 p.m. - 9:04 p.m. Mr. and Mrs. O’Keefe were present. Gaffron reported that the Planning Commission prcviousl\’ rc\ icwed the application at its May 18, 1998 meeting. The applicant is requesting a hardcover variance as well as a \ariance and conditional use permit for grading within five feet of a lot line and w ithin the 0-7.5’ lakcshore protected area to permit constri'ction of a new residence to replace the e.xisting residence. Gaffron stated the 0-75’ protected area c.xists on both sides of the lot w hich might constitute a hardship. At its last meeting the Planning Commission recommended that the Applicam limit the hardcover to 40% in the 75-250 setback, if possible, and to eliminate the w alkout The Applicant has submitted a revised site plan which reverses the layout of the house and eliminates the walkout, witli some proposed changes to the drivcwa\’ to reduce the hardcover. Gaffron stated a hardcover variance, a conditional use permit and variance for excavation are required. Staff recommended limiting hardcover to 6765 square feet, with the allowable hardcover in the 75-250'zone limited to 25%. Gaffron noted the revised plan calls for 42.8% hardcover. If the 75 foot setback on both ends of the parcel is taken into account, the proposed hardcover would be around 33%. In order to grant a variance, the Planning Commission must determine whether a hardship exists with regard to the side setbaeks. ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, I998 Cit\ Staff is recommending submittal of a revised grading plan, limiting the hardcover to 6765 square feet overall, no walkout, and evaluating whether grading of the hill is appropriate in the 0-75' O'Keefe stated he is willing to reduce hardcover by eliminating a portion of the drivc\\a\-. air Smith commented she had hoped the hardcover discrcpanc\- could have been resolved prior to tonight s meeting. O’Keefe stated that he calculated the hardcover at 8,665 square feet based on his own measurements. Gaffron noted that the staff did not calculate the current hardcover but relied upon an existing survey. Gaffron commented he would prefer hav ing the O'Keefe’s surv ev or calculate the amount of hardcover currently existing rather than have City Staff rev iew the propertv. Gaffron hardco^r^foS propert Planning Commission to decide upon is what is the appropriate O’Keefe inquired why there are differences in hardcover requirements between Wavzata and Orono when they share the same lake. McMillan indicated Orono's ordinances governing hardcover ^tH^cd grading will be done in the area where the residence is presently It was the wncensus of the Planning Commission that a revised grading plan needs to be submitted in order to allow them to make a determination on a variance and conditional use permit. O'Keefe indicated he would be able to supply a revised grading plan bv Tluirsda.v. !n smith whether Mr. O’Keefe would be vv illing to reduce hardcover m the 75-250 zones, O Keefe stated he would be in favor of reducing hardcover, noting that the anning Commission had recommended hardcover be limited to 40% at its last mtx'ting. which he h^ attempt^ to comply with. O’Keefe’s architect has designed the residence with special pavers which would ell low' water to pass through. Commissioners agreed that grading to blend in with the neighbor’s propertv was acceptable with an approved grading plan. ’ Chair Smith inquired whether anyone from the public wislied to comment on this application. * forTws^pro^rtv^'*' Peprcsentative, inquired whv 40% hardcov cr was being recommended Gaffron reported that 40% in the 75-250’ zone was suggested as a figure that could be obtainable for parcel of land. Since the Applicant is now proposing to raze the existing structure, the property would be considered as a new buildablc lot, and the standard hardcover requirements would be in effect. There was no further public comment. Hawn stated she would like hardcover to be reduced from 40'yo. noting that no vote was taken on ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, IVVK 03 - #2370 Gary O'Keefe - Continued) the 40% hardcover limit. Berg felt that the hardcover was e\ccssi\c, and suggested the size of the house be reduced, noting that the Applicant should sta\‘ within the height restrictions for that zoning district. O’Keefe noted that hardcover was excessive because of the drivcwa\ design based on elevations, not because of a large house. Lindquist suggested the desirable amount of hardcover in his view would be 5731 square feet, or 25 percent of the area within the 75 - 250' zone and the south 0 - 75' zone. Chair Smith stated the Applicant has the option of having the Planning Commission vote on the application as currently proposed or tabling the matter to allow the Applicant more time to consider the various options open to him. Smith felt the application as presently submitted would not be recommended for approval, and if denied, there is a mandatoiy six month waiting period before a new application can be submitted. O'Keefe stated he has attempted to comply with the requests of the Planning Commission. Gaffron stated the current proposal for the hardcover is at 33% if > ou take the 75 ’ setback areas into consideration. In order to reach the 25% hardcover limit, the Applicant must reduce hardcover by 1900 square feet. O'Keefe asked how remodeling the existing house would affect hardcover percentages. Smith responded that requirements arc the same for both remodeling and new construction. O'Keefe requested the Planning Commission table the matter. Smith moved, Lindquist seconded, to table Application H2310. VOTE: Ayes 7, Nays 0. NEW BUSINESS: PUBLIC HEARINGS (#512361 WILLIAM AND LA WAYNE YAEGER, 310 BIG ISLAND - VARIANCES, 9:05 - 9:27 p.m. Tlic Certificate of Mailing and Affidavit of Publication were noted. Mr. and Mrs. Yaeger and their attorney. Win Curtis, were present. Gaffron stated the applicants arc requesting a lot arca/width variance and City designation of Lot 64 as an independent Record Lot in the RS District, and lakeshore setback, side setback and hardcover variances for construction of a new seasonal cabin to replace a pre-existing seasonal cabin, and a side setback variance for a gazebo. Gaffron noted the City rezoned Big island from LR-1 A-l Single Family Lakeshore Residential Subdistrict to RS, Seasonal Recreational, back in 1983. Lots 64-65 and Lots 8-9-10-1 1 were designated as Record Lot 15 by virtue of their common ow nership by Roy Ahem, V aegers have subsequently purchased Lot 64 from Ahem, with Lots 8-9-10-11-65 being owned by Nancy Fames. NmirniYillRI [•Him •jr*ra [•TlTi] mm [•i¥m [•inm [^ (#*•{•] I Wfi [•Hinit^ ^siGimiTira mm wnifl •HlfW mm ^inssimiiiTn [•r«niTO [•iiinii^ [iMirnvii iiriinm iHllil muwrns] KTlTtinTOI Hiring SKIT ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 1998 (,06 - #2376 Richard and Marion Brown - Continued) The Certificate of Mailing and Affidavit of Publication were noted. Mr. BroNNTi was present. Van Zomeren stated the Applicant is requesting a conditional use pennit to work below the Ordinar>' High Water Level for improvements to a boathouse that exists on the propcrt>’. The Applicant is seeking to add four new’ wood posts to raise the lakeside boat entrance to Icx cl the structure, which is consistent with City ordinances. Staff recommends no additional work be completed without approval by the Planning Commission. The Applicant stated he will be installing 12" wood posts. The roof will not be replaced at this time. There were no public comments. Stoddard recommended approving the conditional use permit for boathouse improvements, subject to the removal of the old wooden fcncc/retaining wall currently located on the west side of the property. Brown agreed to the added condition. Stoddard moved, McMillan seconded, to approve Applicant #2376, granting a conditional use permit for the property located at 2685 Shadywood Road to work below the Ordinal y High^ Water Level per Staff recommendations, subject to the removal of an old wooden fence/retaining wall on the west side of the property. VOTE: Ayes 7, Nays 0. (#7) 2377 JOHN CHENOWETH, 3850 SHORELINE DRIVE - FINDING OF SUBSTANTIALLY SIMILAR USE/COMMERCIAL SITE PLAN REVIEW, 9:35 p.m. - 9:47 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Chenoweth was present. Van Zomeren stated the Applicant is interested in purchasing the building at 3850 Shoreline Drive, which is currently being operated as Bay Furniture Store. The property is currently zoned B-5, Limited Neighborhood Business District. Van Zomeren noted the City Council in April. 1986, determined that the furniture store was compatible w ith the other uses in the zoning district and found that it was substantially similar to a galleiy. The Applicant is proposing to continue to sell furniture and home accessories at this location, with improvements to the interior, exterior painting, removal of overgrown shrubs and bushes, and new signage. Van Zomeren stated the Applicant has requested the City to look at possibly expanding the permitted uses for the B-5 district to accommodate other businesses. He suggested s “le retail uses such as a computer store. Chenoweth was also concerned about resale of the propertv' if the furniture business would not succeed. 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, 199« (#7 - if2377 John Chenoweth - Continued) Chcnowcth stated he has concerns with the restrictive nature of the B-5 zone, and w ould like the City Staff to review this matter in the upcoming months. Chair Smith remarked that the B-5 zoning district currently allows businesses that are compatible to the neighborhood, noting that the Planning Commission is open to review mg the zoning district. Schroeder cautioned the applicant that any changes to the permitted uses is a Icngtlu' process, and it is unlikely one parcel would be rezoned. Van Zomeren stated City Staff is willing to discuss with the Applicant his concerns regarding the B-5 zoning district within the nc.xt six months. Shroeder moved, Berg seconded, to approve Application #2377, finding that the intended use at 3850 Shoreline Drive is similar to the permitted uses for the B-5 Zoning District, subject to Staffs three recommendations. VOTE: Ayes 7, Nays 0. (#8) 2378 WILLIAM MERNIK, 1840 LAKEVIEW TERRACE - VARIANCE, 9:48 p.m. - 9:53 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Mr. Memik w'as present. Van Zomeren stated the Applicant is proposing to construct a 4' fence to enclose the entire back yard of the property which requires a variance from height restrictions as it is a through lot. Memik had no comment. There was no public comment. Hawn stated the safety of children should take precedence. Lindquist moved, Hawn seconded, to approve Application #2378, granting a Variance from height restrictions to construct a 4' fence around the property located at 1840 Lakeview Terrace. VOTE: Ayes 7, Nays 0. (#9) 2379 DEBORAH M. SHOLL, 4100 WATERTOWN ROAD - VARIANCE, 9:54 p.m. - 9:58 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Ms. Sholl was not present. Van Zomeren remarked she received a call from the Applicant earlier in the da\ \\ho stated her father had taken ill and would be unable to attend tonight's meeting, and to please proceed without her. The Applicant is requesting a front setback variance to allow construction of a three season porch. ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15,1998 (#9 #2379 Deborah M. Shell - Continued) A front yard setback variance was granted in 1997. This property is subject to RR-IA lot requirements. Staff recommends approval. There were no public comments. Shroeder requested the minutes reflect the Planning Commission voted in the absence of the Applicant. McMillan moved, Berg seconded, to approve Application #2379, granting a front setback variance for the property located at 4100 Watertown Road to allow construction of a three season porch per Staffs recommendations. VOTE: Ayes 7, Nays 0. (#10) 2380 BRUCE SCHMIDTT ON BEHALF OF RICHARD AND KATHY KYLE, 1140 TONKAWA ROAD - VARIANCE, 9:59 p.m. -10:17 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Bruce Schmidtt, architect, represented the Applicants. Van Zomeren stated the Applicants arc requesting variances from a\cragc lakcshorc setback requirements and the 75 foot setback requirement for lakcshorc property to add a second story to their home. This property is located within the LR-IB zoning district and consists of .62 acres. Staff recommends approval of this application, noting no change to hardcover is being requested. Stoddard stated the proposal looks go^. and inquired whether the shed located on the property could be relocated and the current hardcover be reduced b>' minimizing some decks. Bruce Schmidtt stated he has talked to the property owners about hardco\ cr. noting that the lower deck could probably be minimized, but cited a need for the steps down to the lakeshorc. HawTi felt there was a lot of hardcover in the 0-75' zone which could possibly be reduced. She noted the decks look relatively new, yet the records indicate there were no permits issued. McMillan remarked the shed was too close to the propertN’ line, and suggested the deck off the house be reduced with the other deck being kept as is because it ma> be difficult to reduce since the deck is part of the stair structure. Stoddard commented he was in favor of the application subject to the remo\ al of the shed and reduction to both decks. There was no public comment. Berg suggested both decks be reduced with the shed being moved. Bruce Schmidtt suggested that perhaps the patio could be eliminated to reduce hardcover. Van Zomeren stated the shed as presently situated is located two feet off the propert\‘ line. ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15,1998 (#10 - #2380 Richard and Kathy Kyle - Continued) McMillan recommended removal of the shed and patio, with the deck attached to the house being cut in half. Stoddard commented he w’as in favor of the application if the patio is removed, the shed is cither relocated or removed, the deck on the north side is reduced approximately 50 percent (310 square feet), and the ten feet side setback is maintained. Stoddard moved, McMillan seconded, to approve Application ^2380, granting of a variance for the property located at 1140 Tonkawa Road from average lakeshore setback requirements and the 75 foot setback requirement to add a second story to their home per Staff recommendations, subject to the following conditions: 1) removal of shed located on south side of patio; 2) removal of patio and adjacent stairwell consisting of a total of 250 square feet; 3) reduce the size of porch on the north lakeshore side to 310 total square feet (about 50% of existing size) and to make it conform to the 10' side setback requirements; and 4) removal of all plastic landscaping underlayment. VOTE: Ayes 7, Nays 0. ZONING AMENDMENT («11) CITY OF ORONO, CHAPTER 5, BUSINESS REGULATIONS AND CHAPTER 10, ZONING REGARDING HOME OCCUPATIONS. Chair Smith stated this ordinance deals with home occupations and firearms. Van Zomcren stated she has discussed this home occupation ordinance with Cit> Attorney Tom Barrett, who stated the City docs have the right to regulate the sale of firearms. Barrett recommended the City not grant new licenses for the sale of firearms in the future and allowing the current licensees to continue to operate until the>’ fail to renew. Van Zomcren stated notice has been sent to all the licensees on the list and notice placed in the newspaper. There was no public comment. Lindquist stated he was comfortable with allowing the current businesses to operate until they fail to renew with no new licenses being granted. • • • Chair Smith commented that she was unsure about Tom Barrett ’s memo which does not provide the Planning Commission with much insight regarding the statutes regulating the sale of firearms. Hawn commented that 2E, Home Occupation Regulations, should read, the home oceupation shall be conducted w ithin rather than with. Van Zomcren stated the language regarding people gi\ ing riding lessons, tennis lessons or swimming lessons should be clarified further to prevent possible conflicts. I lawn remarked the language contained in 2B • hould also be clarified regarding what the nonresident is permitted to do. ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15. 1998 (if 11 - Zoning Amendment - Continued) Van Zomcren suggested language be included to reflect that the nonresident should onI\- engage in the home occupation which is pcmiittcd by the ordinance in the dwelling unit. Hawn suggested language to the effect that only the residents of the dw elling unit and not more than one (1) nonresident be permitted to work on the premises in connection with the home occupation be incorporated into the document. The members of the Planning Commission concurred w ith Hawn's recommended change. Hawn also pointed out that 21 should read no equipment, machiner> or materials other than those of a t>pe normally found in or compatible with a dwelling unit shall be allowed. Hawn commented that the language be as concise as possible to avoid any potential conflicts, and suggested that the language under 3., Prohibited Occupations in Residential Dwellings, be amended to read objcctional commercial operational characteristics. (Discussion was held off the record from 10:30 p.m. to 10:40 p.m.) (Continuation of Zoning Amendment Discussion) Stoddard moved, Smith seconded, to approve the Home Occupation Ordinance with the suggested changes, subject to the drafting of an enforcement policy which will be prepared by City Staff within 30 days for review by the Planning Commission. VOTE: Ayes 7, Nays 0. PLANNING COMMISSION COMMENTS (#14) PLANNING COMMISSION APPROVAL OF MINUTES FOR MAY 18, 1998 McMillan moved, Lindquist seconded, to approve the Minutes of the Planning Commission meeting of May 18,1998, as submitted. Vote: Ayes 7, Nays 0. (#13) OTHER ISSUES FOR DISCUSSION Stoddard apologized to the Planning Commission for suggesting the O’Keefe's compl> w ith 40% ardco\cr, noting that he docs not recall the comment biit*\vill acknowledge it if reflected in the' minutes. Berg commented that O'Keefe failed to comply w ith the recommended 40% hardcover m his revised proposal. (#12) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON MAY 26, 1998 AND JUNE 8, 1998. None (#15) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON JUNE 22, 1998 AND JULY 13, 1998 June 22 - McMillan Julv 13 - Stoddard 12 ♦ ' ORONO PLANNING COMMISSION MEETING MINUTES FOR JUNE 15, I99S ADJOURNMENT Lindquist moved, Smith seconded, to adjourn at 10:54 p.m. Vote: Ayes 7, Nays 0. Sandra Smith, Chair Person r IMCCLAKE MINNETONKA COMMUNICATIONS COMMISSION DEEPMAVEN EXCELSIOR GREENWOOD LONG LAKE MEDINA MINNETONKA BEACH MINNETRISTA ORONO St BONIFACfUS SHOREWOOD SPRING PARK TONKA BAY VICTORIA WOODLAND 540 SECOND STREET ■ RO. BOX 473 • EXCELSIOR, MN 55331-0473 612. 474-5539 • FAX 612. 474-0430 July 2,1998 Mayor Gabriel Jabbour and City Council Members City of Orono P.O. Box 66 Crystal Bay, MN 55323 COUNCIL Meeting v/UL 3 3 1998 .. . RE: Cable Franchise Renewal Process \ Dear Mayor Jabbour and Council Members: This letter is to provide you with a short summary of the franchise renewal process with Triax CablevisioiL As you know, the LMCC has been working with Triax Cablevision for the past two years in the renewal process. As part of the renewal process, we set up a "Needs Assessment Committee" to research the present and future communications related needs and interests our of residents, business, schools, and local government. This committee solicited input from each of these groups and used this information in negotiations. As we move into the final stages of negotiations, I thought I would share with you some of the key issues that have been agreed upotL Triax will be building a state-of-the-art fiber/coaxial 750 Mhz system. This system will have the capacity to greatly expand the present channel offerings while providing much cleaner and sharper pictures. Triax will also have the capability of offering data, telephony, and other two-way interactive services. We are currently negotiating improved local access facilities, and reserved fiber capacity for public institutional use. Triax will be investing ten to fourteen million dollars into this eighteen month upgrade.. Due to the investment of capital, it is necessary that a long term agreement be achieved. Long term agreements are a must for all cable companies nationwide. Keep in mind that any agreement reached with Triax will be a non-exclusive agreement. We expect to have a renewal agreement ready for approval at our August, 1998 full commission meeting. LMCC does not have the authority to determine what satellite services Triax should offer, nor do we have the authority to demand what equipment should be used. The LMCC does have the authority and will continue to control rates on basic service, review technical standards and compliance, ensure that the cable operator is meeting the needs of the community in customer service, and provide quality television production facilities and training for our communities. f Please feel free to call our oflSce should you have any questions or concerns. Sincere! Timothy J. LMCC Chairman cc: Ron Moorse, City Manager/Administrator/CIcrk ^^Metropolitan Council j3iA Working for the Region, Planning for the Future July 2,1998 Mr. Michael P. Gaffron Senior Planning Coordinator City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 JUL CITY OF ORONO COUNCIL MEETING JUL 13 1998 cmroFORONO RE: Comprehensive Plan Amendment - Maxwell Bay Area MUSA Expansion Metropolitan Council File No. 16800-1 Metropolitan Council District 3 Dear Mr. Gaffron: Metropolitan Council staff has completed its review of the comprehensive plan amendment received by the Council on June 26,1998. The proposed amendment is for a 155 acre MUSA expansion to allow provision of municipal sewer to both currently developed and undeveloped properties near and adjacent to Maxwell Bay, LaJce Minnetonka. We have determined that the proposed amendment is consistent with the Regional Blueprint, including the Regional Growth Strategy, and in conformance with metropolitan system plans. Therefore, the city may place the amendment into effect immediately. The plan amendment states that the current and expected density in the expansion area is approximately 1 unit per 2.8 acres. As the city prepares its 1998 Comprehensive Plan Update, it will need to plan for higher density development (overall 3 units per acre) to be consistent with Council policies. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review of this amendment. The amendment, explanatoiy materials supplied and the information submission form will be appended to the city’s plan in the Council’s files. A copy of your plan amendment was sent to the Minnesota Department of Transportation (MnDOT). You may receive separate advisory comments related to this plan amendment directly from MnDOT. This concludes the Council’s review. If you have any questions regarding this review, please contact Linda Milashius, principal reviewer, at 602-1541. Sincerely, Richard E. Thompson, Supervisor Comprehensive Planning cc: Mary Hill Smith, Metropolitan Council District 3 Don Bluhm, Linda Milashius, Lynda Voge, staff Sherry Narusiewicz, MnDOT Tom Caswell, Sector Representative J-jL U b — •• • • 230 East Firth Street St. Paul. Minnesota 55101-1634 (612)291-6359 Fax 291-6550 TDD/TTY 291-C904 Metro Info Une 229-3780 ^ri Equal Opportunity Employer