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HomeMy WebLinkAbout03-26-2001 Council PacketAGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 26, 2001, 7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (•) Asterisk items are considered to be routine items to be enacted upon by one motion oy the Ciry Council under the Consent Item* on the agenda. Memos regarding each of the Agerda items are available in the Publi. Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA I. Approve/Amend APPROVAL OF MINUTES • 2. Regular CouneJ Meeting of March 12, 2001 PARK COMMISSION COMMENTS - Shemkee Isle & Irene Silber, Representative PLANNING COMMISSION COMMENTS - Dan Kluth, Representative LMCD COMMENTS - Lili McMillan PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT • 3. NOI-2665 Y+A Architects on behalf of Glen and Marilyn C. Nelson, 500 Tonkawa Road - Variance - Resolution • 4. NO1-2666 Cmg & Jewel Vitas, 2800 Countryside Drive W. - Conditional Use Permit- Resolution • 5. Joint Use Dock Licenses MAYORICOUNCIL REPORT PUBLIC SERVICE DIRECTOR'S REPORT CITY ADMINISTRATOR'S REPORT 6, Long Lake Fire Station - Resolution 7. No Phosphorus Fertilizer - Resolution R. Park Commission Appointment 9. Planning Commission Reappointments 10. Child Abuse and Neglect Prevention Month - Resolution • IL League of Minnesota Cities Insurance Trust Billing Regarding Hoyt Litif ation F.Y.I. AGENDA FOR COUNCIL MEETING SET FOR MONDAY, MARCH 26, 2001, 7:00 P.M. ORONO COUNCIL CHAMBER, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ATTORNEY'S REPORT • 12. LICENSES Special Event • 13. BILLS UPCOMING ISSUES AND EVENTS i3It➢ 04/02 -Park Commission, 7:15 p.m. 04/09 -Council Meeting, 7:00 p.m. 04/16 -Planning Commission, 6:30 p.m. 0423 -Council Meeting, 7:00 p.m. 0425 -Board of Review, 7:00 p.m. PUBLIC ATTENDANCE MEETING DATE i ,1 �) COUNCIL ❑ PLANNING COMMISSION PLEASE FILLOUTTM INFOR.NATION REQUESTED ❑ PARK COMMISSION BELOW FOR OUR CITY RECORDS. ❑ OTHER PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER �L',�IQ��ILfAlti9/ l 00F.11MWA1NV f jVA to. u.urswwrw.wrwx� rtNwe naua.ert ORONO CITY COUNCIL MEETING MONDAV, MARCH 12, 2001-- MAA 2 6 200 ROLL (AIY Vr VMVNU The Council met on the above -mentioned date with the following members present: Mayor Barbara Peterson, Council Members Jim White, Jay Nygard, and Bob Sansevere. Representing staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Planning Director Michael Gatfror., Zoning Administrator Paul Weinberger, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Wintemheimer. Council Member Richard Flint was absent. Mayor Peterson called the meeting to order at 7:02 p.m. 1. Park Commission Interview Susan Moseley was interviewed for the Park Commission position. She stated she was interested in volunteering. She felt Orono is blessed with its parks, but many are virtually unknown. The parks need more promotion and a comprehensive plan should be developed for long range growth. Mayor Peterson asked her if she was familiar with the parks section of the Comprehensive Plan. She stated she was not. White asked how she felt about trail development. Moseley stated that trail access was critical to connect people and places within the community by a means that is safe and recreational. White asked her about the Highway 12 corridor. She stated she is aware that it eliminates some parks and feels that parkland should be replaced. Nygard asked what she sees as the role of the Park Commission in relation to the City Council. She stated the Park Commission represents a segment of the community and its job is to communicate between the community and the Council. Sansevere asked how she would promote the parks. Moseley stated she would encourage people to leave their neighborhoods by organizing and advertising events to draw people to the parks. Sansevere asked about her fundraising ideas. She stated she would work at the neighborhood level by involving people and letting them draw in friends. Sansevere asked if she gave priority to specific projects. She stated the railroad trail from Wayzata to Hutchinson was important to her, also she would like to see community enhancing projects such as an outdoor skating rink, soccer fields, and a gazebo. CONSENT AGENDA ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 2. Approve/Amend Items 6, 7, 10, 11, and 12 were added to the Consent Agenda. White moved, and Sansevere seconded, to approve the coastal agenda as amended. Vote: Ayr 4, Nays 0. APPROVAL OF MINUTES 'J. Regular Council Meeting of February 26, 2001 White moved, and Sansevere seconded, to approve the Minutes of the Regular Council Meeting of February 26, 2001. Vote: Ayes 4, Nays 0. PARK COMD.,SSION COMMENTS—PAULINE BOUCHARD, REPRESENTATIVE Bouchard stated that the Park Commission was approached by an Eagle Scout who volunteered his troop to construct benches at Antoine and Navarre Parks. The City would pay for the materials, but the Scouts would construct and anchor the benches, making sure they would be ADA compatible. The Commission discussed having the Scouts lead other troops or titian in the extensive plantirgs at Navarre Park as another community service project. Sledding at the golf course has been successful. The landscaping for Navarre Park was recently highlighted in the City's newsletter. The Commission was recently invited to meet with Senator Jeff Johnson at .he Capital this week. They would like to meet with him to raise concerns. They discussed pedestrian traffic around Navarre Park. Drew McDermott discussed the aesthetics of the Highway 12 corridor with regard to design materials and construction of berms. Gappa presented proposals for the Lorton and Carlson properties after the Highway 12 relocation is completed. Access to the Carlson property should be a city road so people don't have a problem gaining access to the park. The Commission also discussed the holding pond Mn/DOT proposed for the Carlson property. They feel the money received for Mn/DOT being able to build the pond should be put into a trust fund for future improvement to City parks and trails. The slide presentation of lake access points will he ready to present in April. White asked what troop the Scout was from. Bouchard stated it was the Long Lake troop. White suggested that if the Commission meets with Jc,TJohnson, they take a list of issues facing the City and use the opportunity to mention them to the senator. ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 PARK COMMISSION COMMENTS—PAULINE BOUCHARD, REPRESENTATIVE--C'onrinued Nygard asked about the cost of the benches. Gappa stated they would run about S400 each. PLANNING COMMISSION COMMENTS None. PUBLIC COMMENTS None. ZONING ADMINISTRATOR'S REPORT 4. #2640/2641 Orono Ambar, LLC, 2060 Wayzata Boulevard 1. General Concept Plan Approval —Resolution No. 4619 Michael Pahg of Great Lakes Management Company was present representing Mr. Dunbar. Weinberger stated that the appliu . reduced the size of the retaining wall to about 75 feet long with an average height of about 2 feet. The primary change in the plans was to scpamte the outgoing traffic from the incoming traffic and parking lot area in front of the senior build'og. They angled the parking and made the traffic lane one way to reduce the width of the lot. The service road was made one way and exit only. The City's traffic engineer requested the following additional items: • Restriping for a right turn lane and acceleration lane on Highway 12 • A 14 foot width for each lane of traffic on the service drives • A 90 degree access to the underground parking to improve site limes • "One way - do not enter" signs at the west end of the parking area and east end of the service road, and stop signs at intersections within the service drive area • Snow storage areas. Weinberger stated that there would be more screening in front of the office building's underground parking access. Some day the service road may connect to Brimha!I Avenue. He stated the current resolution does not approve rezoning at this time, but does list the rationale behind approving the rezoning when the final site plan approval is given. Staff recommended approval of the resolution. ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 4. 0264012641 Orono Ambar, LLC, 2060 Wayzata Boulevard I. General Concept Plan Approval —Resolution No. 4619—Con1inued Sansevere thanked the applicant for addressing the City's concerns. Barrett suggested that on page 12 of the resolution, item 5, the word "granted" should be changed to "considered" in: Such approvals shall only be considered when the City Council finds that... While moved, and Sansevere seconded, to adopt Resolution No. 4610 mended, approving the General Concept Plan for development of a 62 unit L .t g for senior housing use and 23,000 s.f. general office building on property to • ed at 2060 Wayzata Boulevard. Vote: Ayes 4, Nays 0. 2. Fees Gap}on stated that the Council had considered deferring certain up -front charges and development fees for the Dunbar senior housing project in exchange for guarantees that the use of the site and building would remain as senior housing for as long as possible. The deferred amounts plus interest would have to be paid back to the City if the use becomes other than senior housing Gaf on suggested that total park fees for the senior housing wou:d be S192,200. with $31,000 paid up -front, and S161,200 deferred. The total sewer and water connection charge would P. deferred at an amount of S40,838. Barrett stated that Gaffron was lookir. c for conceptual approval and his report would still have to be reduced to contractual term:. Mayor Peterson questioned the 20 year affordable rental rates. Moorse explained that the affordable rental rates would be in place for 20 years (the TIF period), but the property would have to be maintained as senior housing for 40 years (the life of the HUD bond guaranl� e). Mayor Peterson asked about Mr. Dunbar's position in regards to the deferral. Gaffron stated he was in favor of the deferral. Barrett suggested Council grant conceptual approval for the proposal subject to the final agreement. White moved, and Sansevere seconded, to grant conceptual approval to the Sewer and Water Connection Charges and Park Fees. Vote: Ayes 4, Nays 0. ORONO CITY COUNCIL MFETING MONDAY, MARCH 12, 2001 5. 401-2661 Thomas and Ingrid Anderson, 3550 North Shore Drive —Variances — Resolution No. 46" Sansevere stated he would have piaccd item 5 on the Consent Agenda, but for one question. lie asked if the change in the side setback from 10 feet to 9.5 feet was a misprint. Weinberger stated that the Resolution does require a 10 foot setback. The applicant stated that the 9.5 foot setback was a misprint and was changed to 10 feet, but the surveyor must have delivered the wrong drawing. Sansevere moved, and Nygard seconded, to adopt Resolution No. 4618 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision I6(L)(2) to permit 4,551 s.E (41 %) hardcover in the 75 — 250' Lakeshore setback where 4,687 s.f. (42%) currently exists and 2,775 s.f. (25%) is allowed; and Section 10.56, Subdivision 16(C)(6) and Section 10.22, Subdivision I(B) to permit an encroachment into the avenge lakeshore setback on the north side of the house to construct a new fence exceeding 3 % feet in height. Vote; Ayes 4, Nays 0. •6. 02656 Surface Water Management Plan —Update The Mayor/Council and Public Service Director's Reports appear after item 9. 9. Coffee Channel Snowmobile Access Moorse stated that the property owners at 1998 snit 2000 Shadywocd Road were concerned with the number of snowmobiles using the lake access between their houses. Since the ice through Coffee Channel became unsafe, use of the lake access has increased dramatically. Chief of Police Stephany Good stated that the main issues facing the homeowners were noise, safely, quality of life, and continued use and ownership of the propeniev. The issue facing the snowmobiling population was sale access between the bays. The public safety issues were the safety of snowmobilers, and safety and noise concerns regarding the homeowners. She slated that the Coffee Channel Adorn fracas over and some snowmobilers try to skip water to cross the channel, and sheriffs deputies pull about 10 snowmobiles out of the channel each year. Chief Good suggested several solutions. ])The City could post signs saying that the access is for emergency use only, which would likely cause more snowmobiler• attempt crossing the channel, or it would divert traffic to other access points to .,w north and south of the access in question. Signs that restrict use could draw attention to the fact that the access is a City road and result in mom use of the access point year round. The police find it difficult to enforce snowmobile regulations because they do not have a chase vehicle. She stated snowmobile use is restricted between the hours of 11:00 p.m. ORONO CITV COUNCIL MEETING MONDAV, MARCH 12, 2001 9. Coffee Channel Snowmobile Access--C'onfinued and 7:00 a.m. The police could attempt to more aggressively enforce the restriction. 2) Post use restrictions limiting use to between 8:00 a.m. and 6:00 p.m., which could also divert traffic and fleeing vehicles could easily escape. 3) Block or close the lake access to all snowmobile traffic, which could also divert traffic. 4) Continue to allow snowmobile use on the lane, which would not address the neighbors' concems. 5) Seek a long-term solution to snowmobile use through coordinated efforts of the LMCD, public safety organizations, and snowmobile organizations. 6) Vacate City ownership and control of the access road, which would go against the current City Communi:y Management Plan and an existing Supreme Court ruling. 7) Outlaw use of snowmobiles in Orono except for marked trails, which would create a great deal of dialogue among snowmobile users. Chief Good also stated the Fire Department uses lake access roads when necessary to use lake water in fire fighting. Sergeant Brad Erickson of the water patrol stated they would like to we the access road kept open for snowmobile use to prevent them from using Coffee Channel. He suggested regulating use with signs and enforcement. Sansevere asked about bridging through the channel. Chief Good stated it is possible to construct a floating bridge, but she did not know how or at what cost. She stated she could only outline the issues and guarantee the police would enforce whatever regulations the Council proposes. Sansevere asked if the City would be responsible for the cost of a bridge. Moorse stated the LMCD would be responsible, since it would be on water. McDermott stated that the LMCD considered a bridge a few years ago and was not in favor of it because of having to install and remove it each season. Nygard stated that local snowmobile clubs would probably be happy to take care of the bridge. Steve Soltau, son of the Soltaus at 1998 Shadywood Road, stated that snowmobilers crossing County 19 are also at risk of being injured because of blind spots in the road. He plows the access road and leaves a small snow bank at the end of the lane as a sort of speed bump, but it does not help reduce speeds through there. Council discussed the legality of crossing a road on a snowmobile. Chief Good stated that recreational vehicles may cross a road at a 90 degree angle. It is not legal to drive on the right-of-way on a country road, but snowmobiles may ride in the ditch. Sansevere proposed making the access road a reduced speed zone or closing it as a short- term solution. White stated he was concerned with children playing new the lane. The Sultans and Kirchners stated they are concerned with being hit by snowmobiles when in their yard, ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 9. Coffee Channel Snowmobile Access- Candiaued and are concerned with hitting a snowmobile with their cars when entering or exiting their driveways because they cannot see snowmobiles traveling through there. Council discussed gating the road, but feared snowmobilers would be hurt by running into it. Chief Good stated that closing the road would displace traffic to other access points and was not a long-term solution. Gappa suggested closing the road and blocking it with large, orange, reflective barricades that ore well -lit. Mayor Peterson asked the members of the press to announce the closing, and Moorse stated the City would issue a press release to inform snowmobilers of the closing. Sansevere moved, and White seconded, to adopt a resolution authorizing staff to immediately close the lake access road to all traffic except emergency vehicles, and to barricade it with highly visible materials and lights. Vote: Ayes 4, Nays 0. Z KATI]AX1111aillI10:7xZt7;yI None. PUBLIC SERVICE DIRECTOR'S REPORT ,7. Orono Orchard Sanitary .fewer Project Change Order HI White moved, and Sansevere seconded, In approve Change Order Number 1, Orono Orc:rards Sanitary Sewer project in the amount of $50,678.50 to Widmer, Inc. for installation of the Hamm Sanitary Sewer service. Vote: Ayes 4, Nays 0. S. No Parking Zone on County Road SI East of Noereaberg Bridge ­Resolution No. 4622 Gappa stated that the Council recently approved the installation of "No Parking Vehicles with Trailers, Tow Away Zone" signs for the area east of Noerenberg Bridge because of safety concems. A resolution was sent to Hennepin County for approval. They felt the resolution was discriminatory and stated the City should have open parking or no parking. The County may be wiling to reconsider their position if more detailed findings of traffic safety concerns are included in the Council resolution. Staff revised the original resolution to include detailed safety concerns. The resolution requests signs on both sides of County Road 51 from the Noerenberg Bridge to 1,500 feet east of the County Road ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 8. No Parking -Loire on County Road 51 East ofNoerenberg Bridge —Resolution No. 4622—Continued 5'/County Road 84 intersection, and on both sides cf County Road 84 from the same imersection to 1,500 feel north of the intersection. Nygard suggested that car -trailer traffic be directed to the Lake Minnetonka Regional Park lot when other parking is full. Mayor Peterson asked if Orono meets the trailer parking requirements according to the LMCD. Moorse stated Orono does meet the LMCD requirements. Mayor Peterson suggested encouraging people to contact other cities and asking them to improve their parking situations. Sansevere asked Chief Good if she had a recommendation on the matter. She stated she has not yet spent a summer in Orono as police chief, but the police would enforce whatever the Council decided. Gappa stated that if Ilennepm County agrees to the new resolution, they hope to hay. signs up before boating season opens. Sansevere suggested that for the first few weeks after the parking restriction is applied, violators he given a warning. White moved, and Sansevere seconded, to adopt Resolution No. 4621 relating to parking restrictions on County Road 51 and County Road 84. Vcte: Ayes 4, Nays 0. C11 V ADMINISTRATOR'S REPORT •10. Amend Annual Appointments —Resolution No. 4621 White moved, and Sansevere seconded, to adopt Resolution No. 46 .l amending selected appointments for the year 2001. Vote: Ayes 4, Nays 0. "11. Schedule TIF Hearing —Resolution No. 4623 White moved, and Sansevere seconded, to adopt Resolution No. 4623 calling for a Public Hearing on the proposed establishment of Development District No. 1 and Tax Increment Financing District No. 1-1. Vote: Ayes 4, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2091 '12. 2001 Insurance Award and Resolution to Not Waive the Statutory Tort Limits for Insurance Purposes —Resolution No. 4620 White moved, and Sansevere seconded, to award the 2001 insurance package effective January 1, 2001 to the League of Minnesota Cities Insurance Trust for the worker compensation coverage, 549,778; for the comprehensive municipal property and casualh. package, $87,410; for the umbrella excess liability, $18,903; for the petrofund reimbursement, $246; for the open meeting law, $821; for the boiler and machinery, $1,530; for the surety bonds, $923; and for the golf course liquor liability, $617. Vote: Ayes 4, Nays 0. White moved, and Sansevere seconded, to adopt Resolution No. 4620 making a selection to not waive the statutory tort limits for liability insurance purposes. Vote: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT None. •13. LICENSES White moved, and Sansevere seconded, to approve the following licenses. Vote: Ayes 4, Nays 0. RESIDENTIAL KENNEL LICENSE David, Ilcidi and Woody Hust 45 Smith Avenue "Iris Struble Klohn 4455 North Shore Drive SPECIAL EVENT PERMIT Applicant: Clyde Gates Event: Foot Race Location: Wayzata Central Middle School to Luce lin: and approximately 4 '/r miles out Date: April 14. 2001 1 imc. 8:30 a.m. 10:30 a.m. ORONO CITY COUNCIL MEETING MONDAY, MARCH 12, 2001 SPECIAL EVENT PERMIT -Continued 2. Applicant: Rick and Gail Luzaich Event: Bar-B-Q and Picnic Location: 2490 Old Reach Road Date: June 16, 2001 Time: 1:00 P.M. — 10:00 P.M. SET -DP LICENSE Dan Scherven Navarre Lanes, Inc. 3435 Shoreline Drive •17. BILLS White moved, and Samevere seconded, to approve payment of the All Funds Account. Vote: Ayes 4, Nays 0. Fire Station Presentation Gabriel Jabbour and Jim Murphy presented information about the fire station to the Council. They met with Long Lake officials on Sunday. Jabbour stated that the fire station committee has an appropriate site. selected with zero condemnation, at a moderate price, and agreement from Mn/DOT for around $3.5 million for the construction of the fire station. He stated if Long Lake and Orono couldn't agree on the station's size and cost, all of the work to date could Frove useless. He recommended to Council that the station should be bui:t as proposed to prevent an argument. He stated that ownership is a major issue for Long Lake. He felt Orono and Long Lake should own the station jointly. Murphy stated that the Long Lake Council felt Orono way adamant about the maximum cost of the station. He stated he called Sunday's meeting -. , j because he wanted to keep the dialogue open. The deal with Mn/DOT on replacement cost should be completed before more work is done. The cities should come together on the Mn/DOT payment of around $2.5 million. Mn/DOT would like to finish the project, and the cries are losing interest on the money by not having an agreement in place that enables Mn/DOT to release the money. 10 ORONO CITY COUNCIL MEETING MONDAV, FEBRUARY 12, 2001 Fire Station Presentation —Continued Jabbour stated that Long Lake believes the many belongs solely to them and Orono should have no ownership of the site, and the Long Lake attorney agrees with them. The ownership issue should be dealt with before the Mn/DGT money issue is settled Nygard and Sansevere stated they found it difficult to approve the plans when they were not presented with any altemativer to consider, or any evidence that the proposed plan was the best option available. Jabbour sued he regretted that Flint was not present for the discussion. He stated the options available to the Council were to 1) let t ong Lake build the station as they sec fit, 2) to give them the $680,000 they requested but state the station is not to exceed that amount, and 3) to get a commitment that Orono would be a partner in making sure the plans do not exceed the agreed to amounts. He did not feel that Long Lake should own the station when it would be in Orono. Mayor Peterson stated that she, the mayor of Long Lake, and several staff members would be meeting with a third party consultant about tM fire station. She stated that the issues of ownership and the waiver were topmost priorities. Jabbour suggested passing a resolution stating the Council would endorse the cost discussed at the joint meeting, would work on the ownership issue with Long Lake, and would not allow a building in Orono that Orono does not own in pan. White and Eensevere expressed they took issue with being asked to accept a 25% budget increase and make a decision on the spot without knowing if that was truly the best option. Sansevere stated he supported the work Gabriel Jabbour and Mike Bash were doing as the Cities' representatives. Jabbour asked if he could report to the fire chief that Orono would consider the higher proposed cost. The Council agreed they were willing to negotiate. He stated the cities should 1) agree to the proposed building up to 20,000+ s.f, 2) agree on P cost cap and agree to spend less money if possible, 3) agree to joint ownership, 4) agree to work together on the design of the station. P : tell stated that the Mn/DOT money should be put in escrow and unless all three parties agree on its use, the money cannot be spent. Moorse stated that the wit cap of $680,000 would be subject to an ownership agreement being made. I le suggested that any money not spent -n the station from the cities' contribution to the total cost be put in a fund for the future purchase of equipment. ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 12, 2001 Fire Station Presentation —Continued Nygard mot ed, and Mayor Peterson seconded, to direct staff to draft a resolution stating that Orono would agree to the proposed building up to 20,091 s.f. and a budget that is not to exceed a cost to the cities of $680,000 subject to all parties involved agreeing on an acceptable joint ownership between the cities, and Orono will be involved in the design of the station, also, any money saved from the cities' expenditure should be put into a fund for the purchase of equipment in the future. Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 10:00 p.m. ATTEST: Linda S. Vee, City Clerk Barbara Peterson, Mayor 12 TO: Mayor Peterson and Council Members FROM: Ron Moorse, City Administrator 'U �/%I MAR 2 6 2000 DATE: March 23, 2001 CI I + �r �nvwu SUBJECT: LMCD Report Materials Thu attached Lake Minnetonka Boat Use Study materials were provided by Lili McMillan. Lili will discuss the materials as part of her LMCD report at the March 26 council meeting. )Ooo LA46 HlwN ie_i oN+-A &Ar v�'E STUDY` Executive Surnmary Over the past two decades, figurrs on Lake Minnetonka boating use have been developed as a result of conducting aerial or ground surveys. In the summer of 2000, a total of 20 Rights were scheduled to count the number of boats using Lake Minnetonka. The flights were conducted to determine boat density and distribution on the lake. Ground interviews and riparian owner mailings were also conducted to determine user perceptions and attitudes regarding lake facilities and boating activity. The average weekend boat use was 1,223. Average weekend density was approximately 11 acres per boat. Average weekday use was 430 boats, and the average density was approximately 32 acres per boat. The highest boat use recorded in 20 )0 was 1,907 on Saturday, July 8. Weather conditions for the day were 87 degrees and cic skies. The lowest recorded boat use was 179 on Wednesday, August 30 . Weather conditions for the day were 79 degrees an,'. cloudy. Attitudes and perceptions of lake users were determined using surveys and mailings. Lake users were divided into three categories: Public Access, Marinas and Homeowners. Three different surveys were prepared, a survey for the public access users, a survey for marina users, and a mail survey for the homeowners. Survey questions were designed to be comparable to the surveys of the other boater types. A total of 237 public access surveys, 266 marina surveys and 297 homeowner surveys were collected and analyzed. Copies of the questionnaires are included in Appendix 1 and the results of the sur.ey s ar� precenled in Appendix 2. 2000 Summar} of Lake Activities and Sources Total Boats Counted: 16,073 Average boats per weekend Bight from May 29 through September 4: 1,223 Average boats per weekday Bi^ht: 430 Minimum boats observed: 179 on August 30 Maximum number of boats observed: 1,907 on July 8 Most Heavily utilized lake area (as a percent of total weekend activity) was !,ower North Lake, on average accounting for 28.08% of boating activity. Least Heavily utilized lake area (as a percent of total weekend activity) was Libbs Lake, on average accounting for 0.09% of boating activity Public accesses (trailers and car toppers) on the average weekend sourced 25.04% of boats on the water. Marinas and Yacht Club slips on the average weekend sourced 23.04% of boats on the water. The remaining 51.92% was contributed by riparian docks, municipal docks, undesignated accesses not monitored and the accumulation of errors for all categories. 297 Home owner survevs were received and properly completed 237 Public necros surveys were received and properly completed 256 Marina handout surveys were received and properly completed e I I ; 1 I 1 1 1 1 LJ L J L J I_i LJ LJ L -J I t_I I II I� ' I L— A 2000 Daily Total Boats and Average 200:: 1800 1600 1400 1200 9 a 1000 m 800 600 400 200 0 ' ° ifYJJ s' 'V r� rib ,'Jy IVy( J ow Total Daily Boats t Daily Average Boats ■NO Wd�e 2000 Activities in Aggregate OT.anmem pSk. ■P.m .l 7% 2% fi% nswneowu 7 Wake 37% ■Re1ta. a2 ~n w 30 4 4 B i5 9 V� 11 6 5 6 1 6 2 t] 3 11 t0 13 10 IS 15 4 23 1 16 6 19 13 9 13 8 13 9 14 27 16 23 22 41 21 40 46 19 38 n 14 33 12 42 6 7 30 13 50 38 85 ' `18. 111 99 8 80 56 10 30 9 63 4 2 5 8 3 16 7 20 14 4 15 5 3 11 a a t 17 16 7 24 8 39 23 28 H 4 37 22 4 8 6 14 4 < 21 19 69 15 42 7 53 45 12 35 26 8 42 11 29 6 8 6 5 fa 3 22 3 17 23 6 19 1 1 3 1 15 0 34 6 1 2 8 7 3 12 6 4 14 5 2 8 4 2 1 14 13 7 17 12 28 15 16 28 11 20 10 6 14 7 12 4 69 39 136 17 7 26 5 4 3 6 4 8 8 7 8 25 7 21 3 6 4 11 12 18 13 8 15 a 1 14 14 7 21 4 a 9 3 0 3 6 15 5 3 3 2 4 3 12 0 0 2 51 12 8 a 25 39 9 19 32 9 19 5 4 11 8 19 1 22 13 2 11 11 23 16 22 26 12 13 9 5 16 a 20 1 11 21 7 16 12 32 7 35 33 3 40 10 10 t6 4 9 6 70 U 1 17 19 25 5 14 27 3 20 6 3 7 6 10 3 1. 56 45 68 66 49 46 79 60 5a 61 46 12 54 53 32 '.2 9 35 13 t2 14 28 10 27 36 15 22 t8 5 19 6 16 5 26 60 43 •5 15 10 36 •2 35 12 55 35 20 5 48 31 59 34 14 6 35 21 35 15 5 4 34 13 15 3 35 22 6 1 14 9 6 9 10 32 5 27 22 7 15 16 4 16 9 16 4 55 19 0 44 33 108 16 lu 86 17 66 37 10 47 i4 7N 4 t8 21 19 22 23 37 12 40 51 15 34 13 8 18 27 21 3 - 48 1 2 2 0 3 6 4 6 3 9 2 6 21 10 12 7 3 1 4 8 5 6 2 1 t 5 1 2 10 4 1 21 28 17 17 14 22 11 n 35 6 20 18 4 17 1 21 2 32 100 28 23 32 60 -29 68 53 21 70 39 22 42 25 45 4 t9 5 8 1 9 9 ♦ +8 16 5 3 6 1 6 0 5 t 4 2 3 0 1 1 1 1 2 1 1 1 1 1 0 1 0 4 9 11 3 6 0 2 5 7 1 6 7 6 t tt 14 6 0 19 11 12 2 35 28 3 0 9 8 17 3 27 17 14 5 35 21 5 0 5 8 13 1 21 22 6 2 28 9 5 0 3 10 2 13 17 3 0 5 3 16 1 37 17 3 0 0 1 62 68 70 M 41 28 65 42 36 46 69 29 53 u 29 3a 24 7 11 12 15 37 7 34 19 14 15 6 6 18 5 13 3 6 0 a 6 1 12 3 4 5 ] 2 9 0 10 2 1 0 5 20 25 14 6 27 15 26 27 6 22 20 7 16 3 6 2 19 3 3 11 10 16 2 25 20 4 26 12 2 4 2 8 0 11 25 11 35 43 47 17 76 52 23 15 47 17 41 29 5 4 32 56 0 75 160 562 139 140 195 152 139 169 a 81 46 a 16 0 61 16 173 86 0 46 491 258 62 434 73 46 166 33 293 14 H ww 1 4 F l --• - it i •\ pE asro F lew G 20w H '00 noo J ea City of Orono, Minnesota. Street Numbering Index Map !_tl ■ n a. RaaM rt qnu r, Orn AGENDA FOR COUNCIL MEETING SET FOR NIONIIAlt. MARCH 26.2001, 9;00 P.M. ORONO C DI;NC IL CILUIBERS, 2780 KELLEY PAR KU A1'. ORONO. MINNESOTA (•) Assensk hems me considered to be,.mine imms to br enacted upon by one motion by the City Council under the Coosens Isom• en tFe.gcMa hlemos repading rah ofthc Agrnda imms ae zsmlable m de Public Packet - IucamJ an the. evmmr iota the s,Fn in then ROLL CALL Cni n...n s.crTMCa CONSENTr.,� nm�.e MAR 2 6 2000 APPROVAL OF MI.NC' FES GI I r , Vmll1Y V ® ?. Regula Council Vleeee� of ]larch 12. 2001 PARK CONIMISSION COSINF.NTS - Sherakce Isle S Irrtm Silber. Itepmxamsiso PLANNING I ONI>DSSION CONINIENTS. Dmt KIuIF. Peluesenlo, LSdCDCONI VLNTS lih :%lillan PUBLIC COMMENTS -(LImil5 )Houses Per Penon) %ONINC. ADMINISTRATOR'S REPORT ' 1 r01466t l'-A Amh:ers on hehalfoffrlen andhlanhn C Nelson. 5W Tonkugo Rood Variance - F.cAuuon •A o01 d666 Greg daavel%.11, 2869 C'ouotnnde DnreW- ConJmotml 11. I'c.Tnn-Resolmmn • c loot I'sr Ihuk I.ttenxs SIAYORK OI'N('It. REPORT PUBLIC ST'.ICI'ICI.. DIRECTOR'S REPORT CITY ADMINISTRATOR'S REPORT 6 Long 1. ake Fire Smuon - Resalmmn ] No PhnsphDrus Fentluer Rnolunnn 8 Park Cnmmtssu•n APP`�mmrns 9 PItu mne Comnntio.n deapryimtttenss 10 Child Abuse and Ncgtca Prcsemion Slunth Resolution • 11 League DI Alinnrstna ( •.o Insurance Ira. Bdbng Regard,., II.,t Logaton F Y I CITY ATTORNEYS REPORT C IICF`SF.S 11 BILLS UPCOMING ISSUES AND EVENTS Im W 02. Park Ibmmnaon. ] 15 p m W 09 . ('Donal Vleeung. ] Opt p m W'I6 Plamtmg l'nmmt»mn.610 pm 04 21.(banal SI jn,-De pm 01 25 . N,mJ Df Rn ma. ] 0 •; to Cn..........ecTn`1G _J Application Dale: 2/20/01 MAR 2 6 2000 Completion Date: 2120101 Cl I Y try uh,"U 60 Day Deadline: 4121/01 REQUEST FOR COUNCIL ACTION Department Approval: DATE: 321 01 Name wends Bottenberg ITEM NO.: Title Zoning Adminstrator'Planner Agenda Section: Zoning Item Description: 001-2665 Y • A Architects for Glen Marilyn Nelson 550 Tonkasra Road Variance Zoning District: I.R-1 B One Eamik Lakeshore Residential District (I acre) Lol Area: 164.546 s f 13.77 acres) List of F.vhiblts: A Resolution B Staff Repon and Exhibits of 3/192001 Application Summon: The applicants are proposing to construct an addition to the north side of the residence. The proposed addition is approximately 1600 square feet. It will include a basement, two stories plus an attic. The basement level will be used as a storage area. The first stop level will contain garage stalls. The garage stalls will be at the same elevation of the luck under garages that currently exist on the residence. The main level (second story) will consist of living space with a master bedroom/master bath/closet suite. This will b- a continuation of the main floor of the existing house. The attic will be used for additional storage space. A small portion of the existing residence and approximately bull of the new addition is located lakew'ard of the average Lakeshore setback line as drawn between the two adjacent residences. A hardcover variance Is not required for the addition which lies in the '50-500' setback zone. Even though the proposed hanko5 cr in the 250-500' setback zone is 25,586 s.f (34.1%) over the allowed 22.314 s.f. (300,6). the applicant has not used all of the 13.573 s.f. (25%) in the 75-250' setback zone, i he City does allow credit for unused hardcover allotment to he transferred to zones further from the t64e. This is referred to as transfer of hardcover allotments from zone to zone. Therefore, a hardcover variance in the 250-500' setback zone is not required. L. Section 1022. Subd. I(Bf and Section 10.56. Subd 16(CH(t): Average Lakeshore: The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. To permit a variance to encroach 20'into the average lakeshore setback. PLANNING COMMISSION: 'I he Planning Commission recommended by a 5 to 0 vote to. Approve the applic..tion as presented. STAFF RECOMMENDATION: To approve the enclosed resolution COUNCIL AC'I ION REQUESTED: To adopt or amend the enclosed resolution. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) AND SECTION 10.56, SUBDIVISION 16 (C)(6), FILE NO.2665 WHEREAS, Glert D. Nelson and Marilyn C Nelson, husband and wife, (hereinafter "the applicants") are the owners of the property located at 500 Tonkawa Road within the City of Orono (hereinafter "the City') and legally described as follows: Tracts B and D. Registered Land Survey No. 1305, Hennepin County, Minnesota. (hereinafter "the property"), and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision I (B) and Section 10.56, Subdivision 16 (C)(6) to permit a residential addition to encroach 20 feet into the average lakeshore setback. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 19, 2001, at which time all persons desirit,g to be heard concerning this application were gi ven the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File k205. The property is located in the LR-1 B Zoning District, where I acre is the minimum required lot area. The property consists of approximately 164,546 s.f. or 3.77 acres. The Orono Planning Commission reviewed this application on March 19, 2001 and recommended approval of the proposed variance based upon the following findings: A. The property has been developed with a residential use since at least 1970. Page I of 5 B. Struclural lot coverage is not an issue with the property consisting of over 3 acres. C. The average lakeshore setback is justified by the conclusion that existing views of the lake enjoyed by ne ghboring property owners will not be encroached upon by the addition. D. The hardcover in the 250.500' setback zone will decrease from 27,112 sT (36.4%) to 25,586 s.f. (34.3%) but over the allowed 22,314 s.f. (309/6). Not all the hardcover it.. the 75-250' setback zone is being used and the credit is being transferred to the 250-500' setback zone 4. The City Council finds that the conditions existing on this property are per Aim to it and do not apply generally to other property in this zoning district; that granting the variance will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrati:o hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and inew of the Zoning Cade and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports ay City Staff. comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the kcmmunity. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision I (B) and Section 10.56, Subdivision 16 (C)(6) to allow a residential addition to encroach 20 feel into the average lakeshore setback. Approval is subject to the following conditions: Council approval is based on the site plan subminee by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page 2 of 5 resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Authorities granted by this variance run with the property trot with the applicants. but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 26, 2002). Violation of or noncompliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall aatomatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a rn Meeting held on the 26th day of March, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner (a) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26C. day of March. 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Page i of 5 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2001, before me a Notary Public within and for said County, personally appeared known to me to bethe 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 , 2001, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 5 Exhibit A ]� �N ESO KP s �.PKE P sNges �� -- Page So(5 -- TO: Chair Hawn and Orono Planning Commission Members Ron Moorse, City Administrator FROM: Wendy Bottenberg, Zoning Administrator/Planner DATE: March 15.2001 SUBJECT: #01.2665 Y i A Architects lb. Glen and Marilyn Nelson 500 Tonkawa Road Variance-- Public Hearing Zoning District: LR-IB One Family Lakeshore Residential District (I acre) Lot Area: 164,546 s.f. (3.77 acre) List of Exhibits A Analysis Worksheet B Anplication C Site Plan/Survey (Existing and Proposed) D ElevationstFloor Plans E Average Lakeshore Setback Survey F Hardship/Description Attachment G Zone Hierarchy Sheet H Hardcover Calculations I Photos of Property J Location Map K Property Map L Permit Record M Property Owner's List Pertinent Code Section: I. Section 10.22. Subd. 1(B) and Section 10.56, Subd. 16 (C)(6): Avenge Lakeshore: The average lakeshore setback line shall he a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. To permit a variance to encroach 29 into the average lakeshore setback. Application Summary: The applicants are proposing to construct an addition to the north side of the residence. The proposed addition is approximately 1600 square feel. It will include a basement, two stories plus an attic. The basement level will be used as a storage area. The first story level will contain garage stalls. The garage stalls will be at the same elevation of the tuck under garages that currently exist on the residence. The main level (second story) will consist of living space with a master bedroom/master bath/closet suite. This will be a continuation of the main Boor of the existing house. The attic will be used for additional storage space. A small portion of the existing residence and approximately half of the new addition is located lakeward of the average lakeshore setback line as drawn between the two adjacent residences. (Exhibit E). 001-266J Y • A Archaects fw Glen and Marlyn Nelson 500 rnnkawa Rood Vanance 3115,2001 Page l The adjacent residence to the north is on higher ground, and may currently enjoy minimal views over the existing residence, which may be reduced by the second story addition. However, the main views of the lake for that house are to the east and are not affected. Existing mature vegetation and the change in grade already act to limit the neighbors' views hence A is unlikely that average lakeshore setback is a significant issue for this property. No neighbors have indicated a problem to staff as of this writing. A hardcover variance is not required for the addition which lies in the 250-500' setback zone. Even though the proposed hardcover in the 250-50V setback zone is 25,586 F f. (34.3%) over the allowed 22,314 sT (30%), the applicant has not used all of the 13,573 s.f. (25%) in the 75-259 setback zone. The City does allow credit for unused hardcover allotment to be transferred to zones further from the lake. This is referred to as transfer of hardcover allotments from zone to zone. (See Exhibit G). Therefore, a hardcover variance in the 250-500' setback zone is not required. This lot is a lakeshore lot and is sewered. The sewer line is located on the lakeside of the residence and is not an issue with this appliceiion. (See Exhibit E), This property has made improvements since 1970. A variance was granted in 1986 for construction of a non -rental guest apartment that is attached to the residence. Another variance and conditional use permit were granted in 1986 for average lakeshore setback to construct a gazebo, tennis court and associated fences. The conditional use permit was for grading work and retaining walls constructed customary to tennis court construction (in excess of 100 cubic yards). Statement of Hardship: The applicants have included their statement of hardship in Exhibit F. The applicants should also be asked for their testimony regarding this issue. Issues for Consideration: 1. Are any neighbors' views of the lake negatively impacted by construction of the second story. 2. The residence was built in the early 1970's in its present location, prior to cwrem zoning ordinances but generally in compliance with all current codes. 3. Structural lot coverage is not an issue with the property consisting of over 3 acres. 4. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the requested variance for average lakeshore setback. MO1-1665 r - A Archneea for Glen and Marlyn Nelson 500 T.OA a Road r'armn" 3iS ?001 Pax, 2 ANALYSIS WORKSHEE'I LotArea: LR-I B Lot Area Required 43,560s.f (I acre) Actual 164.546 s.f. (3.777 acre) Hardcover Calculations: Distance from Total area in Allowed Existing Proposed shoreline setback hardcover hardcover hardcover 0-75' 22,409 s.f. 0 s.f. 25 s.f. 0 s.f. (00/6) (0.11%) (0%) Reduction 75-250' 54,293 s.f 13.573 s.f. 6.774 s.f. 6,774 s.f. (25%) (12.47%) (12.47%) No Change 250-500' 74,379 sf.. 22.314 s.f. 27.112 s.f. 25.586 s.f. (300/6) (36.4%) (343%) Reduction 500-1000' 11.518 s.f. 4.031 s.f. 1.516 s.f. 1.326 s.f. (35%) (13.16%) (11.5%) Reduction Structural Coverage: " T Total Lot Size Total So a-lural Coverage 164,546 s. (. (3.777 acres) Structural coverage is limited to 15% for lots of 0-1.99 acre in total area. Applica8pa a o% _w26aS Date Received -]a, d/ Amount Paid 3 n o CITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $250.00 ($50.00 per each additional variance) Renewal Variance Fee $150.00 (no change from original application) Variance for non -conforming structures $250.00 After -the -Fact Fees (Double application fee) PROPERTY INFORMATION Site Address 500 Tonkawa Road Property identification Number (P.I.D.) os-117-23 32 nnn3 Attach legal description to application if not included on required survey. Date Property Acquiredjlecemher 31. 197n (month/year) I (do) (do not) also own the adjacent parcels of land. (see attached sheet AI ) Present use of property: _residential _other (specify) Zoning District: LRIB (for 500 Tonkawa Road f rom Ci,t y of Or,n, ) APPLICANT Phone (home)(612) 827-0119 Name Todd Hansen. Y4A Arehit,,t,,r, Phone (work) (612) 371 -9195 Address: 240 North Ninth Avenue City: Minneapolis Zip: 55401 OWNER (if different than applicant) Phone (homek952) 473-0333 Name Dr. Glen and Marilyn C, Nelson Phone (work)( 763) 505-3144 Address: 500 Tonkawa Road City: or..., Zip: 5535a DESCRIPTION OF REQUEST Estimated Construction Cost $ 600, 000.00 Describe request in detail: To allow addition to north side of 500 Tonkawa Road residence (see attached sheet 02) _ (attach additional sheets if necessary) VARIANCES REQUIRED Lot Area _ Lot Width X Hardcover _Lot Coverage Setback: _ Front _ Side _ Rear Y Average Lakeshore Other (specify) HARDSHIPMESCRIPTION OF UNUSUAL PROPERTY CONDITIONS Describe undue hardship or practical difficulty or unusual property conditions preventing compliance with Zoning Code requirements: Please see attached sheet /2 (attach additional sheets if necessary) REQUIRED SUBMITTALS All of the following Information must be submitted by the application deadline date in order for your application to be considered completce 1.Completed Appl`-:pion Form 2. 7 Certified Property Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Gov[ Center, 348-5910). 3. Certificate of Survey (signed by a licensed surveyor) and include ha•dcover calculations as required. In addition, provide one (1) copy 8%," x II" for reproduction. 4. ✓ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy V/2' x I for reproduction. 5. ✓ Sketches or plans of floor & elevation views (provide one (1) copy 8K" x I ). 6. ✓ List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 7. _✓ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. _ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been Included, APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is correct to he best of his/her knowledge. Applicant's Signature 6���__i Date 2 20 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purpose i stigation d verification of this request. Owners Signature Dme 2 � O/ Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. - A Proposed AdMu j 100 sl feet RM 0 Zone 4.11.511 sf. 500,4000' store stank / L 3 7fX MrtI[om glmWt 17.I%punent ka." -. $ei IbNled We npoMb ' SW brIIIIA N nn of Ir1enb W.11111 lake. f > A!Y'X. S i rar PUOW • ReleT Lee I.11, 15110. No 861.16% pb� C t�ewwr n hu 2.54aes n. IS' -in' pore se14c0 SS%Na diem aNnwnMa 12.5%cwrew konscomper c tw swan n. N!1'dM'elNn SNIP iA.4%c sewarcm 11.1x crrM Nancmr S Zm 1 .22,101 a. u7s'sure sentiment 0% Noilcnsr aMnIN 0%cwm hvdcwen cx is� 11�q Z Ia. ionel.U,171 n. Zmt=SI.M it. Wtwws. itl.Mlnw7.117 excess cover protest 111100.7411.1%pnent 6,173a.I1.11%0rewnn M.Zones l /7N if inner Slawame 1,703 it clay tennis sewn 1,7730. Inn 7 700M hs" waawaer etc. 71,1108t.0wn S I,S10n.h I 15,4W. LW Nan cnew 01.75 %ww Nwkm hrTMT�M1�Na-EAItTINOCIN11T11� __-- —_--- PttMwNMn�atra�n '�' Idp 2.f1.t11 p. (, �• � •t\r !Ix 14r1owrdlp\11r lur/uwr Ob d�; Ckmw�W N1Miy�l .. Lp 1.712n p. IW.W aw.ldacw 7r�Ylif10 p" dlwWe r A.7%h- I I.1"IIp. Zm3.ld,771p. dM7.11,7Np. 7w1 d-u%r.ow 2211/d.38%www 17573 p.n%pMl MMMd.11.5%1rp" ZMN p. 14.1%Ir"sM 1.771 p. 17.47% Irdutl iwp/1711p1 INNerd ITlll/pl (NO CMK. ft"U") r' r:w l .n./M A Ias• dwN wlwpi 1%wrdr A w @ I w Clwpl Mlp -IUAIdr1.177i 1d .1\p l 6.775d - Ir 1 251Nd. iw 1 1mg.Lrd 3111d - Tdd MA prM 11.1%Md' ', fRldKw b I.l$%I Wdco"r CAICllstim t/T SGG ToRkm. PI0►WO WAGES I .... Paving ko*w IL [w1+11,SI1 N. SW-IM wore named SSX panic~ ww.w �, ILSX hNee,l lrrewN-;,..— "i•� ;r . . eo .. � �.'. .:". , •ate-.�;� ,��;»�. ,ram ItI .poem j Na-L-56� Oor--r+i WWI '��LHEM6A - iil•-11 22Do1 (1 tIe FTN E4M�TW WEST EL V-T,O� µix ,Av Nnf I �F TNMI �cTv v� A.e Ta Tw`s DFnw,M4 6 W� FL+f eo AC Av &l VATIGN ISCv'LJf O. NELs,fJ �yTW "e--�tJEME okhA YZ/,s/a; -- -- -- Y L� IP\ f �lL10p1 I�eFTN WINa - SLNiMe 14. / / NE jON No, n4 WwN An0 f1 CQIC�- _�4� len 11 e�� ki 1 j r � j N / .`r T�•y` .• / ILI I jr aH ,yL i J n i �LSON WeJ — S6HG me — StGT, ON -' CERTi ATE OF $WWV FOR CM OR MOPE s SIC. 9 _ Y-A Architecture r r-r Date February 21. 2001 Page 202 Project Nelson North King Addition The Owner also has a history of managing this property in ways which minimize erosion and surface ranoff and has taken previous measures to reduce runoff to Stubb's Bay including: Building a clay tennis court with raised wood paths, which allow for more percolation of rain water than typical construction, Elimination of Doer ION sf of plastic lined, rock filled planting beds that formerly line the drive way in the 500-1000' zone, and Planting in excess of 100 large trees after the big storm a couple years ago. We would appreciate if you would be able to take this history of positive engagement with this property into consideration as well as you consider granting this variance. bl Avenge Adjacent Structure Lakeshore Setback The proposed project would extend approximately 20' beyond a straight line drawn between the point closet to the lake of the two adjacent houses. Moving this addition further to the west to avoid crossing this line would create an undue practical difficulty in several ways. Access to the existing lower level garage and eutomurt would be eliminated, and mine significantly, the drive down from the circle would need to be moved to the west as well, necessitating major excavation and retaining walls which would add to rather than reduce the hardcover for the project. Our understanding of this Zoning ordinance is that is meant to preserve the borrowed view to the lake across adjacent properties without having a neighbors house block any significant portion of this borrowed view. In this case we believe that no views over.-: nl property are compromised by this proposed Variance. For the house to the soub. of 500 Tonkawa, the orientation and location of this house places the proposed addition wall to the fear of any likely views to the lake For the house to the north of 500 Tonkawa. the orientation one again places the proposed addition only at the extreme periphery of the view and the other factor is that there is mature landscaping and a significant grade change between this house and the proposed addition, which prevent a clear view across this area of 500 Tonkawa property already. Lastly, the size of all 3 of these properties would appear to make the exact location of the adjacent houses significantly less important than wmdd be the use with lots with narrower lots. 210 had, 91h Aw,w Mnnopwl9. Ile 5e101 YI 612 all VIM to 612 371 91" whin Woommew. wwnwdrw N-A AroAHeeture r/ Bats February 21, 2001 ProEect Nelson North Wing Addition Page 1 of 2 VARIANCE APPLICATION ADDITIONAL SHEETS #2- I. Description of Request a) We respectfully request that a Variance be granted in the Hardcover Ordinance in the Setback Zone between 250'-500' feet from the shoreline of Stubb's Bay. The existing Hardcover is 36.4 % in the zone allowing 30% and we are proposing to reduce the hardcover to a total of 34.3% in order to be able to be allowed to exchange 1600 square feet of surface hardcover for building footprint. b) We also respectfully request a Variance in the Average Lakeshore Adjacent Structure Setback. The proposed structure extends at one point approximately 20 feet past the line between furthest points of adjacent properties. Hardship70escrlption of Unusual Property conditions a) Hardcover: This property was originally developed in 1970. Because of the narrowness of the lot relative to its length. once the current Hardcover Ordinance was adopted in 1975, the properly has ended up being 6.4%over the allowable 30% hardcover in the zone between 250'.500' from lakeshom. The property is well under the allowable %hardcwer in the 2 adjacent zones (approximately 12.5%). This misting non conforming condition currently prevents the Owner from adding to his house as proposed. The Owner proposes to reduce the total hardcover an the property to from 36.4% 34.3% in order to be able to exchange an area of misting surface hardcwer equal to the footprint of the proposed building. While still being over the currently allowable 30%, the property would be significantly improved in total hardcover area. Another factor which significantly affects the surface runoff in the 250'-500' zone on this property is the fad that over 7000 sf of hardcover in this zone do not drain toward the shoreline of Stubb's Bay but rather drain to the southwest into a wetland which is partially owned by the Owner. I See blue dashed line on hardcover calculation sheet). We understand that the hardcover ordinance is written to control total development as well as control surface runoff. but we believe that the fact that a large area of hardcover does not drain into Stubb's Bay should be taken into consideration. If the Hardcover is calculated for this zone with only the areas which flow towards Stubb's Bay included, the percentage hard cover wonA be only 27%. 3% under the allowable 30%. M :w NoM fro hwnw 11nMalNis, YN Sdapl bl eta all 111111 to a2 311 91% maI mhewamxh= ww,-Mmh." B. Zone Hierarchy: Zone -to -Zone Credit Transfer 1. The transfer ofhardcover allotments from zone tozoneincreases the complexity of administration but is often appropriate under specific circumstances: a. The City has generally allowed credit for unused hardcover allotment to be transferred to zones f uthe from the lake. For instance, a property that would normally be allotted, say, 5000 st of hardcover in the 75-250' zone but is only using 3000 s.f in that zone, can credit the remaining 2000 st for use in the 250.500' zone. Conceivably, the 250-500' zone could then have more than its 30% allotment, but would not need a variance. A record of this transfer must be kept so that it will be noted for the future that the 75-250' zone hardcover can no longer be increased to its 25% limit. b. Unused hardcover cannot be transferred to a zone closer to the lake. c. Excessive hardcover should'oe (but perhaps in practice is not always) debited against the allotment for the next zone farther from the lake. For instance, if the 75'-250' zone has 1000 s.f. more hardcover than its allotment and the 250'-500' zone would normally be allotted 5000 s.f., then the 250'-500' zone should be allowed no more than 4000 s.f. of hardcover. EXAMPLE 1. An existing house is mostly in the 0-75' zone, but its 75-250' zone has only 15%hardcover. Should the property owner be allowed to increase hardcover in the 75-150' zone to the 15% limit? No. That would make the property even less conforming. Variance required. EXAMPLE 2. Same scenario as Example 1. Should the property owner be allowed to increase 75-230' hardcover (without a variance) only up to a level equal to his 25% allotment minus the existing non -conforming square footage in the JL75 ? Usually not. The property is in violation already, and any increases should be considered in the context of a variance request - htch provides the opportunity for possible ,cnrovsls or mitigations. EXAMPLE 3. Hardcover in the 0-75' and 75.259 zones is �:onfomring, but the 250.509 zone is very small and already has much more than its 30% allormert. Should a permit be issued for work in the 75-150' zone that doesn't result in 75- 150' excesses? Perhaps... if he 250-500' excesses include only 'reasonable' items such as a standard width driveway or sidewalk... C 2. Proper administration of the hardcover'zones' concept relies on the premise that hardcover zones are not mutually exclusive but must always be considered together. It is not reasonable to allow the 75-250' zone to increase to its 25% limit when there is hardcover in the 0-75' zone, or when a pan of its allotment has been transferred to the 250- 500' zone. 3. The code does not currently address whether hardcover excesses in one zone should preclude work in other zones that do not have excesses. The above guidelines and policies allow staff to determine when a hardcover variance should be required. HARDCOVECULATION WORKSHEET SETBACK ZONE: (CDICLE ONE) 0.75' 75-250' 250-500' XXISTM . HARDCOVER IN ZONE A. Have - x = IsneN WIAN x = x = x = B. Garotte x L t C. Driveway x x = D. Sidewalk x -: x e 7 E. PatlNDeeic x x = •.. F. Landscape = xUnderlain ?. x By Plastic x G. OWer x TOTAL HARDCOVER M ZONE - - TOTAL PROPERTY AREA IN ZONE - A 2.S + B 22,409 x 100 - A + B x 100 - PROPOSED HARDCOVER IN ZONE A. Hoare x = txna0 WiCN x = x x = B. Garotte x = C. Driveway x x = D. Sidewalk x = x = E. Patiot1kck x _ x F. Landsupe x = Underlain x By Plasic x = G. Odier x TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE A O - B 22/Y09 _ x 100 = 500.1000, O S.F. S.F. _ S.F. S.F. O S.F. O S.F. _ S.F. 25 S.F. QQ S.F. n S.F. S.F. O S.F. S.F. S.F. S.F. �L S S.F. A 22. 409 S.F. B X O S.F. S.F. S.F. S.F. O S.F. O S.F. S.F. O S.F. ��PLpVCEp) S.F. O S.F. S.F. O S.F. S.F. S.F. S.F. _ O _ S.F. A 22/4'c°' S.F. D O _% 12 SETBACK ZONE: (CIRCLE ONE) 0-75 75-250 2500.5 EXISTING HARDCOVER House IN 7.ONZONEA. lsn B. Garage C. Driveway D. Sidewalk E. Pallo/Deck F. LaadscW Underlain By PlasticPlasticG. Odw TrAw1 TOTAL TOTAL A A A �7 PROPOSED A. HARDCO Hatsse B. Game C. Driveway D. Sidewalk E. Patio/Deck F. Ldscape Underlain By Plastic G. Other TBN TOTAL TOTAL A HARDCOVER CALCULATI WORKSHEET a0. 500-1000- S.F. aN sram = S.F. _ = S.F. _ S.F. • i� _ —_ 0 S.F. S.F. x e S.F. x O S.F. x _ S.F. x x O is S.F. p = S.F. x O S.F. x - S.F. x S.F. Sca✓R-7 x -17o5 S.F.O HARDCOVER IN ZONE - 4,77 H S.F. A PROPERTY AREA ISY N ZONE Sf,Zj5 S.F. B 7H B 213 z I00 - i2. /7 % - B z 100 - % VRR IN ZONE x - 0 S.F. tsnpa wrote - S.F. S.F. x S.F. S.F. S.F. - S.F. O S.F. - S.F. x 206`1 S.F.0Z S.F. x U S.F. x _ S.F. S.F. N/S !es/ST x 9�705 S.F. HARDCOVER IN ZONE - �77N _ S.F. A PROPERTY AREA IN ZONE - c�2ePS S.F. B 6� �y B nag x 100 /r.47 % rNO 4AMIJ46) 4t 12 HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250-500' S00-1000' a'Fs<'a7N - HARDCOVER IN ZONE A. Hotuc :dAIN 4100SB x = 57,z S.F. txa0h WOO�tip POOL�GeA1HCvyE x = _S.F.Oj x = S.F. x S.F. 1' B. Garage x -�' _ _ S9Q S.F.1 1 C. D vewaY x _ a S.F.® S.F. D. Sidewalk x _ S.F. _ x = 1590 S.F. IO E. Patio/Dak IOVTAof POa� Off-VA0016 _ _ S.F. 1a' N oo�cFeenrxHoUSt 4 l2 S.F.0 1IC PA1N6 Sr'�Barlo.N of SMtT l 30$ F. Landscape x a S.F. Underlain x S.F. ' By Plastic x = S.F. G. Other TeAM f eol1KT x PAINS A7'7_~ //SCeVAT SY9 / TOTAL HARDCOVER IN ZONE - 27. t l9 S.F. A TOTAL PROPERTY AREA IN ZONE - ty S79 S.F. B A 2i,J I?_ w B 25�S79 x 100 A + B x 100 PROPOSED A. Hose HARDCOVER IN ZONE MAtA)R&KF x S713 S.F. &Q& tecwl< x w�au = 7y4 S.F. II x PRoPOSSDAPD?tON x S.F. 1i 600 S.F.® PMPo5i0 B. Garage (S9¢-ISY=`/9Yui NH4 s.F.®Zsavicep C. Driveway �, lls'1:-$Yi 10g8-x141-QO-/PC-/7x/-f34� _ S,I&PALt/CFO x - S.F.//////,,������ssss D. Sidewalk x - 7�8 S.Fm x = / S90 S.F. O E. Patio/Den SO✓M W Oas.49ew4/016 1,Sf3 S.F.Q_ AAWN Oa S 1 2- S.F© VtPAT4s ( 607r6 � eF/A[.f � / 305- 4 V Landscape x _ _ e S.F. Underlain x S.F. By Plastic x S.F.�r G. Other x = /10_ S.F /( -�ALV TOTAL HARDCOVER IN ZONE - 2S S46 TOTAL PROPERTY AREA IN ZONE - -S.F. 74� S7q S.F. B A 2� S46 B 7q�g x 100 - a4. z % WA III SF 140 75SF 14e, 1965F' 19 0 150 SF 14 E 79 5F 14 H 16C sF II .- 130< <12 140 $S SF IYF SSYSF IYZ 405F/ 14 T 6l 3 HARDCOVER CALCULATION WORKSHEE SETBACK ZONE: (CIRCLE ONE) 0-75' 75-250' 250.500 EXISTING A. HARDCOVER IN ZONE x- House IMN w�dm x —_ x x B. Garage x C. Driveway x _ _ - •� x - D. Sidewalk x x E. Patio/Deck - _ x .....-._- . F. Landscape x o Underlain x By Plastic r.� G. Other AC. vNrix, x ' TOTAL HARDCOVER IN ZONE - .,- ` TOTAL PROPERTY AREA IN ZONE - 00 A 1 - B x 00 - PROPOSED A. House ARDCOVER IN ZONE x - sa14tn width x - x x - B. Garage x - (/439^94^92x=12445F� C. Driveway - x - D. Sidewalk x - x - E. Patio/Deck x- x = F. Landscape x- Undedain x By Plastic x - c. Other A c. VArt7-<. x - TOTAL HARDCOVER IN ZONE - TOTAL PROPERTY AREA IN ZONE - A J. 'S 2"L - B // S/ x 100 - T 500-1000' �� s S.F. S.F. S.F. S.F. S.F. S.F. C1 S.F. S.F. S.F. S.F. _ S.F. S.F. _ S.F. -77 _ S.F. O /5'/E1 S.F. A 11,57V S.F. B O S.F. S.F. S.F. S.F. O S.F. I Z 0-7 S.F. © /uowE{ S.F. l > S.F. S.F. 5... (� S.F. S.F. S.F. 1 -7 S.F.0 /326 S.F. A 11/SIR S.F. B .1.t % 12 X ( IOnYj, 1L--4�cC•.C� lit r CA Is T Nf i T4 YAl h e EILEER fT ; "jai. r IS f 3 w ��'o i•, !p SOMERJSET ► [OIIE� W SEENrin 1 W . s W a • • , � r`T. V u:oo s I {aT of NO .. ...G .o.. too a; 1C Sr►ibbs ;_; a�a s EEY ° s fox 9T o FOX w LA�; a 4Nff RO ,R o 4 °° I ,,; Ntzren6e'rg ew ESE ,0 'e .�\ Nort °°°' Naxi oar t =. IA : 8R oR�inPic � EJ7 Maxwe! a3 e Bey Forest LAt s3.r {Raa{nEvr . tvf — �—�— --- . ` Arm LakeIs Af co �E 0 51 POINT Tom we LA RooORONO �r Arm '••. onf Crystal -- -, °p N e Bo, i. F% ma Point Crystal Bay' S •` ant �• go ` - LaGyet n oo'k 64 y Bay Country ''RING ocl! 11 .f SUI ISLkND FeganesrPdnt 1 or' rsoR -��M"01 0 WE no o uo tea, myn i UNG :l � WArlL°• � "' ` �MINNETONKA AAWcR.nl n t• ■ ow plr ! Agwo elBEACH lirf3 Y, a� ly 1 7 uu wra w N •.1 �.i� { Laftyette Do a°ORElIRE o Y gan 24 I� 1 Spri g „ \��o r:a Ra33n F �ts O i[k e I J ParkON LA ,ter a° !9 \\ ♦ e ° 1 op �`�! LA IM • Ea> ° Carman �,.�a� �0 ! 3 ? 1 { �1�/s Hbn'nepin C ty T ayer Services Department � ";: " I 11) I ��MEMONI NEICNI$' 1071 r ra r 11W N _ e _l161� I9U) ry (92)_ .(97) _ st \ n r n erMovr e W1 n e' (721. f90) e (� e . (a01 a (9p / V Of pp gnot ek OMe hpp 117) }aMAw. n9 W e/Intonation 051172332OW3 umber500 eme TONKA WA RD 7nium Map. If MPMSOM9 aWrllpd9U011 O/IIIMIIlakpll . anJ Sfala road aWW*w and offwaWOa. 5-co s�G L�ltuXt �oriL�. L PERMIT RECORD Permit No. Date TYDe of Permit d37t•--------- rim 70 RFs 1$Ib 5'dY-JJ :p4,66 _ to .7-7c, .. '"""_rPr�c Sys. - 3 99S'S' )- /x 9y PERMIT RECORD Permit No. 991!2 Date ,Sva 7To74awa, L plc, Type of Permit n /._ I RON DATE 02/12/01 BATCH 507 38 05-117-23 32 0062 PROP ABON 00460 TMK ANA RD OWNER NAME EDNIN C GAGE ETAL TAXPAYER EDNIN C A BARBARA C GAGE NAME/AODR 460 TINNAWA RD LONG LAKE MN 55356 3G OS-117-23 32 0005 PROP AODR 00520 TOWN ANA RD ONNEK NAME NO AMERICAN FINANCIAL CORP TAXPAYER NO AMERICAN FINANCIAL CORP NnME/AOOR 2 CARLSON PXMY 0475 PLYMOUTH NN 55447 HENNEPIN COARTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS I"I 30 es-nT-n 32 Gees 0OSCO TGNRAWA RD GLEN D NELSON ETAL OR GLEN 0 NELSON SOD TGMKAWA RD LONG LAKE HN 55356 3B 05-110-23 32 0004 00038 ADDRESS UNASSIGNED ➢ H CARLSON ET AL TRUSTEES M C NELSON A B C GAGE CIO TONKANA INC P B BOK 59L59 MPLS MH 55459 REPORT W. PI455401 PAGE 25 36 05-117-23 32 0044 00550 TONKAWA RD A M CARLSON ET AL TRUSTEES M C NELSON A B C GAGE CIO TOMKAWA IHE P 0 B ,X 51159 MPLS MH 55459 TOTAL BATCH 507 00005 ♦yq L,. `1 K !1 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AMID TINE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE BOX THE RECORDS OF THE HENHEPIN COINTY DEPARTMENT OF PROPERTY 1"ATION, TO THE REST -.4t OF MY KNOWLEDGE AND BELIEF DATE✓' Br .�` Ta5 m r1n,�.,..n urrTiNO Application Date: 2/26/01 MAR 2 6 2000 Completion Date: 2/26/01 60 Day Deadline: 4/26/01 Cl I v yr urtvnv REQUEST FOR COUNCIL ACTION Department Approval: DATE: 3122/01 Name Wendy Botienberg ITEM NO.: Title Zoning Adminstrator/Planner Agenda Section: Zoning Item Description: #01-2666 Greg and Jewel Vitas 2800 Countryside Drive W. Variance Zoning District: RR-IB One Family Rural Residential District (2 acre) Lot Ana: 107,119 s.f. (2.459 acre) List of Exhibits: A Resolution B Staff Report and Exhibits of 3/19/2001 Application Summary: The applicants are proposing to construct an accessory storage building 14' x 20' (280 s.f) behind their residence. The applicants are proposing to locate the accessory building approximately 15' from the side property line. A conditional use permit is required becaus this lot is considered a "through" lot. By Zoning Code definition a "through" lot is a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a comer lot. On a through lot, both street lines shall be front lines for applying the Zoning Chapter. The lot abuts streets on three sides: Countryside Drive W., Old Crystal Bay Road and Watertown Road. The property contains a private sewage treatment system. The proposed accessory structure will not interfere with the primary or alternate septic sites. 1. Section 10.03, Subdivision 10: Conditional Use Permit - Accessory Building: All accessory buildings on through lots located in "R" Districts shall require a conditional use permit. PLANNING COMMISSION The Planning Commission recommended by a 5 to 0 vote to: Approve the application as presented. STAFF RECOMMENDATION: To approve the enclosed resolution. COUNCIL ACTION REQUESTED: I adopt or amend the enclosed resolution. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 10 FILE NO.2666 WHEREAS, Gregory J. Vitas and Jewel A. Vitas, husband and wife, (hereinafter "the applicants") we the owners of the property located at 2800 Countryside Drive W. within the City of Orono (hereinafter "the City") and legally described as follows: Lot I, Block 2, Old Crystal Bay Road Addition, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit an "Accessory Structure on a Through Lot -Conditional Use Permit" allowing an accessory building to be constructed on the subject property which is a through lot. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 19, 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, HE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS This application was reviewed as Zoning File #2666. 2. The property is located in the RR -I B Zoning District, where 2 acres is the minimum required lot area. The property consists of approximately 107,1 19 s. f or 2.459 acres. 3. The Orono PLmning Commission reviewed this application on March 19, 2001 and recommended approval by a vote of 5 to 0. Page I of 5 ?. The Planning Commission made the following findings of fact: A. The accessory building meets required setbacks from both Countryside Drive W., Watertown Road and the side lot line. B. The proposed conditional use would not be detrimental to public health, safety or welfare. C. The accessory building does not exceed the height of the principal building. D. The subject property is a "through" lot located in a "It" District therefore a conditional use permit is required for an accessory building. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed conditional use permit on the health, safety and welfare of community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to allow an accessory structure on the subject property which is a through lot. Approval is subject to the folio -wing conditions: Council approval is based on the site plan submitted by the appii. is attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Authorities gt anted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (March 26, 2002). The City Council finds that granting a conditional use permit to allow an accessory structure on a through lot will not be detrimental to the health, safety or general Page 2 of 5 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 keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation ofthe zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, tr9derstood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City or Orono, Minnesota at a regular meeting held on the 26th day of March, 2001. ATTEST: Linda S. Vee, City Clerk Barbarm A. Peterson, Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of S STATL OF MINNESOTA ) ) ss. COUNTY OF HENMEPIN ) On this day of — 2001, before me a Notary Public within and for said County, personally appeared _ known tome 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 _ , 2001, 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) fie act and deed. Notary Public Page 4 of 5 ;58MWE "S. lam nmlak) `U c IrT-- --- - -- — — \r� I uJrrJ.r Ga P I '� I f 5erh k.'tyiJeµ,l �inach.:K; ,r 11 i- I �` e•t +v 1 J ICI Fe f .� G� IIW I � ��I ///••JJJ�����1 � � � aA• / I • K III • • 0[CJ , r III +�• _ ,, • � W,.•'_g=• I J O NJ n ,te I a LI, Misr fovea taa7sl — _ n 6 o�A 0 40 so �jI SME W RET op Pipp.o,� t9' V11 0'° e N 0 N m a i. � pp111 _Qfi fl ♦Opi[41? J Iv ql JN t f1Y pi41 [YLJ4 M'JIY .J MrJ..' J w • W. N Mal rypSA,YIIw .� NI I. 1 RO PRi Mi IgIO JOOIItYI Nw,aF Can, J.Krw lrr wYw .r r+iw .w: Y,L Y Oi,w a nl ial aJa,Yla\ NY JOY MOOS .siaoJrts w J 3 TO: Chair Hawn and Orono Planning Cot mission Members Ron Moorsc, City Administrator FROM: Wendy Bonenberg, Zoning Administrator/Planner DATE: March 15 , 2001 SUBJECT: 001-2666 2800 Countryside Drive W. CUP -- Public Hearing Zoning District: RR. IB One Family Rural Residential District (2 acre) Lat Area: 107,119 s.f. (2.459 acre) List of Exhibits A Application B Site Plawsurvey C Elevations D Septic Location Map E Photo of Property F Location Map G Property Map H Permit Record I Property Owner's List Pertinent Code Section: I. Section 10.03, Subdivision 10: Conditional Use Pic tail - Accessory Building: All accessory buildings on through lots located in "R" Districts shall require a conditional use permit. Application Summary: The applicants are proposing to construct an accessory storage building 14' x 20' (280 s.f.) behind their residence. The applicants are proposing to locate the accessory building ap^roximately 15' from the side property line as indicated on Exhibit B. A conditional use permit is regcired because this lot is considered a "through" lot. By Zoning Code definition a "through" lot is a lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a comer lot. On a through lot, both street lines shall be front lines for applying the Zoning Chapter. The lot abuts streets on three sides: Countryside Drive W., O;d Crystal Bay Road and Wat •own Road. Although the Zoning Cc ctinition of"through lot" appears to exclude comer lots W is lot is both a comer lot and a through !••r. ��d a conditional use permit is required. The intent of the ordinance is to have control over the placemeit of accessory structures within street yards. the property contains a private sewage treatment system. The proposed accessory structure will not interfere -ith the primary or altemnte septic sites. s01-2666 Greg andJeu Vitas 2800 Countryside Drive W CUP 311512001 Page / ANALYSIS The Planning commission may recommend and the Council may grant a conditional use permit if the following findings are made: 1. That the proposed location of the conditional use is in accord with the objectives of the Zoning Chapter and the purposes of the district in which the site is located and Comprehensive Municipal Plan; The proposed conditional use is in accordance with the Municipal Code because an accessory structure on a through lot located in a "R" District is listed as a conditional use. 2. That the proposed location of the conditional use and the proposed condition under which it would be operated or maintained would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed conditional use would not be detrimental to public health, safety or welfare. The proposed accessory buildin;, is 14' x 20' or 280 s.f. An accessory structure of this size is to be located in least 10' from the side property line. The accessory structure is proposed to be located ! S' from the property line as shown on the survey (Exhibit B). It meets setbacks and does not exceed the height of the principal building, therefore is considered as conforming. Further, it will be located at least 100' from the nearest roadway and will not appear as an encroachment of any required street yard. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Chapter. The use will not conflict with other provisions of the Zoning Chapter. 1177TI =1 41f, 77[_f D7'E I. Does Planning Commission find that the proposed use will not be detrimental to the neighborhood? 2. The accessory building meets setbacks from both Countryside Drive W and Watertown Road. 3. Does the Planning Commission wish to consider amending this ordinance in the future to not require a conditional use permit for applications such as this one? (Perhaps establishing standards for required setbacks, size of accessory structure, being adjacent to neighbor's reas yard, etc ) 4. Should the definition of "through lot -include comer lots such as this one, with street frontage on 3 sides't 001-2666 Greg and Jewel Vito 2800 Cbunoysde Drive W CUP 1/15,200i Page ? 5. Other issues raised by the Planning Commission. Staff Recommendation: Staff recommends approval of the conditional use permit to construct an accessory building on the property as proposed, meeting all required setbacks. $01 2666 Greg and Jewel Yaw 2800 C'mmrys,de Urrve a' CUP 311512001 Page 3 #6 Applicationerob Date Received i /r. t, o I _ Amount Paid J ! 7.5' CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCATION Site Address ov Type of Application to be Filed _ Property Identification Number (P.I.D.) APPLIC Phone (home)9SZ -44q-961I Name C 'WG C1 Phone (work) Address City C 00kc) Zip _ OWNER (if different than applicant) Phone (home) Name Phone (work) Address City Zip Date Property Acquired qi (month/year) 1 (do) (do not) also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - -�- S 75.00 For each variance request with CUP application _7 $175.00 Residential Accesso,y Use $250.00 Institutional (church, school, etc.) $225.00 Guest House/Guest Apartments _ S200.00 Duplex Credit/Bldg $325.00 Commercial/Industrial Use S250.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 501 cu. yd. or more _ Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see Fee Schedule $150.00 Renewal Fee (no change from original application) _ After -the -Fact Fee - Double Current Application Fee OTHER APPLICATIONS $275,00 Commercial Site Plan Review (+ consultant fees) S300.00 Vacation S200.00 Easement Vacation $100.00 Easement Vacation With Subdivision S330.00 Rezoning (PUD - refer to fee schedule) S375.00 Comprehensive Plan Amendment SI00.00 Appeals Other - see Fee Schedule on REQUIRED SUBMITTALS 1. Completed Application Form. 2. Describe request in detail. 3Q. —Certified Property Owners List of owners within 350', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of Finance, A-603, Government Centei,l r148-*W*# 59 10 4. Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. S. _ Attach legal description to application if not included on required survey. 6. _ Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). 7. List of the legal names (include marital status) of all persons with an interest in the property. This would include name(s) of applicant(s) if not current owner(s). 8. _ Construction plan, if applicable (see staff for requirements). 9. _ As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF LARGE DOCUMENTS OR COPY FOR REPRODUCTION (11" X 17" OR SMALLER) FOR ALL DOCUMENTS SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be submitted.) The Applicant and Property Owner must sign this application. Please remember that your application is not complete if the above information has not been inchuded. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: _ Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses i }bred in view of this application, and certifies that the information supplied is true and c t to the bet of his/her knowledge. I Applicant's signature Date j U 0 OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and further authorized reasonable entry onto the propen y City staff, consultants. agents, commission members, and Council members for purpo of investigation• d verification of this request. Owners signature Date 2�LH Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant is unable to amend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building k Zoning Office of Ois change prior to the meeting r se9n9•zs-E 295 oo w � Imo_---_—_—_— __— Iu,un. P.x.R I 10 III W 5> I I r9� `^x 0 ll SCALE W IFFY o +.•' 1 P ov.. c I z, O O �J +•' h. I"i CRY OF ORONO I H_ E F'JN _ OWINGV.T-R J'i"i. si iu q?la!DN'2- F` I i 1'P` y I 1{Zy (,r. II I ,. OD5sw0 MiuY � �,s • win is YW�s b O I s NEST ,OZ,] t.,9 `-fF'`+F' I < A Welenown Road Vitas Barn Project Site Map 155' storage shed led 15 feet in the property 333,33- 1 srr�i,e o a.�4 0 0 1 N'0 f '� f Hot - f �a2 22' < 19Y Coulryside cr V Old Crystal , Bay Road Vitas Property Site Location Scale: = 2g feet N h square Vitas Bam-style Storage Shed Project Structure: The framing for the structure is basic two by four, sixteen inch on centers slick construction. The gambrel roof provides attic storage. Windows are optional. There is a 6' X 7' double door on the front. if 1 , 1, I�t 4 t ®I . • .. it ,; . i; ,; . , �i if I. _ RIa ELEVATfON_� � i4_. I � 1+ 3 t1 . •W �.L n I i i 11 i I tl r LEFT ELi VA l Y Pp 3M3 by ern L. S..ran Vitas Barmstyle Storage Shed Project FRONT ELEVATION _ Pape a W W Oeen L Swrom Vitas Barn -style Storage Shed Project C� BACK ELEVATION Ppe5M5 b Deen L Swugan 'a i u T Ta A 3 11 c rn -ia'6 666 ovf 7R'0 '' 7 3 ovN 7%3 38'9 v ,M, i quit "n¢ta LiV 1 01 IAlbii � N � MORONO ' `°""° u . lu,o Carras s 3 G •^ 1 o'-• $ w[AAcr 6 v■oA =e Q r u u ` o n e .W�. NI/" 'e 0 m ►� i — ea 9 U 9! WATERTOWN w co& IO0 T1100000" RED " r :OMAYTIRE OI f� r U °o n o cOWI � a DEn■ u ELUM $T ! •�„!, r r J +/pF,01 R r IOMIr1EA cr ♦�"� •i•, GA SOYFRSfi r eMIS OS �r a HIw • ..... 'SEEN 10 SITF •� a .r Ni,• SS W /.. .�... ... . .. W.... ,•__ tJ11G ,[AST U T YrS I lAr OE NO .Stx to'`� ONBOOr■AI Wong • • R O N •'•• IT Stetbbs,:;a:-'s�. lµr ■ IEIt s e vFOX ST q LA .� 4+?s NOercObct Aa r00 Fl1E"pI LAKE rGrdelt no IL AD S ,e to �aMaxwefl S 84 ,n a VIA- Ba + Lake _ Arm` jti '• ✓ :: � � F ,� ' �v ' �` j Alp �✓ emt � / it `.;pG .. �•J NOI Try O,t ' � � � � � S r M SN I. NUS Z �o W ILA Y; ORON•O' C" Crystal °a ♦` \ Bw B :: •.• ohA[Poin1 Crystal Bay ' u°! Ae '� •p, ` .. Bay ADt LA 006 06 An n'0u �/ an.0 II/Aa �ei .3? L�` J-1, a e u. ADDRESS` I'1 0. 9— '-I PERMIT RECORD Permit No: Date /o/-)q 'd,q 1�,q/ 4 — ---- 9-- -- �„ any -- - 7-ate-9� --��----- : //035,1------��-- RUN DATE 02/21/01 BATCH 503 38 04-I17-23 12 0009 PROP ATOP 02800 COAITPYSIDE DR W CROWN NAME G J A J A VITAS TAXPAYER GREGORY J A JEWEL A VITAS NAME/ADDR 2600 COUNTRYSIDE DR W LONG LAKE M! 55356 38 04-137-23 12 0012 PROP ADDR C2200 COUNTRYSIDE OR W OWNER NAME S L A P T BENNETT TAXPAYER SCOTT L B PAMELA T BENNETT NAME/ADDR 2700 COUNTRYSIDE OR W LONG LAKE HN $5356 38 04.137-Z3 12 D020 PROP ADDR 00030 ADDRESS PENDING OWNER NAML CITY OF ORONO TAXPAYER CITY OF ORONO NAME/ADDR RD ROX 66 CRYSTAL BAY MN 55323 38 33-118-23 34 O00A PROP ADDS 02900 WATERTOWN RD OWNER NAME SHARON RAE GLA MOND TAXPAYER SHARON RAE GUIMOND NAME/ADDR 2400 WATERTOWN RD LONG LAYF MH 55356 38 33-116-23 43 0011 PROP ADDR 00055 GOLDEN VIEW OR OWNER NAME V 0 A N L ERICKSON TAXPAYER VAN 0 A NANCY L ERICKSON NAME/ADDR 55 GOLDEN VIEW OR LONG LAKE HN 55356 38 33-118-23 43 002V PRJP ROBB 02760 WATERTOWN RD OWNER NAME 0 C A B J WULF TAXPAYER GENE C A BARBARA J WULF NAME/ADDR 2260 WATERTOWN RD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 04-117-23 12 0010 02780 COUNTRYSIDE DR W L J R D T SEWARD JR LISA J A DWIGHT T SEWARD JP 2780 COU TRYSIDE OR W LONG LAKE MN 55356 38 CO-117-25 12 0016 02715 COUNTRYSIDE OR W F 0 BURKE A R M BURKE FORREST A RENEE BURKE 2715 COUNTRYSIDE DR W LONG LAKE MH 55356 35 D4-117-23 21 0003 02945 WATERTOWN RD 5 N KNAPPENBERGER ET AL S N A G M KNAPPENBERGER 2845 WATERTOWN RD LONG LAKE, HN 55356 38 33-119-23 34 O009 02845 WEAR CIR S J YOUNG A M 3 YOUNG MONICA A SCOTT YOUNG 2845 WEAR CIR LONG LAKE MN 55356 35 33-115-23 41 0018 02685 COPPER VIEW DR J N A P M TURXBAS JAY N TURKBAI 2685 COPPER VIEW OR LONG LAKE MH 55356 TOTAL BATCH 503 OOOl6 RLPORT NO. P1435401 PAGE 9 38 04-117-23 12 0611 02760 COUNTRYSIDE OR W R S A L A STOODART RICHARD A LEE ALOE STOODART 2760 COUNTRYSIDE OR W LONG LAKE MN 55356 38 04-117-23 12 0017 02755 COUNTRYSIDE DR W R E TUMHEIM A K A TINHEIM R E TUWHEIM A K A TIINHEIM 2755 COUNTRYSIDE OR M LONG LAKE HN 55356 35 04-117-23 21 0004 00085 OLD CRYSTAL BAY RD SCOTT R MILLER SCOTT R MILLER 85 OLD CRYSTAL BAY RD 5 LONG LAKE MH 55356 30 35-118-23 43 0010 00035 GOLDEN VIEW DR N J ANDERSON A R M ANDERSON M J ANDERSON R X K ANDERSON 35 GOLDEN VIEW OR LONG LAKE M 55356 38 33-118-23 43 0019 02755 COPPER VIEW DR J E B M C P VOGT 16-4 1 9 MAUREEN C P YOGI 2755 COPPER VIEW DR LONG LAKE HN SS355 - .. STING REQUEST FOR COUNCIL ACTION M"' c 6 2000 DATE: March 22.2001 Li i t ..r v"QNO ITEM NO.: Department Approval:Administrator Reviewed: Agenda Section: Name Michael P. GaRron Qr�- Zoning Title Planning Director 4 Item Description: 2001 Joint Use Dock Licenses (Renewals) Big Island, Inc. Bohn's PomtNonh Shore Ilomeoxners Walters Pon Association Forest Arms lomeowners Assoc. Foxhill Homeowners Association Sandy Beach Minnetonka Power Squadron Victoria Estates Carlson Nelson Gage Kelly Cos c I lomeowoers Association of Exhibits A - City Map of Joint Dock Locations B - Resolutions C - 2001 Applications We are in receipt of ten of welve renewal joint use dock license applications for the 12 joint docks the City has historically licensed. Each application exhibits no significant changes from previous licenses. -1"he only complaints regarding any of these joint use docks has been a request that the dock lighting at Sandy Beach be redirected or shielded to eliminate the impact on m:arby pioper ies. We believe this issue has been resolved.. Xso note the following: — Foxhill has requested that LMCD acknowledge the Foxhill Association's rights to construct up to 16 slips. I slip for each lot within the subdivision. Orono has acknowledged this right each year since 1974 with a stipulation that the City will license only the number of slips equal to the number of lots within the subdis ision that contain homes (currently 14, with 2 vacant lots), formalized in 1979 per Resolution 1042 (6-12-79). flowerer, the LMCD is considering this as an increase in Boat Storage Units and apparently is reluctant to allow such an increase, and is requiring a that new license be applied for rather than a renewal. While this does not affect Orono's licensing (it the site, there may be some interesting discussions between Foxhill and LMCD when lots 15 and 16 get built on (and 1 am told they may he up I'or sale soon... ). A letter we sent to LMCD on this topic recently iv attached. — We have not Net received 2001 applications from Big island Vets Camp nor Pheasant Lawn Association. These will be presented to Council for approval when they arrive. Staff recommends appnwul of 2001 joint use dock licenses for each of these ten applicants COUNCIL ACTION REQUESTED: Adopt the attached resolutions granting joint use dock licenses for 2001 to each of applicants. Proposed Motion: Mosed by _ .wconacd by _ , to adopt Resolutions through_. directing staff to Issuejoint use dock licenses to Big Island Inc.. Forest Arno H.A. Sandy Reach. CarlsomfNelson/Gage. Bohns Poinc'Nurlh Shore Homeowners. Fm Hill HA. Minnetonka Posner Squadron. Walters Pon Maintenance and Improvement Association. Victoria Estates and Kelly Cove HA for the period of January I. 2001 to December 31. 2001. A BIG ISLAND VETS CAMP MTONKA \ _ �� _ `� i BIG ISLAND, INC. CITY OF ORONO PRIVATE JOINT USE DOCK LOCATIONS RESOLUTION DIRECTING STAFF TO ISSUE JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDIT'IONh NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2001 TO DECEMBER 31, 2001 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 Minnemnka Conservation District and the Department of Natural Resources of the State of Minnesota: and WHEREAS, the regulation of the navigable waters invoh es 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 C.e public watersand on the land within the City which, if unregulated. may be detrimental to the public health, safety and general v _ Ifare: and WHEREAS, the regulations of P,c DNR. LMCD. and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interterence with the public waters adjoining their pmpcny. the LMCD. DNR and City ofOrone must fulfill their trusteeship over the public waters by protecting against imerl'erence by anyone, including those who assert the commonlaw rights of riparian owners, whether or not thec be commercial marinas or residential owners: WHEREAS, as to Lake Minnetonka, a mutual right of ..,oymcm exists between and is shared by riparian owners and the public generally. no one riparian owner has exclusive pris deges over Lake %linnetcmka. The only additional private right that any riparian owner may hive over the public generally is to constructune dock to the navigable depth of public waters. There can he no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a wav as to ensure there is no abuse of the limited riparian rights: and Page 1 of 2 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 Ducks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted genctal conditions and concerns and the following special conditions as they rclate loan application for an annual Joim U,c Dock License described on Exhibit A attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staffto 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 26th day of March. 2001. Barbara Peterson. Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOI A I I ss. COUNTY OF HENNEPIN I The foregoing instrument was acknowledged before me on this 26"1 day of March, 2001 by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Min:.cso a municipal corporation and said instrument was executed on behalf of the Cite. Notary Public Page 2 ot2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE LICENSEE: Big Island, Inc. Dock Address: Big Island. Record Lots H 12 and 19 (5201530 Big Island) Agent: Brian "richy (Treasurer) Address: 6240 Cypress Drive. Excelsior, AIN 55331 Licensee is: _ unincorporated homeowner's group _ incorporated homeowner's association _ unincorporated club or recreation group XX incorporated club or recreation group other License Period - January I, 2001 to December 31. 2001 BOAT DENSITY The number of in -place twat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B and C. and in accordance with Resolution 938. in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior years license. Authorized Boat Density per attached plan: Bav Lower Lake Transient (Da) use only) Slips 14 Permanent Moorage Slips _ Boat Lifts Sub- I otal: Slips at Dock 14 Offshore Buoys _ Maximum Boats in Water 14 Maximum Boats per prior license 15 MAXIMUM BOAT DENSITY 15 'Per Resolution No. 3006, occasional oycmight camping allowed. Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips. lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. 111. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. Licensee shall comply with all requirements of City of Orono Resolution No. 3006. 2. The maximum allowed boat density per Resolution No. 3006 is 15 total slips. Any increase above this numberofslipsshall be subject to licensee first obtaining Conditional Use Permit approval from the City. The number of slips licensed for the current license period is 14 . Nothing in this license shall confer upon any person for the benefit of am 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. V L S IYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrufoam as a dock notation material has been banned per Ordinance No. 104. Second Series. CITY OF ORONO LICENSE YEAR 2001 P.O. Box 66 .... Crystal Bay, Mn 55323 952-249-4600 - ANNUAL JOINT USE DOCK LICENSE APPLICATION Cl! Y Pursuant to Orono Municipal Code Scction 5.42 Date Form Sent by City Staff January 17 2001 Date Application Returned to City 2 a� Fee Received S By Employee Section 5.42, Subdivision 2. LICENSE REOUIRED -"It is unlawful for any (group or association of persons or families, more !,an two in number, whether incorporated or not) to engage or participate in ... joint use (of say lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMAL [ON I. Association title or name (if my) 6"6- LA-0, �C- 2. Lake 0 11NNE70t4c4 Bay L6,✓fA 1-04¢ 3. Person responsible for this application: Name X ril s) THY Phone `hy_" 0V7 Mailing Address 62y0 CYF,t?rgss �a'v2 Fs'e.c-sir2�/�/N S"S33/ Relationshiptoassociation 74_4F," nCia 4. Association is (check applicable items): unincorporated homeossners group. _ unincorporated club or recreation group. incorporated Ilomeocsner's Association ✓incorporated club or recreation group. 5. Principal purpose ofjoint use dock is (check applicable item;): provide boat mooring and lake access for residential proper - provide swimming access, beach, or offshore dock _K___prov ide a club or association gathering place for activities Page I of 4 6. Dock is located on (check applicable item): one members pris ate property. property leased by the group/association. easement or outlot owned in con.mon. _property owned by the group association. List Dock location and ownership information: Streetaddress a71 /2 7/9 1-0CA7LD oN -91" w,��/ OMOA'5 /GA/ Legal property description _ SFi A(7rA�O" 6^cAfl<17 A _. PIDA_ 4 Listed property owner(s)g/G.%ScA�N.Z^l_ Po. ,7%x /3F F<c/K.t�ai /7/N 553P/ 8. Names/addresses of abutting Lakeshore property owners: (North/West) ERr e%-SON /G..,F/Fam1 N/? Namesladdresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: _ property owner's homeowner's policy../E separate group/association owned policy. List the following information: Name of insured ��-Zsc.r+✓1 SNP . _ ___--- Name ofinsurance carrier Si. Pirrx- .PC1✓s Name of insurance agency 6.erc"S'O zz2&- Policy No. S 2343 -MAN Effective date of coverage o e, r m To 6611 1 Amount of coverage: Public liability, per person, per occurrence $ /,oeToa o_ Public liability, per occurrence $ 4,00, o_�o 10. Security and policing of the jointly used dock and propertyis provided by (check applicable items): _ fencing _ security lighting _ property owner's presence _ contract security service �_ other (specify) 1,40eiB/e¢s '04 u4 VISuAt o/15.P.evMri_ DOCK ►NFORM:,T O\ it. List Dock Use Area Specifications: 5M 177 *4~ Width of shoreline: ft. Length of main dock from shore' - ft. Dock setbacks from side pn pertN lines at shore: ft. and ft. Page 2 of 4 12. Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) permanent piling with seasonal deck permanent piling and decking wooden decking metal decking 13. List Dock Accessories. Number of fire extinguishers available at the dock PT 11Fscu 404e cr_ Number of life preservers available at the dock 14. List number of slips in each category ("slips" includes boat lifis): Transient (day use only) slips /9 Transient (day use) off -shore buoys Permanent moorage slips permanent moorage off -shore buoys Dry storage (rack) slips . Maximum number of boats at the dock _/`/ List number of off-street parking spaces available far users of the joint use ock. Parking. if provided must not be separated from the dock by any public road. /V ___. ;paces. EROSION AND SEDIMENTATION CONTROL. 16. Shoreline is protected by (check applicable items): _ stone rip rap _ wood seawall _ metal seawall _ concrete nrawall grass and vegetation onh _) other (specify) rlitr.� Res l%f1'-01W b^J 17. Depth of water at shoreline: ft, at 50 fi. out _ i. __: at 100 ft. out / i REQUIRED ATTACHMENTS The following must accompany this application. A. DOCK PLAN - ALL APPLICATIONS A dock plan. drawn to scale. showing the shoreline width of this property. the side property lines and the location. layout and dimensions of all docks. slips and buoys. If off-street parking, dry storage or other on -land functions are intended. these also s:.ould be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS A list of the names and mailing addresses of all members and'or shp users A certified copy of the by-laws or agreement for joint use. Note. This copy is not required ifthe applicant initials and ceniftes the to] low mg statement "Thu, is a renc%a] application and our joint use dock o to be operated under the same 's.-Iss s or aerrcmtrt originally made in (state year) and on rile is nh the City." Applicant swtials- Page 3 of 4 INCORPORATED CLUBS OR d.SSOCIA'r1ONS SCC ,,47111111,0 �xNisi % b I. A list of the nam:s, mailing addresses and titles of all corporation officers. 2. A statement as ti the total number of members in the nub or association. 3 members 1 A certified copy of Inc articles of incorporation and be -laces of the corporation. \ote These copies are 1tgKay if the applicant iniaak and certifies the folio, me statement "ihisrs e renewal appliot{on and our joint use dock is to be operated under the same articles ofmce rporaumr ana'or bv.ta,vs as originally made or last amended in 6,1a187 (state )ear) and on rh, , ah the City." Applicant'swtinls D. ANNUAL LICENSE FEE - ALL APPL ICAT IONS Joint Use Dock License Application Fee according to the current City Fec Schedule INITIAL APPLICATION FEE ($50.00) S RENEWAL JOINT USE FEE, per year S _ 20.00 PLUS SLIP FE for each permanent moorage slip. lift, dry stack, or buoy. slips 2.00 each $ LATE FEE ($25.00) if application returned after 1I'll 1 S TOTAL DUE THIS APPLICATION 26 '1 LATE FEE -Renewals Application for renewal of licenses shall be made no later than March I of IFe license year. 'I he Cits shall not accept renewal licence applications received after March I unless the_pplication is accompanied by a late fee of $25 00. 3EVIE5V PROCEDURE When a complete application is received, the application w ill he reviewed by the City Council and. in the case of newor 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 OPENFD FOR I1SF. 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 C'itsof Orono and the City's employees and agents to enter upon the propert% at am reasonable time to perform safety and code compliance inspec,ions. Signed_ _ Date_ Page 4 of 4 —f 2,ESCL7::C:: 3G05 1, dearrance^ent c`_ that part c_` Lot _ _ _ - SuS3ir_sicn c. Government Lots 6 and 6in Sec es, c` a P.an;e 23, Hennepin. County, :"innesota :Yine sou t•`•'^es cerly cc a --�- r,cs: ccr.e_ c_ :. sac - run .rom the nort -wester_; r ,.c __•e _ 2earran5ement o: Lettchel•s 5�: c.va -cn, the northwesterly line of said C__ said _ 'ea _rznc^_neat E Ki tchel's Sutdivision, z._...r a_s:: a__ _- -- C .s 12, 14 and 16,=..earrangen.en: c`_ :. __ Government Lots 9 and 6, 5ecu :'. --•--�p5d== Hennepin County, Minnesota. Lots 2, 3 4, 5 and -,-. part `_ -__ - :C t.`e z line ag .rcm a .. the -c5: V..-ne_<r_p ,. - __ r....ai;tc^h+es:er:Y.._ midpoi-. c..-c_ the ve � sicr. in Government Lots 5 Rearm.----.ent of Lc: �- co the retc riled ;:at 2, 117, R. 23, ac __rc �. e and E Sec. 2_ - - ice c: h a County Recorder, therec- cr. '_ie and ct rend '-• .••- -- Hennepin C_-nty, :<innescca. ALL CORPORATION OFPOERS NAJIES, JIAILING ADDRESSES AND TITLES 73.E A.i+rrr� lzvir -Been, President, P.O. Box 188, Excelsior, MN 55331 Ioa-Qeintr, Vice President, P.O. Box 188. Excelsior, NIN 55331 Brian Tichy, Treasurer, P.O. Box 188, Excelsior, MN 55331 Mark Scholle, Secretary, P.O. Box 188, Excelsior, KN 55331 QA C)/ I T / malf.yata island Lover Lake South City o: Orono I � I RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICEN`:E TO THE OWNERS OF PROPERTY LOCA IED AT 460 TONKAWA ROAD, 500 TONKAWA ROAD AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2001 TO DECEMBER 31, 2001 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, safer•, 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 W HFREAS, 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 ,egulations 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 bs 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 Al innetonka a mutual right of •nent exists between and is shared by riparian owners and the public generally, no one riparian owner has - : privileges over Lake Minnetonka. The only additional private right that any ripen ian owner may have ns is generally is to construct one dock to the navigable depth of the public waters. There can be no dispute h e public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of . Minnetonka for all suitable purposes in common with all other riparian owners This right is a right not only to members of the public but the right to each riparian owner. Page I of 2 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use onh 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 we 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( se Duck License described on Exhibit A atlnched, NOW, THEREFORE, RE 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 auachcd. Adopted by the City Council of the City of Orono at their meeting on the 26th day of March. 2001. Barbara Peterson. Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA I ss. COUNTY OF HENNEPIN I The foregoing instrument was acknowledged before me on this loth day ut N larch. 2001 by Barbara Peterson & Linda S. Vee. Mayor & City Clerk of the City of Orono, a Minnesota municipal Corporation and said instrument was executed on behalf of the City. Nolan Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE: 1. LICENSEE: Property owners of 460,500 and 550 Tonkawa Road Dock Address: 500 Tonkawa Road Agent: c/o Donna Snyder Address: Tonkawa. Inc., 301 Carlson Parkway, Suite 102, Minnetonka. MN 55305 Licensee is: _ i nincorporated humeri croup incorporated homemmer's association unincorporated club or recreation group incorporated club or recreation group X other not applicable License Period - January 1, 2001 to December 31. 2001 IL BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938. in no case shall the number ofauthorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Stubbs Bay Transient (Day use only) Slips 0 Permanent Mooralee Slips 8 Boat Lifts 0 Sub -Total: Slips at Dock 8 Offshore Buoys 0 Maximum Boats in Water 8 Maximum Boats per prior license `) MAXIMUM BOA[' DENSITY 8 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 tt �lation of Section 5.42 Subdivision 2 of the Orono Municipal Code. Exhibit A Resolution No Page 2 Ill. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMC'D. 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. I. The eight approved slips are for the exclusive private use of the property owners at 460'ronkawa Road (Gage). 500 Tonkawa Road (Nelson) and 550 Tonkawa Road (Carlson). 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. CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE. YEAR 2001 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 17, 2001 Date Application Returned to City 4/0! J _o Fee Received S le, By Employee G• Section 5.42• Subdivision 2. LICENSE REOUIRED -" 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 an)' Lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION I. Association title or name (if any) Carlson, Nelson and Gape Families 2. Lake Minnetonka _ Bay __ Stubbs 3. Person responsible for this application: Name- Donna D. Snvder _ Phone_ 952 404-5604 _ Mailing Address Took. .a inc. 301 Carlson Pkvy, S.e.N102, Minnetonka, MN 55305 Relationship to association r ti vl P �ia r a c•eral Marta;sr _,__ 4. Association is (check applicable items): NA Not applicable unincorporated homeowners group. incorporated Homeownees Association. _ unincorporated club or recreation group incorporated club or recreation group. 5 Principal purpose ofjoint use dock is (check applicable items): _ X provide boat mooring and lake access for residential property. provide swimming access, beach, or offshore dock. pros ide a club or association gathering place for activities. Page 1 of 4 6. Dock is located on (check applicable item): X one members pries ate property. property leased by the group/association. casement or outlot awned in common. property owned by the group/association. 7. List Dock location and ownership information: Street address 5u0 Tonkava Road Legal property description NW I/4 - SW 1/4, Sectio-,_5, Township 117. Ranee 23 PID9 Listedpropertyoweier(s)_ Dr. Glen D. and Marilyn c. yalann 8. Namesladdresses of abutting lakeshore property owners: (North/W st)M 6 Mrs. Edwin460 T+nkava Rd - long lakes MN 55156 (South/Cast)Mrs. Curtis I =rlann 550 Tnnkaaa Rd. long IAkn MN S5156 Names/addresses of other affected property owners (attach sheet if necessary): None 9. Insurance Coverage - The jointly used dock is insured by one of the following property owners homeownc7 s policy. _ separate grouplassociation owned policy. List the following information: Name of insured Dr. Gran D. and_ — Name of insurance carrier tumbermans Mutual Casualty Company Name of insurance agent;, Marsh, Inc. Policy No. up 00R 000-UD 6fteclive date of coverage 7-1-00 to 6-30-01 Amount of coverage: Public liability, per person, per occurrence S Public liability, per oc=ence S 10. Security and policing of the joinil:. used dock and property is provided by (check applicable items): fencing x_ security I:_hting x property owner's presence contract security service other (specify) Note: Dr. Nelson's shoreline is 396'; the combines shoreline, adding Mrs. Carlson's and Gage's is 1.242' DOCK INFORMATION 11. List Dock Use Area Specifications. Width of shoreline: 296 ft. Length of main dock from shore. 95 fl. Dock setbacks from side property lines at shore: ft. and _ ft. Page 2 of 4 12. Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) permanent piling with seasonal deck permanent piling and decking _x wooden decking metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock boats are equipped with extinguishers Numberof life preservers available at the dock boats 6 storage shed contain adequate preservers 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips 8 1 ransient (day use) off -shore buoys 0 Permanent moorage slips _ o _ Permanent moorage off -shore buoys 0 Dry storage (rack) slips 0 Maximum number of boats at the dock -g_ 15. List number of off-street parking spaces available for users of thejoint use dock. Pa King. if provided must not be separated from the dock by any public road. ___ spaces EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap wood seawall _ metal seawall -__ concrete seawall .x grass and vegetation only other(specify) 17. Depth of water at shoreline: 1 /2 ft: at 50 ft. out: 6 __; at 100 ft. out: 18' REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks. slips and buoys. If off-street parking dry storage or other on -land functions are intended. these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by -lass or agreement for joint use. Note. Thiscopy isnotreauiredifthe applicant not a6 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)ear) and an file with the City " Applicant'sinitials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIA'HONS A list of the names, mailing addresses and titles of all corporation officers. A statement as to the total number of members in the club or association. members 3. A certified copy of the articles of incorporation and by-lawsofthc corporation. Note These copies are not regained if the applicant initials and certifies the folloe ing statement: "This is a renessal appFeation and our joint use dock is to be operated under the same articles of incorporation and'or by-laws as originally made or last amended in _ (state year) and on file with the City." ,Applicant's initials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE (S50.00) S ___ RENEWAL JOINT USE: FEE, per year S 20.00 PLUS SLIP FEE for each permanent moorage slip. lift, dry stack, or buoy. _ 8 slips (a 2_.00 each 5 16.00 LATE-. FEE (S25.00) if application returned after 3 I/01 S TOTAL DUE THIS APPLICATION S 36.00 LATE FEE - Rencssals Application for renewal of licenses shall be made no later than March I of the license year. The C'io, shall not accept renewal license applications reccised after March I unless the application is accomoinied bs' a laic fee of $25.00. REVIEW PROCEDURE When acomplete 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 wili pass upon the application after complete review. THE SUBJECI DOCK MAY BE INSTALLED AND OR CIPFNFD FOR USE ONLY UPON APPROVAL OI' THE LICENSE BY THE CITY C'OUNC'IL. Pursuant to Section 3.42 of the Orono Municipal Code, the applicant hereby requests the Orono Cits 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 ins ions. Signed a'Z Z "'i"_. Date Page 4 of 4 ' GA9g GAg6 t,�SoN NETS or•1 I SKI PoNTaod �o61vLT 1naRtlyN 114•I 4.1 I Y 1 I 57C161pA csssmx oah ]II' 12' 12' �roTOSC8 �2 2el�v� Se' s.sln.v.l wIr6 rnnnpr �-(6'� ��y NS Er.of !0� Iee• SSIAN; � NELSoN W oo0(I/ � r 5 nnepr [7oN7 Shoreline Punt/ --- >• Fl 16' I'j"I Dr. Clea Nelson 51111'lonka%a Road Long Lake, \In 55.356 D-I00 Dock 2" cedar deck c�I'ry OF p fro rj o 6(ff7BIT S STUK513S 0AY F��r���mr�'pl� JAN 2 5 20n1• L�1 By EKLOF DOCKS Pine 747 South � Waconia, Minnesota 55387 1,4 (612) 442.2355 or 442-5020 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARV 1, 2001 TO DECEMBER 31, 2001 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 responsihility under Minnesota Statutes. State Statute 412, et. scq. 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 inathes 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. i funregulated. 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 commcrcial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fultill 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 enjoy ment 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 hive 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 t ight 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 cx,,lusi%e privileges to these rights; and Page I of 2 WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as lung as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian right:., and WHEREAS, the City has adopted reasonable regulations regarding the construction and ux of lakeshore and dock facilities when such facilities are used and maintained by three or more families. %%hick regulations include the annual I icensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code: and WHERFAS, 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 Cit•- Council of the City of Orono hereby directsthe 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 26(h day of March. 2001. Barbara Peterson, Mayor ATTEST: Linda S. Vee. City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument wns acknowledged before me on this 26th day of March. 2001 by Barbara Peterson & Linda S. Vec. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Cita. Notary. Public - --- ---... - -- --- Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Forest Arms Country Club Addition Iomeowners Association, Inc" Dock Address: 4245 Forest Lake Drive Agent: Jerry LeMire Address: 4205 Forest Lake Drive. Mound. MN 55364 Licensee is: _ unincorporated homeowners group `( incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1. 2001 to December 31, 2001 IL BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the:Itached 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 years license. Authorized Boat Density per attached plan. Bay forest lake '1"ransient (Day use only) Slips 0 Permanent Moorage Slips 14 Boat Lifts 0 Sub -Total: Slips at Dock 0 ORsmore Buoys 0 Maximum Boats in Water 14 Maximum Boats per prior license same MAXIMUM BOA "I' DENSITY 14 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 Suhdis ismn 2 of the Orono Municipal Codv. III. DOCK LAYOUT The dock structure or layout authorized by this license shall he as shown on attached Fxhibits R and C. Any changes in this layout shall be subject a, prior review and approval of the ('in Council. IV. SPECIAL CONDI"IIONS 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 prosecu:..n by the City. Tbc Purchase Agreement by and between the City of Orono and the Forest Arms C'oumn Club .Addition I lomeownerr Association. Inc. will Permit a maximum of 14 slips. 'I he C'ih will approve 14 slips for this license yeai -eased on the number tit del eloped interior lots within the subject plat. Nothing in dmis license shall confer upon any person for the hnmef it tit any prpeny any tested right to use Lake Minnetonka or the premises in it mtmnerpermitted by thi, rcxtlutiun. but the uscof Lake Minnetonka and the premises shall remain subject it, such regulation, and ordinances as the City and other competent megulamn authorities shall deem neccssan from time it, tinic in the public interest. CITY OF ORONO LICENSE YEAR 2001 P.O. Box 66 .. Crystal tiny, Mn 55123 952-249-4(i00 ANNUA! JOINT USE DOCK LICENSE APPLICATION C, t Parsuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 17. 2001 Date Application Returned to Cit) �/Z / /0 / QQ o+n t� Fee Received S 6/C3_ By Employee _ Section 5.42, Subdivision 2. LICENSE REOUIRED -" It is unlawful for any (group or association of persons or families, more than two in number, whether incorporate or not) to engage or participate in ...joint use (of my lakeshore property) without first having obtained a license therefor from the City," Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. 1. Association title or nnaame(ifany) p-stcf 2. Lake Bay 3. Person re onsible for this application: Name_ L Phone Mailin dress_ �1 zo .-J:;* Relationship to association kAT.5;,Pv _ 4. Association is (check applicable items). unincorporated homeowners group unincorporated club or recreation group �nccupo-are6 Homeowner's Association. _ _ incorporated club or recreation group 5. Principal purpose of joint use dock is (check applicable items) kf provide boat mooring and lake access for residential property. provide swimming access. beach, or offshore dock. pro ire a club or association gdrhering place for actin itics. Page 1 of 4 6. Dock is located on (check applicable item): one members private property. property leased by the group/association. _ easement or outlot owned in common. ,Z property owned by the group/association. List Dock location and ownership information: Street address _ I egal property description PIDN Listed property owners) . ,;/addresses of abutting Lakeshore property owners: (Monk/West) (z/a'yvco �Q I- . L./ L(Qr,�— f�i UV Names/addresses of other affected property owners (attach sheet if necessary): Insurance Coverage - The jointly used dock is insured by one of the following: _ property owners homeowners polic). _Zscparate group'association owned policy. •<lIst the following information: Name of insured Name of insurance carrier__ Name o. nsumnce agency Policy No. _ _ Effective date of coverage Amount of coverage. Public liability, per person, per occurrence Public liability, per occurrence 10. Securiq and policing of thejointly used dock and pronerty is provided by (check applicable items): fencing _ )e- security lightinn _ J� property owners presence contract security service Other (specify) DOCK INFOICNIATION 11. fist Dock Use Area Specifications: Width of shoreline: 2 ;)p ft. Length of main dock from shore. _ ��ft. Dock setbacks from side property lines at snore: _ C ft. and _ ? ft. Page 2 of 4 12. Dock Construction (check applicable items): <� seasonal dock (relocated or replaced each year) permanent piling with seasonal deck _. permanent piling and decking wooden decking _ metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock Pi Number of life preservers available at the dock c.IF �rt_Q- ✓lNy& C�Kl�ntex, f_vK �u ' 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips __ Transient (day use) off -shore buoys Permanent moorage slips Permanent moorage off -shore buovs _ Dry storage (rack) slips _ Maximum number of boats at the dock _I y 13. 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. _rj_ spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): _ stone rip rap _ wood seawall _ metal seawall concrete seawall __X grass and vegetation only _, r_ other (specify) 17. Depth of water at shorelinc: �%_ ft; at 50 ft. out: I!(— �; m 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS D-a1, I Ile 1'z, 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 : buoys. If off-street parking, do su.n age or other on -land functions are intended, these also should be shown on the plan. B. UNINCORPORATED GROUPS OR ASSOCIATIONS A list of the names and mailing addresses of all members and,'or slip users. A certified copy of the by-laws or agreement for joint use. Note. This copy is not required if the applicant initials and cen!ties the folios-ing statement. "This is a rennval application and ourjoint use dock is to be operated under the same by lair s or agreement originally made in __ _ (state year) and on file uith the Cm." Applicant's tmnals Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS 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. _Ly members 3. Acertified cop) 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 "Thisis a renewal application and majoint use dock is to be operated under the same anicles of incorporation and'or h; -laws as originally mad^ or last amended in _ C�/(sme ,year) and on file with the _ _ Applicant's initials D. ANNIt_\I_LICE�SE FEE- ALL APPLICATIONS P,mt Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE (550.00) S RENEWAL JOINT USE FEE, peryearS 20.0 a 1'I US SLIP EEE for each permanent moorage slip, lift. dr) stack, or buoy. 14 slips (a, 2.00 each $ _._ O G F LATE FEE ($25.00) ifapplication returned after 311l01 $ TOTAL DICE THIS APPLICATION S O LATE FEE - Renewals Application for renewal of licenses shal l be made no later than March 1 of the l icense year. The Cit) hall not accent renewal license applications received after March I unless the aonlicats tit.)' accompanied by a late fee of 525.00. 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 Ceunc7 will pass upon the application after complete review. THE SI;BIECT DOCK MAY BF. INSTALLED AND/OR OPENED FUR USE ONLY UPON APPROVAL. OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of dte Orono Municipal Code, the appl icant 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 rcesonabie time it, perform safety and code com/plilipsicee inspections. Signed _st='t1_f 4L'��' .._ _. Dale j Page 4 of 4 y 'i T— 'OREST' •yo. ( LAKE LAKE `- Slips 2-11 (10) 11' x 3.2' Slips 1, 12-14 (4) 11' x 21' 4. ''O \ FOREST ARMS COUNTRY CLUBDDITION P HOMEOWNERS ASSOCIA - r FOREST ARMS IMPROVRHENT ASSOCIATION 9� \ FOREST LAKE, ITY OF ORONO s a. .93 o •; S .•EXISTING DOCKS' wr11W W J u,Yu �.\ i�T.JB:� � T. • , _ f I,y�1R W Y W, mOYr�,�(w. � �.i . UF3G1tD �0A➢OITJ. -,y utmeVavcroee,we ...,....:..`..' MiF• ..:rT d nr ©. Iry N R,- exk�BlT G Rum- — Prl In •s N �a F- I J '� Iage Iq ills -(q RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE. DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2001 TO DECEMBER 31, 2001 WHEREAS, the City of Orono, hereinafter "City" is it 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 invokes an exercise of pol ice 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, 1. MCD, 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, iniw,i nu those who assert the commonlaw rights of riparian owners, whether or not they he commercial marinas or residential owners. HFREAS, as to I ake Minnetonka, a mutual right of enjoyment exists betty cen and is shared by riparian owns ano me public generally. no one riparian owner has exclusive privilege over Lake Minnetonka The only additional private right that any riparian owner may have over the public general h i s to conjtruct one dock to the navigable depth of the public waters. I here 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 ail suitable purposes in common with all other •iparian owners. Phis 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 rect:auonal benefits of the lake such as boating and fishing therein, the riparian owner ha, no exclusive privileges to there rights: and Page 1 of'_ WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all t.parian users of the lake arc 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 anti the following special conditions as they relate to an application for an annual Joint I Ise 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 26th day of March, 2001. Barbara Peterson. Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) I ss. COUNTY OF HENNEPIN 1 The foregoing instrument was acknowledged before me on this 26th day of March. 2001 by Barbara Peterson & Linda S. Vee. Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE 1. LICENSEE: Foxhill Homeowners Association Dock Address: 1801 Shoreline Drive Agent: Garfield Clark. Dockmaster Address: 1955 Heritage Drive, Wayzata, MN 55391 Licensee is: unincorporated homeowner's group X incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period - January I, 2001 to L Tember 31, 2001 II. BOAT DENSITY The number of in -place boat slips, ]ills and buoys shall not exceed the number sho-,vn on the attached plan. Exhibits B-I thin B-3, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior years license. Authorized Boat Density per attached plan Bay Smith's Transient (Day use only) Slips 0 Permanent Moorage Slips _13 Boat Lifts 0 Sub -Total: Slips at Dock . 13 Offshore &toys 0 Maximum Boats in Water JI Maximt.m Boats per prior license _13 MAXIMUM BOAT DENSITY _1�_ Exhibit A Resolution No._ Page 2 Exceeding this maximum boat density. or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code, III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B-1 and B-2. Any changes in this layout shall he subject to prior review and approval ofthe City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the I.MC I). 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. The maximum number of slips or moorings to be licensed in the future shall not exceed 16 provided that for am given year. the license shall be issued for no more than I boat per residence in the Foxhill Subdivision according to the findings set forth in the Resolution 1042 adopted by the City Council of the City of Orono on the 12th day of June. 1979. 2. Winter storage of dock pans and sections shall be permitted on Outlot `I between the time the dock is removed from the lake in the fall and June Ist of the following year. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution. but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. CITY OF ORONO LICENSE YEAR 2001 P.O. Box 66 Crystal Bay, Mn 55323 _ 952-249-4600 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 17, 2001 Date Application Returned to City Fee Received $ ^%(eo � By Employee Section 5.42, Subdivision 2. LICENSE REOUIRED - "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 my lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORNIATIO\ 1. Association title or name(ifany i_ yfiC %L�- ASSGYIATIQr1 2. Lake tNr�r:r=roN �A Bay SMt?}I_ -. Person responsible for this application: Name �p> — oEL4) 01-AW- Phone it>- A& 93/'� Mailing Address /9Ss Lea-Lr&L 19>R-L < ., f,p "Je )14l j 5539/ Relationshiploassociation (i Oc1-oiAs r ? 4. Association is (check applicable items). unincorporated homemvner s group. _ unincorporated club or recreation group. incorpora Ilomeossnei's Association. _ incorporated club or recreation group. 5. Principal purpose of joint use dock is (check applicable items)* xprovide boat mooring and lake access for residential property provide swimming access, beach. or offshore dock. pros ide a club or association gathering place for activities. Page 1 of 4 6. Dock is located on (check applicable item): one members private property. _property leased by the group/association. easement or outlet owned in common. -« property owned by the groupfassoeiation. 7. List Dock location and I ownership information: Streetaddress Hrst77Nc LAr-tc f C P-D. t5 ._. Legal property description Ct-T ,T -L Ca Xt4jr L- P I D 0 --- 117-43.4.,1_-00oA- _ Listed property owner(s) >=OYAI�� A%IoC,A-r.c�_ 8. Names/addresscs of abutting lakesH re property owners: (Borth/West) r)7ri lz'k-S �✓4a rati%t l<e t K c c c t-61,IJ ssl Z, (Sonth/East) AtC4�AtL- /. nlrn S r 1790 S-00'Z/ A: OZIV Names/addresses of other affected property owners (attach sheet if necessary): A//OrJE 9. Insurance Coverage - The jointly used dock is insured by one of the following Ix property owner's homeowner's policy. Z separate group association owned policy. List the following information: Name of insured r-Ox4ftt-t_ iiS.ocjAa24N Name ofinsumnce carrier tS Name of insurance agency NOR - r.l SYA ta=s Ac a.�cH ._ Policy No. e L S O4sSg t J Effective date of coverage 41 t I iuo r Amount of coverage: Public liability, per person, per ouurrence S. +ce4 eco Public liability, per occurrence S_� o[✓_t Orr 10. Security and policing of thejointly used dock and property is pre•. ided by (check applicable items): fencing f _ security lighting property owners presence contract security service _.__ other(specify)_,_____ DOCK INFORMATION 11. List Dock Use Area Specific,a ions: Width of sherel inc ,) Oi`f fl. Length of main dock from shore: �_ ft. Dock setbacks from side property lines at shore: 0 ft and SO ft. Page 2 of 4 12. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) permanent piling with seasonal deck _ permanent piling and decking wooden decking _ metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock '94 8snzr- Q.o>TS Number of life preservers available at the dock _ O^1 $r-. M f1_8/SLS 14. List number of slips in each category ("slips' includes boat lifts): Transient (day use only) slips Transient (day use) off -shore buoys _ _40 Permanent moorage slips . i Pemianent moorage oIT shore buoys 11 Dry storage (rack) slips (D _ Maximum number of boats at the dock _44Aon1sS It," -is 15. List number of off-street parkingces available for users of the joint use dock. Parking, if pro%ided must not be separated from the dock by any public road. 0 sf aces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): ,A_ stone rip rap _ wood seawall _ metal seawall __ concrete seawall grass and vegetation only , her (specify) 17. Depth of water at shc. cline: ___ ft: at 50 ft. out: _. __._: at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale. showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking. dry storage or other on -land functions are intended, these also should be shown on the plan. R. UNINCORPORATED GROUPS OR ASSOCIATIONS 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 forjoint use. Note. This copy is not required if the applicant initials and certifies the following siatemun "This is a renewal application and our joint use dock is to be operated under the same bylaws.v agreement originally made in___ (state year) and on file with the City" Appbcacd s tmtials Page 3 of 4 C. INCORPORATFD CLUBS OR ASSOCIATIONS I. A list of the names, mailing addresses and titles of all corporation officers. S� yi T'r lgcfl,zt� .�fSi 2. A s Cement as to the total number of members in the club or association. members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note These copies are not required if the applicant initials and certifies the following statement. "'this is a renewal application and our joint use dock is to be operated under the same articles of incorporation and'or bylaws as originally made or tut amended in (state scar) and on Ole with the City." Applicants Initials D. ANNUAL I ICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE (S50.00) S RENEWAL JOINT USE FEE, per year S 2ti PI. US SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. _ slips Ca 2.00 each S _ Z 6 LATE FEE (S25.001 if application returned after 31 i01 S _ „)S, cc TOTAL DUE THIS APPLICATION S 71.00 LATE FEE. - Renewals Application for renewal of licenses shall be made no later than March I of the license year. the Cite shall not accent renewal license avOications received after March I unless the aonlication is accompanied by a late fee of S25.00. REVIEW PROCEDURE When a complete application is receit ed, the application trill be ret iewed 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 re- iew. THE SUBJECT DOCK MAY BE INSTALLED AND OR OPFNFD FOR USF ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 3.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint W ck License Application, and agrees and authorizes the City of Orono and t ity s employ s a d agents to ewer upon the pmpent at any reasonable time to performs ety and de co lia �e i pections Signei_ _ _ Date_ cage 4 of 4 01% O 0 �t'kE8HO4�G., January 17, 2001 Greg Nybeek, Lxeculive Dire - Lake Minnetonka Conser strict 18338 Minnetonka Boulevard Deephaven, MN 55391 -3232 CITY of ORONO Municipal Omces Street Address: Mailing Address: 2750 Kelley Parkway P.0 Box 66 Orono, MN 55356 Crystal Bay, MN 553230066 Re: Foxhill Association - Orono License Histoty Dear Greg: Enclosed find Resolution"1043 (June 12. 1979) which granted Foxhill Homeowners Associauonl3 slips for 079 with a maximum boat density of 16 slips. This was based on an ultimate allowance of no more than I slip per home, with 16 total lots in the sub livision. The 16-slip allowance is furl`, documented in Resolution # 1042 (also attached). 1 am also enclosing Resolution #938 which is referenced in both 41042 and # 1043. Orono would, if requested, issue a license to FoxhiII for 14 slips given the current level of 14 homes in the subdivision. The number of actual slips licensed by Orono has varied between 8 and 13 over the last 15-20 ye r Please contact me at 952.249-4600 if you have any question_ Sincerely, r Michael P. Gaffron Planning Director encl. cc: Lili McMillan Telephone(952) 249-4600 • Flux (952) 249.4616 www.el.orono.mn.us m ad x a r9z RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO KELLY COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2001 TO DECEMBER 31, 2001 WHEREAS, the City ofOrono, 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 uf -the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the Stare of Minnesota: and WHEREAS, the regulation of the navigable waters involves an exercise of police powe: 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 o..mers 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 na igable depth of the public waters. 1 here can be no dispute but that the public generally and each riparian owner to LaKe ivt.nnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with ati other riparian owners. This right is a right not only to members of the public but the right to each riparian, owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights: and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights: and Page I of 2 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 ofthe Orono, tunicipal Code; and WHEREAS, the purpose of this Resolution is in set forth the above noted general conditions and concerns and the following special conditions as they relate to an application form annual Joint Use D(,ek 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 261h day of March, 2001. Barbara Peterson, ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March. 2001 by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corpora.'on 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 1. LICENSEE: Kelly Cove Homeowners Association of Orono Dock Address: 2497-2503 Kelly Avenue (Outlot A, Kelly Cove) Agent: Austin H. Evans, President Address: 2497 Kelly Avenue, Excelsior, MN 55331 Licensee is: _ unincorporated homeowners group _X incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1.2001 to December 31, 2001 11. BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B and C, and in accordance with Resolution 939, it.. no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Carman Transient (Day use only) Slips _ Permanent Moorage Slips 1 Boat Lifts Sub -Total: Slips at Dock 4 Offshore Buoys Mavistum Boats in Water 4 Maximum Boats per prior license _ MAXIMUM BOAT DENSITY 4 Exhibit A Resolution No._ _ Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or bucyE is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. 111. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. Licensee shall comply with all conditions and requirements of City of Orono Resolution No. 4279. 2. The maximum allowed boat density per Resolution No. 4279 is 4 total slips. Any increase above this number of slips is prohibited. The number of slips licensed for the current license period is 4. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to u! Lake Minnetonka or the premises in a manner permitted by this resolution, but the use �f Lido: Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. VI. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected styrofoam as a dock flotation material has been banned pe Ordinance No. 104. Second Series. CITY OF ORONO LICENSE YEAR 2001 P.O. Box 66 Crystal Bay, Mn 55323 952-2494600 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 17 2001 - Date Application Returned to City Fee Received S By Employee Section 5.42, Subdivision 2. LICENSE REOUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ...joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. ASSOCIATION INFORMATION Association title or name (if any) kcLty Ca✓F Noaro'lijas RSSoe,Arton/ or oxoNo 2. Lake MLm✓rMA/4'4 Bay C "Aloy 3. Person responsible for this application: Name 4 us-rta/ 14. L VA�J S Phone 6 a Y4 7/ ' / -7 O Mailing Address aaq'2 KCLLY AV[ NdC 4z(i!&-LS10g. MA/ 53�33� Relationship to association PRes l-'DeV—/ 4. Association is (check applicable items): unincorporated homeowners group. unincorporated club or recreation group. incorporated Homeowners Association. incorporated club or recreation group. 5. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Page 1 of 4 6. Dock is located on (check applicable item): one member's private property. property leased by the group/association. easement or outlet owned in common. property owned by the grouplassociation. List Dock location and ownership information: Streetaddress ?4J7- 4503 Xcu;e Ayenlvr.ExcecsioR, A44 5533) Legal property description OurtoT 'R ' kfl_ y C 6VC PIDN a,7-ll- 21 /2 OOSf _ RUrT/w LP.a.ra w,.AaQ Listed property owners) TI McTMy TMs-z- :Jb s AuuA XI P.C&* g. Names/addresses of abutting lakeshore property owners: (North/West) NO T /CNOwN (South/East) AQA9 [E�r Q. NaY ;t ?ei C AW 1'T JyAYz� MN_ 5'S'4 r Names/addresses of other affected prcperty owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: _ property owners homeowners policy. AL separate grouplassociation owned policy. List the following information: Name of insured Covy Ha"s;3 mmeti Alroc. ATIom OF 6/j6/t) O Name of insurance carrier TAE a/NeINMA" Cn MIAbVrR�r Name of insurance agency IRAM.'_/Sueu r AS6.veV Policy No. c.AP 77, /L 23 _ 8f(ectice date of coverage Amount of coverage: Public liability, per person, per occurrerce $ /I tM O_ 000 Public liability, per occurrence $ / 0oeaa-er0 10. Security and policing of the jointly used dock and property is provided by (check applicable items): fencing __ security lighting property ovsnei s presence contract security service other (specify) DOCK INFORMATION 11. List Dock Use Area Specifications: r Width of shoreline: a! D T' ft. length of main dock from shore: i A. Dock setbacks from side property lines at shore: GD ft. and / a S' _ ft. Page 2 of 4 12. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) permanent piling with seasonal deck _ permanent piling and decking wooden decking _ metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock Loe A TeS Number of life preservers available at the dock 4n a &-rr➢ /A/ /3 o 4a-S 14. List number of slips in each category ("slips' includes boat lifts): Transient (day use only) slips Transient (day use) off -shore buoys _ Permanent moorage slips _LTL Permanent moorage off -shore buoys _ Dry storage (rack) slips Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking. if provided must not be separpted from the dock by any public road. / 2t spaces. �RO�ION AND SEDIMENTATION CONTROL. 16. Shoreline is protected by (check applicable items), _ stone rip rap _ wood seawall _ metal seawall grass and vegetation only _ other (specify) _ _ concrete seawall 17. Depth of water at shoreline: O ft; at 50 ft. out: b at 100 ft. out: 10 +- REQUIRED ATTACHMENTS The following most accompany this application: A. DD9CK 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 c . docks, slips and buoys. If off-street parking, dry storage or other on -land functions at, .vended, these also should be shown on the plan. B. IJNINCORPORA' ED GROUPS OR ASSOCIATIONS 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 pat required if the applicant initials and certifies the following statement: "This is a renewal application and ourjoint 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 Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members A certified copy of the articles of incorporation and by-laws of the corporation. Note These copies are not remitted if the applicant initials and certifies the followinn statement: "This is a renewal application and ourjoint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state )eart and on file with the City." Applicant'sinitials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per , ear PLUS SLIP FEE for each permanent moorage slip. lift, dry stack, or buoy. _ !. slips @ 2.00 each LATE FEE ($25.00) if application returned after 11'01 20.00 I." TOTAL DUE THIS APPLICATION S Q, q ' 0-0 LATE FEE - Renewals Application for renewal of licenses shall be made no later than Marn;, I of the license year. The Cits shill not accem renewal license applications received after March I 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 Comminee The Cot: ail 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 5.4'_ cf the Orono Municipal Code, the applicant hereby requests the Orono Cin 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. ve,e Kle4lY ` e' [owtiYL7 Rfroe,AnaN u!oRarlo l Signeu _Glv�� Date Q2 ( %l Or "e,t.d F Page 4 of 4 Exhibit H m0.N M•4i i Q Resolution N . Q a6. \ 7 4. Kelly Cove \ •�•�I`' �Homeowners m . •ji �+ , Aaeociallon 1 / _ r _. _ _ - ' - +•"' - Approved Dock Location •vm-• i �_ Dun? o o. -- (4kr "14*r+a ^ v�4 r V � O 11� -r+ Approved Dock/Sllp Layout and Dimeoelooa RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 3155 NORTH SHORE DRIVE, 3185 NORTH SHORE DRIVE, AND 1406 BOHN'S POINT ROAD SUBJECT TO CONDITIONS'40TED HEREIN FOR THE PERIOD OF JANUARY 1, 2001 TO DECEMBER 31, 2001 WHEREAS, the City of Orono, hereinufler "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and respunsibility 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 Mice power of the State, LMCD, and the City of Orono, all of whi.:h 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 Minw-fr nka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with a' i� ter riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian eights; 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 26th day of March. 2001. Barbara Peterson. Mayor ATTEST: Linda S. Vee. City Clerk STATE OF MINNESOTA ) ) as. COUNTY OF HENNEPIN ) The foregoing instrument was acknowleuged before me on this 26th day of March, 2001 by Barbara Peterson & Linda S. Vee. Mayor & City Clerk of the Cit of Orono, a Minnesota municipal corporation and sai: 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 LICENSEE: Property owners of 3155 North Shore Drive, 3185 North Shore Drive and 1406 Bohn's Point Road Dock Address: 3155 North Shore Drive Agent: Emily Chapman Address: 1406 Bohn's Point Road, Wayzata, MN 55391 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 I, 2001 to December 31, 2001 BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted iu the prior years license. Authorized Boat Density per attached plan: M Trw.sieut (Day use only) Slips 0 Permanent Moorage Slips _3 Boat Lifts 0 Sub -Total: Slips at Dock 3 Offshore Buoys 0 Maximum pats in Water —.3— Maximum Boats per prior license 3 MAY.IMUM BOAT DENSITY 3 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 SeCion 5.42 Subdivision 2 of the Orono Municipal Code. Exhibit A Resolution No Page 2 DOCKLAYOUT The dock structure or layout authorized by this license shall he as shown on attached Exhibit R 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. This license is granted subject to the findings and conditions set forth in Resolution it1212 of the City council, snmmatized as follows: a) The three properties to which this Joint Use Dock License is granted are described as follows: (P.LD. 4109-117.23 33 0001) "That part of Gov't Lot 1 lying East of the West 442.93 feet thereofand North of the South 1058.3 feel thereof and South of Registered Land Survey No 269" (3155 North Shore Drive - Mandel) ii) (P.I.D. #09-117-23 33 0015) "Tract I and the 1Ves1 28.5 feet of Tract 11. Registered Land Survey No. 269" (1406 Rohn's Point Road - Chapman) iii) (P.I.D. 909-117-23 33 0016) "Tract G and that part of Tract 11 lying East of the West 28.5 feet thereof, Registered Land Survey No. 269" (3185 North Shore Drive - Aanestad) b) 1 hereshallbeonlyone dock allowed onthe Mandel lot(P.I.D.09-117-23330001)whichdockshall be no greater than 100 feet in length, and which dock must be constructed in accordance with all applicable City and LMCD ordinances, and which dock is intended to serve only the owners and their successors of the 3 properties described in a) above. c) On the Mandel lot (P.I.D. 09-1 17-23 33 0001) either attached to the dock, moored in front of the lot or located on the lot, there may not be at any time more than 'hree watercraft, as defined by the LMCD. either docked, moored, or stored. d) The three watercraft allowed may be owned only by the owners of the properties described in a) above Nothing in this license shall confer upon any person for the benefit of an,- property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of L ake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2001 NNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 12001 Date Application Returned to City ao Fee Received $ By Employee - Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. ASSOCIATION INFORMATION I. Association titleorname(ifany) 2. Lake .r'a ... Bay 3. Person responsible for this application: Name '. e; . _ Phone 1 - a . .. Relationship to association , n., ,, - •, -1 4. Association is (check applicable items) v unincorporated homeowner's group. _ unincorporated club or recreation group. _ incorporated Homeowners Association. _ incorporated club or recreation group. 5. Principal purpose of joint use dock is (check applicable items): v provide boat mooring and lake access for residential property. provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Page 1 of 4 6. Dock is located on (check applicable item): one member's private property. property leased by the group/association. _ easement or outlot owned in common. property owned by'the group/association. 7. List Dock location and ownership information: Sireetaddress % :..',G� t,'- Legal property description PIDN b0-';� i - Lcol Listed property owner(s) g. Names/addresses of abutting Lakeshore property owners: I�� _cV,! 1r'.,_ ?i-- X, -:I-IGY= bG dj/Fact) /.'i Pjec- It A A% ',"GI: e CY2 Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is insured by one of the following: _ property owners home,wner's policy. _ separate group/association owned policy. List the following information: Name of insured "L , - t Name of insurance carrier .1 Name of insurance agency Policy No. Effective date of coverage Amount of coverage: Public liability, per person, per occurrence S Public liability, per occurrence S 0- o 10. Security and policing of thejointly used dock and property is provided by (check applicable items): fencing _ security lighting _ property owners presence contract security service other (specify) H. List Dock Use Area Specifications: Width of shoreline: I ` ft. Length of main dock from shore: !' ft. Dock setbacks from side property lines at shore: ft. and _ ft. Page 2 of 4 12. Dock Construction (check applicable items): 7" seasonal dock (relocated or replaced each year) permanent piling with seasonal deck _ permanent piling and decking wooden decking __ metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock �L 14. List number of slips in each category ("slips' includes boat lifts): Transient (day use only) slips Transient (day use) off -shore buoys Permanent moorage slips Permanent moorage off -shore buoys Dry storage (rack) slips - Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking. if provided must not be separated from the dock by any public road. L spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): r( i stone rip rap _ wood seawall metal seawall ✓ _ grass and vegetation only __ other (specify) concrete seawall 17. Depth of water at shoreline: / ft; at 50 ft. out: -- �_--; at 100 ft. out: REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks. slips and buoys. If off-street parking, dry storage or other on -land functions are intended. these also should be shown on the plan. Xt_ -U B. UNINCORPORATED GROUPS OR ASSOCIATIONS .tt,. s : +;-eo'r, ,tp�J.ci7.L 1. A list of the names and mailing addresses of all members and/or slip users. A certified copy of the by-laws or agreement forjoint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and ourjoint use dock is to ce operated under the same by-laws or agreement originally made in 0, (state )car) and on file with the City" ?` _ Applicant's initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATION`S A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members 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 canines the following statement: "This is a renew at application and ourjoint use dock is to be operated under the same articles of incorporation andfor by-laws as originally made or last amended in _ (state year) and on file with the Ciw." Applicant's initials D. ANNUAL LICENSE FEE- ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. _� slips C 2.00 each LATE FEE (S25.00) if application returned after 3/ 1/01 TOTAL DUE THIS APPLICATION' 20.00 LATE FEE -Renewals Application for renewal of licenses shall be made no later than March l of the license year. The Citv shall not accept renewal license applications received after March I unless the application is accompanied by a late fee of $25 00 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 Citc's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Pace 4 of 4 Data is e NE `J ` /30 i • _W JQ910 - 3 sups 1998 3 swos Iofg9 3 s�ePs Exk • 8 p��ykrwv N-. 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, 2001 TO DECEMBER 3. .101 WHEREAS, the City ofOrono, hereinafter "City" is a municipal corporation organized and existing under the laws of the Slate 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 anc general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the propc.ty 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 surfac^ 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 ripe ian owner has no exclusive privileges to these rights; and Page I 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 ofthe 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 loran 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 26th day of March, 2001. Barbara Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March. 2001 by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota munw 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 1. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot k5 (510 Big Island) Agent: David Wiborg, Treasurer Address: 2147 Neilson St., Long Lake, MN 55356 Licensee is: unincorporated homeowner's group incorporated homcowner's association _ unincorporated club or recreation group X incorporated club or recreation group other License Period - January I, 2001 to December 31, 2001 BOAT DENSITY The numberof 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 pe.:itted in the prior years license. Authorized Boat Density xr attached plan Bay Lower Lake Transient (Day use only) Slips 45 Permanent Moorage Slips Boat Lifts — Sub -Total: Slips at Dock 45 Offshore Buoys Maximum Boats in Water 45 Maximum Boats per prior license 45 MAXIMUM BOAT DENSITY 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. DOCKLAYOUT 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 issuanceof this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. Compliance with conditions of CUP Resolution No. 3416. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other coml .ett regulatory authorities shall deem necessary from time to time in the public interest. CITY OF ORONO P.O. Boa 66 Crystal Bay, Mn 55323 952-2494600 LICENSE YEAR 2001 ... c / ...., ANNUAL JOINT USE DOCK LICENSE APPLICATION `, I y U: Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 17, 2001 Date Application Returned to City T Fee Received 5 ZC� By Employee Section 5.42, Subdivision 2, LICENSE REOUIRED - 9t is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in... joint use (of any Lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March I of the license year. 1. Association title or time (if any) l'Jia,s'arr Ka Pow " rt %Wunn PCd 2. LakeAltA1r1r7c?,VkA Bay 3. Person responsible for this application: NameDAVID wiBoec- Phone 95*1 4('23 1,Ukr Mailinc Address,2i4'7 A1LlLS„) 4r 20N6; LRKE MA,` SS4S! Relationship to association 1-411S -Vek 4. Association is (check applicable items): unincorporated homeowner's group. unincorporated club or recreation group. _ incorporated Homeowners Association. incorporated club or recreation group. 5. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access for residential property. provide swimming access, beach, or offshore dock. �._ provide a club or association gathering place for activities, Page 1 of 4 6. Dock is located on (check applicable item): one members private property. _ property leased by the group/association. _ easement or outlot owned in common. property owned by the group/association. 7. List Dock location and ownership information: Streetaddress 510 rile 150A,t) Legal property description BK SSLAND QJ: U>2 0 Ln 1 'p S PIDN3I-117 Z' / 4reio 2 Listed propertyowner(s) MoVAIE vkN PnwrP, SQy/10POW Names/addresses of abutting Lakeshore property owners: Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock i- insured by one of the followirg: property owner's homeowner's policy.. separate group/association owned polic;'. List the following information: Nameofinsured Al#yy,7r ara HCit'"2 S(4WIn2O.✓ Name of insurance carrier &CC 620u Name of insurance agency 7745L'iMICZ PD VH5a2S� J.VrL Policy No. U`64c4A t: t -cN( Effective date of coverage 7- 30 - 3OCO Amount of coverage: Public liability, per person, per occurrence E li Ocr oco Public liability, per occurrence s 1, Oeo� CaO 10. Security and policing of the jointly used dock and property is provided by (check applicable items): fencing _ security lighting x property owners presence contract security service _ other (specify) _ 11. List Dock Use Area Specifications: 5f— t f tt' g rr A7T ACHE D Width of shoreline: ft. Length of main dock from shore: ft. Dock setbacks from side property lines at shore: ft. and ft. Page 2 of 4 12. Dock Construction (check applicable items): 71— seasonal dock (relocated or replaced each year) permanent piling with seasonal deck _ permanent piling and decking wooden decking __ metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock f✓//7 Number of life preservers available at the dock N/0 14. List number of slips in each Cate ory ("slips" includes boat lifts): Transient (day use on!y)slips Transient (day use) off -shore buoys Pemumcnt moorage slips O Permanent moorage off -shore buoys Dry storage (rack) slips V _ 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. C- spaces. EROSION ]ND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap _ wood seawall metal seawall grass and vegetation only _ other(specif)) concrete seawall 17. Depth of water at shoreline: ft; at 50 ft. out: — : at 100 ft. out: __ REQUIRED ATTACHMENTS The following must accompany this application: A_ DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of thi . 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. I ININCORPORATED GROUPS OR ASSOCIATIQNS 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 forjoint use. Note: This copy is not required if the applicant initials and certifies the folloss ing statement: "This is a renewal application and ourjoint use dock is to be operated under the same by -tau s or agreement originally made in (state year) and on file with the City Applicant's initials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies arc notreoultfd if the applicant initials and certifies the following statement: "Thisis a renewal application and ourjoint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the City.' ppiicanfsinitials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee acco:ding to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip. lift, dry stack, or buoy. slips Q 2.00 each LATE FEE ($25.00) if application returned after 3/1/01 a a 20.00 TOTAL DUE THIS APPLICATION S 20 LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Cih. shall not accept istimal license applications received after March I unless the application is acco anied 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 ofnew 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-DWOPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pumuant 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. Signe � Date / 25/ 1 /1/) 5 ge 4 of 4 rJ�V u0 1=+3 :•9. HICKEY. pDG110". 4 EpFN cc YrY,?Jus4.. uw • .FFLrJ:;URYE:.lLr exIzz:'3FF Gy.vMUM" �•�•, I•� •r. -• � iu'• 1O 4^•- sit_::•`%- ; r.. IF• t "` • < Cif �•:iiTr_1 r \ V 3 1:= ,vClr r,l. eif •/ r •aonr.t— L'e _.•f,: TJf.Gr PAYADI_ IN I. «+ O'+1 'mns N Discn:BCD pl cpcn(Y Inn pw1U r• >:.d»n Ag7llrN, srllY _ ..1 lli l•Ci'H'�ln• r•lf � __ H nTA FOWCn ��VAU3CrN ` T'R-ATER ;:DVS_ 1w tea• 1 U CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 LICENSE YEAR 2001 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 17 2001 Date Application Returned to City / ,2.2- V/ Fee Received S 3C� ✓ By Employee r7z+�.a4•� Section 5.42, Subdivision 2. LICENSE REQUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application he to the City Clerk by March I of the license year. ASSOCIATION INFORMATION I. Association tilleorname (if any) h,_J...;y,__....:1- 2. _C-, V._ Bay 3. Person responsible for this application: NamA._A (,3ror-.._ Phone lc�,r, ;r A / is Mailing Address J, u.,� -_ Relalionshiptoassociation 4. Association is (check applicable items): 1� unincorporated homeowners group. _ unincorporated club or recreation group. incorporated Homeowners Association. _ incorporated club or recreation group. 5. Principal purpose of joint use dock is (check applicable items): 3e provide boat mooring and lake access for residential property. provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Page I of 4 6. Dock is located on (check applicable item): one members private property. _ property leased by the group/association. _ easement or outlot owned in common. property owned by the groupfmweiation. List Dock location and ownership information: Streetaddress VI 0- ].a y�,4 I I t.J •�_ _ Legal property description \ «� PID# /')...//n-'4Z a -00C 9 Listed propertyowner(s) S. Names/addresses ofabuttinglakeshore property owners: Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage -The jointly t, ad dock is insured by one of the following: ,' property owners homeowners policy. -_ separate group/association owned policy. List the following information: Name of insured Name of insurance agency ' a' Policy No.0o330t,-0b;1YA64 Effective date of coveYagem" r._ Amount of coverage: Public liability, per person, per occurrence U o,000 Public liability, per occurrence 1 / U L -( 00 U 10. Security and policing of the jointly used dock and propery is provided by (check applicable items): fencing _ security lighting property owner's presence contract security service _ other (specify) 1 r , r -,TU-n Lla 11. List Dock Use Area Speci nations: Width of shoreline: L7 C • ft. Leeg!b o1uo.,, deck from shore: ft. Dock setbacks from side property lines at scsr.: _. i, ft. and ft. Page 2 of 4 12. Dock Construction (check applicable items): X seasonal dock (relocated or replaced each year) permanent piling with seasonal deck _ permanent piling and decking wooden decking metal decking 13 List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off -shore buoys Permanent moorage slips Permanent moorage off -shore buoys Dry storage (rack) slips Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking, if provided must not be separated from the dock by any public road. / L, spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): stone rip rap _ wood seawall _ metal seawall concrete seawall grass and vegetation only _ other (specify) , ' �, c 17. Depth of water at shoreline: / ft; at 50 ft. out: S ; at 100 ft. out: // Q, REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on -land functions are intended, these also should be shown on the plan. B. I NINCORPORATED GROUPS OR ASSOCIATIONS A list of the names and mailing addres—s of all members and/or slip users. A certified copy of the by-lay. s or agreement forjoint use. Note: This copy is not required if the applicant initials and certifies the following statement: "This is a renewal application and ourjoini use dock is to be operated under the same by-laws or agreement originally made in _ _ (state year) and on file with the City." Applicanfsinitials Page 3 of 4 A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members 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 cenifies the following statement: "This is a renewal application and ourjoint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on Ole with the City." Applicant'si.dtials D. ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) RENEWAL JOINT USE FEE, per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. -5- slips Q 2.00 each LATE FEE ($25.00) if application returned after 3/1/01 $ 20.00 C. TOTAL DUE THIS APPLICATION S ' LATE FEE - Renewals Application for renewal of licenses shall be made no later than March 1 of the license year. The Cit shall not accent reogwal license applicatinns received after March I unless the application is accompanied by a late fee of $25 00 REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed__ �,. �..! ,,:.n ��..- _ _ Date Page 4 of 4 APR-30-2000 SUN 03:31 PM UAYZATA RV NO. 473 3932 P. 01 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO SANDY BEACH PLACE. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2001 TO DECEMBER 31, 2001 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 Stale Statute 462, el. 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 ofthe 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 most 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 bet%.:n 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, HE 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 26th day of March, 2001. Barbara Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) I he foregoing instrument was acknowledged before me on this 26th day of March, 2001 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE 1. LICENSEE: Sandy Beach Place Dock Address: 3995 North Shore Drive Agent: Robert Pieper Address: 1847 Shorewood lane, Mound, MN 55364 License Period - January 1, 2001 to December 31, 2001 11. BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B , and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub -Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY West Am 0 0 0 _5 0 _60 See Item IV4. y Exhibit A Resolution No. Page 2 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIA: 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. I. The five approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. 2. City may require written approval from abutting and affected property owners for each annual license review. 3. During the current license peril d, the City reserves the right to require a reduction in the number of license slips commensurate with any reductions of habitable dwelling units which may occur during the license year. 4. Because one cabin was demolished in 1991, leaving six rental units, the number of slips licensed for 1993 was commensurately reduced. The fire and subsequent demolition of an additional cabin in early 1994 left 5 rental units on the site, resulting in the reduction to 5 licensed slips for 1994 and future years. 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. RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2001 TO DECEMBER 31, 2001 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 concurtentjurisdiction 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 proNerty 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, amutual right ofenjoyment 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. i'his 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 Pagel 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 26th day of March, 2001. Barbara Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March, 2001 by Brabant Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono. a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIO.JS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I. LICENSEE: Victoria Estates Homeowmers Association Dock Address: 540 North Arm Drive Agent: Susan Wanner Address: 460 North Ann Drive, Mound. %N 55364 Licensee is: _ unincorporated homeowner's group _X incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period -January I, 2001 to December 31, 2001 IL BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B . and in accordance with Resolution 936, 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 North Arm Transient (Day use only) Slips 0 Permanent Moorage Slips 6 Boat Lifts 0 Sub -Total: Slips at Dock 0 Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per prior license 6 MAXIMUM BOAT DENSITY 6 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 . iolation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit E. 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. Six slips are approved for Victoria Estates Homeowners Association for 2000 subject to the stipulations set forth in Resolution 4962 dated December 18. 1978. 2. All boats permanently moored at this Joint Use Dock must he registered to the applicant property owners. Nothing in this license shall confer upon any person for the oene6t 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 nec,ssary from time to time in the public interest. CITY OF ORONO P.O. Box 66 Crystal Bay, Mn 55323 952-249.4600 LICENSE YEAR 2001 ANNUAL. JOINT USE DOCK LICENSE APPLICATIO_ _N Pursuant to Orono Municipal Code Section 5.42 Date Form Sent by City Staff January 17 2001 Date Application Returned to City 2-11ho ' //^�--f H Fee Received S 32� B}Employee - Section 5.42, Subdivision 2. LICENSE REOUIRED - "It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March 1 of the license year. r s s•�.: C11 1. Association title orname (if any) roa4els A-O( 2. Lakel/1.nne 4znLa Bay 1 3. Person responsible for Name S,r ea,*UJ Ct A r1 eP Phone Mailing Address 36 4. Association is (check applicable items): unincorporated homeowner's group. _. unincorporated club or recreation group. _...Zincorpomted Homeowners Association. _ incorporated club or recreation group. 5. Principal purpose of joint use dock is (check applicable items): —,.Zpmvide boat mooring and lake access for residential property. provide swimming access. beach, or offshore dock. provide a club or association gathering place for activities. Page 1 of 4 6. Dock is located on (check applicable item): one members private property. property leased by the grouptassociation. easement or outlot owned in common. _ property owned by the group/association. 7. List Dock location and ownership information: Legal property description/�uT f PID# C)J Listed propertyowner(s) 1 i /Yl 8. Name-daddresses of abutting lakeshore property owners: Names/addresses of other affected property o%Wcrs (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock is Insured by one of the following: property owners homeowners policy. _�_,4arate grouplassociation owned policy. List the following information: Name of insured L , c_It! Name of insurancecarrier ..0 AA. Name of insurance agency ! n Policy No. �2 x -j S Iq 3 i'2 Effective date of covers e Amount of coverage: Public liability, per person, per occurrence Public liability, per occurrence 10, Security and policing of the jointly used dock and property is provided by (check applicable items): _ fencing _ security lighting procerty owners presence contract security senice _other spe. 11. List Dock Use Area S cificatior� Width of shoreline: t) 1 Length of main dock from shore: S 6 ft. Dock setbacks from si a property lines at shore: ��L ft. and ft. Page 2 of 4 12. Dock Construction (check applicable items): seasonal dock (relocated or replaced each year) permanent piling with seasonal deck permanent piling and decking wooden decking metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock (� 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off -shore buoys Permanent moorage slips in Permanent moorage off -shore buoys Dry storage (rack) slips _ Maximum number of boats at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking. if provided must not be separated from the dock by any public road. n_ spaces. EROSION AND SEDIMENTATION CONTROL 16. Shoreline is protected by (check applicable items): _ stone rip rap wood seawall _ metal seawall grass and vegetation only other (specify) concrete seawall 17. Depth of water it shoreline: 3— ft; at 50 ft. out: ; at 100 ft. out 4-- REQUIRED ATTACHMENTS The following must accompany this application: A. DOCK PLAN - ALL APPLICATIONS A dock plan, drawn to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on -land functions are intended. these also should be shown on the plan. a. UNINCORPORATED GROUPS OR ASSOCIATIONS iVIO- 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 forjoint use. Note: This copy is not to uo iced if the applicant initials and certifies the following statement: "This is a renewal application end ourjoint use dock is to be operated under the same by-laws or agreement originally made in (state year) and on file with the City" Appbcant'sinitials Page 3 of 4 C. INCORPORATED CLUBS OR ASSOCIATIONS I. A list of the names, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. 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 foltaring statement: "This is a renewal application and ourjoint use dock is robe operated under the same anicles of incorporation and/or by-laws as originally made or last amended in (state dear) and on file with the City" AppGcanfsinitials ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application. Fee according to the current City Fee Schedule INITIAL APPLICATION FEE ($50.00) $ RENEWAL JOINT USE FEE, per year $ 20.00 PLUS SLIP FEE for each pe anent moorage slip, lift, dry stack, or buoy. slips Q 2.00 each $ LATE FEE ($25.00) if application returned after 311/01 $ TOTAL DUE THIS APPLICATION s 32 , u ll LATE FEE - Renewals Application for renewal of licenses shall be made no later than March I of the license year. REVIEW PROCEDURE When a complete application is received, the application will be reviewed b) the City Council and, in the case of newor unusual applications, also by the Planning Commission and MarinaCa•mtittee. 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 ofthe Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed _;4,,ia,(V'4.n. — J . tZl Date d �.c-c, Page of 4 Lake L to S V T - F7 U Z 0 J O m w Y a Q m V v Q J m� 0 0 O Q U) N co U) J cc to W O m V a �= 00 H i99i•� �►ra 6 �I9s9-6D a i993��0 /9tr-L 0. ru fffl• to Q / ; /979 D /fti-djp� Iyed — 4D 'gig ArJPer�y O,ll/le �J�y� JV{111,5d/� S 1 ) of ��rrYl/U J Inoin �i,Tlrli ili �� (noind ON Tom N- t9 ►�}': Y,n c) Jn j ✓l 1 YU Rene Sf nab LgLl d ill, F��,,, ►�� '. jam_ (��Il;z� say /V•.�� 'y>j�l;y,�c, S � ✓i?az-c�r n,/jam � ��,, RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO WALTER'S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2001 TO DECEMBER 31, 2001 WHEREAS, the City ofOrono, 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, el. 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 adioining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and Page 1 of 2 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 26th day of March, 2001. Barbara Peterson, Mayor ATTEST: Linda S. Vee, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of March, 2001 by Barbara Peterson & Linda S. Vec, 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. [K►]�D1HCtL`SY►I➢IIXYq :. lei ::.1 ► ► ►�• -- 1. LICENSEE: Walter's Pon Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: Ted Storlie Address: 2701 Kelly Avenue, Excelsior, MN 55331 Licensee is: XX unincorporated homeowner's group incorporated homeowner's association unincorporated club or recreation group incorporated club or recreation group other License Period - January 1, 2001 to December 31, 2001 II. BOAT DENSITY The number of in -place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit B, and in accordance with Resolution 93g, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior years license. Authorized Boat Density per attached plan: Bay Carman Transient (Day use only) Slips 0 Permanent Moorage Slips 5 Boat Lifts 0 Sub -Total: Slips at Dock 0 Offshore Buoys 0 Maximum Boats in Water 5 Maximum Boats per prior license 5 MAXIMUM BOAT DENSITY 5 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. Ill. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior m-- iew 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. I. Variances granted for 2001: a) West property line (extension of west line of Lot 2, Block 2, Walters Port) - 10' required, zero setback proposed b) Southeast property line (extension of southeast lineofOutlot 2, Walters Poll) -10'required, zero setback proposed 2. The five slips we approved for use by the following properties located in the plat of Walter's Port: Slip 1 - Lot 2, Block 2 Slip 2 - Lot 2, Block 2 Slip 3 - Lot I, Block 2 Slip 4 - Lot I, Block I Slip 5 - Lot 5, Block 3 (part of Lot I, Carman Bay Heights) 3. City must be notified immediately of any change in use or configuration of dock. 4. All boats permanently moored at this joint use dock must be registered to the applicant property owners. 5. Lot 5, Block 3 (pan of Lot 1. Carman Bay Heights) is allowed four boats maximum (I of lagoon, 3 at outer Lakeshore). Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. CITY OF ORONO LICENSE YEAR 2001 P.O. Box 66 Crystal Bay, Mn 55323 952-249-4600 ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5,42 Date Form Sent by City Staff January 17, 2001 Date Application Returned to City Fee Received S '16, 00 By v4dgz Section 5.42, Subdivision 2. LICENSE REOUIRED -" It is unlawful for any (group or association of persons or families, more than two in number, whether incorporated or not) to engage or participate in ... joint use (of any Lakeshore property) without first having obtained a license therefor from the City." Please complete all items and submit signed application, required attachments, and license application fee to the City Clerk by March i of the license year. ASSOCIATION INFORMATION I. Association title or name tfany) WA(f ed 7 1 6�" 2. Lake (NN l.Q�w/�a Bay CA I M e 3. Person responsible for this application: Name lt�b, ,. TO9-L( r� Phone �,7 7- Mailing Address 3,7101 f=Cll-y lli/a& Relationship to association 4. Association is (check applicable items): unincorporated homeowner's group. _ unincorporated club or recreation group. _ incorporated Homeowner's Association. _ incorporated club or recreation group. 5. Principal purpose of joint use dock is (check applicable items): provide boat mooring and lake access fcr residential property. provide swimming access, beach, or offshore dock. provide a club or association gathering place for activities. Page 1 of 4 6. Dock is located on (check applicable item): _ one membees private property. _ property leased by the grouplassociation. easement or outlot owned in common. _ property owned by the group/association. 7. List Dock location and ownership information: Street address _ Legal property description PIDN Listed property owner(s) _ P/S 8. Names/addresses of abutting lakeshore property owners: Names/addresses of other affected property owners (attach sheet if necessary): 9. Insurance Coverage - The jointly used dock js insured by one of the following: ao property owners homeowner's policy_ separate group/association owned policy. List the following information: i Name of insured Name of insurance carrier r�✓ thll' Name of insurance agency oG N !IL fF Policy No. -�$ Effe tivedateofcoverage Amount of coverage: Public liabi ity, per person, per occurrence $ ira' Public liability, per occurrence $ 10. Security and policing of thejointly used dock and property is provided by (check applicable items): fencing security lighting _ property owner's presence contract security service _ other (specify) DOCK INFORMATION �� /• / .1 I]��r 11. List Dock Use Area Specifications: Width of shoreline: ft. Length of main dock from shore: ft. Dock setbacks from side property lines at shore: ft. and ft. Page 2 of 4 12, Dock Construction (check applicable items): seasonal dock (relocated or replaced each IT, permanent piling with seasonal deck permanent filing and decking wooden decking _ metal decking 13. List Dock Accessories: Number of fire extinguishers available at the dock Number of life preservers available at the dock 14. List number of slips in each category ("slips" includes boat lifts): Transient (day use only) slips Transient (day use) off -shore buoys Permanent moorage slips ffPermanent moorage off shore buoys _ Dry storage (rack) slips Maximum number of bouts at the dock 15. List number of off-street parking spaces available for users of the joint use dock. Parking. if provided must not be separated from the dock by any public road. spaces. EROSION AND SEDIMENTATION CONTROL 16, Sho aline is protected by (check applicable i3t s): stone rip rap X wood seawall metal seawall grass and vegetation only other (specify) 17. Depth of water at shoreline: , ft; at 50 ft. out: /�; at 100 ft. out: concrete seawall REQUIRED ATTACHMENTS The following must accompany this application: f r ( (. n t A. DOCK PLAN - ALL APPLICATION S`,rr VO 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. i\ c ( B. LTNINCORPORAT.:D GROUPS OR ASSOCIATIONS (&i� 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 forjoint 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�tj 50(state year) and on file with the City." 7 Applicant's initials Page 3 of 4 x pia I . A list of the mimes, mailing addresses and titles of all corporation officers. 2. A statement as to the total number of members in the club or association. members 3. A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not malted if the applicant initials and certifies the following statement: "This is a renewal application and ourjoint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in (state year) and on file with the City." Applicanfswtials ANNUAL LICENSE FEE - ALL APPLICATIONS Joint Use Dock License Application Fee according to the current City Fee Schedule INITIAL APPLICATION Fi'E (S50.00) S RENEWAL JOINT USE FEE, per year E 20.00 PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy. slips Ca 2.00 each S LATE FEE ($25.00) if application returned after 3/1101 S TOTAL DUE THIS APPLICATION S_ LAI[E FEE - Renewals Application for renewal of licenses shall be made no later than March I of the license year. The Ci When a complete application is received, the application will be reviev ed 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 ode c tan inspect'4 Signed /_ Date /' Z- I G Page 4 of 4 i 6/i Z M �./! ii6.a-y7ietret la i S rs� 3 f tee C40 �� f 7,710 l.v. Y 7/ —d POO. n tA`00 N C0OTL-Cr 31 S&A LG.: �-- :•�P0.�s: A'•lEA' RGSOLUTION,B 2367 EXHrTs' �;—g-- __ .. UOC-K .. L.ty ouT I tr �•i t1T tt d�L. Ourto� 3 I s • 1ol..sl� —. ' a5.Si3 ' n.ir wry 8 i 3.• tOTLA . -(`lP1e.f4L Lp� mR4 HALTER'S PORT (11.cth)� ' ��^,{t :r�•;-_ _ __ _ OUTLor3- LOT, l ni.1 subject to Order of 4-25-84 _...FOQ $tt4, l iar a LPL 4 141tx cau• "or- 2. AL 1 59 = 's a �e� .... eL s . i f i �9 ���'•-•'..�•;.�__ :day, _ So-:''-= . •;�` ;q�6- ..... REQUEST FOR COUNCIL ACTION MAR 2 6 2000 DATE: March 22, 2001 �n t yr UnONU ITEM NO: r. Department Approval: Administrator Reviewed: Agenda Section: Name Ron Moorse City Adminisuato/s Ttlk City Administrator JW Report Item Description:Rcsolution-Long Lake Fire Station At its March 12 regular meeting, the Council discussed ,. number of issues related to the design and funding of the Long Lake fire station. The Council directed staff to draft a resolution setting out the parameters of the City's participation in the building and funding of the new fire station to house the Long Lake Volunteer Fire Department. The resolution is attached for Council consideration. COUNCIL ACTION REQUESTED: Mition regarding the adoption of a resolution setting out the parameters of the City's participation in the building and funding of the new fire station to house the Long Lake Volunteer Fire Department. A RESOLUTION ESTABLISHING THE PARAMETERS OF THE CITY OF ORONO'S PARTICIPATION IN THE BUILDING OF A NEW FIRE STATION TO HOUSE THE LONG LAKE VOLUNTEER FIRE DEPARTMENT BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: Section 1. BACKGROUND. 1.01. The Long Lake Fire Station needs to be replaced because it is being acquired by Mn/DOT as right-of-way for the Highway 12 upgrade project. 1.02. Mn/DOT will provide funding in the amount of $2.488 million for construction costs; plus additional funding for land costs, site preparation costs, etc.; to construct a replacement fire station. 1.03. The City of Orono believes a facility adequate to meet the needs of the Long Lake Volunteer Fire Depanment(I.I.VFD), now and well into the future, can be constructed with the funding provided by Mn/DOT, with proper design and construction oversight. 1.04. The outstanding issues related to the building of the fire station must not stand in the way of obtaining the funds from Mn/DOT. 1.05. The preservation of a positive, cooperative relationship between the Cities of Long Lake and Orono is of major importance. Reopening old conflicts is in no one's interest. 1.06. The building of it a fire station must not delay the Highway 12 construction timetable. 1.07. The Fire Chief, the Architect, and the Cities must be committed to working to find ways to minimize costs while meeting the identified facility needs. A proper cost/value relationship must be established. 1.08. Issues related to the ownership of the fire station must be resolved to the satisfaction of the three cities. Sntion 2. COUNCIL 4CTION. 2.01. The Orono City Council :foes hereby adopt the following parameters regarding the City's participation in the building and funding of the new fire station. A. The City of Orono hereby agrees to participate in the bui!ding of a facility, not to exceed 20,091 square feet, with a maximum contribution of $680,000 beyond the amount paid by Mn/DOT, subject to the following conditions: I. The additional contribution beyond the Mn/DOT funding amount will be shared among the Cities of Long Lake, Medina, and Orono according to the cost sharing formula set out in the current Agreement and Contract for Fire Services between the three cities. 2. The Fire Chief and the Architect will participate proactively with representatives of the three Cities as part of a design and construction team. 3. The design and construction team will focus on bringing the project in significantly under budget. 4. The Cities of Long Lake, Medina, u, -ono will come to an agreement regarding the ownership of the fire station that protects the interests of the three Cities. 5. The new fire station will be built on the 340 Willow Drive site in Orono. 6. If the final cost of the fire station requires less than the 5680,000 funding amount from the cities, the amount not needed will be placed into an account designated for future major capital equipment replacement for the LLVFD. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 2& day of March, 2001. Barbaro Peterson, Mayor ATTEST: S. Vee, City Clerk REQUEST FOR COUNCIL ACTION .,ccTING DATE: March 22, 2001 MAR 2 6 2000 ITEM NO: UI I Y Ur UHONU Department Approval: Administrator Reviewed: Agenda Section: Plante Ron Moone y�n/ ij, City AdminiMrvu 's Title City Administrator /Yl/ - 1 Report Item Description: Resolution Relating to Restrictions on the Use and We of Phosphorus Lawn Fertilizers 1 have attached two memos from the City of Shorewood regarding placing restrictions on the use and sale of phosphorus lawn fertilizers, and a copy of legislation that would put the restrictions in place. The City of Shorewood would like to have the support of as many cities as possible for this legislation. The adoption of the attached resolution, with revisions as the Council deems necessary, would provide the support Shorewood is seeking. COUNCIL AMON REQUESTED: Motion regarding the adoption of a resolution relating to restrictions on the use and sale of phosphorus lawn fertilizers. A RESOLUTION RELATING TO RESTRICTIONS ON THE USE AND SALE OF PHOSPHOROUS LAWN FERTILIZERS WHEREAS, the City of Orono is tributary to significant fresh water resources; and WHEREAS, there has long been established a well -documented relationship between the use of phosphorous lawn fertilizers and the degradation of water quality; and WHEREAS, as a matter of policy, the City of Orono desires to reduce the consumption and use of phosphorous lawn fertilizers; and WHEREAS, subject to unique circumstances, regional soil conditions have an abundance of natural phosphorous; and WHEREAS, industry leading fertilizer manufacturers and retailers have failed to produce and market low phosphorous lawn fertilizers to the public; and WHEREAS, over two decades of public education has had minimal effect when in competition with corporate advertising and their refusal to formulate to local needs; and WHEREAS, the City of Orono finds it important to encourage the reduction in the use of phosphorous lawn fertilizers within City; and within the Mimtehaha Creek Water Sbed District. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council declares its commitment to phosphorous lawn fertilizer reduction by encouraging the adoption of regulations regarding restrictions of use and sale of phosphorous lawn fertilizers within the City and within the Watershed District, BE IT FURTHER RESOLVED, the Orono City Council supports legislation restricting the We of any lawn fertilizer, liquid or granular, that contains my amount of phosphorous or other compounds containing phosphorous, such as phosphate, except, small quantities may be sold when a soil test indicates added phosphorous is needed to support healthy turf growth, or during the first year when new area or turf is being established. In addition, displays of lawn f6wizer containing phosphorous shall be limited to ten percent 3f the quantity of non -phosphorous lawn fertilizer on display at any given time. BE IT FURTHER RESOLVED, such legislation should require that displays of such fertilizer must be clearly marked as containing phosphorous, and must be separated from the display of other fertilizers, and that for each sale of such fertilizer the seller must provide the buyer with a copy of the appropriate printed consumer information. BE IT FURTHER RESOLVED, the Orono City Council does request and encourage its state legislative delegation to consider and enact legislation to regulate and limit the use and We of phosphorous lawn fertilizer. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 26th day of March, 2001. Barber Peterson, Mayor ATTEST: Linda S. Vee, City Clerk 2. c "CIO'CITY OF o2%�l SHOREWOOD `�"'a�'o ll 5755 COUNTRY CLUB ROAD • SHOREWOOD. MINNESOTA 55331.9927 r (952) 474.3238 FAX (952) 47e-0128 • www.clshorewooe.mn sea • UryMllOd.•aw•we•O IIw.Ua March 1, 2001 TO: City and County Managers/Administntors; Executive Directors FROM- Craig W. Dawson, Shorewood City Administrator SUBJECT: Legislation To Restrict Sale of phosphorous -containing Lawn Fertilizers Within the past few weeks, Shorewood Mayor Woody Love has sent a letter to elected officials in your organization requesting support (preferably through a City Council resolution) to initiate legislation to related to phosphorous -containing lawn fertilizers. Late last year, Shorewood adopted an ordinance that, with a few exceptions, aggressively restricted the use and sale of such lawn fertilizers. Shorewood believes that such action in necessary to safeguard and improve the water quality of the metropolitan area and, for that matter, the state. We have been encouraged with the amount of verbal support we have received thus far. We are still awaiting resolutions from city councils to affirm this support. In speaking with staff at the League of Minnesota Cities and the Association of Metropolitan Municipalities,[ have been told that these organizations will be supportive of our proposed legislation. As we have refined our strategy further, the proposed legislation will be clean and simple: • It will focus on water quality. • It will restrict the sale and use of such fertilizer. (Organic fertilizers would not be affected.) • It will relate only to lawn fertilizer — not agricultural or gardening uses. • It will be state-wide in scope. • It will have reasonable exceptions. The Minnesota Department of Agriculture has jurisdiction over distribution and use of all fertilizers. The legislation is not intended to reduce the Department's authority; rather, it is designed to establish what is necessary to assure water quality. Someone pointed out that in the early 1970s. the sale of laundry detergents containing phosphates was banned nationally as a basic measure to improve water quality around the country. Consequently. appropriate substitutes were included in detergents. The use of phosphates ended because they could no longer be sold. A similar case can be made with phosphorous: by regulating its sale, its use will large[) disappear. Our legislation will be introduced within a few weeks. A statement of your support by Much 15 will greatly enhance the likelihood of its success. If you have questions, please call me at (952) 474.3236. rewreo a• eecraeo rues FlECGiV _D !AAA 2 9 2001 CITY OF U11 I �1101N° SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331-6927 • (952) 474-3236 FAX (952) 474-0128 • www.ci Shorewood mn us • cityhell0d Shorewood tun us March 19, 2001 TO: City Managers/Administrators, Executive Directors, d Others FROM: Craig W. Dawson, Shorewood City Administrator SUBJECT: Legislation regarding Lawn Fertilizers Containing osphorus (SF 1789) First, I wish to thank those of you who have worked with your governing boards to show support for a legislative effort to strongly restrict the use of lawn fertilizers that contain phosphorus. (1 have included a summary of actions taken by those the City has contacted asking for a resolution of support.) As you know, we have spent the past few weeks drafting a bill and seeking legislative authorship for it. Today, Senator Linda Higgins, with Senators Jane Ranum and Don Samuelson, introduced SFI789. It has been referred to the Environment and Natural Resources Committee of the Serrate. The bill must be reported out of Committee by Friday, March 30, to remain alive for this session. This bill is more sweeping than HF 1508 and HF I524. which would restrict the use but hardly affect the of these fertilizers statewide or in the) actropolitan area, respectively. While the text of SF 1799 looks a lot like thew House bills, the ke} difference is in Subdivision 4 of SF 1789. a It would prohibit mow' the ak of such lawn fertilizers (with a few reasonable exceptions). The other key difference in SF 1789 is duet it would be codified in the water quality section of Minnesota Statutes, and be administered and enforced by the Minnesota Pollution Control Agency The fertilizers affected by this legislation wou!d be ...dy those used for lawns (or `turf' as defined in the bill). It would not apply to fertilizers used for agricultural or gardening purposes. Controlling the Uh of lawn feKilizers is one of the most economical best management practices to improve the quality of water b .jkcs, streams, and wetlands. Yeah of consumer education have come up short. SF 1799 would significantly change the approach taken to remove the unnecessary use of an unnecessary element — pMsphorus — for lawn care. 1 would encourage you to contact your legislators to indicate your support of SF 1799. As I've learned from speaking with many of you, the provisions of this bill would offer the best approach thus far to attain the goals and objectives of your water quality management plans. w re�xrlo a ercvci 10 rene Minnesota KEY: eirdeMew - old language to be removed underscored - new language to be added NOTE: If you cannot see any difference in the key above, you need to change the display of stricken and/or underscored language. Authors -end Status m List versions S.F No.1799, as introduced: 02nd Leg4lative Session (2WA-2002) Posted on Mu 16, 2001 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.9 1.9 1.10 1.11 1.12 1.13 1.14' 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.6 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 A bill for an act relating to the environment; providing for limitations in the use and sale of phosphorous lawn fertilizers; requiring rulemaking; appropriating money; amending Minnesota Statutes 2000, section 115.01, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 115. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2000, section 115.01, is amended by adding a subdivision to read: Subd. 21a. (TURF.) -Turf- means land planted in closely mown. manaued creases and includes. but is not limited to privateresidential and commercial residential PrORerty, c d p ocerty owned by federal, state, or local unite of Government. Sncludina narks. recreation areas, and Public Golf courses. Sec. 2. 1115.1751 [PHOSPHOROUS TURF FERTILIZER.) Subdivision L. [PHOSPHOROUS USE PROHIBITION.) jai http://w .revisor.leg.state.mn.us/cgi-bin/bldbill.pl7bill=S1799.06:snsion=lsg2 3/19/01 2.19 121 provide plintg1d and f ee- f-charag V2nawgf 2.20 inform-tion. as deacrib d in Claus (1)to versona uurchaaing 2.21 fertilizer containing the Plant food vhosohoroue. 2.22 Subd. /. (RESTRICTIONS ON SALE AND DISTRIBUTION OF 2.23 PHOSPHOROUS LAWN FERTILIZERS.] Effective August 1 2002 no 2.24 person firm corporation franchise, or comercial 2.25 establish"nt may sell lawn fertilizer, liquid or granular, th 2.26 contains any amp nt of Phosphorous other compound containin 2.27 Phosnhoroua such al Phospbate,except gis provided in 2.20 _subdivision 1. 2.29 Subd. 5. (PENALTY.] After August 1 2002 the agency my 2.30 as3es3 an ad_1 istrati a penalty of $ fora viQlAtl2n o 2.31 this section. 2.32 Sec. 2. IAPPROPRIATION.1 2.33 $....... is apprnpriated from the gengral fund to the 2.34 pollution control aaencv for the 2002-2003 biennium for the 2.35 Pur es of section 1. http://w .rcvisor.leg.statc.mn.ustcgi-bin/Ndbill.pl?bill=SI 789.0&session=ls82 3/19/01 igm Minnesota Senate Senate Bill Statue Document Display Document I of I 8gnate Bill Btatna Bwsah Form House Bill Status search Pow Bill Manor: SF1769 Bill Text Revisor Humber: 01-3721 The ILgOse Status shows the House actions on SF1789, if any have occurred. Short Description: Phosphorous lawn fertilizers use and sale restrictions kong_Descrjpt-kgn Chief Author: Higgins Author: Ran= Author: Samuelson The log of Onotf icial gtiQzl� includes committee actions and initial committee hear Official Actions Do to Action caeeai ttea/17oscriptioss JD. Ro11 Call 03/19/2001 Introduction and first reading 03/19/2001 Eeferred to Environment and Natural Resources Senate _Bill gi; t _seeroh row Hpuae Bill Status search son hn.../DDW?W=session_ number+=+0+f&.;. +PILE_SEARCH+inc+'sfl789'+and+lsyear+eq+'82 3/19/01 City of Shorewood Contacts for Fertilizer Legislation 03.15.01 Status on action re: Resolution supporting legislation restricting use and sale of lawn fertilizers containing phospborua Apple Valley Resolution at March 22 Council meeting Bloomington Resolution at March 22 Council meeting Bumsville Board of Water & Soil Resources Will await direction of MN Dept of Agriculture Chanhassen Deephaven Resolution at March 19 Council meeting Esgso Eden Prairie Adopted Resolution Excelsior Adopted Resolution Greenwood Hasings Hennepin County Board aeveral commissioners are supportive Hennepin Parks Hopkins Lake Mtka Conservation District Adopted Resolution Lakeville Council will be considering Resolution Long Lake Adopted Rewlutiou Mendota Heights Minneapolis Resolution at March 23 Council meeting (Colvin -Roy, McDonald` Mimtebdha Crack Watershed Dist AdovW Resolutio MimesMa Association of WS:_a Resolution adapted by Board Minnetonka Resolution at March 19 meeting Miapelwlu Beach Mimew"ta Supports legislation, provided local ordinance is not necessary Mound Council plans to adopt Resolution Oakdale Environmental Committee supports Orono Is supportive of resolution; plans City Council consideration in March Plymouth In City's Resolution of legislative priorities Ramsey -Washington Metro WSD Riley -Purgatory -Bluff Creek WSD Rosemount Resolution will be considemd soon by Council Saint Louis Park Its water management plan supports restrictions for such fertilizers Saint Paul Spring Park Tonle Bay Is supportive of resolution Victoria Is supportive of resolution Wayzata Is supportive of resolution; plans City Council consideration in March West Saint Paul Woodland -• ••cFTINO REQUEST FOR COUNCIL ACTION AR 2 6 2000 DATE: March 23, 2001 r � ORONo 8 ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name Ron Moore City Adminis"to/s Tnk City Adminis"tor Ao ] Report Item Description: Park Commission Appointment The Council has interviewed three candidates for the vacant position on the Parks, Open Space, and Trails Commission. The Council may at this time make the appointment to fill the vacancy. COUNCIL ACTION REQUESTED: Motion to appoint a candidate to serve r three-year tens on the Parks, Open Space, and Trails Commission expiring on December 3 i, =u03. rnn.,, stcvTlNG REQUEST FOR COUNCIL ACTION MAR 2 6 2W DATE: March 23, 2001 Cl I Y 1 UMONU U ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name Ron Moorse (� City Administratoes Title City Administrator A Report Item Description: Planning Commission Reappointments Liz Hawn mid Sandy Smith are both serving their second three-year terms on the Planning Commission. Their terns expire on March 31, 2001. Both have i dicated their interest in serving an additional term. The Council may make the reappointments at this time. COUNCIL ACTION REQUESTED: Motion to reappoint Liz Hawn and Sandy Smith to additional three-year terms on the Planning Commission, beginning on April 1, 2001, and exp,ing on March 31, 2004. r,­_-'TING REQUEST FOR COUNCIL ACTION MAN [ u Ulv DATE: March 22, 2001 UI I r yr UHUrtU /0 ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name Ron Moorse n City Administrators Title City Administrator /y/ C/iLt Report Item Description: Resolution - Child Abuse and Neglect Prevention Month Attached is a letter from C.H.A.S.E. (Creating Healthy and Safe Environments) for Families, requesting the Mayor and Council proclaim April as Child Abuse and Neglect Prevention month in Orono. A resolution to do so is attached for Council consideration. The letter als, requests the City to display one blue ribbon for every abused or neglected child from Orono served by Hennepin County child protection workers in 2000. The number of ribbons to be displayed in Orono would be four. COUNCIL ACTION REQUESTED: Motion rega: ling the adoption of a resolution proclaiming April as Child Abuse and Neglect Prevention Month in Orono. Motion regarding the display of four blue ribbons at city hall to reflect the number of abused or neglected children from Orono served by Hennepin County child protection workers in 2000. Initiative f« Violence -Free Families Ron Marine City of Orono PO Box 66 Crystal Bay, MN 55323 Dear Mr. Moorse: As the officially recognized Child Abuse Prevention Council for Herupin County, we, the representatives of C.H.A.S.E. (Creating Healthy and Safe Environments) for Families, are writing to enlist your city's help in making this year's Child Abuse and Neglect Prevention Month a countywide campaign. As you may know, each year communities across the United States designate April as Child Abuse and Neglect Prevention Month. Many of them use this time to raise awareness about child abuse and examine the roles each sector of the community must play to protect and nurture every child. This yew it is our goal to encourage every municipality in Hennepin County to mark the importance of preventing child abuse and neglect sometime during the month of April. Our theme is 'Children Are Precious -Handle wish Care. Learn. practice and promote non-violent discipline" Specifically, we are asking'. 1. Your city councilor Mayor to proclaun April as Child Abuse and Neglect Prevention Month in Orono; and 2. Your city building to display one blue ribbon for every abused or neglected child from your city that was served by Hennepin County child protection workers in 2000. For Orono, that number was four. The total number of children on child protection caseloads in Hennepin County was 1,891. It is our hope that as each year passes and as everyday citizens take action to prevent child abuse, the number of blue ribbons we see throughout Hennepin County will decrease. These first steps we arc asking you to take may seem small, but we believe raising awareness precedes change, especially when a powerful message comes from city leaders. Please refer to the enclosed material to see the Hennepin County Board's resolution proclaiming April 2000 as Child Abuse and Neglect Prevention Month. The Child Abuse Prevention Month Community Response Packet also contains a draft proclamation. '.'on may want to use some of this text for drafting your city's proclamation. We also included a packet of information for cities wishing to hold special events, or that want ideas for action steps to be launched during April. We hope this is the first in a series of partnerships between your city and our Child Abuse Prevention Council, CHASE for Families. Please contact our staff person. Lois Gunderson, if we can assist your efforts in any way. Sincerely. W..c• 1�� I �ti�z` � _ Cle sea Brown Co -Chair. C H.A.S.E for Families ly Vicky Mey Co -Chan, I -A SI for Fam�hes 414 South Eighth Street. Mirrteapoiis. MN 55404 • Phi 612-341-1609 a Fax612-339-9150 Lois Gmde.san 6 teamette Raymond. Project CuorAinators • Karen Girardeau. Co mvicatiwu at Famay 6 Clibeni Service www lrtt.urg A RESOLUTION PROCLAIMING APRIL AS A CHILD ABUSE, AND NEGLECT PREVENTION MONTH IN ORONO WHEREAS, violence is a public health epidemic; and WHEREAS, last year, child abuse and neglect robbed at least 1712 Hennepin County children of a safe and nurturing family environment; and WHEREAS, children who are reported abused and neglected are 67%more likely to be arrested between the ages of 9 and 12, do less well in school and have an increased probability of future violent acts against family members; and WHEREAS, research by the University of Minnesota and others confirms that most cases of physical child abuse are cases of punishment that gets out of control; and WHEREAS, research and efforts by community, health and social service agencies have demonstrated that forms of discipline that do not include the use of physical punishment are in fact more effective to teach children what they need to learn while simultaneously reinforcing to both children and parents that conflicts can be resolved without the use of physical violence and punishment; and WHEREAS. April is National Child Abuse and Neglect Prevention Month; NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council does hereby designate April as Child Abuse and Neglect Prevention. Month in Hennepin County. BE IT FURTHER RESOLVED, that the Orono City Council endorses efforts by the Initiative for Violence -Free Families and Family of Children's Service, as well as efforts by the community and Counu, Government to encourage Hennepin County residents to [cam, practice and promote non-violent discipline techniques. BE IT FURTHER RESOLVED, that the Orono City Council recognizes the Initiative for Vioience- Free Families in it's National Blue Ribbon Campaign to end child abuse. Adopted by the City Council of the City of Orono. Minnesota a,a regular meeting held this 26th day of March, 2001. Barbara Peterson. Manor ATTEST: Vee, City Clerk n .1cFTINt3 REQUEST FOR COUNCIL ACTION MAR 2 6 2000 DATE: March 15, 2001 ,, t Y ur ORONU I ITEM NO: Department Approval yy� Administrator Reviewed: Agenda Section: Name Tom .:uehn '/6-00 " City Administrator's Title Finance Director {�/�, Report Item Description: League of Minnesota Cit s Insurance Trust Billing Regarding Hoyt Litigation Attached is a letter from the League of Minnesota Cities Insurance Trust (LMCIT) summarizing the total costs incurred regarding the Bradley Hoyt litigation, and indicating the amount which the City is responsible. The Court granted summary tudypeat to the City and lherewastilt claimgamut made toMr. Hoyt. However. the LMCITdid incur defense costs in the amount of $160,730.40. The City's share of these costs is $17,609.56. In addition the City paid S7,505.24 to Hinshaw & Culbertson for legal fees, and $435.00 to other vendors. COUNCIL ACTION REQUESTED: No action required. Information item only. L Ly.•./Mfi,n .04. Can'.. rA.ee're.sL.�. February 22, 2001 Ronald Moorse, City Administrator City of Orono PO Box 66 Orono, MN 55323-0066 RE: Trust Member: City of Orono Claimant: Bradley A. Hoyt Our File: 11027190 Dear Mr. Moorse: 145 Univer.tty Avenue W..t, St. Pau), MN 55103-2044 Pkonc: (651) 281.1200 • (800) 925.1122 TDD (651) 281-1290 12VIC FA.: (651) 281A299 • 1-MCIT F..: (651) 281-1298 Web Site: http://..lmnc.ord As you know, this claim has come to a conclusion. Mr. Hoyt alleged that he lost the sale of some property he owns due to Mr. Vang's statements that he had violated certain city codes and ordinances in connection with building a retaining wall on his property. The city prevailed on the matter. The Court granted summary judgment to the city. There was no claim payment. However, we did incur S 160.730.40 in legal defense costs. Attached is our computer printout reflecting the payments. As per my letter of June 21, 1999, LMCIT handled this claim as land use, development or franchise litigation. The coverage agreement states that LMCIT wil l pay 100% of the first 550,000 of defense costs and 85% of the next $200,000 of defense costs. The amount LMCIT pays for damages or defense costs for land use, development or franchise litigation is subject to the Municipal Liability Deductible shown in the Municipal Liability Declarations. That deductible is 51,000.00 per occurrence. In this case, the city's responsibility i $17,609.56. at is $1,000.00 for the first $50,000 of defense costs plus 15% of $110,730.40 nse costs over $50,000). Please issue a check for 517,501 56 payabl to LMCIT and forward it to this office. Attach a copy of this letter with your chink or tefe nce our file number of 11027190 on the check. If you have any questions, feel free to contact m at 651-281-1282. AN EQUAL UITUIt I UN I IY/AfYIMMA I IV At IwTEMfW1G i- Date: March 23, 2001 To: Ron Moorse, City Administrator 11cTINO From: Stephany Good, Chief of Police/ MAR 2 6 = Re: Gear West Foot Race - April I, 2001 Utt r k r ut1QNU I have reviewed the special event request. I could not locate any prior permit for this event so I do have a few comments and a suggestion. The route indicated by the organizer would require the runners to cross two hazardous intersections. Willow Drive and Fox Street because of its layout, and Fox Street and South Brown Road because of the higher speeds and stop signs only for Fox Street. 1 believe that a police presence should be required at the latter. Traffic control personnel to direct runners could be used for the remaining intersection. 1 do have a suggestion that would improve the safety for all concerned and remove the requirement of hiring police. If the organizer would reverse the route; going west on Orchard toward Willow. By doing so, and running on the left, the runners would still be facing traffic. However, at all of major intersections they would not have to cross a lane of traffic, but stay on the same shoulder portion of the roadway. This is especially important at the South Brown and Fox intersection. In the event that the route cannot be altered, arrangements for a police presence would need to be made. As the timing is so tight, between permit application and the date of the event. we may be hard pressed to fill the request. It would be quite helpful in the future to have as much notification as possible. PARADES & SPECIAL EVENTS PERMIT APPLICATION CITY OF ORONO, MINNESOTA Permit #: Fee: S50.00 I C N l r Date Received:_ A/ Phone Number: 9sa y73' 037-7 Name,. 6-QIk KAITALA- U A R WEST Sk'I r SIkE Address: (I R b W W AY ZA TA D L VD. city, State, zip: LO Al b LA kU-/ M IV X f A/ 111i /t (At L ti t? OOk PA" Location of Parade or Event: CTA ET /IN1� f,roWN Fp, w! ._.ir ,aVt APPaciGwu-rriV 1,•5 MfLFf tr t2AC6 Ake OAI AFRIt I I0'00 —II:O0FlM nve, Date of Event: .� 0 0 I Hours of Event: Type of Event: 3• ( MILC- PVNA/IA/(, (PACE Insurance Company: .STArfi= FA P-m Amount: , 00 0. quo (Copy of insurance cerrUlcate, on which llte City, its agents and employees are named as additional insured, must be submitted with this application) I am aware ofall applicable State and other laws regarding parades and special events and will abide by same. 1 also agree to hold the City of Orono harmless from all liabiliti�- that may arise directly or indirectly from the parade or special event approved by the granting of this permit. 1 understand some events may require off -duty or reserve officers and a fee may be required for these rvlces. 3 0/ Signet ty Date Approved: u Denied: O Remarks: , I L (I F [At i, ii tl t 0a t- CITY of ORONO Municipal oRka 5traet 6dlnss: Mailing Wnu: 227500 Kelley Parkway P.O. Bar 66 DATA Pl975AC1,5Am1SORY Crystal Bay, MN 553230066 In accordance with M.S. 13.04. Subd. 2, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will he used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the city deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 13.04 to review private data on yourself. 6. Your full name is required to process this application or permit. Middle Phone I understand my rights as stated above. State Lut Date Telephone (952) 2494600 • Fee .') 2494616 wW A.orow,ma.w vJ31^Ov2PfJ1 :J:44 E1:a''-bE5: S..TiFAPh11IG PAGE raj CERTIFICATE OF INSURANCE gTA 1t' F AR 4r FIRE AND CASUALTY COMPAN• WCOmmglon, hna0,s Ths ceddws min n Srt: E FARM GENERAL INSURANCE COMPANY BIO(Immgton Ill n f 1FI E V AOiM TIRE A IO CAS'JA.r+' CJ1'PANY. ScarbOfoogh, Onla") rL f AHM FLORIDA INSURANCE COMPANY. Winfer Haven, rlcuda cT..' E r ARIA L.OYOS. Oo,tas. TO," wing pol,vhuvt••, • "nr reveragas ind�Ofe". DeWw Na:aa of POIIWIsel, SY: erne Addrofa of Putoyhr ldar =R• FL'] Loratmn of OPeretlons- Descri,1.C,n of opera',. r . .Its TM pohoes hst A below na•,• +n - ssaeo ;o the POIKYWder In, me pony periods shown The msufance described in these c4i m mgsa :o eV fee terms s• r •.[-^s+' conditions W those pNkies The :-m:s of hapdty shown may have been ?clouted by any psul Haim' POLICY PER100� LIMITSOFLIMITSOFL�— POLICY NUMBER TYPE OF INSURANCE I ERecGw Dafa EepirMlOn O*1* (At bonlnning Of pOIICY P@flddl _ _. '--- Bpp4r IN.hFi AN. ' OOmP""o"'a PROPERTY DAMAC. Ay^q. n;a•. •: IBs.M45 uabdity � .1 ��'.. .. f. '. ".......I Tha infumce u¢Wdes i []+ Prnrw;fs fompiagd Ope?a:ens © r;r•'•raLlual Liability Jr ivground Hazard Coverage I Each Occurrenq © Personal n )ry If^AdmmsingInjury General Aggregate r• EpJnaion Hutted CPrardge [1 I.rsA C razed Covera6e OpProducts-Com3t )J.1 I erw a:na Aggregate oainnn Rnna Y IN.URY AND PROPERTY DAMAC I!*' 5S LIABILITY I EMecGa Defa E.Primion OaNJI (Combr.e4 Single ,mlq [j Jn.:unlb C 1 Each Orcurrenca S L� DrhM.. i,Yprhery i;ompaasPlgn line P •y?ye•f 4aon ty POLICY NUMBER I TYPE OF INSURANCE Part 2 BODILY INJURY Each Avidenf S Disease Each Employe 3 Orsoase - POhty Limit 3 LIMITS OF UASILIT• fat beOlnnlnd Of PW1cy Peffdd) AMENDS. EMT EN05 OR ALTPRV THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. It ant, of me d6samed Ponce are :111'C04d 1,. ds efpdabon sate State Fa,r w^I I•y :r Malta w Ponce to the cennrcata hold*? days t N- . o-,%&MCend¢ate Holder cancellal.Or Ir?beaver "fail M mall such r nc opagatMn of liability will of mlpbee On 71TY ^F Ja Farm or df a�g.yms or repreWlllah'v.ya ''''II $gnatwe of Aemgd— pre{enYtlee a:eV• 'j Twe r _. AOemY Code Slamp AsOceea ftem SIM ­-TING -TINO I/ MAR 2 6 2OW CITY OF ORONO Tuesday, March 20.201 CI I Y Lit OHUIYU Check Summary Register Pa9a l 011 Name Check Dab Check Aml 10100 Primary Cash Paid ChM 070843 CITY COUNTY CREDIT UNION 3121101 S78N W Paid Chit 070844 FIRST NATIONAL BANK OF LANES 3/21101 $18, 520W Paid Chk80708a5 ICMA RETIREMENT TRUST -a57 3121101 03W.W Paid Chk8070646 LAW ENFORCMENT LABOR SERVICE wU01 $46200 Paid ChW 070017 MN DEPT OF REVENUE Mimi S3,667.13 Paid ChW 070MB ORCHARD TRUST CO. TRUSTEE/CUST 3121MI S1,899.68 PNB Diks 070949 PEBSCOIOBRA W21/01 58.91 Paid Chk0070850 PEBSCOIUS CONF OF MAYORS 3R1/01 $2, 317.00 Paid CWW 070&51 PUBLIC EMPLOYEES RETIREMENT MIMI $1D 655.20 Pail Chk# 070852 UNITED WAY Mimi S24 W PN8Chk8070053 WISCONSIN SCTF V21MI S18c62 TO l Checks $45.932.93 CITY OF ORONO Fr10ar. March 23. 2001 Check Summary Register Paw I of 2 Nam, CM kO9. Ch,ck Arm 10100 Primary Cash Pak CM# D70854 MN DEPT OF REVENUE 3202001 S609W Pak Chirp 070856 A . GALLAGHER B CO OF MN, INC 3262001 SIA00.00 Pak ChM 070856 ADT SECURITY SYSTEMS =Sr"1 $786.89 Pak Chk#070857 BONESTROO ROSENE B ASSOC. 3/26R001 $7.333.14 Pak ChM 070058 BUDGET PRIN.ING 3262001 $210.75 Pak Cha 070859 COFFEE MILL 3252001 $164.00 Pak CkM 070860 CYS UNIFORMS 7262001 5227.50 Pak Chk# 070561 DALBEC ROOFING =SI2001 $1.042.76 Pak Chk# 070562 DCA - WIRE ONLY 3262001 S406.81 Pak CM# 070883 DELTA DENTAL 3262001 $1.200.75 Pak Chk# 070884 DEMBOUSKI. JAY 3282001 SN28 Pak ChM 070965 DEPT OF ADM - INTERTECH GROUP 7282001 $37.00 Pak Chk# 070566 DOCUCOMM 312620D1 $935.87 Pak Chk#070867 EHLERS AND ASSOCIATES INC. 3/212001 $1.260.00 Pak Chk#'70865 ENCHANTED GARDEN FLORAL 3262001 $64,39 Pak Chk# 070869 ENGINEERING REPRO SYSTEMS 3262001 $132,54 Pak Chk# 070570 EXPRESS MESSENGER 326MMI 515.60 Pak Chk# 070871 FEOEX 3262001 58.81 Pak ChM D70872 FIRST RESPONSE TRAINING 32WO01 518000 Pak ChM 070873 GEAR WEST SKI 6 BIKE 3262WI $70.53 Pak Chka 070874 GOVERN FIN OFFICERS-PUBLICATIO 3262001 $9300 Pak Chka 070575 GOVT FINANCE OFFICERS ASSN 3262001 $13000 Pak Chka 070876 H9L MESABI 326C'3^t $1416,06 Pak Chka 070877 HALDEMAN HOMME, INC 325fa001 $45800 Pak ChM 070878 HENNEPIN COOP SEED EXCHANGE 32612001 $29,82 Pak Chka 070570 HENNEPIN COUNTY INFOR TECH OPT 3262001 S45.70 Pak Chk#070590 HENNEPIN COUNTY TREASURER -TAX 7282001 SI.208.60 Pak Chka 070881 IMC SALT 3282D01 $3A1409 Pak Chka 070882 JOHNSON. JEFF 3262001 $39,00 Pak Chk# 070883 KENNETH N. POTTS. PA 3262001 $2.391 OA Pak Chk#07099a KUSTOM SIGNALS INC 3262001 $329,14 Pak ChM 070885 LANOEOUIPMENT W62001 5103.79 Pak Chka 070886 LMCIT-BERKLEY ADMIN 3262001 $21,900.75 Pak Chk# 070887 LOGIS 3262001 S4,860.00 Pak ChM 070888 MALIK, GREG 3262001 515.00 Pai 'hMI 070889 MBPTA 3262001 $16000 Pak Chk# 070890 MEOIOA 3262001 $6.761.17 Pak Chk# 070891 MET COUNfl Oa'MENTAL SER 3282001 SSA92.50 Pain Chk# 070892 MET COUNT •NMENTAL SVCS 3262001 S18A04.07 Pak Chk# 070893 MEYER, BILL 3262001 $102.50 Pak ChM 070894 MINNEAPOLIS ONY(IFN COMPANY 3262001 $14911 Pak Chka 070895 MN WEIGHTS B MEASURCS 3282001 $20000 Pak ChM 070e06 RON MOORSE 32612001 522211 Pak ChM 0700a7 OBERAIGNER. SCOTT 32&2001 $22.00 Pak ChM 01OR98 OFFICE DEPOT 3262001 $293 32 Pak ChM 07 .9 PERRYS TRUCK REPAIR 12612001 ;.:3a 72 Pak CMS 070. JO POWERCLEAN COMPANY INC. 3202001 53.204.28 Pak ChM 070901 PRAIRIE OFFSET 3282001 $372.52 Pak ChM 070902 PRECISION BUSINESS SYSTEMS 3262001 $31500 Pak ChM 070903 OWEST 3262001 $823.77 CITY OF ORONO Friday, March 23, 2001 Check Summary Register Page 2.l2 Name Check Oat. Check Amt Pale Chka 071 OWEST INTERPRISE 3262001 S42247 Paid Chka 070905 RELIANT ENERGY 3262001 $28507 Pak Chide 070906 RUTTGER'S BAY LAKE LODGE 312612001 5281 70 Pak ChM 070907 SA -AG INC. 3262001 $1.762.31 Pak Chid 070908 SAGE PUBLICATIONS 3262001 525.00 Pak ChM 070909 SCIENCE MUSEUM OF MN 3/262001 $278.00 Paid Chat 070910 SENSIBLE LAND USE COALITION 3262001 $90,00 Pak Chkt 070911 ST. JOSEPH'S EQUIPMENT INC 3262001 Si Pak Chkt 070912 STANTON GROUP 3282001 5811.00 Pak ChM 070913 SUBURBAN RATE AUTHORITY 3262001 S400.00 Pad ChM 070914 SUBURBAN TIRE INC. 326li 5697.79 Pak ChM 070915 SUPERIOR FORD 3262DOI $0.00000 Pak ChM 070918 TALLEN AND BAERTSCHI 32112001 $21497 Pak ChM 070917 TOLL GAS 8 WELDING SUPPLY 3262001 S43.42 Paid ChM 070918 TRACY TRIPP FUELS 3262001 $3,39571 Pak ChM 070919 UNIFORMS UNLIMITED MWOO1 Si Pak ChM 070920 UNIVERSAL TRULK EQUIPMENT 312612001 $1,261.87 Pak ChM 070921 UNIVERSITY EXTENSION 3262001 $770.00 Pak ChM 070922 US BANK 3282001 5230.00 Pad ChM 070923 VERIZON DIRECTORIES 3282001 $72,00 Pad ChM 070924 VOGT HEATING 8 AIR 3262001 $181,00 Paid ChM 070925 WINTERNHEIMER. ALISSA 3262001 $17500 Pad ChM 070926 WRIGHT HEN14EPIN ELECTRIC 3262001 $39.19 Pad ChM 070927 XCELENERGY W262001 $76.37 Pak ChM 070928 YOUNG. JACKIE 3262001 $500.00 Total Checks $170.720.08 MAR 2 6 2000 L',, Y � uhu„v INFORMATION ITEMS COUNCIL MEETING MAR 2 6 20M OF GI I Y IN' OHONO _ WEST SUBURBAN MEDIATION CENTER 15 Tenth Avenue Sixth, Suite lot. Hop4ins.MN 55343 (932)93341IX15 umbivedar®uol... Fux:(9521933-6046 T0. The Communities in the West Suburban Mediation Center Service Area ' 2Ji0 FROM. Tom Phillips, Board Chairperson „� ^ West Suburban Mediation Center MAR 2 6 2OW DATE. 13 March 2001 1 tI r 1 ynUrYV The Board of Directors at its 15 February 2001 meeting voted to dissolve West Suburban Mediation Center effective 24 May 2001. The Board felt it fiscally responsible to study and put into action a plan to dissolve our organization in light of the difficulty of raising funds and the unlikely prospect that government agencies would increase their level of funding. WSMC does not meet many of the private foundations' guidelines for giving. Based on the Board's assessment of WSMC's situation, we do not intend to provide mediation services after 1 May 2001. Our increasing dependence on the Courts for both cases and funding detracts from our initial mandate of providing an altemabve to the Courts to allow people to resolve their disputes in a respectful, convenient, inexpensive manner. Experience has taught uc that people are more satisfied with the outcome if they have a had a part in the resolution of a problem. The Boaru of Directors of WSMC, its staff and volunteer mediators thank you for your encouragement and support over the years and the opportunity to be of service to you. There are other Community Mediation Programs that may be able to assist you: Min4eapolls Mediation Program, North Hennepin Mediation Program, Mediation Services for Anoka County, Dispute Resolution Center (St. Paul) and ADR Services (Rochester)