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HomeMy WebLinkAbout08-10-1998 Council PacketAUG 1 0 AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 10,1998,7:00 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY l*iAjR§WAY;'ORONO, MTiTVESOTA (♦) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under tlie Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. ROLL CALL CONSENT AGENDA 1.Approve/Amend 7:00 p.nu 2.Navarre Water Treatment Plant Rehabilitation A.Assessment Hearing B.Adopt the Navarre Water Treatment Plant Rehabilitation Project Assessment Roll - Resolution C.Award Contract for Rehabilitation of Navarre Water Treatment Plant - Resolution APPROVAL OF MINUTES *3. RegularMeetingof July 27,1998 PARK COMMISSION COMMENTS »V PLANNING COMMISSION COMMENTS - Liz Hawn, Representative PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT 4.#2388 W. Wyatt Moe, 1220 Loma Linda Avenue and 1230 Spruce Place - Vacation - Resolution 5.#2393 Richard and Carol Kail, 2917 Casco Point Road - Variances - Resolution 6.#2394 C. Peter Pearson Company, having an interest in 2695 Kelly Avenue - Variance 7.1998 Marina Licenses MAYOR/COUNCIL REPORT ENGINEER REPORT 8.Approve Quotation for Repair of Salt Shed Roof ^ 9.Approve Final Request for Payment of Golf Course Irrigation System CIT’i ADMINISTRATOR’S REPORT H yo Reappointment to Lake Mirmetonka Communication Commission 1 1 .Designation of MC WD Liaisons 1 2.Report Regarding Impacts of Rjght-of-Way Acquisition for New Highway 12 on Individual Lots CITY ATTORNEY’S REPORT r AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 10,1998,7:00 P^. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA ♦ 13. LICENSES /,! , 7 * 14. BILLS /S'. Uiai>^rr /Cr, 11 /{Jen Jy-k(d / ^ ^ c n UPCOMING ISSUES AND EVENTS im 08/10 08/10 08/17 08/19 08/24 08/25 09/02 09/07 09/08 09/08 09/14 09/15 09/21 09/28 Council Work Session, 7:30 a.m. Council Meeting, 7:00 p.m. Planning Commission Meeting, 6:30 p.m. Joint Orono/Long Lake Council Work Session, 5:30 p.m. Council Meeting, 7:00 p.m. Filing Opens for Candidates for City Offices Highway 12 Design Review Committee, 5:30 p.m. LABOR DAY HOLIDAY Park Commission Meeting, 6:30 p.m. Filing Closes for Candidates for City Offices Council Meeting, 7:00 p.m. PRIMARY ELECTION, 7:00 a.m. - 8:00 p.m. Planning Commission Meeting, 6:30 p.m. Council Meeting, 7:00 p.m. 5 5 Public A ttendance Meeting D ate C ouncil □ Planning C ommission Park commission iliPUEASE M INFOWVlATION t'- ^ V/U 1 4. IXC/ * li'tjf * *w*; y C(X-.A: :/'X: ’ i Xv . • ■ /; «MQUESIED*BEU)W^C^ □ Other NAME (please print)ADDRESS PRESENT FOR (from agenda) NAME OR NUMBER 6.. 7. 8.. 9. 10. 11.. 12.. 13., 14. 15. tilHSJ AUG 1 0 1998 cnv or OBONO REQUEST FOR COUNCIL ACTION DATE; August 10, 1998 ITEM NO.: ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Assessment Hearing for Navarre Water Treatment Plant Rehabilitation Assessment Hearing Council to conduct the assessment hearing for this project. The proposed assessment is $350 per residential unit, with commercial properties paying $350 per sewer unit up to a maximum of five units. The project contains a total of 830 units for a total assessment of $290,500. Written or oral objections to the assessment are considered at the hearing. I have only received several phone calls with questions about the proposed assessment, and no indication from these owners that they intend to object to the assessment. No written objections have been received at this time. No appeal, to the assessment, may be taken unless a signed written objection is filed with the clerk before the hearing or presented to the presiding officer at the hearing. If a written objection is received before or at the assessment hearing, the owner may appeal an assessment to the District Court by serving written notice of the appeal within 30 days of the adoption of the assessment. Award of Construction Contract It is desirable to award the construction contract as soon as possible to allow time for the ordering and delivery of equipment before construction this winter. Unless a substantial number of written notices of objection are received at the assessment hearing, we are recommending award of the construction contract at this meeting. COUNCIL ACTION REQUESTED: Conduct assessment hearing for Shoreline/ Heritage Drive and Lane Sewer Project Approval of the resolution adopting assessment roll for the Navarre Water Treatment Plant Rehabilitation Approval of the resolution to award the construction contract to Shank Constructors, Brooklyn Park Minnesota for $636,600.00 A RESOLUTION ADOPTING THE NAVARRE WATER TREATMENT PLANT REHABILITATION ASSESSMENT ROLL WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of the Navarre Water Treatment Plant Rehabilitation. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota: 1. 3. Such proposed assest‘.^>ent, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1999 and shall bear interest at the rate of 6.5% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1998. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessmeiit is paid within thirty (30) days from the adoption of this resolution; and he may, at anytime thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest w ill be charged through December 31 of the next succeeding year. Partial prepayment may be allowed in accordance with ordinances which are e.xisting or which the City may choose to adopt in the future. Page 1 of 2 4.The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council of Orono this 10th day of August, 1998 Gabriel Jabbour, Mayor ATTEST- Linda S. Vee, City Clerk Page 2 of 2 A A RESOLUTION AWARDING THE CONTRACT FOR THE REHABILITATION OF THE NAVARRE WATER TREATMENT PL ANT WHEREAS, pursuant to an advertisement for bids for the rehabilitation of the Navarre Water Treatment Plant, bids were received, opened and tabulated according to law; and WHEREAS, it appears that Shank Constructors, Brooklyn Park, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1.The Mayor and Clerk are hereby authorized and directed to enter into a construction contract with Shank Constructors, Brooklyn Park, Minnesota, in the name of the City of Orono for the rehabilitation of the Navarre Water Treatment Plant according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk in the amount of $636,600.00. 2.The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by ths Orono City Council at a regular Council meeting held on August 10, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 1 of 1 ■^1 ;;As$0ssment Hearing}p , > ^ ^ y iU t 'V' 'r i; INavarre Water Treatment Plant Rehabilitation Ji .'4. August 10. 1998 . ^ » » ♦ Planned improvements ' %r - ‘4I j ♦ Water quality ♦ Treatment process schematic 'W ^ ♦ Filter schematic :fl 1 ♦ Softener schematic 1' »••<L» » ' 1 .:.. ‘ 4 i' >• V,-. < <» Proposed schedule ♦ Proposed financing ^ ’ ♦ Assessment area , •' * V j •*^ •■ ■* ' ^ i i J w- V-V^n * • V: • * / .1 y. ■ yv •; * Wat^r Quality. * ' ■li i '• ^ -1 .. I i ■< f- r4 4fr-l Constituent Well No. 1 Recommended Secondary Standard Iron 1 (' 0.44 mg/I 0.30 mg/I Manganese 0.74 mgA 0.05 mg/I. Hardness 334 mg/I 80-100 mg/I i <* ' '' t'V'^ ‘ V-‘ - .1 ^ j . .J t i ^ i I cco WBX PUMP WBJ. pwyp WATER PLANT ORONO, MINNESOTA J:\97\97WTRPLT.0WC I/I Bonestroo f^osene Anderlik & |\J| Associates Engineers S Architects f4 0 1- •----- A riLTCR AND ATOlilZeo SPNAY ACRATOH OIUCNSIONS AIR EXHAUST RAW WATER INFLUENT ^ filter bypass LINE BACKWASH COLLECTION BOX OVERFLOW PIPE SUUP DUALATOR* I FILTER AIR INTAKE ACCESS HATCH ATOMIZED SPRAY AERATOR BACKWASH effluent filtered water effluent BACKV^jH INFLUENT 'ORIFICE PLATE FILTER TONKA DRY DECK SIGHT CLASS PRESSURE GAUGE sample cock a SHUT OFF VALVE TONKA EQUIPMENT CO. SI IS industrial ST • ro box sst MAPLE PLAIN. MINNESOT/ SSSSf TiTTr DUALATOR I FILTER 'tt/VACt PIPING iilf MAYU97B Dflii a, •UiC iir OS-9005 .Jj^ D 11F K ■m % 1 ntn« •--------------- B ---------------- MieC DUALATOR* I FILTER Am INTAKC riLTCII AND ATOyiZCD SPRAY ACR/TOR OIMCNSIONS ATOMiZCD SPRAY AERATION NOZZLES Am EXHAUST RAW WATER IHFLUENT BACK WASH COLLECTION BOX OVCRfcOW PR»C ATOMIZED SPRAY AERATOR ^FILTER riLTERED WATER EFFLUENT CELL PARTITION UNOERORAIN PLATE WITH DIFFUSER NOZZLES -TuNKA DRY DECK SIGHT CLASS ftC> TONKA EQUIPMENT mwSMS INDUSTRIAL ST • P.O DOaC SS7 maple plain. MINNESOTA SSSSS IlKI DUALATOR I FILTER ;ds-9ooi 0 C • Ai r Item _______________________ 1 Filter refurbishment 2 Sftfteninq unit control replacement 3 Chlorine solution water line relocation 4 Brine storage tank cleaning 5 Softening unit renovation 6 Softening unit discharge meters 7 Electrical systems replacement 8 Automatic control valve replacement 9 Ventllatlon/dehumidificatlon Improvements 10 Controls replacement (SCADA) 11 Plolna replacement f t ^ -9m ^ • • ^ •«» #f -*5:. ■>^^^''. V?': * «* V t • *" < * ■ 5’>*..>.'*' V' .■* •* » ! V S V* fr* d Assessment:•fr"' ■!?# y \ V ^ ■. ‘A ■ *>» ■ ‘~ ^-& $290,50d W I, i ; ^ ;r* Cash Reserves:%i- $200,000 Internal Loan Building Fund: .. ^ $273.500 4‘ '4 TOTAL $764,000 ’| ■r^.- ' V ^j- f- .%'T * r ¥ 4:*v* y.^^i . ■ . <^ r . • c/v -3 ?'■'-r '->> %• i'- A" I 5 ASSESSMENT AREA 32C 2640 ASSESSMENT AREA Scc'e feet NAVARRE WTP REHABILITATION Bonestroo Rosene Anderlik Associates Engineers A Architects J ■ 0 i Vi»ii \ W • ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 ROLL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour, Council Members J. Diann Goetten, Charles Kelley, Barbara Peterson and Richard Flint. Representing Staff were City Administrator Ron Moorse, City Attorney Tom Barrett, Senior Planning Coordinator Michael Gaffron, Planner/Zoning Administrator Elizabeth Van Zomeren, City Engineer Tom Kellogg and Recorder Lin Vee. Mayor Jabbour called the meeting to order at 7:00 p.m. (#1) CONSENT AGENDA Items 8,9,10,11,12,14,15,16 and 17 were added to the Consent Agenda. Goetten moved, Peterson seconded, to approve the Consent Agenda as amended. Vote: Ayes 5, Nays 0. (#2) PRESENTATION BY AUDITOR REGARDING ANNUAL COMPREHENSIVE FINANCIAL REPORT Tom Kuehn, Finance Director, and Ken Malloy of Malloy, Montague, Kamowski, Radosevich and Company were present Mr. Malloy summarized the City's 1997 financial audit that was completed in May. He noted two findings related to compliance with Minnesota Statutes: 1) Unsuccessful bids were not kept on file; and 2) Investment brokers were not provided with a written statement of investment restrictions of the City prior to investing with the broker. In response, the City will retain all bids, and the required notification will be sent to all brokers with which the City invests and written acknowledgement from the brokers will be obtained. Mr. Malloy highlighted several areas of the Management Report. 1 . Statewide Trend - Orono typically receives a higher percentage of its General Fund revenue from property taxes than the average Minnesota city. 2. Tax Capacities & Rates - The tax rate in Orono is lower than the average Minnesota city. 3. General Fund - The Fund Balance has increased as a result of revenues being significantly higher than budget. 4. Cash Flow - Cash flow has been consistent over the last three years and has always remained positive. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (»2) PRESENTA TION BY AUDITOR REGARDING ANNUAL COMPREHENSIVE FINANCIAL REPORT- continued 5. 6. 7. 8. 9. 10. General Fund - Revenues were higher than budget due to a high level of permit activitv. Enterprise Funds - Sewer funds have increased while there was a drop in the water fund, due to the cool and wet summer in 1997. The golf course operating fund has remained steady. At the City's request, suggestions for completing the audit earlier were listed. Elimination of Deferred Compensation Agency Funds - Since the laws regarding deferred compensation have changed, the Deferred Compensation Agency Funds were closed. GASB Reporting Model Project - This reporting model will be implemented over the next several years and is similar to financial reporting used in the commercial sector. Year 2000 Planning - Ensure that all areas affected by dates are compliant. Mr. Malloy also noted that very few audit adjustments were required. Mayor Jabbour noted that the Certificate of Achievement w as received for the tenth year and commended staff for their work. (#3) KELLY COVE JOINT USE DOCK LICENSE - Review follows Item #6 APPROVAL OF MINUTES (*#4) REGULAR MEETING OF JULY 13,1998 Goetten moved, Peterson seconded, to approv e the Minutes of the Regular City Council Meeting of July 13,1998. Vote: Ayes 5, Nays 0. PARK COMMISSION COMMENTS There were no comments. LAKE MINNETONKA CONSERVATION DISTRICT - LILI McMILLAN, REPRESENTATIVE McMillan was not present. ORONO CITY COUNCIL MEETING minutes for JULY 27» 1998 planning commission comments . DALE LINDQUIST. REPRESENTATIVE Conunissioner Lindquist had no comments. PUBLIC COMMENTS There were no public comments. ZONING ADMINISTRATOR'S REPORT the proposal because he had previously opposed the application. rr-xs“v-rc 5.x"!.'isK'.-r:2s; s; - previously opposed the application. («) «J68 KIRK OTTESON, 710 NORTH ARM DRIVE - VARIANCES - resolution no . 4127 Mr. and Mrs. Otteson were present. b.‘S.:r=t proposal at three meetings and recommended approval of the current reques . Goetten noted that she had attended two of the P'jT"® *= applicant and Planning Commission had worked hard to develop a plan that wo property. r ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (U6) U2368 KIRK OTTESON, 710 NORTH ARM DRIVE - VARIANCES - RESOLUTION NO. 4127 - continued Kelley moved, Goetten seconded, to adopt Resolution No. 4127 granting top of bluff, average lakeshore setback and hardcover variances to allow a second stoiy addition to the existing residence located at 710 North Arm Drive. Vote: Ayes 5, Nays 0. (#3) KELLY COVE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7:30 P.M. - 8:58 P.M. John Kupfer was present representing the Kelly Cove joint use dock license application. Gaffron explained that the Kelly Cove Homeowner's Association (KCHA), the owTiers of four duplex units at 2497-2503 Kelly Avenue, have made an application to relocate their joint use dock system from Outlot A, Navarre Cove to Outlot A, Kelly Cove. The KCHA would like to move the existing dock system closer to the duplex units and avoid crossing Lot 3 to reach their docks. Gaffron gave a brief history noting the following points: In 1958 dredging was approved in the lagoon through DNR permits. - Dredging continued in 1969 to increase the lagoon. - In 1976, the 6 acre parcel was divided into three single family lots. - Duplex conditional use permits were granted in 1977 for the larger, 3 acre parcel. Three buildings, each holding two units, were constructed totalling six dwelling units. A joint use dock license was approved for six slips, one for each dwelling unit, although the request was for twelve slips. Planning Commission and Council limited the docks because of the impact on the neighborhood and environment of the lagoon. The location of the docks was chosen to avoid crossing the wetland to get to the docks. In 1979, the lot with three buildings was divided into three separate lots with a building on each lot. Lots 1 and 2 had easements over Lot 3 to reach Outlot A where the six slips were located. A replat was done in 1984. Lots 1 and 2 became Outlot A, and Lots 1,2, 3, and 4, Kelly Cove so that each half of the duplexes could be sold separately with a commons outlot In the spring of 1998, the City approved reconstruction of a duplex at 2505/2507 Kelly Avenue. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 m KELL Y COVE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7:30 P.M. - S:SS P.M. - continued Gaffron explained diagrams of the existing and proposed dock systems. The proposed system would be 56' out from the shoreline with slips at 32' in length and 13 ’ in width. Gaffron indicated that all property owners abutting the lagoon were notified at Council s direction to hold a public hearing. Staff had received comments and letters from some neighbors. Gaffron explained the LMCD regulations for joint use docks. Single family lots are allowed four boats regardless of the lot width. Therefore, 4 slips are allowed for the 4 duplex units, and the single family lot would be allowed an additional 4 slips. This moves the number of boat slips allowed from 6 to 8, creating issues related to increased traffic and the environment m the lagoon. If the City wants to continue to allow only 6 slips, Lot 3 would only be allowed 2 slips rather that the 4 slips it would be allowed as a single family lot under the LMCD rules. Jabbour explained that the LMCD allows any lot on Lake Minnetonka to have two boats belonging to anyone or 4 boats if they are registered to the lot owner, providing the dock^tbac is met. Although Orono does not allow dock rental, it is extremely difficult to enforce. The LMCD requires a conditional use permit for more than 4 docks. At that point, one dock is allowed for each 50' of shoreline. Jabbour expressed concern about the quantity and size of boats entering the lagoon, and how they impact the navigation and ecology in the lagoon. Kelley questioned the total number of lots on the lagoon. Gaffron confirmed that there were 6 additional lots in the lagoon and reviewed an aerial photograph of the area depicting the vanous dock systems. Jabbour questioned the size of boats that use the lagoon. Kupfer responded Aat Ingest ^at is 30-32'in length and 12-13'in width. The present dock system for the KCHA is 44 28' and 22' between the docks. Jabbour noted the boats that are docked on the outside would be outside the outlot boundaries. Jabbour opened the meeting to public comments. Rick Sheridan, 253 East Lake Street, Wayzata, representative of Brad Hoyt (owner of Lot 3) commented that an agreement between Hoyt and the KCHA to vacate easements and sell the outlot would not need the City's approval. Jabbour responded that the KCHA would lose their riparian rights because of the conditions of the duplex use. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (#3) KELLY COVE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7:30 P.M. - 8:58 P.M. - continued Barrett indicated that the City has two laws governing the docks. The City has the right to grant a joint use dock license if the LMCD standards are met, and the conditions of the conditional use permit were established with the subdivision. Gaffron added that Resolution No. 892 was adopted in 1978 granting a joint use dock license. The resolution approving the subdivision and conditional use permit required that the docks be located on Outlot A. Kelley reiterated that the duplex owners would be in a position to lose their lake rights if they agree to sell Outlot A. Sheridan asked what effect the 1984 replat had on the conditional use permit. He felt the City was denying the property owner the right to the highest and best use of his property by not allowing Outlot A to be combined with Lot 3. Jabbour responded that the City must abide by their ordinances. Goetten asked in what capacity Sheridan was representing Mr. Hoyt. Sheridan responded that he was Mr. Hoyt's attorney. Sheridan responded to an earlier question about the development of Hoyt’s lot. He was unable to confirm if single family or duplex development was planned for Hoyt's lot. Van Zomeren confirmed that a recent application approved a conditional use permit for duplex use on Lot 3. A code amendment was also adopted regarding duplex use. Sheridan commented that Mr. Hoyt wants to have an option to develop Lot 3 as a single family residence, and an outlot at the shoreline would not be desirable. Jabbour felt that Hoyt's request was financially motivated, and he was aware of the outlot when the property was purchased. Sheridan noted that the City's concern was that 2 more slips would be allowed by the LMCD if Lot 3 was developed as a single family residence for a net increase of 2 slips. Jabbour responded that his goal was not to exceed the number of slips that currently exists and uphold a previous Council's decision to limit the properties to 6 slips. Jabbour confirmed that a jet ski is considered a boat. Kupfer noted that there are no wetlands today. Gaffron explained that the wetland easement still exists although dredging has changed the wetland from its original state. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 m KELL Y CO VE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7:30 P,M. - 8:58 P.M. - continued Barrett commented that minutes from the original subdivision application refer to the wetland easement as a wetland saving feature and also a limit to the number of docks. A condition of the resolution approving the plat of Navarre Cove in 1979 states "creation of an area designated as Outlot A, use of the dock area is subject to annual licensing according to ordinance and is limited to six boats, one per dwelling unit." Richard Edwards, 2480 Carman Street, stated he was representing the six homes surrounding the lagoon. He has lived at the residence since 1953. He expressed concern about the location of the proposed docks as they would disrupt navigation through the channel. He suggested the docks be 10 ’ from shore rather than the proposed 20’ as the lagoon is 5’ deep throughout the area. He also suggested the dock system be moved 25-30 ’ to the east toward the mouth of the lagoon to allow more room for navigation at the curve. Jabbour questioned if the City had any mechanism to control the size of docks. Gaffron responded that conditions could be placed on a revised conditional use permit or revised joint use dock license. Kupfer indicated the duplex owners would not object to moving the docks to the east but would like to place the docks at 12 ’ instead of 10 ’ with a length at 48’ because dock sections are 8’ in length. The intent of the duplex owners is to move the docks to a better location for their use and free up the outlot. He noted that the new owner of Lot 3 had removed an unsightly building. Jabbour commented that the City would like to know what the use of Lot 3 will be for dock purposes. Sheridan responded that the dock use will be driven by how the land is used, and that has not yet been determined. Kelley asked why Outlot A was created on Lot 3. He suggested moving Outlot A to the north with the conditions remaining on the Outlot. Kupfer responded that moving the Outlot would not make sense for the duplex owners because it doesn’t improve the dock location a great deal for them. Kelley asked the Council if their goal was to limit the boats to 6. Members confirmed that they would like to maintain that limit. [ijltliMIcEjUL FniTi] ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (#3) KELL Y COVE JOINT USE DOCK LICENSE - SCHEDULED PUBLIC HEARING 7:30 P.M. - 8:58 P.M. - continued Jabbour reiterated that any gains previous Councils have made are to be maintained by the current Council. Flint commented that he did not sec any advantage to extending the application as the consensus of the Council was to deny the application. A re-application could be made once Mr. Hoyt decides how he will develop his property. Barrett stated that Council has found the license application to be inconsistent with .le conditional use permit and original plat. Flint moved, Kelley seconded, to deny the joint use dock license application for the Kelly Cove Homeowner's Association. Peterson suggested tabling the application to allow Mr. Kupfer and the other duplex owners an opportunity to discuss the situation. Jabbour responded that the City Attorney was uncomfortable with the 60 day rule. Staff has indicated that the applicants could reapply at any time for the joint use dock license. Peterson asked if Mr. Kupfer and the Homeowners Association would be required to pay a fee for a re-application. She suggested delaying action until the next Council meeting. Barrett noted that the law allows the City to automatically extend an application for 60 days with a reason. A letter would need to be sent to the applicants indicating sufficient information was not provided regarding the plat and conditional use permit. Flint indicated he would prefer to deny the application and give the applicant credit if he wanted to re-apply. Vote: Ayes 4, Nays 1. Peterson opposed. iililiw ^T«a#srti riRituii»r>jimiiiin]R5T¥fWtl rtiiMtiTiltTii^VisitmQ] HUh)0] [•IWIWI mim «C1t ra.'»riT«i mm •IfMI Ltliltnci] itltllWlfW [•rninfUj iron TTm iHi PlO»aLGnj ^J¥^i miiT^ ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (*#8) #2381 BUSSE CONSTRUCTION ON BEHALF OF JAMES JOHNSON AND CHARLES LARSON, 4300 WATERTOWN ROAD AND 4285 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 4129 Goetten moved, Peterson seconded, to adopt Resolution No. 4129 granting a conditional use permit to permit the construction of berms at 4300 Watertown Road and 4285 Sixth Avenue North. Vote: Ayes 5, Nays 0. (*#9) #2382 BUSSE CONSTRUCTION ON BEHALF OF TIM OTTEN, 425 TURNHAM ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4130 Goetten moved, Peterson seconded, to adopt Resolution No. 4130 granting a conditional use permit to permit alteration of the rear yard at 425 Tumham Road per staff recommendation, subject to septic site testing. Vote: Ayes 5, Nays 0. (*#10) #2386 BUSSE CONSTRUCTION ON BEHALF OF KATHERINE COLGROVE, 4260 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 4131 Goetten moved, Peterson seconded, to adopt Resolution No. 4131 granting a conditional use permit to permit land alteration at 4260 Sixth Avenue North. Vote: Ayes 5, Nays 0. (*#11) #2381 BUSSE CONSTRUCTION ON BFHALF OF BOB GEHRMAN, 4300 SIXTH AVENUE NORTH - CONDITIONAL USE PERMIT - RESOLUTION NO. 4132 Goetten moved, Peterson seconded, to adopt Resolution No. 4132 granting a conditional use permit to permit land alteration at 4300 Sixth Avenue North. Vote: Ayes 5, Nays 0. (*#12) #2385 STEPHANIE KROEGER, 3465 CRYSTAL PLACE - VARIANCES - RESOLUTION NO. 4133 Goetten moved, Peterson seconded, to adopt Resolution No. 4133 granting variances to permit construction of a detached garage requiring side yard setback, rear yard setback and hardcover variances for the property located at 3465 Crystal Place. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (#13) #2390 DAVID RAHN, 1385 REST POINT ROAD - VARIANCES Mr. Rahn was present. Van Zomeren reported that the application was for a hardcover variance to allow construction of a garage in the 75-250' setback area with a retaining wall and driveway turnaround. Previous variance were granted to convert a cabin into a year round residence. The previous resolution would allow 657 s.f. of hardcover based on subtracting the amount of hardcover in the 0-75' zone from that allowed in the 75-250' zone. Planning Commission recommended denial, and the applicant requested the application be brought to Council. Mr. Rahn noted that it is difficult to build a two-car g£uage with driveway under 657 s.f. He asked for guidance as to what might be considered. He confirmed that no variance would be needed if he did not exceed 657 s.f. of hardcover. Mr. Rahn presented a revised plan that reduced the garage to 24' x 24' and made some eliminations to reduce the hardcover to 31% or 2,453 s.f. Jabbour reviewed the history of the property. The initial Council approval was related to adding to an existing structure. During the construction, much of the existing structure was removed, and a fallen tree damaged the remaining portion. The Council then reviewed the project again and set a limit of 657 s.f. of hardcover in the 75-250 ’ zone. Rahn agreed that discussions had taken place about a garage. Rahn noted that in the Council minutes with the previous approvals, 1,000 s.f was discussed. His problem is building an accessory building large enough to park two cars. He stated that if he would be limited to 657 s.f, he would have to build an accessory storage building with no cars inside. Jabbour noted that each lot has limitations that the property owner must work with. Goetten commented that she had voted against the previous variance request knowing that a garage would be requested at some future time. Rahn distributed revised plans to the Council showing reductions in hardcover. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 mS) U2390 DA VID RAHN, 1385 REST POINT ROAD - VARIANCES - continued Kehey stated that a two car garage is reasonable for Minnesota, and would be in favor of a garage at 24' x 24 ’, minimal driveway and sidewalk. He noted that he also voted against the original variances but would have approved some type of garage at that time. Goetten cautioned Council to be careful in future applications when garage plans are not part of the initial proposal, especially on lakeshore lots where hardcover is an issue. Van Zomeren commented that 38% of the year-to-date building permits require some type of variance. Jabbour suggested the revised plan be referred back to Planning Commission for their review, and indicated at least two Council members were sympathetic to some type of revised plan. Kelley requested that a letter be sent to the applicant extending the application for 60 days. Flint stated that he was not sympathetic to the applicant's request, and felt the applicant should abide b> the parameters established in the previous resolution approvals. He felt the minutes clearly reflected Council's intention. Goetten moved, Peterson seconded, to refer Application #2390 requesting a hardcover variance to construct a garage for David Rahn at 1385 Rest Point Road back to the Planning Commission at the applicant's request. A letter extending the application for an additional 60 days will be sent to the applicant. The applicant was in agreement. Moorse suggested the applicant meet with staff prior to the Planning Commission meeting to develop the best solution to present to the Planning Commission. Vote: 5 Ayes, 0 Nays. (*#14) #2392 THOMAS BERSCHEID, 1365 REST POINT ROAD - CONDITIONAL USE PERMIT - RESOLUTION NO. 4134 % Goetten moved, Peterson seconded, to adopt Resolution No. 4134 granting a conditional use permit to permit construction of an accessory structure on a through lot for the property located at 1365 Rest Point Road. Vote: Ayes 5, Nays 0. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27, 1998 (*#15) #2396 CLINT AND JODI MORRISON, 3510 BAYSIDE ROAD - VARIANCES - RESOLUTION NO. 4135 Goetten moved, Peterson seconded, to adopt Resolution No. 4135 granting variances to permit an accessory structure to remain while the existing structure is demolished and a new principal structure is constructed, to permit construction of a residence which encroaches past the average lakeshore setback, and to permit a principal structure on a 1.36 acre lot where 2 acres is normally required for the property located at 3510 Bayside Road. Vote: Ayes 5, Nays 0. (*#16) #2397 JOE & LESLIE LUCAS, 1060 BROWN ROAD NORTH - VARIANCES - RESOLUTION NO. 4136 Goetten moved, Peterson seconded, to adopt Resolution No. 4136 granting a variance to permit the construction of an addition to the principal structure located 9 feet from the side lot line where 30 ' is required for the property located at 1060 Brown Road North. Vote: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Jabbour received a request from the United Way asking for recommendations for two reputable human service providers in the area. He asked Council and staff to forward any suggestions to him. Jabbour asked how the City was addressing the Year 2000 problem. Moorse responded that the financial system and new phone system will be Year 2000 compatible. Staff is in the process of identifying all systems which may be affected. Some individual PCs will need patches. Jabbour stated that he is planning to make a presentation to Minnetonka residents regarding public access at the request of Desyl Peterson. Jabbour also indicated he has had several conversations with Mr. Dayton regarding Woodhill and will discuss further in an Executive Session. Flint questioned if there had been any response from Wayzata or Long Lake regarding Orono's offer to consider combining Public Works facilities. Jabbour replied that he has contacted both Mayors. Moorse added that he had talked with the Wayzata Public Works Director and Long Lake City Administrator and will be meeting with the Long Lake City Administrator on a number of issues. Flint added that it makes fiscal sense to the taxpayers to consider a joint facility and would like to continue to pursue the proposal. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 Mi YOR/COUNCIL REPORT- continued Goetten a for an update on County Road 15. Kellogg explained that the County is still monitoring the settling tolerance since the settling is still occurring too fast. The material will be removed when the settling is done. The project is slightly behind at this point. Kellogg indicated the plans for the Femdale project will be complete and available to the cities in approximately two weeks. Flint commented that he was surprised there were few stakes indicating the proposed layout on Femdale Road. Kellogg replied that the center line had been staked but has changed. The new alignment should be staked before the next Council meeting. Jabbour encouraged Kellogg to continue to work on burying power lines. Kelley commented that it was a mistake to do road work on both County Road 6 and 15 in the same year. Since County Road 6 is closed. County Road 15 may be used as an alternate route creating heavier usage. Kelley requested that the Request for Council Action form regarding zoning issues include the 60 day expiration date in the upper left hand comer of the first page. ENGINEER REPORT Kellogg reported that the Heritage Drive sewer project is scheduled to start on Wednesday, July 29. They will try to minimize the dismption of traffic on County Road 15. He noted that a condition of the County permit is that the contractor is not allowed to park any vehicles along the County road. Kellogg added that he is working on obtaining the final easements. Kellogg confirmed that the Edgewood Hills project has been abandoned for the 1998 season. Gappa has sent letters to the neighborhood explaining the situation. Mr. Jackson, an Edgewood Hills resident, agreed to meet with the neighborhood to get further direction as to how the neighborhood would like to proceed. Opiions are to rebid the project in the winter, consider another system such as a grinder system, or open cut. Jabbour expressed concern about passing a bond for upcoming projects. Moorse responded that Webber Hills, Heritage Drive and Edgewood Hills were all possible projects to consider for bonding. r ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 CITY ADMINISTRATOR’S REPORT (*#17) PUBLIC WORKS REGIONAL MUTUAL AID ASSOCIATION - RESOLimON NO. 4137 Goetlen moved, Peterson seconded, to adopt Resolution No. 4137 authorizing a joint and cooperative agreement for use of personnel and equipment in the areas of emergency, disaster control and mitigation. Ayes 5, Nays 0. (#18) MN/DOT LIMITED USE PERMIT FOR TH12 CROSSING BY OLD CRYSTAL BAY ROAD TRAIL Moorse explained that more information is needed and would be discussed at a later meeting. (#19) PRELIMINARY REVIEW OF INDUSTRIAL ZONING DISTRICT - DRAFT AMENDMENT Moorse explained that the draft ordinance will go before the Planning Commission at their August meeting. He outlined several of the major changes including elimination of a long list ot specific uses in favor of a more general definition of light industrial uses; and an intenm use section which would be added that would potentially allou some uses for the current facilities through an interim use permit, similar to a conditional use permit with conditions. Moorse added that an interim use is normally based on a specific end date or event as a cut-off date, i.e. the Otten property could receive an interim permit which would expire when Highway 12 is completed in that area. Jabbour thought there could be a problem with a few buildings that are designed for heavy manufacturing with high ceilings. Steve White, VCI Capital, expressed concern that his property would not be grandfathered into the current zoning because their building is not currently leased out. He added that the economic impact could be drastic by reducing the value of the building and reducing the rental potential. Moorse explained that a use is grandfathered in if the use is ongoing. The difference between VCI and other properties is that VCI is not currently being used for heavy manufactunng. White commented that the problem with an interim use is that the problem is just postponed. Kelley asked if the real value of the property is in the land or buildings. White replied that they have looked at several options. Rental income has been greater than offers to purchase the properly. He felt there was probably more value in the building. ; ;ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (U19) PREL1MINAR Y REVIEW OF INDUSTRIAL ZONING DISTRICT - DRAFT AMENDMENT - continued Jabbour noted that the Comprehensive Plan amendment brought about eonsiderahon for a light industrial use. The City is opposed to "big box” development. He indieated the City is willing to work with White to develop a plan for the site that would work. White requested that he continue to be included in discussions about industrial development. Kelley expressed concern about environmental issues. White indicated that environinental report had been done on his property. Kelley asked if he would be willing to share the results with the City. White responded that he would check with his attorney, but did not think it would be a problem. Goetten thanked White for his letter as it helped to clarify the situation at VCI Capital. Jabbour asked White if he had any potential renters. White responded that he did not, but had listed the property with a marketing agency. Flint asked about the acreage on the property and how much was needed for parking. explained that a relatively small area is paved for parking. At one time, the back lot was used for storage of farm equipment. The gas vaporizer is being removed by Mmnegasco. Moorse explained that a moratorium in the industrial zone expires September 15, and the amendment is scheduled to be reviewed at the August Planning commission meeting. White asked if the rezoning would affect Washington Scientific and Flamingo Wire^ the use is grandfathered in. Jabbour responded that it affects all three properties. He explained that if WSI and Flamingo Wire become legally non-conforming, no changes could be made to the business. Kelley stated that his original concern was about the Dumas property. If Council did not think that issue needed to be addressed at this time, he would favor removing the moratonum and leaving the ordinance as it exists. Jabbour agreed. Moorse expressed concern about the list of uses and the potential to have a use proposed that would not be desirable. He suggested updating the list. Jabbour suggested removing “je moratorium at the next Council meeting and eliminating the offensive uses from the mdustnal zone. Flint asked how the property across Old Cry stal Bay Road would be affected. Moorse responded that it is not affected as it is zoned 2 acre residential. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (iil9) PRELIMINARY REVIEW OF INDUSTRIAL ZONING DISTRICT - DRAFT AMENDMENT- continued Flint suggested adding some green space requirements to the industrial zoning district. This may be important for new development and could increase value. Jabbour agreed. He explained that property could be marketed for a higher level of use with a park-like environment, similar to Opus, and may increase property values.. White stated that he was concerned with the existing building since it was designed for the purpose of heavy manufacturing. If the property were vacant, the issues would be different. Flint asked about the size of the building. White responded that it takes up about 3 acres. Flint responded that someone who wanted the larger 20 acre piece could be attracted because of the size of the property. White confirmed that his property has not been actively marketed for sale. Van Zomeren asked what improvements had been made to the building, and what makes the building desirable for heavy manufacturing. White explained that the floor thickness, available power, high ceilings and overhead cranes are conducive to heavy manufacturing. Kelley commented that the market may dictate that heavy manufacturing may not work in this particular area, and the building may be a "dinosaur". White stated that they have not been actively marketing the building since 1996. Some needed improvements and repairs were completed. They were also waiting for a decision from a brother who was considering moving a manufacturing operation to the VCI location. Kelley thought there would be a point when the property owners would have to change their plan. White stated that he had signed a 6 month listing agreement and hopes to find a renter in that time. He noted that they are not landlords by choice and would be open to selling the property if approached with a reasonable offer. Kelley suggested that Moorse work on the industrial zoning district code to remove the offensive uses and remove the moratorium. Flint requested that the City continue to w'ork on a light industrial zoning district. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 (#19) PRELIMINAR Y REVIEW OF INDUSTRIAL ZONING DISTRICT - DRAFT AMENDMENT - continued Moorse noted that any amendments to the industrial zone would need to be brought to the Planning Commission. He indicated he would talk to VCI Capital, Flamingo Wire and Washington Scientific and take out as many offensive uses as possible without causing a problem for the existing industrial businesses. (#20) NOISEA^IBRATION STUDY FOR HIGHWAY 12 Moorse presented information on a proposal for a vibration and noise study related to the Highway 12 corridor from HDR Engineering. This study would provide information on the current and expected levels of noise, and some recommendations for mitigation strategies. Mn/DOT has indicated they would pay for the study. Moorse explained that the HDR representative would not be able to work on this project in the near future. Since Orono is looking for information by the end of August, Moorse asked how long Council would be willing to wait for results of the study. Goetten stated that a preliminary decision was to be made relatively soon, and she felt the study was vital in making a decision. Flint commented that it would be nice to have the results before the preliminary decision, but additional design work will continue to be done, and the information from the study would still be useful. Kelley moved, Jabbour seconded, to authorize the City Administrator to proceed to contract with HDR for the noise and vil xir.tion study, and to enter into a cooperative agreement with Mn/DOT to enable funding of the study by Mn/DOT. Vote: 5 Ayes, 0 Nays. (#21) WORK PLAN FOR COMPREHENSIVE PLAN UPDATE Moorse suggested that the Council may want to obtain market analysis and needs assessment information related to various types of land uses to assist the Council in making decisions regarding updating the Comprehensive Plan. For example, would light industrial zoning be feasible for the southwest quadrant of Old Crystal Bay Road and Highway 12. Jabbour commented that a meeting with Long Lake and some local businessmen was to take place to discuss some possible land uses and businesses along Highway 12. ORONO CITY COUNCIL MEETING MINUTES FOR JULY 11,1998 (#21) WORK PLAN FOR COMPREHENSIVE PL AN UPDA TE - continued Kelley questioned if staff would have time to work on a market analysis. Moorse responded that a consultant could be used. Jabbour felt a needs study would be more important than a market analysis. Kelley noted that the fiill impact of new Highway 12 is not known at this time and could affect development. Moorse expressed concern that the Comprehensive Plan could be changed limiting property owners to certain types of uses, which may never actually take place. This could create a hardship for the property owners and delay development. Moorse suggested discussion continue after meeting with Long Lake representatives. (#22) SELECTION OF DATE(S) FOR JOINT WORK SESSION WITH LONG LAKE CITY COUNCIL It was determined that August 18 or 19 would be optional dates to meet with the Long Lake City Council. A budget work session was scheduled for August 10, 1998 and 7:30 a,m. CITY ATTORNEY'S REPORT Attorney Barrett addressed the policy of taking conservation easements as part of the subdivision process. He explained that the conservation easement states that no structure shall be constructed within the easement, including docks and hardcover of any nature. Mr. White s attorney has requested that the conser\'ation easement be amended to allow for a dock. Barrett asked Council if they would use the conservation easement as a reason not to grant a dock license, or if there could be circumstances that would allow a dock. Gaffron commented that there was not a long history of the City taking action to allow docks in a wetland. He referenced applications on North Femdale Road and Fox Street that were denied. Gaffron explained that in Mr. White’s case, in order to get to the open water of the lake he would have to cross the wetland. Gaffron thought he had the right to get to the lake but he would need variances to do so. 20 ORONO CITY COUNCIL MEETING MINUTES FOR JULY 27,1998 CITY A TTORNEY'S REPORT- continued White stated that he was not looking for a decision on the dock, but a change in wording on the easement. He felt that he would be giving up his right to a dock the way the easement is currently written, and there could be other rights as well. He suggested adding language such as "without appropriate approval". Barrett noted that similar language is used in some cases, i.e. "No trees or shrub: snail be destroyed, except for the written consent of the grantee." This would indicate that the City has, as a matter of practice, allowed some easements to be reduced by the wntten consent of the grantee. Flint asked in what context the conservation easement is used. Barrett responded that the subdivision statute requires preservation of unique features of the landscape. Barrett indicated that if a property owner wanted to have a dock in a conservation easement, he would have to request a dock permit and an amendment to the easement. Jabbour noted that Mr. White's subdivision has not been completed because of this issue. Barrett opined that the City would not have to change the standard easement, but it could be amended by Council for specific requests if the Council chose to do so. This should probably be done at the time of subdivision. White commented that if he signed a document, he didn't feel comfortable knowing he would have to revise the document. Moorse suggested adding language to the conse' reserve the right to apply for a dock permit. n easement indicating that the owner could Council members did not feel it was appropriate to make any decisions without an application for a dock, which would present all the facts. White stated the dock was an example of a right he might be losing by signing the easement. He felt there could be other rights he was not aware of The consensus of the Council was not to make a change in pehey. Council asked that Mr. White bring an application back to Council for consideration of his specific property. Attorney Barrett requested an Executive Session to discuss pending litigation. 8 •V 2r^ rt. “• X, t» O ^ III ni ill |i= 8 - ^ isPo > n0 o S501 Q Q or c Pi ^ f^sr !=• S 3 111 |5 iHI iss 1 r Oh» -<2 •« O / . REQUEST FOR COUNCIL ACTION AUG 1 0 Date: August?, 1998 cnv Cf C’BC^:0 Item No. Department Approval;Administrator Approval:Agenda Section: Zoning Name: Michael P. Gaffiron Title: Senior Planning Coordinator Item Description; #2388 Wyatt & Nancy Moe, 1220 Loma Linda Avenue/1230 Spruce Place Vacation of Portland Place - Resolution Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre, sewered. Proposal: Vacate portions of Portland Place which the City assumed it had vacated in 1979. List of Exhibits A - Resolution B - Letter from Minnegasco C - Notice of Planning Conunission Action 7/21/98 D - Memo and Exhibits of July 15,1998 Please review the memo and exhibits of July 15. Briefly, applicants request the vacation of porti^s of Portland Place which lie between their properties in Blocks 1 and 2 of Saga Hill Revised. The history of this is detailed in the staff memo of July 15. Minnegasco has indicated they have a gas main within the right-of-way being vacated and have indicated an easement will be required. It also appears that overhead utility lines are in place the right-of-way, although we have not heard from the other utility companies which were notified by mail on July 8. The City has sewer lines within the right-of-way which will require a utility easement. The City Attorney is investigating whether the necessary easements can be reserved within the vacation resolution, instead of having to be appended documents as currently drafted. Planning Commission Recommendation Pursuant to the required 2-week notice a public hearing was held by the Planning Commission on July 20, 1998. The third parcel affected directly by the vacation was represented by the owner, Carolyn Udell, who was in favor of the vacation. Planning Commission voted 6-0 to recommend approval per the staff recommendation, including; 1.Approval of the vacation of that portion of Portland Place located between Blocks 1 and 2, Saga Hill Revised, adjacent to the Moe and Udell properties only. #2388 - Vacation of Portland Place August 7,1998 Page 2 2. 3. Moe and Udell shall grant the necessary utility (sewer and storm sewer) easements to the City over the portions of Portland Place to be vacated, unless the City Attorney confirms that such easements can be reserved within the vacation resolution. Similar utility easements to be granted if any of the utility companies confirm the need for easements. Staff Recommendation Staff recommends approval of the proposed vacation per the Planning Commission recommendation. A resolution approving the vacation is attached for adoption by the Council. Proposed motion : Moved by ___, seconded by ___, to adopt Resolution No.__ vacating the portion of Portland Place as described in said Resolution per the conditions appearing within said Resolution. A RESOLUTION VACATING UNIMPROVED PORTIONS OF PORTLAND PLACE WITHIN THE PLAT OF "SAGA HILL REVISED" IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 2388 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on June 12, 1998, W. Wyatt Moe (hereinafter the "applicant") filed a petition with the City of Orono requesting the vacation of an unimproved public right-of-way adjacent to his properties at 1220 Loma Linda Avenue and 1220 Spruce Place, such right-of- way originally dedicated as "Portland Place" in the plat of Saga Hill Revised, Hennepin County, Minnesota in 1887 and legally described as follows: That part of Portland Place as dedicated to the public within the plat of Saga Hill Revised, Hennepin County, Minnesota, which lies south of the westerly extension across said Place of the northerly line extended of Lot 1, Block 1, Saga Hill Revised, and north of the westerly extension across said Place of the southerly line extended of Lot 4, Block 1, Saga Hill Revised; EXCEPT that portion of the east half of Portland Place adjacent to Lots 1 and 2, Block 1, Saga Hill Revised, which was vacated by the City Council on October 23, 1961 and filed with Hennepin County as document #3514499 on December 2, 1964; and WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on July 20, 1998, regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission on July 20, 1998 recommended unanimous approval of the proposed vacation; and WHEREAS, the City Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings. 1. 4. The portion of Portland Place to be vacated has never been improved as a public roadway, but does contain City and other public utility lines which serve the public. 2. The vacation of Portland Place will not eliminate access to any adjoining or nearby properties. 3. Utility companies have been notified of the proposed vacation and Minnegasco has indicated that an easement for a gas main is required if the vacation occurs. The City does not intend to use the portions of Portland Place to be vacated for any public purpose other than for the utility purposes noted. NOW, THEREFORE, BE IT RESOLVED, that the petition of W. Wyatt Moe is hereby granted by the Council of the City of Orono and that the portion of Portland Place as legally described above is hereby vacated, subject to the following: 1. Prior to the filing of said vacation by the City Attorney, the owners of all parcels abutting the portion of Portland Place to be vacated which will accrue said vacated right-of-way, shall grant to the public perpetual easements for utility purposes over the respective portions of Portland Place being vacated, such easements to be attached to this Resolution as Exhibits A, B and C. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on August 10, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayo.’? Page 2 of 2 HUmnegasca B » NOR51M Ehebgy Company July 21, 1998 Michael P. Gaffron .... * Assistant Planning & Zoning Administrator City of Orono „ „ cr 2750 Kelley Parkway, P-0. Box oo Crystal Bay, MN. 55323 pg. Street Vacation of Portland Place Dear Mr. Gaffron: vacated. Minnegasco, pursuant to MSA 160.29. szrrzrs'r r,r»rs office, over all of Portland Place proposed to be vacated, we may consider rentoving ^ oprnf ^ttaXtS^ ^-ave ?he petitioner contact RicR PHon. Senior Administration Engineer, at 321-5426. Thank you for the advance notice and please send me a copy of the -final action" of this proposal. Respectfully, MINNEGASCO Steven Von Bargen Right-Of-Way Administrator pc: R. J. Pilon, Minnegasco Ron Wilson, Minnegasco 700 West Limien Avenue P.O.Box 1165 Minneapolis, MN CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO:W. Wyatt Moe 1230 Spruce Place Mound, MN 55364 TYPE OF APPLICATION: ZONING FILE #2388 NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 7/21/98 COPIES TO:Donald & Carolyn Udell 1210 Loma Linda Avenue Mound, MN 55364 John C. DeMoss 6950 France Ave. S., Suite 119 Edina, MN 55435-2024 Vacation DATE OF MEETING: 7/20/98 VOTE:6 FOR 0 AGAINST Planning Commbsion recommends the following: Approval as submitted. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council Monday, August 10,1998, meeting starts at 7:00 p.m. If you desire eeitified copies of the ofr.cial Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. X:\APPS\WP W rN 60\ WPDOCS\C AROLENPC ACT! ON\2388 TO: FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Michael P. Gaffron, Senior Planning Coordinator July 15,1998 #2388 Wyatt Moe, 1230 Spruce Place - Vacation of Portland Place - Public Hearing Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre, sewered. Application: Applicant requests that the City vacate a portion of Portland Place lying between Blocks 1 and 2 of Saga Hill Revised. , lO 91List of Exhibits r A - Application B - Plat Map C - Property Owner's List ^ D - Public Hearing Notice / ^ ^ E - Notice to Utilities a p** jC. ^ F - Pertinent Sketches ^ G - Excerpt from Title Examiner's Report H - 1998 Correspondence with Applicants Attorney I- Council Minutes of October 23,1961 . , • J. Council Minutes of August 14,1979 and Resolution No. 1062 "Confirming the Vacation of a Portion of Portland Place" K - Various Versions of County Plat Maps, 1976-Present L - Neighboring Surveys/Deeds Background Dr and Mrs. Moe are registering the title to their properties on Loma Linda Avenue ^d Spruce Place. The title examiner requested that documentation of the vacation of Portland Place be provided. Portland Place was (is ?) a 33' platted alley connecting Loma Linda Avenue and the road ImoNMi today as Spruce Place, which is partially located within the dedicated portion of Portland Place adjacent to Lots 5 and 6, Block 1, Saga Hill Revised (sec Exhibits D). County Plat Maps have variably shown Portland Place to be cither not vacated, partially vacated, or totally vacated, as can be seen from Exhibits K. During the Moe's recent lot line rea^gement and variance application, staff, applicants surveyor, and attorneys for both the City and the applicant all believed that the entire length of Portland Place between Blocks 1 and 2 was Pr^'‘oysly vacated. This presumption apparently resulted from a reliance on the fact that the County Plat Maps continue to show a vacation filing date of 12/2/64. In researching this matter, we find the following documentation. 1 Council minutes from October 23. 1961 indicate the City Council approved vacation of Portland Place adjacent to Lots 1 and 2, Block 1, Saga Hill Revised. (1 his would be the Zoning File #2388 July 15, 1998 Page 2 of 3 easterly half of Portland Place to the immediate north of Moe's property). Dennis Hill at Hennepin County Property Descriptions indicates their records show that this vacation was recorded at Hennepin County as document #3514499 on 12/2/64. Subsequent County plat maps appear to show more area vacated than was actually vacated in 1961. 2. In 1970 the City installed sanitary sewer lines in Portland Place. The sewer as-built maps do not indicate whether Portland Place was considered as vacated at that time. In a letter on file from Mr. Moe dated November 15, 1971 he indicates he granted the City a sewer easement over "Parcel 260" i.e. a portion of the property west of Portland Place. City files appear to contain no easement documents that would confirm or deny whether an easement was granted for the sewer in Portland Place. 3. A 1975 survey on file for 1240 Spruce Place (Wallner) does not show Portland Place (or Spruce Place) as vacated. A 1978 survey on file for 1250 Spruce Place (Wolfe) does not show Portland Place (or Spruce Place) as vacated. A 1992 deed for 1250 Spruce Place does not include 'vacated Portland Place' as part of its legal description. Apparently there is no obvious assumption via these documents that a vacation ever occurred. A 1979 survey for 1208-1210 Loma Linda (Udell) shows all of Portland Place vacated and references the 1961 and 1964 dates. 4. In August 1979 City Planner Alan Olson brought to the City Council a request to confirm the vacation of Portland Place. He noted that the County Registrar had blocked filing of the Moe drainage easement (which the Moes had granted to the City over a culvert they had recently installed) because the torrens certificates did not show that Portland Place was vacated even though other County records showed the vacation. Olson noted he could not locate any City records to show an earlier vacation "except that we have a sanitary sewer easement over the vacated street apparently relying on the plat map information". Pursuant to discussion, the Council voted 4 to 0 to adopt Resolution #1062 confirming the vacation of a portion of Portland Place, specifically all of that part of Portland Place lying between Block 1 and Block 2 of Saga Hill Revised, which would include the portions adjacent to 1240 and 1250 Spruce Place. The title examiner is now questioning the validity of the 1979 Council action because we cannot provide documentation that a public hearing and formal public process was held prior to such action. In fact, based on a review of the minutes, it is likely that no such hearing was held. Staffs current view (unless/until new information surfaces) is that Portland Place has not legally been vacated. In order for the Moes to complete their title registration, they are required by the title examiner to furnish proof that the pertinent portions of Portland Place have been legally vacated. The only apparent way to accomplish this is for the applicant to request the formal vacation of Portland Place, and that is the application in front of us. Zoning File #2388 July 15, 1998 Page 3 of 3 Criteria for Vacation Zoning Code Section 10.12 governs the vacation of streets, alleys, and public grounds. In past vacation requests, the City has determined that vacation may be appropriate when: 1. The va. ?ii*m Joes not affect access to or use of any adjoining property. 2. The City has nut and does not intend to develop, improve or use the dedicated right-of-way as road except for utilities and access purposes. 3. The unimproved dedicated right-of-way as its exists serves no public purpose. It is staffs opinion that these three conditions are applicable to the segment of Portland Place right- of-way adjacent to the Udell and Moe properties, but not to that portion adjacent to Wallner and Wolfe, where it is used for the actual Spruce Place roadway and shoulder. The only City utilities in place adjacent to Udell and Moe are City sewer lines. There may be other utilities using Portland Place, and the gas, electric, telephone and cable T.V. utilities have been notified of this request. There is a 30" storm sewer under Portland Place which likely is covered under the 1979 easement. No properties will have their legal access affected by the vacation of Portland Place adjacent to the Moe and Udell properties, and the portion of right-of-way to be vacated does not provide access to the lake. Staff Recommendation Staff recommends approval of the vacation of that portion of Portland Place located between Blocks 1 and 2, Saga Hill Revised, adjacent to the Moe and Udell properties only, subject to the condition that Moe and Udell grant necessary' utility (sewer and storm sewer) easements to the City over the portions of Portland Place to be vacated. Similar general utility easements to be granted if any of the utility companies confirm the need for easements. Options for Action 1. Recommend approval per staff recommendation. 2. Table for further information. 3. Recommend denial, stating reasons. 4. Other. Note: Applicant has requested that the City refund the $300 vacation fee. Although staff has spent considerable research time on this application, it can be argued that the need for the application is based on factors outside the applicant's control. Planning Commission may wish to make a recommendation to council regarding a refund. jig CITY OF ORONO - GENERAL LAND USE APPLICATION PROPERTY LOCA^. JN Site Address IX3C> Spruce. Placo- Type of Application to be Filed \1 A ctVT o Property Identification Number (P.I.D.) 67^11 Phone (home) Phone (work)_ APPLICANT Name tv* Address OWNER (if different than applicant) Name_ Address Date Property Acquired I (do) (dp>Q^ also own the adjacent parcels of land. FEES - CONDITIONAL USE PERMITS - _____$ 75.00 For each variance request with CUP application _____$175.00 Residential Accessory Use _____$250.00 Institutional (church, school, etc.) _____ $225.00 Guest House/Guest Apartments _____$200.00 Duplex Credit/Bldg _____$300.00 Commercial/Industrial Use $250.00 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 Cunreiit Application Fee (month/year) OTHER APPLICATIONS $250.00 Commercial Site Plan Review (+ consultant fees) ^ $300.00 Vacation _____$200.00 Easement Vacation _____$100.00 Easement Vacation With Subdivision _____$350.00 Rezoning (PUD - refer to fee schedule) _____$350.00 Comprehensive Plan Amendment _____$100.00 Appeals ____ Other - see Fee Schedule 4 ^ i. 7. REQUIRED SUBMITTALS Completed Application Form. Describe request in detail. 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 Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey information. Attach legal description to application if not included on required survey. Topographic survey (existing and proposed contours) if land alterations involve cheinges in elevation (grades). 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). 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 (ir* 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 included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff: Date APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature Date 0\^^^R S SIGNATURE Tne owner hereby acknowledges and agrees to this application and fiirther authorized reasonable entry onto the property by City staff, consultants, agents, commission members, and Council .members for purposes of investigation and verification of this request. Owner’s signature Date Applicant must have all submittals mto 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 ail scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. m RUN DATE 07/01/97BAT;H 502 PROP AODR OHNER NAME TAXPAYER NAHE/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADOR PROP ADDR OHNER NAME TAXPAYER •NArai/ADDR PROP ADDR OHTCR NAME TAXPAYER NAME/ADDR PROP ADDR OHNER NAME TAXPAYER NAME/ADDR PROP ADDR 0M4ER NAME TAXPAYER NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 07-117-23 14 0013 < 01155 LOMA LINDA AVE EUGENE 6EYEN ETAL EUGENE A GEYEN 1155 LOMA LINDA AVE MOUND MN 55364 38 07-117-23 14 0068 01185 LOMA LINDA AVE D 8 2 M J SAMS DOUG 2 MARY SAMS 1185 LOMA LINDA AVE, MOUND.HN- 55364 38 07-117-23 41 0008 01295 LOMA LINDA AVE ' C 0 ANDERSON 2AM ANDERSON CHARLES 2 ANN ANDERSON 1295 LOMA LINDA AVE MOUND MN 55364 38 07V117-23 01264 NQR1 M 8 MUELLERT2 JOSEPH 1264 I^TH ARI MOUND^ 551 0011 'ARM OR M K MUELLER MUELLER DR 64 38 07-117-23 41 0051 01305 SPRUCE PL CLAYTON R FUCHS CLAYTON R FUCHS / 1305 SPRUCE PL MOUND MN 55364 38 07-117-23 41 0078 01295 SPRUCE PL HENNEPIN FORFEITED LAND CITY OF ORONO CONVEYED 2/8/82 ST DEED 161147 38 07-117-23 14 0062 , 01160 NORTH ARM OR K A 2 L M KELSEY KENNETH A 2 LOURITA M KELSEY 1160 NORTH ARM DR MOUhIO MN 55364 38 07-117-23 41 0006 01205 LOMA LINDA AVE K R HINRICHS 2 S M HINRICHS KEVIN R P SUZANNE M HINRICHS 1205 LaU LINDA ORONO MN 55364 38 07-117-23 41 0009 f 01280 NORTH ARM OR P K HUNTSMAN 2 K L HUNTSMAN PAUL K 2 KR.tSTINE L HUNTSMAN 1280 NORTH ARK DR MOUND MN 55364 38 07-117-23 41 0012 01216 NORTH ARM OR R L DURKIN ETAL RICHARD.L DURKIN 1216 NORTH ARM DR MOLIND HN 55364 38 07-117-23 41 0076 / 01254 LOMA LINDA AVE K L HOFFMANN 2 L S HOFFMANN KEr^ETH L 2 LINDA S HOFFMANN 1254 LOMA LINDA AVE MOUND MN 55364 38 07-117-23 41 0087 01210 LOMA LINOA AVE ^ DONALR R UDELL ET AL OONAl'. R 2 CAROLYN UDELL 1210 LOMA LINOA AVE MOUND MN 55364 LL ; REPORT NO. PI43540I PAGE 7 38 07-117-23 14 0067 ✓ 01180 NORTH ARM DR M M ERICKSON 2 N J ERICKSON MARK 2 NANCY ERICKSOfJ 1180 NORTH ARM DR MOUND MN 55364 .^0 />7-M7 M dOli. ■ //vr UlMA. SbFF Jc>HA*Se»M . , /tlAJ 38 07-117-23 41 0007 01225 LOMA LINDA AVE JEFFREY 0 UDELL JEFFREY 0 UDELL 1225 LOMA LINDA AVE MOUND MN 55364 38 07-117-23 41 0010 01264 NORTH ARM DR / J 8 MUELLER 2 M K MUELLER JOSEPH 2 MARY MUELLER 1264 NORTH ARM DR MOUND HN 55364 38 07-117-23 41 0050 / 01370 NORTH ARM OR C M BANICK 2 K L K BANICK KARX 2 CHRISTOPHER OANICK 1370 NORTH ARM OR MOUND MN 55364 38 07-»ai7-23 4^0077 01254 \pt-IA l^OA AVE K L HOFFFlAMiP^ L S HOFFMANN KENTIETH L/kLINOA S HOFFMANN 1254 LOMA LINdA AVE MOUND 5^64 38\07-117-2: 012^ U SCOTT SCOTT 2yUEl 1290 LffMA LII \\ 0089 LINDA AVE UDELL UDELL AVE MOUNIKMN ► \ ■ply,'* IA.^0 burnt- RUN DAT! BATCH 5C PROP ADC OHN^R n; TAXPAYEF NAHE/AC PROP ADC OHNER N/ TAXPAYEF NAME/AC PROP ADC OHNER TAXPAYEF NANE/AC PROP ADC ONNER NM TAXPAYER NANE/AC PROP ADC OHNER Nil TAXPAYER NAHE/AC PROP ADD OHNER Nl TAXPAYER NAME/AG CITY OF ORONO 2750 Kallay Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phono (612)473-7357 Fax 473- 0510 NOTICE The Planning Commiss on will noid a . public hearing in the Council Cnamoers a: 2760 Kelley Parkway on Mortcay. July 20. 1998 at 7:00 p.m. on the mailer of application . #2388, a request by W. Wyatt owner of * 1220 Loma Lmda Avenue ora i230 Spruce Place for vacation of the following oescnoeo dedtcaied roadway: That portion of oeoicated roadway knowns as •Portland Place* lying between Blocks 1 and 2 of Saga Hill Revised. Hennepin County. Minnesota. ' All persons wishing to oe heard will appear at th.s time. Written comments are solicited. A map of the proposed vacation is .ivaiiable in the Gty oHicos for revow. City of OroTK) - By: Planning Commiss on Michael P. Gaffror*. Sen.or Planning Cooromaior (Published m The Laker ana Pioneer Jwiy 4.1998) Affidavit of Publication state of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound. Minnesota, and has full knowledge of the facts which are stated below: A. ) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B. ) The printed Appi inaMon which Is attached was cut from the columns of said newspaper, and was printed and published once each week for-----successive weeks: It was first published Saturday the----4—day of July_______iq 98 and was thereafter printed and published every Saturday, to and including Saturday, the.day of. Authorized Agent ' \ y Subscribed and sworn to me on this day of / July .19 98 ..... W6T§ryT^blic KRISTI HCI.M i M'' ccvwissio.N cXPinss JANUARY 31. 2000 —*^^^ato4nfom»ati©n ---------- (1) Lowest classified rate paid by commercial users lor comparable space: $12.90 per inch. (2) Maximum rale allowed by law for above matter: $12.90. (3) Rate actually charged for above matter: $7.19 per inch. Each additional successive week: $5.14. July 8,1998 GTE Telephone Operations Attn. Gail 2378 Wihhire Bivd. Mound, MN 55364 Minnegasco Steve Von Bargen, Real Estate Specialist 700 West Linden Avenue Minneapolis, MN 55440-1165 Northern States Power Co. Attn. Lisa Rainbolt 5505 Coumy Road 19 Shorewood, MN 55331 Triax Cable Co. Attn. Robert Craig, Plant Manager 2381 WilshireBlvd. Mound, MN 55364 ^“7®"^^y/®viewing a proposed vacation of dedicated public right-of-way y- utility has any Sincerely, Michael P. Gaffron Senior Planning Coordinator Telephone (612) 473-7357 • FAX 473-0510 e F-l WS6 /iei<TT7AJ<i S^ere. (/IfC/LOK. I-CCP^O/^^ SOO0 e xcefij>r T/ri£ ex^MfAitie. 3 Land Lots 3 & 4, Block Q Certificate of Title No. 829621 Owners a nd Encumbrancers jk ta A j § Kenneth L. Hoffmann and Linda S. Hoffmann, joint tenants 1?^ th\J% Bank of America. FSB f >»V * Lots 3 « 4. Block 3 Je.Trey D. Ude» GMAC Moftoaoe Corporation Northeast State Bank Lot 5, Block 3 ‘Charles O. Anderson and Ann M. Anderson, joint tenants North American Mortoaae Comoam/ US Bank. N/P ---------—^ Hrsl Bank ef Soulh Dakota (Nalion..l I also lacommend as defendants the occupants of the above lots, the names of w ®ifl should determined by the applicants'attorney. innj a ! • I ' f«olutlon vacating that part of Portland Place included m the registration. The applicants should provide me with a recordable copy of the (d) The vacation resolution as to Lake Street, Grove Street and the park is shouW^ -H T Thereshou d be evidence at the hearing to support a finding of fact in the Decree of RegisIraUon I recommend the City of Orono as a defendant. (e) The property should be registered subject to the follov/ing; Jz}rt “"ditions and restrictions contained In Resolution No. 3963 of e Ci.y Council of the City of Orono, Document No. 6792312. (0 Resolution No. 394S of the City Council of the Cii, of Orono has been recorded as Document No. 6792315 I assume there will be evidence at the hearing to support a 3 UTiupv-svi^ij di>njT qanos OtoSTOfCIO .YVJ Ci:60 I4J CITY of ORONO Municipal OfHces Street Address: 2750 Kelley Parkway Orono, MN 55356 H-l Mailing Address: P.O. Box 66 Crystal Bay. MN 55323-0066 John C. DeMoss, Attorney at Law 6950 France Avenue South, Suite 119 Edina, Minnesota 55435-2024 Re: Land Title Registration, W. Wyatt Moe and Nancy S. Moe Dear Mr. DeMoss: This letter is in response to the information requested by your above named clients regarding registration of the title to their properties in Orono, per the Report of Examiner dated April 14,1998, specifically items 4(c) through 4(g) on pages 3 and 4. In regards to item 4(c), documentation of Portland Place vacation: The comment requests documentation of a City Resolution vacating Portland Place. The Hennepin County plat map suggests that the entire segment of Portland Place lying between Blocks 1 and 2, Saga Hill Revised, is vacated, with a note stating "Vac 12-2-64 Filed"; however, the shading of the map consistent with a vacation is not apparent on that map. Pursuant to your request, I researched City records, including Planning Commission minutes. City Council minutes, and Resolution Files for the years 1963-64-65 and find no record that the City took such a vacation action. Dr. Moe noted to me he thought this might have been dealt with around 1976, and I also can find no such action during that time period. In discussing this with Dennis Hill at the Hennepin County Property Descriptions office, he noted that the portion of Portland Place north of Moe's property adjacent to Lots 1 and 2, Block 1, Saga Hill Revised, was vacated on October 23, 1961 and recorded as Document #3514499. I have enclosed a copy of the City Council minutes approving that vacation. Mr. Hill also noted he finds no specific documentation in Countv records of the vacation of the remainder of Portland Place, 6nd that the County maps may in fact be drawn incorrectly. My subsequent review also found tl<a? the County maps have been inconsistent on this topic through the years (see attached County maps dating to 1976). The City installed sewer in Portland Place in 1970. Design plans for that sewer do not indicate Telephone (612) 473-7357 • FAX 473-0510 John C. DeMoss May 3, 1998 Page 2 M <'To-,T “ 1>« time. In a letter on file from Mr Moe dated November 15,1971 he indicates he granted the City a sewer easement over 'Parcel 260' i e a portion of theproperty of Portiand Place. City files appear to contain no easement doc^eoB to would confirm or deny whether an easement was granted for the sewer in Portland PlL- at to date I must assume there is no easement of reeord. and ask to such an easement be grmted ?o to City, per th^ conditions of Resolution No. 3950. ^ wLlr Po^,!d"m?ril ^ of discrepancy regarding a ^ ’“0 «»™”«'n>ent review by to Planning at to, ™ ^ by their surveyor. Sw In regards to Item 4(d), satisfaction of conditions of Resolution #3950: Resolution No. 3950 (vacation approval. Doc. #6792311) contains to following conditions- 3. Granting of drainage easement over drainage ways (Doc. #6792314). Granting of easement for sanitary sewer 1 ines within parcels A, G, B, D and/or F (easement signed but not filed pending City creation of legal description). ranting of easements for any other subsequently identified existing utilities (pending). In regards to Item 4(e), satisfaction of conditions of Resolution #3963: Resolution No. 3963 (variance approval. Doc. # 6792312) contains the following conditions: 2. 3. 4. 5. No action required No action required V John C. DeMoss May 3,1998 Page 3 In regards to Item 4(f), satisfaction of conditions of Resolution #3948: Resolution No. 3948 (Subdivision/lot line rearrangement approval. Doc. #6792315) contains the following conditions: 1 . Legal combination per the approved survey (confirmed with Hennepin County) 2. Granting of easement over drainageways (Doc. #6792314) 3. Ditto 4. Granting of easement for sanitary sewer lines within Parcels A, G, B, D or F (casement signed but not filed pending City creation of legal description) Granting of easements for any other subsequently identified existing utilities (Pending) Provide Title Opinion (done) Division to be filed with County by 2/25/98 (done 10/6/97) No action required 5. In regards to Item 4(g), registration should be subject to drainage and utility easements over parts of Lots 3,4 and 5: (Agreed) To summarize, issues of import to «ie City include: 1 . If no documentation is found to support the vacation of Portland Place, a formal application for its vacation should be filed with City. 2. City will be surveying existing sewer lines this spring to create easement description. 3. Asa result of this review. City will also describe sewer lines in (vacated?) Portland Place for probable utility easement needs. Please feel free to contact me at 473-7357 if you have questions. Sincerely, Michael P. Gaffron Senior Planning Coordinator end. cc:Wyatt & Nancy Moe Tom Barrett, City Attorney Ron Moorse, City Administrator Greg Gappa, Director of Public Services 9 CITV of ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, AWI 55323 0066 May 6,1998 0^ John C. DeMoss, Attorney at Law 6950 France Avenue South, Suite 119 Edina, Minnesota 55435-2024 Re; Moe Title Registration - Confirmation of Portland Place Vacation Dear Mr. DeMoss; Puielv by chance, while searching for information on an entireiy unrelated su^ ect, I just ran across a resolution of the City Council in 1979 confirming the vacation of Portland Place. A copy of this resolution is attached. This letter serves as an addendum to my letter of May 3. In regards to item 4(c) discussed in that Ster attached City Council Resolution No. 1062 dated August 14,1979 provides confirmation ^t Sd PlaVe hLTin fact been vacated, if no easements are of record for existing utilities within vacated Portland Place, such easements must be granted. Please contact me at 473-7357 if you have questions. Michael P. Gaffron Senior Planning Coordinator end cc:Nancy & Wyatt Moe Tom Barrett, City Attorney Ron Moorse, City Administrator Greg Gappa, Director of Public Services Dennis Hill, Hennepin County Property descriptions Telepbone (612) 473-7357 • FAX 473-0510 ^>1 mes9'^ May 8,1998 CITYof ORONO Municipal Offices Street Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323*0066 John C. DeMoss, At^oaiey at Law 6950 France Avenue South, Suite 119 Edina, Minnesota 55435-2024 Re: Moe Title Registration - Documentation of Process: Portland Place Vacation Dear Mr. DeMoss: You have indicated that the Title Examiner is requesting docurr.entation of the public process that occurred in relation to adoption of Resolution #1062 in 1.979. City files contain minutes for the August 14. 1979 Council meeting which do not reject that a hearing was held. Council and Planning Commission minutes and agendas for the montfe direct y prior to that date indicate no record of any hearing or discussion of the matter Aug^t 14 meetin'^ The background information provided to tlie Council for meetings ca. 1979 (exwpt for matters refated to zoning applications) was apparently not kept or microfilmed for future reference. Enclosed is a copy of the pertinent August 14,1979 Council minutes. From the City ’s point of view, Portland Place is vacated. Lu me know if I can be of further assistance. Michael P. Gaffron Senior Planning Coordinator end. cc:Wyatt & Nancy Moe Tom Barrett, City Attorney Ron Moorse, City Administrator Greg Gappa, Director of Public Services Telephone (612) 473-7357 • FAX 473-0510 Village cf Orono Crystal Bay,Minnesota..f ^ <■'Minutes of Council meeting held In the Village Hall 0n October 23,1961-7:50 PyPresent: H.R.Ross,MayorjR.C.Bagley,W.J.Schmitt,K.Turnham,E.O.Wood,Trustees Qr A. Hanson, Assr. ,A.G. Stinson,Foreman, O.E. John son. Clerk, S.B. Belt, Dep.Clk. Minutes of meeting held on Oct.9,1961,were read and approved. Mrs Emil Peterson,Secy.of the Casco Point Community League,was present inviting Council members to attend a meeting of tnelr League at the Elizabeth Gardner School on November I7th,I96I,at 8:00 P.M. ; Geo Oscha of Fox Inc.Navarre,was present requesting permission to move a house : 00x22 ft.to a low lot on the grounds of the former Ferodowell nursery,tne site to be filled in for a split level home.Tne house and site will be viewed by Bagley and Hanson for furtner report at our next meeting. Ted v/olf requested approval of his plans for building permits on Lots 5,6,7,8, and 9 Block 6,Berqulst-Wlckland Park Addn.Begley reported favorably recomrnendg Issuance of two permits wnicn was approved.Air.Wolf also requested approval of permlt^^for Lots 5,6, V, 8,9 end 10, in Block 3, in same Add n. (Referred to Ean.Con^ /^earing on petition of Geo.Heatncock and Maud Johnson,for vacation of Portland / Place adjacent to Lots I.and 2,Block I,Saga Hill Revised Addn.was held with no I one objecting and on motion of Bagley,seconded by Schmitt,petition was approved ^Geo.Tlllscn and hie attorney Wm.Fox,presented plans for division of the Ferod- wlll propb-'ty in Casco Point.Referred to the Plang.Com.for their recomendation. Wesley Wegen and Henry Meyer were present in reference to the possible purchase of^Lot I3'^3nodywood Addn.Tney werecreferred to our attorney now defending suit with reference thereto. John Hurley end a com.ulttee,representing the Snadywood Improvement Assn.wer'e present with petitions for extension of the Mound water system to the Shady- v/ood Point area.Tney were advised that a puolic hearing would be necessai'y and subject should first be approved by the Village Council of Mound. '•"'red Olson wss present i‘eauestlng the hard-topping of the Baldur Park Road. Due to lateness of season blacktopping would be deferred but grovel would oe applied to road and drainage problems cnecked to extent possible. Donald wpite presented plans for a 20 lot subdivision of his property at the intersection of Co.Hl-ways 19 & 84. ( Submitted to Planng.Com.for review.) Tne hearing set for rezonlng of property described in notice of published nearing referred to in minutes of of Oct.9th from residential to commercial classification involving petition of Melvin Olson was approved permitting use of tnis area oy the Henn.Co.Highway Dept. Cnanr.es in codes and ordinances submitted by Hanson were reviewed and orc.erec submitted to attorn^ Mewhall for review orior to ruollcation. Verified Acctc.ar.d Dills Mo.I€V5 through Ho-IVO’^ were reviewed and approver.. Meeting adjourned. Approved: ol / V /' 0. E. Joxtnson,Clerk. REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 14, 1979• •Butler moved, Paurus seconded, to accept the 201 Alternative Waste Management Study Report from the MetropolitaU'J'Jaste Control Comrrdssion and Michael Gaffron'i^^eview of the study. Motion, Ayes (4) - Nays (0\ / Page 15201 ALTERNATE WASTE MANAGEMENT STUDY* Mr. Alan Olson, City I^anner, entered into the record the subdivision ^guest of Fred Herfurth, 2^5 North Ferndale Road,\^ated August 2, 1979, which states: The developer is proceed,ing\with design plans for installation of improvementsXper the preliminary approval in March. I recommend adoption of the attached resolution formally requesting Wayzata’s apJ>roval of the necessary sewer and water extensions. An inventory of existing sewer and water assessments on this property indicates that the property was originally assessed for three units (2 on Parcel 205 and one on Parcel 3600). 4 The Chevy Chase project was assessed wholely on a unit basis with $2,108.04 per unit being a lateral sewer assessment and $192.60 per unit being a lift station assessment. Because in this case, the developer is constructing his own laterals, I recommend charging only the lift station portion against the additional units in this division; i.e. 4 units X $192.60 = $770.40. This amount \ would be payable with the fees and other charges ^at the time of final plat approval. ./ Council Meeting - August 14, 1979 Butler move^ Paurus seconded, to adopt Resolution #1061, A ysolution Requesting Approval Prom The City Of W^zata For Sewer And V7ater Extensions Into The North/ate Subdivision. Motion, Ayes (4) - Nays.(O)/ „ , ' UTILITY EXTENSION* Northgate Subdivision 225 North Ferndale Rd. RESOLUTION #1061* Northgate Subdivisior Sewer & Water-Wayzatc rea Mr. Alan Olson, City Planner, entered into the record the following dated August 2, 1979, which states: The County Registrar has blocked filing of the Neincy Moe drainage easement because one lot is Torrens property and that certificate does not show that Portland Place was vacated even though other County records show the vacation. PORTLAND PLACE VACAT (Continued) * ' REGULAR MEETING OF THE ORONO COUNCIL, AUGUST 14, 1979I cannot locate any City records to show an earlier vacation except that we have a sanitary sewer easement over the vacated street apparently relyir.g on the plat map information. I tecommend adoption of the attached resolution to confirm the vacation for the County record, so that our drainage easement can be filed. Council Meeting - August 14^ 1979 Butler moved, Paurus seconded, to adopt Resolution #1062, A Resolution Confirming The Vacation Of A Portion Of Portland Place. Motion, Ayes (4) ~ Nays (0) • Page 16PORTLAND PLACE VACAT (Continued)' RESOLUTION #1062* Portland Place Vacati Mr. Alan Olson, City Planner, entered into the record the following for the release of escrow funSs for the l^ielow*s Addition, dated August 8, 1979, which Vtates: Staff inspection as of that all requirements of have been completed. ust i, *1979, reveal ,e Developer*s Agr ement I recommend release bf the remaining escrow funds in the amount of $2,356. \ / Council Meeting ~ August 14, 19^9 / Butle- moved, Paurus seconded, toVapprove the release of escrow funds for the Sri^elow Addition in the amount of $2,356. Motion, Ayes (4)- Nays (0). RELEASE ESCROW FUNDS’' Stielow* s Addition t: Mr. Aleun Olson, City Planner, entered\into the record the following memo from MichaelyGaffron, Septic System Inspector, concerning the.status of sewer hookups as of August 1, 1979, dated August 3, 1979,which states: ^ Attached is a list of properties which have not been connected to sanitary sewer within the^ specified time limit. Owners of these properties were sent notice that connection was required before the SETTER HOOKUP REPORT* August 1, 1979 deadline. \ A number of these/homeowners are trying in good faith to complete'the hookup and have run into \ financial or technical problems. These situations will be handled/by staff. ' I recommend that the remaining 10 o/ 12 be sent a letter from the City \ Attorney stating that legal action is jjending and s will be commenced if steps are not taken immediately to complete connection.(Continued) :at RESOLUTION NO. 1062 A RESOLUTION CONFIRMING THE VACATION OF A PORTION OF PORTLAND PLACE cati WHEREAS, on the original plat of Saga Hill Revised as recorded in the Hennepin County Recorder's Office there was dedicated a public street by the name of "PORTLAND PLACE"; and WHEREAS, that portion of Portland Place lying between Block 1 and Block 2 of Saga Hill Revised is not and has never been developed or opened for use as a public street; and WHEREAS, the plat maps prepared by the Hennepin County Surveyor's Office show that a vacation was filed with the Hennepin County Recorder's Office on December 2, 1964 for that portion of Portland Place described above; and • WHEREAS, the City and the owners of property abutting the above described portion of Portland Place consider the street to have been officially vacated and have in fact entered into separate easement agreements for sanitary sewer and drainage improvements which have been or will be constructed across and under portions of their property including portions of said Portland Place as originally platted; and WHEREAS, the Hennepin County Registrar of Title's Office has informed the City that there is no certificate of vacation recorded on the registered title of Lot 4", Block 1, Saga Hill Revised: that said Registrar will not record a newly, agreed upon easement until such vacation is properly recorded; and that the City has no knowledge as to why the Hennepin County Recorder's Office and the Hennepin County Surveyor's Office have records differing from those of the Registrar's Office; NOW, THEREFORE, BE IT, RESOLVED, that the City Council of the City of Orono hereby confirms the vacation of that part of Portland Place lying between Block 1 and Block 2 of Saga Hill Revised as recorded in the office of the Hennepin County Clerk and Recorder except for preservation and continuation of all recorded drainage and/or utility easements on, across or under any portion of said street. %Resolution No. 1062 Page 2 Adopted by the City Council of the City of Orono on the 14 day of August._________1979. __________________ ^ William B^. Van Nest, Mayor ATTEST: STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk/Administrator of the City of Orono hereby certifies that attached hereto- is a true and correct copy of the original Resolution N:’.lfl£2_ passed by the City Council of the City of Orono on August 14_ _ _ _ _19 79 on file in the office of the City Clerk/Administrator, City of Orono. Dated, this day of , 19 79 IS OP POOR OUALITVDOCUMBNT COMMUNICATIONSp------f ^ o10 9% ’M:I. r i ______________ SSBjf •■.^ '*V7Ttury . V-‘;-.,* iS'- 's, ^ • .;;’,VT: » 'lr' ’•“ ■;* -'V I -9^---------^ iS>A.-«: g. •. - -_i»'.’.',ri k A' "iS a*V»-_-(: I - 1 »"- m 3S^ : r.'/ i •! 2S »/-* .'■i emS 7ir^ • 1^•V ifsb: 4 V Wt- ;>:*a^< -4: 41 f :«-^l " '*.*H *41^ k -^i £ (! -4^ «ii?k U % < 1/5 V)-AKri lif <7 ]■ / Vui__i IX :i»?W- IX Vr /f i y 1^4 77 /—■ Ffp/ I1 h'.-04-1?93 09 =13 HEIWI '10 PPOPEPT i' Th.:It. P. tj 1 ij iPost-it ’ Pax Note 7671 Date 5,4.9^ p’agU^Utffe ^AFF/eOhi .bFAJIF^ z/W/CoiOepi.CoPhone#PnoneltFa*# ^ 0 Forfr.JVo.B.M-WARRANTYDEEO Individual (i) to Joint Tanants Mlnncsou Ualfom Convcyandnf BUnki (1171)Mta«#.Otv«t Co, Uinn««po(ia,19. County Auditor Deputy STATE DEED TAX DUE HEREON: $ 594.00 Date: 28 _______________.19 im use Crcal property in recorded ^ • Grantees as Joint ................Lws: S 80*30*: ------------- MMMnts, lestrictlcra <nd resenratlcra o£ record. If exceptions: 14*35- r Affix r.'ix SL*mip Here STATE OF MINNESOTA COUNTY OF Henneptn_______* ss. by__ . Single notarial STAMF or seal (Or ’oTHER Trrl?^ RANK) •AAVV wV ,1922. •'«NA\WVVV\.VVVSW\VV^.VV'VVv , . ■. ■ RouvMr.ytou::(r ’ •• > ^ reufaf"'''" I J Mjr CommoTii Inputs SepL 8.1&U4 ^ l'V^,^^^^AAM.^AWA'.PA^V.VW^,vvUreV^ THISINSTROMENTWAJOlUfTioi/WAMEANbADbakM) MINNESOTA TrH£ / RM 3601 West Minnesota Drive,#150 Bloonington, Minnesota 55435 .. . —------------ Grantor (t). ,-^Lcps •lONAiHaE or fERsoN tA kw^ckn ^eooment ------ tail Ifutrunaol ahould David A. Wallner 1240 Spnice Place, Orono, Minnesota 51*403 ■ I ■■ a • I f I ROY J. HANoEN Lsnd SurveyorANDCivil Engin*«rOF PROPERTY OF V0oir<2.Spruce P lacePLAT OF SURVEY 13907 Spring Uk« Road Hopkins. Minn. 55343 Telcphona 938-5678locationDCSCRIBCO AS FOLLOWS O r-Q»\Q ^ ^A^a^Lot Co, e>\o<^b V , ■Saga HiU Rgy/isgcl #41 -^o £ a£5 '43.^ pftf- ^ 3.*_ 3 4- .C e.7 2*71 \ \ \ 7 m <^'T C2-C-^"^ ^ V <=’r'!■>•’-f. f ‘-‘ • ‘*‘'°,',ce5 _____ • p \ \ msimuusimiwcMflun Sc-al(i : i " - 3o ’ ® T^erotes irov\ VT\orvumc2rVt CERTIFICATE OF LOCATION OF BUILDLNG I hereby certify that on____________________19 survey of the location of ihe buildingts) on the above CERTIFICATE OF SLUVEY ^ I hereby certify that on_J^-«-»<^ / "3 described above and that the above plat IS A corrcci representation of ssid survey. ROY J. HANSEN, REGISTERED SURVEYOR NO. 6274 / Department Approval: Administrator Reviewed: Name Elizabeth A. Van Zomeren Title Planner/Zoning Administrator Agenda Section: Zoning Item Description: #2393 Richard and Carol Kail 2917 Casco Point Road Variance-Resolution Zoning District:LR-IC One Family Residential District (1/2 acre) Lot Area:8,990 sq. ft. (.206 acres) A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (C-1&2) FILE #2393 WHEREAS, Richard Kail and Carol Kail (hereinafter "the applicants") are owners of the property located at 2917 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 108, Spring Park, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Plaiming Codes, the Orono Planning Commission held a public hearing on July 20, 1998, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (C-1&2) to permit construction of a 14'x20' garage in the 250-500' setback where 3,522 sq. ft. (39.4%) hardcover exists and 3,610 sq. ft. (40.1%) is proposed where 2,697 sq. ft. (30%) is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Miimesota: FINDINGS 3. This application was reviewed as Zoning File #2393. The property is located in the LR-IC Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .206 acres or 8,990 sq. ft. The Orono Planning Commission reviewed this application on July 20, 1998, and recommended approval on a vote of 6 to 0. 4, The Planning Commission made the following findings of fact: Page 1 of 4 5. A. The subject property does not meet lot area or lot width standards. The existing residence does not meet the side yard setback from the east property line. B. The lot provides driveway access to the adjacent lakeside property which is also owned by the applicants. C. The property currently does not have a garage. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (C-1&2) to permit construction of a 14'x20' garage where hardcover exceeds the maximum allowed. A variance is required to increase from 39.4% to 40.1% in the 250-500' setback where 30% is allowed. Approval was subject to the following conditions: 6. I.The garage shall not exceed 14’x20' and shall be located 10 ft. from the rear and side property lines. 2. The existing shed in the street yard shall be removed. 3.The applicants and future owners are on notice that future requests to increase hardcover will not be favorably reviewed. Page 2 of 4 4. 5. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 10, 1998). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 10th day of August, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of August, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 _before me a Notary Public within and for said county, personally appeared ___________________________^^----------------- known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 _before me a Notary Public within and for said county, personally appeared ___________________________^^----------------- known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed die same as his (their) free act and deed. . Notary Public Page 4 of 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20,1998 (»12) M393 RtCHARD AND CAROL KAIL. 2917 CASCO POINT ROAD - VARIANCES. 9:35 p.m. - 8:55 p.m. The Certificate of Mailing and Affidavit of Publication were noted. * /• Mr. and Mrs. Kail were present. n Zomeren staled the Applicants are proposing to remove an existing carport and construct a 20 by 20 detached garage. Variances are required for side yard setback to allow the garage to encroach Into the 10 foot required side yard, with a variance for hardcover being required In the 250-500' setback. van Zomeren noled this Is a substandard lot. less than 1/5 of an acre, and does not meet the lot ’ ama or lot width standams. Existina hanicover Is at 39.4 pement. with the limit being 30 pement The existing dnveway. which Is located on the subject property, also provides access to the adjacent lot. Mrs. Kail stated they would lIXe to remove the shed located at the front of the property and erect a garage where the existing carport Is. Chair Smith inquired whether the existing garag^could ”beldd^d onto. Mr. Kail noled that if a stall were added to the existing garage, it would give the garage the appearance of a long bam. Mrs. Kail said she was not opposed to that idea. McMillan noted the properties are not combined. Mr. Kail remarked they have no plans at the present time to combine the lots, but would like to do so In the future. an stated she would be in favor of a oversized one-car garage to replace what is currently there. I commented a sewer line goes through the middle of the property which reduces possible sites for the garage. Kali stated a 20 by 20 garage allows for two cars, and inquired whether they could construct a car and a half garage. meren stated the typical parking stall is 9 by 20 feet and they could construct a 12 or 14 by 20 ew -Hvc wKitK ir Page 14 K ir ORONO PLANNING COMMISSION MEETING MINUTES FOR JULY 20.1998 foot garage. McMillan stated she would be In favor of a 12 or 14 by 20 fool garage. Mr. Kail commented they lost some land when the road was Improved In the area, Stoddard stated he would be In favor of a 14 by 20 fool garage. Van Zomeren noted there Is a required ten foot setback from the house to the garage. McMillan Inquired whether the applicants would be In favor of an attached garage. Mrs. Kail replied no. There were no public comments. Lindquist Inquired whether the applicants were comfortable with adding a 14 by 20 foot garage. Mrs. Kail commented a 14 by 20 foot garage is belter than what Is currently there. /. A Side- loading fosne^ state^the j^roposed garage would leave a 20 foot depth, which Is ten feet short of the reqtilfed minimum. ofHHwuld odd 25 to 30 feet of driveway. The side yard setback would be 10 feet. Lindquist stated he would be comfortable with the 10 foot side yard setback and a maximum of 50 additional feel In hardcover for the driveway. Chair Smith noted the 10 fool side yard setback is required because the two properties are not combined, and If sold as separate lots, they would be in conformance with the ordinance. Lindquist moved. Smith seconded, to approve Application #2393 for t.he property located at 2917 Casco Point Road, with the understanding the proposed garage will be constructed 10 feet off the side yard and rear yard setbacks, a maximum of 50 square feet of hardcover win be added for driveway, the existing shed and concrete will be removed and replaced with a 14 by 20 foot garage. VOTE; Ayes 6. Nays 0. (Recess was taken from 8:55 p.m. - 9:03 p.m.) (#13) #2394 C. PETER PEARSON COMPANY HAVING AN INTEREST IN 2695 KELLY AVENUE VARIANCES. 9:03 p.m. - 9:23 p.m. The Certificate of Mailing and Affidavit of Publication were noted. Gary Bimbaum was present. Page 15 •. ••• • ^ ^ , *• ov.- i‘'\ > X a ' w ^iu • • •f U K> -> • • • •^ ETg a ^ J*^ If I O ■^ ■ Z (/)S ^ ■.? o ■ S .2 • •(D I TJ O "n (T> (D 8 / / I (/)o Xom >o (/)o zo r CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 notice of^plant ^ commission action DATE OF NOTICE: 7/21/98 TO: Richard & Carol Kail 2917 Casco Point Road Wayzata, MN 55391 COPIES TO; type of APPLICATION:Variance date of MEETING: 7/20/98 Planning Commission recommends the following: VOTE:6 FOR 0 AGAINST Approval subject to conditions noted below. notes and special CONDITIONS: Meet 10 ’ side yard setback.1. 2. Meet 10 ’ rear yard setback. 3. Limit size of garage to 14 ’x20'. 4. Allow additional hardcover for garage and driveway apron. rr H re certified copies of the official Planning Commission minutes, they are available from X:WPPSVWP»1N6WV<PDOCS«:AROLEVCACTIO»2»J • r' :.-;''mI t- *:v<' V. '/^ ■ o'^ ^ - 54'/<«+- Shc<i4t> TO:FROM: DATE: SUBJECT: Chair Smith and Orono Planning Commission Members Ron Moorse, City AdministratorLiz Van Zomeren, City Planner/Zoning Administrator July 13, 1998 #2393 Richard and Carol Kail 2917 Casco Point Road Variances-Public Hearing Zoning District: LR-IC Lot Area: Application: One Family Lakeshore Residential District (1/2 acre) 8,990 sq. ft. (.206 acres) The applicants recently purchased the subject property and want to remove the existing carport and construct a 20* x 20* detached garage. Variances are required for side yard setback to allow the garage to encroach into the 10* required side yard. The proposed garage also requires a variance for hardcover in the 250* to 500* setback. Pertinent Ordinances: Section 10.25, Subd. 6, (A) and (B) Section 10.22, Subd. 1 and 2 Section 10.03, Subd. 14 (C) Section 10.56, Subd. 16, (C) 1 and 2 Section 10.03, Subd. 6, (A) 1 "...However, the lot record shall not be more intensely developed unless combined with one ore more abutting lots or portions thereof so as to create a lot meeting the requirements of this Zoning Chapter". #2393 Richard and Carol Kail 291 7 Casco Point Road July 20. 1993 page-1 s'. ANALYSIS l.ot Area and Yards LR-IC District Standards Lot Area Lot Width Front Yard Side Yard Rear Yard 1/2 acre 100'30'10'30' for principal structure, 10' for accessory Subject Property Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Rear Yard 8,990 sq. ft. (.206 acres) 59.9'60'8.5' on E side of house, 5' for new garage 10' proposed for new garage The subject property does not meet the minimum lot width or lot area requirements. The existing house does not meet the minimum side yard requirements along the east property line. The new garage requires a side yard variance to encroach into the required 10' side yard along the east property line. The driveway must be at least 5' from the west property line, the driveway turnout from a side loading garage should be at least 30' and the garage depth is proposed at 20'. These dimensions use 55' of the lot width which leaves only 5' for a setback on the east side. Structural Coverage Total Lot Size Total Structural Coverage Allowed Percentage Proposed 8,990 sq. ft. (.206 acres) 1,348.5 sq. ft. (15%) or 1,500 sq. ft., whichever is greater House=1,036 sq.ft. Garage=400 sq. ft. Total= 1,436 sq. ft. (15.9%) The subject lot is approximately 1/5 of an acre in a zoning district that requires 1/2 acre minimum lot size. The Zoning Code provides lots less than 2 acres in size to have a minimum of 15% lot coverage or a 1,500 sq. ft. footprint for the principal structure and accessory structures combined. This proposal is for 1,436 sq. ft. or 15.9% structural lot coverage which does not exceed the 1,500 sq. ft. allowance. The 15% limit does not apply to this application. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 250'-500'8,990 sq. ft.3,522 sq. ft. (39.4%) 2,697 sq. ft. (30%) 3,638 sq. ft. (40.4%) 941 sq. ft. (10.46%) The subject property currently exceeds the hardcover limit for the 250' to 500' setback area. Part of the problem is that this lot provides access for the residence to the south which is also owned by the applicants. Staff provided an alternate plan that eliminates more driveway, provides a minimum driveway pad of 20' and a drive aisle of 10' for a total of 30'. The staff alternative requires a 5' side yard variance and also tries to protect the maple tree with a 10' rear yard setback. The amount of hardcover in the staff alternative is 3,606 sq. ft. or 40.11% instead of 40.4%. It would provide more green space between the house and the new garage. STATEMENT OF HARDSHIP The applicants have stated that not having a garage for this property is a hardship. Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The residence can continue to be used as a dwelling unit w ithout a garage, however, the applicants have stated that they want to have a garage for this property. It is currently served by a carport. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. This is a very small lot, less than 1/5 acre where a minimum of 1/2 acre is required. The applicants own the adjacent lakeshore parcel. The applicants purchased the property for use by their daughter. They want to provide a garage on the property. Siting a garage on the property is difficult because of the narrow width of the lot, the desire to preserve a maple tree and open space, and provide an adequate driveway/backout space for a sideloading garage. The variance, if granted, will not alter the essential character of the locality.The variance will add another building to a substandard lot. The adjacent lots are connected as one tax parcel. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. This is a substandard lot in a neighborhood of deep, narrow lots. Ideally, this lot should be combined with the applicant's property. Historically, however, it has functioned as a separate lot with a dwelling unit. The conditions do not apply generally to other land or structures in the district in which said land is located. All lots in this zoning district must comply with the standards. This lot is narrow and and substandard which impacts the ability to locate a garage on the property that complies with yard setbacks and hardcover. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants shall provide testimony regarding their interest in providing a garage for this residence. 7.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. The variances will provide a small 20'x 20'garage for this property. It is not possible to locate a garage on this property without needing a hardcover variance. Issues 1. 2. 3. This lot does not meet the lot area or lot width standards. The existing house does not meet the side yard setbacks from the east property line. A minimum of 55' width is required to provide a 5' setback for driveway, 10' for drive aisle, 20' for driveway pad, 20' for garage depth. A 1 O' side yard requirement caimot be met unless the driveway is placed on the property line or the driveway pad is reduced. This lot is penalized by hardcover that provides driveway access for the adjacent lakeshore residence which is also owned by the applicants. The Planning Commission should consider that this driveway serves two residences when reviewing the amount of hardcover on the lot. The applicants own the adjacent lot which also does not meet the minimum lot size requirements.Allowing another structure on a substandard lot theoretically extends the future life of this lot. Financially, it makes it more difficult for this lot to be combined with the applicant's lot at a future point in time. Combining the lots would allow for one lot that more closely conforms to the minimum lot area requirements. The Zoning Code does not allow two principal structures on one zoning lot so the lots cannot be combined unless a dwelling unit is removed. The Zoning Code indicates that lots of records that are deficient in lot width and lot area shall not be more intensely developed. The issue is whether a garage is considered more intense development. Generally, properties without garages are reviewed favorably when variances are needed. STAFF RECOMMENDATION To review the plan as submitted and as revised by staff and discuss the unique issues with this lot given that it does not meet lot area requirements and the applicant's own the adjacent lot. One possible solution is to ask the applicants to consider adding a stall to their existing garage on their property to be used by their daughter. This would provide enclosed parking for her vehicle and provide one larger garage servicing both properties rather than adding more structure and hardcover to a substandard lot that should eventually be combined with the applicant's lot. Attachments A B C D E F G H I J K L Application Plat Map Existing Survey Hardcover as submitted Staff Revised Survey Staff Hardcover Garage sketch Applicant's adjacent property Permit Record Picture of property Aerial photo Sketch of adjacent properties based on aerial photos (1994) 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 SiteAddress___H 0 Application # 33^-^ Date Received Jo ■2'^' Amount Paid Identification Number (P.I.D.) AO -1 n- :i ^ i-----—------------------------ '0 nPEjifetionltnot included on required su^ey-------------------D§tgProperty Acquiredi»urvey. (Hd^do not) also ot^the iija^ parcels of land-----------------------------^(month/year) SoTsUti^Tg^ ,^-iden.ial _otiier (specify). applicant ^ . Name^-cx^tf/i/f dP. y Phone (home).V:?/-;74/^r- OWNER (if different than applicant) Name _ Address: Phone (home) Phone (work)_ _ Zip:.D' ^ Estimated Construction Cost $ //> cu j?o VARIANCES REQUIRED -----Lot Area ___Lot Width (attach additional sheets if necessary) K Hardcover Setback:Front .Lot Coverage Rear Other (specify) Average Lakeshore property conditions (attach Additional sheets if necessity) ^ REQUIRED SUBMITTALS AJi.pf thv fQllQwing information must he submitted by the aPDlication deadlinp riatP order for vour application to be con<idgr<>d complete; j^:^''^^mpleted Application Form Certified Prope^ Owners List of owners within 150', labels and plat map (you must obtain this list, labels and map from Hennepin County Department of JFinance, A-603, Govt Center, 348-3271). Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy SVi' x 11" for reproduction. Topographic survey (existing and proposed elevations) if any changes in existing ^rade are proposed. In addition, provide one (1) copy S'/i" x 11" for reproduction. Sketches or plans of fioor & elevation views (provide one (1) copy SYi' x 11").—^ r wAWTavAWii YiWWd VJ^IUVIUC UllC 0/2 Ally. — 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). — As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. _ Additional items as may be requested by City staff The Applicant and Properly Owner must sign this application. Please remember that vour 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 tru^and correct to the best of his/her knowledge. Applicant's Signatur A OWNER'S SIGNATURE The owner hereby acknowledges and agrees to this application and furtlier authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes^^ investigation verification of this request. DateOwner’s Signature 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. 8 ? f _ / •/ L. - ---------T?rr^-----------*A ■ ; ^ / /■r %.' '13/ '' ^ B •t Y'j Cp •^* •\^ A 9/ ' 6)// 7> 7 ^ “ V" ''-^7 4 )'^ ,,7* '<■> /VC'feV?’ f (^a^Jr \^- ^27)7 —i iM L •,7' \A.C& ->4 /<^ u'jvy/ (42) UliTji356.3 <€ST U U J 9o 187.42 K .a / “7 * 'l C?w • J \cv ../> . Sfc / '•'V '• ''••^o / t-X / -/ -II! ^ E'~ -"1 ^k (26)R-3i0>. c>/^xyp / X '7^ 7 „ 101 V>.' / . V / r-. 53.. 02 •V/^ 110 7 ^ \.x. ^ >1 I ^ 4:; (32) y '-'^ / ,/7 *>4L 7%^/ ,," '^V7A^,p3) S>X- ■-■-* /v^/ / / \ ./' (51) < \ /' \/ V ' X OWNCJ9 \ “bi wucfti»r \ Lo "X49) Cky»JLS>\ '7: . X.32X./V'- A\ •03l\ ?*' / \* >^TL> ^iS'K-'74, • \ \ 2 ,5'\ / (38)';^ 5- - fl... /X - -‘PT- 7 ' . XC/---------^ ' ■ V'-' -v-N.^Xy V^"'- \\\, \ 5'Zv^ . ^ ^kJ . _ ( 1 ^ I t-". 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SPRING PARK AND ADJOINING LAND HENNEPIN COUNTY, MINNESOTA C-7 / \ / \ \. *•/ (f*teri“ i4 4< AKS .*/£rCAfXA 4» • \ \ \ • _ . m N..\ - C; \ \ \ I hereby certify that this is a true and correct representation of a survey of the following described operty: L^t 97# Spring Park, Thgt part of vacated Lake Shore Avenue and that part of the tract of land lyin,- between said Avenue and the shpre of Lake Minnetonka, all lying between the Southwesterly extensions of the North­ westerly and Southeasterly lines of Lot 97» Spring Park, according to the rec­ orded plat thereof, and the location of all existing buildings thereon. It does not purport to show other inprovesients or encroach­ments . INC. Date; July 26, 198U Scale: 1 inch : 30 feet o : Iron marker GORDON R. COFFIN CO.. 'Gordon R. Coffin"Reg6C0. Mark S. Gronberg Reg.#1275; Engineers & Land Surveyors Long Lake, Minnesota a * ^05<- locoXjJoy^ -w SiAs ’-^fc: ^*^f *‘-^'’ ‘^’ '• *..^1 sfl •r. n '. .’ - Jr-. ' '■-=§ -'» ■v^^ •. '’^•- -ti' * ■ w^aS <5^4 ■>/. u • > '. V -•* # - ^i» _■ ■ - -^ % .H • - ' mi p ■ II iiM w~m 1 1 .3v :>. . '/■. “-t v-^i?-' ■-; • -r^ Date of / pplication: 6/24/98 Date Complete: 6/24/98 60 day limit: 8/23/98 ciTt' cr- REQUEST FOR COUNCIL ACTION DATE: August 4, 1998 ITEM NO.: h Department Approval: Name Liz Van Zomeren Title City Planner Administrator Reviewed:Agenda Section: Zoning Item Description: #2394 C. Peter Pearson Co., having an interest in 2697 Kelly Avenue Variances-Denial Zoning District: LR-IB Lot Area: One Family Lakeshore Residential District (1 acre) 22,549 sq. ft. (non-continguous) .51 acres 16,749 sq. ft./contiguous) .38 acres Application:The applicant has a purchase agreement to buy the lot and construct a new residence. The City Council granted a lot area variance to this lot in November 1997. One of the conclusions in the resolution was that no further variances would be granted for this lot or the adjacent lot (2695 Kelly Avenue). The applicant is requesting a hardcover variance in the 75'-250' setback to allow 2,350 sq. ft. of hardcover which represents 29.2% where 2,008 sq. ft. or 25% is allowed. The applicant is also requesting fo have access from Lydiard Avenue instead of Kelly Avenue and a reduced side yard adjacent to street setback from 35 ft. to 17 ft. PLANNING COMMISSION RECOMMENDATION: The Planning Commission on a 6-0 vote recommended denial of the application based on the City Council's previous resolution that no further variances would be granted. COUNCIL ACTION REQUESTED: To direct staff to prepare a denial resolution. Attachments CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: C. Peter Pearson Co. 5360 Candy Cove Trail Prior Lake, MN 55372 ZONING FILE #2394NOTICE OF PLANNING COMMISSION ACTION DATE OF NOTICE: 7/21/98 TYPE OF APPLICATION: DATE OF MEETING: 7/20/98 COPIES TO:Gary Bimbaum 2695 Kelly Ave. Excelsior, MN 55331 Vaiiance/Access from Lydiard Avenue VOTE:6 FOR 0 AGAINST Planning Commission recommends the following: Denial. NOTES AND SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as: City Council Monday, August 10,1998, meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. X:\APPS\WPWIN60\WPDOCS\CAROLE\PCACnON\2394 Fortis Page 1/’ j? 05/98 11:17 To;Ns. Li: Van Zomcren From:Fort IS Page Z/Z August 5. 1998 FROM: c o Ms. Liz \ an Zoincivn F.AX: 473-0510 James C. Berg 471-7462 SL^BJECT: Agenda Item for .August 10; Request «2394 (C. I’eter Pearson Cuinpany li:ivin<» an interest in, 2695 Ivell> .\>einie. The prr>ncrty i.s located at the intersection ofKellv .A\enue and Lsdiard .Avenue Navane) It i.s my understanding that the abo\ e applicants are asking tor botli a hard cover variance and a second variance to gain access to their propertv from the tire lane, which is g:»ted and closed every winter. We have lived in the neighborhood for 18-12 years and have seen considerable change. 1 he status of this propeilv has also changed. It lias evolved from a non-buildable lot because pan ot the propeily has been non-c>>ntiguous (and t«.>da\' it is .still n»>n-contiguous because \ou cannot walk tiom the main propertv to the point with».'ut getting wet)... t«.' a buildable lot bec:uise sewer charges have been a.ssessed in pa.st vears... to a request to build a luxurv' home on a small lot (or as 1 de.scribe. they want to build a luxury home on a postage stamp lot). We are asking that vou support the decisi».>n ot the Plaiviing Council and sav “no to tiu* any variances on tliis property. The research and reasoning b\' the Planning Commission is ’•ound. prudent, and should be endorsed bv the City Council. 1 hanks. TO: FROM; DATE: Chair Smith and Orono Planning Commission Members Ron Moorse, City Administrator Liz Van Zomeren, City Planner/Zoning Administrator July 14, 1998 SUBJECT: #2394 C. Peter Pearson Company, on behalf of Gary & Bonnie Bimbaum 2697 Kelly Avenue Variances-Public Hearing Lot Area: Application: Zoning District: LR-1B, One Family Lakeshore Residential (1 acre) 22,549 sq. ft. (non-contiguous) (51 acres) 16,749 sq. ft. (contiguous) (.38 acres) Ti:i ? abject property was granted a lot area variance on November 10 1997 according to Resolution #3997. One of the conditions of the resolution ’ was that no further variances would be granted for Lot 1 or Lot 2. The applicant is requesting a hardcover variance and side yard adjacent to street variance. The applicant is also asking to use Lydiard Avenue for access to reduce the amount of hardcover for the driveway. Pertinent Ordinances: • Section 10.24, Subd. 5 (B) • Section 10.7':, Subd. 1 and 2 • Section 10.56, Subd. 16 (L), 1 and 2 paff —/ ANALYSIS Lot Area and Yards LR'IB District Standards Lot Area Lot Width Street Yard Side Yard Lakeside Yard Side Yard Adjacent to Street 1 acre 140'30’10'75' and ALS 35' Subject Prop>erty Lot Area and Yards Lot Area Lot Width Street Yard Side Yard Lakeside Yard Side Yard Adjacent to Street 22,549 sq. ft. non­ contiguous (.51 acres) 16,749 sq. ft. contiguous (.38 acres) 98' at 75' setback, 111'at OHWL 30’10'IS'17' The subject property was granted variances for lot area and lot width in November 1997. The applicant is asking for a side yard adjacent to street variance to reduce the required setback from Lydiard Avenue from 35' to 1T to reduce the amount of hardcover on the site and provide for a bigger footprint. The City Council's resolution indicated that no future variances would be allowed. page—2 h' Structural Coverage Total Lot Size Total Structural Coverage Allowed Percentage Proposed 16,749 sq. ft. (.38 acres) 2,512 sq. ft. (15%) House=1,222 sq. ft. Garage=440 sq. ft. Total=1,662 sq. ft._________ The structural coverage calculation was based on the contiguous amount of land. The total amount of lot coverage does not exceed the 15% requirement. Hardcover Distance from Shoreline Total Area in Setback Existing Hardcover Allowed Hardcover Proposed Hardcover Variance Requested 0 ’-75'8,714 sq. ft. (contiguous) None None None None 75’-250 ’8,035 sq.ft.6 sq. ft.2,008 sq. ft. (25%) 2,350 sq. ft. (29.2%) 341.25 sq. ft. (4.2%) The nronosed residence driveway and sidewalk exceed the 25% limit for hardcover in the 75' -250 ’ ShL.^ The resolution that the City Council approved indicated that no future variances woul granted. page—3 STATEMENT OF HARDSHIP Criteria for Determining Undue Hardship 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. The property in question has been granted lot area and lot width variances that expire on November 10, 1998. The property is vacant. A small house that does not require any variances could be built on the lot. 2. The plight of the lando’Aner is due to circumstances unique to his property not created by the landowner. The situation is caused by the design of the proposed residence and the location of the lot next Lydiard Avenue which requires a greater setback of 35' instead of I O'. 3. The variance, if granted, will not alter the essential character of the locality. The variances will change the character of the area by allowing a house that exceeds the hardcover limits to be built within 1 1' of Lydiard Avenue. The access to Lydiard Beach would also be changed because it does not currently provide access to other residences. 4. 5. 6. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this chapter. The applicant has a purchase agreement to buy the property contingent on receiving the requested variances. The lot was granted lot area and lot width variances, however, a condition was placed on the lot to limit future variances. The current price of lake shore lots is driving the number of variances to maximize the size of the proposed residence. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. This lot is subject to the conditions under which the lot area and lot width variances were granted. Other lots, however, are also subject to the hardcover and setback limits. The conditions do not apply generally to other land or sUiictures in the district in which said land is located. 7. 9. This lot does not meet the requirements of the zoning district for lot area or lot width. The lot area is also not contiguous. The lot is further restrictedfor residential development by the greater setback requirement from Lydiard Avenue. If access were providedfrom Kelly Avenue, the minimum amount of hardcover for a 35'x 20' driveway is 700 sq. ft. This leaves approximately 1,300 sq. ft. for a building footprint. Because of the proximity to the lake, it may not be possible to construct a basement. Therefore, the maximum amount of total floor area may be less than 1,600 sq. ft. if it were 2 stories in height. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has a purchase agreement for the property. As he is not the owner, he does not have a substantial property right in the subject property. The property owners are aware that the Council indicated that future variances would not be granted. The granting of .such variance will not merely serv'e as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. As this is a vacant iot, there is not hardship to grant variances for setback and hardcover. Issues 1. The lot was granted lot area and lot width variances in November 1997. 2. The property owners were informed that future variances would not be granted. 3. The Park Commission reviewed the proposed access from Lydiard Avenue at their July 6,1998 meeting and recommended that the City not allow a curb cut from the beach access. 4. The side yard adjacent to street setback for Lydiard Avenue is the same 35 ’ setback as for Kelly Avenue. 5. Because of the 35' setback requirement for this property 700 sq. ft. of the allowed 2,008 sq. ft, of hardcover would be used by driveway. This represents 35% of the allowed hardcover being consumed by the driveway which reduces the size of the structure. 6. The Zoning Code provides that a lot may have a 1,500 sq. ft. footprint. The proposed plan is '^lightly larger at 1,222 sq. ft. for the house and 440 sq. ft. for the garage. STAFF RECOMMENDATION To direct the applicant to redesign the house so that access is from Kelly Avenue and that the footprint of the house not exceed 1,500 sq. ft. and the amount of proposed hardcover not exceed 2,008 sq. ft. Attachments Application Applicant's letter Plat Map Hardcover & Calculations Survey Elevation A B C D E F G&H Floor Plan I J Resolution # 3997 Minutes: September 15,1997 October 20,1997 November 10,1997 Pictures i ■0 Application it Ar Date Received Amount Paid ______ 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) AME-NUfe 1________ Property Identification Number (P.I.P.T •« ••• !• A*_______ rroperiy lucniiiiLduuii iNumuci t —l«j—-----:------ Attach legal description to application if not included on required survey. n________ A____:_~j / Til iy>l/\/irMDate Propert3(AcQuired IJ^pAPj^ pii/irJ^^ I (do) (do n^ also own the adjacent parcels of lanu. > Present use of properly: X residential ___pother (specify)__»_ Zoning District:_______ A ~~ IH (month/year Address: C,^7P!>./ -"CityT -----------Zip: L ^ / * £* J * f * f-\ Ui ^ rtc C iiiviviii witus Phone (home') V7/ •arvi f ^n.c _____Phone (work) -----, . City: Zip: OWNER (if ^fferent than applicant) Name f Gov^Aie R Address: ^ Akji> • DESCRIPTION OF REQUEST Estimated Construction Cost $.^r^^l •/ 4;^ ft . --ift . ' t \ » _/v (attach additional sheets if necessary) _____-<A\&rd 4*< • VARIANCES REQUIRED Lot Area Lot Width K Hardcover Lot Coverage Setback:Front X Side Rear Average Lakeshore Other (specify) *5lDfL YA^ HARDSHIP/DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS « •Describe undue hardship or practical difilcultv or unusual property conditions pre\ enting compliance with Zoning Code requirements: L\rv.^>.SUnV —Cfl■^zi i-------- iiiV .ik-. ,scV.,A.^VVs.C,\lV\Ar . tcV ot \V\<S»A^vs C'ACy^cVt/\X Nr^Ci^X A£. O \c ( (attach additional sheets if necessary) ^ ’ r REQUIRED SUBMITTALS All of the following information must be submitted bv the application deadline date in order for vour application to be considered complete; 1. J Completed Application Form 2. J 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, Govt Center, 348-3271). 3. Certificate of Survey (signed by a licensed surveyor) and include hardcover calculations as required. In addition, provide one (1) copy S'A" x 11" for reproduction. Topographic surv’ey (e.xisting and proposed elevations) if any changes in existing grade are proposed. In addition, provide one (1) copy S'/z" x 11" for reproduction. Sketches or plans ^'^or & elevation views (provide one (1) copy S'/z" x 11"). 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). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. __ Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that ysmi variance application is not complete if the above information has not bttP IwylMdtdi 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 pa3mient) and/or consultant expenses incurred inj^iew of this application, and certifies that the information supplied is true apd-^irge^P^e best^pf^s/her knowledge. 4. 5. 6. 7. 8. Applicant's Signature Date 0\VNER ’S SIGNATURE The o\NTier hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council ;esti^tipn--ap3^ Owner’s Signature rr. Applicant mffit h'a^e'’all submittals into the Uitv' ottices Z3 oays oeiorc me Planning Commission l^ieeting. 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. 8 PROPERTY SURVEYS SUBOMSION DESIGN TOPOGRAPHIC MAPS C.R. WINDEN fi ASSOCIATES, INC. LAND SURVEYORS SUITE 110 • 7650 CURRELL BLVD. • WOODBURY, MINNESOTA 55125 PHONE: 612-731-7702 FAX: 612-731-7872 •>r . - June 23,1998 C. Peter Pearson Co. 5360 Candy Cove Trail Prior Lake, MN 55372 Dear Mr. Pearson: According to our survey of Lot 1, Block 1, Carman Cove, Hennepin County, Minnesota the land and hardcover are as follows. Lakeshore Setback Zone Loti, Block 1 Lot Area Jn Zone Existing Hardcover In Zone 0-75 foot 8,714 sq.ft. 0-75 feet (non contiguous) 5,800 sq. ft. 75 - 250 feet 0,035 sq. ft. 0 sq. ft. 6sq.ft (0.1%) Total 22,549 sq. ft. The above areas are based on the enclosed survey and were measured from the lot boundaries and the 929.4 contour line. The worksheet for the proposed hard cover areas is attached. Thank you. Sincerely, Charles R. Winden SETBACK ZONE: (CIRCLE ONE) 0-T5’ gVTSTlNT. HARDCOVER IN ZONE A. House _____________ ^ Length Lori, D'.oc:-^i, C arman C cvEHARDCOVER CALCULATION WORKSHEET (75^2^;f0-500* Width B. Garage C. Driveway D. Sidewalk E. Patio/Dedc F. Landscape Underlain By Plastic G. Other X OitTUMl K10U<^X TOTAL HARDCOVER IN ZONE TOTAL PROPER IT AREA IN ZONE S - B ft03g PROPOSED HARDCOVER IN ZONE A. House lRgg(^U<.Ae Length Width 3. Garage C. Driveway T'l X TO \ & D. Sidewalk I i ftRE&ULAR E. Patio/Deck F. Landscape Underlain By Plastic WALL G. Other RooP TOTAL HARDCOVER IN ZONE TOTAL PROPERTY AREA IN ZONE TTEO -i- B AQ35 X 100 X ICO 500-1000’ Q035 9 1 Sq Q> S.F. 6.1 % m'2 S.F. S.F. S.F. S.F. M-LfO S.F. 30L S.F. S.F. -?L S.F. 1 'll S.F. ITS S.F. S.F. S.F. S.F. S.F. •IM- S.F. ^TS0 S.F. A 0 35 S.F. .T % 13 i 1 1^. 4^77* fy i"' o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 9 7 A A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDIVISION 5, FILE NO. 2283 WHEREAS, Gaiy and Bonnie Bimbaum (hereinafter "the applicant") owners of the property located at 2695 Kelly Avenue within the City of Orono ‘(hereinafter "the City") and legally described as follows: Lots 1 and 2, Block 1, Carman Cove (hereinafter "the property"); and WHEREAS, the applicants haVe applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 to allow the lot area to remain at .52 acre (.38 acre contiguous) for Lot 1 and .62 acre for Lot 2 where 1 acre is required and lot width variances of 42' for Lot 1 to allow the lot widths of 98' at the 75’ lakeshore setback and 111' at the 929.4' ordinary high water mark are required. A lot width variance of 75' for Lot 2 to allow lot widths of 106' at the 75' lakeshore setback and 65' at the 929.4 ordinary high water mark where 140' is required. A hardcover variance of 3.6% to allow the existing 28.6% hardcover to remain where 25% is allowed to allow Lot 1 to be considered a buildable lot is also required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS ' 1. This application was reviewed as Zoning File #2283. 2.The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring one acre in zirea. Lots 1 and 2 together consist of 49,504 s.f. or 1.14 acre (43,704 s.f. or 1 acre contiguous). Lot 1 is .52 acre (.38 acre contiguous) and Lot 2 is .62 acre. 3. The Orono Planning Commission reviewed this application on October 20, 1997 Page 1 of 5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 9 7 A and recommended approval of the proposed variance^ based upon the following findings: 1. 2. 3. 4. The lots of record were platted prior to current zoning district requirements. The lots are separate tax parcels. Both lots have been assessed separately for sewer and water. Variances for lot area for Lots 1 and 2 and a hardcover variance for Lot 2 was granted in 1987 to allow Lot 1 to be considered buildable. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code £ind Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health,’ safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 to permit Lot 1 to be considered a buildable lot as shown on Exhibit A. Approval was subject to the following conditions: 1. No further variances shall be granted to either Lot 1 or Lot 2. 2. Authorities granted by this variance run with the property not with the Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 9 7 A 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 cn that date (November 10, 1998). 3.Violation of or non-compliance with any of the terms and conditions of this vari^ce shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and ^igns, hereby agree to the recording of this resolution in the Chain of Title of the property. u Council of the City of Orono, Minnesota at a regular meetmg held on the 10th day of November, 1997. ATTEST: STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ) ss. XT u foregoing instrument was acknowledged before me on this 10th day of November, 1997 by Gabnel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City ot Grono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ^ V ^ // nfrfTv- Notary Public --------------------------- CAROLE A. HASEMAN NOTARY PueUC-MiNNESOTA\ _______ S -- - COUNTYMyCcffimisslon ^ires Jan. 31, ?noo Page 3 of 5 CITYof ORONO RESOLUTION OF THE CITY COUNCIL MO R Q Q 7 /\ _ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ‘•’I*'? said county, persoi^y &rforegVmg instiument,ani known to me to be the person(s) ^ j. fjee act and deed.Smowledged that he (they) executed the same as his (their) tree CAROLE A. HAStMAN ••• NOTARY WBUWflNNBOIA ‘ HWNtPW COUNTY My Commission Expires Jan. 31.2«00 notary public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of __________ 199_ before me a Notary Public within and for raId~county7 personally appeared executed the toregomg instrument.a^ known to me to be the person(s) (their) free act and deed,acknowledged that he (they) executed the same as his (th ) notary public Page 4 of 5 GITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 8 9 9 7 r resolution #8997 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) CITY OF ORONO I, Dorothy M. City ^ ^opy Minnesota, do hereby certify the Minutes of theCouncU of the City of Orono wth the ori^ rccor^^^^^ proceedings of said City Council at a^m^ tLt the same is a true and correct duly ado-i^^d^W-^ouncil at said meeting, day of In Wimess Whereof, I have hereunto set my hand and seal this----Lith November_________________’ ^^-22—* orothy M . H^ySi, aCity Clerk (SEAL) ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 15,1997 (#4 - #2298 Conley Brooks, Jr., and John Brooks - Continued) Smith voiced concern with this land acquisition making Brooks' property more buildable. Hawn noted the peninsula was located in the 0-75' setback. Gafifron said it could be a concern in a different arrangement but not in this case due to the setback and lakeshore. Schroeder asked if the motion should include a scenic easement which will benefit the property owner of 980 West Femdale and Robert Floyd. Floyd noted that the covenants do not address the maple trees located on the tip of the point. Brooks said he does have the scenic easement already and is willing to move the maple trees. Schroeder noted that no easement would be required if he owns the property. The special lot arrangement was explained. Vote: Ayes 4, Nays 3, Lindquist, Smith, and Berg. Berg said she is concerned with setting a precedent. Lindquist said the proposal is inconsistent with the Comprehensive Plan and the property is not contiguous. ACTION ITEMS !6) GARY AND BONNIE BIRNBAUM, 2695 KELLY AVENUE - VARIANCES - PUBLIC HEARING 10:21-10:31 P.M. The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. Van Zomeren reported that the application is a request to tenew a variance which has elapsed. Lot width and lot area variances are required to allow the lot to be considered buildable. The 1.14 acre property is located in the LR-IB, one acre. Zoning District. Van Zomeren reported the applicant had indicated via a phone conversation earlier in the day that the survey that was submitted showed inaccurate hardcover calculations as the concrete patio and other hardcover has been removed. Van Zomeren said Staff recommends re-enactment of the previous variances subject to conditions noted on page 5 of the memo. ORONO PLANNING COMMISSION MEETING MINUTES FOR SEPTEMBER 15,1997 (#6 - 2283 Gary and Bonnie Bimbaum - Continued) Mr. Bimbaum asked for consideration regarding the stipulation of removing the fence. It is located on the edge of the property at the edge of the access road for the public beach. The area is uneven and receives heavy traffic. The fence would provide for safety as there is no shoulder on the road. There is also alot of snowmobile traffic during the winter months. Without the fence, the snowmobilers would travel across the property onto Kelly Avenue instead of using the access road. There were no public comments. Smith asked the applicant if he has reviewed the Staff recommendations. Bimbaum said he supports the recommendation with the exception for hardcover being reduced on Lot 2 and request the fence remain. Lindquist asked whether there was .my reason why the fence cannot be moved onto Bimbaum's property. Bimbaum said there was not much land left as the land has eroded. Berg noted that a person can no longer walk out to the point. McMillan said it appears that what land is there is different from that shown on the survey. Stoddard inquired how old die survey was. Van Zomeren said the survey was inaccurate regarding hardcover and total acreage based on the applicant's phone call. Lindquist suggested approval be subject to an updated survey. Schroeder moved to approve Application #2283 subject to Staff recommendations with the exception that the fence be allowed to remain on City property and an updated survey be provided prior to application review by Council. Stoddard responded that he felt the updated survey would show circumstances different than that shown on the submitted survey. Bimbaum acknowledged that erosion has occurred. Stoddard indicated that the water is hitting the fence area. Schroeder received confirmation that the application is to enable the property to be one buildable lot. Stoddard noted that the property is in the one acre zoning district and consists of .52 acre and .6 acres with the additional strip of land. This falls short of the requirement. Stoddard said he would like to see what land exists. ORONO PLANNING COMMISSION MEETING minutes for SEPTEMBER 15,1997 (#6 - 2283 Gary and Bonnie Bimbaum - Continued) te fte ““ion occurring. McMillan indicated There was no second to the motion. Lindqmst moved Hawn seconded, to table Application #2283 subject to an updated survey. Vote: Ayes 6, Nays 1, Schroeder, who mdicated he felt the results would be the same. northern avenue - variances - public The Affidavit of Publication and Certificate of Mailing were noted. The Applicant was present. i’'*'’‘0*“P!'S of *e property. The 127,968.3 s.f. property, consisting of fs m “ *' Zoning District. The propLlIS to construct a 42 x96 storage structure, which is in excess of the maximum for an oversized “ P™PO“^ 0 >oo“ion 23' fiom the property line and 26.2’ torn the weUarid. The stracture is proposed at a height of 23’ with 16' side walls. The principal residence IS approximately 16'm height. With the size of the lot. the property is limited to Structure of 1,421.4 s.f.an accessory There were no public comments. •’y ^‘“'*'0 •*’0 ‘’“iWing would be used to store his 35' boat, requiringhe heij^ ht of the building, his vehicles and other equipment. .. ft MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10,1997 Goetten a^ked what the time lime is to accomplish solving this issue. Barrett said since the applicant's attorney suggested litigation, it can be discussed during the executive session following the public meeting. Jabbour moved, Goetten seconded, to continue the application to the Executive Session Vote: Ayes 5, Nays 0. Barrett asked that the record reflect that the applicant and attorney left the meeting before the Council was able to complete the discussion, and the discussion continued for several minutes after the applicant and attorney left the meeting. (#4) §2283 GARY AND BONNIE BIRNBAUM, 2695 KELLY AVENUE - RENEWAL VARIANCE - RESOLUTION NO. 39997-A The applicants were present. Van Zomeren reported that the application is a request for a renewal of a lapsed variance from 1987 regarding two lots. The applicants reside on Lot 2 and would like Lot 1 to be deemed buildable. Lot area and lot width variances are required for Lot 1. The approval would also include a hardcover variance of 3.6% to allow 28.6% hardcover to remain on Lot 2 where 25% is allowed. Van Zomeren displayed a topographical map and located the building pad for Lot 1. She reported that the issue at the Planmng Commission was the sewer assessment that had been paid by the applicant for Lot 1. Lot 1 is .52 areas with .38 contiguous; 5,800 s.f. is not contiguous. The Planning Commission with a 5:1 vote approved variances for lot area and width. Mr. Bimbaum had no additional comments to make at this time. Jabbour asked Barrett if the decision can be reversed when a lot is assessed a sewer unit denoting it a buildable lot. Barrett said, as a general rule, this allows a non-conforming lot to be buildable, but the underlying decision making sewer available tends to confirm a decision that the lot is buildable; though it might be found that the lot is unbuildable and to set the record straight, the fee could be returned. Barrett said this was not very practical, however. Moorse cited an example with ta.x forfeit parcels that are non-conforming. If these parcels are returned to the County, the City has informed the County that the lot must be combined with adjoining lot and assessment is waived. Moorse said he did not know if this relates to this particular application. 8 minutes of the regular ORONO city council MEETING HELD ON NOVEMBER 10,1997 (#4 - #2283 Gary and Bonnie Bimbaum - Continued) yTT~T •• m t _issue. Kelley, wWle not suggesting this occur in tWs :“::»drSbt Tii: a^Ta^assessment before any application comes forcvard on the p p rty. Kelley noted that the photograph of the property depicts a fence and questioned it. . __tVi?» variance 21! r^cucjr ---------- « - - Goetten said she tvas on the Co-cil in 19^7 stS\teteX“one lot. Goetten said any residence built on p„nerty but this property has indicated that the lots on record are Mt a'Jj®'" Goetten reported that she will stUl sewer to Lot 1 and makes the 1987. vote against the application at this time as she did so previo , . • Bimbaum said he would take excephon to lot substandard. Bimbaum said the plat occurred before «S“lations ‘^oT^ varifn:eor:irCui;;s:id7he “u^^^^^vanaiiVs.^ viii/• ---------- Flint said he would not support the application based on the logic shown by Goetten regardless of what took place in the past.regaraiesb ui r-— .h. ...■ lo. ■ >■—« of drain tiles. Mrs. Bimbaum ^ j^bbour confirmed that it would have fo be settled svith the City Engineer at another time.have to be seiuea >vuu mv ^ o Flint asked to be shotvn where homes are located along the lake that are less dian 1/2 acre. Staff pointed out a variety of lots on the plat map. Peterson said she supported the applicahon in 1987 because of the sewer assessment an will be consistent with that support at this time. MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING HELD ON NOVEMBER 10,1997 (#4 - #2283 Gary and Bonnie Bimbaum - Continued) Bimbaum reiterated that conditions have not changed since 1987 and findings are appropriate. Jabbour said he would support the application as the applicant had been informed the lot was buildable and sewer was assessed. He agreed that Ae property should have been viewed differently when sewer was installed. Jabbour moved, Kelley seconded, to approve Resolution No. 3997-A. Kelley asked for discussion regarding the fence. Jabbour asked the applicant if he would eliminate the fence. Bimbaum said the fence is on City property and was there when he purchased his property. He noted the fence runs along the access road to the beach and would be a safety concern with snowmobilers if the fence was eliminated. Jabbour said he would support the fence as it is located on City property. He informed Bimbaum that typically no fencing is allowed in the 0-75' lakeshore setback. Vote: Ayes 3, Nays 2, Goetten, Flint. (#5) #2310 DICK BURY, CLASSIC CAR SALES, 3850 SHORELINE DRIVE - REQUEST FOR CLARIFICATION/FINDINGS OF SUBSTANTIALLY SINHLAR USE The applicant was present. Kelley asked for definition of a classic car. Mr. Bury said the list is distinct and does not cheinge and includes cars built between 1925 and 1948. • • Van Zomeren distributed photographs. She reported that the applicant is requesting clarification of the intent and purpose of the B5 zoning district to find classic car sales as a substantially similar use to others in the zoning distiict, specificeilly, an antique store or a museum. The B-5 Zoning District is a limited neighborhood business district. Van Zomeren said in reviewing the list of permitted and conditional uses. Staff felt the use would be similar to that of an antique store. The Plaiming Commission, however, voted 6-0 in denial of the application as they did not find it consistent and were concerned with outside display and storage. Van Zomeren asked Council to direct Staff to draft a resolution to approve or deny the request. x(oQ'^ icax-v (oP^ ^ Px^fOtO 115' Ayg>jac2: b({2-N3Bf\OfM bjclisvci ^ Bew^ ^ ftncQ_ov^ c^kj t \U pU:. *■ .V. r j;,-- ■'I ■ - %w«r3V-;'' , f o/e^i > ,skS V'-t s.c -. I^^Si ^'l 4mm; rr :r. : lVy///y/.' ^xvx-v'. *•<. •. " ' * ' .’‘.i- ?;W V .'.^ .V .•'•'^T.‘ ••.•’•'. • 'V It #1-^ ■ • ®i''I tT^jKV^*! O'- . PiL^r.'i Pa S--W. . . i * * •*r **._.«f •11 ‘•i ■I |k SK kS • ■ *,'-. 'r • .v*:*^^;r.7- .- : •- '.vn-r • ' •*• •*. ^ fcT'N',. r \ ... wf (.'jcliftn/ Av/Cviv^t- Uell- /Ugjjue ZVi3 , vT»fv •• ' V •' --^f • 1 •Vi!- '• V ,-ei- ->:•*•• r.'- y r > ^ f '-i *• '.”5 *“ , • mmh ^c/g iB%-W >'^-C i Uii:(j2«ACL flUG-06-98 THU 10:36 AH FOX NO.P. 0 A A AUG 1 0 1098August 6,1998 City C; Mayor Jabbour and Member.^ of tlie City Council: I am writing about the proposal for 2695 Kelly Avenue that will be discussed at the Citv Counci 1 meeting on August 10. ^ My family i.s opposed and has a number of concerns: • There are safety issues with the proposed driveway using the gated gravel beach ^ ^ ^ *• all long. Neighborhood children and neighborhood residents regularly use it to get to the Lydiard^Bcach area. Cars entering and leaving the driveway and path as proposed will surely impact users. • I leel this j.yoposaJ will b^ically take away the beach from the neighborhood. The added tratllc and congestion will affect the appeal of this lovely area that families regularly use and greatly enjoy. It compromises tlic integrity of a public area. I have attended two previous meetings regarding this property. Each time a diagram of this site that was used in discussions with the Planning Commission and City Council did not look like the land as it has been for the Jlvc years we have resided in the neighborhood. Water levels have eroded the area of hard cover on an already small lot. I don’t know if this is relevant to hard cover calculations, but may need to be considered! Thank you. /6 OA.Li.KJ b C 6 6 f\ Oreno 777/U £'^33/ % i REQUEST FOR COUNCIL ACTION Administrator Reviewed: AUG 1 0 1998 tilV C:' C^C^:0 Department Approval: Name Michael P. Gaffron Title Senior Planning Coordinator Item Description: 1998 Marina Licenses: Windward Marina Genmar/Kings Cove Sailor's World North Shore Marina Lakeside Marina DATE: August?, 1998 ITEM NO.: ^ Agenda Section: Zoning List of Exhibits (For each Application) A - Application B - Site Plan Summary 1998 license applications have been received from all five Orono marinas. Staff h^ recently inspected each site and discussed ongoing concerns with each owner. A brief descnption of each marina's current operation is included for Council review. Conditions of License Approval Section 5.43, Subd. 5(C), requires that each business licensee shall adhere to the following minimum operation standards: 1 Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. The site shall be kept neat and orderly, and free of garbage. On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. 2. 3. 4. 5. I 1 1998 Marina Licenses August 7, 1998 Page 2 6.Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. 7. Lights shall be shielded from the road, the lake, and adjacent properties. A. Windward Marina Windward Marina has 40 rental slips on Tanager Lake and 78 on Browns Bay for a total of 118. The marina sells and services boats and equipment in the facility on the Tanager Lake side of Shoreline Drive. A gazebo/toilet building is provided on the Browns Bay side. The site includes 26 parking stalls on the Browns Bay side, and 47 stalls on the Tanager Lake side, a portion of which are located on the adjacent residential property in which Mr. and Mrs. Rivers reside. The attached site plan was approved by the City via Resolution #2674 on August 14, 1989. All aspects of the site plan as approved have been completed. The applicant has generally adhered to the seven minimum operation standards. Aspects of the operation which require ongoing attention in order to remain in compliance with the operation standards, include eliminating storage of marina equipment on the residential overflow parking area, maintaining parking spaces within the paved lot next to the building as opposed to filling it with boats for sale, and managing parking to minimize customer necessity of crossing County Road 15. The County has recently replaced the "pedestrian crossing" signs with larger, more visible signs. We have requested and the owner has agreed to replace the rock in the parking lot stormwater baffle systems to ensure their continued functioning to remove debris and sediment from the parking lot runoff before it reaches the lake. Staff recommends approval of 1998 license for Windward Marina. B. Genmar Industries/King's Cove - Orono Site Genmar/King's Cove provides 66 rental slips on Tanager Lake and 48 slips on Browns Bay of which 36 are rental and 12 are used for boats for sale. Facilities include 71 parking stalls on tlie Browns Bay side of County Road 15, up 3 from last year. This site underwent major renovation in 1997, including replacement of the old storage building with a smaller office and restroom facility, upgrade of landscaping, a slight increase in parking and a major expansion of the stormw ater pond. 1998 Marina Licenses August 7,1998 Page 3 No activities occurring at the site require a conditional use permit. Applicants are currently in compliance with the seven operational standards and the conditions of approval of the recent renovation approval resolution #3835. Staff has discussed with the site manager the issue of storage of miscellaneous dock parts next to the parking lot along Co. Rd. 15, and we have agreed he will enclose a relatively small area with a 3-1/2' fence to screen, define and enclose this necessary storage. We have also discussed the need to limit storage of boats for sale to the designated area next to the building rather than in the lakeshore yard along the length of the parking lot. Staff recommends approval of a 1998 marina license for Genmar/King ’s Cove. C. Sailor's World Sailor ’s World operates a ship's store, boat club (CUP issued 1995), and rents slips, with a current dock capacity of 79 boats. Temporary side setback variances granted by LMCD in 1987 for 10 of the 79 slips, were due to expire after the 1997 season, and these 10 slips in the 100-200' zone would have had to be removed per LMCD order. However, in April 1998 LMCD granted Sailor ’s World a new license with variances and allowed the 10 slips to remain. This marina was reconstructed in the early 1990's, and the only outstanding work remaining to be done is landscaping. The landscaping work has been delayed for the past 4 ye^ due to the potential need to excavate on the site for investigation of petroleum contamination from the former service station across County Road 15. It is staffs understanding that the contamination issue has been resolved, hence staff will be working with the owner to finalize the landscape work as soon as possible. Activities occurring on this site which require ongoing attention by the property owner in order to remain in compliance with the seven operation standards include; managing parking facilities, including the use of the Minnetonka Art Center for overflow parking to avoid parking and trafTic problems, keeping the storage of boats and other items out of the designated landscape areas, and keeping the site neat and orderly. It appears that a third access point maybe establishing itself alon the southerly side of the storage building, and this will need to be eliminated as part of the landscaping completion. Staff recommends approval of a 1998 marina license for Sailors World. 1998 Marina Licenses August 7,1998 Page 4 D. North Shore Marina The North Shore Marina operation includes 93 slips in the water (historically the City only allowed 86 slips, but LMCD allows 93) plus a dry stack storage unit with 72 slots (all of which LMCD licenses but only 20 of which Orono has historically allowed for lake use). The property also contains a service building, an office, a "club house" for slip users, and two dwellings, one of which is vacant and the other which is used as a caretaker unit. The caretaker building attached garage was removed within the last year since due to its hazardous condition. The site provides ample parking for customers in the summer and a large capacity for storage in the winter. An unusually large number of boats was stored on the site in the winter of 1997-98. The owner notes he intends to use white shrink wrap this winter, which should have a positive visual impact as compared to the blue wrap. Two activities on the site require a conditional use permit application. These include the caretaker dwelling unit and on-demand public boat launching (dry stack operation). Staff has met with Mr. Anderson a number of times regarding the required CUP application . Applicant has acknowledged that these two activities occurred during 1995-96-97 absent the required conditional use permit, and has indicated his attorney has advised him to not apply. Both activities requiring a CUP have been ongoing for many years prior to the CUP requirement. Staff is currently reviewing this issue wit!-; «i.e City Attorney. Activities occurring on the site which require the property owr ongoing attention in order to remain in compliance with the seven operation standards include limiting storage of boat trailers and other equipment to those areas noted on the approved site plan (specifically keeping the area between the road and the dry stack units free of storage). As part of the 1984 variance approval for the service building, the prior owner was required to establish certain landscaping items, which is also an ongoing concern of the City, especially in relation to screening along property boundaries. Applicant has been upgrading his landscaping over the last few years, especially along North Shore Drive. Screening vegetation is also making progress along the west side of the service building. Staff recommends approval of a 1998 license for North Shore Marina. 1998 Marina Licenses August?, 1998 Page 5 E. Lakeside Marina Lakeside Marina has 77 rental slips on Maxwell Bay. This is a full-service operation that includes a boat club, repair shop, ship's store, boat brokerage, charter boats berthed at *e site and sometimes using it as a port-of-call, and to a limited extent on-demand launching of customer boats stored on site, as well as transient launching when space is available. Lakeside's 1995, 1996,1997 and 1998 license applications each indicate that all of the five activities requiring a CUP under the 1995 B-2 Code revisions, are or will be occurring on fte site An incomplete CUP application with $300 fee was submitted by Mr. Dunn on May 31, 1996 Staff has had numerous contacts with Dunn since then detailing the necess^ submittals to make the application complete. He has indicated his attorney has advised tarn to not make the CUP application, and we have requested that the City Attorney discuss this matter with Dunn's attorney. Those items which require ongoing attention by the marina operator in order to remain in compliance include managing parking in order to avoid congestion on the site, management of boat storage to avoid causing view obstructions for traffic entering and leaving e si , and limiting storage to those locations shown on the site operation plan. The City received a written complaint against Lakeside Marina on July 28,1998 from the adjacent property owner, Robert Waade (copy attached). The specific problems noted relate to a lack of compliance with two of the seven operation standards, and include. Standard #1. Lakeside tenants/customers using the Waade property as if it is part of the marina, i.e. walking, playing, working on boats, walking dogs, temporary trailer and auto parking, wood and debris being left, etc. Standard #7. Site lighting that shines outside the marina properly boundaries. The neighboring property orvner has reques.ed that the City enforce its “'din^ces in regards to the above as well as to the requirements for appropriate speofi > provision of a fence along the property line. Code section Subd. 10, landscaping requirements for marinas, and Dunn has acknowledged that Lakeside has lo g been out of compliance with the standards as regards its east lot line but has J e.xpressed an intent to comply when the fate of the adjacent property is finally decided. Th day has now come, and Dunn has recently indicated to staff an intent to work happening Nvithin 30 days. 1 have asked for a plan of what he intends and he indicates he will comply with the plans established in the late 70's/early 80's (attached). 1998 Marina Licenses August 5, 1998 Page 6 That plan does not include a fence as requested by Waade. Such a fence can be required per Subd. 10 and under the current code standards could be up to 6' in height along the side property line, except no fence would be allowed within 75' of the shoreline and no higher than 3-1/2' in height within the defined 30' front yard, unless required by the Council. In discussions with Waade, he has indicated a 6' fence on a 3' berm centered on the property line would provide the screening and security he desires. However, he has been unable to reach an agreement with Dunn regarding such a berm. Therefore, we expect a berm with plantings on it will be constructed by Waade as part of the site improvements for his subdivision. Waade has also noted a concern regarding encroachment of extended lot lines (dock use area) by boats owned by or docked at the marina. Greg Nybeck of the LMCD has indicated they will be following up on this issue. It would appear that once a home is built on Waade's lakeshore lot, Waade could legally put in a dock that would significantly hinder use of Lakeside's docks, i.e. Lakeside's dock layout essentially forces the slip customers to drive across Waade's dock use area. Staff Recommendation 1 . Council should consider whether a fence should be required along Lakeside's east boundary, and if so, how high, what design (to merely prohibit trespass or to also provide screening) and to what extent within the 0-75' zone or within the 30' street yard. 2. If Council does not wish to require the construction of a fence. Council should condition the granting of a 1998 license on successful completion of a suitable landscapi ”® plan meeting the standards of Section 10.41 Subd. 10. A deadline for completion i be established (30-60 days?). 3. A condition of license approval should be that lighting be relocated, redirected or shielded so that the source of light is not visible from the adjacent property. Establish a deadline for this also. Staff recommends that Lakeside be issued a license for 1998 which incorporates conditions regarding fence, landscaping and lighting, and deadlines for completion. Stafl* Recommendation Staff recommends approval of 1998 commercial marina licenses for Windward Marina, Geumar/King's Cove, Sailor's World, North Shore Marina and a license with conditions for Lakeside Marina. 1998 Marina Licenses August?, 1998 Page 7 COUNCIL ACTION REQUESTED: Proposed Motion: Moved by 1997 commercial marina licenses to Windward Marina, Genmar/King's Cove, Sailor's World, North Shore Marina and Lakeside Marina (with conditions). Vote: _______ayes,_____nays. License Year 1998 DECEIVED rtd I 71998 CiVy CF 0F!C.\'0 CITY OF ORONO P.O. Box 66, Crystal Bay, Minnesota 55323 Phone 473-7357 Date application sent to Marina 1/12/98 Date application returned to City ANNUAL COMMERCIAL MARINA ITCFNSE APPLICATION - Pursuant to Orono Municipal Code Section 5.43, Subdivision 2 - Licensed Required. It is unlawful for any persons to engage or participate in business use 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 FEBRUARY 15 OF THE LICENSE YEAR. BUSINESS INFORMATION 1. BUSINESS OR TRADE NAME 3. Office Phone Street Address j i'4^ Mailing Address____________ Marina Phone OWNERSHIP/OPERATION Fee Owner (if different than above) Address Phone BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ____ partnership corporation List the pame of each partner or corporate officer and their title: Name of the marina manager responsible for daily operation: Qi>7t ________________________________________ List the minimum number of employees on duty when the marina is open to the public during the boating season: _J __ dock attendants ''L- repair or service personnel ^ others available for sales/public information, etc. Page 1 of 5 f ■» List every short or long term business occupant of the property other than the Business noted above: PRINCIPAL BUSINESS ACTIVITY (Check all services offered): Principal Uses in-water slip rental X sales of boats/motors/trailers/ marine accessories boat repair and servicing X on-land boat storage ^ winter __summer X marine fuel sales X sale of bait and fishing tackle Conditional Uses (Conditional Use Permit is Required^ boat club public boat launching, on-demand public boat launching, transient charter boat port-of-call caretaker dwelling unit Accessory Uses X head pumpout X fishing tournament site ____ sale of pre-packaged food ____ dive shop X' clubhouse (for slip or boat club customers) lessons/teaching boat rental sailboard sales/rental ____iceboat sales/rental ice fishing tackle sales cross-country ski sale/rental X 5.BUSINESS SCHEDULE (Check appropriate items): _^ open all year ____ open during boating season only List proposed hours of operation: dock access to ____ PM retail sales & service S> AM to §PM 6. MARINA SECURITY is provided by: J »^ ^ CARETAKER living on site? ______ SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. Company Rental Rental Slips/ Other Toul Owned Boats Spaces Boats 7. BOATS STORED IN THE WATER (for lake use) a. At dock slips ____ ____ ____ ] Total Boats in Water / (g Page 2 of 5 8. 9. 10. 11. BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings ____ b. Outside on Racks ____ c. Outside - other means ____ Total Boats Stored on Land for Lake Use ____ TOTAL BOATS FOR LAKE USE (Add 7 and 8) OTHER BOATS ON PREMISES (SUMMER) a. Transient boats (repair/service) b. New boats for sale (inventory) Used boats for sale (inventory) Inside Building Outside Building c. d.Other (list: Total ) C> 4^ OTHER BOATS ON PREMISES (WINTER) Transient boats (repair/service)a. b. Contract storage (customer's boats) c. Inventory (new & used boats) d. Other (list: _____________^_____) Total off-streft parking requirements Inside Building Total Outside Building 15 ^ in Total 12.SUMMER PARKING a. Retail sales/service customers 8 spaces minimum (+1 per each 800 s.f. over 1,000 s.f.) Boating customers 6 spaces per 10 boats for lake use [.6 x__(line 9)] = Launching ramp customers (day use) 10 spaces minimum per ramp = Charter boat port-of-call b. c. spaces spaces spaces d. e. 1 space per each 3 seats of gross charter boat capacity [gross charter capacity x 0.33] = Total spaces required (add a, b, c, & d) Total spaces available per attached parking plan 13. WINTER PARKING REQUIRED a. 0.20 X (line 12e) _ _ spaces _ _ spaces ^ Pi spaces 1 Q spaces Page 3 of 5 DOCK CONSTRUmON __ De-icing normally used Metal ____ Other___ Other___________ Barrels____Other 14. CHECK ALL THAT APPLY: X Permanent ____ Seasonal Pilings: ____ Wood ____ Concrete Decking: ____ Wood ____ Metal Flotation Method (if used): Foam ____ LICENSE STANDARDS ADVISnRV Businesses required to be licensed under Section 5.43 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards: Inavirangg Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. UggnsghQldgr. The primary business operator on the property shall be the licenseholder, and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. B. C.QpgratiQn Stffldard;>. Each business licensee shall adhere to the following minimum operation standards: 1) Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. 2) Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. 3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4) 5) The site shall be kept neat and orderly, and free of garbage. On land storage of beats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. '^) Lights shall be shielded from the road, the lake, and adjacent properties. Page 4 of 5 Business Use T.icenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except that when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. l icense Revocation. Failure to adhere to the above business use license standards shall be cause for license suspension or revocation per the provisions of this chapter. attachments The following must accompany this application; 1. CERTIFICATE OF SURVEY/SITE PLAN/PARKING PLAN indicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show- all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 2. CERTIFICATE OF LIABILITY INSURANCE COVERAGE for the duration of the license period. 3. Copy of your LMCD LICENSE APPLICATION. 4. COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 $________ Renewal Application @ $200.00 $ Late Fee (if not postmarked by February 15) $100.00 TOTAL DUE THIS APPLICATION $ 'V‘=>0> REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PUBLIC USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.43 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City’s designated employees or agents to enter upon the marina property at any reasonable time to perform safet^'^ia code compliance inspections. Authorized Signature ~ ---------------- Tide fr^___________I_____________________________ Relationship to Owner Page 5 of 5 J / • !p? IV'V'-''' ''^'';-V':’ . '■*.')/i-Vp’ H/'vO: ............. '' ! -.u’r^j* • . . '' '' ' I ’ 'I •i.'.'.'vni ’III 9B i %' I ^rT^' •. i - • . *' ■ ' 5lo». • •,I; • . • •. • ... '* • : . .V .^•f V . . r . . ^ fjr:. ■; *<.*.;• • ‘-I; <■<» '• I • •• •• ■ ■•:• I• • r ■* I ) . > 'l . ■ '"I.n • T'^- 'T *7>* *f ‘ ‘ ■ a •7^7 ^r 3 j «5 ••V • *.» .•:_^ i •„.^#07 ^V« 4. »2u,'rxxiijita tbSL i& culk ^ 7j^ |t£a*K 9Uf ‘^f‘^C- ^—KSeLX/iJi ^ .■—.w.4- •••'—’— ^_r_. -----------------‘ ‘ ttrf‘- O V ) . ;•• w. .. :-v . :r- .- r* I ■ — — ^ •• »' . -*^rri • »• ,1 i* •• w • * ■^ • 't- ■ —-—T-T- >_v —£_i,____■ ■'. . i^’ ; M . - : A, ^ *. ^ S * • lx **' * '• * ■ fjrfi__________ • .* ^7/ »* . •.* i-yiCrX •. ■ . '•■*•* J' ;•• y ‘‘ »• --• •• .•7‘.- “isc r:' 'e=fiig fi ' «Vk t • wv« >.w » »Af A.'. f v3^‘;? [ f'r m f » •litV E5 & License Year 1998 CITY OF ORONO P.O. Box 66, Crystal Bay, Minnesota 55323 Phone 473-7357 Date application sent to Marina 1/12/98 Date application returned to City •5 • •JANNUAL COMMERCIAL MARINA UCENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.43, Subdivision 2 - Licensed Required. It^s unlawful for any persons to engage or participate in business use without first having obtain*^ a license therefor firom the City. 3 PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY FEBRUARY 15 OF THE LICENSE YEAR. RUSTNFSS INFORMATION 1. BUSINESS OR TRADE NAME 2. 3. Genmar Industries. Inc. StreetAddress 100 South 5th St.. Suite 2A00. Mpls.. MN 55A02 Mailing Address Same __________________________________________ Marina Phone Ofiice Phone _____________________ OWNERSHIP/OPERATION V J Fee Owner (if different than above) Genmar Industries, Inc, Address Same _______________________ Phone BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ____ partnership X corporation List the name of each partner or corporate officer and their title: Grant E. Oppegaard, President_ _ _ _ _ _ _ _ Mary P. McConnell. Vice President_ _ _ _ Name of the marina manager responsible for daily operation: _ _King's Cove Boat Sales_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ List the minimum number of employees on duty when the marina is open to the public during the boating season: 1 dock attendants ____ repair or service personnel ^ others available for sales/public information, etc. (including above) Page 1 of 5 List every short or long term business occupant of the property other than the Business noted above: 4. PRINCIPAL BUSINESS ACTIVITY (Check all services offered): Principal Uses _X ___ in-water slip rental _X ___ sales of boats/motors/trailers/ marine accessories ____ boat repair and servicing _X ___ on-land boat storage X winter summer ____ marine fuel sales ____ sale of bait and fishing tackle Conditional Uses (Conditional Use Permit is Required^ ____boat club ____public boat launching, on-demand ____public boat launching, transient ____charter boat port-of-call ____caretaker dwelling unit Accessory Uses y head pumpout ____ fishing toumi -nent site ____ sale of pre-p :aged food ____ dive shop ____ clubhouse (for slip or boat club customers) ____ lessons/teaching ____ boat rental ____ sailboard sales/rental ____iceboat sales/rental ____ ice fishing tackle sales ____ cross-country ski sale/rental 5. 6. BUSINESS SCHEDULE (Check appropriate items): X open all year ____ List proposed hours of operation: dock access retail sales & service open during boating season only /24 hour ____ AM to PM 9 AM to 6 PM MARINA SECURITY is provided by: CARETAKER living on site? _____ King's Cove No SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. 7. Company Rental Rental Slips/ Other Total BOATS STORED IN THE WATER (for lake use) Owned Boats Spaces Boats a. At dock slips 111 111 Total Boats in Water 111 111 Page 2 of 5 8. BOATS STORED ON LAND FOR LAKE USE a. b. c. Inside Buildings Outiide on Racks Outside - other means Total Boats Stored on Land for Lake Use 9. TOTAL BOATS FOR LAKE USE (Add 7 and 8) 10. OTHER BOATS ON PREMISES (SUMMER) a. Transient boats (repair/service) b. New boats for sale (inventory) c. Used boats for sale (inventory) d. Other (list:______ ) Total 11. OTHER BOATS ON PREMISES (WINTER) a. Transient boats Crepair/service) b. Contract storage (customer's boats) c. Inventory (new & used boats) d. Other (list:_____________^_____) Total OFF-STRF.F.T PARKING REQUIREMENTS 111 Inside Building Outside Building Total Inside Building Outside Building 12. 13. b. SUMMER PARKING a. Retail sales/service customers 8 spaces minimum (+1 per each 800 s.f. over 1,000 s.f.) Boating customers 6 spaces per 10 boats for lake use [.6 x__(line 9)] = Launching ramp customers (day use) 10 spaces minimum per ramp = Charter boat port-of-calld. e. 1 space per each 3 seats of gross charter boat capacity [gross charter capacity x 0.33] = Total spaces required (add a, b, c, & d) Total spaces available per attached parking plan WINTER PARKING REQUIRED a. 0.20 X (line 12e) Page 3 of 5 6-12 50-57 Total ^ spaces 67 spaces spaces - spaces 7S spaces 71 spaces spaces DOCK CONSTRUCTFON 14. CHECK ALL THAT APPLY: X Permanent ____ Seasonal Wood __ Concrete ____ Metal Foam Pilings: ____ Decking: X Wood X Flotation Method (if used): ____ LICENSE STANDARDS ADVTSQRY i__ De-icing normally used Metal ____ Other___ Other_________________ 3L/Tels X Other Plastic Encased Foam Businesses required to be licensed under Section 5.43 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards: A. Insurance Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. B. C. Licenseholder. The primary business operator on the property shall be the licenseholder, and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. Operation Standards. Each business licensee shall adhere to the following minimum operation standards: 1) Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. 2) ^oat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. 3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4) 5) The site shall be kept neat and orderly, and free of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. Lights shall be shielded from the road, the lake, and adjacent properties. Page 4 of 5 Bysings? U§g Llggnsgs Limited tQ.3-2 Zqh?, N o business use shall be licensed in any zoning distncr other than B-2, except that when a business use is allowed by ordinance in another zoning distnct such use conducted in said district shall not be required to obtain a license. Rgvqeatton. Failure to adhere to the above business use license standards shall be cause for license suspension or revocation per the provisions of this chapter. ATTACHMENTS The following must accompany this application: 1. CERTIFICATE OF SURVEY/SITE PLAN/PARKING PLAN indicating the boundaries of the man .ia property and the authorized dock use area, the location of all structures, storage areas, aocks, slips, buoys, launching ramps, gas pumps and tanks, parking areas access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spices. 2.CERTIFICATE OF LIABIL.ttY INSURANCE COVERAGE for the duration of the license period. 3. Copy of your LMCD LICENSE APPLICATION. 4.COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 Renewal Application j S200.00 Late Fee (if not posi narked by February' 15) SieO.OO TOTAL DUE THIS APPLICATION $_______________ $200.00 $200.00 REVIEW PROCEDURF. When a complete application is received, the City Council will review the license application and Will thereafter pass upon the application per the licensing procedures of Chapter 5. THE MARINAJ4A Y OPEN FOR PUBLIC TJSF. OMT V upon APPROVAT HF TTn: T TrFXTCc BY THE CITY roirNriT riNVYni. vr Pursuit lO Section 5.43 of the Orono Municipal Code, the applicant hereby requests the Orono ^ity Council to review this Marina License application, and agrees and authorizes the City cf Orono and tiie City ’s designated employees or agents to enter upon the marina property at a.-y reasf .table time to perform safety and code compliance inspections. Authorized Signature Title_______[/^P Date ^ Relationship to Owner Page 5 of 5 z z o o zm si SS o !D 2 O ra %I o» (M a M • • • « « I I I I I 33SSS Q22 Sgiil ps|isi* cri 1 1 \ License Year 1998 CITY OF ORONO '" P.O. Box 66, Crystal Bay, Minnesota 553231^1^ Phone 473-7357 2 \ \# 0" Date application sent to Marin a l/l2/9!i Date application returned to City ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.43, Subdivision 2 - Licensed RpgnirpH, It is unlawful for any persons to engage or participate in business use 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 FEBRUARY 15 OF THE LICENSE YEAR. BUSINESS INFORMATION 1. BUSINESS OR TRADE NAME Sf\-\ic(2S \)^da.U> Street Address / <9 1 ( A 1^(2 fV ^ ^ ^ 9 f Mailing AddressSo'fC (7 C? Q ? Office PhLe 2. ^ c Jk r 5>A/7Xr 3. Marina Phone ^ ~7 3 3 OWNERSHIP/OPERATION . Fee Owner (if different than above)^^ ^ ^ Address Sq / S~6 Phone S~^ ^ ' BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ____ partnership ><C corporation List the name of eaph partner or ^rporate officer and their title; ' Name of the marina manager responsibh ' J^eT /Tl^ esify /< Libt the minimum number of employees on duty when the marina is open to the public during the boating season:7 — dock attendants repair or service personnel others available for sales/public information, etc. u Page 1 of 5 noted abov f List ^ry short or long term business occupant of the property other than the Business PRINCIPAL BUSINESS ACTIVITY (Check all services offered); Principal Uses /^^n-water slip rental sales of boats/motors/trailers/ marine accessories boat repair and servicing on-land boat storage ^ ^ winter _ marine fuel sales summer sale of bait and fishing tackle Conditional Uses (Conditional Use Permit is Required^ p»<3 oat club /___ public boat launching, on-demand ____public boat launching, transient ____charter boat port-of-call ____caretaker dwelling unit Accessory Uses head pumpout ____ fishing tournament site X" sale of pre-packaged food ^ dive shop >C clubhouse (for slip or boat club customers) lessons/teaching J^boat rental ____ sailboard sales/rental ____iceboat sales/rental ____ ice fishing tackle sales ____ cross-country ski sale/rental 5.BUSINESS SCHEDULE (Check appropriate items): open all year _ __ open during boating season only List proposed hours of operation: dock access ^ AM to ^ PM retail sales & service AM to MARINA SECURITY is provided by: OlUnCA-----' CARETAKER living on site? ____ PM rvo SLIPS AND BOAT UNITS List the maximum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock and site plan submitted with this application. Company Rental Rental Slips/ Other Total Owned Boats Spaces Boats 7. BOATS STORED IN THE WATER (for lake use) . />, / / n Q At dock slips • ' ^ ^ ^ ^ I / Total Boats in Water , / U a. / 7f Page 2 of 5 % BOATS STORED ON LAND FOR LAKE USE a. Inside Buildings ____ b. Outside on Racks ____ c. Outside - other means ____ Total Boats Stored on Land for Lake Use ____ 9. TOTAL BOATS FOR LAKE USE (Add 7 and 8) OTHER BOATS ON PREMISES (SUMMER) Inside Building Outside Building a. Transient boats (repair/service) ____ ____ b. New boats for sale (inventory) ____ ^ _ - T fXf c*o1o ) y^f '//? UU& «x£. /go U Q C.— /) ' ' tVvO'vv^ ^ ^ I j ^ • P^U<^ r-'^ -f/V^ S Total Mtside Building b. c. (line 9)] = e. %J AAA^AAA^AA****** ^ m Boating customers 6 spaces per 10 boats for lake use [.6 x_ Launching ramp customers (day use) 10 spaces minimum per ramp = Charter boat port-of-call 1 space per each 3 seats of gross charter boat capacity [gross charter capacity x 0.33] = Total spaces required (add a, b, c, & d) Total spaces available per attached parking plan 13.WINTER PARKING REQUIRED a. 0.20 X (line 12e) # I3 Total spaces 7L spaces spaces ^ ^ spaces spaces Page 3 of 5 DOCK CONSTRUCTION 14. CHECK ALL THAT APPLY: Permanent ____ Seasonal ^ling^ ^^xC.Wood Concrete Metal Foam 'ilings: Decking;Wood De-icing normally used Metal ____ Other ___ Other _________________ Barrels OtherFlotation"Method (if us LICENSE STANDARDS ADVISORY Businesses required to be licensed under Section 5.43 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards: A. Insurance Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. B. C. Licenseholder. The primary business operator on the property shall be the licenseholder, and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately Ii''ensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. Operation Standards. Each business licensee shall adhere to the following minimum operation standards: 1) Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. 2) Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. 3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4) 5) The site shall be kept neat and orderly, and free of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. Lights shall be shielded from the road, the lake, and adjacent properties. Page 4 of 5 r Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except that when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. License Revocation. Failure to adhere to the above business use license standards shall be cause for license suspension or revocation per the provisions of this chapter. ATTACHMENTS The following must accompany this application: 1. CERTIFICATE OF SURVEY/SITE PLAN/PARKING PLAN indicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage a.'eas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all e.xisting facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 2. 3. 4. CER'HFICATE OF LIABILITY INSURANCE COVERAGE for the duration of the license period. Copy of your LMCD LICENSE APPLICATION. COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300,00 S _____ Renewal Application @ $200,00 $ Late Fee (if not postmarked by February 15) $100.00 - TOTAL DUE THIS APPLICATION $ REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PUBLIC USE ONLY UPON APPRO VAT. OF 1 BY THE CITY COUNCIL. UCENSE Pursuant to Section 5.43 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City's designated employees o^agents to enter upon the marina property at any reasonable time to perfom),.5^ety and p6»de compliance insnections. AuthorizejiSignature Title Relationship to Owner Date Page 5 of 5 r ; t City of Drorio P.O. Box 66 01/26/98 U:26;« o.'oo1» 1 !}£00.00 0.00 200.00 SUBTOTiiL TAX total sale Check Received 200.00 0.00 200.00 200.00 CHANGE CLERK# 02 TRiyjS# 0.00 oCCO « ^ vj>*License Year t998 CITY OF ORONO . Crystal Bay, Minnesota 55323 •;S Phone 473-7357' xiium; fo^/dj i Date application sent to Marin a 1/12/98 Date application returned to City ^ ^ ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.43, Subdivision 2 - Licenced It is unlawful for- any persons to engage or participate in business use without first having obtained a license therefor from tlie City. * » PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE ^ITY CLERK BY FEBRUARY 15 OF TI-IE LICENSE 'STAR. • BUSINESS INFORMATTON I. BUSINESS OR TRADE NAME _________ StteetAddress »-). !=■- ^ 2. 3. Mailing Address Marina Phone *^*1 f OWNERSHIP/OPERATION Fee Owner (if different than above) Address Office Phone Phone BUSINESS ORGANIZATION: (Check applicable item) ____individual ownership ______ partnership corporation Uot the name of each partner or corporate officer and their title: « Name of the marina manager responsible for daily operation: List the minimum number of employees on duty when the manna is open to the public during the boating season: dock attendants )repair or service persorjiel J_ others available for sales/public information, etc. Page 1 of 5 noted above!''"^ """ *' 4.PRINCIPAL BUSINESS ACTIVITY (Check all PrinciPanl TJspjif in-water slip rental _ sales of boats/motors/trailers/ a marine accessories _gat- boat repair and servicing S on-land boat ctwage winter ^ sisummer services offered); Accessory - X head pumpout —_________fishing tournament site —sale of pre-packaged food ____ <^ve shop ^ clubhouse (for slip or boat club customers) ____ lessons/teaching ____ boat rental ____ sailboard sales/rental ____iceboat sales/rental ____ ice fishing tackle sales ------ cross-country ski sale/rental 5. . marine fuel sales ------- sale of bait and fishing tackle Conditional Uses fropditionni IJsy Permit is Require^) \ boat club public boat l*iunching, on-demaiiu — public boat launching, transient charter boat port-of-call caretaker dwelling unit BUSINESS SCHEDULE (Check appropriate items): open all year ------- open during boating season only List proposed hours of operation: dock access ^ a M to ^ PM retail sales ^ & service ? AM to ^ PM marina security is provided by: d, . _______ CARETAKER living on site? ______■ _____ SLIPS AND BOAT UNITS LL the mMimum number of boats in each category. Each slip, mooring or other space actually used for storage or keeping of boats or watercraft must be indicated and numbered on the dock nd site plan submitted with this application. 6. BOATS STORED IN THE WATER (for lake use) At dock slips Total Boats in Water Owned n. Rental Rental Slips/ Other Total Boats Spaces Boats ss:2L. Page 2 of 5 8.BOATS STORED ON LAND FOR LAKE USE a* Inside Buildings ^ b. Outside on Racks Outside - other means Total Boats Stored on Land for Lake Use c.32^ 9.TOTAL BOATS FOR LAKE USE (Add’7 and 8) 312^ 10.OTHER BOATS" ON PREMISES (SUMMER) 3* Transient boats (repair/service) b. New boats for sale (inventory) c. Used boats for sale (Inventory) d. Other (list: ) Total Inside Outside RiiiMi -i Ih- II.OTHER BOATS ON PREMISES (WINTER) a. transient boats (repair/service) b. Contract storage (customer's boats) c. Inventor> .new & used boats) d. Other (list:____ Total Total Inside RiiiMjng Out.side RnjHinp — ) OFF-STREET Parising RKO!tiRFJVirNT<;Total 12.SUMMER PARKING a. Retail sales/service customers 8 spaces minimum (+1 per each 800 s f. over 1,000 s.f.) « b. Boating customers 6 spaces per 10 boats for lake use [.6 x (line 9)1 = c. Launching ramp customers (day use) 10 spaces minimum per ramp *= d. Charter boat port-of-call 1 space per each 3 seats of gross charter boat capacity [gross charter capacity x 0.33] = e. Total spaces required (add a, b, c, & d) Total spaces available per attached parking plan I'Zti spaces spaces ___ spaces spaces spaces spaces 13.WINTER PARKING REQUIRED a. 0.20 X (line 12e)spaces Page 3 of 5 A DOCK CONSTRUmniV 14.C^CK ALL THAT APPLY: y Pemanent _____ Seasonal Pilings: A Wood ___ Decking: Wood y Concrete De-icing normally used Metal ____ Other "W Metal Flotation Method (if used): ____ Foam Other Barrels Other LICEN.se STANDARDS ADVT.SORV Businesses requited to te licensed under Section 5.43 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license standards: InSMrgncg Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. B. C. Liggnsgholdgr. The primary business operator on the property shall be the licenseholder, and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. QBSration Suindtird??. Each business licensee shall adhere to the following minimum operation standards: 1) Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4) 5; The site shall be kept neat and orderly, and free of garbage. On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. Parking and on-land storape of boats, trailers, materials and etluipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the aruiual license application. Such site operation plan shall also indicate seasonally variable uses. 7) Lights shall be shielded from the road, the lake, and adjacent properties. Page 4 of 5 Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except that when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. License Revocation. Failure to adhere to the above business use license standards shall be cause for license suspension or revocation per the provisions of this chapter. ATTACHMENTS The following must accompany this application: 1. CERTIFICATE OF SURVEY/SITE PLAN/PARKING PLAN indicating the boundaries of the marina property and the authorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. 2. 3. 4. CERTIFICATE OF LIABILITY INSURANCE COVERAGE for the duration of the license period. Copy of your LMCD LICENSE APPLICATION. COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 $ Renewal Application @ $200.00 $ Late Fee (if not postmarked by February 15) $100.00 ^ TOTAL DUE THIS APPLICATION $ REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the iicensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PI JRUC USE ONLY UPON APPROVAT. OF THE LICENSE BY THE CITY COUNCII.. Pursuant to Section 5.43 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City's designated employees or agents to enter upon the marina property at any reasonable time to perfoQn compliance inspections. Authorized Signature fTitle Relationship to Owner Date 2/ Page 5 of 5 r City of Crono P.O. Box Crystal Bi., nN 555B3 1613)473-7357 03/05/55 13:11:17 SHGfiE L*LuMjt - utnzR ^uo. 1 1^' 0.00 0.00 1 i? 5uB'0ri;i.TAX total sale Check Received cW.CO 3CO.CO 300.00 0.00 300.00' 300.00 CHANGE CLERKI 03 TRANE# 5051 0.00 0 u) (A ^*3 A II V) 0 N : ■• : • iuJfI-~^r > V. uVlfcnUiki^^ ,.•* • • • t •. •»•* f »■ p— I ■■ m • • • • ■ ^3) I ^ I ^^ r ! I I ! i . :w^:....'.•■••9»«M « « • n I \ . » • -V-! \ I. \ • • I I • I I % A vv - ..^r •• ~ 5.? — f !---------- M------ *• -7 i V r » 1 S0 ...1^ • ^ •- ^ » 1 t ; *.:• :, - : 1 * \ ^•* $n I (S) ■'; • • «•••«* I f>r% ^ % \ \ / -—y- . <.. ..L. - - /^ft.2 •• •• ----) , *#*.^r ---- /•I I (— •• •M* / \ X * J • / / • //r- K X X m # * ^ / 6c**'vifo ^ w i.>... , ^ • -•; #«it • •* vH • • «•« • •# 7!^ i *■•. •■r'»r* ••*y H J1 n iV /« /»ii i< f7 fi H If /c I JL /#/# • I ili*I M ij >» I I I i p 1-j ».- ... I > (/V>J *•'..•* 1< y y ih f j f J. • • •• •••••* 1/»/ li \hif ‘Uzt I • ■ .* "1 'SVh1. IfffeO. 3PA7^iCKJS c-o /•■ •• I •• * • • ^* 7(. f»« ^ CD CO ^ .eal /,g. f fyit AHr -------------------------------------------■- / #• A»I- \ 77 ri. 'c»>) •vlto*.* 1 jVc.^' • . ^ • • • 0 • ••• V " • .1 ii .ll®i ••• • r:m\ 'I ^.\ • • ■••//^; . •»•••• » I / ^ C°* 5'^ —* * * »I mermen UA)G •I •^\ l! \ I'haocoytfl-. •/ ms ^ 0’’/s' : 7r'2SO* • /"=50' Wriit. /%0(H ex/iii^iTs lAiS±^ fAJ •I /"= 5o' License Year 1998 CITY 01 P.O. Box 66, Crysta^ Bay, Minnesota 55323 Phone 473-735: Date application sent to Marina 1/12/98 application returned to City’8 ANNUAL COMMERCIAL MARINA LICENSE APPLICATION - Pursuant to Orono Municipal Code Section 5.43, Subdivision 2 - Licensed Required. It is unlawful for any persons to engage or participate in business use 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 FEBRUARY 15 OF THE LICENSE YEAR. BUSINESS INFORiviATION 1. BUSINESS OR TRADE NAME (YvOPr 3. StreetAddress ^ A) Mailing Address______^ ____________________ Marina Phone IpIZ“ ^ll - 9 L>0 ip____Office Phone OWNERSHIP/OPERATION Fee Owner (if different than above) Address Phone BUSINESS ORGANIZATION: (Check applicable item) ____ individual ownership ____ partnership corporation List the name of each partner or corporate officer and their title: Name of the marina manager responsible for daily operation: __________^ J Air> € s j List the minimum number of employees on duty when the marina is open to the public during the boating season: ____ dock attendants ____ repair or service personnel others available for sales/public information, etc. Page 1 of 5 !*.i( (J 4 t 'c DOCK CONSTRUCTION 14. CHECK ALL THAT APP..Y: Permanent __ Pilings: t/' Wood Decking: Wood Flotation Method (if used): __ Seasonal Concrete ____ Metal Foam __ De-icing normally used Metal Other____ Other__ Barrels MCKNSE STANDARDS ADVISORY -Other a oJJ standards: A. Businesses required to be licensed under Section 5.43 shall be subject to the requirements and performance standards of the B-2 Zoning District and per the following business use license Insurance Required. Each business shall provide certification of liability insurance coverage for the duration of the license period. B. T.icenseholder. The primary business operator on the property shall be the licenseholder, and shall be responsible for notifying the City of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. C. Operation Standards. Each business licensee shall adhere to the following minimum operation standards: 1) Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. 2) Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. 3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises stored boats. 4) The site shall be kept neat and orderly, and free of garbage. 5) On land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. 6) Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the arriual license application. Such site operation plan shall also indicate seasonally variable uses. 7) Lights shall be shielded from the road, the lake, and adjacent properties. Page 4 of 5 Business Use Licenses Limited to B-2 Zone. No business use shall be licensed in any zoning district other than B-2, except that when a business use is allowed by ordinance in another zoning district, such use conducted in said district shall not be required to obtain a license. License Revocation. Failure to adhere to the above business use license standards shall be cause for license suspension or revocation per the provisions of this chapter. ATTACHMENTS The following must accompany this application: 1. CERTIFICATE OF SURVEY/S’I IE PLAN/PARKING PLAN indicating the boundaries of the marina property and the autiiorized dock use area, the location of all structures, storage areas, docks, slips, buoys, launching ramps, gas pumps and tanks, parking areas, access areas, fencing and landscaping features. The drawing shall be updated each year to show all existing facilities, all changes from the previous season, and any changes proposed for the duration of the current application. The drawing shall also indicate the locations of winter storage and required winter parking spaces. PiXx 4 2. CERTIFICATE OF LIABILITY INSURANCE COVERAGE for the duration of the license period. fyrws jf\)3t 3. Copy of your LMCD LICENSE APPLICATION. 4. COMMERCIAL MARINA LICENSE APPLICATION FEE according to the current City fee schedule. Initial Application @ $300.00 S_________ Renewal Application @ $200.00 $ /4200.00 Late Fee (if not postmarked by February 15) $100.00 TOTAL DUE THIS APPLICATION $ 3CX) <^ REVIEW PROCEDURE When a complete application is received, the City Council will review the license application and will thereafter pass upon the application per the licensing procedures of Chapter 5. THE MARINA MAY OPEN FOR PUBLIC USE ONLY UPON APPROVAT. OF THE UCENSE BY THE CITY COUNCIL. Pursuant to Section 5.43 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Marina License application, and agrees and authorizes the City of Orono and the City ’s designated employees or agents to enter upon the marina property at any reasonable time to perfon^ safety a^tt^jcqde compliance inspections. —--jfL Date /99^Authorized Signature __ Title c Relationship to Owner Page 5 of 5 City of Orono P.O. Box 66 Crystal Bay, IW 55323 (612)473-7357 07/10/98 14:34:34 CustoMr: NONE LICENSE - OTHER BUS. 1 9 300.00 300.00LAKSIDE MARINA DOCK LICENSE 1 9 0.00 0.00 SUBTOTALTAX TOTAL SALE Check Received 300.00 0.00 300.00 300.00 CHmSE CLERKI03 TRANS# 7223 0.00 c; V: ./;v\ . . .5^ ■.< V ... ■ ••• ___•••\ •• m .0 f . .. • ‘7/v/.. <7c • n. N. 0^5 ’•■•4:..; .00 1 *“•••*• i2*00’*E • • y .>•; rJi' ^ •. • • *. * ■Ife >s!». ^W.- ••:;;l .-=.V. . V • • • • ^ *• *1^ • • • nP / / / / 4 / / / / ^9 • .• ^9 /• !• . 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MlMUE-TOKlklA. a OiTH stmtviarina lAo//c/i' B' 4S p£f^ GAc/ce 's S'-/«yH T - t* 7- -T 'i’ r • I ^ % •« « •; \ V'l' ^ * « : i kt i } ^ Jtil < 'i -T *i r f I •j « % •? n </p ^ » • ( ( tc c: ~\T I { I ? :| K• je i V i j =-'5 ^ iv * i ■ * 5 i •!N » fH • • •• ..-M',>’;-,1 • .“'. i ». • ‘jt.i<.?K • •'»^ *. K Alt k $1wz< ■ iJ 1 f 9 •4 ' ^ 1 ( w i 1 Xi 1 ! V ^ • • 4 ft' J•*. 9 0 V !^A 1!1 1 « 1 1___4___ Jn exhibit . • •! • • «. \ ♦ % • ' . - < V 1 . (• J .; . I « • • t 4 m X X E B At least eight off-street parking spaces, plus one additional space for each 800 square feet of‘floor area over 1.000 feet, including warehousing, and all outside sales and storage areas related to the sales and service functions. C If the proposed use is to include the launching of boats owned by the public for the day from trailers (i.e. Public Boat Launching. Transient), ten additional auto-trailer parking spaces shall be provided for each ramp. D If the proposed use is to include a charter boat port of call, one additional parking space for each 3 seats of gross charter capacity shall be provided or a pto for off-site parking and shuttle service shall be provided to the City subject to Council approva . E The required parking spaces may not be separated by a public roadway from the dock, a storage space, mooring space, floor space, or ramp they are designed to serve. F Required off-street parking space may not be utUized for open storage of goods or for the storage of boats, except that during the winter storage ^on each yew the reouired off-street parking may be used for winter storage of boats provided that 20% of the required parking spaces remain as a functional parking area. During the . [Zu 15 to May 31 and September 16 to November 15). adequate parkmg shall be mamtamed on die site, sufficient to eliminate uaffic or parking congestion, but m no case shaU parkmg be reduced to less than 20% of the required spaces. G. Parking may not be allowed in any required yard or landscaping area. H Employee parking spaces shall be in addition to the parking spaces required above. The number of employee parking spaces shall be designated on an official parking plan to be kept on file with the City. 1. Where these minimum parking requirements prove to be inadequate for a given use, additional parking may be required in order to contmue that use. Subd. 9. Yards. The minimum required yard areas for the district shaU be landscaped and planted with evergreen and deciduous shrubs and trees m detailed landscape plan. Storage of boats, vehicles, equipment and matenals shall not be allowed within any required yard. Subd. 10. Landscaping Areas. In addition to the landscaping requited in the required yard areas for the district, the following landscaping areas shaU be landscaped m accordance with the following provisions: A. The minimum landscaping areas shall be as follows. i 1 The lakeshore landscaping area shall be an area that is paraUel marina operation. 2 Side yard landscaping area shall be an area that is parallel to the side lot ime and not within *e lakeshore landscaping area or front yard landscaping area and shall not be less than 10 feet deep. 3 Front yard landscaping area shall be an area that is paraUel to ■ .c landscaoin'T area and shall not be less than 10 feet deep. SteSc'aping'area for access to the^public road shall not exceed an aggregate w.dth of 50 feet for each marina operation. B. The detailed landscape plan for each landscaping area shall provide for • • rr rtrimanlv eversreen and deciduous trees not less than six feet a namral woods area contamms pnina y g interdisoersed among the trees so as in height. Shrubs not less than two opaque during to eventually provide. landscaping area except the required the summer months. No uses shal required in addition to ±e namral landscapmg and requirements of this district. The use of any Sh^bs. All landscaping shall be maintained in a healthy growmg condition. C. All the required improvements in the landscaping prior to the date of issuance of an occupancy certiftcate or as otherwise provided by this Chapter, whichever date occurs first. D All landscape areas shall be sufficiently delineated by required landscape areas. E. All groundcover in the required landscaping ^J^ll ^ lat^' 10% of the required landscape areas. Subd 11. Additional Performance Standards. Within the "B-2" Lakeshore Business District any land use must meet the following performance standards: AUG 1 0 19^8 ClTVCrCBCt^O REQUEST FOR COUNCIL ACTION DATE: August 10, 1998 ITEM NO.: ^ Department Approval: Name Gregory A. Gappa Title Director of Public Services Administrator Reviewed:Agenda Section: Engineer's Report Item Description: Approve Quotation for Repair of Salt Shed Roof Half of the salt shed roof was blown off during the May storm. The City has already received an insurance settlement of $11,078.22 for storm damage repair. We have obtained quotations for repair of the roof. [i i Ebert Construction, Corcoran A-1 Coverall Construction Services, Wayzata Flag Builders, Golden Valley $10,070 $12,400 $29,275 The quotations were reviewed by the City Building Official and Building Inspector. They have both worked with Ebert Construction provided a good recommendation for this firm. They have also both inspected the salt shed, and the scope of work proposed by Ebert Construction is appropriate. We are recommending approval of the quote from Ebert Construction for repair of the salt shed roof with the Mayor and Clerk to sign for Acceptance of the Proposal. COUNCIL ACTION REQUESTED: Motion to approve Quotation from Ebert Construction in the amount of $10,070.00 for repair of the salt shed roof. FbbrtCONSTRUCTION 233S0 County Road 10 » P.O. Box 97 » Corcoran / Loratto, MN 55357 Phono (612)498-7844 • 1-800-627-1669 • Fax (612) 498-9951 ]uly29, 1998 Greg Gappa City of Orono 2750 Kelley Parkway Long Lake, MN 55356 RE: Proposal Dear Greg: Enclosed Is the proposal you requested for storm damage repair on a 40' section of your building. n, „,i alter you have had a chance to review the proposal. We recommend you Sule yo" prVt as soon as possible, as the schedule Is filling quickly. I look forward to hearing from you. Sincerely, Gregory R. Ebert Ebert Construction siz Enclosure : : E bert 23350 County Road 10 « P.O.Box 97 » Corcoran /Loretto,MN S5357CONSTRUCTION Phone(612)498-7844 « 1-800-627-1669 * Fax (612)498-9951PROPOSAL Date: ]uly28, 1998 To: Greg Gappa City of Orono 2750 Kelley Parkway Orono, MN We hereby submit specifications and estimates for: Storm Damage Repair on 40' Section of Building • Remove and dispose of existing roofing, sheathing and trusses. • Install new LVL header on sidewall. • Install new trusses spaced at 24" on center with 40-7-10 loading at a 4:12 pitch. • Install Certainteed Sealdon 25 shingles and asphalt felt on Vi” CDX sheathing. • Install 12" "Rollex" soffit system on endwall and "Rollex" fascia system on endwall and sidewall. • Install 29 gauge Pro-Panel 11 steel on 80 LF of sidewall with necessary trim. We hereby propose to fumLh material and labor - complete In accordance with above specIflcatJons, for the sum of: Ten thousand seventy dollars ****************$10,070.00 ___ Payment to be made as follows: 30% Downpayment, Balance Upon Completion This proposal may be withdrawn by us If not accepted within 10 days. Authorized signature Ali material is guaranteed to be as specified. Ail work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workers' Compensation Insurance. Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Signature: CLfP-fc Cappa r COUNC.ui.._ AUG 1 0 1998 FOR COUNCIL ACTION CITYOrCRQNiO DATE: August 10, 1998 ITEM NO. Department Approval: Name Gregory A. Gappa Title Director of Public Services - 1 Administrator Reviewed:Agenda Section: Engineer ’s Report Item Description: Re().:estT571-ual l»ayniem Golf Course Irrigation System *PP™val of this Request for COUNCIL ACTION REQUESTED: S’SiT,''" I r i j> S r Owner:City of Orono, P.O. Box 66, Crystal Bay Date:August 10, 1998 For Period:November 1997 to August 1998 Request No: 3 Contractor:Evergreen Sprinkler, 4100 Vera Cruz Avenue North, Robbinsdale, MN 55422 REQUEST FOR PAYMENT 1997 GOLF COURSE IRRIGATION SYSTEM SUMMARY $91.259.00 1 2 3 4 5 6 7 8 9 10 11 Original Contract Amount Change Order - Addition Change Order - Deduction Revised Contract Amount Value Completed to Date Material on Hand Amount Earned Less Retainage 0% Subtotal Less Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 3 (FINAL PAYMENT) $ $ 0.00 OM $ $ $ $ $ $ $ $ 91.259.00 91.259.00 0.00 91.259.00 0.00 91.259.00 89.433.82 1.825.18 Recommended for Approval by: GREGORY A. GAPPA, DIRECTOR OF PUBLIC SERVICES Approved by Contractor: EVERGREEN SPRINKLER Approved by Owner: CITY OF ORONO Date: ._i;V AUG .1 0 1998 REQUEST FOR COUNCIL ACTION CITY cr ORONO DATE: August 6, 1998 ITEM NO : Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Reappointment to Lake Minnetonka Communication Commission In 1997, the City Council appointed Fred Blanche to a one year term as an alternate City representative on the Lake Minnetonka Communication Commission (LMCC). Mr. Blanche had expressed a desire to participate on the LMCC as it worked through the process of negotiating a renewal of the cable franchise with the current cable provider. Mr. Blanche has had substantial involvement in the franchise renewal process, with a particular interest in maintaining and improving local access programming capabilities. This involvement has continued beyond his one year term. The franchise renewal process is now nearing completion, with the Cable Commission to vote on the renewal in the coming months. Mr. Blanche has questioned whether any action was taken to extend his term through 1998 so that he would have voting authority on the Commission. It does not appear that his appointment was extended at the time the Council took action regarding other appointments for 1998. Since Mr. Blanche has been involved throughout the franchise renewal process, it would be advantageous to extend his appointment through 1998 to enable him to participate as a voting member of the LMCC as they make final decisions regarding the franchise renewal. COUNCIL ACTION REQUESTED: Motion regarding the extension of the appointment of Fred Blanche as an alternate City representative on the Lake Minnetonka Communication Commission through January 11,1999. .. . REQUEST FOR COUNCIL ACTION AUG 1 0 1998 CrTYOFGRCNO DATE; August?, 1998 ITEM NO: / Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator's Report Item Description: Minnehaha Creek Watershed District (MCWD) Liaisons To facilitate improved communication between the MCWD and the cities within the district, the MCWD has proposed that it will appoint a board member to serve as liaison to each city, and has requested that each city appoint an elected official and a staff member as liaisons to the MCWD. If the Council is interested in the liaison proposal, the Council needs to designate a member of the Council to serve as liaison. It is recommended that Greg Gappa and Mike Gaf&on be designated as staff liaisons. COUNCIL ACTION REQUESTED; Motion to designate a staff and Council liaison to the MCWD. AUG 1 0 1998 CITY Cr OflOMO REQUEST FOR COUNCIL ACTION DATE: August?, 1998 ITEM NO: Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Analysis of Parcels Affected by the Right-of-Way Acquisition for New Highway 12 Attached is a report prepared by Mike Gaffix)n, Senior Planning Coordinator, to provide an analysis of the impact on parcels along the proposed new Highway 12 corridor that are to be fully or partially acquired by Mn/DOT. This information is to assist the Council in determining which of the lots could be retained as separate parcels after the right-of-way acquisition. The report includes staff recommendations as to whether the lots should continue as separate developed lots or buildable parcels. COUNCIL ACTION REQUESTED: General reaction of the Council to the staff analysis and recommendations. Gross Area Net Dry Area Significant Impacts Address Before Taking After Taking Lot Area Septic Setbacks x=minor impact X=majorimpa 1. ''1150' Lyman Ave.3.2 acres 2.0 acres ±X 2.1170 Lyman Ave.2.0 acres 1.88 acres X X 3.1180 Lyman Ave.1.48 acres 1.12 acres X X X 4.1190 Lyman Ave.4.2 acres 2.7 acres X 5.1200 Orono Oaks Dr.3.4 acres 2.5 acres X 6.1230 Orono Oaks Dr.3.05 acres 1.65 acres X X X 7.'1260' Orono Oaks Dr.3.0 acres 0.96 acres X X X 8.1290 Orono Oaks Dr.3.5 acres 1.5 acres X X 9.1320 Orono Oaks Dr.3.3 acres 2.0 acres ±X 10.1350 Orono Oaks Dr.3.77 acres 2.0 acres ±X X 11.340 Willow Dr. N.9.25 acres 8.8 acres 12.365 Willow Dr. N.2.03 acres 1.78 acres X X 13.345 Willow Dr. N.2.03 acres 1.81 acres X X X 14.325 Willow Dr. N.5.35 acres 4.87 acres X X 15.2680 Silver View Dr.7.7 acres 7.4 acres 16.380 Silver Meadow Dr.2.5 acres 2.2 acres X 17.375 Silver Meadow Dr.2.25 acres 1.96 acres X 18.365 Old Crystal Bay N.9.3 acres 7.8 acres X X 19.Towle Property 12.2 acres 1.7 acres N.X 9.5 acres S.• 20.3825 Sixth Ave. N.6.9 acres 2.8 acres X LYMAN / ORONO OAKS AREA (All 2-acre zone) ”1150” Lvman Avenue (Vacant residential lot) Owner: Legal Description: Lot 2, Block 1, Wood End Acres - Approximate area of acquisition: 0.03 acre - Gross area incl. wetland: 3.2 acre - Net area excluding wetland: 2.0 acre - Net dry area after taking: 2.0 acre± - Potential septic sites are not affected by taking. - Lot buildability is not affected by taking, except that dry buildable area may end up slightly under 2.0 acres (survey needed to confirm). 2. 3. Recommendation: Continue status as a conforming buildable lot. 1170 Lvman Avenue (Developed residential lot) Owner: McFadden Legal description: Lot 1, Block 1, Wood End Acres - Approximate area of acquisition: 0.12 acres - Gross area (no wetlands on site): 2.0 acres - Net dry after taking: 1.88acres± (becomes substandard) - Potential future septic site impacts: Relatively flat areas along NE lot line will be reduced by 10-25' in length. - Existing house setbacks will not be rendered substandard. - Lot area becomes substandard. - Existing septic system is non-compliant and must be replaced. Recommendation: Septic testing needed to confirm the existence of suitable primary and alternate sites. If sites confirmed, continue as a legal nonconforming developed building site 1180 Lvman Avenue (Developed residential lot) Owner: Bigley Legal description: (metes and bounds) - Approximate area of acquisition: 0.36 acres - Gross area (no wetlands on site): 1.48 acres (Area variance 1987) - Net dry area after taking: 1.12 acres+ (becomes more substandard) - House will end up 40' from rear lot line, 50' required. - Taking will eliminate existing trench drainfield. - Taking will eliminate both previously identified alternate drainfield sites. - Very questionable whether additional septic sites exist. Recommendation: Septic testing needed to confirm the existence of suitable alternate drainfield sites. If sites confirmed, continue as a legal nonconforming developed building site. If sites do not exist, choices are 1) MnDOT extend sewer, or 2) remove house, site becomes unbuildable, attach to adjoining lot(s). 5. 6. 1190 Lvman Avenue (Developed residential lot) Owner: B. Palmer Legal description: (metes and bounds) - Approximate area of acquisition: 0.10 acres - Gross area incl. wetland: 4.2 acres - Net area excluding wetland: 2.8 acres - Net dry area after taking: 2.7 acres± - No impact on existing house or septic system. - Potential impact on future septic sites. - Existing septic system was saturated at last inspection, may need replacement. Recommendation: Septic testing needed to confirm whether suitable alternate drainfield sites will be impacted by the taking. If no impact, continue as a conforming developed lot. 1200 Orono Oaks Drive (Developed residential lot) Owner: Tomhave Legal Description: Lot 6, Block 1, Orono Oaks - Approximate area of acquisition: 0.95 acres - Gross area (no wetlands): 3.4 acres - Net dry area after taking: 2.5 acres± - House setbacks not affected. - Existing system is nonconforming and must be replaced. - Alternate drainfield sites have not been identified and are potentially impacted. Recommendation: Septic testing needed to confirm the existence of alternate drainfield sites. If sites available within remaining lot, continue as a conforming developed lot. 1230 Orono Oaks Drive (Developed residential lot) Owner: Gardella Legal Description: Lot 5, Block 1, Orono Oaks - Approximate area of acquisition: 1.4 acres - Gross area incl. wetlands: 3.05 acres - Net area excl. wetlands: 2.85 acres - Net dry area after taking: 1.65 acres± (becomes substandard) - Northerly comer of house will end up 25' from rear lot line (50' required). - Taking will eliminate part or all of existing drainfield (which is nonconforming and must be replaced by 2008) and tested alternate site. - Existence of additional sites is questionable due to topography. Recommendation: Testing is needed to confirm existence of two alternate sites. If not, consider combining east half of Lot 4 with this property, and test there for alternate sites... If sites are found, and if 25' rear setback is acceptable, continue as a legal nonconforming developed building site. *'1260'* Orono Oaks Drive (Vacant residential lot) Owner: Legal Description: Lot 4, Block 1, Orono Oaks - Approximate area of acquisition: 2.06 acres - Gross area inch wetlands: 3.0 acres - Net area excl. wetlands: 2.65 acres - Net dry area after taking: 0.96 acres (becomes substandard) - The septic testing done for this lot in 1978 is not useful for identifying septic sites under current standards. - Steep topography and small lot area remaining appear to make this lot unbuildable after the taking, but parts of it may prordde alternate septic sites for adjacent Lot 5. Recommendation: Divide it up - east half combine with Lot 5, west half combine with Lot 3. 1290 Orono Oaks Drive (Developed residential lot) Owner: Bordson Legal Description: Lot3, Block 1, Orono Oaks - Approximate area of acquisition: 1.9 acres - Gross area inch wetland: 3.5 acres - Net area excl.wetland: 2.7 acres 9. - Net dry area after taking: 1.5 acres (becomes substandard) - Rear comer of house ends up 20' from rear lot line (50* required). - Existing and identified future septic sites not affected. Recommendation: If 20' rear setback is acceptable, continue as a legal non- conforming developed building site. Could combine with west half of vacant Lot 4 to make it nearly conforming in area. 1320 Orono Oaks Drive (Developed residential lot) Owner: Jenney Legal Description: Lot 2, Block 1, Orono Oaks - Approximate area of acquisition: 0.27 acres - Gross area incl. wetlands: 3.3 acres - Net area excl. wetlands: 2.0 acres - Net dry area after taking: 2.0 acres± - Taking has no impact on on existing or future septic sites and no impact on house setbacks. Recommendation: Continue status as a conforming developed residential lot. 10. Orono Oaks Drive (Developed residential lot) Ovvner; J. Palmer Legal Description! Lot 1, Block 1, Orono Oaks - Approximate area of acquisition: 1.32 acres - Gross area incl. wetlands: 3.77 acres - Net area excl. wetlands: 2.8 acres - Net dry area after taking: 2.0 acres± - Taking does not impact existing house setbacks or septic system. - Taking may eliminate one of the only potential alternate septic sites available. - Existing system is nonconforming and must be replaced. Recommendation: Septic testing needed to confirm the existence of alternate drainfield sites. If sites are available in remaining lot, continue as a conforming developed residential lot (or legal non-conforming if survey determines it ends up just under 2 acres). II. WILLOW DRIVE TO OLD CRYSTAL BAY ROAD (All 2-acre zone) 11. 12. :t40 Willow Drive North (Developed residential lot) Owner: Mendelson Legal Description: (metes and bounds) - Approximate area of acquisition: 0.45 acre - Gross area (no wetlands): 9.25 acres - Net dry area after taking: 8.8 acre± - Taking has no impact on existing house setbacks or septic system, nor on potential buildability. Recommendation: Continue status as a conforming developed residential lot. .365 Willow Drive North (Developed residential lot) Owner: G. Osgood Legal description: Lot 1, Block 1, Spruce Acres - Approximate area of acquisition: 0.25 acres - Gross area (no wetlands on site): 2.03 acres - Net dry after taking: L78 acres± (becomes substandard) - Taking has no impact on house setbacks or existing septic system. - Potential alternate septic sites may be somewhat affected by the taking. Recommendation; Septic testing needed to confirm the existence of suitable primary and alternate sites. If sites confirmed, continue as a legal nonconforming developed building site. 13. 14. 15. 3-45 Willow Drive North (Developed residential lot) Owner: L. Osgood Legal description: Lot 2, Block 1, Spruce Acres - Approximate area of acquisition: 0.22 acres - Gross area (no wetlands on site): 2.03 acres - Net dry ^ea after taking: 1.81 acres± (becomes substandard) - House will end up 25' from rear lot line, 50' required. - Existing and identified alternate septic sites will not be impacted. “ A potential future septic site at NW comer of lot may be reduced in size. Recommendation: Septic testing needed to confirm the existence of one suitable alternate drainfield sites. Continue as a legal nonconforming developed building site. 325 Willow Drive North (Developed residential lot) Owner: G. Gronberg Legal description: Lot 3, Block 1, Spruce Acres - Approximate area of acquisition: 0.48 acres - Gross area (no wetlands): 5.35 acres - Net dry area after taking: 4.87 acres± - Taking leaves house with a rear setback of 30' (50' required). - Taking may leave existing drainfield very close to rear lot line. - Tested alternate site not affected. Recommendation: Site survey work needed to confirm impacts on existing drainfield. If impacted, need to confirm a second alternate drainfield .site. If house setback is acceptable, continue as a conforming developed residential lot with substandard setabck. 2680 Silver View Drive (De*eioped residential lot) Owner: Morrison Legal Description: Lot 7, Block 1, Meyer Dairy Addition - Approximate area of acquisition: 031 acres - Gross area including wetlands:: 7.7 acres - Net area after taking: 7.4 acres± - House setbacks not affected. - Existing septic system not affected. - Alternate drainfield sites not affected. Recommendation: Continue as a conforming developed residential lot. riMHWtl ammfwT •ict] MtNtI OTriRTO r« 1 • ■«r« I •WHt •).ie.iirtRrrti tBiimiriTtrtf¥si ^ ■! RN CtV lltl «i]iiiMi^rriFinTrr rtBfiiTti BiTtliWiTil i%]rtliWil rtiiiR^itiira •TtlMlltl rotfsitTfi amiufwTwora rtiflct] Riiira r III. 6/12 INTERSECTION - SOUTH SIDE (5 acre zone) 19.No Address (Vacant land) Owner: Towle Legal Description: Metes and bounds - Approximate area of acquisition: 1.0 acre - Gross area inch wetlands: 12.2 acres - Net area after taking: H.2 acres± - Taking leaves 1.? acre parcel north of right-of-way, 9.5 acre parcel south of right-of- way. -1.7 acre remnant is bisected by a drainageway that will make it tough to build on, but this remnant would be a good addition to the property to the west (see below). - 9.5 acre remnant has about 2 acres of obvious wetlands and additional low-lying areas. As-is, this remnant would constitute no more than 1 building lot in the f acre zone, i.e. it’s not subdividable. Recommendation: Combine 1.7 acre remnant with 3825 Sixth Avenue North property. Continue status of 9.5 acre remnant as a conforming lot in the 5-acre zone. 20.3825 Sixth Avenne North (Developed residential lot) Ovmer: Alexander Legal Description: Lots 1 and 2, Orchard Park - Approximate area of acquisition: 0.92 acres - Gross area incl. wetlands: 6.3 acres contiguous 0.6 acres non-contiguous 6.9 acres total - Net dry before taking: 3.7 acres - Net dry area after taking: 2.8 acres+ - Taking does not impact existing house setbacks or septic system. - Taking may impact unidentified potential alternate septic sites. - Takirig splits lot into two parts: northerly 1.89 acres with house (all dry except for a drainageway at southeast end); and a southerly 3.5 acre parcel that is 0.9 acre dry, 2.6 acres wetland. Recommendation: 1) Vacate all right-of-ways which will no longer be needed. 2) Combine 1.89 acre house remnant with the remaining non-contiguous pieces and vacated right-of-ways and with Towle's 1.7 acre remnant. The result is a 6-acre lot with the house. Provide access to the house from Co. Rd. 6. The other alternative is to eliminate the house and use this area surrounded by highways and railroads for stormwater management... 3) Combine southerly 1.5 acre remnant with undeveloped neighboring property to the south, and provide it access to Co. Rd. 6 r txmnt I'.l^tt 1 1 —' 1( 1 «»ii ••1' (ft ILOCK 3 j..''nn^n — irwv*w«tf%^« I • • M I i tW4Jta*«'«iwao» r«V^^-«|«VA«IM Tr \ «> F3^ ^//9 *o o A^\® 'llifiir •!»■•• f ✓ X »• s: /0.» -- 6 t»fiOT -^ f-y-C?';'*, r-'s o ® o V \ \V \ \ flUTLOr A B I /«1 • •!*' * / \ • ° \ H. n « oo S^EHJ f==Zi OOO r X .V\f <b BLOCK o mmitrirrtrrvfTrf P •aM ^ t£Vt«iy!,S'S .%• .•r-.v--' 'V-------/» \\*%®£1 ■omiaT-*- ®o® e OOo o o ® ® I 4 V \ \ \ \ \ \ f.o® o o/ |0 mT] /— \ / lOT A r> O _________________Q yoI'o1#0• >1Vo0'•!. i'-t%. i' A • O rJ o 8 ooo' . ________.o 8 !5 y Gross Area Address .Before Takino Net Dry Area After Taking Significant Impacts Lot Area Sentic Setharks x=minor impact X==major imp 1.'1150' Lyman Ave.3.2 acres 2.0 acres ±X 2.1170 Lyman Ave.2.0 acres 1.88 acres X X 3.1180 Lyman Ave.1.48 acres 1.12 acres X X X 4.1190 Lyman Ave.4.2 acres 2.7 acres X 5.1200 Orono Oaks Dr.3.4 acres 2.5 acres X 6.1230 Orono Oaks Dr.3.05 acres 1.65 acres X X X 7.'1260' Orono Oaks Dr.3.0 acres 0.96 acres X X X 8.1290 Orono Oaks Dr.3.5 acres 1.5 acres X X 9.1320 Orono Oaks Dr.3.3 acres 2.0 acres ±X 10.1350 Orono Oaks Dr.3.77 acres 2.0 acres +X X 11.340 Willow Dr. N.9.1 acres 8.2 acres* 12.365 Willow Dr. N.2.03 acres 1.58 acres*X X 13.345 Willow Dr. N.2.03 acres 1.61 acres*X X X 14.325 Willow Dr. N.5.1 acres 4.2 acres*X X 15.2680 Silver View Dr.6.8 acres 6.3 acres* 16.380 Silver Meadow Dr.2.4 acres 1.9 acres*X X 17.375 Silver Meadow Dr.2.1 acres 1.6 acres*X X 18.365 Old Crystal Bay N.9.3 acres 7.8 acres X X 19.Towle Property 12.2 acres 1.7 acres N.X 9.5 acres S. 20.3825 Si.xth Ave. N.6.9 acres 2.8 acres X LYMAN / ORONO OAKS AREA (All 2-acre zone) 1 '*1isn** Lvpan Avenue (Vacant residential lot) 0^vner: Legal Description; Lot 2, Block I, Wood End Acres - Approximate area of acquisition; 0.03 acre - Gross area inch wetland; 3.2 acre - Net area excluding wetland; 2.0 acre - Net dry area after taking; 2.0 acre+ - Potential septic sites are not affected by taking. - Lot buildability is not affected by taking, except that dry buildable area may end up slightly under 2.0 acres (survey needed to confirm). Recommendation; Continue status as a conforming buildable lot. 2. 3. 1170 Lvman Avenue (Developed residential lot) Owner; McFadden Legal description; Lot 1, Block I, Wood End Acres - Approximate area of acquisition; 0.12 acres - Gross area (no wetlands on site); 2.0 acres - Net dry after taking; 1.88acres± (becomes substandard) - Potential future septic site impacts; Relatively flat areas along NE lot line will be reduced by 10'-25* in length. - Existing house setbacks will not be rendered substandard. - Lot area becomes substandard. - Existing septic system is non-compllant and must be replaced. Recommendation: Septic testing needed to confirm the existence of suitable primary and alternate sites. If sites confirmed, continue as a legal nonconforming developed building site. 1180 Lvman Avenue (Developed residential lot) Owner; Bigley Legal description; (metes and bounds) - Approximate area of acquisition; 0.36 acres - Gross area (no wetlands on site); 1.48 acres (Area variance 1987) - Nel dry area after taking; 1.12 acres+ (becomes more substandard) - House will end up 40' from rear lot line, 50' required. - Taking will eliminate existing trench drainfield. - Taking will eliminate both previously identified alternate drainfield sites. - Very questionable whether additional septic sites e.xist. Recommendation: Septic testing needed to confirm the existence of suitable alternate drainfield sites. If sites confirmed, continue as a legal nonconforming developed building site. If sites do not exist, choices are I) MnDOT extend sewer, or 2) remove house, site becomes unbuildable, attach to adjoining lot(s). 4. 5. 6. 1190 Lvman Avenue (Developed residential lot) Owner: B. Palmer Legal description: (metes and bounds) - Approximate area of acquisition: 0.10 acres - Gross area inch wetland: 4.2 acres - Net area excluding wetland: 2.8 acres - Net dry area after taking: 2.7 acres+ - No impact on existing house or septic system, - Potential impact on future septic sites. - Existing septic system was saturated at last inspection, may need replacement. Recommendation: Septic testing needed to confirm whether suitable alternate drainfield sites will be impacted by the taking. If no impact, continue as a conforming developed lot, 1200 Orono Oaks Drive (Developed residential lot) Owner: Tomhave Legal Description: Lot 6, Block 1, Orono Oaks - Approximate area of acquisition: 0.95 acres - Gross area (no wetlands): 3.4 acres - Net dry area after taking: 2.5 acres± - House setbacks not affected. - Existing system is nonconforming and must be replaced. - Alternate drainfield sites have not been identified and are potentially impacted. Recommendation: Septic testing needed to confirm the existence of alternate drainfield sites. If sites available within remaining lot, continue as a confomiing developed lot. 1.230 Orono Oaks Drive (Developed residential lot) Owner: Gardella Legal Description: Lot 5, Block 1 , Orono Oaks - Approximate aiea of acquisition: 1.4 acres - Gross area incl. wetlands: 3.05 acres - Net area excl. wetlands: 2.85 acres - Net dry area after taking: 1.65 acres± (becomes substandard) - Northerly comer of house will end up 25’ from rear lot line (50' required). - Taking will eliminate part or all of existing drainfield (which is nonconforming and must be replaced by 2008) and tested alternate site. - Existence of additional sites is questionable due to topography. Recommendation: Testing is needed to confirm existence of two alternate sites. If not, consider combining east half of Lot 4 with this property, and test there for alternate sites... If sites are found, and if 25' rear setback is acceptable, continue as a legal nonconforming developed building site. "1260** Orono Oaks Drive (Vacant residential lot) Owner: Legal Description: Lot 4, Block 1, Orono Oaks - Approximate area of acquisition: 2.06 acres - Gross area inch wetlands: 3.0 acres - Net area excl. wetlands: 2.65 acres - Net dry area aftt f talking: 0.96 acres (becomes substandard) - The septic testing J^;:ie f »r this lot in 1978 is not useful for identifying septic sites under current standards. - Steep topography and small lot area remaining appear to make this lot unbuildable after the taking, but parts of it may provide alternate septic sites for adjacent Lot 5. Recommendation: Divide it up - east half combine with Lot 5, west half combine with Lot 3. 1290 Orono Oaks Drive (Developed residential lot) Owner: Bordson Legal Description: Lot 3, Block 1, Orono Oaks - Approximate area of acquisition: 1.9 acres - Gross area inch wetland: 3.5 acres - Net area excl.wctland: 2.7 acres - Net dry area after taking: 1.5 acres (becomes substandard) - Rear comer of house ends up 20’ from rear lot line (50' required). - Existing and identified future septic sites not affected. Recommendation: If 20' rear setback is acceptable, continue as a legal non- conforming developed building site. Could combine with west half of vacant Lot 4 to make it nearly conforming in area. 1320 Orono Oaks Drive (Developed residential lot) Owner: Jenney Legal Description: Lot 2, Block 1, Orono Oaks - Approximate area of acquisition: 0.27 acres - Gross area incl. wetlands: 3.3 acres - Net area excl. wetlands: 2.0 acres - Net dry area after taking: 2.0 acres± - Taking has no impact on on existing or future septic sites and no impact on house setbacks. Recommendation: Continue status as a conforming developed residential lot. 10. 1350 Orono Pales Drive (Developed residential lot) Owner: J. Palmer Legal Description: Lot 1, Block 1, Orono Oaks - Approximate area of acquisition: 1.32 acres - Gross area inch wetlands: 3.77 acres - Net area excl. wetlands: 2.8 acres - Net dry area after taking: 2.0 acres± - Taking does not impact existing hou'-e setbacks or septic system. - Taking will eliminate one of the only potential alternate septic sites available. - Existing system is nonconforming and must be replaced. Recommendation: Septic testing needed to confirm the existence of alternate drainfield sites. If sites are available in remaining lot, continue as a conforming developed residential lot (or legal non-conforming if survey determines it ends up just under 2 acres). If sites not available, this lot will need sewer. II. WILLOW DRIVE TO OLD CRYSTAL BA Y ROAD (All 2-acre zone) 11. 340 Willow Drive North (Developed residential lot) Owner: Mendelson Legal Description: (metes and bounds) (Old Plan^ (Ret. Wall Plan't - Approximate area of acquisition: 0.45 acre 0.90 acre (Assumes 58' taking) - Gross area (no wetlands): 9.1 acres - Net dry area after taking: 8.2 acre± - Taking has no impact on existing house setbacks or septic system, nor on potential buildability. Recommendat^ Continue status as a conforming developed residential lot. 12. 365 Willow Drive North (Developed residential lot) Owner: G. Osgood Legal description: Lot 1, Block 1, Spruce Acres (Old Plan^ (Ret. Wall Plan^ - Approximate area of acquisition: 0.25 acres 0.45 acre (Assumes 58' taking) - Gross ar :a (no wetlands on site): 2.03 acres - Net dry after Uiking: 1.58 acres± (Substandard) - Taking has no impact on house setbacks or existing septic system. - Potential alternate septic sites may be somewhat affected by the taking. Recommendation: Septic testing needed to confirm the existence of suitable primary' and alternate sites. If sites confirmed, continue as a legal nonconforming developed building site. W;now Privy IVQrffj (Developed residential lot) wner: L. Osgood Legal description: Lot 2, Block 1, Spruce Acres A , (Old Plan) (Ret. Wall PIfln-t taking) - rear lot line, 50' requirli‘ (^“bstandard) - Existing and identified alternate septic sites will not be impacted ■ elimS' ■"‘•y in size or Recommendation: Septic testing needed to confirm the existence of one suitahl*. 12$ W|Hft)v Prjv^ North (Developed residential lot) vvner: G. Gronberg Legal description: Lot 3, Block 1, Spruce Acres A (IMElan) (Ret. Wall Pian^ :Se“ldsr"'"" IaZ:1 (Assu.es58'taidng) - Net dry area after taking: 4 2 acres+ - Taking leaves house with a rear setback of about 15' (50' required) : .r i. S^nTew'".?*'”"' «»* to eonftrm impacts on existing .leth '(""Pnoted. need to conftnn a second alternate drainfleld site If hous? subsldXbaek ■""““‘ini '»• “i* 15.2680 Silver Vjfw Qrivt (Developed residential lot) Owner: Morrison Legal Description: Lot 7, Block 1, Meyer Dairy Addition A , (QliLElan) (Ret. Wall Plan^: s;:zLzi:.tr "6.8 acres Net area after taking: House setbacks not affected. Existing septic system not affected. Alte- late drainfield sites not affected. 6.3 acres+ Recommendation: Continue as a conforming developed residential lot. 380 Silver Meadow Drive (Developed residential lot) Owner: Troutman Legal Description: Lot 4, Block 1, Meyer Daiiy Addition (Old Plan ^ (Ret. Wall Plan^ - Approximate area of acquisition: 0.3 acres 0.5 acres (Assumes 58' taking) - Gross area (no wetlands): 2.4 acres - Net dry area after taking: 1.9 acres+ - Existing house setbacks not impacted. - Existing septic system not impacted. - Taking will eliminate part or all of tested alternate site. Recommendation: Testing is needed to confinn existence of one alternate sites. Continue as a legal nonconforming developed residential lot. (' 375 Silver Meadow Drive (Developed residential lot) Owner: Miller Legal Description: Lot 3, Block 1, Meyer Dairy Addition (Old Plan ^ (Ret. Wall Plan) - Approximate area of acquisition: 0.3 acres 0.5 acres - Gross area (no wetlands): 2.1 acres - Net dry area after taking: 1.6 acres± (substandard) - House setbacks not affected. - Existing mound drainfield will end up close to (or over) north lot line. - Tested alternate site may be partially imp.:.?trd by taking. Recommendation: Need to confirm impacts to existing system, and find at least one new alternate site. Continue as a legal nonconforming developed residential lot. 365 Old Crystal Bav Road N. (Developed residential lot) Owner: Johnson Legal Description: (metes and bounds) - Appro.ximate area of acquisition: 1.49 acres - Gross area (no wetlands): 9.3 acres - Net dry area after taking: 7.8 acres - Taking eliminates existing 1000 ’ driveway. - Taking leaves house abutting north (side) lot line (O' where 30 ’ required). - Taking eliminates north half of existing non-conforming septic system. Recommendation: Move house within lot to meet required setbae'es, provide a new septic system, then continue as a conforming lot. 6/12 INTERSECTION - SOUTH SIDE (5 acre zone)19. No Address (Vacant land) Owner: Towle Legal Description: Metes and bounds - Approximate area of acquisition: 1.0 acre - Gross area incl. wetlands: 12.2 acres - Net area after taking: 1 1*2 acres+ - Taking leaves 1.7 acre parcel north of right-of-way, 9.5 acre parcel south of right-of- way. -1.7 acre remnant is bisected by a drainageway that will make it tough to build on, but this remnant would be a good addition to the properly to the west (see below). - 9.5 acre remnant has about 2 acres of obvious wetlands and additional low-lying areas. As-is, this remnant would constitute no more than 1 building lot in the 5 acre zone, i.e. it's not subdividable. Recommendation: Combine 1.7 acre remnant with 3825 Sixth Avenue North property. Continue status of 9.5 acre remnant as a conforming lot in the 5-acre zone. 20. Sixth Avenue North (Developed residential lot) Owner: Alexander Legal Description: Lots 1 and 2, Orchard Park - Approximate area of acquisition: 0.92 acres - Gross area incl. wetlands: <».j acres contiguous 0.6 acres non-contiguous 6.9 acres total - Net dry before taking: 3.7 acres - Net dry area after taking: 2.8 acres± - Taking does not impact existing house setbacks or septic system. - Taking may impact unidentified potential alternate septic sites. - Taking splits lot into two parts: northerly 1.89 acres with house (all dry e.xcept for a drainageway at southeast end); and a southerly 3.5 acre parcel that is 0.9 acre dry, 2.6 acres wetland. Recommendation: 1 ) Vacate all right-of-ways which will no longer be needed. 2) Combine 1 .89 acre house remnant with the remaining non-contiguous pieces and vacated right-of-ways and with Towle s 1.7 acre remnant. The result is a 6-acre lot with the house. Provide access to the house from Co. Rd. 6. The other alternative is to eliminate the house and use this area surrounded by highways and railroads for stormwater management... 3) Combine southerly 3.5 acre remnant with undeveloped neighboring property to the south, and provide it access to Co. Rd. 6 1 0 I OM^ .rxn> iruiu r• I • I ■ riI' ‘1 1|ili 111 CT 6 ,t€^ V I B .*»'• • 1 4 / \ o o /«.* S'isn < O o o Ooo *r o • X % am r ito 11 n rt III M■I llliMII ■ m iivfiif ■ i(»nn f I i4 Ijliyih If I I W H I I • II 0:>" oo o o o ® ------o REQUEST FOR COUNCIL ACTION AUG 1 0 1998 cnrv cr orcno DATE: August 7,1998 ITEM NO: /3 Department Approval:Administrator Reviewed:Agenda Section: Name Lin Vee Licenses Title City Clerk Item Description: List of Licenses for Council Approval There are no licenses. 7 Aug 199S Fri 9:43 AM Check Register City of Orono Check Number Date Name Check Number 56895 56895 ADB CONSTRUCTION COMPANY 03-Aug-98 ADB CONSTRUCTION COMPANY Tc-als Check Number 56895 ADB CONSTRUCTION COMPANY Check Number 56896 AIRTOUCH CELLULAR/BELLEVUE 56896 56896 56896 03-Aug-98 03- Aug-98 04- Mar-98 AIRTOUCH CELLULAR/BELLEVUE AIRTOUCH CELLULAR/BELLEVUE AIRTOUCH CELLULAR/BELLEVUE Totals Check Number 56896 AIRTOUCH CELLULAR/BELLEVUE Check Number 56897 AMERICAN MEDICAL SECURITY 56897 05-Feb-98 AMERICAN MEDICAL SECURITY Totals Check Number 56897 AMERICAN MEDICAL SECURITY Check Number 56898 ASPLUNDH COFFEE 56898 03-Aug-98 ASPLUNDH COFFEE Totals ChccA Number 56898 ASPLUNDH COFFEE Check Number 56099 AT & T CONSUMER PRODUCTS DIV 56899 05-Feb-98 AT 4i T CONSUMER PRODUCTS DIV Totals Check Number 56899 AT & T CONSUMER PRODUCTS DIV Check Number 56900 AT&T - KC 56900 03-Aug-98 AT&T - KC Totals Check Number 56900 AT&T - KC Check Number 56901 AUGIES MOBILE CHEF 56901 03-Aug-98 AUGIES MOBILE CHEF Totals Check Number 56901 AUGIES MOBILE CHEF Check Number 56902 BEACK. SCOTT 56902 03-Aug-98 BEACK, SCOTT Totals Check Number 56902 BEACK, SCOTT Check Number 56903 BENEFITS DESIGN GROUP 56903 03-Aug-98 BENEFITS DESIGN GROUP Totals Check Number 56903 BENEFITS DESIGN GROUP 'L Transaction Amount 300.00 300.00 37.41 37.40 595.95 670.76 677.70 677.70 127.00 127.00 19.55 19.55 20.76 20.76 53.04 53.04 240.00 240.00 1,395.99 1,395.99 /y Page 1 Comments BOLLARDS/HTR TOWER OTILITY-ON CALL PHONE OTILITY-ON CALL PHONE CELL PHONES FEBRUARY DENTAL COFFEE 1ST QUARTER PAYMENT long distance 7/98 HOT DOGS/HAMBURGERS golf balls AUGUST ADM CHARGE 7 ! 7 Aug 1938 Frl 9:43 AM Check Register City of Orono Check Nunber Check Number Date Name 56903 BENEFITS DESIGN GROOP Check Number 56905 CITY OP WAYZATA 56905 03-Aug-90 CITY OF WAYZATA Totals Check Number 56905 CITY OF WAYZATA Check Number 56906 CONSTRUCTION MARKET DATA GRP 56906 56906 O3-Aug-90 03-Aug-98 CONSTRUCTION MARKET DATA GRP CONSTRUCTION MARKET DATA GRP Totals Check Number 56906 CONSTRUCTION MARKET DATA GRP Check Number 56907 CROWN MARKING INC. 56907 03-Aug-96 CROWN MARKING INC. Totals Check Number 56907 CROWN MARKING INC. Check Number 56908 E-z recycling 56908 03-Aug-98 E-Z RECYCLING Totals Check Number 56900 E-Z RECYCLING Check Number 56909 FISCHENICH, DAN 56909 03-Aug-98 FISCHENICH. DAN Totals Check Number 56909 FISCHENICH# DAN Check Number 56910 FRONTIER COMMUNICATIONS 56910 03-Aug-98 FRONTIER COMMUNICATIONS Totals Check Number 56910 FRONTIER COMMUNICATIONS Transaction Amount 2,047.50 2,047.50 217.50 197.20 414.70 22.24 22.24 5,583.48 5,583.48 Page 2 Comments Check Number 56904 CHUNKS LAXESKORE AUTO 56904 03-Aug-98 CHUNKS LAKESHORE AUTO 32.03 REPLACE HEADLGHT-BULB 56904 03-Aug-98 CHUNKS LAKESHORE AUTO 67.96 RADIATOR, GUN LOCKS 56904 03-Aug-98 CHUNKS LAKESHORE AUTO 211.46 TIE ROD, OIL, ALIGN 56904 O3-Aug-90 CHUNKS LAKESHORE AUTO 29.89 CHECK GUN LOCKS 569C4 O3-Aug-90 CHUNKS LAKESHORE AUTO 32.21 OIL CHANGE 56904 03-Aug-98 CHUNKS LAKESHORE AUTO 32.21 OIL CHANGE 56904 03-Aug-96 CHUNKS LAKESHORE AUTO 62.11 OIL, RADIATOR 56904 03-Aug-90 CHUNKS LAKESHORE AUTO 86.01 OIL, RADIATOR 56904 03-Aug-98 CHUNKS LAKESHORE AUTO 13.50 TIRE REPAIR 56904 03-Aug-96 CHUNKS LAKESHORE AUTO 526.87 OIL, HEADLGHT, TIRES 56904 03-Aug-96 CHUNKS LAKESHORE AUTO 41.65 CLEAN CABLES 56904 03-Aug-98 CHUNKS LAKESHORE AUTO 29.89 • CHECK GUN LOCK Totals Check Number 56904 CHUNKS LAKESHORE AUTO 1,166.01 SECURITY AD FOR BIDS-NVR WTR TWR AD FOR BIDS DESK SIGN RECYCLING 7/98 69.00 89.00 BICYCLE PANTS 31.62 31.62 MNTHLY VOICE MAIL 7 Aug 1998 Fri 9:43 AM Check Nusiber Check Kuniber Check Number 56911 56911 56911 56911 56911 *56911 56911 Check Register City of Orono Page 3 Date Name 56910 FRONTIER COMMUNICATIONS 56911 G 6 K SERVICES 03-Aug-98 03-Aug-98 03-Aug-98 03-i4ag-98 03-Aug-98 03-Aug-98 03-Aug-98 G 6 K SERVICES Q k K SERVICES G k K SERVICES G & R SERVICES G fc K SERVICES G fc K SERVICES G fc K SERVICES Totals Check Number 56911 G 2i K SERVICES Check Number 56912 GENUINE PARTS CO. 56912 03-Aug-98 GENUINE PARTS CO. Total# Check Number 56912 GENUINE PARTS CO. Cheek Number 56913 GERRING'S CAR WASH 56913 03-Aug-98 GFOPTW'I'S CAR WASH Total# Check Number 56913 GERRING'S CAR WASH Check Number 56914 HASEMAN, CAROLE 56914 03-Aug-98 HASEMAN« CAROLE Total# Check Number 56914 HASENAN, CAROLE Check Number 56915 HENNEPIN COUNTY SHERIFF 56915 03-Aug-98 HENNEPIN COUNTY SHERIFF Total# Check Number 56915 HENNEPIN COUirTY SHERIFF Check Number 56916 HUMANE SOCIETY OF WRIGHT CO 56916 03-Aug-98 HUMANE SOCIETY OF WRIGHT CO Total# Check Number 56916 HUMANE SOCIETY OF WRIGHT CO Check Number 56917 LAKE MANAGEMNT INC. 56917 03-Aug-98 LAKE MANAGEMNT INC. Total# Check Number 56917 lake managemnt inc. Check Number 56918 MARK ERICKSON 56S18 03-Aug-98 MARK ERICKSON Total# Check Number 56918 MARK ERICKSON Transaction Amount 36.19 36.19 14.00 14.00 98.51 98.51 371.85 371.85 42.50 42.50 398.00 398.00 835.70 835.70 Comments 5.93 OMIFORM-STEPFHAGBN 86.44 RUGS • PUBLIC NORKS 42.01 RUGS • COUNCIL CHAMBERS 42.01 RUGS - ADMINISTRATION 62.55 UNIFORMS 12.15 DNIFORM-RATHBUN 55.11 RUGS • PD 306.20 MISC PARTS CAR WASHES RM TAX« PARKING, MEALS BOOKING FEES 6/98 2ND QTR CHARGES WEED CONTROL-POND EQUIP CHANGE OUT 7 Aug 1998 Check Regiscer Fri 9:43 AM City Of Orono Check Nurnber Date Name 56918 MARK ERICKSON 56919 MET COUNCIL ENVIRONMENTAL SER 03-Aug-98 MET COUNCIL ENVIRONMENTAL SER Total* Check Number 56919 MET COUNCIL ENVIRONMENTAL SER Check Number 56920 MIDWEST COCA COLA BOTTLING CO 56920 03-Aug-98 MIDWEST COCA COLA BOTTLING CO Totals Check Number 56920 MIDWEST COCA COLA BOTTLING CO Check Numb^T 56921 MINNEGASCO Page 4 Check Number Check Number 56919 56921 56921 56921 08-Jul-98 08-Jul-98 08-JU1-98 MINNEGASCO MINNEGASCO MINNEGASCO Totals Check Number 56921 MINNEGASCO Check Number 56922 MN BENEFIT ASSOCIATION Transaction Amount Comments 57.51 57.51 ARIAL PHOTOGRAHS 403.50 403.50 SOFT DRINKS 10.95 109.90 133.10 253.95 JUNE GAS SERVICE JUNE GAS SERVICE JUNE GAS SERVICE 56922 03-Aug-98 MN BENEFIT ASSOCIATION 74.32 INSURANCE-BORIS Totals Check Number 56922 MN BENEFIT ASSOCIATION 74.32 Check Number 56923 • ‘TTONAL RIFLE ASSOC. 56923 03-Aug-98 NATIONAL RIFLE ASSOC.35.00 ANNUAL MEMBERSHIP Totals Check Number 56923 NATIONAL RIFLE ASSOC.35.00 Check Number 56924 OLD DUTCH FOODS INC. 56924 03-Aug-98 OLD DUTCH FOODS INC.11.SS CHIPS 56924 03-Aug-r8 OLD DUTCH FOODS INC.23.33 CHIPS Totals Check Number 56924 OLD DUTCH FOODS INC.33.88 Check Number 56925 PIONEER 56925 03-Aug-98 PIONEER 654.29 ANN SUM FINANCIAL RPT 56925 03-Aug-98 PIONEER 23.37 JOINT DOCK APPLICATION 56925 O3-Aug-90 PIONEER 123.30 PROPOSED ASSESSMENT 56925 03-Aug-98 PIONEER 25.17 APPL 82388 36925 O3-Aug-90 PIONEER 21.57 ZONING CODE REVISIONS 56925 03-Aug-98 PIONEER 77.29 LAND USB APPLICATIONS Totals Check Number 56925 PIONEER 924.99 Check Number 56926 POSTMASTER 56926 03-Aug-98 POSTMASTER 900.00 POSTAGE 7 Aug 1998 Frl 9:43 AM Check Register City of Orono Check Nurj:er Date Nstne Check Nurj:;r 56926 POSTMASTER Totals Check Number 56926 POSTMASTER Check Number 56927 REED VENDING 56927 03-Aug-90 REED VENDING Totals Check Number 56927 REED VENDING Check Number 56920 STREICHERS 56928 56928 56928 56928 O3-Aug-90 O3-Aug-90 O3-Aug-90 O3-Aug-90 STREICHERS STREICHERS STREICHERS STREICHERS Totals Check Number 56928 STREICHERS Check Number 56929 VAIJ METER k ASSOCIATES INC 56929 03-Aug-90 VAN METER k ASSOCIATES INC Totals Check Humber 56929 VAN METER A ASSOCIATES INC Check Number S6930 VEE, LIN 56930 O3-Aug-90 VEE, LIN Totals Check Number 56930 VEE, LIN Grand Total Transaction Amount 900.00 69.70 69.70 73.74 37.09 16.93 63.86 191.62 495.00 495.00 65.24 65.24 Check Number 56931 WRIGHT HENNEPIN ELECTRIC 56931 56931 03-Aug-98 O3-Aug-90 WRIGHT HENNEPIN WRIGHT HENNEPIN ELECTRIC ELECTRIC 9.00 18.35 Totals Check Humber 56931 WRIGHT HENNEPIN ELECTRIC 2T.35 18,494.36 Page 5 Comments CANTY/ROLLS BOOTS. T-SHIRT-BIia CUFFS k HOLDER WINDOW PUNCH, BATTRIES KEY-GUN LOCK PROCEEDURBS MANUAL MILEAGE REIMBURSBiaNT ELEC SERVICE ELEC SERVICE-LIFT STATION 29 Jul 1998 Wed 8:49 AM Check Number Employee Name Check Number 044700 044700 JOHNSON, MAHY ANN Totals Check Number 044700 Check Register City of Orono Page 1 Check Number 044701 044701 GEMAR« JAMIE L. Totals Check Number 044701 Check Number 044702 (•44702 HASEMAN. CAROLE A. Totals Check Number 044702 Check Number 044703 044703 MOORSB, RONALD J. Totals Check Number 044703 Check Number 044704 044704 VEE, LINDA S. Totals Check Number 044704 Check Number 044705 04^705 KUEHN, THOMAS M. Totals Check Number 044705 Check Number 044706 044706 OLSON, RONALD J. Totals Check Number 044706 Check Number 044707 0447C7 PETTIT, SANDRA K. Totals Check Number 044707 Check Number 044700 044700 ANDERSON, BRUCE L. Totals Check Number 044700 Check Date 29-Jul-90 29-JU1-90 29-JU1-90 29-Jul-90 29-Jul-90 29-Jul-90 29-J’»l-90 29-Jul-90 29-Jul-90 Check Amount 562.67 562.67 638.53 638.b3 650.30 650.30 1,552.66 1,552.66 1,030.99 1,030.99 1,059.77 1,059.77 92.74 92.74 669.09 669.09 370.02 370.82 29 Jul 1998 Wed 8:49 AH Check N’umber Employee Name :heck :hirnber 044709 044709 BOBZIEN, SUE A. Totals Check Number 044709 Check Number 044710 044710 BORIS, SCOTT W. Totals Check Number 044710 Check Number 044711 044711 CARLSON, MICHAEL B. Totals Check Number 044711 Check Number 044712 044712 CHBSWICK, GARY B. Totals Check Number 044712 Check Number 044713 044713 CORNICE, JAMES L. Totals Check Number 044713 Check Number 044714 044714 DEMBOUSKI, JAY C. Totals Check Number 044714 Check Number 0447IS 044715 ERICKSON, KURT R Totals Check Number 044715 Check Number 044716 044716 PARNIOK, CORRLY L. Totals Check Number 044716 Check Number 044717 044717 FISCHENICH, DAN T. Totals Check Number 044717 Check Number 044718 Check Register City of Orono Check Date 29-JU1-98 29-Jul-98 29-JU1-98 29-Jul-98 29-JU1-98 29-Jul- 98 29-Jul-98 29-Jul-98 29-Jul-98 Page 2 Check Amount 736.45 736.45 1,071.74 1,071.74 153.67 153.67 1,618.94 1,618.94 1,486.37 1,486.37 1,673.33 1,673.33 1,350.29 1,350.29 1,210.67 1,210.67 1,208.67 1,208.67 29 Jul 1998 Wed 8:49 AM Check Number Employee Name Check Register City of Orono CherV Date Page 3 Check Amount i Check Number 044718 044718 FISCHER, CHRISTOPHER K. Totals Check Number 044718 Check Number 044719 044719 HANSING, CAROL J. Totals Check Number 044719 Check Number 044720 044720 JOHNSON, BRADLEY P. Totals Check Number 044720 Check Numocr 044721 044721 KNOLLENBBRG, KRISTIN L. Totals Check Number 044721 Check Number 044722 044722 MCNALLY, STEVEN A. Totals Check Number 044722 Check Number 044723 044723 MCNICHOLS, DAVID L. Totals Check Number 044723 Check Number 044724 0%4724 MOROWC2YNSKI. JAMES Totals Check Number 044724 Check Number 044725 044725 PSRSELL, WILLIAM R. Totals Check Number 044725 Check Number 044726 044726 SCHOENHOFP, JOHN B. Totals Check Number 044726 29-Jul-98 29-JU1-98 29-Jul-98 29-JU1-98 29-Jul-98 29-JU1-98 29-JU1-98 29-JU1-9B 29-JU1-9S 871.98 871.98 574.68 574.68 1,400.75 1,400.75 787.42 787.42 1,011.59 1,011.59 849.44 849.44 1,776.06 1,776.06 332.30 332.30 1,212.81 1,212.81 Check Number 044727 REQUEST FOR COUNCIL ACTION Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: DATE: August 10,1998 ITEM NO: / 5 Agenda Section: City Administrator’s Report Item Description: Waiver of Planning Commission Review of Conditional Use Permit for Installation of Civil Defense Sirens The council has authorized the installation of two civil defense sirens to provide improved emergency warning regarding potentially damaging storms. In response to Council questions regarLg the proposed siting for the two sirens, staff has reviewed the suing ot the suens and has changed the location of the sirens to the northeast comer of Bederwood Park on Stubbs Bay Road and the southeast comer of French Creek Preserve near the Metro sewer lift station. The City Code requires a conditional use permit for public service structures. To excite the timing of the installation of the sirens, staff requests the Council waive review of the CUP by the Planning Commission and hold the public hearing at the August 24 Council meeting. As staff prepared for the installation of the two sirens, property owners in the vicimty of the proposedLn locations were notified of the City's plans. The City has not received any response to that notification. COUNCIL ACTION REQUESTED: Motion to waive the Planning Commission review of the conditional use ^™itfor the of two civil defense sirens, and to schedule the public hearing on the CUP for 7:00 p.m. on Monday. August 24. August 5, 1998 Dear Resident: The City of Orono is pleased to inform you that a new emergency warning siren is being installed soon in the area of Bederwood Park. It is expected the siren construction will be completed within 4-6 weeks. This siren would be activated prior to a severe storm approaching the area. I To assure that this warning device is in continued operating condition, the siiens are tested at 1:00 pm on the first Wednesday of each month. If you have any questions, you may^e at 473-7710. Sincerely, Gary Cheswick Chief of Police GC:sb REQUEST FOR COUNCIL ACTION DATE; August 10,1998 ITEM NO: / [0 Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed:Agenda Section: City Administrator ’s Report Item Description: Resolution Regarding Highway 12 NoiseA^ibration Study Through a recent polling of the Council, staff obtained approval of a resolution authorizing a consulting engineering agreement with HDR Engineering, Inc. to conduct a noise and vibration study for the Highway 12 corridor project. Staff now requests the Council to confirm its approval of the resolution for the official City records. COUNCIL ACTION REQUESTED: Motion to adopt a resolution authorizing a consulting engineering agreement with HDR Engineering, Inc. to conduct a noise and vibration study for the Highway 12 corridor project. A RESOLUTION AUTHORIZING CONSULTING ENGINEERING AGREEMENT WITH HDR ENGINEERING, INC. TO CONDUCT A NOISE AND VIBRATION STUDY FOR THE HIGHWAY 12 CORRIDOR PROJECT WHEREAS, proposals have been requested from consulting firms for conducting a noise and vibration study for the Highway 12 corridor ; and WHEREAS, HDR Engineering, Inc. has submitted a proposal for a noise and vibration study; and WHEREAS, the proposal has been reviewed by the City of Orono, the City of Long Lake, and Mn/DOT engineering staff; and WHEREAS, HDR Engineering, Inc. appears to be qualified to perform the services mentioned above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono that it hereby authorizes the Mayor and City Administrator to enter into an agreement with HDR Engineering, Inc. to conduct a noise and vibration study for the Highway 12 corridor project. Adopted by the City Council of the City of Orono, Miimesota at a regular meeting held this 10th day of August, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Page 1 of 1 • fil --— •• • AUG 1 0 1998 U.T Y or cRO^iO 1 B^ORMATION ITEMS COUNCIL MEETING AUG 1 0 1998 CnY CF ORONO OF r^.v ;»• 4* • V ''^~ -* ^* -'*1 •*'>'* V' » I *‘«J-' '^T ‘f- ^V:;^ O vJUi % W./iL. l«\v* AUG 1 0 1998 CITY Cr ORONO You’re invited to the Dedication and Open House at Hennepin County’s new Public Works Facility 1600 Prairie Drive Medina, MN 55340 Friday, August 14,1998 Dedication 10:30 a.m. Open House 10 a.m. — 1 p*m. ThU new building makes than perhaps any new budding in the staie. f facility in Hopkins. iaiaiU .. see exciting demonstrations of Hennepin's CIS operation and bow the county “changes oil and stores salt. Penny Steele, Chair Randy Johnson, Chair Hennepin County Hennepin County Board fuhlic Service Committee of Commbsioners \ Hennepin County ____________________________A An Equal OpportiautylHiptorgf AUG 1 0 1998 TO: FROM: Jerry D. Smrcka, Traffic Operations Engine SUBJECT: CSAH 15 Reconstruction in Orono August 5,1998 . i(/\W he ^ Uof \) ctar\A^ ^\dO~l'dd On Monday, August 10,1998 construction activity will resume on CSAI^IS (N. Shoreline Dr.) between Orono Orchard Rd. and E. Hillside Dr. Traffic will be maintained through the construction area, but motorists will experience oc delays. Work on this project will continue through 1998 and be completed in the spring of 1999. Hennepin Countv Board of Commissioners County Administrator Dept of Public Works - V.T. Genzlinger Transportation Division Staff Sheriffs Dept. Sheriffs Radio Tower Library Director - Charles Brown G.S.I.S. - Stephanie McNamara Minnesota Dept, of Transportation Metro District Engr. - C. Siggerud Div. Traffic Engr. - C. Hudrlik Traffic Management Center - Operations Road Information & Permit Office Minnesota Highway Patrol East Miimesota Highway Patrol West Municipalities: City of Orono, Wayzata, Minnetonka, Spring Park, Mound and Long Lake Manager, Dir. of Public Works Fire Chief, Police Chief School Districts-276,277,278. 284 Superintendent Transportation Director Emereenev Service Methodist Hospital - Emergency Hennepin County Medical Center No. Memorial Med Ctr - Emergency Waconia Ridgeview Hospital - Ambulance Service Health Span Transportation Medic Control Minnesota Truck Center Media Star Tribune, Editor Sun Publications, Editor The Pioneer, Editor Radio Station WCCO Metropolitan Traffic Control American Automobile Association Ken Mohr, Domestic Travel Transit MCTO Operating Division Dick Loefler, Mgr., St. Ops. Trans porta tloa Department 1600 Frame Drive Medina, MN 53340-5421 (612)745-7500 FAX (612) 478-4000 TDD; (612) 852-6760 Rtcyeltd Paptr Frcrrr Cynthia Kriag Cofnmunlcaiicn* To oaoriai Jaboour Data 6'5/f9 Tima 12 32 50 AM Pasa 3 of 3 COUNCIL MINNEHAHA CREEK WATERSHED DISTRICT Managers fo iMcrfc* a Jim Calkins. Minnetonka, and Lance Fisher. Mctoria. were .ippointed to he NICWTD in \Iarch of 1998. Calkins brings to the bo.ird his professional e.xperience in hoiti:ulture and native ecosystems. He is a Research .Associate with the L’niveisity of Minnesota Nurseiy Program. He also ssrv'es on the City of Minnetonka s Park Board and the Blue Water Commission (which studied Lakes Xokomis and Hiawatha and developed rccommcndatioas for improvements). He hopes to strengthen working relationships between the District and member cities. "The demands on our water resources require us to find increasingly efifecth'e ways to work together/* said (''alkins. Calkins w ould support a comprehensive sun ey of the watershed for use in planning. “On the Blue Water Commission I became e\en more aware of the interdependence of the lakes and creek.” he said. “It pointed to a need for more data on the watershed as a whole.” •V*yiUG a 0 1998 PAGE 2 ng agencies ip<f|s}t\tng^tp'fo^owing: MCWTD. Freshwater Foundation. City Tree Project. Minnesota Landscape .Aiboretum. Birdsc.iplng. DNR—Project WET. Girls Scouts. Hennepin Conservation District, and Minnesota Canoe. It took an entire wall to show water-related research and projects dc^ eloped by the students of Minnewashta Elementary’ School. "The kids really knew their stuff and did a great job of presenting it," said Marleane Callaghan, MOW'D Education Coordinator. Children who came to learn also had fiin. One woman, according to Callaghan, had to drag her grandchildren out of the fcstrt al where they especially enjoyed the aquatic animals display. ”.\t home." said Callaghan, "the kids spent hours looking at the little critters they found in ne.irty pond water.” Callaghan said the pailncts hope to pul on the second aimual Clean Water Festival ne.\t year. Lance Fisher is an entrepreneur and electrical engineer. Currently he is a Senior Design Engineer with Cyber- optics Corporation in Golden Valley. Fisher hopes to apply his scientific background to water planning and management. "My tendency will be to review studies and projects in detail," said Fisher. Fisher ’s avocation is the environment. .\n eleven-year shoreline resident of Victoria's .Schuiz Lake, Fisher has a heightened awareness of water issues. "I understand people who arc concerned about water quality, ” he said. “Like me. they base invested a great deal in their homes— not just financially, but emotionally as well.” Rulm B R0iomm0ntlatipns Und^r R^vUw The .Stormwater Task Force has completed its recommendations on Rule B amendments and submitted them to MOW'D. Task Force members included staff and elected officials from cities within the watershed as well as MOW’D managers, staff and staff consultants. .Also participating were developers, state agencies, engineering firms, cns'iromtiental organizations and metropolitan agencies. Cloan Wafof Festival Sets Standard The first-iime-e\ er MOW’D water festival, held Saturday. May 16. 1998, was gis en high marks for organization and effectiveness. Displays were presented by many Since then, the District has begun efforts to circulate the recommendations to constituent groups for comment in a manner consistent with all rule revisions. The Board of W’ater and Soil Resources will be asked to comment as will cities, counties, towns, environmental groups, developer groups and others. Two public information meetings to describe the proposed changes will be held. Both will begin at 6:30 p.m.. one on August 13 at St. Louis Park City Hall, the other on August 20 at the MOW'D offices. .\ public hearing will be held 6:30 p.m. August 27ih at Minnetonka City Hall.______________ MinDebaha Greek Waterskeil District 37 Oiay Fie^hvv^tci Ccatci. 23^^ Shavl'jwvvwnl Road, E.\wchioi. Nlinnciota 3o331-9o78 Phone* 612-4 71-059U Fa.v 612 471-0692 Dnail* aiimin^inumehiiluofeek ^V'eb Siite- vrvirx nunnehaliaoreek Momca Oto?\ Trcjwurcr BedrJof Mandigerji PanieU G BIlvi, Preiidcni Malcolm RciJ. Vice PrciideiU Lance Fiihcr. Secretary Jarnc5 Cal Km? Thoma? w LaBoumy Thoma? Maple. Jt. MiBmekaha Creek Watershed DistrUU tmerowimg Qmalitf el Water, Omalitr of From Cy*t"*:a Kr'oj Communications To Caunai Jatsour Oa'» S/5'ee Tlm« 12 32 50 AM Paaa 2 of 3 MINNEHAHA CAHIC WATERSHED DISTRICT VOLUME 3, NO. 2 AUGUST 1 998 m • * MIW STRttCTUKl TO MtlT HtW DIMANDS MOW’D has a long history of change. In our earliest days, managers themselves were responsible for the District’s day*to*day activities. Ours svas a working board, like many boards, are in the young and growing years. During our "young adult ’* years we hired consultants to help us with increasingly technical work. In recent years we’ve evolved into what, might be called "middle age.” The volume and comple.xity of MCWT) projeets requires us to engage professional staff to ensure a consistent, and concentrated focus on our projects. The role of managers is now moving toward policy setting and the oversight of staff. This shift in focas has been encouraged by staff and elected officials by the cities, counties and state agencies with whom we work. In May. as pan of this shift, we established liaisons between tlie MCWD Board of Managers and our member cities and townships. Each manager will regularly contact their assigned cities to share relevant infonnation and plans. MCWD staff will continue to work directly with the city’s staff. We are confident this will improve communication and enhance policy*level contacts. Managers have also revised an earlier MCWT) committee structure. WTiere several internally-oriented, project focused committees functioned, we now have two standing committees of the whole. The .\dministrative Committee will handle maters of finance, personnel and communications. *1116 Program Committee will address rules, complaints, violations and the watershed management plan .Managers also accepted liaison assignments to a number of other organizations including citizen groups, agencies, joint powers organizations, study and monitoring groups, as well as the Minnesota .Association of V'atershcd Districts and the .Metropolitan Council Land Use Advisors Committee. W’e e.xpect that these decisions will help us work more effectively with ow many partners to better manage our water resources. If you Itave any suggestions or questions, or if you’d like to know which manager is liaison to a particular city or oi-ganization. please call the MCWD at 471-0590. Pamela Bli.\t. President lok0 Tr0at0d tP Improv0 lVof#r Clarity In mid-.\pril LangJon Lake. Mound, was treated with aluminum sulfate, or alum. The treatment is applied by a slow-mo\ ing boat while crisscrossing the lake .Alum must be applied on still days. Was c action from boats or the wind can make the application uneven and ineffectisc Alum absorbs dissolved phosphorus and gr.iduallv sinks to the bottom. There, .slum continues to absorb pollutants piesenting them from remi.xing and being asailable to nourish algae .AJum is proven to be effective in treating water as well as safe for people and wildlife. Remos ing phosphoius from the water not only impros es the clarity of Langdon Lake. It also prevents degradation of water quality in Cook’s Bay immediately downstream. Langdon Lake was selected for treatment because it displayed the worst water quality of all the lakes in the District. Unfortunately, the lake receiv ed municipal discharge for many years. Recreation.ll uset^ h.ne been discouraged bv the alsae blooms, poor clarity and foul odors caused by the excess nutrients. MCWD has been pleased with the improvement alreadv shown in Langdon Lake's water claritv. Mimmekaka Creek WaierskeJ DistrUtt Imfrowimg QmalSiy el Water, OmaKtf el iHe COUNCIL M'££T.:.:. Mayor and City Council Ron Moorse, City Administrator August 7,1998 Summary of Wednesday, August 5 Highway 12 Design Review Committee Meefmg AUG 1 0 1998 CITY c-' : Patti Loken of Mn/DOT indicated she plans to have the preliminary layout completed for oresenmtion to the cities at a joint meeting in early September. At this meeting the cities wouW S the layout and indicate to MnTOOT any issues that needed to be resolved pnor to city approval. Once the ciUes receive the preliminary layout, there is a 90 day review period prior to the S iSg fo receive coirZts regarding the layout. Patti Loken suggeced that it may be wssible for the cities to take some action to shorten the 90 day review period to *e pubte S » be held on a faster timeline. Once the public hearing is held, the cities have 90 days to approve or disapprove the preliminary layout. token reviewed Mn®OTs plan for a temporary crossing of the corridor during LoKen reviewcu d.„ n^ad bridees Mn/DOTs preference is that the temporary the decision is 90% made to use the at-grade crossing at Watertown Road, information. Nancv Yoo of Mn/DOT Water Resources provided an overview regarding the stomwater draina^ nlan for the corridor She indicated the plan continues to include a linear pond on the southern ^rUon of the WSI property. The plan also includes a pond south of the railroad tracks and we Willow Drive. Patti Loken reviewed options for a pedestrian access over the corridor from the Fleming Tra‘ Addition to the Wolf property. The list item on the agenda was a general review of the entire layout with an opportmity for the 2des“o express any coLms or identify any issues. Unfonunately, the representatives from the ci^ oSg lL were not present for this portion of the meeting. The city of Orono representatives Summary of Wednesday, August 5 Highway 12 Design Review Committee Meeting August 7,1998 Page 2_________________________________—-------------------------------------------- not raise any issues that had not been raised earlier in the meeting. The city of Wayzata indicated they had some concerns regarding noise at the east interchange. Tom O'Keefe indicated the city of Long Lake has issues to be resolved regarding the mitigation of ipacts to Holbrook Park, and mitigation of impacts on properties within 400' of the comdor. July 30,1998 couMCit To: Orono Park Commission a.,/^ io. A AUG 1 0 From: Greg Gappa )jj Qf Subject: Ice Rink Maintenance Study Introt iiction There has been concern about the ice quality and low usage of the City's ice skating rinks. The City ’ cuiT^gntly maintains two outdoor skating rinks at Casco Point Road and at Hackberry Park. Both rinks are unsupervised with no warming house or lights. They are small rinks with no hockey rink boards. Both rinks are too small for hockey, and there is concern about the safety of encouraging hockey play on unsupervised rinks. Historically, Orono’s maintenance of City parks has been low key arid not a high priority. We have received very few citizen complaints or requests for incre^ed park maintenance or facilities. In the past two years, I have only received a couple of citizen complaints about ice rinks. Orono public works does not have a specific Park Maintenance Department. Park maintenance is handled by available personnel, together with other responsibilities such as strtet and utility system maintenance. Ice rink maintenance is done as time permits. Snow removal from streets is the first priority and ice rink snow removal is completed after street plowing is completed. Rink flooding is completed every several days dependent on weather conditions. Flooding is completed using hoses connected to either a fire hydrant or park well. The City does not have equipment available for scraping the rinks to remove rough spots before flooding. Years ago, the City h-'id an ice rink scraper, but it finally rusted out. Orono Public works staff spends an average of two man-hours cMy on ice rink maintenance. From our discussions with several area rink operators this amount of time is minimal. High quality ice rinks require more maintenance time than we are currently spending. The City previously had two other rinks, one at Antoine Park and another rink at Bederwood Park. The Rink at Antoine Park was discontinued several years ago because of ice quality problems ca^d by gas bubbles from decomposition of the organic fill materials in the park. This rink received limited use because of the poor ice quality. The neighborhood residents were contacted before the rink was closed, and there was minimal neighborhood interest in keeping the rink open. The rink at Bederwood Park was closed in 1997 because of ice quality problems from an inadequate water supply for rink flooding. Access to the rink was difficult because of the long distance it was located from the parking lot There were also safety concerns because of the remote location of Ae rink and proximity to the Luce Line Trail. Snowmobiles are allowed on this portion of the Luce Line Trail and there was concern about having children close to the tail with high sp d snowmobile traffic. This rink received very limited use. We have not received any complaints about the closing .* this rink. There are only several homes close to Bederwood Park. The rink at Casco Point is the most heavily used of our two rinks. The main reason for the heavier use of this rink is the denser development in this area. City water is available in this area providing an adequate water supply for rink flooding. The ice quality at this rink appears to be adequate. The Hackberry Park rink receives less use than the Casco Point Rink. There are numerous homes within walking distance of this rink. The ice quality at this rink is not a good as Casco Point. There is no Cit>' water available, so the water supply is limited for rink flooding. It takes longer to flood this rink and in very cold weather the water freezes before the entire rink is flooded. This causes ripples in the ice. The suggestion of closing this rink was made last winter. I did receive several phone calls from neighboring residents requesting that the rink remain open. They were not totally satisfied with the ice quality, but did say that the rink was used by neighborhood residents. Members of the Park commission and City staff have been investigating options for ice rinks over the past several months. WoodhillCountryClub, and the Cities of Wayzata, and Tonka Bay were contacted to obtain more information on their ice rink facilities and maintenance procedures. Woodhill Country Club Two Park Commission members and City staff met with the ground's maintenance superintendent. Woodhill has a hockey rink and open skating rink located on a pond. There is an unsupervised warming house and lights on the rink. Since this is a private club the unsupervised warming house works fine. The possibility of the City having a warming house was discussed, but supervision would be required because of public use of the facility. The ice quality on these rinks is very good. Eight man-hours of labor are spent on rink maintenance on a daily basis. Three employees spend several hours dfiily scraping the ice and flooding the rink. Personnel are available for snow removal on the rink immediately after a snow storm. Personnel are also available on weekends for ice rink maintenance if necessary. Rink at the Orono Golf Course Pond The possibility of having an ice rink on the pond at the Orono Golf Course was discussed. Woodhill's rink is on a pond, this results in difficulties in establishing ice early in the season. To obtain ice as soon as possible, snow blowing and hand shoveling of the rink is completed before ice thick enough to support equipment is obtained. To get good quality thick ice snows must be removed to allow better freezing of the pond. Winters with heavy, early snow falls are problematic. The ground’s superintendent said that establishing good ice on a pond early in the season can be difficult and is very labor intensive. H.^ving a rink on a pond can result in a short skating season. Based on the comments receivea *he Woodhill grounds maintenance superintendent, I do not believe an ice rink on the pond at the Orono golf course is practical or feasible. The City does not have the maintenance personnel available for snow blowing and hand shoveling of a an ice rink. Also, there is always the possibility of equipment damage from maintenance equipment falling through the ice. City of Wayzata Several P; -'< Commission members and City Staff members met with the City of Wayata to discuss fee ri^ ihe City of Wayzata maintains two ice rinks. They have a hockey nnk at KJappnch park on West Wayzata Boulevard, and a smaller open skating rink located m the nei^borhood north of Highway \2. The neighborhood rink does not have a warmmg house or any lights and is a lower mittenLce rink. The main rink in Klapprich Park has lights and » supervised warming house, which is open weekdays from 4:00 until 9:00 p.m. and from Noon to 9:00 p.m. on weekends. The Klapprich Park rink is heavily used and has excellent ice quality. The City spends considerable time Md effort in maintaining this rink. City staff estimated that 10 man-hours of labor m spent every day taking cate of this rink. The rink is scraped and flooded every mght after closing, ms Allows for freezing of the ice overnight. Morning flooding can cause problems on warmer ^ys wten the Ice does not freeze solidly before the rink Is used. On weekends with heavy use, the nnk is scraped end flooded with a thin coat late in the afternoon. Wayzata h^ dedicated employes to e care'of ice rinks, snow removal is completed on rinks immediately after snow storms, In Otono the rinks are cleaned after the street plowing is completed. The City of Wayzata has eighteen employees in Public Works with separate departoents for Parks. Streets and Utilities. Orono has eight Public Works employees to cover a l^ger City with bigger sewer and water systems than Wayzata. We do not have the staff and financial resources to mam our City facilities to the same standards as Wayzata. City of Tonka Bay 1 coniac-ed the Public Works Director in Tonka Bay to discuss ice rink maintenmee. Tonka Bay maintains a hockey rink near their Public Works garage. A supervised warming ho^e is opra on evenings and weekends. The rink is flooded eveiy morning and is scraped as is average for an outdoor rink. An estimated 2-3 man-hours per day is spent t^ng care of the r^. L overtime “ours are spent on rink maintenance. The rink is plowed after s^et plowmg is coirnlrt-d A truck with a 1,000-gallon tank is used for flooding of the nnk. 1^^ nlawLnt of more even coats of ice on the rink. Sev ral thin coats are usually applied. On colder tosTe ice has time to freeze while the truck is refilU -. Mr. Kluver said that f ““ use a truck for flooding of the rinks after initial hydrant flooding is used to establish “*• Tf a flying ttuck is less labor intensive than hose flooding nnd only requ^es one person The l«el of rink maintenance provided by Tonka bay is more re^onable «« Orono^ ^ng levels, than rink maintenance provided by Woodhill Country Club and the City of Wayzata. Summary and Recommendations Comoletion of this study on ice rinks has been informative and much information w^ obtained which w-11 be useful for improving the quality of the ice at the Orono nnks. Use ®f 0™"® ®^ Tstt romped to the surrLding Cities and private clubs. The pnmary reason for toys *at no liohts or vvLiing house faciliues are available. Poor ice quality may be a secondary reason for low iLf the rinks. Providing wanning house facilities would entail supervision to address hability and vandalism concerns. Orono has historically only proved low key parks and recreation opportunities. The provision of supervised warming facilities for skating rinks would be a substantial change in City policy. TTie acceptance of lighted ice rinks by neighboring residents is also questionable. The other two Cities contacted are more densely populated than Orono. Our lower density development may not provide for enough use to justify the expense of lights and supervised warming houses. The ice quality on our rinks has been less than desirable in the past and could be improved. The City does have a sewer jet rodding truck with a 1,500-gallon tank that could be modified to use as a flooding truck for the rinks. This truck currently has a pump and spray bar on the front of the truck used for dust control during street sweeping. This bar could be relocated to the rear of the truck. According to other Cities, the use of a flooding truck does provide for better quality ice with less man power required. The City of Tonka Bay built their own ice scraper to pull behind a pickup truck. The Orono public works staff could build an ice scraper. This would allow for scraping of the rinks as time permits for better ice quality. My recoimnendation is that we continue to maintain the two rinks at Casco Point and Hackberry Park with improvements in our flooding and maintenance procedures. Without the installation of lights and warming house facilities, it is questionable if our rinks will ever be used heavily enough to justify the 8 to 10 man-hours required per day to maintain the high quality ice of ice found at Woodhill Country Club and Wayzata. With some fine tuning of our maintenance procedures, we could probably maintain average ice quality for outdoor rinks. With two neighborhood rinks in Orono, indoor ice arenas in both Mound and Orono, and a high quality outdoor rink in Wayzata; there should be enough facilities available for ice skating in the area. To: From: Date: Mayor & Council Mike Gaffron, Senior Planning Coordinator August 7,1998 Subject: O'Keefe Revised Plan - Public Comments Today Mr. O'Keefe dropped off a slightly revised site plan for his proposed home at 1392 Baldur Park Road. The new plan eliminates a garage stall and slightly reduces the driveway in order to allow the extra hardcover for a patio. A tuckunder garage-type storage space under the main garage is proposed, but will have no access driveway. The approval resolution noted that any changes to the approved plans that do not in staffs opinion meet the Council's intent for this site should be further reviewed. Staff feels that this revision does meet the City's intent, as long as hardcover numbers do not exceed the 5725 s.f. limit established in the resolution, but suggested that Mr. O'Keefe give you a brief overview at the Public Comments session, hence the new plan and old approved plan are attached for your reference. ^ '-’ff ’ ‘aN& ->- ii^ Ml V L------- -—s ^ [r— «> 0,0 > A± I / /I k 4 / ilgj r COUNCIL MINUTES AUGUST 24,1998 i » - * i/wv n'v'xv ORONO CITY COUNCIL MEETING AUGUST 24. 1998 ROLL CALL The Council met on the above mentioned date with the following members present: Mayor Gabriel Jabbour. Council Members J. Diann Goetten. Barbara Peterson. Charles Kelley. Council Mernber Richard Flint arrived at 7:02 p.m. Representing Staff were City Administrator Ron Moorse. City Attorney Tom Barrett. Planner/Zoning Administrator Elizabeth Van Zomeren. Director of Public Services Greg Gappa. City Engineer Tom Kellogg and Recorder Jackie Young. Mayor Jabbour called the meeting to order at 7:00 p.m. (#1) CONSENT AGENDA Items 10.11.13. 15. 19. 20. 21.22. 24. and 27 were added to the Consent Agenda. Kelley moved, Peterson seconded, to approve the Consent Agenda as amended. VOTE: Ayes 4, Nays 0. PUBLIC HEARING (#2) EMERGENCY WARNING SIRENS, CONDITIONAL USE PERMIT - RESOLUTION, 7:05 p.m. -7:15 p.m. Moorse reviewed his August 20.1998 memorandum regarding the installation of two additional emergency warning sirens The City Council approved waiving review of the CUP by the Plan-'-ng Commission and holding the public hearing at the August 24 Council meeting Moorse stated the proposed locations of the sirens are the northeast corner of Bederwood Park adjacent to Stubbs Bay Road and the southwest crmer of French Creek Preserve Park adjacent to the metro sewer lift station Goetten inquired why one of the sirens was not being installed in the western part of the City as had previously been discussed. Moorse remarked if the siren were installed in the western part of the City, the coverage would overlap into Independence and not provide the best coverage for the citizens of Orono. Mayor Jabbour open the item up for public comment. A citizen inquired how close to Stubbs Bay Road the siren will be installed and whether the siren could be moved to the northwest corner away from the houses Moorse indicated City Staff has taken into account the area the sirens would cover, access to electrical hookup, and population Moorse stated the proposed site for the siren was chosen due to the fact that it will be located on City property and be placed at an elevated height at the top of the hill away from trees. Goetten commented the City Council needs to ensure proper coverage for the City. Page 1 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24, 1998 (Emergency Warning Sirens, Continued) M jyor Jabbour stated during the last storm people in that area were not warned of the severe weather, noting the City Council would like to take a pro-active role and install emergency warning sirens in the appropriate areas to warn citizens of bad weather. Mayor Jabbour remarked City Staff could review the area and evaluate whether the siren could be relocated to the west somewhat and still provide the best coverage for that area. Kelley stated he was in favor of installing the sirens as proposed b'* '*;,y Staff. Goetten remarked the concerns of the citizens should be addressed, and suggested City Staff review the location of the sirens before installation. ^ Mayor Jabbour reminded that one of the reasons for the location at Stubbs Bay Road was the access to electrical, noting electrical access might not be available if located further west It was noted by a citizen in the audience that electrical is available by the ballfield. Moorse stated the sirens have arrived and are ready to be installed within the next few weeks. Mayor Jabbour stated in his opinion the sirens are warranted, noting the sirens will only be activated onf weather. Mayor Jabbour requested City Staff review the proposed locations of the siren to ensure that they will provide the best possible coverage available. Moorse staled the sirens will also be activated the first Wednesday of every month to ensure that they are functioning correctly. Goetten moved, Kelley seconded, to authorize City Staff to install the emergency warning sirens m the northeast corner of Bederwood Park adjacent to Stubbs Bay Road and the southwest corner of French Creek Preserve Park adjacent to the Metro sewer lift station review by City Staff to ensure optimum coverage at these proposed locations. VOTE: Ayes 5, Nays 0. PARK COMMISSION COMMEN' addressed the City Council regarding issues concerning the Park Commission noting mprovements are slowly being made to the area parks White remarked the Park Commission no"feas,blf developmen, on ,ha, land is Engineers and Hennepin County last Friday to discuss the Old Crystal Bay Road bike trail from the City Hall to Baker Park The trail is planned for bidding this winter, with construction in 1999 ^ Flint inquired about the condition of Springhill Park trail. White stated Erickson was going to walk the site but has not reported back to the Park Commission. naTEas been Sommered'" Page 2 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 (Park Commission Comments, Continued) Flint expressed concerns that this area be reviewed periodically to ensure that this project be completed. Gappa stated the City has a letter of credit related to the full Springhill Golf Course project to ensure that the work is completed. Mayor Jabbour stated he is in favor of the Springhill project as well as proceeding with the Eisinger property, and suggested monitoring the property for methane gases. Kelley commented the School District should be approached as well about park/ballfield use on the Eisinger property before proceeding much further with the Eisinger property. Mayor Jabbour inquired whetlier White would be willing to investigate possible tax credit monies that could be utilized for this project. White indicated he would be willing to work on this project with City Staff. LAKE MINNETONKA CONSERVATION DISTRICT Lili McMillan addressed the City Council regarding the LCMR application which has been denied. McMillan stated while no official reason has been given for the denial, possible reasons why the application was denied include an open-en.’.' t applica.'.vn with no specific site identified, rumors of dissatisfaction from citizens, and a high fir •. rp'.r^est of 5 million dollars. Mayor Jabbour noted there is not strong local support for this project. McMillan staled planning is currently on-going regarding improving the bridge and area by the Grays Bay Marina. They are in the design phase at the present time McMillan stated the LMCD has recently conducted a shoreline count which reflected a decline in the number of watercraft stored on Lake Minnetonka and are considering conducting a shoreline count next year to verify the accuracy of the count. Mayor Jabbour stated in his experience Lake Minnetonka has more boats now than it has had in the past and in his opinion the count is not accurate McMillan staled the LCMD staff conducted the count and she is not aware whether all shorelines were counted and should be re-evaluated. Mayor Jabbour inquired what nun bers the LCMD arrived at. McMillan stated the count reflected a 22 percent decline in the number of watercraft stored on Lake Minnetonka since 1996. Mayor Jabbour requested McMillan address the LCMD to see whether a zero percent city levy could be in* josed due to the high amount of monies in the reserve McMillan stated she has recommended reducing the levy by using some of the reserves and will research that further. Page 3 ’1 ORONO CITY COUNCIL MEETING MINUTES FOR AUGUST 24,1998 (Lake Minnetonka Conservation District, Continued) Mayor Jabbour stated the LMCD should work more closely with the City in the future. APPROVAL OF MINUTES (*#3) REGULAR MEETING OF AUGUST 10,1998 Kelley moved, Peterson seconded, to approve the minutes of the Regular City Council meeting of August 10, t:98, as submitted. VOTE: Ayes 4, Nays 0. PLANNING COMMISSION COMMENTS Sandra Smith staled she has no comments at this time but would address the City Council if necessary on Item 26. PUBLIC COMMENTS Pam Anderson. 4220 Chippewa Lane. Maple Plain, addressed the City Council regarding concerns she t^s about the condition of the road due to the ongoing construction in that area. Anderson stated after the last rainstorm the road was inaccessible due to the condition of the road. Anderson remarked she has spoken with Jerry Mortenson. the head engineer on the project, about her concerns and was told they would be addressed. To date nothing has been done to improve the condition of the road. Gappa stated he has spoken with Mortenson and was told the road was passable at the present time Gappa suggested enough rock be stockpiled for a one lane road, which could be hauled in within a day or two. Kelley noted the agreement with the contractor required that the road be passable. Mayor Jabbour stated he is aware of the condition of the road and the Public Works Department should take action to improve the road Gappa staled he will speak with Buffalo Bituminous who has ensured him that the condition of the road will be improved. Moorse commented the County should be notified if no action is taken by Wednesday. Goelten stated she will check with Gappa on Wednesday to see what steps have been taken. ZONING ADMINISTRATOR'S REPORT (*#4) #2370 GARY O'KEEFE, 1392 BALDUR PARK ROAD - VARIANCES/CONDITIONAL USE PERMIT - REVISED RESOLUTION NO. 4143 Kelley moved, Peterson seconded, to approve Application #2370 per Resolution #4143 VOTE: Ayes 4, Nays 0. Page 4