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HomeMy WebLinkAboutProject PacketREQUEST FOR COUNCIL ACTION DATE: 4/20/94 ITEM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Zoning Title Asst. Planning & Zoning Administrator Item Description: #792 Minnetonka Power Squadron, 510 Big Island • Conditional Use Permit/Variance -Resolution • 1994 Joint Use Dock License Approval -Resolution List of Exhibits A -CUP /Variance Resolution B -1994 Joint Use Dock License Resolution C -Excerpts from 1994 Minnetonka Power Squadron Handbook D -Memo and Exhibits of 4/12/94 E -1994 Joint Use Dock License Application Summary As noted in the April 12th memo, this application is to follow-up the City's intended granting of a conditional use permit for Day Use Recreation Area to the Minnetonka Power Squadron, which process was commenced in 1983. The Planning Commission held a public hearing on this matter on April 18, 1994, finding that the Minnetonka Power Squadron meets all requirements for a Day Use Recreation Area conditional use permit except for the ratio of users-to-lot-area. With 7 .5 dry acres, at the standard of 20 users per acre the site would be limited to 150 users at one time. Representatives of the Power Squadron indicate that as many as 200 to 300 users are not uncommon at the site on holiday weekends and more users have occupied the site during special events. Planning Commission recommended that Power Squadron be granted a variance to allow up to 500 users under this conditional use permit, and any special events for which more than 500 users are anticipated shall be subject to prior approval of the City Council. It is Planning Commission's intent that requests for approval of such events not be considered as amendments to the CUP nor be ref erred to Planning Commission, but be merely a Council review and approval process. Please review the findings and conditions contained in the attached CUP/variance resolution. A resolution for approval of the 1994 Joint Use Dock License is also attached. Request for Council Action continued page 2 of 2 April 20, 1994 #792 Minnetonka Power Squadron Staff Recommendation Staff recommends approval of a conditional use permit and variance for Day Use Recreation Area, and a 1994 Joint Use Dock License, for the Minnetonka Power Squadron, per the attached resolutions. Proposed Motions 1. Moved by ____ , seconded by ____ , to adopt Resolution # __ granting a conditional use permit and variance for day use recreation area per Municipal Zoning Code Section 10.31, Subd. 3(C) for Minnetonka Power Squadron at 510 Big Island. Vote: ___ ayes, __ nays. 2. Moved by ____ , seconded by ____ , to approve Resolution# , granting a 1994 joint use dock license to Minnetonka Power Squadron, 510 Big Island. Vote: ___ ayes, ___ nays. ch A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE FOR DAY USE RECREATION AREA PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3(C) FILE #792 WHEREAS, Minnetonka Power Squadron, a nonprofit Minnesota corporation, (hereinafter "the applicant") is owner of the property located at 510 Big Island, also identified as RS District Record Lot No. 5, within the City of Orono (hereinafter "City") and legally described as: Tract A, Registered Land Survey No. 1294, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, pursuant to Section 10.31, Subd. 3(C) the applicant has submitted the requested information for review of a conditional use permit for Day Use Recreation Area with occasional overnight camping. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #792. 2. The property is located in the RS Seasonal Recreational Zoning District. Orono Zoning Code Section 10.31, Subd. 3(C), adopted by the City Council in 1983, requires that a conditional use permit be obtained for any day use recreation area, and provides minimum standards for approval of such use. 3. The Minnetonka Power Squadron has operated a day use recreation area with occasional overnight camping at the property continuously since 1969. Page 1 of 7 4. The applicant has made certain improvements to the property since 1969 including a picnic pavilion and vault toilet facility (1972) and a private well ( 1985). Two additional storage structures are located within the property. The picnic pavilion is considered a legal nonconforming structure since it legally existed at its current location less than 7 5' from the shoreline prior to adoption of hardcover and 7 5' lakeshore requirements. 5. Section 10.31, Subd. 3(C-1) requires minimum of 5.0 acres dry buildable area for day use recreation area. The gross lot area of the property is approximately 9 acres, of which approximately 7 .5 acres is considered dry buildable, thus meeting the minimum acreage requirement. 6. Section 10,31, Subd. 3(C-1) also requires a minimum "lot area-to-user" ratio of 1 acre per 20 users. Under that standard, the code would allow up to 150 users on the property at one time. All abutting adjacent land is owned by the Hennepin Parks, and there is no adjacent land available for acquisition by the applicant. 7. The Minnetonka Power Squadron by-laws set no limit on the number of members. The average number of members (family units) is 250 to 350. Therefore, the potential exists for the number of users at any given time to exceed 150. Because the Power Squadron is a nonprofit organization, it is technically exempt from the provisions of Municipal Code Section 5 .25 requiring a license for shows and large assemblies in excess of 300 persons at one time. 8. Lot width at the shoreline exceeds 1,200', and meets the minimum lot width requirement of 200'. 9. Minnetonka Power Squadron has annually obtained a joint use dock license from the City and from the LMCD since 1969. The property contains approximately 2,250' of shoreline and has historically been licensed for the 45 transient slips this shoreline length would allow at a level of 1 slip per 50' of shoreline. 10. The Power Squadron's published rules for "Streater Cove" confine swimming to the beach area, which is designated by buoys. Page 2 of 7 11. The property contains a vault type toilet system which is pumped out as required. The history of maintenance of said system indicates that it meets the intent of the sewage treatment provisions of Section 10.31, Subd. 12. 12. A telephone is available at the site. 13. The property exists as a single tax parcel which abuts the lake. 14. The Orono Planning Commission reviewed this application on April 18, 1994 and recommended approval based on the following findings: A. The site containing 7 .5 dry buildable acres is large enough to support a day use recreation area and occasional overnight camping use without any adverse effect upon the lake or upon the adjacent wetlands located within the northern portion of the property. B. The continued use as a day use recreation area will have no negative impact upon the neighboring adjacent properties nor on nearby properties. C. Based on the historic and expected continuing level of use, the fire protection system developed by the Orono staff for Big Island and the Streater Cove guidelines established and published by the Power Squadron for member use of the site will provide the necessary precautions to maintain the public safety and welfare. D. The historic and continuing level of use requires a variance to Section 10.31, Subd. 3(C)(l) to allow in excess of 20 users per acre on the site at one time. In the opinion of the Planning Commission, the Power Squadron should be allowed up to 500 users at one time without special requirements. Events or occasions in which more than 500 users will occupy the site should be subject to City Council approval. E. The Minnetonka Power Squadron provides a significant public benefit to the lake by fostering and encouraging seamanship and safe boating practices. Additionally, the property is occasionally used by educational, research and civic organizations. Page 3 of 7 15. The City Council finds that granting a conditional use permit to allow day use recreation area with occasional overnight camping will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 16. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit and user density ratio variance per Municipal Zoning Code Section 10.31, Subdivision 3(C) for a Day Use Recreation Area with occasional overnight camping at 510 Big Island (Record Lot 5) for Minnetonka Power Squadron subject to the following conditions: 1. Minnetonka Power Squadron shall be limited to 45 slips at the existing seasonal docks. Applicant shall obtain the required annual joint use dock license from the City and shall meet any multiple dock requirements of the LMCD. All existing dock slips are considered transient rather than permanent mooring slips, but this shall in no way prohibit the occasional overnight docking of boats for overnight camping purposes. 2. Applicant shall provide transportation to the property for annual inspection of the existing sewer facilities and fire protection facilities for compliance for the minimum requirements. 3. Applicant shall provide fire protection for any camp fire rings at the site. Such protection is subject to the special standards developed for island recreation areas by the City of Orono's Building Department. This protection shall consist of a supply of sand, water, bucket and blanket. Page 4 of 7 4. The number of users of the property at one time shall not exceed 500 persons except by special approval of the City Council, which approval may be granted by the Council on a per-event basis upon prior request, subject to any conditions which the Council may determine are necessary to preserve the health, safety and welfare. 5. Authorities granted by this resolution are granted specifically to the Minnetonka Power Squadron or any of its affiliated organizations. Any transfer of ownership of the property other than a transfer to an affiliated organization, shall result in automatic expiration of this permit and the new owner shall apply for a new conditional use permit if a day use recreation area is proposed. 6. 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. 7. The undersigned representative of Minnetonka Power Squadron has read, understood and hereby agrees to the terms of this resolution and on behalf of the Minnetonka Power Squadron, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of April, 1994. ATTEST: Dorothy M. Hallin, City Clerk Authorized Representative of Minnetonka Power Squadron Edward J. Callahan, Jr., Mayor Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this _ day of -----, 1994, by Edward J. Callahan, Jr., Mayor & Dorothy M. Hallin, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 7 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, 1994 TO DECEMBER 31, 1994 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 25th day of April, 1994. ATTEST: Dorothy M. Hallin, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Edward J. Callahan, Jr., Mayor The foregoing instrument was acknowledged before me on this 25th day of April, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. --- CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot #5 (510 Big Island) Agent: Jean S. Peterson Address: 1758 Essex Road, Minnetonka, MN 55305 Licensee is: X unincorporated homeowner' s group incorporated homeowner' s association unincorporated club or recreation group incorporated club or recreation group other --------------- License Period -January 1, 1994 to December 31, 1994 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 Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Lower Lake 45 45 45 45 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 Band C .. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. None V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. EXHIBIT· B .. RESOLUTiqN. /:f'.· .. --~--- ··-i..i c::::::.... o:· LL.I I-w Cl:: ::>-z z l,J '...J:J z 2: 0 w ::::> ... ( -t -I -I -I -,::,r I ltd I -I -I on f -I -f ._ I ...-. I ......,;· I -_-.,· \ """ I -&' <u .:c -2:_ -·---........ . •' .... ·• ..... · .·... . -..... :,-:. ·-✓ := ·. : .. . . '-. --:::;, .. ..c:_ ,! •• •' . ... . , ,,.....,,. . ;".· .. ·. . . ... '( .... . i I • ._ / 1· :: . _....,. 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SAIL and POWER BOATING 1994 HANDBOOK FRATERNAL BOATING CLUB SAIL AND POWER BOATING ------------· -···---~-~- MARCH 2 7 8 12 25-27 APRIL 4 9 11 14 21 23 30 MAY 2 9 18-21 29 30 JUNE 1994 We Mo TU Sa F-Su Mo Sa Mo Th Th Sa Sa Mo Mo w-su Su Mo 4 Sa 5-11 s-su 6 Mo 9 Th 11 Sa JULY 2 Sa 3 Su 4 Mo 11 Mo 16 Sa 22-24 F-Su AUGUST 8 Mo 13 Sa 20 Sa SEPTEMBER 4 Su 5 Mo 7-11 w-su 12 Mo 22 Th MINNETONKA POWER SQUADRON 1994-95 SCHEDULE OF EVENTS 1900 Boating 2 (Minnetonka Boat Works) 1930 Executive Committee Meeting 1930 Sail, IQ, Weather Begin 0800 N Club Meeting District 10 Spring Conference (Milwaukee, WI) 1930 Executive Committee Meeting 0800 N Club Meeting 1700 Fitting out Party 1900 Boating 3 (Eden Prairie) 1930 General Meeting (Uniform B) NOAA Kickoff 0800 Island Preliminary Work Party Island Work Party 1930 Seamanship (New Members) 1930 Executive Committee Meeting ·USPS Spring Governing Board (St Louis, MO) 0900 Island Breakfast 0900 Island Breakfast "Public" Safe Boating Event Safe Boating Week 1930 Executive Committee Meeting 1930 General Meeting (Uniform D) 1300 Island Safe Boating Day 1830 Steak Fry /Potluck . 1400 Predicted Log Clinic 0900 Island Breakfast 1400 Predicted Log Contest 0900 Island Breakfast 1300 Children's Party 1830 Steak Fry/Potluck 1930 Executive Committee Meeting 1400 Poker Run District 10 Rendezvous (Red Wing, 1930 Executive Committee Meeting Casino Party MN) 1930 Sunset Cruise w/(almost) Full Moon 0900 Island Breakfast 1730 Shrimp Feast 0900 Island Breakfast USPS Fall Governing Board (Detroit, MI) 1930 Seamanship, AP Classes Begin 1930 Executive Committee Meeting 1930 General Meeting (Uniform F) OCTOBER 1 Sa 3 Mo 4 Tu 8 10 15 17 21-23 29 Sa Mo Sa Mo F-Su Sa NOVEMBER 7 Mo 10 Th 12 Sa DECEMBER 3 Sa 5 Mo 12 Sa JANUARY 1995 9 Mo 14 Sa 25-29 w-su 27-28 F-Sa FEBRUARY 1-5 T-Su 2 Th 6 Mo 11 Sa 13 Mo 14 Tu 18 Sa Notes: MINNETONKA POWER SQUADRON 1994-95 SCHEDULE OF EVENTS (continued) Fall Bonfire 1900 Boating 4 (Location TBA) 1930 Engine Maintenance Class Begins 1930 Marine Electronics Class Begins 0800 N Club Meeting 1930 Executive Committee Meeting 0800 Island Docks Out Work Party 1930 Piloting Class Begins District 10 Fall Conference (Wausau, WI) Halloween Get Together 1930 Executive Committee Meeting 1930 General Meeting (Uniform A) 0800 N Club Meeting Holiday Party 1930 Executive Committee Meeting 0800 N Club Meeting Seamanship/AP/JN and Navigation Classes Begin 1930 Executive Committee Meeting 0800 N Club Meeting 1430 MPS Annual Meeting (Uniform A) Minneapolis Boat Show District 10 Winter Council Meeting (Wausau, WI) USPS Annual Meeting (Miami Beach, FL) USPS Founder's Day 1930 Executive Committee Meeting 0800 N Club Meeting 1900 Boating 1 1930 Piloting Class Begins . 1930 Cruise Planning, Weather Classes Begin Change of Watch (Uniform Aw/Bow Tie) ALL CLASSES (Except Boating Courses and others as announced) are held at Peace Presbyterian Church, 7624 Cedar Lake Road, St. Louis Park, starting at 1930. Mo=Monday, Tu=Tuesday, We=Wednesday,Th=Thursday,Fr=Friday Sa=Saturday, Su=Sunday 2 NUMINA IIUNS STANDING COMMITTEES Gary Nissen, AP -1994 P/C SQUADRON MEMBERSHIP Law Officer Bud Flynn, N -1994 Lt EXECUTIVE COMMITTEE Brad Herman, P Lt Dennis Peterson, N -1995 P/C ' I Gene Newcomb, P -1995 Lt Streater Cove/Island Mgr Julia Rossini, AP -1996 P/C Robert Stierna, N Cdr EXECUTIVE COMMITTEE Tom Rossini, N P/C Jim Harley, P -1996 Lt Willard Peterson, N LI/C ~ RULES Ken Zullo, AP LI/C District 10 Rendezvous Carole Magnuson, JN Lt/C Merritt Peterson, AP Lt LeRoy Fischbach, P -1994 Lt Linda Golie, P LI/C SQUADRON COMMANDER Jean Peterson, P LI/C Robert Stierna, N Cdr Squadron Endowment William Price, N -1994 P/C Carol Smith, P 1st/LI Julia Rossini, AP P/C James Ogland, JN -1995 PIG Jeff Hamilton, AP 1st/Lt Uoyd Pratt, N -1995 P/C Ed Stanke, AP P/C Roger Arent,N-19% P/C Brian Sanderson, AP 1st/LI Educational Fund Merritt Peterson, AP -1996 Lt Mike Montilino, P 1st/Lt Flag Eti1uette Aide Jim Ogland, JN P/C Tom Rossini, N P/C AUDIT Brad Herman, P •• Lt Don De urik, P Lt Sharon Schelske, B Lt David Fisher, AP -1994 Lt Julia Rossini, AP .. PIC Advisors Chaplain Baylon Loosbrock, AP -1995 P/Lt/C Roger Arent, N P/C Patricia Arent, P Lt Merlyn Johnson, AP -1996 Lt •• Non -Voting Frank Golle, N P/C I I I I Executive Officer Educational Officer Treasurer Administrative Officer I Secreta\fe Willard Peterson, N LI/C Carole Magnuson, JN LI/C Jean Peterson, P LI/C Ken Zullo, AP LI/C Linda Gol e, P LI/C I Asst Educational Officer Asst Treasurer l Assistant Secretary Public Relations John Sydloski, AP 1st/Lt Ken Miller, AP 1st/Lt Membership Daniel Goldman, P 1st/Lt Brian Sanderson, AP 1st/Lt Property Officer Carol Smith, P 1st/Lt I Education Materials Judith Miegel, S Lt Marie Everson, S Lt Cooperative Charting · Robert Busse!, P LI Member Outreach Tom Zembal, AP Lt Robert Bossert,S Lt . Personal Education Planning Member Involvement Judith Russell, B Lt Boat Shows Supplemental Programs John Haurykiewicz, AP LI Dennis Cox, S LI Ships Store Bill Schelske, AP Lt Bud Flynn, N LI Education Communication Tony Anderson, P Lt Daniel Goldman, P LI Teaching Aids Lloyd Pratt, N P/C Entertainment LeRoy Fischbach, P Lt Dave Fleming, N Lt Mike Montllino, P 1st/Lt Safe Boating Week Boating Activities Notification Gene Rosenberger, AP Lt Marshall Weber, P Lt I I Merlyn Johnson, AP Lt Elective Grades Advanced Grades I Public Boating LeRoy Fischbach, P Lt Government Liaison Roger Arent, N P/C Bill Price, N PIC Edward Stanke, AP P/C Operations Training Historian Robert Pillsbury, P Lt Jeanne Johnson, S Lt I I Gary Nissen, AP P/C DNR Liaison -Exotic Plants 1::ng1ne Maintenance Seamanship Boalin8 Classes Meetings & Programs Patsy Stlerna, S Lt John Sydloskl, AP Lt Frank Churchill, JN P/C Dave uenow, S Lt John Ross, AP Lt Marine Electronics Piloting Boating Organization Liaison Steve Merjanian, JN Lt Don Duncan, P Lt Boating Support ' Port Captains Ted Herman, S Lt Renae Koser, AP Lt Lenore Churchill, S (Mika) Lt Weather Advanced PIioting Jon Koser, AP Lt Dennis Peterson, N (Miss) P/C Radio Tech Frank Golie, N P/C Dave Fisher, AP Lt Proctor Chair Tom Rossini, N(supr) P/C Paul Blomberg, B Lt Sail Junior Navigation Gerald Canfield, P Lt Publications Editor f Safety Gene Rosenberger, AP Lt Karl Larson, N P/C Boating Video Distribution Jeff Hamilton, AP 1st/Lt Instructor Qualification Don Hartung, P, Lt Don Mlegel, P Lt Navigation TonkaNAUTS Mailings Bill Price, N P/C Van Cardashian, N Lt Video Examinations Les Walstrom, P Lt / Tom Rossini, N P/C Linda Golie, P LI/C Cruise Planni7-? Celestial Sights Boating Safely Tom Rossini, P/C Karl Larson, N P/C Lynn Shellenbarger, P Lt Advertisin& Bm Schels e, AP Lt Sight Days Dan Knight, P Lt Dave Fleming, N Lt ~~~nttk ~~~~?.~~I. ~N P/C It 51 STREATER COVE POLICIES & PROCEDURES Streater Cove is a private facility that the Minnetonka Power Squadron owns through the generosity of Mr. Ed Streater and other early members of the squadron. Its use is a privilege of members in good standing who may use it as a rendezvous point for social events, education, meetings and overnighting. Members have a right to expect proper conduct from other members, their families and guests. Members who conduct themselves in an unbecoming manner or knowingly break National or local USPS bylaws or policy may be restricted from access to Streater Cove. 1. DOCKING PROCEDURES To help recognize our members, USPS reflective decals are required on member boats. Members should also fly the USPS Ensign during daylight hours and the Minnetonka Burgee always. Docking is on a first-come basis. Spaces cannot be reserved. 2. Help others dock in fair or foul weather. Dock accordingly to maximize the available space. Explain to non-members that boat up to our docks that this is a private facility. "Public" beaches and restrooms are located at Excelsjor Beach commons. 1. 2. 3. SAFETY POLICIES Swimming is at your own risk and permitted only in the "beach" area. No diving is permitted l Everyone please keep a close eye on the children. When docked, use of open-flame grills are not permitted on piers or boats. Pitch tents only when they are fifty (50) or more feet from barbecue grills or open fires. 4. Fireworks and firearms are not permitted at Streater Cove. 5. 6. 1. 2. 3. 4. 5. Please observe minimum wake when within 400 feet of our docks. If an emergency arises, contact 911, or the Water Patrol at 471- 8528 or VHF channel 16. ELECTRICAL POLICIES Electrical service is available to members for an annual fee. Contact the Squadron Treasurer to arrange for payment of this fee and to receive the combination to the electrical boxes. Cords must be marine approved and in good working condition. Connect cordsets to boat, then to power box before energizing. To disconnect, turn power off at power box first l Only one (1) cordset per boat per annual fee. Piggy-backing from boat-to-boat is prohibited. Do not leave cordsets unattended on the docks. 1. 2. 3. 4. 5. 6. 7. COURTESY GUIDELINES Quiet time is to be observed between 2300 and 0900. During sanctioned squadron events, quiet time will be established and published by the Executive Committee before the functions. Keep voices and music at a reasonable level during your·stay. Pets are welcome to the island .. As a matter of safety, when pets are not on their owner's boat, they must be on a leash and under control. Keep pets well away from the pavilion and other eating areas as well as the swim area due to health concerns. The animal relief area is to the North of the swim beach. Please pick up and dispose of properly the accidents that occur outside of the relief area. What you bring to the island, please take with you l We do not have trash facilities. If you leave it behind, you burden other members with your trash. Picnic tables under the pavilion are not to be removed. When using the telephone, please limit call to 3 minutes. Cold ashes from grills should be placed in the fire pit. Cigarette butts should not be tossed on the ground. Please use the butt cans provided. 8. Please tell the children not to remove or throw our rip rap rocks. This was a $10,000 investment by the squadron to control erosion. 9. All tools, equipment and sports items should be returned to the storage areas when finished. 10. The last person to leave the island should: stow the flags; lock the telephone; lock up any shore power boxes; secure the sheds; turn off electrical switches in the head and extinguish any fires. 11. Alcoholic beverage containers should be kept out of sight when on the island. 1. 2. 3. 4. GUEST PROCEDURES Inviting "Guest Boats" to visit Streater Cove is always encouraged. The inviting members must be present on the island. When entertaining, a member can bring up to eleven (11) guests to Streater Cove. Groups of more than eleven must have written permission from the Island Chair. Groups of 50 or more must also have the approval of the Executive Committee. "Overnight Guests" aboard your boat are permitted. Inviting "Overnight Guests Boats" to Streater Cove is permitted and must have permission from the Island Chair.Be prepared to raft the invit~d guest boat along side your vessel if room is needed for fellow members, "Overnight Guest Boats" may be invited twice during the summer. 52 49 MEMBERSHIP PROCEDURE UNITED STATES POWER SQUADRONS AND . MINNETONKA POWER SQUADRON USPS is recognized as a leader of SAFE BOATING THROUGH EDUCATION in the yachting world. To maintain this position we must continue to attract and invite into our membership candidates who will become involved active members. In general, any person 18 years of age or older, who is a citizen of the United States may be admitted to membership provided certain other requirements are met. A candidate must have: 1. Shown an interest in becoming a member of the USPS. 2. Indicated a willingness to contribute time, energy and skill to the objectives of the USPS . 3. A desire to learn more about the fun of SAFE boating. 4. Be socially acceptable to the members of the Squadron. 5. Passed the prescribed examination demonstrating a sufficient ievel of boating knowledge. (Normally, satisfactory completion of the Boating Course). There are no membership restrictions with regard to sex, color, religion, or heritage. The Prospective member will be invited to a meeting at which the Membership requirements and procedures as well as the organization of the USPS will be explained. There will be an opportunity for the .candidates to get answers to any questions they may have concerning USPS. Each candidate will be interviewed by a member of the Membership Committee to determine his or her suitability and desire to become a member of USPS. Active members who meet these requirements may invite any qualified friend or associate to become a member. All sponsors are expected to attend this meeting to introduce the candidate and assure that he or she is made to feel comfortable and welcome. NEW members accepted to membership in the USPS are expected to complete the following requirements during the first 24 months of membership: 1. Attend Operations Training. 2. Earn at least one Merit Mark. 3. Successfully complete Seamanship and Piloting. FAMILY MEMBERS POLICY Family membership is available to the members of the family of an Active Member. The term "family" includes the spouse of the Active Member and all persons related by blood, legal adoption or marriage who are at least 12 years of age and less than 25 years of age and who reside with or are dependents of the Active Member. The invitation to family memberhship is subject to the same criteria of objective judgment by the Membership ment by the Membership Committee as invitation is extended to any prospect for active membership. Family Members are not entitled to hold office, wear the uniform, fly the Ensign, or earn Merit Marks, but are entitled to take all USPS educational courses offered by the Squadron and participate in the social activities as any Active Member. Upon the termination of the membership of the Active Member, the Family Memberships following there from wili also terminate unless the Family Member qualifies, is invited by the Executive Committee and elects to become an Active Member of the Squadron. A Family Member upon becoming an Active Member of the USPS, will be entitled to wear, on an approved uniform, the grade insignia representative of the Advanced Grades passed while a Family Member. (Additional information concerning Family Membership may be found in USPS Bylaws Chapter 11, Section 11.63A ). !iO 53 MINNETONKA POWER SQUADRON COURSE OFFERINGS BOATING -The safe boating course offered to the general public. BOATING SAFELY -New course designed to teach safe boating to young people. ADVANCED GRADES (A sequence of courses) SEAMANSHIP -Teaches general safe boating handling knowledge. PILOTING -Introduction to course plotting techniques. ADVANCED PILOTING -Advanced course plotting for tides and currents. JUNIOR NAVIGATION -Basic celestial navigation skills. NAVIGATION -Further development of basic celestial navigation skills and introduction to a number of special navigational problems. ELECTIVE COURSES (Taken in any order) WEATHER -Introduces weather concepts and builds awareness to application of concepts to safe boating. SAIL -Teaches fundamental sailing skills. INTRUCTOR QUALIFICATION -Develops presentation and lesson planning skills. CRUISE PLANNING -The multitude of factors to be considered prior to taking a short or long cruise are studied. ENGINE MAINTENANCE -This course teaches fundamentals of boat engine systems. MARINE ELECTRONICS -Builds a comfort level in students toward their boat's electrical systems. SUPPLEMENTAL PROGRAMS (Self teaching materials) Water Skilling Boat Insurance Oceanography Hand Tools Navigational Astronomy Compass Adjusting Amateur Radio Boat Design and Construction Predicted Log Contest Preparation for Coast Guard License Coast Guard License Rules of Road Coast Guard License 6 Pack to Master Calculators for Navigation Introduction to Sailing Sight Reduction Methods CIVIC ORGANIZATION PROGRAM Minnetonka Power Squadron sponsors a "ship" of the Sea Explorers. For further information about this organization call: Merlyn Johnson at 934-2809. 1. MINNETONKA POWER SQUADRON GOALS 1994-95 Attain District 10 Three Star Squadron status through efforts of all departments. 2. Obtain district membership goal of 379 by 31 January 1995. 3. 4. 5. 6. 7. Every new member will be aware of their opportunities and responsibilities and have an involvement and education plan prepared. Remain a full service educational organization by offering a minimum of one class in every advanced grade and elective course during the year. Ask that new members complete Seamanship, Piloting, Operations Training, and earn a Merit Mark during the first two years of membership. Conduct expanded' Liaison activities with Boat/US, U.S. Coast Guard Auxiliary, Hennepin County Sheriff's Water Patrol, Minnesota Department of Natural Resources, and Lake Minnetonka Conservation District. In conjunction with the St Paul Squadron, host the District 10 Rendezvous at Red Wing. 22-24 July i994. 54 55 OBJECTIVES OF THE UNITED STATES POWER SQUADRONS AND MINNETONKA POWER SQUADRON To selectively having a common boaters; associate love of congenial yachting as persons of good character a nationwide fraternity of To encourage and promote yachting, power and sail, and to provide through local Squadrons and otherwise a practical means to foster fraternal and social relationships among persons interested in yachting; To encourage and promote a high amateur standard of skill in the handling and navigation of yachts, power and sail; To encourage and promote the study of the science and art of navigation, seamanship and small boat handling; To develop and promote instructional programs for the benefit of members; To stimulate members to increase their knowledge of and skill in yachting, through instruction, self education and participation in marine sports activities and competition; To encourage its members to traditions, customs and etiquette; abide To render and encourage its members to patriotic or other civil service as it determine or elect. by recognized yachting render such altruistic, may from time to time CHANGE OF WATCH 1993/AWARDS CIVIC ...•••.....•....••• BILL SCHELSKE FRATERNAL •.....••.•..•.. CINDY HANGSLEBEN EDUCATION ....••....•...• DAVE FISHER WHITE HAT -Awarded to New Members for extra contributions and efforts during their first year of membership. MARIE EVERSON -MIKE GILBERT -BARB HOKANSON TOM MERTZ -MARY PEPIN -GALE WEILAND LOU SCHRICKER MEMORIAL EDUCATIONAL EXCELLENCE AWARD -Dedicated to P/C Lou Schricker, N -a charter member of Minnetonka; Commander in 1962; and a Life Member with 34 Merit Marks. Presented to the squadron member exhibiting the greatest love of boating knowledge and learning. (Basically meant to be a student's award established 8 Jul 91.) JIM DOYLE THE "MINNETONKA" TROPHY (Donated by P/C Tom Rossini, N) Given to a member whose commitment of time, effort and enthusiasm over the past 10 years has been exemplary and contagious. Established in 1988. BUD FLYNN HONORARY MEMBERS , , These non-members have been awarded a one-year Honorary Membership into the Minnetonka Power Squadron. The three ladies are widows of Past Commanders. The gentlemen are community leaders who have advised the squadron and made significant contributions of time or talent. ALYCE DAVIS -B KINGHORN -JEAN SCHRICKER BILL CHANDLER -KIM ELVERUM -BILL NAEGELE -BILL NICCUM VIC NORTON -JIM RAMSTAD -MARC RUDE -GENE STROMMEN COMMANDER'S AWARD TOM ROSSINI -BRIAN SANDERSON -MIKE MONTILINO LYNN SHELLENBARGER -BILL PETERSON 56 TO: Planning Commission Members Ron Moorse, City Administrator FROM: Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE: April 12, 1994 SUBJECT: #792 Minnetonka Power Squadron, 510 Big Island -Conditional Use Permit Application: Conditional Use Permit for Day Use Recreation Area. Note: This application was initiated by the City in 1983 per the requirements of the then newly adopted RS District Zoning Ordinance. When the City Planner Al Olson resigned in September 1983, his preliminary work on this application somehow was filed away and forgotten. During Council's review of joint use dock license applications this spring, a question was raised regarding whether the Power Squadron's docks are transient or permanent, and in researching that question staff found that a Day Use Recreation Area CUP had inadvertently never been drafted or issued. List of Exhibits A -APO Letter 5/25/83 B Snook Letter 6/17 /83 C -APO Letter 6/21/83 D -Plat Map E -Property Owners List F -Site Plan G -RLS 1294 H Memo of 3/21/94 I -Letter from Bradley S. Herman 4/7 /94 J -10.31, Subd. 3(C) K -Photos (Circa 1983) L -1994 Joint Use Dock License Application M -4/23/83 Memo Re: Toilet Facilities N -10/31/90 Septic Inspection Report Pertinent Code Section: Section 10.31, Subd. 3(C): "Day Use Recreation Areas" are a conditional use within the RS Seasonal Recreational Zoning District (see Exhibit H). Background In 1983, the City adopted Ordinance No. 246, establishing the Seasonal Recreational zoning district to include Big Island, Mahpiyata Island, and Deering Island. Prior to 1983, the islands were zoned LR-lA-1, a Single Family Lakeshore zone requiring 2 acre minimum lot size. Zoning Memo #792 April 12, 1994 Page 2 The new RS Ordinance established each individual existing lot or group of commonly owned lots as "record lots 11 • 11 Conforming record lots II were those of 5. 0 acres or larger. 11 Substandard buildable record lots" were those less than 5 acres with or without an existing seasonal dwelling structure regardless of lot size, with those vacant lots of 1/3 acre or less being considered as substandard unbuildable record lots. The RS Zoning Ordinance established permitted, conditional and accessory uses, set minimum standards for septic systems, and set minimum standards for building construction and fire protection systems. It was the City Council's intent in 1983 to recognize all existing uses on Big Island, and issue lot area variances and CUPs for existing principal dwellings, guest cabins, day use recreation areas, and overnight camps. City Planner Al Olson created special application forms for the principal dwelling use and guest cabin CUPs, of which there were a significant number, but made no special application for day use recreation areas or overnight camps, of which there were one of each. Rather, he wrote a letter to the Power Squadron requesting specific information in order to draft a CUP resolution acknowledging their existing uses. He assigned a file number to the Power Squadron application but never drafted the CUP, and, once he left the City, Application #792 was lost in the shuffle. It is staff's intent to complete the CUP review process and issue the CUP per the City's 1983 intent. Day Use Recreation Area CUP Requirements Exhibit J contains the requirements of Section 10.31, Subd. 3(C), the standards for a Day Use Recreation Area conditional use permit. Further, that exhibit indicates how the Power Squadron meets each of the requirements: • Exceeds minimum 5 acre lot size requirement. • Dry buildable area of 7 .5 acres (gross area is 9 acres) would allow up to 150 users at one time per code (see discussion below). • Lot width of 1,200' greatly exceeds 200' minimum. • Annual joint use dock licenses obtained yearly since 1969. • Historically licensed by City for 45 transient slips, equal to 1 per 50' of shoreline. • Maintains an established swimming area separate from boating areas. • Maintains a vault toilet system which is pumped out as needed. • No recent building permits have been requested. • A telephone is available at the site as required. • Property does abut the lake as required. • Property exists in a single tax parcel as required. Zoning Memo #792 April 12, 1994 Page 3 Additional Information Please review Bradley Hermans' letter regarding the types of activities which generally occur at the site. The Power Squadron has a reputation as a "good neighbor" to the boating public, providing a variety of service functions, and has used this site continuously since 1969 or earlier. The site is capable of handling a significant number of people on a short term basis. There is electricity at the site, and a 142' deep well provides water for users. A 1,200 s.f. canopied pavilion prov ides a shaded picnic area, and two storage buildings house property maintenance equipment. The pavilion is less than 75' from the shoreline, but is a legal non-conforming structure, with a building permit approved by the Council in 1972. The 12 seasonal docks at the site are stored on the grounds in winter. There is a permanent dock at the rear of the property also used on a transient basis. Area-to-User Ratio The Power Squadron historically has had 250-350 family-unit members, and did so prior to the 1983 ordinance. Their use of the site on a number of occasions in any given year exceeds the limit of 20 users per acre we would impose on any new user applying for a CUP. As many as 200-300 or more persons have successfully used the site at one time. A number of factors may suggest that the City should not strictly limit the use of the site to 150 persons: • This level of use pre-dates adoption of the RS ordinance. Power Squadron is not a new user. • All adjacent land is owned by Hennepin Parks and is not available for purchase, hence there is no expectation that the site can be expanded to meet the 1983 standard for more than 150 users. • Section 5.25 "Shows and Large Assemblies" Subd. 7 provides that incorporated non-profit organizations are exempt from the requirement to obtain a license for a gathering of more than 300 people. • Power Squadron does not want to be in a position of having to obtain 'permission' to do their normal and customary activities which may include more than 150 users. • Power Squadron has apparently done a good job of handling large crowds and has not created problems . Staff Recommendation The Power Squadron appears to the meet the requirements for a day use recreation area conditional use permit. The City has received no complaints regarding this use of the property. Zoning Memo #792 April 12, 1994 Page 4 Planing Commission is requested to consider recommending approval of a Day Use Recreation Area CUP per the specific conditions of the draft resolution attached. These conditions are open to discussion. ch L A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR DAY USE RECREATION AREA PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3(C) FILE #792 WHEREAS, Minnetonka Power Squadron, a nonprofit Minnesota corporation, (hereinafter "the applicant") is owner of the property located at 510 Big Island, also identified as RS District Record Lot No. 5, within the City of Orono (hereinafter "City") and legally described as: Tract A, Registered Land Survey No. 1294, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, pursuant to Section 10.31, Subd. 3(C) the applicant has submitted the requested information for review of a conditional use permit for Day Use Recreation Area with occasional overnight camping. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #792. 2. The property is located in the RS Seasonal Recreational Zoning District. Orono Zdning Code Section 10.31, Subd. 3(C), adopted by the City Council in 1983, requires that a conditional use permit be obtained for any day use recreation area, and provides minimum standards for approval of such use. 3. The Minnetonka Power Squadron has operated a day use recreation area with occasional overnight camping at the property continuously since 1969. Page 1 of 7 4. The applicant has made certain improvements to the property since 1969 including a picnic pavilion and vault toilet facility (1972) and a private well ( 1985). Two additional storage structures are located within the property. The picnic pavilion is considered a legal nonconforming structure since it legally existed at its current location less than 7 5' from the shoreline prior to adoption of hardcover and 75' lakeshore requirements. 5. Section 10.31, Subd. 3(C-l) requires minimum of 5.0 acres dry buildable area for day use recreation area. The gross lot area of the property is approximately 9 acres, of which approximately 7.5 acres is considered dry buildable, thus meeting the minimum acreage requirement. 6. Section 10,31, Subd. 3(C-l) also requires a minimum "lot area-to-user" ratio of 1 acre per 20 users. Under that standard, the code would allow up to 150 users on the property at one time. All abutting adjacent land is owned by the Hennepin Parks, and there is no adjacent land available for acquisition by the applicant. 7. The Minnetonka Power Squadron by-laws set no limit on the number of members. The average number of members (family units) is 250 to 350. Therefore, the potential exists for the number of users at any given time to exceed 150. Because the Power Squadron is a nonprofit organization, it is technically exempt from the provisions of Municipal Code Section 5. 25 requiring a license for shows and large assemblies in excess of 300 persons at one time. 8. Lot width at the shoreline exceeds 1,200', and meets the minimum lot width requirement of 200' . 9. Minnetonka Power Squadron has annually obtained a joint use dock license from the City and from the LMCD since 1969. The property contains approximately 2,250' of shoreline and has historically been licensed for the 45 transient slips this shoreline length would allow at a level of 1 slip per 50' of shoreline. 10. The Power Squadron's published rules for "Streater Cove" confine swimming to the beach area, which is designated by buoys. Page 2 of 7 11. The property contains a vault type toilet system which is pumped out as required. The history of maintenance of said system indicates that it meets the intent of the sewage treatment provisions of Section 10.31, Subd. 12. 12. A telephone is available at the site. 13. The property exists as a single tax parcel which abuts the lake. 14. The Orono Planning Commission reviewed this application on April 18, 1994 and recommended approval based on the following findings: A. The site containing 7 .5 dry buildable acres is large enough to support a day use recreation area and occasional overnight camping use without any adverse effect upon the lake or upon the adjacent wetlands located within the northern portion of the property. B. The continued use as a day use recreation area will have no negative impact upon the neighboring adjacent properties nor on nearby properties. C. Based on the historic and expected continuing level of use, the fire protection system developed by the Orono staff for Big Island and the Streater Cove guidelines established and published by the Power Squadron for member use of the site will provide the necessary precautions to maintain the public safety and welfare. D. The historic and continuing use requires no variances to the required standards set forth in Section 10.31, Subd. 3(C). (Alt.: Grant variance to allow uses in excess of 20 users per acre?) E. The Minnetonka Power Squadron provides a significant public benefit to the lake by fostering and encouraging seamanship and safe boating practices. Additionally, the property is occasionally used by educational, research and civic organizations. 15. The City Council finds that granting a conditional use permit to allow day use recreation area with occasional overnight camping will not be detrimental to the Page 3 of 7 health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 16. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.31, Subdivision 3(C) to a day use recreation area with occasional overnight camping at 510 Big Island (Record Lot 5) for Minnetonka Power Squadron subject to the following conditions: 1. Minnetonka Power Squadron shall be limited to 45 slips at the existing seasonal docks. Applicant shall obtain the required annual joint use dock license from the City and shall meet any multiple dock requirements of the LMCD. All existing dock slips are considered transient rather than permanent mooring slips, but this shall in no way prohibit the occasional overnight docking of boats for overnight camping purposes. 2. Applicant shall provide transportation to the property for annual inspection of the existing sewer facilities and fire protection facilities for compliance for the minimum requirements. 3. Applicant shall provide fire protection for any camp fire rings at the site. Such protection is subject to the special standards developed for island recreation areas by the City of Orono's Building Department. This protection shall consist of a supply of sand,_wflter, bucket and blanket. ----------- Page 4 of 7 4. Authorities granted by this resolution are granted specifically to the Minnetonka Power Squadron or any of its affiliated organizations. Any transfer of ownership of the property shall result in automatic expiration of this permit and the new owner shall apply for a new conditional use permit if a day use recreation area is proposed. 5. 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. 6. The undersigned representative of Minnetonka Power Squadron has read, understood and hereby agrees to the terms of this resolution and on behalf of the Minnetonka Power Squadron, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this __ day of ____ , 1994. ATTEST: Dorothy M. Hallin, City Clerk Authorized Representative of Minnetonka Power Squadron Edward J. Callahan, Jr., Mayor Page 5 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this _ day of _____ , 1994, by Edward J. Callahan, Jr., Mayor & Dorothy M. Hallin, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of __________ , 199 __ , before me a Notary Public within and for said County, personally appeared -----------------known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of __________ , 199 __ , before me a Notary Public within and for said County, personally appeared ________________ _ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 7 of 7 CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka May 25, 1983 Minnetonka Power Squadron c/o Dr. Louis Schricker 4829 Minnetonka Boulevard Minneapolis, MN 55416 Re: Big Island property -Record lot #5 Gentlemen: The purpose of this letter is to provide you with information regarding the recent zoning changes on Big Island. Attached is a complete copy of Ordinance #246 as adopted last December 30, 1982. The Power Squadron's non-residential use of this property has existed as an unlisted, non-conforming use under all previous zoning ordinances for the Island. The new "RS" Seasonal zoning now includes special provisions that specifically authorize this type of property use on the islands as a conditional use permit. As discussed at the various meetings, it was the intent of the Council and this ordinance to recognize and authorize your type of property use and to use it as the basis for developing standards to apply to any similar property uses that might occur in the future. Please refer to ordinance section 34.363(c) for specific regula- tions now in effect. As with other conditional use permits, and pursuant to Minnesota Statutes 462.3595, a formal City Council resolution (permit) will be adopted and filed in the chain of title of the property to specify the nature and extent of existing use. In order to expedite this work, would you please take time to respond to the following as appropriate: 1. Verify the correct tax parcel PID number as shown on the attached blue form (#1). You need do nothing else with this form unless there is an error in the information shown. BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359 Minnetonka Power Squadron May 25, 1983 page 2 2. Is it correct that only active Power Squadron members (and their guests) use the property? 7G w permitted activities boating activities; (fields); nature incidental overnight 3. Please check the following list of and correct or add to it if necessary: swimming; fishing; picnicing; athletics trails; member meetings; occasional and. camping; others? - 4. The annual joint use dock license has been issued for this year and all recent years. There is no problem or question here. 5. Swimming area: what type of safety precautions, equipment and/or supervision is provided? 6. As discussed during the dock license review, the ordinance does prohibit vault-type privys because of the general problem with pump-out maintenance on the island. However, we have been told that you do have a pump-truck come out over the ice every two or three years. Please verify the last date this occurred, and please be sure your pumper notifies the City of all future pumping. With this care and attention continued, the conditional use permit can be written to authorize continued use of the privy indefinitely. It certainly is located and built correctly and has been no problem to date. 7. Note that any construction project requires issuance of ap- propriate building permits by the City inspector. 8. Is there telephone service available during the summer? The concern is that a phone be available for emergency calls, especially considering the swimming beach, athletic fields and the number of boats/persons present on the property at times of peak use. 9. What if any first aid supplies, fire extinguishers or similar emergency equipment is available? 10. Finally, what is the typical calendar of use each year? Is there any winter use? When does seasonal usage begin? When do scheduled activities normally occur, if any? (You can be quite general here if need be; the purpose is to be able to define your use in written form -for the permit.) Thank you for your assistance in this matter. I apologize for the delay in getting this information out to you. On behalf of wrm~1mr, Minnetonka Power Squadron May 25, 1983 page 3 the City Council and Planning Commission, I want to take this opportunity to thank each and everyone of you whose interest and participation this past year has helped so much in the com- pletion of this planning process. I have certainly enjoyed meeting all of you and learning so much about your island. I hope this last step can be kept as simple as possible so that your property rights can be correctly recorded for your future benefit. Please give. me a call if you have any questions. Enclosure APO: jl ! 0 CITYof ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983 473-7357 This notice is provided to the owner/taxpayer of record according to Ordinance #246, Section 34.336. The following Record Lot classification will be considered accurate and final unless you have some reason to dispute the facts used to make the classification. Record Lot identification forms the basis for the granting of automatic lot area variances thctt ''G-:::-andfather" existing properties of less than 5 acres in area. RECORD LOT means all the contiguous or abutting land owned in common by the same person or persons as of November 9, 1981, (the effective date of the island moratorium) or at any time such common-ownership may occur thereafter, including one or more separately platted lots or unplatted parcels of land, and/or one or more separately identified tax parcels. Because of the unique circumstances and actual use patterns existing on the islands, ?-lso included within the definition of a "Record Lot" is commonly-owned land that is contiguous except for being separated only by platted unopened public right-of-way. Record Lot ff 5 MinnetonKa Power Squadron c/o Dr. Louis Scbricker 4829 Minnetonka Blvd. Minneapolis, M.~ 5 5416 This RECORD LOT consists of-~'-- as follows: o?;z-J/7-:Z3 tax parcel(s) .. APPROXIMATE SIZE 9.tJ ACRES & CLASSIFICATION: (size is exclusi;:;;;-ofany wetlands) OVER 10 ACRES, (may be SUBDIVIDABLE) =x::ovER 5 ACRES, but LESS THAN 10 ACRES (conforming but not SUBDIVIDABLE) SUBSTANDARD/BUILDABLE (less than 5 acres; --a new seasonal cabin may be built, or an existing seasonal cabin may be improved, added-onto or replaced, subject to setbacks, permits, etc., but without requiring further City Council review) UNBUILDABLE (means a vacant lot of less than --1/2 acre; may be used for recreational purposes without a cabin, but requires a Council approved variance to be built on) EXISTING USE CLASSIFICATION )( RECREATIONAL USE ONLY (without a cabin) --SEASONAL CABIN, us~d 180 days or less/year --(if your cabin is used more than 180 days/ year, please complete the YELLOW application) Seasonal Cabin plus a PRIVATE GUEST CABIN -X-Other CONDITIONAL USE · · 34 • -;, /""7 (c) 7)AY-U>t RECIZEA[/oA/ .Atf.£..4 .7b.? _ PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there is an error or a change, please mark the correction and return this page to the City in the enclosed postage- paid envelope. We want this permanent record to be correct. IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR PROPERTY, you must file a formal written appeal before July 1, 1983, or the record lot will remain classified as above. Sign below and return along with a separate letter stating the problem and facts supporting any change. Additional information may be requested to verify any challenge such as surveys, utility bills, copies of recorded deeds, etc. Owner/Taxpayer Date Phone tY--M, B - MINNETONKA A UNIT OF THE June 17, 1983 Mr. Alan P. Olson City Planner City of Orono PO Box 66 Crystal Bay, MN 55323 POWER SQUADRON UNITED STATES POWER SQUADRONS Re: Big Island Property -Record Lot #5 Dear Mr. Olson: I am writing on behalf of the Minnetonka Power Squadron in response to your letter of May 25, 1983. For ease of reference I will number my responses to correspond to the numbered paragraphs in that letter: 1. The tax parcel identification is correct. 2. Yes. 3. In addition to the items listed we sometimes have instructional and safety courses for members and guests. 4. No response required. 5. The swimming area is roped off and marked by Coast Guard approved buoys between two docks. While there is no formal life guard in attendance, parents are expected to supervise their child- ren when swimming and benches are provided for their use. Boats are not allowed in the swimming area and swimming is not allowed in the docking areas. 6. There seems to be some confusion here. We do not have a sealed vault system. Although the pit has concrete sides, the bottom is not solid and therefore pumping is not required. 7. Noted. Mr. Alan P. Olson -2 -June 1 7, 198 3 8. We have telephone service during the summer months (474-3103). In addition, several member boats are equipped with radio-tele- phones. 9. Although the island equipment does not include fire extinguishers and first aid supplies, these items are readily available on members' boats. 10. A typical squadron year includes island activities during the months of April through October. There are no scheduled activities during the other months of the year. Enclosed are copies of our 1982 and 1983 calendars of events with scheduled island activities highlighted for your reference. Also enclosed is a copy of the 1983 Directory of the Minnetonka Power Squadron. I invite your attention to pages 42, 43 and 44 which pertain directly to our facility on Big Island. Thank you for your assistance and cooperation. We believe that the goals and desires of the Minnetonka Power Squadron are completely in agreement with those of the City Council and Planning Commission with respect to the present and future use and enjoyment of Big Island. Sincerely, Robert W. Snook Flag Lieutenant RWS:bar Enclosures 1: li i i I 1: 11 j l I , 2 15 1 2 ,3 19 20 1 3 4 8 8 15 20,23 29,30,31 30,31 3 19 3,4,5 4 4,5 13 24 MARCH 2 MINNETONKA POWER SQUADRON 1982 CALENDAR OF EVENTS Executive Committee Meeting (1930) Instructor Qualification Class Starts APRIL General Meeting ( 1930) District 10 Spring Conference -Madison, Wisconsin Navigator Class Starts Operations Training Class Starts MAY Work Party -Big Island (0900) Public Boating Class Examination Executive Committee Meeting (1930) Work Party -Big Island (0900 -Rain Date) Fitting Out Party Work Party -Big Island (0900 -Rain Date) Spring Governing Board Meeting -Washington, D.C. Sleep Out -Big Island Pancake Breakfast -Big Island (0900) JUNE General 14eeti ng ( 1930) New Member Recognition -Big Island JULY Sleep Out -Big Island Squadron Picnic -Big Island (Children's Day) Pancake Breakfast -Big Island (0900) Executive Committee Meeting Luau Party -Big Island AUGUST 3 21 Executive Committee Meeting -~--,Rendezvous Party ~--.. 2 4,5,6 5,6 9-12 13 13 13 13 13 2 5 16 23 23 4 5,6,7 15 22 7 11 6,7,8,9 13 15 17 17 24 5 7 14 14 14 3 MINNETONKA POWER SQUADRON 1982 CALENDAR OF EVENTS SEPTEMBER General Meeting (1930) Sleep Out -Big Island Pancake Breakfast -Big Island (0900) Fall Governing Board Meeting -San Antonio, Texas Public Boating Class Starts Piloting/Seaman Class Starts Advanced Piloting Class Starts Engine Maintenance Class Starts Instructor Qualification Class Starts OCTOBER Fall Island Party -B_i g Island Executive Committee Meeting Work Party -Big Island (0900) Work Party -B_i g Island (0900 -Rain Date) Lay Up Party NOVEMBER General Meeting (1930) District 10 Fall Conference -Sturgeon Bay, Wisconsin Dues Notice Public Boating Class Examination DECEMBER Executive Committee Meeting (1930) Ghil dren' s Holiday Party JANUARY 1982 Dues Past Due National Annual Conference -Miami Beach, Florida Annual Meeting and Election (1930) Dues Deadline Piloting/Seaman Class Starts Advance Piloting Class Starts JN -Class Starts FEBRUARY 1982 Change of Watch Public Boating Class Starts · · Weather Cl ass Starts Sail Cl ass Starts Marine Electronics Class Starts \ ' t [. r l r t I '! 2 \. 7 15 ,16 12 & 19 18 23 30 5 7 7 9 19-22 27-30 29,30 2 5-11 6 18 1-4 4 3 ,4 14 4 6 22 & 29 1 2-5 4 ,5 7-10 MINNE TON KA POWER SQUADRON 1983 CALENDAR OF EVENTS APRIL 1983 General Meeting (1930-2200) District 10 Spring Conference -Oshkosh, Wisconsin New Member Orientation (Tuesday Nights} Operations Training Class Starts Work Party -Streater Cove (0900-1600) Work Party -Streater Cove MAf Executive Committee Meeting (1930) Work Party -Streeter Cove (Rain date} Fitting Out Party (1830) Public Boating Class Examination Sprin g Governing Board Meeting -Cincinnatti, OH Sleep Out -Streeter Cove Pancake Breakfast -Streeter Cove (0900-1100) JUNE General Meeting (see TONKANAUTS} National Safe Boating Week IQ Class Starts New Member Recognition -Streeter Cove JULY Sleep Out -Streeter Cove Squadron Picnic -Streeter Cove (Children's Day; 1300-1500) Pancake Breakfast -Streeter Cove (0900-1100) Executive Committee Meeting AUGUST Executive Committee Meeting Summary Party -Streeter Cove (see TonkaNAUTS} New Member Orientation (Monday Nights} SEPTEMBER General Meetin g (1930-2200) Sleep Out -Big Island Pancake Breakfast -Big Island (0900-1100) Fall Governing Board Meeting -Orlando, FL 12 12 12 12 12 12 6 22 29 3 4,5 12 15 21 1 1 11-14 15 16 16 21 6 13 13 . 20 3 8 MINNETONKA POWER SQUADRON 1983-4 CALENDAR OF EVENTS Public Boating Class Starts Piloting Class Starts Seamanship Class Starts Advanced Piloting Class Starts Engine Maintenance Class Starts Instructor Qualification Class Starts OCTOBER Executive Comm Lttee Meeting Work Party -Big Island (0900-1600) Work Party -Big Island (0900 -Ra j n Date} NOVEMBER General Meeting (1930-2200) District 10 Fall Conference -Wisconsin Lay Up Party Dues Notice Public Boating Class Examination DECEMBER Executive Committee Meeting (1930) JANUARY 1984 Dues Past Due National Annual Conference -Miami Beach, Florida Dues Deadline Seamanship Class Starts Piloting Class Starts Annual Meeting and Election (1930) FEBRUARY Public Boating Class Starts Weather Class Starts AP Class Starts Sail Class Starts MARCH Change of Watch Executive Committee Meeting (1930) 3 Telephone 473-7357 et:/J' c_ -CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka June 21, 1983 Mr. Robert Snook, Flag Lieutenant Minnetonka Power Squadron 5628 Johnson Drive Edina, Minnesota 55436 Re: Big Island Property -Record Lot #5 Dear Mr • Snook : Thank you very much for your prompt and complete reply to my May 25, 1983 letter. I will now begin drafting the actual conditional use permit for this property based on your information. As soon as I am able to have this done, I will be sending you a draft for the Power Squadron 1 s review and agreement prior to the time that I ask the City Council to approve it for recording. APO/am .... , ··1 ~ ·-t~ ~ ·,,.; ~ _, ~ ~: lg) --.J _:/l I;:~ ~ .~ I _: =" V" ~ ® ::-,; Cl@ ,; s,, I . .., ·.~ .~ I :~ ·~ ◄I:•"' 6!£i t,l)"ll'f SD ND ?76 S NO 278 ~ < -:"\\>::/ ► ~ '; /:,!.%~· 1· ;,;h,',•. -, •• - \! ts) ~ ('.J --J ~ \ ~ ~ r- ® 11'!-~-------- --........ --t(t7•&5'E. <O cO r-,._ ~"' 00 zz 0 V, CJ') A ( I) .·• w -:· • ••• ~ -.. · .. ~ ('•. •,•. ' t,~ l~ ., ' \ : .. :-.. : :r! . •••••• e... .. ,, .. __ ., ... ~ I ', ' ' ' ' ~~ ' ' ' ' ' ' ' ' ' ' "".'.i;i ••·. • •• ;:. !_ ·: • ,i •f ·. ·... •1S .... -... ~ .··. y 2~& ----t~ ·· ... ·· :' ------wz1 ib'\: ~-~~ .,T" , -! ''-tt : •~ l' -','\' \ ' ' ' 70 . , ;.,·ot't . ,.,.! -; 14'. l E•S ' "151 ,MT c,: TJIACT C (6) 126 . 5 fl ST ----_......___ A ( 2) \) .,.. ·· ... ···: : .. ·· ::· .. ( I) Q}Z,-/1'7-2 .. :?. e " • I 1 . 5-~•F zoe. 67 ,, l(Te·~·E '485"5~'£ 11e1·..4. -----. -;,--_7,.o. ""' ----• -20_1_•; ---iz'i -:; ,7:--.-~-~ '::""· ---l9l ·.,.. ' • • ~--;-=--------------•I )20 . 76 8 (3) ,, LOI 8 ( iB) .····· FILE /fl92 MINNETONKA POWER SQUADRON Property Owners List 2-28-94 Listing 22-117 -23 13 0006 HENNEPIN COUNTY PARK RESERVE DISTRICT RT 1 BOX 296 MAPLE PLAIN MN 55359 22-117-23 14 0003 HENNEPIN COUNTY PARK RESERVE DISTRICT RT 1 BOX 296 MAPLE PLAIN MN 55359 23-117-23 32 0018 TED R. HANNA 14115 KNOLLWAY DRS MINNETONKA MN 55305 22-117-23 13 0001 TRISTIN 0. ERICKSON 4567 W 78TH ST MINNEAPOLIS MN 55437 22-117-23 14 0001 HENNEPIN COUNTY PARK RESERVE DISTRICT RT 1 BOX 296 MAPLE PLAIN MN 55359 22-117-23 42 0002 TRISTIN 0. ERICKSON 4567 W 78TH ST MINNEAPOLIS MN 55437 23-117-23 32 0062 JOHN & CELIA PANOZZO 857 40TH ST CLAYTON WI 50004 22-117 -23 13 0005 TRISTIN 0. ERICKSON 4567 W 78TH ST MINNEAPOLIS MN 55437 22-117-23 14 0002 MINNETONKA POWER SQUADRON % JEANS. PETERSON 1758 ESSEX RD MINNETONKA MN 55305 23-117-23 23 0028 I. MARGARET SCHEFTEL PO BOX 176 EXCELSIOR MN 55331 { .. ;:;.; V, . ~ _, - I(~' 1C'.31J'"£ . ✓-....... " . ' ' ' ----------. ·~---' ..... " ' I t. I tl\ / J I / '-:::c:::. / '----.._ __ .,, ------- '~- ____ ,,,. ~---- / / / / / / / / ~. ·~·; .. . I'<:'--: 'r- ' ·-"i' ._, --- • ...._ __ -- I,:_ -- '..._ -.-----.- ---·-•-·-·-·-·-·-·-·-·-•E: \ 41U \ \ ,-<'; ' , I .-... , .-. \_}) ALVER R. FREEMAN COUNTY SURVEYOR HENNEPIN COUNTY, MINN. !be~---,.1!1 .. _...., -------•--------------.-,,~.-~-~,~~,·· CC,~--•-~"'"'''"'"' ____ .,., __ ,,; C I.Alt£ 4 NltA ll"'ROPERTV ARF. PAID I I I' i /I' I 1 1 1 I i I \ I , ' I l ' ' ', I i I F4r/. 1'1741' of fiov'I, i.t!il 4 :.,..l S.,rlion 2Z, T/1711, HIJW -r ' I I I I .N I ,, .. "'<:: 14 ,_.-c •· Jio~i'i· .,., ~ ..c ·::1 ;.:t .... ,, ~ I .._ <: B ~,. af 1949 as aarn041ta af Mlmlesota 11 t.o 12; all in l'at.e I' .... R..2).V. ; t l '·'-·L ;., .t, ~1~ /4'+-/ !IA Cl ,' ,-",,11-t1Y ,,9/ ~"•'' ¼ eor. #,nn. Co. t:,ru I· 1r11n l'/!fDnUMfml !t:tlea, Count.7 or Hennepin, Me:rldlan, lyin& Soatt.berly or l distant 180 feet Korth af -•~•r.&Y 81:tenaion of the loath line tb1a deecr1pt1on; thence aon.m1••~e 3CU\neast. comer said Tract. C; t.lleuce -~"- ast.ance 126.5' fMtJ theaeo lanb 66° •• a db- 981566 and t,lwN •~, except that pan. ot ~acing at edd ran quart.er ccirrmu"; thenc4 point ot begbmbg af the limt e11d1"1J ud t.hat thG wnq •n~u REQUEST FOR COUNCIT., ACTION Department Approval: Administrator Reviewed: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator DATE: 3/21/94 ITEM NO.: Agenda Section: Zoning Item Description: Joint Use Dock License -Minnetonka Power Squadron List of Exhibits A -Section 10.31, Subds. 3(C) and 3(D) Section 10.31, Subd. 16 -17 -18 Section 5 .42 B -Correspondence 5-25-83/6-17-83/6-21-93 C -1983 RS District CUP Application (principal dwelling/private guest cabin) A question was raised at the March 14th Council meeting regarding whether the Power Squadron's occasional overnight camping use by members changes the status of their docks from "transient ( day use only) slips" to "permanent moo rage slips". Councilmember Hurr indicated that if this is the case, their application and license should reflect that fact. I had not had a chance to thoroughly research the issue, but after a brief look at the code during the meeting I did note that a "day use recreation area" conditional use permit might be required. Having now had a chance to research these issues, I would note the following: 1. In the Joint Use Dock License ordinance (Section 5.42), transient slips are defined as those "on land or water used for the temporary storage of many different boats for short periods of time" . Permanent slips are defined as those "on land or water used for the storing of a given boat on a long term or yearly basis". The license application requests numbers of "transient (day use only) slips" and "permanent moorage slips". The "day use only" qualifier is a misnomer. Although this wording has appeared on the license application since the 1970's, it is consistent neither with the license code definitions nor with past City policy. A slip used for occasional overnight camping but which is not for season-long use of an individual specific boat, is a transient slip by definition. Therefore, the application was filled out correctly. The City has historically charged a $2 annual "slip fee" for permanent slips, no fee for transient slips. Request for Council Action continued page 2 of 3 March 21, 1994 Joint Use Dock License -Minnetonka Power Squadron 2. A review of the code and discussions with the City Attorney yield the conclusion that the Power Squadron is required to obtain a Conditional Use Permit. Section 5.42, Subd. 5(B) requires that "any joint use in the RS Zoning District by a not-for-profit organization or association providing transient boat slips for stake holders of a property used for day use recreation or overnight camping purposes shall be allowed only in conjunction with a valid conditional use permit ... ". This language was added in 1993. Review of RS District, Section 10.31, Subd. 3(C) "Day Use Recreation Areas", copy attached, suggests that this is the appropriate fit for the Power Squadron's conditional use permit. The other possibility, "Overnight Camps", Section 10.31, Subd. 3(D), is clearly intended for organized long-term overnight camps such as the Vets Camp or a scout camp situation. The Day Use Recreation Area category does allow "overnight camping . . . only on an occasional and incidental basis" . This appears to be the degree of overnight use historically occurring at the Power Squadron property. The performance standards for this conditional use were likely drafted with the Power Squadron in mind. It was the City's intent, as noted in the letters referenced below, to issue CUP's to existing users, acknowledging their rights to continue in operation. Additional research discovered the attached May 25, 1983 letter from former City Planner Alan Olson to the Power Squadron regarding their CUP (to be granted at no charge for existing uses), their June 17, 1983 response, and a June 21, 1983 confirmation by Olson that he would "begin drafting the actual conditional use permit for this property based on your information. As soon as I am able to have this done, I will be sending you a draft for the Power Squadron's review and agreement prior to the time that I ask the City Council to approve it for recording." These three documents comprise the entirety of Zoning File #792, leading me to conclude that before he left the City in October 1983, Olson did not draft such a CUP resolution and this application has never been followed up. According to additional information in the RS ordinance file, the CUP' s were to be reviewed by Planning Commission and Council under the normal procedure. 3. I also reviewed the RS District "nonconforming" use section to determine its applicability to the Power Squadron. It requires that "all existing uses of land or structures which may be made nonconforming by adoption of this section shall be discontinued and or made to be in full compliance with all use and performance standard requirements of this section within a period of seven (7) years from the date of adoption, not to extend later than January 1, 1990". Note that the Power Squadron's use is not "nonconforming", because it is an allowed use via a conditional use permit. The only "nonconformity" is the lack of a valid conditional use permit, which the Power Squadron applied-for in Request for Council Action continued page 3 of 3 March 21, 1994 Joint Use Dock License -Minnetonka Power Squadron response to Olson's request in 1983. Therefore, issuance of a conditional use permit will bring the Power Squadron into conformance with this section as well as with the licensing ordinance. A copy of this memo and attachments has been mailed to Bradley Herman (the Power Squadron's attorney) and I have discussed this matter with Herman and Commodore Bob Stiema. Recommendation 1. The Joint Use Dock License application form should be revised to incorporate the definitions of transient slip and permanent slip, and the term "day use only" eliminated for clarity. 2. In light of Alan Olson's clear intent to draft and have Council adopt a conditional use permit for the Power Squadron in 1983, it would be appropriate for staff to reconfirm that the Power Squadron's use is identical to that as indicated in 1983, and staff should then draft such a conditional use permit resolution as originally intended. A public hearing will be scheduled for the April 18th Planning Commission meeting, with final Council action on the license and CUP on April 25th. This delay in issuing the actual license is a technicality the City should have resolved ten years ago and should not prohibit the Power Squadron from continuing its normal schedule of activities this spring. 3. Unless Council directs otherwise, staff will proceed with items 1 and 2 above. ch ~.r Mr. Michael P. Gaffron Assistant Planning and Zoning Administrator City of Orono Post Office Box 66 BRADLEY S. HERMAN ATTORNEY AT LAW 607 Marquette A venue Suite 300 Minneapolis, Minnesota 55402 (612) 332-4455 FAX(612)344-1660 April 7, 1994 Crystal Bay, Minnesota 55323 RECEIVED APR 8 1994 ·ctTY OF ORONO I VIA FACSIMILE AND UNITED STATES MAIL RE: Conditional Use Permit For The Minnetonka Power Squadron Dear Mr. Gaffron: Thank you for providing me your memo of March 21, 1994 and the associated documentation. Your cooperation and consideration is certainly appreciated -not only by me, but all members of the Minnetonka Power Squadron Executive Committee. It is my understanding that you are currently drafting a conditional use permit ("CUP") covering the Minnetonka Power Squadron's use of its facilities located on Big Island. It is further my understanding that you will provide me a copy of the proposed CUP for our review prior to the submission of same to the Planning Commission. In order to assist you in drafting the CUP, I would like to provide you with the following supplemental information: 1. While it is true that only active Power Squadron members and their guests normally use the property, there are occasions when we allow other groups and organizations, from both the public and private sectors, the use of our facilities. These organizations have included the Boy Scouts of America, Freshwater Institute, the Hennepin County Sheriff's Water Patrol, Aquatennial personnel, and the University of Minnesota. In most instances, the use of the island is in conjunction with educational, research and civic functions. --- 2. Fermi tted activities should include instructional safety courses, as well as social activities. physical facilities include two storage sheds, privies, and the pavilion. and The the The Minnetonka Power Squadron is based upon three principles: education, civic service and fraternal. The vast majority of the activities conducted at our facility on Big Island have a basis in at least one of the aforementioned principles. I look forward to hearing from you at your earliest convenience. Very truly yours, ~~ BSH/kjh cc: Cmdr. Bob Stierna ·-r - C. Day-Use Recreation Areas. Land or structures ow.ned or used by any private club, association or group of unrelated individuals as a regular meeting place for group activities including without limitation boating activities, swimming, . fishing, picnicing, athletic fields, nature trails and other day-use. Over-night camping shall be permitted only on an occasional and incidental basis. This category includes day-use scout, church, YMCA or YWCA camps, private non-profit parks and boating groups, clubs or associations. This category does not include public day-use parks. A conditional use permit m~y be issued for a day-use recreation area provided the applicant demonstrates and the Council finds that the property is large enough to support the proposed use without adverse effect upon the lake, upon the land or wet~ands, upon :1eighboring or· nearby properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate -()\JkP-Nlf:::.'rli'"" CAMf'ft..JG:.. ~ oc.c.._AslotJIYf_. ~~ //J<'..J.!:;,c:; .. .srkt-(-r1fe 11 0Vt:'YU---l1C:.(~1 CkM..f>S ,, C..V.f C-l,..€AA.V( { S ~IA.CT'tA ~ Fo~ 61U>4-N 1 ~ CAM f' :S. t,v t-rH.1 ~ ) N s-, µ.JUz I C.OM.~1'.l kt~) - D!Nl~(,,. A-NI> ~&!,;'r710c.,.. F"'U t-t-nes) A 'c.~f" op~fL J P!:?Vt:n-o?c..->S;;;;. Ck,9./"-J~ Of<.... ~t~; etc) with the number of users expected on the property, as follows: 1. The minimum dry-buildable record lot~:a:r~e~a=-----------:----~a~-=---------------------------------- required for approval of a day-use recreation area conditional use -0MSS l..-e'.>T A-A..'eA.. = t ,O /'-.:C.,,e..e:-:.. L)('.N! °'2.,L.,<!Lef;.-f.-tJ!.'.; ~ 7,5 ~s oermit without a variance shall be 5.0 acres. If the number of ~xpected users at a_ny one time exc 7eds .100, thE: minimum lot area required shall be increased to maintain a ratio of at least 1.0 -MA,>(. :It-of v\S.C-R~ 1,-Jov l..-~ f°.;..~ zo x7, ~ = )50 -€;,<:.e)'IAf>T°' (fWM !,.1Ct!;-W:,/l--)(._/'2tJC> pe(L,.cN. ~.sHc~ F-::r(<. ~,:f'-c l~S.S!c'r,,.fuF:.~ ~c... 5, 2.<:::-$v\cod. 7 (c..')) acre per 20 users. 2. The minimum lot width at the shor~eellli~n:;-;;-e------------------------------------------------- -lcrr w n:::,"11l kr S+kt>~ 1--1~ ~t::.s I z_oo' _.. <;;1+or2A=n .... 1~e-f-.eN&TI-1t ~ 2. 2--s-D' ::- 3. The club, association or group shalll-:e~a~c~h:;---------------------------------:.__.=_~ _ _:__:_-=..-=... ______ _ year obtain a joint-use dock license from the City and from the -t..{As. O&T,kl~~ /:::,tvf\JtAA-1---.;o,•-.... ff u:.tc' Doc.tL.. t--tC£NSt!!=$ Stt...JU? /0~9 shall be 200 feet. Lake Minnetonka conservation District, and shall at all times abide _ H-1sro~ CA-1 .. A.,..'f L--/C.toNS.~ \8."-1 C..l't'-1 ~ 4 s; ~:S I e-rJ.,,..,-5. '--t f' S by all terms therein. The number of licens~d boat slips shall not exceed one slip per 50 feet of shoreline. 2-'2-S:-0 +-l..fS::: so' / 4. Any swimming area shall be suitably marked -fl,Wf!:'2-. ~&v..At:f<-o~•s fv..8~ s-!-h::::-.S::::. !Z.)) t-e~ f=o~ tc.S:m ... .c.J,!TI~i~,.. cov~ ,~ eo/\JnN~ ;:wrMl"--, /\JG 'TO ~ off and separated from boat traffic areas, and safety equipment or ~-sic,~~ ~~Y---NUzp,.,_ supervisors shall be provided as may be required by the Council. --SV0IMv"'-t"-lG. ~A ts Rt>f>et:;. OFF (_1v-o Ltt=-e(:,,t.A.4--P-t) ________________ ___;__;:::..,_ _ _;_.::.....:: _ ___.:~-------- 5. on-site sew age treatment shall be provided -VAv..1--T TOIL-~T ( Nr::f'r f'.L.U.1""-8.ct::..) / s. fl.A_....,__p~.t:,. cu-r f:,/Jf-JU4-'L.1_ 'I C>t<_ As ,-2.eZ;:11.{_ lr'2-€t::.. in conformance with the require men ts of Subdivision 12 of th is _ S.~ 'M'i?:MO DP t./--2-'?...-83 Section. 6. All new buildings or structures on the -Mos-r (C€a_tJ,-81.-llL..~INb fe~MJ,-· WAS. F-Die. /200 s.C, C/-;t,JOf'..f s--n~_)Ac...1i..-c(2.,e /N (972 property, except accessory structures 120 s~uare feet ~n floor a 7ea or smaller, shall be approved by··· the Counc i~ a_s to si ~e, location and proposed use prior to issuance of any building permits. 7. The property shall be provided with telephone service for emergency use. 8. The lot or parcel shall be located directly on'the shoreline or other access shall be available via a privately improved and maintained access to the shoreline. 9. All property in common ownership shall ~e combined into one tax parcel if contiguous; or separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. -_;;;/ ,-·- / .; ,Ir·=--; I '-.._ '-~.L CITY OF ORONO P.O. BOX 66 LICENSE YEAR 19 C/ 't CRYSTAL BAY, l\1N 55323 473-7357 PBsr s ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5 .42 , , ·, , Y 111.. , u_,flAu, \.l'.L I I l,lJ l..'l\1,Jf1L/ r:nuiJrc-m:::r:rr'C" • . ---• ..1.nnnv1-vt , ..L 1..•t.. i 7f ,.:::-n,i,Vwi ..LtJJ.WtJVVVVV '£7 t1 i ,-r;:-J hC: lil'1 · -\..,.S. u_u1 -rs..•,vv Tl1T1\i .. ,i::: lh:-1 f LI lt1.L.. "'T-.J•VV 1-:LJi:i-i,.•" -':i{1 l°h' .. l 1...•I l!..~I\ I-Va..._,...! c"l-lEC~r 25 II 01..1 f:..:£ .. J'!.l!.!f-!~.:,Alh" \.·t!ll nL-1.,.•1....J.1 1 111nnn , L..•~• Date Form Sent by City Staff ----=D-=-e-=ce=m=b=e=r-'1=5:..,...__,1=9=9=3 __________ _ Date Application Returned to City ---'--~_,___/-=..,2,"'"",,9?""'-'-f-'q....J4:'--· ____________ _ 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 ATTACffiviENTS, Al~D LICENSE A.PPLICATION FEE TO THE CITY CLERK BYM.A .. .RCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. 2. 3. 4. Associationtitleorname(ifany) mt lUJE TON f<A -PoWE R Lake (h; l'.l V) e ton ko.,_ Bay------------ Person responsible for this application: H-o me Name ~eo.n S. ~et~r~onPhone >5</:b-368q Mailing Address /l58 £:sse K Raao / Wo 12. t<. 94 f -qhGo {lJ41d~) 02Tf<B 5S3ci_s-- Relationship to association _ll..:.._;_R..;....1:E=--·..:...A.J:...:S-'-"'U"--R ..... £=----R--+---__________ _ Association is (check applicable items): unincorporated homeowner' s group. incorporated Homeowner' s Association. unincorporated club or recreation group. X incorporated club or recreation group. .. Page 1 of 5 . ' . <. -~ 5. .. ~rincipal purpose of joint use dock is (check applicable items): 6. provide boat mooring and lake access for residential property. · · · · provide swimming access, beach, or offshore dock. <Y,.. 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. 7. List Dock location and ownership information: Street address 5 IO B '.'9 Is la O d Legal property description B, 9 Is land) Recor: d bf2± ~ P I D # Ji(A -I I 1 -d 3 14 00 Ob Listed property owner(s) mi r1 ne. 'fon ku YOW er s~ u4dro t] 8. Names of abutting lakeshore property owners: ; (North/West) (Name + Address) (South/East) (Name + Address) Names of other affected property owners: (Name + Address) (attach sheet if necessary) 9. Insurance Coverage -The jointly used dock is insured by one of the following: property owner's homeowner's policy. X separate group/association owned policy. List the following information: Name of insured /'n in(\ e_ + on ka row er Sg u ad ro n Name of insurance carrier · & RE .In Suro n<le G tou42 Name of insurance agency Jn5U.tQYJ(le lfc/01~or.s J/Je, Policy No. 85 -30o B 'f~ Effective date of coverage 7 /30 /q 3 Amount of coverage: Public liability, per person, per occurrence $ 500, 00 O I Public liability, per occurrence $ 5()(),DOO Page 2 of 5 ~-""' . ... ,.._.,. ( . 10. Security and polic_ing of the jointly-used dock and property is provided by (check applicable items): __ . · fencing . __ security lighting X property owner's pre_sence _. _· _ contract security service· __ other (specify) __________ _ DOCK INFORMATION 11. List Dock Use Area Specifications: Width of shoreline: ____ ft. Length of main dock from shore: ft. ---- Dock setbacks from side property lines 2.t shore: ft. and ft. 12. Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) permanent piling with seasonal deck wooden decking __ metal decking 13. List Dock Accessories: permanent piling and decking Number of fire extinguishers available at the dock tJ /A Number of life preservers available at the dock ___ _,_N.c:--i-/_,_A-'----------- 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips 46' Transient (day use) off-shore buoys -0- Permanent moorage slips -0 - Dry storage (rack) slips · -0 -- Permanent moorage off-shore buoys -0 - 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. -0-spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): _x_ stone rip rap __ wood seawall __ metal seawall concrete sea wall .. grass and vegetation only __ other (spec~) ___________ _ q 17. Depth of water at shoreline: _ ft; at 50 ft. out: at 100 ft. out: ---- Page 3 of 5 REQUIRED ATTACH1\1ENTS 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 C. 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 as to the total number of members in the club or association. 315 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 ron file with the City." 'f-R . w 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 RENEW AL 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 Page 4 of 5 $ _________ _ $ 20.00 $ _________ _ $ ---------- ~ ' ·' 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. rt Lu J-.-.. ~ 1 --~ ,~ ~;~ -i~ Page 5 of 5 --___ I /i,;t#i+t1lr, · · . ~ ••. ;. ·: .... -~··r· •• :; ¥ ==· :• -~·.:·=: ~·-::/~}! ·;~::~:;;;tti:<• ;; ~. · · -.---:-·· \XES PAI' ·\::;:-:f}RANSF£R EffltllEL. ':-'. ·· .. :·· ·:·,~·,·.• .. : t~~bo 1969 . OOJ.5r"l6 :oRGE ·n. HICKEY, AUDI hJR HENNEP.IN ~MINN. ??L: k,uTY I . ·\ ·-· .• • ~~ • 1 ••• • .-~. ~-;:~-l~·t,·· .i•,· _: ·:· . .i:::~=-~ ~--'·ff-:ig:.:: . . . . . .. .. , ...... ~ ........ 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I. . ~~· ... . ~ ' ... ,;. . . .• • 11 t:. ,f J • J,,...J;.---'~-----i • "·''" .. .. -1....., c.., ·-I"\."\ la... I ...._. "• .; ••• OJ lO ~ ~°' \"\1·~·,·.P,~ . . ! ' ,•u•11'r • : ,u,•oz•,., z.•o.o •.. ,:.-•• :J.J.~ . ... • •. .. . , .. • ♦ • I•• . ·.· .. • ,. t .,. • • .: •. I . • .. . -... ....... . ' .• I . I I :' z -·."'. .. _;r. • . . :. .. . • :.! •1 ''· . ·. ·• .. . . . ... ..... . .. \ .. . .. . .. .. ~ . ......_ ...-·-- ,I -1.-l .-. • -~ l .,_ I -t -I -& .:s 1--I -l ...,. I S:. I -I -I -I -J tvit. ·:# ·NoIJ..n~osacI .. g lJ8lHX3 1 .: ... Officers Commander Executive Officer Administrative Officer Education Officer Secretary Treasurer Robert K. Stierna, N 1930 Shoreline Drive Wayzata, MN 55391 (612) 476-1951 Willard Peterson 85 Woodland Circle Edina, MN 55424 ( 612) 925-3295 Kenneth A. Zullo 3160 North Shore Drive Wayzata, MN 55391 (612) 471-0021 Carole H. Magnuson 5036 Yvonne Terrace Edina, MN 55436 (612) 926-5109 Linda L. Golle 1845 Watertown Road Long Lake, MN 55356 (612) 473-4757 Jean S. Peterson 1758 Essex Road Minnetonka, MN 55305-1829 (612) 546-3589 (home) (612) 941-9660 (WORK) TO: FROM: Jeanne A. Mabusth, Zoning Administrator Michael P. Gaffron, Septic System Inspector April 23, 1983 DATE: SUBJECT: Power Squadron toilet facilities, Big Island Today I inspected the toilet facilities at the Power Squadron facility on Big Island, and wish to make the following comments: 1. The existing system consists of a concrete vault-type structure located 130 feet horizontally from the nearest lakeshore and with the pit bottom approximately 8 feet above the lake level. It appears to meet all location requirements of the new Island Zoning Ordinance. No water is plumbed into the facility. The superstructure consists of a wood frame building with separate Men's and Women's sections. 2. Tom Rossini of the Power Squadron stated that he believes the floor of the vault is cracked and some seepage is occurring as would occur in a standard outhouse. He also stated, and other Squadron members present confirmed, that the tank is pumped out every two or three years as necessary by bringing a truck out over the ice to pump it. Mr. Rossini stated that the vault system was installed some years back to meet State standards for a rest area situation. In my opinion, while the existing system appears to fall into a category somewhere between a "permitted outhouse" and a "non-permitted sealed vault", it is adequately meeting the spirit and intent of the law, if not the letter, and does not appear to constitute a health or pollution hazard as long as it continues to be maintained as it has been in the past. I will reiterate that the intent of the Code in "outlawing" vault outhouses on the island is because maintenance, i.e. pumpouts on a regular basis, is not generally feasible on the island. However, the Power Squadron has apparently been able to provide proper maintenance in the past. Note that septic tank - drainfield systems on the island will also require pumpouts on an occasional basis. I recommend that the City inspect the facility yearly, and that the Power Squadron be required to notify the City each time the tank is pumped out. As for the requirement that vault outhouses be removed by January 1, 1988 (34.370, section (b)4 ), the City may want to consider allowing existing vault systems on an individual basis, taking into account the maintenance record and potential of pollution or health hazrds for each specific system and site, before making an across-the-board ruling. ON-SITE SEWAGE TREATMENT INSPECTION REPORT OWNER PERMIT NO.'S. DATES ADDRESS On tbe Nortb Sbore of Lake Minnetonka POST OFFICE BOX 66 1335 S. Brown Rd. Crystal Bay, MN 55323 473-7357 CONTRACTORS City Ordinance No. 210 requires that each on-5ite sewage treatment system in Orono be inspected on a regular basis. The on-5ite sewage treatment system at the above address has been inspected and appears to fall into thp category checked below. (This is ~ an existing system D new construction) I8 Ocf'J""Jio-1se..s Meets or exceeds current City standards in all respects relating to design, construction, and location. Appears to be operating properly. Does not meet all current City standards for new construction (1978 Code) but in most respects appears to be designed, located, and constructed generally in accordance with previous codes. System appears to be functioning properly; no major upgrading of the system is required at this time. Does not meet current City standards in many respects relating to design, construction, or location. Appears to be operating adequately at this time, but has a relatively high potential for future problems. No major upgrading of system is required at this time. System may or may not meet current City standards for design, construction or location, but is failing to properly treat and dispose of the current input, and is endangering a water supply, or is a source of pollution to surface or groundwaters, or is creating a safety hazard, or is otherwise creating a public nuisance. Please contact the City Inspector to discuss system repair/ replacement procedures. If drainfield replacement is necessary, soil testing will usually be required, and a design and site plan must be submitted for review. Your contractor must obtain a permit before work is started. SYSTEM CONDITION_( GZI Checked items may require your action) Tank inspection indicates: D Pumpout not needed at this time. D Solids accumulation in tanks indicates they should be pump- ed out this year to help prevent future problems. D Solids accumulation in tanks is at a critical level. Tanks should be pumped out as soon as possible. D System is discharging to surface. Tanks must be pumped within 48 hours to eliminate surface discharge. D Inspection risers missing-tanks could not be inspected. Inspection risers (4" dia. pipe) must be installed in each tank at next pumpout. If tanks have not been pumped out within the last three years, they should be pumped out now. SITE CHARACTERISTICS: 0 Inspection pipe is located directly over tank baffle. (Does not give accurate measurement of solids accumulation.) If tanks have not been pumped out within the last three years, they should be pumped out now. Drainfield inspection indicates: 0 Drainfield is dry, no surfacing evident. 0 Some evidence of surfacing, not critical yet. 0 Drainfield is saturated and visibly discharging untreated effluent to the surface. This condition may require replace- ment or additions to drainfield. Contact the City Inspector immediately. Repairs must be completed within 90 days. 0 Drainfield extent and condition unknown. Limiting Site Factors D Slope 0 Soil Potential for System Failure (depends on soil types, water table, and system condition) Site Capabilities for Future Expansion 0 Adequate tzl-Fair D High water table D Lot size D Lake, wetland, or stream D Drainage COMMENTS: Date of Inspection :@-Low 1ZtMedium 0 High 0 System is causing visible surface discharge. 0 Poor 0 Inadequate Note: In the event that this inspection report is used to satisfy the requirements for a mortgage or other transfer of property, be advised that this report does not guarantee or certify that an existing system will continue to function properly, but is merely an opinion of the adequacy of the system under current conditions based on the available information. This report must be kept on the premises with system location and pumping records. WHITE COPY/ Inspector's File GOLD COPY / Homeowner J (' Subd. 3. Conditional Uses. Within any "RS" Seasonal Recrea~ional District, no land or structures shall be used for the following uses except by conditional use permit: ~ C. Day-Use Recreation Areas. _L_a_n_d __ o_r_s_t-ructures owned or &~ed by any private club, association or group of unrelated individuals as a regular meeting place for group activities including without limitation . boating activities, swimming, fishing, picnicing, athletic fields, nature trails and other day-use. Over-night camping shall be permitted only on an occasional and incidental basis. This category includes day-use scout, church, YMCA or YWCA camps, private non-profit parks and boating groups, clubs or associations. This category does not include public day-use parks. A conditional use permit may be issued for a day-use recreation area provided the applicant demonstrates and the Council finds that the property is large enough to support the proposed use without adverse effect upon the .'• lake, upon the land or wetlands, upon neighboring or nearby properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows: 1. The minimum dry-buildable record lot area required for approval of a day-use recreation area conditional use oermit without a variance shall be 5.0 acres. If the number of ~xpected users at any one time exceeds 100, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per 20 users. 2. The minimum lot width at the shoreline shall be 200 feet. 3. The club, association or group shall each year obtain a joint-use dock license from the City and from the Lake Minnetonka Conservation District, and shall at all times abide by all terms therein. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline. 4. Any swimming area shall be suitably marked off and separated from boat traffic areas, and safety equipment or supervisors shall be provided as may be required by the Council. 5. On-site sewage treatment shall be provided in conformance with the requirements of Subdivision 12 of this Section. 6. All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall be approved by·the Council as to size, location and proposed use prior to issuance of any building permits. 7. The property shall be provided with telephone service for emergency use. 8. The lot or parcel shall be located directly on the shoreline or other access shall be available via a privately improved and maintained access to the shoreline. 9. All property in common ownership shall be combined into one tax parcel if contiguous; or separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. ;¥:-o. Overnight Camps. Land or structures owned or used by any public agency, unit of government or any private club, association or group for overnight or extended camping by families or individuals, including related activities such as boating, swimming, fishing, picnicing, athletic fields or nature trails. This category includes overnight scout, church, YMCA or YWCA, Park Reserve and Veteran's Association camps. A conditional use permit may be issued for an overnight camp provided the applicant demonstrates and the Council finds that the property_is large enough to support the proposed use without adverse effect up6n the lake, upon the land or upon neighboring properties, and that extra private precautions are taken for fire protection and for security of persons and property commensurate with the number of users expected on the property, as follows: 1. The minimum dry-buildable record lot area required for approval of an overnight camp conditional use permit shall be 5.0 acres. If the number of dwelling units exceeds five, the minimum lot area required shall be increased to maintain a ratio of at least 1.0 acre per dwelling unit. For purposes of this Subdivision, one "dwelling unit" shall mean up to two developed camping spots for tent camping or each separate cabin or structure used for sleeping purposes, whether or not such cabin or structure includes separate toilet or kitchen facilities. 2. The minimum lot width at the shoreline shall be 200 feet. 3. Any common kitchen, dining room or eating facility shall conform to the requirements of Hennepin County Environmental Sanitation Food Protection Ordinances, including all applicable licenses and inspections. 4. The camp operator shall each year obtain a joint-use dock license from the City and from the Lake Minnetonka Conservation District, and shall at all times abide by all terms therein. The number of licensed boat slips shall not exceed one slip per 50 feet of shoreline. 5. Any swimming areas shall be suitably marked off and separated from boat traffic areas, and safety equipment or supervision shall be provided as may be required by the Council. 6. Toilet and sanitation facilities, including on-site sewage treatment systems, shall be provided in conformance with Minnesota Health Department regulations and the requirements of Subdivision 12 of this Section. 7. All new buildings or structures on the property, except accessory structures 120 square feet in floor area or smaller, shall be approved by the Council as to size, location and proposed use prior to issuance of any building permits. 8. The property shall be provided with ~elephone service for emergency use. 9. All cabins or other structures used for sleeping purposes shall be equipped with approved smoke detection devices and with some form of manual or automatic fire extinguishing equipment. 10. All assembly buildings or portions thereof having an occupancy load of fifty persons or more shall be equipped with fire extinguishing equipment consisting of hand-held fire extinguishers and either an automatic fire sprinkler system or other means of fire supression equipment as may be approved by the Council. 11. An emergency preparedness plan shall be required to address fire protection, medical emergency and police public safety services for all times the camp is occupied. 12. All property in common ownership shall be combined into one tax parcel if contiguous; or if separated by public rights-of-way, a special lot combination form shall be executed and filed in the chain of title of each separate parcel. I I Subd. 16. Non-Conforming Uses. 'o new use of land or structures shall permitted in the" "District except in compliance with this e -• A 1 existing uses of land or structures which may be ~~-conforming by adoption of this Section shall be disconynued ~nd/61: made to be in full compliance with all use and performance standatd requirements of this Section within a period of seyen (7) days froih the date of adoption, not to extend later than January 1, 1990. Jy1;;~R...s. I •' · EXCEPTION:\ Upon notice/of reco;d lot classification pursuant to Subparag:i:.aiS'h A of Subdivision 6 and within six months of~fective date of this Section, any record lot owner may apply to the Council with no appli- cation fee required for a variance to this Subdivision to allow continued non-conforming use, subject to reasonable standards and timetables, established by the Council for compliance with on-site sewage treatment, private security, private fire protection and other performa~~~ standard requirements -established by this Section. The applicant shall demonstrate and the Council shall find that the use is and was legally existing as of November 9, 1981, the effective date of moratorium Ordinance No. 238. Failure to apply for such a variance within the time allowed shall be prima facie evidence that such a non-conforming u~~ was either. ~llegal or did not lawfully exist on thjlct:·date. .. ' ~ Subd. 1( Non-Conforming Substandard Properties.\ Restrictions appl}in__g_ to non-conforming uses shall not apply to 1 r e co r d 1 o t s w h i ch a r e · ···s u bst;-anQ.a.r.d .... in._l.oJ:..._,.,a.r.aa.....o..r.. .. lG-t--w...i-d-t...fl---B-u-.t------,,1 which are being used in conformance with this Section: A. dry-buildable lot became substandard Ordinance No. 172. Record lots which are less than 2.0 acres in area and/or less than 200 feet in lot width lots on January 1, 1975, the effective date of B. Record lots, which are greater than 2.0 acres in dry-buildable lot area, but are less than 5.0 acres in dry- buildable lot area, became substandard lots on the effective date of this Section. C. Substanda£c:i.rec-efi.'l lots may be used or developed pursuant to Subpa~a ph"s-P·· and G of··-s~ubdi vis ion·o-:---------- ~- Subd. 8. Non-Conforming Substandard Buildings or Structures. Rest ·c~ions applying to non-conforming uses shall not a pp 1 y to existing bu Tlatn·gs-e-r---·s-tttiet-1:1-r-e·s--w-h-i-ea----de.--not-co nf 0£-m---eo location, height, or hardcover limitations, but which are being used in conformance with this Section. Existing buildings not conforming to the requi~ed minimum setbacks may continue to be used, repaired or maintained within ~he existing building envelope. These buildings may be enlarged vertically or horizontally within the required yard area without requiring a Council approved setback variance, provided: A. The addition conforms to all required setbacks, even if parts of the existing building do not; or, , I B. The addition extends an existing building line by not more than 20 feet and does not further encroach or reduce any required setback dimension less than already exists; and, c. The addition within the required setback area contains not more than 200 square feet, or 50 percent of the total existing building area, whichever is less. D. There shall be no setback exceptions permitted for addition to or enlargement of any accessory building or structure. E. There shall be no setback exceptions permitted that reduce any required setback to less than 10 feet. F. There shall be no setback exceptions permitted for any horizontal building addition or hardcover increase of any ·kind within 75 feet of the shoreline or within 26 feet of any wetland. G. There shall be no setback exceptions permitted without a Council approved variance in cases where any existing building is being replaced by a new building, or where the proposed addition, remodeling and/or renovation work constitutes 50 percent or more of the assessor's fair market value for the existing building. In these situations, the new work shall conform to all I required setbacks. - H. The exceptions authorized by this Subdivision apply only to setback requirements and do not authorize variance of any lot area, hardcover, building height, building area or any other zoning or building code performance standard. _}6/Nv IAS.~ e,~_s: ORDINANCE# ..lJ..L, 2ND SERIES AN ORDINANCE TO AMEND THE ORONO MUNICIPAL CODE BY REVISING SECTION 5.42 AND ADDING SECTION 5.43 RELATING TO BUSINESS AND JOINT USE OF LAKE FACILITIES The City Council of Orono ordains as follows: Definitions. For the purpose of this Section, the following terms have the meanings given them: . A. "Boat Slip, Water" means a structure, space, dock or other thing designed or used for the docking, mooring or storing of a boat temporarily or permanently in or on water, including mooring posts, buoys or other devices. B. "Boat Slip, Land" means a structure, space or other thing designed or used for storing a boat temporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed premises. C. "Business or Docking, Mooring, or Storing Boats" means renting or otherwise providing space, including boat buoys, for docking, mooring or storing three or* more boats belonging to persons other than the owner or occupant of the property. "Boat Slip. · · Permanent" means a boat slip on land or water used for the storing of a given boat on a long- term or yearly basis. D. "Commercial Boat Dock Business" means providing spaq: for docking, mooring or storing boats for a fee, or boats used in a trade or business, including, without limitation, providing rented spaces, boat buoys, space for keeping boats ovmed by the licensee and held fer sale, display, rental, or otherwise used in connection v1ith a boat or marina . . . . . . . 0 0 Wat&:-"Boat Sli Transient; means a b at sli on land or water used for the tern ora of many different boats for sho ~riods of time. E. ~~rcial Docks" means docks, mooring spaces, mooring posts, mooring buoys, or boat slips used in commercial boat dock busi~ss or by o~ in the business of docking or storing boats as defined herein, including all "els", "T's", mooring posts, or any other structures related to the main dock. "Joint Use" means more than two adjacent riparian landowners joining for the purpose of using lakeshore property for swimming, bathing, fishing, dockin2: or mooring boats, or for any other purpose. Joint use includes the following activities: L. More than two adjacent riparian landowners sharing in the 1 I \ _., use of a single dock. 2. An association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. J._ In the RS zoning district only, a not-for-profit organization or association providing transient boat slips for stakeholders or a property used for day use recreation or overnight camping purposes. F. 11 Joint Use 11 means more than tY.ro perso:IhS joining for the purpose of using lakeshore property for swimming, bathing, fishlng, docking or mooring boats, or for any other purpose. G. "Business Use" mea:IhS engaging in the business of docking, mooring or storing boats, or a commercial boat dock business. Subd. 2. License Required. It is unlawful for any person to engage or participate in business use or joint use without first having obtained an annual license therefor from the City. Subd. 3. Public Hearing. Upon filing of any application for license the Council may call a hearing upon such notice as it may deem appropriate. Provided, that no such hearing shall be mandatory, but 1.vholly within the discretion of the Coun-cil. License Application. Any person or group of persons making application for a joint use license shall do so on forms provided by the City and shall provide such information as may be deemed necessary by the Council in order to act on such application. The fee for license applications shall be set by ordinance. Subd. 4. Business Use Standards. A.11 business use applications shall provide information showing compliance with the following standards: A. The proposed number of boat slips on the land and on the water and boat buoys shall not adYersely affect the public safety, health and welfare or infringe on the public right to use the water, or unreasonably restrict the rights of other property owners to store boats on or adjacent to the same area. B. Such other regulations pertaining to the operation of the applicant shall be met which promote the public health, safety and v;elfare. The Council shall be mindful of the past history of the conduct of the business by the applicant. Subd. 4. Public Hearing. Upon filing of any application for license, the Council may call a hearing upon such notice as it may deem appropriate. No such hearing shall be mandatory, but wholly within the discretion of the Council, except that a hearing shall be 2 ( held at the request of the applicant in cases of license revocation or denial. Subd. 5. Joint Use Standards. Joint uses shall adhere to the following standards: A. Any association of riparian and/or non-riparian landowners within a subdivision adjacent to the lake which initiates a new joint use shall adhere to LMCD regulations and no such use shall have more than one boat slip per 50 feet of shoreline as measured by a straight line between the points at which the side lot lines meet the OHWL. Further, all such use shall adhere to the Shoreland Management Rerulations of Section 10.56. B. Any joint use in the RS zoning district by a not-for-profit organization or association providing transient boat slips for stakeholders of a property used for day-use recreation or overniQ'ht camping purposes shall be allowed only in conjunction with a valid conditional use permit for said use issued by the Council. C. Parking facilities not allowed. No ioint use shall be approved which necessitates provision of parking stalls or which creates the need for parking on any street riQ'ht-of-way. SECTION 2. Section 5 .43 is hereby added as follows: SEC. 5.43. MARINA BUSINESS LICENSE. Subd. 1. Definitions. For the purpose of this section, the terms "Boat Slip. Water". "Boat Slip. Land". "Boat Slip. Permanent", and "Boat Slip, Transient" shall have the meanimrs given them in Section 5.42. The following terms have the meanings given them: A. "Business Use" means engaging in either a marina business or the business of docking. mooring or storing boats. B. "Marina Business" means engaginQ' in one or more of the permitted, accessory or conditional uses allowed within the B-2 zoning district. C. "Business of Docking, Mooring or StorinQ' Boats" means renting or otherwise providing space, including boat buoys, for dockinQ'. mooring or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use. Subd. 2. License Required. It is unlawful for any persons to engage or participate in business use without first having obtained an annual license therefor from the City. Subd. 3. License Application. Any person or group of persons making license application for business use shall do so on forms provided by the City and shall provide 3 Post Office Box 66 • Crystal Bay. Minnesota 55323 • Municipul Offices On the North Shore of Lake Minnetonka ORDINANCE NO. 246 APPLICATION FOR CONDITIONAL USE PERMIT (& VARIANCE) SECTION 34.363(a): TO AUTHORIZE PRINCIPAL DWELLING USE : meaning any home or cabin that is used or occupied for 181 days or more in any one year; or any dwelling regardless of the duration of use if you wish to claim a Minnesota "principal residence" homestead tax credit. If the property is not homestead, and if your total annual usage is less than 180 days (6 months), then your use is allowed by the ordinance and you do not have to apply for this special permit . Note that even if you use the property a few days every month, it is _the total number of days that count, not how these days mi gh t be spread throughout the year . PLEASE NOTE . The following information is requested to prepare the permit accur- ately and to speed up the review as much as possible. Please attach other infor- mation or explanations which might be helpful, especially a site plan or lot survey and a sketch of your septic system. You might also be asked to supply other. inf.-ormation ~ 1 ur.n __ .g ~e course of the review. Application Date J/J_ f /s ~(before ?uly, 1, 1983). Record Lot No. 2 ~-//J-2?. ~ I --d /'') 1 l// :· ,• /) /),/)::)I Fee Owner (s) Name · V i//) .'(. Ct vJ/-..,· . 1 :, .•. ,·! ' f::_J;:// Telephone Numbers v -· ,0 /) .. , :) (/ -_,.::: . ,f j; 1/2 -·1 . Mailing /, ~ /-)-,:j_<( ~:>/-:_:.:( f~~.1-IA,;,,.( _f/ )/1 ,Mainland __________ _ Address Island .!/ 7 JL-f Z. 7 5 -----------------------------'--------- Applicant's Name (if different) and Telephone --------------------- Mail Address ---------------------------/-. --. -------- Brief statement as t~ why this permit should be appr9ved: k ··;,'.··'_,;;_.-d _.;;-;..._, ( J_, I~ ,,J -~_.,,~ /21'_ J ..t; ~_.;,,-_-_---'"---'.;...,, .... r-'-___ ----_.-. -,--.L_-.r-~-~-1:~-.-,--r:--Y.<.J..,,., <..-<.:/ (A. 1-,-:, ~ '&j<c1. ·.! -~ .,. ~-' ,,. , --~ •✓ ./ ,:]::J -- ,. ),, f /7··· .. · I ,,., __ .. ' ~---; .. · ·,;.-/ ✓.-:, .j ., • /•• ,,Y :...___ r .., -C-::...,,,-:"{_.-~ {/ 1. Ownership is by: Fee (Deed)£:contract for Deed __ _ Other 2. Date Property was Purchased: 'i (~ Is deed/contract recorded? .>(/Yes ___ No 3. Approx. Property Size:.;::;/) ft . wide X / ')O ft . deep ; or .~ '2. acres. -=-~------- 4. Is this your only residence? X yes no. If not, what is the address --- of your other residence(s)? 5. Have you filed for a "Homestead" property tax credit on this property X Yes No · If yes, what is the first year you so filed? // f?:l ' - BUILDING 4 ZONING -473-7357 ASSFSSI N C. • QUESTIONS CONTINUE ON BACK ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359 ORDINANCE NO. 246 .c· '/-J ·1' I -~---:; - RECORD LOT NO. 2,.;; -o o:; 'j APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -2-1 6. Have you filed for a "Homestead" credit on any other Minnesota property? __ Yes:i._r. If so where? ---,------------------------------------ 7. How many persons reside here as their principal residence (on the average)? / _.,___ __ 8. How many days per year is the property occupied? (a) )( Continuously all year; or (b) Part of each year from about _____ to ____ totalling'-___ days; or (c) Off and on throughout the year, totalling days (give example of dates 9. used last year): What buildings a_r_e_o_n_t_h_e_p_r_o_p_e_r-ty--b-e_s_i_d_e_s_t_h_e_d_w_e_l_l_1_·n_g_? __ --c:;-,k:'.:-,-,-✓--,~-✓-,-;,1-/4 _ _,,_h_~_k_?_ --;;-,,,,--------------.! /, V _-.Jr-K f £. 10. Dwelling was built when (approx. year)? J/& was added onto in what year (s)? and was last remodeled in what year? ---------------------..,__ __ 11. Approx. dwelling size (floor area) is:=<~ ft. X 21/-ft.; or Qoo sq. ft.; it has how many bedrooms? 2,..., and can sleep up to 0 persons. · 12. Dwelling construction is frame (wood)~;<-'-_ or what other material? (a) basement crawl ----A permanent foundation is required. What exists now? space X : open floor with piers ; other ------------ (b) What is type and amount of insulation in: walls: j~i!.., .. ,_/1J-l1...-·e..?. ceiling/ roof: : ) ,,,,...-::J,/1....JJ ... ,lf~ (c) A permanent heating system is required. What exists now? hot air fu-i:::aance_,____,... __ space heater(s) wood stove(s) x· other L_ Pr: L1 /?,~ )./....,<C(r ----~------- (d) Fire retardent roofing will be required for new work. What exist now? asphalt shingles X : untreated wood ____ : treated wood ____ _ other 13. Plumbing and Septic systems will be required by or before Jan. 1, 1983. What exists now? (a) No. of toilets I bathroom sinks J tub or shower I kitchen sink : other (b) No. of septic tank (s) _/__and size in gallons Ii t)?) · ~-"'.,--and (c) Amount of drainfield: No. of lines 2,_. ; length'--_:5}'--()::;.· ___ .,.._ ____ _ total Sq. footage / 6 O a -r---~, ........ __..._..'---',.__ ____ _ (e) Date of septic system insta]J..,ation/.last tepa~;----'-'/#._1 ___ ·0='~'--,--------- and name of contractor Cl.r1.A.A..T -d--#'2'i..;:_,t j-__,'. • .. ,/ .rZ 14. What type of domestic water s:pply is availabl~? ·(a)_ lake pump X_gpm~~ (b) well: depth , ft.; casing diam. ____ inches: flow rate ___ gpm:7 pump type: elec.X ; gasoline _____ other: ______________ _ year drilled ____ by·(contractor's name) ORDINANCE NO. 246 RECORD LOT NO. APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT PAGE -3------ 15. Basic fire/life protection will be required by Jan. 1, 1985. What eY.ists now and how many? Smoke detector(s) ____ & Portable fire extinguisher(s) ..-,, ~-.I -------~ size lAlOBC or larger .).-: : other ..&,,•J,1,,~ -~~ 1. r .r (a I.., -1, • , -i --~ (/ 16. What additional fire extinguishing equipment is available now (some type is required by Jan. 1, 1988)? 17. 18. 19. (a) Automatic sprinkler system ----'-- (b) Roseline connected to well __ ~A'---\--____ or to lake pump_~><-✓ __ : (c) Alarm system --------------- ( d) Other ------------------ Is your house visible from the lake? Yes ::::s::::· No ___ : Could a 4-wheel drive emergency vehicle reach your house from the lake? Yes.><'No __ Do you have an intrusion alarm system? DO NOT ANSWER HERE. If you have one, please notify Orono Police (473-7710) of the particulars, including type and key holder names. Any audible alarm must be of the self-resetting type. Also consider Operation ID marking of valuables, security locking, lighting and other such measures. I hereby apply for this Conditional Use Permit under the terms and conditions of Ordinance No. 246. I understand that in granting the permit the City Council may establish reasonable conditions or timetables for making improvements related to health and safety matters; that the final permit if granted will be in resolution form, will require my signature, and will be recorded in the chain of title of my property; and that there will be no fee charged for .this application if made before July 1, 1983. /' (; ~ --:-·?' \// .· .,· /) Owner' S Signature ___ (_.,~,.,,_'D-".L ... :...,_a'-_-_,✓_,L>_· ___ L_._·~..,.· .,.'f ... ·:-f·:;_. _c_··_;_i_,.y'_,,,_·"'_,,l--;.vi:..~1/----Date /;I/ . ii{/ Al ~ Applicant's Signature i/ r' / d-i• t\/,.,~.::-q::;t,:.:lt.::11,,✓ Date --::;--·____.,_._-'"-'"-{/---/-----'-.;......::..:;_-7,--- // p C /, .. --;,' ·--c..L.,.,:--5 / r ' T e le phone 473-7357 CITY of ORONO Post Office Box 66 • Crysta l Bay , Minn esota 55323 • Municipal Offices On the North Shore of Lake Minnetonka May 13, 1983 Nr. Jean A. Deggendorf Box 334 Ex celsior, Minnesota 55331 Re: Big Island --.---R~ Dear Mr . Deggendorf: .. -.,. ........., .. ,. ' ~s -1-1 ;? 1-2 I ·> /j ---t'?"-. s Enclosed is information regarding the island zoning ordinance adopted last December and how that ordinance may affect your property. I recommend that you consider completing and returning the variance resolution (Form #2) which will ensure that y ou receive the full "grandfather" benefits of the ordinance designed to protect building rights on those lots with existing cabins. forms necessary I apologize for the delay in ge ting this will note that the ordinance an attached 1983 deadline for your response. I would by that date, but because this n \he actual deadline to September Thank you for your cooperation . SinJ~L ~Olson . City Planner APO/ams information to you. You forms include a July 1, appreciate your response delayed, we will e x tend MINUTES OF THE CITY OF ORONO PLANNING COMMISSION MEETING HEW ON APRIL 18, 1994 (#4) AMENDMENT OF SECTION 10.56, SUBDIVISION 3 (CONTINUED) It was moved by Lindquist , seconded by Smith , to recommend approval of the Amendment to Section 10 .56, Subdivision 3 , and direct staff to forward it to the City Council. Ayes 6 , nays 0 . (#5) #792 MINNETONKA POWER SQUADRON , 510 BIG ISLAND - CONDITIONAL USE PERMIT -PUBLIC HEARING . Gaffron gave the staff report and stated that staff recommended approval of the request subject to the conditions listed in the staff report. Peterson commented he felt that it was g ood to have a conditional use perm it issued for the use and he did not want to limit the applicants to 150 users . The applicant noted that their membership was about 300-350 family units , and they did not want to be in a situation where they had to count the number of people on the site. Chair Schroeder noted this was a public hearing; no one present wished to speak , and the public hearing was closed . Lindquist asked the applicants what number they would feel comfortable with and the applicants responded that they typically have had between 250-300 people on the site during the busiest times. They were willing to give the C ity a schedule of events so they would be _ informed of the activities on Big Island , but they preferred not to be limited or having to take a head count. Chair Schroeder asked if 500 people would be acceptable as they were not comfortable having it open ended . Discussion ensued regarding the potential number of people the island could accommodate safely. Peterson commented that the Minnetonka Power Squadron had not done anything other than operate the facility in a very responsible manner ; the other Commissioners concurred . It was moved by Schroeder , seconded by Lindquist , to approve #792 Conditional Use Permit for Minnetonka Power Squadron , 510 Big Island , as outlined in the staff report , with the limit of 500 people , beyond which the Minnetonka Power Squadron will need to obtain approval on a per-event basis from the City Council. Ayes 6 , nays 0. (#6) #1881 JOHN WHITMAN, 1570 SIXTH A VENUE NORTH -CONDIDONAL USE PERMIT/VARIANCE -PUBLIC HEARING Gaffron reviewed the staff report and noted that staff recommended approval of the conditional use permit and variance subject to the six stipulations listed in the staff report. He discussed the Minnehaha Creek Watershed District proposal to construct an 8-acre basin to catch sediment from the surrounding properties . 3 CITY of ORONO TELECOPY COVER LETTER Please deliver the following page(s) to: Name: From: Total number of pages letter. Date: including this cover IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. Phone: (612) 473-7358 and ask for: our telecopy number is: (612) 473-0510 Additional Message: J ubd. 3. Restrictions. A. Separate licenses shall be issued of tol;:>acco ate ch fixed place of business, issued for a mov le place of business. B. is unlawful for any per away any tobacco in any form to any pers n eighteen (18) years. § 5.24 the sale shal 1 be or give age of C. It is erson to keep for sale, sell or dispose of any obacco in an form containing opium, morphine, jimsonweed, bell donna, s ychnos, cocaine, marijuana, or any other deleterious or drug except nicotine. Subd. 4. Tobacco A. Prohib' ed sa es from vending machines. No person sha 11 se 11 or di spen e any cig rettes or tabacco product, cigarette paper or cigaret wrapper th ugh the use of a vending machine. Subd. 5. products my minors or attempted urchase of tobacco f¥I/' t.{,(2·93 A. It shall be unlawful for an person who has o(tfy not attained th age of 18 years of age to purchase r attempt to ~ )IL{ purchase any t acco product. A person under the ag of 18 years ~ of age who i alleged to have violated this sectio shall be wg~ subject to e jurisdiction of the Juvenile Court under innesota £~ Statute Se ion 260.111. In addition to the dispositions ~erwisu provided y law, a violation of this section shall subje~he minor t a fine of $100.00 for a first violation or $200.00 for any subseq ent violation. ?-------~~~~~:nee 81, 2nd Series .. ~d: 5-1-9 o S SHOWS AND LARGE ASSEMBLIES. ' / "sub_d. 1. License Required. ~~ unlawful for any person to pre~-any __ _pubJ ic~movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the City. It is also unlawful for any person to promote or sponsor a large assembly, for any purpose and to which the public is invited, without first having obtained a license therefor from the City. For the purpose of this Section, "large assembly" means a gathering, or projected gathering, of more than three hundred (300) persons at one time and at a single location. This s~ly in addition to any permitted requirement under ~-~9-ti·on .~~ this Ordinance. '··--·-··------\ ORONO CC 114 (4-1-84) § 5.25 Subd. 2. Regulations. Unless waived or modified by the Council for good cause, all applicants for a license under this section shall demonstrate an ability to meet or provide the requirements listed below, every license shall be conditioned on maint~nance of the following: A. If fully or partially out-of-doors, a fence shall completely enclose the location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the grounds, which fence shall have a sufficient number of gates to allow safe passage to and from the gathering. B. Potable water, meeting all Federal and State requirements for sanitary quality, sufficient to provide drinking water for the maximum number of persons to be assembled, at the rate of at least one gallon per person per day. C. Enclosed toilets, separate for men and women, meeting all State and local specifications, conveniently located throughout the grounds, sufficient to provide facilities for the maximum number of people to be assembled in accordance with the Minnesota State Board of Health Regulations and Standards, which shall be kept clean, operable, and free of refuse. D. A sanitary method of disposing of solid waste in compliance with State and local laws and regulations, sufficient to dispose of the solid waste production of the maximum number of people to be assembled at the rate of at least 2.5 pounds of solid waste per person per day, together with a plan for holding and collecting all such waste at least once each day of the assembly's continuance, and sufficient trash containers and personnel to perform such tasks, and a plan to return the area to its original condition. E. Illumination sufficient to light the entire area of the assembly if it is to continue during the hours of darkness. F. Security and traffic controls meeting the requirements of local authorities and the Minnesota Department of Public Safety. Regularly employed security officers, sufficient to provide adequate security for the maximum number of peop 1 e to be assembled. Such officers shall be licensed by the State of Minnesota. G. An administrative control center with telephones where local authorities can contact the licensee and law enforcement personnel inside the area of the assembly. H. A policy or certificate of insurance, on which the· City, its agents and employees are additional insureds, providing public liability insurance in the amount of at least $300,000.00 for the injury of one person, $500,000.00 for the injury of two or more persons in the same accident, and $50,000.00 for property damages. ORONO CC 115 (3-10-86) ) § 5.25 I. Physicians and nurses licensed to practice in Minnesota sufficient to provide the average medical care enjoyed by residents of Minnesota for the maximum number of people to be assem.bled at the rate of at least one physician and nurse for every 5,000 people, together with an enclosed covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least two emergency ambulances with attendants for each 5,000 people. J. A parking area inside of the assembly grounds sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons. K. Telephones connected to outside lines sufficient to provide service to the maximum number of people to be assembled at the rate of at least one separate line and receiver for each 1,000 persons. L. Fire protection to be provided by the sponsor including the following: fire alarms, extinguishing devices, fire lanes. Such fire protection shall be sufficient to meet all applicable State laws and local regulations which are in effect. Sufficient emergency personnel to efficiently operate the required equipment shall be provided by the sponsor. M. Copies of all proposed advertising. N. All reasonably necessary precautions to insure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly. o. Written permission from the owner of the premises. Subd. 3. Maximum Size. It is unlawful for any licensee to admit a larger number of people than the maximum fixed by the Council at the time of issuance of the license. Subd. 4. Overnight Camping. It is unlawful for any licensee to permit, or for any participant, spectator, or customer, to camp or sleep overnight at the location of a large assembly. It is a 1 so unlawful for any licensee to permit, or any participant, spectator or customer, to prepare food on such premises, unless such person is a concessionaire. This Subdivision does not apply to security officers performing their duties as such. Subd. 5. Investigation Fee. In addition to the license fee the Council may fix an investigation fee commensurate with the cost of such investigation. ORONO CC 116 (3-10-86) ) § 5.25 Subd. 6. Permitted Area. Large assemblies shall be permitted only after a finding by the Council that the character of the proposed assembly is compatible with the character of the surrounding neighborhood considering the problems of noise, light'ing, traffic, sanitation, congestion, and other factors affecting the public health, safety and welfare of the entire area, and compliance with the City Code. Subd. 7. Exceptions. The fol lowing activities and performances are exempt from compliance with this Section: A. Performances presented in the local schools and colleges, under the sponsorship of such schools and colleges, and primarily for the students thereof only. B. Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only. C. Any performance or event in, or sponsored by, bona fide local church and non-profit organizations, provided that such organization shall be incorporated. D. Any activity or performance more specifically defined and licensed under another Section of this Chapter. Subd. 8. Obscenity Prohibited. A. Definitions. As used in this Subdivision, the following words and terms shall have the meanings stated: 1. "Nudity" means uncovered, or 1 es s than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered. 2. "Obscene Performance" means a performance which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sado-masochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct. 3. "Obscenities" means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning. ORONO CC 117 (3-10-86) ) § 5.25 4. "Performance" means any play, motion picture film, dance, or other exhibition pictured, animated, or live, performed before an audience. 5. "Sade-masochistic Abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. 6. "Sexual Conduct" means human masturbation, sexual intercourse, or any touching of the genitals, public areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. 7. "Sexual Excitement" means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. B. It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly (1) exhibit an obscene performance, or, (2) directly or indirectly sell an admission ticket or other means to gain entrance to an obscene performance, or, (3) directly or indirectly permit admission of a person to premises whereon there is exhibited an obscene performance. C. Any prosecution under this Subdivision shall include the following elements: (1) that the average person, applying contemporary community standards, would find the performance, taken as a whole, appealing to the prurient interest of the audience; (2) that the performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of "obscene performance"; and, (3) that the performance, taken as a whole, lacks serious literary, artistic, political or scientific value. (Sections 5.26 through 5.29, inclusive, reserved for future expansion.) ORONO CC 118 Ordinance 22, 2nd Series Adopted: 3-10-86 --<--. ......, "-~--·-·-·-----~··-~~--~--~-~-·.~·~-_5 ~~ 3~ ---------------------- -----------------·---------------------------------------- ...... ----··--·-··--------· ----·--·---····----··-·-·-----·--------- -~ CITY of ORONO j RESOLUTION OF THE CITY. OUNCI L NO. ---~;,a.---- A RESOLUTION GRANTING A CONDITIONAL USE PERMI~ PER MUNICIPAL .ZONI SECTION 10.31, SUBDIV AND VARIANCES TO SECTION 10.22 FILES 1160 & 1 1 & 2 p}v WHEREAS, Thomas~ authorized agent of Big I s 1 and Inc. , a Minne s •-·"-.,.._, o at on , ( herein a f t er " the applicant") has an inte the property located on Big Island, Orono classifica e ord Lots 12 and 19, within the City of Orono (h~reinaf ·ty") and legally described as. follows: Refer tached (hereinafter "property"); and Section 10.31, Subdivision 3 (C) the o the City of Orono for a conditional use permit to allow a y use recreation area with occasional over- night camping at a maximum user level of 100 and variances to Section 10.22, Subdivisions 1 and 2 that would allow the repair of an existing swimming dock/deck located within the 0-75' lake~ shore protected area where no structures or hardcover are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. These applications were reviewed as Zoning Files fl606 and 1660. 2. The property is located in the RS Seasonal Recreational Zoning District. Per Section 10.31, Subdivision 3 (C)l - One acre in area is needed for each 20 users. The day use recreation facility will be limited to 100 users based on the exi~ting 5.02 acres. 3. On July 15, 1991, the Orono Planning Commission reviewed the applications as proposed and recommended approval based on the following findings: -- Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3006 A) The 5.02 acre site is large enough to support a day use recreation area and occasional overnight camping use without any adverse effect upon the lake or upon the adjacent wetlands located within the western portion of the subject property. B) The proposed use will have no negative impact upon the neighboring adjacent properties. C) Based on the proposed level of use, the fire protection system developed by the Orono staff for Big Island and the bylaws developed by applicant will provide the necessary precautionary steps to maintain the public safety and welfare. D) The proposed use wi 11 r·equire no variances to the required standards set forth in Section 10.31, Subdivision 3 (C). E) The existing dock/deck will not be expanded and will maintain its present configuration. The dock shall sustain structural repairs only. F) The only flat usable land portion of lakeshore is 15-20' above the lake level. The swimming dock provides area for parents to supervise children swimming in lake. G) The large, rocky shoreline prevents persons from using existing shoreline. 4. The City Council finds that granting a conditional use permit to allow a day use recreation area with occasional overnight camping will not be be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property wi 11 be in keeping with th~ intent and objectives of the Zoning Code and Comprehensive Plan of the ct~. - Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 0 3006 N ·-------- 5. 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 for the repair of an existing swimming dock would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danager to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to al le via te a demonst_r_able 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. 6. The City Council has considered these applications including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.31, Subdivision 3 (C) to permit a day use recreation area with occasional overnight camping at Record Lots 12 and 19, Big Island, for Big Island Inc., subject to the following conditions: 1. Big Island Inc. shall be limited to 15 slips at the shared joint use dock. Any attempt to increase the number of slips shall require an amendment of this conditional use permit and the filing of a new conditional use permit with t4e appropriate notice to adjacent property owners. 2. Applicant shall file a special lot combination of Record Lots 12 and 19 with the City. 3. If at any time a special activity results in the attendance of more than 100 users at the facility, a responsible agent of the association shall apply for a large assembly permit at the City of Orono. ----· · · Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL- area. 5. Applicant shall provide immediate fire protection for fire ring shown on site plan. Such protection is subject to the special standards developed for Island recreation areas by the City of Orono's building department. This protection shall consist of a supply of sand, water, bucket and blanket. 6. Applicant shall be responsible for submitting all proposed changes in bylaws related to membership to City for review prior to formal action by board of Big Island Inc. 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be completed within one year of the date of Council approval or the special conditions of this resolution ~ill expire on that date (August 26, 1992). 8. 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. · 9. The undersigned representative of Big Island Inc. has read, understood and hereby agrees to the terms of this resolution and on behalf of Big Island Inc., its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of August, 1991. &JU~ Barbara ~terson;::Th,yo;.?2 Edward J. C lahan°;· Jr. , Acting Mayor .. -... -- Authorized Agent of Big Island Inc. Page 4 of 5 \ STATE OF MINNESOTA } ) ss. COUNTY OF HENNEPIN } CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3006 * Edward J. Callahan, Jr. Acting Mayor The foregoing instrument was acknowledged before me on this 26th day of August, 1991, by P/cl1titittlil/ff~~¢t%PP & Dorothy Mo Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. e LINDA S. VEE NOTARY PUBLIC • MINN. ESOTA HENNEPIN COUNTY My commission expires 8-12-96 STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) Notaty Public ~:f~~!s me :GN::x_y Publi~a~i ~~in andArg~ / said county,' :::s2;nal ly .c.dJ appeared Thomas ~ Judd, an authorized agent for Big Island Inc, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public ' Page 5 of 5 , . ,· .. •:.··-.-.. •~;-=~~_i:;~:-~·~: .... >:.•::~:_,. __ . .: :~: -.:::. :.--:-:.-..•. ·: .. : .. ·.·•.i-~_:.,-: .. ~:_-:_·; .. -_.:_ .. :_·._.·:• .. ..:~ __ ._.-_.·.•:._ ... -.· -... :·•:· . .,. ·:_.-=-'·-:··_ ·-_. _-.:~. :_ :~t.·;->-_:_ . ·.:-· ~~:..~~::~~::;~; ~~:~~-~--~ -:~-~-:=. ~~ .. ~--~--~;~;-~:.-;;__J~::~~-;:~~;~;.·':.; :~:...~-;...:.-~·.i:. ;;.;:_·=-._-_. ---~::.-•' ·. --=--~:~_:;·.:_: ~--_ -~~-:-.: ~: -_~ ... :-_:_~---:~_:_. ·..:.. . ..:.~~ ~---~-_;-__ : · __ RESOLUTION #3006 EXHIBIT A All that part of Lot 1, Rearrangement of Lot 1, Kitchel' s Subdi visio1;1 of Government Lots 5 and 6 in Section 22, Township 117, Range 23, H~nnepin County, Minnesota lying southwesterly of a line running from the northwesterly most corner of Lot 7, said Rearrang~ment 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 11 7, 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. ARTI~LE I I I II I IV V VI VII VI II IX X XI XII XIII XIV xv XVI XVI I .,VI II XIX BYLi:\WS OF M INNETONhA POWER SQUADRON A UNIT OF UNITED STATES POWER SQUADRONS Adopted 3 January 1388, effective 5 Februarv 1388 CONTENTS NAME/ NONPROFIT ORGANIZATION OBJECTS/ WORD AND TERM MEANINGS MEMBERSHIP APPRENTICES OFFICERS AND COMMITTEES GENERAL PROVISIONS ELECTED OFFICERS AND COMMITTEES ELECTED ASSISTANTS DUTIES AND POWERS OF OFFICERS AND COMMITTEES ELECTED OFFICERS APPOINTED OFFICERS EXECUTIVE COMMITTEE GENERAL COMMITTEES STANDING COMMITTEES DUES AND ENTRANCE FEES RESIGNATIONS, TRANSFERS, AND REINSTATEMENTS MEETINGS, NOTICES, AND QUOREMS ORDER OF BUSINESS AND RULES OF ORDER NOMINATIONS, ELECTIONS, AND VOTING MI SCELLANE IOUS DISCIPLINE RULES AND REGULATIONS: INSIGNIA AND FLAGS SQUADRON PUBLICATION DISTIBUTION OF ASSETS AFTER TERMINATION AMENDMENTS CORPORATE SEAL EFFECTIVE NHE DATE i:\GOPTED DATE EFFECT I ':E (_)f:l§\:; I/ I 1/2 3 5 5 5 7 8 8 8 13 13 l"t 15 17 18 18 20 21 22 22 23 23 23 23 24 24 25 ·,e CJ BYLAWS OF HINNETONKA POWER SQUADRON A UNIT OF UNITED STATES POWER SQUADRONS ARTICLE I NAME Section 1.01 The name of this organization shall be Minnetonka Power Squadron, constituting a Squadron and unit of United States Power Squadrons, a nonprofit organization. NONPROFIT ORGANIZATION Section 1.02 This is a nonprofit organization organized under the laws of the State of Minnesota. The Constitution and Bylaws of United States Power Squadrons and any rules and regulations made pursuant thereto, not inconsistent with Federal, State, and local laws, shall take precedence over those of this Squadron, and all provisions thereof affecting the conduct of the affairs of this Squadron shall prevail. ARTICLE II OBJECTS Section 2.01 be: The objects of Minnetonka Power Squadron shall 2.01.1 To associate selectively, as a boating fraternity, congenial persons of good character having a common love and appreciation of boating; 2.01.2 To encourage and promote boating, power and ~and to provide a practical means to foster fraternal and social relationships among its Members interested in boating; 2.01.3 To encourage and promote a high amateur standard of skill in the handling and navigation of boating, power and sail; to encourage and promote the science and art of navigation, seamanship, and small boat handling; to develop and promote instructional programs for the benefit of its Members; and to stimulate its Members to increase their knowledge of and skill in -1- MINNETONKA POWER SQUADRON BYLAWS Page 2 boating, through instruction, self-education, and participation in marine sports activities and competitions; 2.01.4 To encourage its members to abide by riic'ogiiized boating traditions, customs and etiquette; and 2.01.5 To render, and encourage its Members to render, such altruistic, patriotic, or other civic service as it may from time to time determine or elect. WORD AND TERM MEANING Section 2.02 As used herein, unless the context clearly indicates otherwise, the term: 2.02.1 2.02.2 2.02.3 "USPS" means United States Power Squadrons. "District" means a District of USPS. "Squadron" means this Squadron. 2.02.4 "Members", "Officers", "Committees", "'neiegates", and subjects treated generally refer to and mean those of this Squadron. 2.02.5 "Policy and Authority of USPS" refers to and ~the Constitution and Bylaws of USPS, the policies adopted by the Governing Board, and the current USPS Operations Manual which supplements these documents. 2.02.6 "Bridge" consist of the Commander, Executive O"fTtcer, Education Officer, Administrative Officer, Secretary, and Treasurer. 2.02.7 "Executive Committee" means all Bridge O"fTtcers, elected Members at large, and the following required attendees of Executive Committee Meeting, but who shall have no vote, to wit: Past Commander and Law Officer. Section 2.03 Any word denoting gender used in these Bylaws shall apply equally to either gender as the context may require. -2- MINNETONKA POWER SQUADRON BYLAWS Page 3 ARTICLE Ill MEMBERSHIP Section 3.01 Membership in USPS and in the Squadron is a privilege, not a right, and shall be extended by invitation only. Membership shall at all times be contingent upon the fulfillment of all obligations to USPS and to the Squadron. Election to membership in USPS is a function of the Governing Board of USPS and is delegated to the Squadron Executive Committee subject to the policy and authority of USPS. No membership shall be valid unless the Member meets and continues to meet the factual requirements of membership in USPS according to the policy and authority of USPS and of the Squadron. Any prospective Member shall be socially acceptable to the other Members of the Squadron and be able and willing to contribute energy and skill to the objectives of the Squadron and USPS. Section 3.02 membership: There shall be the following classes of Active Members (consisting of Regular Members, Sustaining Members), Family Members, Associate Honorary Members. Life Members, and Members, and Section 3.03 The Regular Members of the Squadron shall consist of persons eighteen years of age or older who are elected Members as herein provided. Section 3.04 A Regular Member who has made payment of a lump sum equal to twenty times the then current National dues shall be a Sustaining Member. Sustaining Membership does not in itself exempt the Member from payment of District and Squadron dues and assessments. Section 3.05 A Regular Member who has been awarded twenty-five (25) Merit Harks shall become a Life Member. Life Members shall have all of the privileges of Regular Members except that they shall be exempt from further payment of Squadron dues and shall receive such other exemptions in the Squadron as are appropriate to match those granted by USPS. Section 3.06 Family Members of the Squadron shall consist of the spouse of the Active Member and persons related to the Active Member by blood, legal adoption, or marriage who are at least twelve (12) and less than twenty-five (25) years of age and who reside with or are dependents of the Active Member. Family Members shall enjoy only such rights and privileges as are in -3- MINNETONKA POWER SQUADRON BYLAWS Page 4 accordance with the policy and authority of USPS. Section 3.07 Associate Members of the Squadron shall consist of Active Members in good standing of other Squadrons of USPS, or of the Canadian Power and Sail Squadrons, who shall qualify for Associate Membership as hereinafter provided. Associate Members shall have all of the powers and privileges of Active Members except that they shall not hold office in the Squadron, have representation by Delegates of the Squadron, be entitled to represent the Squadron at any USPS or District· meeting, or be entitled to vote at any meeting of the Squadron. Section 3.08 Honorary Membership may be conferred, for not more than one year at a time, by the Executive Committee in the same manner as invitation to Active Membership, upon any person not a member of USPS who has rendered conspicuous service in the interest of the objects of the Squadron. Honorary Membership shall not be subject to the payment of entrance fees and dues. Honorary Members shall not have any of the rights and privileges extended to Active Members, Family Members, or Associate Members, except that they may wear the USPS membership lapel pin. Section 3.09 No blanket invitation to membership may be made by any person to any group of persons. Invitation to membership may be extended only in writing to individuals who must accept such invitation, in writing, within thirty (30) days of the mailing of the invitation or forfeit the privilege. Successive jnvitations to membership may be extended only upon the recommendation of the Membership Committee and by the affirmative vote of at least two-thirds (2/3) or the Executive Committee members present and voting at a duly constituted meeting of said Committee. Section 3.10 The nomination of a candidate for Active, Family, or Associate Membership in the Squadron must have been endorsed by one (1) or more Active Members and must have the approval of the Membership Committee before being presented to the Executive Committee for final action. Election to any class of membership in the Squadron shall require the affirmative vote of at least two-thirds (2/3) of the Executive Committee members present and voting at a duly constituted meeting of said Committee. Section 3.11 No member of the Executive Committee or of the Membership Committee shall disclose his or any other member's vote, or make any comment on or discuss outside the Committee -4- MINNETONKA POWER SQUADRON BYLAWS Page 5 meetings any invitation to membership. No person may disclose the name of any person considered for membership to any person not an Active Member of the Squadron. No person, Member or otherwise, shall be entitled to receive information from any member of the Executive Committee or of the Membership Committee concerning the invitation or non-invitation of any person or persons to membership in the Squadron and USPS, except that a Member proposing a person for membership in USPS shall be informed by the Membership Committee as to the status of his proposal. Section 3.12 The classification of Members and the educational grade of Members attaining Advanced Grades shall be in accordance wi'th the policy and authority of USPS. ARTICLE IV APPRENTICES Section 4.01 In accordance with the policy and authority of USPS, any person who had attained at least the age of twelve (12) and who had not attained the age of nineteen (19), and who does not otherwise qualify for any class of membership, may become associated with the Squadron as a Squadron Apprentice, but only upon the invitation of the Executive Committee after the affirmative vote of at least two-thirds (2/3) of the Members present and voting at a duly constituted meeting of said Committee. Section 4.02 A squadron Apprentice associated with the Squadron shall have only such rights and privileges, shall be subject to such limitations and conditions, and shall pay such fees as are set forth by the policy and authority of USPS and of the Squadron. ARTICLE V OFFICERS AND COMMITTEES GENERAL PROVISIONS Section 5.01 Elected officers, elected committee chairmen and committeemen, and all appointees, shall be subject to the following general provisions: -5- MINNETONKA POWER SQUADRON BYLAWS Page 6 5.01.1 All elected officers, all elected chairmen iincleTected committee members, and all appointed officers and appointed committee chairmen, shall be Active Members. 5.01.2 All elected officers shall have completed OT training and shall have been awarded at least one Advanced Grade and shall have been awarded the right to wear at least one Merit Hark. This requirement may be waived by the District Commander for good cause in accordance with USPS Bylaws Article VI, Section 2. 5.01.3 Officers and members of the Executive Committee and all other committees shall serve from the time of their installation in office until their successors shall have been. installed. 5.01.4 No Active Member shall be nominated for or li'oI'a'"""iiiore than one elective fla! office in USPS simultaneously, except as provi ed in Section 5.02 hereof or for a short "lame duck" period due to overlapping terms of office. Hore than one elective position other than flag office may be held if there does not appear to be a conflict of interest. 5.01.5 The Commander shall not be eligible for election to that office for more than two consecutive terms of one year each. 5.01.6 Committees whose members have terms of stagfered length shall have members elected or appointed init ally for terms to meet such qualifications. One of the members whose term next expires shall be nominated and elected, or appointed, Chairman, as appropriate. 5.01.7 A vacancy occurring in any elective office (except as otherwise provided for in Article VI, Sections 6.02 and 6.04 hereof) shall be filled by the Executive Committee until the next Annual Meeting of the Squadron and a vacancy occurring in any appointive office shall be filled by appointment by the Commander. 5.01.8 The Commander may appoint a Chaplain, a Flag Lieutenant, Chairmen of the various appointive committees of the Squadron and such Aides or other Lieutenants as he -o- MINNETONKA POWER SQUADRON BYLAWS Page 7 may deem necessary, to perform such duties as he or the Executive Committee may assign. 5.01.9 Every appointee shall hold office at the pleasure of the appointing power but not beyond the term of office of that person or body, except to complete an assignment with the approval of the Executive Committee and except for committees with terms of staggered length. 5.01.10 In all instances relating to rank, grade, appointment, duties and procedures, the policy and authority of USPS shall control. 5.01.11 In the event the Commander, the Executive Officer or the Administrative Officer is determined, by his own declaration or by a two-thirds (2/3) majority vote of the Executive Committee, to be incapable of performing the duties of his office because of illness or otherwise, the duties and powers of such office may be assumed by a Past Commander selected by the Executive Committee. Such assumption of duties by a Past Commander shall last only until the earliest of (1) the next Annual Meeting of the Squadron, (2) the officer rescinds his own declaration of incapability, (3) the Executive Committee rescinds its declaration of incaeability, or (4) the next Squadron meeting at least fifty {SO) days after the declaration of incapability, at which time the Executive Committee shall recommend to the membership whether the period of incapability should be extended or the office be declared vacant. ELECTED OFFICERS AND COHHITTEES Section 5.02 The elected Bridge Officers of the Squadron shall be the COHHANDER, who shall be the ranking officer, the EXECUTIVE OFFICER, the EDUCATIONAL OFFICER, the ADMINISTRATIVE OFFICER, the SECRETARY, and the TREASURER, which officers shall be elected by the Active Members of the Squadron at the Annual Meeting each year. The offices of Secretary and Treasurer may be held by the same person. Section 5.03 There shall be an EXECUTIVE COHHITTEE consisting of the Commander, the Lieutenant Commanders, and four (4) Active Members from the general membership of the Squadron, nominated for such position by the Nominating Committee and -7- MINNETONKA POWER SQUADRON BYLAWS Page 8 elected by the Active Members of the Squadron at the Annual Meeting each year. Section 5.04 There shall be a NOMINATING COMMITTEE, consisting of a Chairman and five (5) other members, two of whom shall be elected by the Active Members of the Squadron at the Annual Meeting each year for a term of three (3) years. Section 5.05 There shall be a RULES COMMITTEE, consisting of a Chairman and five (5) other members, two of whom shall be elected by the Membership of the Squadron at the Annual Meeting each year for a term of three (3) years. Section 5.06 There shall be an AUDITING COMMITTEE, consisting of a Chairman and two (2) other members, one of whom shall be elected at the Annual Meeting each year for a term of three (3) years. ELECTED ASSISTANTS Section 5.07 The ASSISTANT EDUCATIONAL OFFICER shall assist the Educational Officer in the discharge of his duties and; in his absence or incapacity, act in his place and stead, including voting at any meeting. Section 5.08 The ASSISTANT SECRETARY shall assist the Secretary in the discharge of his duties and; in his absence or incapacity, act in his place and stead, including voting at any meeting. Section 5.09 The ASSISTANT TREASURER shall assist the Treasurer in the discharge of his duties and; in his absence or incapacity, act in his place and stead, including voting at any meeting. ARTICLE VI DUTIES AND POWERS OF OFFICERS AND COMMITTEES Section 6.01 The COMMANDER shall 6.01.1 Preside at all meetings of the Squadron and Itsrxecutive Committee. -8- MINNETONKA POWER SQUADRON BYLAWS Page 9 6.01.2 Execute all written instruments in the name orTiie Squadron when directed by the Executive Committee or by the Membership. 6.01.3 Have command of the fleet when the vessels of tli'eSquadron are formally assembled. 6.01.4 Appoint, with the concurrence of the Executive Committee, appointive officers and the Chairmen and members of the appointive committees. 6.01.5 -Determine the times and places for instruction in the educational courses of USPS, after consultation with the Educational Officer, and subject to the approval of the Executive Committee. 6.01.6 Be an ex officio member of all committees and tioa'ras of the Squadron except the Nominating, Rules, and Auditing Committees. 6.01.7 Make recommendations for membership on USPS committees and for National and District officers and make reports to National and District officers as required by the policy and authority of USPS and the District. 6.01.8 Appoint, with the advice and approval of the Executive Committee, Delegates to the Conferences of the District and to the Annual and Special Meetings of USPS. 6.01.9 Turn over to his successor, at the expiration oT1iTs term of office, a complete set of all records, reports, communications, and documents pertaining to the affairs of the Squadron. Section 6.02 The Executive officer shall assist the Commander in the discharge of his duties and, in the Commander's temporary absence or incapacity, act in his place and stead. He shall be responsible to the Membership, the Executive Committee and the Commander for all committees under his supervision, generally those assigned to the Executive Department by the policy and authority of USPS. He shall be an ex officio member of all such committees. At the expiration of his term of office, he shall turn over to his successor a complete set of all records, reports, communications, and documents pertaining to the affairs of the Squadron. -3- MINNETONKA POWER SQUADRON BYLAWS Page 10 Section 6.03 The EDUCATIONAL OFFICER shall assist the Commander in the discharge of his duties and shall be the head of the Squadron's Educational Department. The Educational Officer shall perform such duties as are prescribed for this office by the policy and authority of USPS. At the expiration of his term of office he shall turn over to his successor a complete set of all records, reports, communications, and documents relating to the affairs of the Squadron. Section 6.04 The ADMINISTRATIVE OFFICER shall assist the Commander in the discharge of his duties and in the temporary absence or incapacity of the Executive Officer act in his place and stead. He shall succeed to the office of Executive Officer should a vacancy occur in that office other than by expiration of term of office. He shall be responsible to the Membership, the Executive Committee, and the Commander for all committees under his supervision, generally those assigned to the Administrative Department by the policy and authority of USPS. He shall be an ex officio member of all such committees. At the expiration of his term of office he shall turn over to his successor a complete set of all records, reports, communications, and documents relating to the affairs of the Squadron. Section 6.05 6.05.1 Bylaws. The SECRETARY shall Have custody of all corporate records and 6.05.2 Attest to written instruments when so directed by the Executive Committee. 6.05.3 Keep a record of all proceedings of the Squadron and of the Executive Committee, of the attendance at Executive Committee meetings, and of all matters of which a record may be deemed advisable, in books belonging to the Squadron, which records shall, at all reasonable times, be open to inspection by any Active Member of the Squadron. No detailed records relating to votes on invitations to membership shall be kept. 6.05.4 Keep an up-to-date record of all Members of TiieSquadron, including for each Member his name, address, telephone number-, certificate date and number, type of membership, rank, grade, Merit Marks, Senior -10- MINNETONKA POWER SQUADRON BYLAWS Page 11 Membership date, vessel data, and other pertinent information deemed advisable. 6.05.5 Keep, file, and preserve all documents, records, reports and official correspondence connected with the business of the Squadron. 6.05.6 Notify the Secretary of USPS of the names and addresses of Members elected to the Squadron of any change in membership or addresses of Members and of the election of officers. 6,05.7 Send the required notices of all Squadron aiia"rxecutive Committee meetings and all lists of candidates for office to be voted upon at any election. 6.05.8 Make a report at the Annual Meeting and at such other times as the Commander or the Executive Committee may request. 6.05.9 Perform such other appropriate duties as may oe'ii's'signed to him by the Commander of the Executive Committee or as may be required by the policy and authority of USPS. 6.05.10 At the expiration of his term of office, turn over to his successor a complete set of all records, books, reports, communications, and documents relating to the affairs of the Squadron. Section 6,06 The TREASURER shall 6.06.1 Hold, in the name of the Squadron, all monies received by him and belonging to the Squadron, including, but not limited to, dues, fees, educational charges, supplies, advertising income, and any funds turned over to him from meetings, dinners and other functions sponsored by the Squadron. 6.06.2 Pay all bills contracted by the Squadron wliicllshall first by approved by the Executive Committee, the head of a department, or by the chairman of a committee which has contracted the same by virtue of appropriations made by the Executive Committee or by the approved budget. -1 l- MINNETONKA POWER SQUADRON BYLAWS Page 12 6.06.3 Make reports at such times as the Commander or the Executive Committee may request of all his receipts and disbursements and the balance in the Squadron treasury. 6.06.4 Prepare an Annual Report as of the last day orTiie Squadron fiscal (business) year, and submit the same to the Auditing Committee, together with the books and records of his office, for examination. 6.06.5 Keep a true and complete record of all monies and property of the Squadron received by him, and the disposition made by him thereof; and keep such accounts and records as are appropriate and reasonably requested by the Executive Committee. 6.06.6 Unless sent to each Member by USPS, send to theTiist known address of each Member at such time as the policy and authority of USPS may direct, a bill for the Member's dues for the following USPS dues year. 6.06.7 Notify any Member whose dues for the· roTlowing USPS dues year have not been paid as provided by the policy and authority of USPS that his membership shall be automatically terminated without notice as of the last day of the USPS dues year for which his dues were paid. 6.06.8 Collect monies due USPS and the Squadron from tneMembers of the Squadron, for dues or otherwise; and promptly send USPS's portion to the Treasurer of USPS, reporting to him the names of all members of the Squadron in arrears according to the schedule set by the policy and authority of USPS. 6.06.9 Pay to the District of which the Squadron is a member the annual District assessment, if any, based on such membership statistics, at such time and in such manner as directed by the District. 6.06.10 Prepare and file, in a timely manner, all required Federal and State tax and information returns, following the recommendations and instructions from the National Treasurer of USPS. -12- MINNETONKA POWER SQUADRON BYLAWS Page 13 6.06.11 Perform such other appropriate duties incident to the office as are required by the policy and authority of USPS, or as the Commander or the Executive Committee may direct. 6.06.12 Turn over to his successor, at the expiration of his term of office, a complete set of all records, reports, communications, documents, monies, and things of whatsoever sort pertaining to his office and belonging to the Squadron. APPOINTED OFFICERS Section 6.07 The Commander may appoint a LAW OFFICER who should be an attorney at law, authorized to practice as such. He shall perform such legal duties as may be assigned to him by the Commander or by the Executive Committee which concern the affairs of the Squadron and its District and USPS affiliations. Section 6.08 The Commander may appoint a SHIP'S STORE OFFICER who shall have charge of the procurement and sale to qualified Members of Ensigns, insignia and other paraphernalia approved by USPS. The Ship's Store Officer shall be responsible to the Treasurer for all funds received from the sale of supplies. Section 6.09 The Commander may appoint a PROPERTY OFFICER who shall have responsibility for all of the Squadron·s property which is not procured for resale to members. EXECUTIVE COMMITTEE Section 6.10 The EXECUTIVE COMMITTEE, also known as "the Board of Directors" shal 6.10.1 Meet monthly or when convened by the Commander, and have general charge of the policy, management, and finances of the Squadron. It shall be vested with and have legal custody of all the property of the Squadron. It shall appropriate such sums as may be deemed advisable, within the limits of the resources of the Squadron, for the normal and usual operation of the Squadron, including Squadron, District, and USPS functions. 6.10.2 Issue invitations to Active Membership, r'aiiiIIy Membership, Apprenticeship, Associate Membership, and Honorary Membership. -13- MINNETONKA POWER SQUADRON BYLAWS Page 14 6.10.3 Carry on the normal business of the Squadron between meetings of the Membership. 6.10.4 Establish committees and appoint members thereto as may seem advisable in the best interests of the Squadron. 6.10.5 Consult with and advise the Commander regarding his appointment of Members to offices or committees provided for herein. 6.10.6 With the advice of the Treasurer, designate depositories in which the Squadron's funds shall be kept; and approve the budget for submission to the members. 6.10.7 Enforce the authority given to it under these Bylaws and take any action necessary to advance the best interests of the Squadron not inconsistent with the policy and authority of USPS. GENERAL COMMITTEES Section 6.11 The NOMINATING COMMITTEE shall be composed of six (6) active members. Three (3) shall be past Commanders and three (3) shall be non-past Commanders. Each shall serve a three (3) year term. To fill the vacancy(s) occasioned by resignation or the expiration of the term(s), one or more member(s) shall be nominated from the floor each year and elected at the annual meeting. Should a member resi~n from the committee or otherwise be unable to complete a three (3) year term, a majority of the committee may elect a replacement member to serve until the next general election. The temporary chairperson will be the most 1romed1ate oast co,~Mar,der availaole ur:~tl s~icn t1Me 35 ~ :er·~1ar,ent chairperson is elected. A member of this committee shall not be disqualified because of such membership for nomination as a candidate for election to the executive committee, but shall be ineligible for nomination and election to any of the elective offices under Article V, Section 5.03 through 5.08 inclusive -14- MINNETONKA POWER SQUADRON BYLAWS Page 15 of the Bylaws, or to serve a succeeding term on this committee. The committee shall select a candidate for each elective office provided herein to be balloted upon at the next annual meeting and shall submit its written report to the Secretary no later than 15 October of each year. Section 6.12 The RULES COMMITTEE shall be composed of six (6) active members. To fill the vacancy occasioned by the expiration of a term, two (2) members shall be nominated each year for a three (3) year term by the Nominating Committee and elected at the Annual Meeting. Should a member resign from the Committee or otherwise be unable to complete a three (3) year term, a majority of the Committee may elect a replacement member to serve until the next general election. This committee is the guardian of adherence to USPS's constitution and Bylaws, USPS policy, district Bylaws, and Squadron Bylaws. The committee shall keep up-to-date with the "Hodel Bylaws for Squadrons of USPS" and prepare recommendations as necessary to keep the Squadron's Bylaws consistent with the policy and authority of USPS. It shall prepare proposed wording for amendments as may be directed by the Executive Committee or by the membership. Section 6.13 The AUDITING COMMITTEE shall be composed of three (3) active members. To fill the vacancy occasioned by the expiration of a term, one member shall be nominated each year for a three (3) year term by the Nominating Committee and elected at the Annual Meeting. Should a member resign from .the committee or otherwise be unable to complete a three year term, a majority of the Committee may elect a replacement member to serve until the next general election. It shall examine all records of the Treasurer and conduct an audit annually as of a date fixed by the Executive Committee and report its findings to the membership at the next Annual or General Meeting. STANDING COMMITTEES Section 6.14 Certain Standing Committees shall report to the Executive Committee: 6.14.1 The STREATER COVE COMMITTEE is composed of Active Members sufficient in number to carry out its responsibilities. The Chairperson shall be appointed by the Commander, and is responsible for maintaining and protecting the Streater Cove Property including landi buildings, and equipment. The Committee shall annua ly -15- MINNETONKA POWER SQUADRON BYLAWS Page 16 review the Streater Cove Rules, and shall recommend changes to the Executive Committee. 6.14,2 The HOUSING COMMITTEE, composed of active members in number to suit the local conditions, shall be appointed by the Commander. This Committee assists the Commander in obtaining rooms and facilities for meetings, educational programs, and other squadron activities. 6.14.3 The PERSONNEL COMMITTEE, composed of active members in number to suit the local conditions, shall be appointed by the Commander. This Committee· maintains an inventory of the skills of each member so that these skills may be called on for staff positions, chairpersons, committee members, etc. 6.14.4 The INSURANCE COMMITTEE, composed of active members appointed by the Commander, shall investigate proper insurance coverage, and submit recommendations to the Executive Committee two months prior to the expiration date of the current policies. Section 6.15 Certain Standing Committees shall report to the Commander or their respective department heads as required or directed. 6.15.1 The MERIT MARK COMMITTEE shall be composed of active members sufficient in number to fulfill the responsibilities of the Committee, appointed annually by the Commander. It shall compile and correlate data to assist the Commander in Merit Mark recommendations. 6.15.2 The LOCAL BOARDS of the Educational Department shall be appointed by the Commander after consultation with the Educational Officer. They shall perform such duties as are outlined by the policy and authority of USPS and as may be directed by the Educational Officer and shall make such reports as may be requested by the Commander or by the Educational Officer. 6.15.3 Other COMMITTEES, not listed but shown under the cognizance of the officers of the Squadron, shall perform such duties as are usual for their particular -16- MINNETONKA POWER SQUADRON BYLAWS Page 17 operation and as may be directed by their department head and shall make such reports as are required by their operations. ARTICLE VII DUES AND ENTRANCE FEES Section 7.01 The annual dues of active, family, apprentice, and associate members shall be fixed by the Executive Committee for the ensuing year not later than 15 August of each year and shall be payable on or before 15 December. In the absence of such action, dues shall continue at the existing rates. Section 7.02 An entrance fee in an amount designated by the Executive Committee shall be required as a prerequisite to membership. Section 7.03 The entrance fee and annual dues of each invitee to membership shall be paid at the time of accepting the invitation. Section 7.04 Dues for new members elected from 1 January through 30 June shall be for the full year. The dues of those elected after this date up to and including 31 December shall be erorated on a monthly basis. The amount shall be one-twelfth {1/12) of the annual dues multiplied by the number of months or parts thereof remaining in the year. Section 7.05 Any member whose dues for the ensuing year have not been paid by 15 December of the current year, unless otherwise provided in the Bylaws of USPS, shall be so notified by the Treasurer and informed that: "Membership of any member whose annual dues are in arrears on 31 December shall, on that day, be automatically terminated as of the last day of the year for which the annual dues are paid." Section 7.06 A life member shall be exempt from the obligation to pay dues or fees to the Squadron. Section 7.07 Payment of squadron dues may be waived for cause by the Executive Committee, but nothing herein contained shall authot'ize the waiver of dues to U~P~ or the.6ist;ict assesroent. -17- MINNETONKA POWER SQUADRON BYLAWS Page 18 Section 7.08 No member or apprentice shall receive instruction or examination for any course unless in good standing and not in arrears for dues or other indebtedness. ARTICLE VIII RESIGNATION, TRANSFERS 1 AND REINSTATEMENTS Section 8.01 Resignations, transfers, and reinstatements shall be accomplised in accordance with the policy and authority of USPS. ARTICLE IX MEETINGS, NOTICES, AND QUORUMS Section 9.01 Regular business meeting of the Squadron shall be held in each of the months of January (Annual Meeting), March (change of watch), April, June, September, and November. The Executive Committee may designate other times and places for such regular business meetings upon proper notice. The Executive Committee shall meet as required by Article VI, Section 6.10.1 hereof. 9.01.1 If a holiday or other circumstance makes it impractical to hold any meeting as provided herein, the Executive Committee may waive such meeting or set another meeting date. The Membership shall be notified accordingly. Section 9.02 The Annual Meeting shall be held in the month of January at such time and place as the Executive Committee may designate, at which time an election of officers and elected members of committees, including the Chairmen therof, shall be held. Written notice of the Annual Meeting, containing a list of all Active Members nominated by the Nominating Committee for election to positions within the Squadron at the Annual Meeting, shall be sent to each Active Member by the Secretary, in such manner as determined by the Executive Committee, at least thirty (30) days prior to such meeting. 9.02.1 The Secretary shall provide a list of all nominees by petition and shall sive notice thereof to all Active Members at least ten (10) days prior to the date of the election. -18- MINNETONKA POWER SQUADRON BYLAWS Page 19 Section 9.03 Special meetings of the membership may be called at any reasonable time by the Commander or the Executive Committee at his or its discretion, and shall be called by the Secretary upon written request of ten (10) or more Active Members. Special meetings of the Executive Committee may be called by the Commander or upon written request by five (5) or more members of the Executive Committee. Section 9.04 Unless otherwise specified, notices of all regular and special meetings of the Squadron shall be mailed to the last known address of each Member entitled to receive notice at least twenty (20) days prior to regular meetings and at least ten (10) days prior to special meetings. Section 9.05 The inclusion of a "Notice of Meeting" in an official publication of the Squadron mailed the required time before such meeting will be deemed to comply with the foregoing provisions. Section 9.06 At any regular or special meeting, ten per cent (10%) of the Active Members, as determined by the records of the Squadron, shall constitute a quorum. Section 9.07 A quorum for the Executive Committee, or any committee of more than two persons, shall be a majority of its voting members. Section 9.08 be as follows: Voting at regular and special meetings shall 9.08.1 Each Active Member present and in good staiidTng in the Squadron shall have one vote on each question. 9.08.2 Voting shall be by voice unless a poll is demanded by an Active Member duly qualified to vote, in which event, votes shall be cast by a show of hands. Upon a motion supported by at least one-fifth (1/5) of the Active Members present and voting, a roll call vote shall be held. The Commander may require that voting be by secret ballot if circumstances warrant. 9.08.3 The presiding officer shall vote only when iie'ceiiiary to decide a tie. -13- MINNETONKA POWER SQUADRON BYLAWS Page 20 ARTICLE X Active ORDER OF BUSINESS AND RULES OF ORDER Section 10.01 Unless otherwise provided by the Members or by the presiding officer at the outset of the following order of business shall be observed at of the Membership and the Executive Committee: the meeting, all meetings 10.01.1 10.01.2 10.01.3 meeting. Invocation. Pledge of Allegiance. Approval of the minutes of the preceding Reports of Officers. Reports of Committees. Communications. Unfinished Business. 10.01.4 10.01.5 10.01.6 10.01. 7 10.01.8 10.01.9 10.01.10 Election of Officers (if any to be elected). New Business. Adjournment. Section 10.02 At the annual Meeting, if appropriate, but in any event no later than the first Membership meeting at least thirty (30) days but not more than sixty (60) days after the end of the Squadron fiscal year, appropriate actions shall be taken upon the report of the Auditing Committee before the annual report of the Treasurer shall be filed. Section 10.03 Orderly parliamentary procedure shall govern at all meetings. All questions of procedure not otherwise covered herein or by the policy and authority of USPS shall be determined in accordance with the most current edition of Robert's Rules of Order, Newly Revised. -20- MINNETONKA POWER SQUADRON BYLAWS Page 21 ARTICLE XI NOMINATIONS, ELECTIONS, AND VOTING Section 11.01 Candidates for office to be voted on at the Annual Meeting may be nominated by the Nominating Committee as herein provided for or by petition signed, by at least five (5) active members in good standing filed with the Secretary no later than 15 November each year. There shall be no nominations by any other method except as provided by Section 11.02. Section 11,02 If vacancies exist in the properly formulated slate of nominees at the time of the election, they shall be filled by nominations from the floor. Section 11.03 No person shall be eligible for nomination unless signifying a willingness to serve if elected. Section 11.04 The Secretary shall prepare a list of all nominees as candidates for election at the Annual Meeting, and give notice thereof to members by mailing same at least thirty {30) days before the date of the election. Section 11.05 following: Voting at the eletion shall be in the manner 11.05,1 Each active member shall have one vote for each office. Absentee, proxy, or cumulative votes shall not be permitted. 11.05.2 Election to an uncontested office may be effected on a supported motion and a unanimous ballot cast and recorded by the secretary. 11.05.3 Election to a contested office shall be effected by secret ballot, unsigned and cast in person. Such elections shall be determined by a judge of election and not less than three (3) tellers{ all of whom shall be appointed by the Commander. The ha lots shall be delivered to the Judge of Election, opened and inspected by the tellers, and the final results tabulated and announced to the members before the close of the meeting. 11,05.4 Polls shall remain open only for the first hour after the election is initiated as an order of business. -21- MINNETONKA POWER SQUADRON BYLAWS Page 22 Section 11.06 The Educational Officer and the Assistant Educational Officer, if any, are Officers of the USPS Educational Department, and shall be nominated by the Nominating Committee and elected by the Active Members of the Squadron only after their qualifications have been approved by the Director of Education or his designee. ARTICLE XII MISCELLANEOUS Section 12.01 Any person collecting monies for any activity of the Squadron shall be prepared at all times to make a full and complete accounting of the same to the Commander and to the Executive Committee. Section 12.02 No officer or Member shall contract any bills in the name of the Squadron unless previously authorized by the Executive Committee or by the approved budget. Section 12.03 When any account authorized by the Executive Committee or by the approved budget is closed, the excess funds therein shall be turned over to the Treasurer at once with a complete accounting. Section 12.04 No Member shall commercialize any USPS activity for his personal gain or renumeration, either directly or indirectly. Section 12.05 The fiscal (business) year of the Squadron shall be for twelve (12) consecutive months beginning on 1 December and ending on the last day of November. Section 12.06 All publications or notices of any nature issued by the Squadron shall have the prior approval of the Commander or Executive Committee before being sent to Members or to the public. ARTICLE XIII DISCIPLINE Section 13.01 Hatters of discipline shall be considered and handled in accordance with the policy and authority of USPS. -22- MINNETONKA POWER SQUADRON BYLAWS Page 23 ARTICLE XIV RULES AND REGULATIONS: INSIGNIA AND FLAGS Section 14.01 Flags, uniforms, insignia, and all other matters of etiquette shall conform to the policy and authority of USPS. ARTICLE XV SQUADRON PUBLICATION Section 15.01 The official publication of the Squadron shall be known as "TonkaNAUTS," ARTICLE XVI DISTRIBUTION OF ASSETS AFTER TERMINATION Section 16.01 No Member of the Squadron shall have, as an individual, any interest in or title to the assets of USPS, of any District, or of the Squadron; and such assets shall be devoted exclusively to the purposes of USPS, the District, and the Squadron, Section 16.02 In the event of dissolution and voluntary surrender or revocation of the Squadron's Charter, all assets then belonging to the Squadron shall be assigned to USPS or to an organization which qualifies for tax exemption (under Section 501(c)(3) of the Internal Revenue Code of 1954, as from time to time amended, and any rules and regulations promulgated thereunder; or such other Section of the Code by which USPS is exempt) as selected by the Executive Committee or other comparable body of the Squadron. If no such body exists or no selection is made, the assets of the Squadron shall be assigned to USPS. ARTICLE XVII AMENDMENTS Section 17.01 These Bylaws may be amended, or new Bylaws enacted, subject to the approval of the Governing Board of USPS or its designee, by a two-thirds (2/3) vote of the Active Members present and voting at any regular or special meeting of the Squadron, provided that a quorum is present at the time the vote is taken; M!Q (a) the proposed amendments or new Bylaws are -23- HINNETONKA POWER SQUADRON BYLAWS Page 24 stated in full in the notice of the meeting at which action is to be taken thereon; .2£ (b) an announcement of the proposed amendments or new Bylaws was given to each Hember and multiple copies of the old and the proposed Bylaws are made available to the Hembers for the"Information of the Hembers at least two ~2~ consecutive general membership meetings at at least twenty ( 0 days apart (the last such meeting may be the meeting at which the vote is taken). Section 17.02 When proposed amendments or new Bylaws are properly before any meeting for consideration, they may, before any final action is taken thereon, be changed or amended by a majority vote, provided that the change or amendment is germane to the subject of the amendment under consideration. Section 17.03 Amendments to these Bylaws, or new Bylaws, shall not become effective until approved by the USPS Governing Board, or its designee, and notice of such approval is provided to each Active Member in accordance with the policy and authority of USPS. Publication of such approval in the Squadron publication, duly issued and circulated, shall fulfill the above requirement Section 18.01 Seal. Section 19.01 9 January 1988. ARTICLE XVIII CORPORATE SEAL This corporation shall have no Corporate ARTICLE XIX EFFECTIVE DATE The effective date of these Bylaws shall be -24- BYLAWS OF MINNETONKA POWER SQUADRON A UNIT OF UNITED STATES POWER SQUADRONS ADOPTED 9 JANUARY 1988 EFFECTIVE 5 FEBRUARY 1988 The Rules Committee of Minnetonka Power Squadron. at the dit·ection of the EHecutive Comro1ttee dt·afted new Squadron Bylaws to ~~re closely conform to the USPS Model Bylaws. The bylaw draft was reviewed by the ENecutive Committee at their 13 October 1987 weet1no. Reauested charioes wer·e incot·oot·ated into redrafted bvlaws. The redrafted cooy was then submitted to the USPS Committee on Rules for an informal r·eview. The 1nf,~•rmal review was received fr,:.r.1 the USPS C,:,mr,1ittee on Rules 1n time to oermit oublicat1on of that redraft of the bylaws in the December 1988 TonkaNAUTS. The Notice of Annual Membershio Meetino to be held on 9 January 1988, also included 1n the December 1988 TonkaNAUTS, informed the Members that aooroval of bylaws was on the agenda for that meeting. The December 1988 TonkaNAUTS was rec ieved by Mer,,bers on or about 4 Decer,1ber 1988. The bvlaws were again r·eviewed by the Executive CoMmittee at their 8 December 1987 r11et ing. Sc,ri1e changes which were orir,1ari ly house~eeo1ng in natut·e were orooosed. At the 9 January 1988 Annual Meeting the changes proposed at the 8 DeceMber 1987 Executive Committee were presented as an arnendmer,t to the bylaws as p•.1blished. The bylaws were adooted as amended .. The bvlaws as adooted at the 9 January 1988 Annual Meeting wet·e r·es•Jbm1tted, with the r·equ1r·ed doc1Jr~entation, to the USPS Committee on Rules for final aopr·oval. The USPS Committee on Rules resoonded bv letter dated 13 January 1988 aoorov1ng the bvlaws adooted 9 January 1988. The Jetter of aporoval was oublished in the February 1988 issue of TonkaNAUTS to advise all Squadron Members of this aoproval. The February 1988 issue of TonkaNAUTS was received by Members on or about 5 February 1980. These Bylaws of the M1nneton~a Power Sauadron are effective from 5 Febr•Jary 1988, and fot·ward, until s•Jch time as they are ar11ended or new bylaws are er,acted 1r, accord with Article XVI I. -.~5- J he inJf"or~~~'lf. coMain:~d iH · thi,; it$~ oj tk>a imJf.,id~t ,.;, .t:niii.y ·i;Ji~,u or the employ~~ tified that you tJ,f'tt ...,...,,,~,." this facsimil.t messttgitf. tclephon!' t:l.nd rehu·,e, th~ f•'fi/J~g:d FAX NO. t..,r) " # 612} r:,n~· r\,tJ;qtJ!~,t~· /-i1,,t:.nt1 · :'lutt.: ~dU lsslon WITH THIS f~n~SMISSIUN HFP-1 S-1 g,::q 1 S: 05 CHLDE1J]TT, FCIPF'D 8 TRBER P.Ci2 4. 5, 6, ATTEST: --"',,.,,, ./> -h, tJ:rfh,;,-1' 7'7><>~"• ec; 7-,,. ... =n~•"'1---..._, . " • .,,,-, 1 • . ,j,~_..1 ,l> r_?b-" , ~ ,,._.:t, t»-"~ I ......... " ""'-f"r• ,;~. ~ -(/ . I . - Authorities grantej} by this resolution arc granted specifically 11) the Min..'letor-... ka Power SquadroIY'or any of its affiliated organizations. Any trnJ·u:fer of ownership of the propertishaH result in automatic expiration of thi.$ permit and the new owner Shan apply for a new conditional use permit if a day use rccrl"..arin~ area is proposed. Violation of or non-compliance with .my of the terms <1.nd condition:. of this rcsohnion shall constitute a violation of the Zoning Cc1de, shall automad<:ally termina.t~ any authority granted herein, and shall be punishable a:i. a mi'.';clemeanor. The undersigned representative of Mi.ru,etonka Powe:r S..:iuztdron h<!.s read, undentood and hereby agrees to the tenns of this resolution and en beha1 f o-f the Min.11.eton.L.:a Power Squadrnn, its successors and .assigns, hereby agrees to the recording of this resolution in the chain of title of the propcny Acio-pted by the Orn.uo City Council on thi5 1994r ./ -~~-----· ----- Durvthy 11~n1n 1 City Clerk Rt.:fYrt::±Cnlliti1le Po\ver TCITRL P.02 -------..---------- @ -?t7e' ~-- ·~~ -.. 510 Bt~ l!_ .AN ~ ~~..: -d' ~2-'1'"/ ----~-~ ~ 0 -..,, ------------ L~~~~~ s.f:O~N ;'--_____________ , ___ _s~.~! -I ZOO =f , SHe7,-rYi-. -----------------------,! ___ _.,.... _____ -O~ ~l.(I Ui41(~ S'i....-r1,...>N.... ~-----------i __ -~_8vu__J,.btN~Cs;'(_2.) ____ ...,_ __ D~~ '-- -JD S'~Ase.N~ ~~. a ~ -~ l!:_~ q~' J<_t-£_ -,'-',iidl/;U ~ ~ S~ Q~-- S~i¼? fif-1 LNLN~_ -/ ~x'i.1 ~el!:.__/N ~~j tJ~_@r::!C. __ 1 /06-~_ o.,..._ etZ:!I'~ (~~ ~, _____ :} {JJ ~ $14'PV1 C - ---~-----4)~ I~ Pr /t/2-' .Dez:::.zp w e-u..... ~ ~P-<-oP~ 'l)fl.<J,.,L..,~ LAJ /J~S-___________ _ -------------------------------· ---------------· pu · 1tJ - Jl):>tfl-- f ~-'r7f Pt,;--Rt-,) f:::> Cl/ f/"IY v-c /1,/t,,()G. ,=;lLJ;? ~ 7!)2-- lf\..,\_ I N f-..J ~N}GA_ fOWL~ S ©.{M--~Ql\.) f~?~ c,_~N~ ~£r ________ _ ------------© ·,z_z_r-_j_J7_✓-2.--~ / i _t)f)_O z.__ ------------ f'/\.l/\JN~Nµ fov-'1(5(2__~~ __________ - ½=> j~(¥'-J S', P~ol\) 1Sp !;;;_ss~ ~~ __ ____ }t1_Lf\-iN _~ 1/4'.A-)_/1.j_ N ~~ D~ -· 05 -_2:2 .. :::LQ::.-23._/_}j_[lDo/_ ____ _ ~NcsPlAJ ~1r--t~ k-~~~!D_tsryz,t_q ---------1 ----~! eox 2-JL{e_ ------'-------'--l I 0tAt~~,_, ~-Jr: __ 3_Sr __ ~~~~~~~~----'--_ -_--~-- ------------------ _ -~Z--Lr7 _ ... ~3 I~ 0001_ _ _ __ _ TRtST/IV c:>, ~~-__ _ __ ________ Lf s-b 7_w~_7 ~-h-_sr __________ _ _____ ,~P~S fL1tJ :SSY3~----------- }£i--~;~11-;, 2-~ -L3 OX)_s=_ G) 2--2--·/t)~?.,3 -3 ODD&> -· _ s_r,N _Dl ~~ ok) __ H1__,.?'/\J/'J ) _!;o, µ,~~itl'WC? 1~f'. r------~- -------.--L/5-1_ 1 W ~7S~~ __ vtr I gox 2/Jb ___ _ f-___ rvtPLS MrJ ~t/3>7 [lvtJ\fvt~ f?At/J fvtf\.)>53 9 - -e 22...,_ l l7-Z-.3 A.../"2__ ~002... --------------- $S'T7;...) Q, e@..tC/C:.to/\\ _________ ___JJ._~_,_7 __ ~__,c_=:__-~':.___ ____ --------'--____ , -@----2-,3 _,_ 112-z=s 2-3 m~----------------1 __ ___;____.,_..,._ M~A£-er s--~ ----r.--~o--=ox / 7r:o _ -------'-___________ _ exc,gi,s;tJ,e__ YvtrJ S"r..3~.s__,_/ __________ _ -~-2?[/IJ-~3 3-2-00/8 _CY _ _ Te'r.> IL, /.±IJIVN A /'-/LI£_ JL/\JOLLW~_J)lZ, ·$_, · ____ _ ____ fJ4_1-f}_F0eTC>f.Jr<A )11tv SS30S-_ -----~ 2--6 -/ 17 -2-s 3 -=----:C>=-=O~t.o~2:::=:.._ _____________ _ ----+-,---<..)01/N s' Ce;l.,LA f/tlJDc.-=c..Z.0~-- ____ 3 ___ ~_ '-JO J,i_ sr: ___ _ C.~W,...J W1 s:D_CD~------------- --------------- --_ ___;._ ___ _ ---------------------------- ----'------- ------ -----i ---1.--------- --· ------'--- :, :z: :::, n ' ' A ( I) .·· ·:· ·· ... ··. ·. :·· .. ·.·. : .. :-.. : •.•••• -~--o· ... ,' ' ... ~ ~~ ' ' ' 41 \ \ \ ~'~ .... ,:'"' ~\~ -\ \ \ \ \ ' 70t ' ' I ' ' IOt/ , , -; IH. l E•S ' ·15~ ,~ r, TlUCT C ( 6) 116. 5 EAST -=;•-·: , ,r ;~ .. I •••• ~,' : •'-' I .-9, ' -f;~' • ' ... "-~-.:J}--. . . . . . A ( 2) ·-... ···: : .. ·· ::-.. ( I) ... I 7 3l0. 76 9 ( 3) LOT 8 (;8) .·····. :····· .. .... ···•. .. . ._ CITY OF ORONO NOTICE The Planning Commission will hold public hearings in the Council Chambers at 2780 Kelley Parkway on Monday, April 18, 1994 on the matter of reviewing the following land use applications: 1. #792 Minnetonka Power Squadron at 510 Big Island requests a conditional use permit for a day use recreation area pursuant to Municipal Zoning Code Section 10.31, Subd. 3. 2. #1881 John Whitman of 1570 Sixth Avenue North seeks approval of a conditional use permit and variance application to allow the extension of a private driveway that would encroach a protected tributary. 3. #1912 Tim Hillman of 400 Leaf Street seeks approval of setback variances for proposed additions to the existing residence. 4. #1913 Greg J. Truchinski of 1580 Fox Street has applied for a conditional use permit to allow the installation of an independent tower and antenna structure at an approximate 75' height to be installed on the property located at 1580 Fox Street. 5. #1915 George Applebaum of 4109 Highwood Road seeks approval of a street and side setback variance to allow construction of a detached garage and a lakeside addition to the existing residence that will require no setback variances but both improvements will result in hardcover excesses within the 75-250' setback area. 6. #1916 Irwin Jacobs of 1700 Shoreline Drive proposes the installation of an accessory structure that will require a variance to the total area allowed for accessory structures on a residential property. 7. #1917 Frank and Martha Bennett of 315 Tonkawa Road have applied for a conditional use permit to allow the installation of a nonrental apartment within their residence. 8. #1918 James K. and Julie Ann Lynch/Daniels have applied for a renewal of a conditional use permit and variance application to install a private driveway to be located within a protected wetland. 9. #1919 Ty Bucey of 2677 Casco Point Road seeks approval of side and street setback variances to allow expansion of the roof line of the detached garage located within the street yard of the property. 10. #1920 Phillip Otto of 4116 Highwood Road has applied for a lot width, lot area and setback variances to allow the reconstruction of a residence on the property. The original residence structure was destroyed by fire. PLANNING COMMISSION MEETING-MONDAY APRIL 18, 1994, 7:00 P.M. 11. #1923 Annette Lesueur, Director _of Atelier Lesueur Institute has applied for a conditional use permit to allow a School of Fine Arts within the structure located at 2180 North Shore Drive. The structure has been used for educational purposes for art instruction for several years. The Atelier Lesueur Institute will provide art instruction to approximately 20-24 full time students. 12. #1924 Don Winter of 4620 North Arm Drive West seeks approval of an area variance · for an oversized accessory structure and a setback variance as structure will be located in street yard in front of the residence structure. All persons wishing to be heard will appear at this meeting. Written comments are solicited. Plans are available in the City Offices for review by appointment. City of Orono By: Planning Commission (2 '·. ~?S?iz/4;~ JFanne A. Mabusth ~o/ d . Building & Zoning Administrator · To be published the week of April 4, 1994. CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN ss. CITY OF ORONO I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #792, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 1st day of April, 1994. Jamie josma CITY N~riioNO . '·r · .--~:::f o:i~~;t ~:i::lie~-:of ~~·;e~~t if~ l The Planning Com.mission _will hold _conditional . use p11rmit ,. and yadance public·hearings in the ·Council Chambers at · J applicatici_n ·to·install a private dri'.'~-~,-:1.Y.. to __ bJ _ 2780 Kelley Parkway on Monday, April 18 , located w1 th1n a protec ted wetland . · · 1994 on the mi3ner of review ing the following · 9 #1919 Ty Bucey of 2677 Casco Point . land use applications : ., :_ · ·" , • . · . Road seeks approval of _side and street . 1. #792 Minnetonka Power Squadron at . setback var iances to allow expansion.-.of the ·i 510 Big Island requests a condihonal use ·:·roof line of the detached ga cage located'with in 1 perm it for a day use recreation area pursuant ·-the street yard of the property.,:'·'' 0 •· •. •.: .. •:: · , to Mun icipal Zon ing Code Section 10 .31 , ' · 10 : #1920 Ph ill ip Otto of 4116 f:lighwood Subd . 3. . . .. .·· Road _has apP,lied for a lot width ; lot area and · .· 2. #1881 John Whitman of 1570 Sixth · setback variances to allow the reconstruction Ave nue Nor th seeks approval of a conditional of •a res idence on the property. The original use permi t and variance appl ication to allow res idence structure was destroyed by fire . _ the extension of a private driveway tti at would 11 . #1923 Annette Lesueur, Director of encroach a protected lributliry. · • .~ ... , . Atelier LeSueur lnsi itute has applied _for a -;_ 3 . #1912 Tim Hillman of 400 Leaf Street cond itional use permit to allow a Sch_ool of 1 seeks approval of setback variances for 'Fine ·Arts within the structure located at 2180 ' · propos ed additions to the existing res idence . North Sho•e Drive . The struc ture has been . 4. #1913 Greg J . Truch inski ol 1580 Fox used for educational proposes for .· art Street has applied for a cond itional use perm it .. instru·ction for ·several years .-The Atel ie r · to allow the installation of an independent .Lesueur lnstitu !e will provide art instruction to tower and ·antenna ·structure at an approximately 20 -24 fu ll time students . approx imate 75 ' he ight to be installed on !he. •. "·' 12 . #1924 ()on Winter of 4620 North Arm property located at 1580 Fox Street. . . Drive :West se i ks approval of an .area , . ·:-5. #1915 .George· Applebaum of 4109 ... '. .. var iance for.an ,,.,ersize-1 accessory .structure · Highway-Road seeks approval of a str~t and ~::.:and -a se i back vari ance iis ·structure -will · be ' side· setbac~_.v~rianpe _1<>:_allow e:on ~tru~~Ofl of ;[.l':,loi:ated iri}\r.eet y,,rd i,:i front .of t_he resi9enc~J a ·oetached garage al'.ld . a _lakeside add1t1on to ~ structure-.1e:,;4.t:¾, :'s' F; ,,,._._ •2 •;;_;;., ,~:;;, ,,:.:P '.ii' 1 the ·.;e xist ing · residenci!'Jhat w ill require no ·{!-~•, .. ''All :pers oris~"wi sh ing . 10· be heard -'will setback var iances but pc1th imprqve_ments _will ."} appe·ar at th is meeting . Wrinen comments are res~lt in hardcover ~~;~,:se_s ~1~hm the 7~-w solicited.)'lans are av;;il3b!~j~,t~~f/J_Y;O~)_<:es j 250,, ~etback area .. -~"'='··.•,.:.,· ... , . · . _ ·(>s .,,.,for rev Ie)II by appoIntme !1 1.,~-... -·.,,~.,.._":;.. .•. ;.;,:: -~ I •,"6.#19 16lrwihJacobsof1700Shorehne :·'·.,,.,;.•--.,., •. -.c · '··-.---:r::,.,,r._ -.-:-~-'-'.,_;·', l?riii'e pr?poses:-~the __i nstallation of_ 'an ··•::City o·f Oro·no -o'. ;' ~.:-::;;~~::t::;•:;:,~~;; ., i accessory structure that will requ1re a vanance , By : Planning Comm1ss 1on , . ,.;. ,.;·, , . ;_ I . · to ,the total area allowed by ac;cessory •·· ..•. :,:. • .• ·. _ .. .i .... : _,· , ... • ::;~~:: .. ',, • . structures on a residential property. · . --< ·.: ·• ·. Jeanne A.-Mab_usth -_-:: .. ---~, ;~~ ·.i.'. /-•. :::'·;: ,;_ ·• .. , ,.,·_ 7 .. #1917 Frank and Martha Bennen of ~ ,Bu..!_l~ir!g_~-~ornng Adm1rnstrato~. _,,.:;, .. _,;:u •' . . 3 15 -Tonkawa Road have appl_1ed Jor __ a -~.------c· • . ,_ ,,.•.· .. ·. :,··.· · ,,: l conditional use permit to allow the _ installano!" '!.d Published in The La ker .~nd.__l:'Jo ~_ee r_ f'.P ~.I 4_, ~~on_~e~~a!_,~par_tment within their .,-1994) ...... , _..... ; • -, .... , . ,. c ·, -~- ;,-. Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided tiy Minnesota Statute 331A.02, 331A.07, and other applicable ' laws, as amended. I • BJ The printed ltud! UAp l qpf~fJJ,JO) ✓ which is attached was cut from the columns of said newspaper, and 1 s printed and published once each week for ___ successive weeks: It was first published Monday, the 'i ' day of '!?r/; 19Y.!f__ · , 17/i ~ ' ,,,/ and was thereafter pried and published every 1 Monday, to and including Monday, the. ___ dayof _______ 19 · &it~, Authorized Agent Subscribed and sworn to me on this By : 19 ~ fublic KRISTI HOLM NOTARY PUBLIC • MINNESOTA. HENNEPIN COUNTY . My commission expires 7-10-97 , Rate lotccmatton..-. , (1) Lowest classified rate paid by commercial users for comparable space: $10.96 per Inch. . (2) Maximum rate allowed by law for above matter: $10 .96. (3) Rate actually charged for above matter : $6 .16 per Inch. Each additional successive week: $4 .24. \ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4] 8 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, 1994 TO DECEMBER 31, 1994 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and Page 1 of 2 Form 5005 Disk Or: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 18 ~ WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5 .42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 25th day of April, 1994. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of April, 1994 by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC • MINNESOTA '-,; HENNEPIN COUNTY My commission expires S-12-96 Page 2 of 2 form 5005 Disk Oror CITY OF ORONO EXHIBIT A RESOLUTION NO.3 :4 1 8 CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot #5 (510 Big Island) Agent: Jean S. Peterson Address: 1758 Essex Road, Minnetonka, MN 55305 Licensee is: X unincorporated homeowner' s group incorporated homeowner' s association unincorporated club or recreation group incorporated club or recreation group other --------------- License Period -January 1, 1994 to December 31, 1994 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 Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Lower Lake 45 45 45 45 - Exhibit A Resolution No.3 4 1 8 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. None V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. • • • .. J ,. ' .. --,"'/ ·"'' ... -.. . . EXHIBIT B RESOLUTION. n::i 4 1 8 .. C:::::.:.... a:· ~ \...LJ I-w D: ::,..Z z l,.J '--l ::J z z: a w ~ 7.··=, .. /; . '"' ( -I -I -I -I 11:::,1 I led l -I -I c:>d f -I -I ..,,.. I _.. I ......;· I ~-\ "°' I -~- ....::r;:u .:r: ~ ---·--........ .. ; ,. .. •. . . 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